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Wisconsin

West's Wisconsin Statutes Annotated. State Sovereignty, Jurisdiction and Divisions. Chapter 1. Sovereignty and Jurisdiction of the State. Public Lands, Waters and Natural Resources. Chapter 29. Wild Animals and Plants. Police Regulations. Chapter 169. Captive Wildlife. Chapter 174. Dogs.

Statute Details
Printable Version
Citation: W. S. A. 1.10; 29.184; 29.921; 29.927; 29.971; 169.20 - 36; 173.01 - 40; 174.001 - 15

Citation: WI ST 1.10; 29.184; 29.921; 29.927; 29.971; 169.20 - 36; 173.01 - 40; 174.001 - 15


Last Checked by Web Center Staff: 01/2014

Summary:   These Wisconsin statutes comprise the state's dog laws.  Among the provisions include dog licensing provisions, hunting laws impacting dogs, and seizure of dogs by humane officers.


Statute in Full:

Links on other pages:

Agriculture, Food and Trade Practices. Chapter 95. Animal Health.

95.21. Rabies control program

Chapter 951. Crimes Against Animals

951.03. Dognapping and catnapping

Fish and Game Laws Related to Dogs:

Public Lands, Waters and Natural Resources.  Chapter 29. Wild Animals and Plants.  Subchapter III. Hunting, Trapping and Fishing Approvals.

29.184. Bear licenses (hunting bear with dogs) 

Subchapter XIII. Enforcement.

29.921. Warrants; arrests; police powers

29.927. Public nuisances

29.971. General penalty provisions

Police Regulations.  Chapter 169. Captive Wildlife.

169.20. Dog training licenses

169.32. Licenses; effective periods

169.33. Licenses; applications; renewals; terminations

169.36. Record-keeping and reporting requirements

Police Regulations.  Chapter 173. Animals; Humane Officers.

173.01. Definitions

173.05. Certification required

173.07. Powers and duties of humane officers

173.09. Investigations

173.10. Investigation of cruelty complaints

173.11. Abatement of violations

173.12. Animal fighting; seizure

173.13. Taking custody of animals

173.15. Provision of care, treatment or disposal services

173.17. Records

173.19. Animals considered unclaimed

173.21. Holding animals for cause

173.22. Review of seizure or withholding

173.23. Disposition of animals

173.24. Reimbursement for expenses

173.25. Immunity for euthanizing animals

173.27. Duties of the department

173.31. Renumbered 948.15 (title), (2) to (4) by L.1973, c. 314, § 1, eff. June 29, 1974

173.40. Repealed by 2003 Act 33, § 2120bb, eff. Feb. 1, 2004

173.41. Regulation of persons who sell dogs or operate animal shelters

Police Regulations.  Chapter 174. Dogs.

Definitions, Damage by Dogs, & Dogs at Large:

174.001. Definitions

174.01. Restraining action against dogs

174.02. Owner's liability for damage caused by dog; penalties; court order to kill a dog

174.042. Dogs running at large and untagged dogs subject to impoundment; penalties

Licenses & Vaccination Provisions:

174.05. Dog license tax

174.052. Publication of the dog license requirement and rabies vaccination requirement

174.053. Multiple dog licenses

174.054. Exemption for owners of dogs kept for educational or scientific purposes

174.055. Exemption of dogs for blind, deaf and mobility-impaired

174.056 - Repealed in part and renumbered in part by 2005 Act 354, §§ 5 to 9, eff. May 3, 2006. Now see WI ST 106.52.

174.06. Listing

174.065. Collection

174.07. Dog licenses and collar tags

174.08. License fees paid to county treasurer

174.09. Dog license fund; how disposed of and accounted for

174.10. Dog licensing in populous counties

174.11. Claims for damage by dogs to domestic animals including ranch mink

174.12. Actions against owners

174.13. Humane use of dogs for scientific or educational purposes

174.15. Penalty

State Sovereignty, Jurisdiction and Divisions.  Chapter 1. Sovereignty and Jurisdiction of the State.

1.10. State song, state ballad, state waltz, state dance, and state symbols

 

 

Public Lands, Waters and Natural Resources.  Chapter 29. Wild Animals and Plants.  Subchapter III. Hunting, Trapping and Fishing Approvals.

