Chapter 14

ANIMALS

[HISTORY: Adopted by the Village Board of the Village of Holmen 1-9-1997. Amendments noted where applicable.]  

GENERAL REFERENCES

 Noise — See Ch. 112.

  

§ 14-1.  Purpose.

The purpose of this chapter is to promote and protect the health, safety, convenience and general welfare of the people of the Village of Holmen. 

§ 14-2.  Statutory authority.

This chapter is adopted as authorized under Wisconsin State Statutes, Chapters 170, 172, 173, 174 and ss. 951.01 through 951.15, including any repeal or recreation of said chapter or sections.[1] 

§ 14-3.  Abrogation and greater restrictions.

It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing rules, regulation, ordinances or permits previously adopted or issued pursuant to law. However, whenever this chapter imposes greater restrictions, the provisions of this chapter shall apply. 

§ 14-4.  Interpretation.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. Where any terms or requirements of this chapter may be inconsistent or conflicting, the more restrictive requirements or interpretations shall apply. Where a provision of this chapter is required by Wisconsin Statutes and where the ordinance provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes in effect on the date of the adoption of this chapter or in effect on the date of the most recent text amendment to this chapter. 

§ 14-5.  Applicability.

The requirements of this chapter apply to all activities related to animal control within the Village of Holmen. 

§ 14-6.  Administration.

The provisions of this chapter shall be administrated by the Village of Holmen Board and its designated agents. 

§ 14-7.  Definitions.

In this chapter, unless the context or subject matter otherwise require, the following terms shall have the meanings indicated: 

ANIMAL — Mammals, reptiles and birds.  

AT LARGE — To be off the premises of the owner and not under the control of some person either by leash, but a dog or cat within an automobile of its owner, or in an automobile of any other person with the consent of the owner of said dog or cat, shall be deemed to be upon the owner's premises.  

CAT — Any feline, regardless of age or sex.  

CRUEL — Causing unnecessary and excessive pain or suffering or unjustifiable injury or death.  

DOG — Any canine, regardless of age or sex.  

FARM ANIMAL — Any warm-blooded animal normally raised on farms in the United States and used for food or fiber.  

LAW ENFORCEMENT OFFICER — That meaning as appears in Sec. 967.02(5), Wis. Stats., and includes a humane officer under Sec. 173.03, Wis. Stats., but does not include a conservation warden appointed under Sec. 23.10, Wis. Stats. [2] 

NEUTERED — A dog or cat having nonfunctional reproductive organs.  

OWNER — Any person owning, harboring or keeping a dog or cat and the occupant of any premises on which a dog or cat remains or to which it customarily returns daily for a period of 10 days; such person is presumed to be harboring or keeping the dog or cat within the meaning of this section.  

PET — An animal kept and treated as a pet.  

RESIDENTIAL LOT — A parcel of land zoned as residential, occupied or to be occupied by a dwelling, platted or unplatted, and under common ownership. For the purpose of this section, any vacant parcel or parcels adjoining a dwelling and under the same ownership shall constitute one lot. [3] 

§ 14-8.  Rabies vaccination required for license. 

A.     Rabies vaccination. The owner of a dog or cat shall have the dog or cat vaccinated against rabies by a veterinarian within 30 days after the dog or cat reaches five months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or cat or brings the dog or cat into the Village of Holmen after the dog or cat has reached five months of age, the owner shall have the dog or cat vaccinated against rabies within 30 days after the dog or cat is brought into the village unless the dog or cat has been vaccinated as evidenced by a current certificate of rabies vaccination. The owner of a dog or cat shall have the dog or cat revaccinated against rabies by a veterinarian before the date of that immunization expires as stated on the certificate of vaccination or, if no date is specified, within two years after the previous vaccination. The certificate of vaccination shall meet the requirements of Section 95.21(2), Wis. Stats.[4] 

B.     Issuance of certificate of rabies vaccination. A veterinarian who vaccinates a dog or cat against rabies shall complete and issue to the owner a certificate of rabies vaccination bearing a serial number and in the form approved by the village stating the owner's name and address, the name, sex, spayed or unspayed, neutered or unneutered, breed and color of the dog or cat, the date of the vaccination, the type of rabies vaccination administered and the manufacturer's serial number, the date that the immunization expires as specified for that type of vaccine by the Center for Disease Control of the United States Department of Health and Human Services and the village. 

C.     Copies of certificate. The veterinarian shall keep a copy of each certificate of rabies vaccination in a file maintained for this purpose until the date that the immunization expires or until the dog or cat is revaccinated, whichever occurs first. 