29.184. Bear licenses 

(1) Definition. In this section, notwithstanding s. 29.001(42), “hunt bear” means to shoot, shoot at, take, catch, or kill a bear or pursue, with or without the use of dogs, a bear for the purpose of shooting, shooting at, taking, catching, or killing the bear.

(2) Department authority. The department may regulate and limit the number of bear hunters and bear harvested in any area of the state.

(3) Licenses; prohibitions; authorization. (a) Prohibition. Except as authorized under a Class A bear license or a Class B bear license and under sub. (5), no person may do any of the following:

1. Hunt bear.

2. Assist a person in hunting bear by tracking bear, trailing bear or engaging in any other activity to locate bear.

3. Bait bear.

4. Train a dog to track bear, to trail bear or to otherwise engage in any activity that contributes to locating bear.

(am) Evidence of bear hunting. The fact that a person is observing a bear while possessing a firearm is not sufficient evidence to prove that the person holding the firearm is hunting bear.

(bg) Authorization; Class A bear license. A Class A bear license authorizes a resident or nonresident holder of the license to hunt bear and to exercise all of the privileges of a Class B bear license.

(br) Authorization; Class B bear license. A Class B bear license authorizes a resident or nonresident holder of the license to do only the following:

1. Assist a holder of a Class A bear license in hunting bear by tracking bear, trailing bear or otherwise engaging in an activity that contributes to locating bear and that is authorized by rule by the department.

1m. Pursue a bear, provided that the licensee does not shoot, shoot at, capture, take, or kill the bear, except as provided under subd. 4.

2. Bait bear.

3. Train a dog to track bear, to trail bear or to otherwise engage in an activity that contributes to locating bear and that is authorized by rule by the department.

4. Shoot, for the purpose of killing, a bear that was shot, but not killed, by a Class A bear license holder if the Class B bear license holder was hunting in the same hunting party as the Class A bear license holder at the point of kill, if the Class A bear license holder possesses a current unused bear carcass tag that is authorized for use on the bear killed, and if killing the bear is necessary to protect the safety of the members of the hunting party or others.

(c) Type of hunting authorized. A Class A bear license authorizes hunting with a firearm , bow and arrow, or crossbow .

(3m) Open season requirements. If the department establishes an open season that includes a period during which a Class A bear license holder is allowed to hunt bear with the use of a dog, the department shall allow a Class B bear license holder to engage in the activities specified in sub. (3)(br)3. during that period.

(4) Use of dogs. (a) Except at facilities and specified property locations where prohibited by s. NR 45.06, Wis. Adm. Code, a person may engage in the training of a dog as authorized under sub. (3)(bg) or (br) without keeping it on a leash during the period from July 1st through August 31st if all of the following apply:

1. The dog is uniquely tattooed or wears a collar with the owner's name and address attached.

2. The person holds a Class A or Class B bear license issued under this section or is exempt from holding such a license under sub. (5).

3. The dog is being trained in a single pack of dogs that complies with the size requirement under par. (c).

(b) While a person is using a dog to hunt bear or to engage in any of the activities specified in sub. (3)(br)1. to 4., the person shall keep on his or her person any tag required for the dog under s. 95.21(2)(f), 174.053(2) or 174.07(1)(e).

(c) No more than 6 dogs may be in a single pack regardless of the number of individuals involved in the training and regardless of whether there is more than one owner of the dogs.

(5) Exemptions. (a) A person under the age of 16 years may engage in the activities authorized under sub. (3)(br)1. to 4. without holding a Class B bear license.

(b) If a disabled person holds either a Class A or a Class B bear license, a person who accompanies and assists the disabled person may engage in the activities authorized under sub. (3)(br)1. to 4. without holding a Class B bear license.

(c) Any person may engage in the activities authorized under sub. (3)(br)1. to 4. during the 3rd Saturday in August and the immediately following Sunday without holding a Class B bear license.

(6) Issuance. (a) Application. A person who seeks a Class A or Class B bear hunting license shall apply to the department.

(b) Cumulative preference system; random selection. If the number of qualified applications for Class A bear licenses exceeds the number of available licenses, the department shall select applicants to be issued Class A bear licenses based upon a cumulative preference system. This system shall establish preference categories for those applicants who applied for but who were not issued Class A bear licenses or bear harvest permits under s. 29.1085(3)(b), 1993 stats., in the previous season, with higher priority given to those categories with more preference points than those with fewer preference points. For each season, the department shall allow each applicant under the system to apply for a preference point or for a license. The department shall give a preference point to each applicant who applies for a preference point and to each applicant who applies for a license but who is not selected. Applicants who fail to apply for either a preference point or a license at least once during any 3 consecutive years shall lose all previously accumulated preference points. If the number of applicants within a preference category exceeds the number of Class A bear licenses available in the category, the department shall select at random the applicants to be issued licenses within the preference category. Beginning on April 18, 2002, an applicant for a preference point must meet all of the following requirements on the first day of the bear hunting season that immediately follows the date of application:

1. The applicant is at least 10 years old. If the applicant is under 12 years of age, the applicant is subject to the restrictions specified under s. 29.592.

2. The applicant is eligible for an approval authorizing hunting.

(c) Notification, issuance; fees. 1g. A person who applies for a preference point or a license under par. (a) shall pay the processing fee under s. 29.553 at the time of application.

1r. Subject to ss. 29.024 and 54.25(2)(c)1. d., the department shall issue a Class A bear license to those qualified applicants selected to receive a license under par. (b).

2. A Class B bear license shall be issued subject to ss. 29.024 and 54.25(2)(c)1.d. by the department to any resident who applies for this license.

(6g) Issuance of additional Class A bear licenses. (a) In addition to any other Class A bear hunting license that the department issues under this section, the department shall issue 2 certificates for Class A bear hunting licenses in a Class A bear hunting season to an organization known as the Wisconsin Bear Hunters' Association, Inc., if the organization applies for the certificates for that season.

(b) The organization known as the Wisconsin Bear Hunters' Association, Inc., shall award one of the certificates that is issued under par. (a) as a prize in a raffle conducted by a subunit of the organization that is licensed to conduct raffles under ch. 563 and shall award the other to the person who places the highest bid in a public auction.

(c) The organization known as the Wisconsin Bear Hunters' Association, Inc., shall transfer the certificate awarded under par. (b) only to persons who are qualified to receive a Class A bear hunting license. A person who receives a certificate may present that certificate to the department and request a resident or nonresident Class A bear hunting license. Upon receipt of the certificate and the appropriate required fees, the department shall issue the holder of the certificate a resident or nonresident Class A bear hunting license and the carcass tag and back tag under subs. (8) and (9).

(d) If the organization known as the Wisconsin Bear Hunters' Association, Inc., fails to transfer the certificates under par. (c), the certificates shall become invalid.

(e) The organization known as the Wisconsin Bear Hunters' Association, Inc., shall use the proceeds from the raffle and auction under par. (b) in this state to promote bear management and education and to further bear research.

(f) A person may be issued under par. (c) only one Class A bear hunting license in his or her lifetime, and the Class A bear hunting license shall be valid for only one Class A bear hunting season. The issuance under par. (c) of a license to the person is subject to s. 29.024(2g).

(7) Use of fees. Fees received from the issuance of licenses under this section shall be paid into the conservation fund to be used for administering bear licenses and for bear management activities.

(8) Carcass tag. (a) The department shall issue a bear carcass tag to each person who is issued a Class A bear license. Except as provided under par. (b) and s. 29.349(2), a person who kills a bear shall immediately validate and attach the carcass tag to the bear. The carcass tag shall be attached and validated according to rules promulgated by the department.

(b) A person who kills a bear under sub. (3)(br)4. shall ensure that the person for whom the bear is killed attaches a current validated bear carcass tag in the manner provided under par. (a).

(9) Back tag. The department shall issue a back tag to each person who is issued a Class A bear license .

(b) No person may hunt bear as authorized under a Class A bear license unless there is attached to the center of the person's coat, shirt, jacket, or similar outermost garment where it can clearly be seen the back tag issued to the person under par. (a).