D.     Rabies vaccination tag. After issuing the certificate of rabies vaccination, the veterinarian shall deliver to the owner a rabies vaccination tag of durable material bearing the same serial number as the certificate, the year the vaccination was given and the name, address and telephone number of the veterinarian. 

E.      Tag to be attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar and a collar with the tag attached shall be kept on the dog or cat at all times, but this requirement does not apply to a dog or cat during competition. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this paragraph do not apply to a dog or cat which is not required to be vaccinated under Subsection A. 

F.      Duplicate tag. The veterinarian may furnish a new rabies vaccination tag with a new serial number to an owner in place of the original tag upon presentation of the certificate of rabies vaccination. The veterinarian shall then indicate the new tag number on the certificate and keep a record in the file. 

G.     Cost. The owner shall pay the cost of the rabies vaccination and the cost associated with the issuance of a certificate of rabies vaccination and the delivery of a rabies vaccination tag.   

§ 14-9.  Issuance of dog and kennel licenses. 

A.     Dog licenses. 

(1)    It shall be unlawful for any person in the Village of Holmen to own, harbor or keep any dog more than five months of age without complying with the provisions of Section 174.05 through Section 174.10, Wisconsin Statutes, relating to the listing, licensing and tagging of the same. 

(2)    The owner of any dog more than five months of age on January 1 of any year, or five months of age within the license year, shall annually, or on or before the date the dog becomes five months of age, pay a license tax and obtain a license. 

(3)    The minimum license tax under this section shall be the license fee charged by La Crosse County plus a $1 village administrative fee for spayed female or neutered male dogs. The minimum fee for unspayed or unneutered dogs shall be the license fee charged by La Crosse County plus a $1 village administrative fee. 

(4)    Upon payment of the required license tax and upon presentation of evidence that the dog is currently immunized against rabies, as required by § 14-8 of this chapter, the Village Clerk shall complete and issue to the owner a license for such dog containing all information required by state law. The Village Clerk shall also deliver to the owner, at the time of issuance of the license, a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year. 

(5)    The owner shall securely attach the tag to a collar and the collar with the tag attached shall be kept on the dog for which the license is issued at all times, except as provided in § 14-8E. 

(6)    The fact that a dog is without a tag attached to the dog by means of a collar shall be presumptive evidence that the dog is unlicensed. Any village police or humane officer shall seize, impound or restrain any dog for which a dog license is required which is found without such tag attached. 

(7)    Notwithstanding the foregoing, every dog specifically trained to lead blind or deaf persons is exempt from the dog license tax, and every person owning such a dog shall receive annually a free dog license from Village Clerk upon application therefor.   

B.     Kennel licenses. 

(1)    Any person who keeps or operates a kennel shall, instead of the license tax for each dog required by this chapter, apply for a kennel license for the keeping or operating of the kennel. Such person shall pay for the license year a license tax of $30 for a kennel of 12 or fewer dogs and an additional $3 for each dog in excess of 12. Upon payment of the required kennel license tax and, if required by the village, upon presentation of evidence that all dogs over five months of age are currently immunized against rabies, the Village Clerk shall issue the kennel license and a number of tags equal to the number of dogs authorized to be kept in the kennel. Kennels may only be located in agricultural areas after a conditional use permit has been issued pursuant to Chapter 195, Zoning. 

(2)    The owner or keeper of a kennel shall keep at all times a kennel license tag attached to the collar of each dog over five months old kept by the owner or keeper under a kennel license, but this requirement does not apply to a show dog during competition. These tags may be transferred from one dog to another within the kennel whenever any dog is removed from the kennel. The rabies vaccination tag or substitute tag shall remain attached to the dog for which it is issued at all times, but this requirement does not apply to a show dog during competition. No dog bearing a kennel tag shall be permitted to stray or to be taken anywhere outside the limits of the kennel unless the dog is on a leash or is temporarily used for the purposes of hunting, breeding, trial, training or competition.     

§ 14-10.  Late fees.

The Village Clerk or County Clerk shall assess and collect a late fee as established by La Crosse County from every owner of a dog five months of age or over if the owner failed to obtain a license prior to April 1 of each year, or within 30 days of acquiring ownership of a licensable dog or if the owner failed to obtain a license on or before the dog reached licensable age. Said late fee shall be charged in addition to the required license fee.[5] 

§ 14-11.  Rabies quarantine.  

A.     Dogs and cats confined. If a district is quarantined for rabies, all dogs and cats within the village shall be kept securely confined, tied, leashed or muzzled. Any dog or cat not confined, tied, leashed or muzzled is declared a public nuisance and may be impounded. All officers shall cooperate in the enforcement of the quarantine. The Village Clerk shall promptly post in at least three public places in the village notices of quarantine.[6] 

B.     Exemption of vaccinated dog or cat from city quarantine. A dog or cat which is immunized currently against rabies, as evidenced by a valid certificate of rabies vaccination or other evidence, is exempt from the village quarantine provisions of Subsection A if a rabies vaccination tag or substitute tag is attached to the dog's or cat's collar. 

C.     Quarantine or sacrifice of an animal suspected of biting a person or being infected or exposed to rabies. 

(1)    Quarantine or sacrifice of dog or cat. An officer shall order a dog or cat quarantined if the officer has reason to believe that the animal bit a person, is infected with rabies or has been in contact with a rabid animal. If a quarantine cannot be imposed because the dog or cat cannot be captured, the officer may kill the animal only as a last resort. The officer shall attempt to kill the animal in a humane manner and in a manner which avoids damage to the animal's head. 

(2)    Health risk to humans. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal bit a person, the custodian of an isolation facility or the owner shall keep the animal under strict isolation under the supervision of a veterinarian for at least 10 days after the incident occurred.   

D.     Quarantine of dog or cat. 

(1)    Delivery to isolation facility or quarantine on premises of owner. An officer who orders a dog or cat to be quarantined shall deliver the animal or shall order the animal delivered to an isolation facility as soon as possible but no later than 24 hours after the original order is issued or the officer may order the animal to be quarantined on the premises of the owner if the animal is immunized currently against rabies as evidenced by a valid certificate of rabies vaccination or other evidence. 

(2)    Health risk to humans. If a dog or cat is ordered to be quarantined because there is reason to believe that the animal bit a person, the custodian of an isolation facility or the owner shall keep the animal under strict isolation under the supervision of a veterinarian for at least 10 days after the incident occurred. In this paragraph, "supervision of a veterinarian" includes, at a minimum, examination of the animal on the first day of isolation, on the last day of isolation and on one intervening day. If the observation period is not extended and if the veterinarian certifies that the dog or cat has not exhibited any signs of rabies, the animal may be released from quarantine at the end of the observation period. 

(3)    Risk to animal health. 

(a)     If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal and if the dog or cat is not currently immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 180 days. The owner shall have the animal vaccinated against rabies between 155 and 165 days after the exposure to a rabid animal. 

(b)     If a dog or cat is ordered to be quarantined because there is reason to believe that the animal has been exposed to a rabid animal but if the dog or cat is immunized against rabies, the custodian of an isolation facility or the owner shall keep the animal leashed or confined for 60 days. The owner shall have the animal revaccinated against rabies as soon as possible after exposure to a rabid animal.   

(4)    Sacrifice of a dog or cat exhibiting symptoms of rabies. If a veterinarian determines that a dog or cat exhibits symptoms of rabies during the original or extended observation period, the veterinarian shall notify the owner and the officer who ordered the animal quarantined, and the officer or veterinarian shall kill the animal in a humane manner and in a manner which avoids damage to the animal's head. If the dog or cat is suspected to have bitten a person, the veterinarian shall notify the person or the person's physician.   

E.      Delivery of carcass; preparation; examination by laboratory of hygiene. An officer who kills an animal shall deliver the carcass to a veterinarian or local health department. The veterinarian or local health department shall prepare the carcass, properly prepare and package the head of the animal in a manner to minimize deterioration, arrange for delivery by the most expeditious means feasible of the head of the animal to the State Laboratory of Hygiene and dispose of or arrange for the disposal of the remainder of the carcass in a manner which minimizes the risk or exposure to any rabies virus. The Laboratory of Hygiene shall examine the specimen and determine if the animal was infected with rabies. The State Laboratory of Hygiene shall notify the village, the veterinarian or local health department which prepared the carcass and, if the animal is suspected to have bitten a person, that person or the person's physician. 

F.      Cooperation of veterinarian. Any practicing veterinarian who is requested to be involved in the rabies control program by an officer is encouraged to cooperate in a professional capacity with the village, the Laboratory of Hygiene, the local health department, the officer involved and, if the animal is suspected to have bitten a person, the person's physician. 

G.     Responsibility for quarantine and laboratory expenses. The owner of an animal is responsible for any expenses incurred in connection with keeping the animal in an isolation facility, supervision and examination of the animal by a veterinarian, preparation of the carcass for laboratory examination and the fee for the laboratory examination. If the owner is unknown, the county is responsible for these expenses.   

§ 14-12.  Restrictions on keeping of dogs, cats, fowl and other animals. 

A.     Restrictions. It shall be unlawful for any person within the Village of Holmen to own, harbor, or keep any dog or cat which: 

(1)    Habitually pursues any vehicle upon any public street, alley or highway in the village. 