<<For credits, see Historical Note field.>>

HISTORICAL AND STATUTORY NOTES

Source:

L.1973, c. 315, § 2, eff. July 3, 1974.
St.1973, § 29.109.
L.1975, c. 360, § 1, eff. June 15, 1976.
L.1979, c. 34, § 736, eff. July 29, 1979. 
1983 Act 27, §§ 720, 721, eff. July 2, 1983.
1985 Act 270, §§ 16, 17m, eff. April 30, 1986.
St.1985, §§ 29.1085, 29.109(1). 
St.1995, § 29.1085. 
1997 Act 1, §§ 57 to 74, 77, eff. Oct. 15, 1997. 
1997 Act 27, §§ 1017r, eff. Oct. 15, 1997. 
1997 Act 27, § 1017rm, eff. Jan. 1, 1999. 
1997 Act 191, §§ 16, 17, eff. May 1, 1998. 
1997 Act 248, §§ 255 to 269, eff. Jan. 1, 1999.
1997 Act 249, §§ 28 to 32, eff. June 18, 1998. 
1999 Act 9, §§ 726c to 727, eff. Oct. 29, 1999.
1999 Act 32, §§ 43 to 45, eff. April 19, 2000. 
1999 Act 186, § 22, eff. June 2, 2000. 
2001 Act 55, §§ 1 to 3, eff. April 18, 2002. 
2003 Act 59, §§ 2 to 6, eff. Oct. 31, 2003. 
2005 Act 25, § 565g, eff. July 27, 2005. 
2005 Act 387, §§ 11, 12, eff. Dec. 1, 2006.
2007 Act 65, §§ 7 to 13, eff. March 26, 2008. 
2007 Act 66, § 3, eff. April 1, 2008. 
2009 Act 39, § 2, eff. Sept. 1, 2009. 
2009 Act 119, § 5, eff. Feb. 26, 2010.
2011 Act 28, §§ 1 to 11m, eff. July 2, 2011.
2011 Act 251, § 1, eff. April 20, 2012. 
2011 Act 252, § 10, eff. April 20, 2012. 
2013 Act 20, §§ 560r to 560v, eff. July 2, 2013. 
 

Public Lands, Waters and Natural Resources.  Chapter 29. Wild Animals and Plants.  Subchapter XIII. Enforcement.

29.921. Warrants; arrests; police powers [see section (7) for dog provision]

(1) Generally. The department and its wardens may execute and serve warrants and processes issued under any law enumerated in ss. 23.50 (1), 167.31, 346.19, 940.24, 941.20, 948.60, 948.605 and 948.61 in the same manner as any constable may serve and execute the process; and may arrest, with or without a warrant, any person detected in the actual violation, or whom the officer has probable cause to believe is guilty of a violation of any of the laws cited in this subsection, whether the violation is punishable by criminal penalties or by forfeiture, and may take the person before any court in the county where the offense was committed and make a proper complaint. For the purpose of enforcing any of the laws cited in this subsection, any officer may stop and board any boat and stop any vehicle, if the officer reasonably suspects there is a violation of those sections.

(2) Field archaeology. The department and any of its wardens may execute and serve warrants and processes issued for violations of s. 44.47 occurring on the bed of any stream or lake in the same manner as any constable may serve and execute the process; and may arrest a person, with or without a warrant, who is detected committing such a violation, or whom the warden has probable cause to believe is guilty of a violation of s. 44.47, and may take the person before any court in the county where the violation was committed and make proper complaint. For the purpose of enforcing s. 44.47, any warden may stop and board any boat and stop any vehicle, if the warden reasonably suspects that there is a violation of s. 44.47.

(3) Harassment. The department and its wardens may execute and serve warrants and processes issued for violations of s. 947.013 (1m) (b) if the victim of the harassment is intentionally selected because of the victim's race in the same manner as any constable may serve and execute the process; and may arrest, with or without a warrant, any person detected in the actual violation, or whom the warden has probable cause to believe guilty of a violation of s. 947.013 (1m) (b), whether the violation is punishable by criminal penalties or by forfeiture and may take the person before any court in the county where the offense was committed and make a proper complaint. For the purpose of enforcing s. 947.013 (1m) (b), any warden may stop and board any boat and stop any vehicle, if the warden reasonably suspects there is a violation of s. 947.013 (1m).