(2)    Assaults or attacks any person as described in Subsection B or destroys property. 

(3)    Is at large within the limits of the village. 

(4)    Habitually barks or howls to the annoyance of any person or persons. (See § 14-18.) 

(5)    Kills, wounds or worries any domestic animal. 

(6)    Is known by such person to be infected with rabies or to have been bitten by an animal known to have been infected with rabies. 

(7)    In the case of a dog, is unlicensed.   

B.     Vicious dogs and animals. 

(1)    No vicious dog shall be allowed off the premises of its owner unless muzzled or on a leash in charge of the owner or a member of the owner's immediate family over 16 years of age. For purposes of enforcing this section, a dog shall be deemed as being of a vicious disposition if, within any twelve-month period, it bites two or more persons or inflicts serious injury to one person in unprovoked circumstances off the owner's premises. Any vicious dog which is found off the premises of its owner other than as hereinabove provided may be seized by any person and, upon delivery to the proper authorities, may, upon establishment to the satisfaction of a court of competent jurisdiction of the vicious character of said dog, by testimony under oath reduced to writing, be killed by the police authorities. 

(2)    No person shall harbor or permit to remain on his premises any animal that is habitually inclined toward attacking persons or animals, destroying property, barking excessively or making excessive noises or running after automobiles.   

C.     Animals running at large. 

(1)    No person having in his possession or ownership any animal or fowl shall allow the same to run at large within the village. The owner of any animal, whether licensed or unlicensed, shall keep his animal tied or enclosed in a proper enclosure so as not to allow said animal to interfere with the passing public or neighbors. Any animal running at large unlicensed and required by state law or village ordinance to be licensed shall be seized and impounded by a humane or law enforcement officer. 

(2)    A dog shall not be considered to be running at large if it is on a leash and under control of a person physically able to control it.   

D.     Cat control. 

(1)    It shall be unlawful for the owner or keeper of a cat to permit the same to run at large within the village. A cat is deemed to be at large when off the premises of its owner or keeper and not under his control by means of a leash, by being carried, or physically restrained. "Premises of the owner or keeper" is defined to be his dwelling house, garage and other buildings located on the land he has in his possession and the land itself. "Premises" also includes any motor vehicle normally driven by the owner or keeper wherever located. 

(2)    It shall be the duty of every police or animal control officer to seize and impound any stray cat or cat running at large. Said officer shall immediately ascertain, if possible, the identity of the owner or keeper of each cat so seized by diligent inquiry. 

(3)    If returned to the owner or keeper, said person shall pay to the village the veterinary fee, if any, and a forfeiture. Any cat not claimed within five days of posting of the above notice shall be destroyed.   

E.      Owner's liability for damage caused by dogs; penalties. The provisions of Section 174.02, Wis. Stats., relating to the owner's liability for damage caused by dogs together with the penalties therein set forth are hereby adopted and incorporated herein by reference.   

§ 14-13.  Impoundment of animals. 

A.     Animal control agency. 

(1)    The Village of Holmen may contract with or enter into an agreement with such person, persons, organization or corporation to provide for the operation of an animal shelter, impoundment of stray animals, confinement of certain animals, disposition of impounded animals, and for assisting in the administration of rabies vaccination programs. 

(2)    The Village of Holmen does hereby delegate any such animal control agency the authority to act pursuant to the provisions of this section.   

B.     Impounding of animals. In addition to any penalty hereinafter provided for a violation of this chapter, any police or humane officer may impound any dog, cat or other animal which habitually pursues any vehicle upon any street, alley or highway of this village, assaults or attacks any person, is at large within the village, habitually barks, cries or howls, kills, wounds or worries any domestic animal or is infected with rabies. In order for an animal to be impounded, the impounding officer must see or hear the violation of this section or have in his possession a signed statement of a complaining witness made under oath alleging the facts regarding the violation and containing an agreement to reimburse the village for any damages it sustains for improper or illegal seizure. 

C.     Claiming animal; disposal of unclaimed animals. After seizure of animals under this section by a law enforcement or humane officer, the animal shall be impounded. The officer shall notify the owner, personally or through the U.S. mail, if such owner be known to the officer or can be ascertained with reasonable effort. If within seven days after such notice the owner does not claim such animal, the officer may dispose of the animal in a proper and humane manner; provided, if an animal before being impounded has bitten a person, the animal shall be retained in the animal shelter for 10 days for observation purposes. Within such times, the owner may reclaim the animal upon payment of impoundment fees, such fees to be established by resolution of the Village Board. No animal shall be released from the pound without being properly licensed if so required by state law or village ordinance. In the alternative, a humane society or animal control agency serving the village may provide the required notices under this section. 

D.     Sale of impounded animals. If the owner doesn't reclaim the animal within seven days, the animal warden may sell the animal to any willing buyer. 

E.      Village not liable for impounding animals. The village and/or its animal control agency shall not be liable for the death of any animal which has been impounded or disposed of pursuant to this section.   

§ 14-14.  Dogs and cats restricted in cemeteries.

No dog or cat shall be permitted in any public cemetery. Every dog specially trained to lead blind persons shall be exempt from this section. 

§ 14-15.  Duty of owner in case of dog or cat bite. 

A.     General requirements. Every owner or person harboring or keeping a dog or cat who knows that such dog or cat has bitten any person shall immediately report such fact to the Police Department and shall keep such dog or cat quarantined for not less than 10 days or for such period of time as the Police Department shall direct. The owner or keeper of any such dog or cat shall surrender the dog or cat to a law enforcement or humane officer upon demand for examination. 

B.     Specific responsibilities of a pet owner. 

(1)    After a pet has bitten someone, the person who owns the animal shall: 

(a)     Supply the Police Department with the full name and address of the person bitten. 

(b)     Give a description of the animal to the Police Department. 

(c)     Quarantine the animal and have it examined as follows: 

[1]    When a dog (vaccinated or unvaccinated) has bitten any person and caused an abrasion of the skin of such person, it shall be examined by a licensed veterinarian within 24 hours and quarantined in an isolation facility for 10 days. 

[2]    If, upon examination by a veterinarian, the dog has no signs of rabies and has a valid rabies vaccination, an officer (defined as a peace officer, full-time health officer, humane officer or warden) may order the animal quarantined on the owner's premises. 

[3]    If the dog had no signs of rabies but does not have a valid rabies vaccination, it shall be confined for a minimum period of 10 days at an isolation facility, as defined in Section 95.21(1)(am), Wis. Stats.[7]     

(2)    Quarantined animals must be examined by a doctor of veterinary medicine on the first and 10th day and one day in between (a total of three times). NOTE: If the animal is isolated on the owner's premises, the law requires that the veterinarian come to the owner's premises. The animal cannot be transported by the owner to the veterinarian. 

(3)    The veterinarian shall notify the Police Department in writing as to the results of his supervision of the isolated animal.     

§ 14-16.  Animal feces.

The owner, keeper, walker or person in charge of any dog, cat or other animal shall not permit solid fecal matter of such animal to deposit on any street, alley or other public or private property, unless such matter is immediately removed therefrom by said owner or person in charge. This section shall not apply to a person who is visually or physically handicapped. 

§ 14-17.  Injury to property by animals.

It shall be unlawful for any person owning or possessing an animal, dog or cat to permit such animal, dog or cat to go upon any parkway or private lands or premises without the permission of the owner of such premises and break, bruise, tear up, crush or injure any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever, or to defecate or urinate thereon. 

§ 14-18.  Barking dogs or crying cats.

It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls, or yelps, or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to be a public nuisance. A dog, animal or cat is considered to be in violation of this section when two formal, written complaints are filed with the Police Department within a four-week period. 

§ 14-19.  Prohibited and protected animals, fowl, reptiles and insects. 

A.     Protected animals. 

(1)    Possession and sale of protected animals. It shall be unlawful for any person, firm or corporation to possess with intent to sell or offer for sale, or buy or attempt to buy, within the village any of the following animals, alive or dead, or any part or product thereof: all wild cats of the family felidae, polar bear (thalarctos maritimus), red wolf (canis niger), vicuna (vicugna vicugna), or alligator, caiman or crocodile of the order of crocodilia, gray or timber wolf (canis lupus), sea otter (enhydra lutris), Pacific ridley turtle (lepidochelys olivacea), Atlantic green turtle (chelonia mydas), Mexican ridley turtle (lepidochelys kempi). 

(2)    Compliance with federal regulations. It shall be unlawful for any person, firm or corporation to buy, sell or offer for sale a native or foreign species or subspecies of mammal, bird, amphibian or reptile, or the dead body of parts thereof, which appears on the endangered species list designated by the United States Secretary of the Interior and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969 (Public Law 135, 91st Congress). 

(3)    Regulating the importation of certain birds. No person, firm or corporation shall import or cause to be imported into this village any part of the plumage, skin or dead body of any species of hawk, owl or eagle. This paragraph shall not be construed to forbid or restrict the importation or use of the plumage, skin, body or any part thereof legally collected for use by the American Indians for ceremonial purposes or in the preservation of their tribal customs and heritage.   

B.     Exceptions. The provisions of Subsection A above shall not be deemed to prevent the lawful importation, possession, purchase or sale of any species by any public agency, institute of higher learning, persons holding federal permits, or by a person holding a scientific collectors permit issued by the Secretary of the Department of Natural Resources of the state, or to any person or organization licensed to present a circus. 

C.     Wild animals; prohibition on keeping. It shall be unlawful for any person to keep, maintain or have in his possession or under his control within the village any poisonous reptile or any other dangerous or carnivorous wild animal, insect or reptile, any vicious or dangerous domesticated animal or any other animal or reptile of wild, vicious or dangerous propensities. Specifically, it shall be unlawful for any person to keep, maintain or have in his possession or under his control within the village any of the following animals, reptiles or insects: 

(1)    All poisonous animals and reptiles including rear-fang snakes. 

(2)    Apes: Chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla); orangutans (Pongo); ans siamangs (Symphalangus). 

(3)    Baboons (Papoi, Mandrillus). 

(4)    Bears (Ursidae). 

(5)    Bison (Bison). 

(6)    Cheetahs (Acinonyx jubatus). 

(7)    Crocodilians (Crocodilia), 30 inches in length or more. 

(8)    Constrictor snakes, six feet in length or more. 

(9)    Coyotes (Canis latrans). 

(10)  Deer (Cervidae); including all members of the deer family; for example, white-tailed deer, elk, antelope and moose. 

(11)  Elephants (Elephas and Loxodonta). 

(12)  Game cocks and other fighting birds. 

(13)  Hippopotami (Hippopotamidae). 

(14)  Hyena (Hyaenidae). 

(15)  Jaguars (Panthera onca). 

(16)  Leopards (Panthera pardus). 

(17)  Lions (Panthera leo). 

(18)  Lynxes (Lynx). 

(19)  Monkeys, old world (Cercopithecidae). 

(20)  Ostriches (Struthio). 

(21)  Puma (Felis concolor); also known as cougars, mountain lions and panthers. 

(22)  Rhinoceroses (Rhinocero tidae). 

(23)  Snow leopards (Panthera uncia). 

(24)  Tigers (Panthera tigris). 

(25)  Wolves (Canis lupus) and foxes. 

(26)  Poisonous insects. 

(27)  Except in properly zoned districts, horses, mules, ponies, donkeys, cows, pigs, goats, sheep, chickens or any animal raised for fur-bearing purposes unless otherwise permitted elsewhere in this Code. If zoned agriculturally or if a nonconforming use permits the harboring of animals such as cattle, horses, swine, sheep, goats, poultry or rabbits, it is required that no enclosure be within 25 feet of any building used for residence purposes by anyone other than the home owner and be it further required that the enclosure not be within 25 feet of where food is prepared, kept or sold.   

D.     Exceptions. The prohibitions of Subsection C above shall not apply where the creatures are in the care, custody or control of: a veterinarian for treatment; agricultural fairs; shows or projects of the 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private educational institutions; zoological gardens; if: 

(1)    Their location conforms to the provisions of Chapter 195, Zoning, of the village. 

(2)    All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors. 

(3)    Animals are maintained in quarters so constructed as to prevent their escape.     

§ 14-20.  Sale of rabbits, chicks or artificially colored animals. 

A.     No person may sell, offer for sale, raffle, give as a prize or premium, use as an advertising device or display living chicks, ducklings, other fowl or rabbits that have been dyed or otherwise colored artificially. 

B.     No person may sell, offer for sale, barter or give away living chicks, ducklings or other fowl without providing proper brooder facilities for the care of such chicks, ducklings or other fowl during the time they are in such person's care, custody or control. 

C.     No retailer, as defined in Sec. 100.30(2)(e), Wis. Stats., may sell, offer for sale, barter or give away living baby rabbits, baby chicks, ducklings or other fowl under two months of age, in any quantity less than six, unless the purpose of selling these animals is for agricultural, wildlife or scientific purposes.[8]   

§ 14-21.  Providing proper food and drink to confined animals. 

A.     No person owning or responsible for confining or impounding any animal may refuse or neglect to supply the animal with a sufficient supply of food and water as prescribed in this section. 

B.     The food shall be sufficient to maintain all animals in good health. 

C.     If potable water is not accessible to the animals at all times, it shall be provided daily and in sufficient quantity for the health of the animal.   

§ 14-22.  Providing proper shelter. 

A.     Proper shelter. No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper shelter as prescribed in this section. In the case of farm animals, nothing in this section shall be construed as imposing shelter requirements or standards more stringent than normally accepted husbandry practices in the particular county where the animal or shelter is located. 

B.     Indoor standards. Minimum indoor standards of shelter shall include: 

(1)    Ambient temperatures. The ambient temperature shall be compatible with the health of the animal. 

(2)    Ventilation. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times.   

C.     Outdoor standards. Minimum outdoor standards of shelter shall include: 

(1)    Shelter from sunlight. When sunlight is likely to cause exhaustion of an animal tied or caged outside, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight. As used in this paragraph, "caged" does not include farm fencing used to confine farm animals. 

(2)    Shelter from inclement weather. 

(a)     Animals generally. Natural or artificial shelter appropriate to the local climatic conditions for the species concerned shall be provided as necessary for the health of the animal. 

(b)     Dogs. If a dog is tied or confined unattended outdoors under weather conditions which adversely affect the health of the dog, a shelter of suitable size to accommodate the dog shall be provided.     

D.     Space standards. Minimum space requirements for both indoor and outdoor enclosures shall include: 

(1)    Structural strength. The housing facilities shall be structurally sound and maintained in good repair to protect the animals from injury and to contain the animals. 

(2)    Space requirements. Enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of debility, stress or abnormal behavior patterns.   

E.      Sanitation standards. Minimum standards of sanitation for both indoor and outdoor enclosures shall include periodic cleaning to remove excreta and other waste materials, dirt and trash so as to minimize health hazards. Any permitted enclosure shall be maintained in a clean condition free from odors or other offenses to adjoining property owners. The presence of any rats or rodents in the yard shall be prima facia evidence that such yard is maintained in violation of this chapter.   

§ 14-23.  Neglected or abandoned animals. 

A.     Neglected or abandoned animals. 

(1)    No person may abandon any animal. 

(2)    Any law enforcement officer may remove, shelter and care for an animal found to be cruelly exposed to the weather, starved or denied adequate water, neglected, abandoned or otherwise treated in a cruel manner and may deliver such animal to another person to be sheltered, cared for and given medical attention, if necessary. In all cases the owner, if known, shall be immediately notified and such officer, or other person, having possession of the animal shall have a lien thereon for its care, keeping and medical attention and the expense of notice. 

(3)    If the owner or custodian is unknown and cannot, with reasonable effort, be ascertained or does not, within five days after notice, redeem the animal by paying the expenses incurred, it may be treated as a stray and dealt with as such. 

(4)    Whenever in the opinion of any such officer an animal is hopelessly injured or diseased so as to be beyond the probability of recovery, it shall be lawful for such officer to kill such animal and the owner thereof shall not recover damages for the killing of such animal unless he shall prove that such killing was unwarranted. 

(5)    Section 173.10, Investigation of Cruelty Complaints, and Section 173.24, Wis. Stats., Expenses of Investigation, are hereby adopted by reference and made a part of this chapter.[9]   

B.     Injured animal. No person who owns, harbors or keeps any animal shall fail to provide proper medical attention to such animal when and if such animal becomes sick or injured. In the event the owner of such animal cannot be located, the village or any animal control agency with whom the village has an agreement or contract shall have the authority to take custody of such animal for the purpose of providing medical treatment, and the owner thereof shall reimburse the person or organization for the costs of such treatment.   

§ 14-24.  Cruelty to animals and birds prohibited. 

A.     Acts of cruelty prohibited. No person except a police officer or health or humane officer in the pursuit of his duties shall, within the village, shoot or kill or commit an act of cruelty to any animal or bird or disturb any bird's nests or bird's eggs. 

B.     Leading animal from motor vehicle. No person shall lead any animal upon a village street from a motor vehicle or from a trailer or semi-trailer drawn by a motor vehicle. 

C.     Use of poisonous and controlled substances. No person may expose any pet animal owned by another to any known poisonous substance or controlled substance listed in Sec. 961.14, Wis. Stats., whether mixed with meat or other food or not, where it is reasonable to anticipate the substance may be eaten by such animal or for the purpose of harming the animal. This subsection shall not apply to poison used on one's own premises and designed for the purpose of rodent and pest extermination, nor the use of a controlled substance used in accepted veterinarian practice or in research by persons or organizations regularly engaged in such research.[10] 

D.     Use of certain devices prohibited. No person may directly or indirectly, or by aiding, abetting or permitting the doing thereof either put, place, fasten, use or fix upon or to any animal used or readied for use for a work purpose or for use in an exhibition, competition, rodeo, circus or other performance any of the following devices: a bristle bur, tack bur or like device; or a poling device used to train a horse to jump which is charged with electricity or to which have been affixed nails, tacks or other sharp points. 

E.      Shooting at caged or staked animals. No person may instigate, promote, aid or abet as a principal, agent, employee, participant or spectator, or participate in the earnings from or intentionally maintain or allow any place to be used for the shooting, killing or wounding with a firearm or any deadly weapon any animal that is tied, staked out, caged or otherwise intentionally confined in a man-made enclosure, regardless of size.   

§ 14-25.  Trapping of animals. 

A.     All traps set, placed or tended shall comply with Chapter 29 of the Wisconsin Statutes as they relate to trapping. 

B.     This section shall not apply to trapping within the confines of buildings or homes. 

C.     Nothing in this section shall prohibit or hinder the Village of Holmen or its employees or agents from performing their official duties.   

§ 14-26.  Dognapping and catnapping.

No person may take the dog or cat of another from one place to another without the owner's consent or cause such a dog or cat to be confined or carried out of the village or held for any purpose without the owner's consent. This section does not apply to law enforcement officers or humane society agents engaged in the exercise of their official duties, or as otherwise permitted herein. 

§ 14-27.  Vehicle accidents.

The operator of any vehicle involved in an accident resulting in injury to or death of a dog, cat or other animal which appears to be a pet shall immediately notify the Police Department or an animal control agency whose jurisdiction extends into the village. 

§ 14-28.  Keeping of bees. 

A.     It shall be unlawful for any person to establish or maintain any hive, stand or box where bees are kept or keep any bees in or upon any premises within the corporate limits of the village unless the bees are kept in accordance with the following provisions: 

(1)    No hive, stand or box where bees are kept shall be located closer than 20 feet to any property boundary. 

(2)    If bee colonies are kept within 50 feet of any exterior boundary of the property on which the hive, stand or box is located, a barrier that will prevent bees from flying through it, no less than five feet high, shall be installed and maintained along said exterior boundary. Said barrier may be either a natural planting or artificial. 

(3)    Fresh, clean watering facilities for bees shall be provided on the said premises. 

(4)    The bees and equipment shall be kept in accordance with the provisions of the state statutes. 

(5)    Bee hives may only be located in a rear yard. 

(6)    Bees may only be kept after a conditional use permit is first issued pursuant to Chapter 195, Zoning.   

B.     Nothing in this section shall be deemed or construed to prohibit the keeping of bees in a hive, stand or box located within a school or university building for the purpose of study or observation.   

§ 14-29.  Limitation on number of dogs and cats. 

A.     Purpose. The keeping of a large number of dogs or cats within the village for a considerable period of time detracts from and, in many instances, is detrimental to, healthful and comfortable life in such areas. The keeping of a large number of dogs or cats is, therefore, declared a public nuisance.[11] 

B.     Number limited. No family shall own, harbor, board, or keep in its possession more than two dogs and two cats on any residentially zoned lot without the prior approval of the Village Board, except that a litter of pups or kittens or a portion of a litter may be kept for not more than five months from birth. If more than one family resides on a residential lot, then only a total of two dogs and two cats shall be allowed per residential unit. For the purposes of this section, the term "family" shall be defined as one or more persons. Persons may keep more than two dogs or cats only if they have first received a kennel license and a conditional use permit pursuant to Chapter 195, Zoning. Persons having more than two cats on the effective date of this section may continue to keep such, but may not replace them if the number would then exceed two. [Amended 10-12-2000 by Ord. No. 1.00]   

§ 14-30.  Violations and penalties. 

A.     Any person violating §§ 14-21 through 14-29 shall be subject to a forfeiture of not less than $50 and not more than $200. This section shall also permit the Village Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any aspect of this chapter. 

B.     Anyone who violates §§ 14-8 through 14-11 of this chapter or Chapter 174, Wis. Stats., shall be subject to a forfeiture of not less than $50 and not more than $500 for the first offense and not less than $100 and not more than $1,000 for any subsequent offenses. [Amended 10-12-2000 by Ord. No. 1.00; 5-11-2006 by Ord. No. 5-06] 

C.     An owner who refuses to comply with an order issued under § 14-11 to deliver an animal to an officer, isolation facility or veterinarian or who does not comply with the conditions of an order that an animal be quarantined shall be fined not less than $100 nor more than $1,000, and in default of payment of such forfeiture and cost shall be imprisoned not more than 60 days. [Amended 10-12-2000 by Ord. No. 1.00] 

D.     Any person who violates §§ 14-12 through 14-20 of this chapter shall be subject to a forfeiture of not less than $50 and not more than $500 for the first violation and not less than $100 and not more than $1,000 for subsequent violations. [Amended 5-11-2006 by Ord. No. 5-06]