(4) Tribal code enforcement. If a federally recognized American Indian tribe or band consents to the enforcement of its conservation code by the department or if a federal court order authorizes or directs the enforcement, the department and its wardens may execute and serve warrants and processes issued for violations of the tribe's or band's conservation code that occur outside the exterior boundaries of American Indian reservations; and may arrest a person, with or without a warrant, who is detected committing such a violation, or whom the warden has probable cause to believe is guilty of such a violation, and may take the person before the tribal court of appropriate jurisdiction and make proper complaint. For the purpose of enforcing a tribe's or band's conservation code, any warden may stop and board any boat and may stop any vehicle, if the warden reasonably suspects there is a violation of such a conservation code.

(5) Additional arrest powers. In addition to the arrest powers under sub. (1), a warden who has completed a program of law enforcement training approved by the law enforcement standards board, has been certified as qualified to be a law enforcement officer under s. 165.85 (4) (b) 1. and has complied with any applicable requirements under s. 165.85 (4) (bn) 1. while on duty and in uniform or on duty and upon display of proper credentials may assist another law enforcement agency as defined under s. 165.83 (1) (b) including making an arrest at the request of the agency, may arrest a person pursuant to an arrest warrant concerning the commission of a felony or may arrest a person who has committed a crime in the presence of the warden. If the warden makes an arrest without the presence of another law enforcement agency, the warden shall cause the person arrested to be delivered to the chief of police or sheriff in the jurisdiction where the arrest is made, along with the documents and reports pertaining to the arrest. The warden shall be available as a witness for the state. A warden may not conduct investigations for violations of state law except as authorized in ss. 23.11 (4), 29.924 (1) and 41.41 (12). A warden acting under the authority of this subsection is considered an employee of the department and is subject to its direction, benefits and legal protection. The authority granted in this section does not apply to county conservation wardens or special conservation wardens.

(6) Search warrants; subpoenas. In executing search warrants and subpoenas under this chapter where the penalty for the violation is a forfeiture, the department shall use procedures which comply with ss. 968.12 and 968.135 to 968.19.

(7) Dogs injuring wildlife. A warden may kill a dog found running, injuring, causing injury to, or killing, any deer or elk, or destroying game birds, their eggs, or nests, if immediate action is necessary to protect the deer, elk, or game birds, their nests or eggs, from injury or death.

Source:
L.1917, c. 668, § 3.
St.1917, § 29.05.
L.1921, c. 108.
L.1955, c. 423.
L.1955, c. 696, § 7.
L.1959, c. 505, § 2.
L.1959, c. 561, § 1.
L.1959, c. 641, § 5.
L.1961, c. 384, § 1.
L.1961, c. 621, § 10.
L.1965, c. 200.
L.1967, c. 26, § 94, eff. May 14, 1967.
L.1967, c. 185, § 1, eff. Nov. 30, 1967.
L.1969, c. 276, § 588, eff. Dec. 28, 1969.
L.1969, c. 394, § 5, eff. Feb. 12, 1970.
L.1971, c. 42, eff. May 30, 1971.
L.1971, c. 211, § 126, eff. April 4, 1972.
L.1971, c. 277, § 6, eff. May 6, 1972.
L.1973, c. 198, § 5, eff. Aug. 1, 1974.
L.1975, c. 365, § 20, eff. May 29, 1976.
L.1981, c. 98, § 2, eff. Dec. 6, 1981.
1983 Act 27, § 2202(32)(a), eff. July 2, 1983.
1985 Act 36, § 27, eff. Oct. 12, 1985.
1985 Act 135, § 7, eff. March 20, 1986.
1987 Act 332, § 64 (1), eff. July 1, 1989.
1989 Act 31, § 683k, eff. Aug. 9, 1989.
1989 Act 31, § 683m, eff. July 1, 1990.
1989 Act 335, § 34d, eff. May 11, 1990.
1989 Act 336, § 62, eff. May 11, 1990.
1991 Act 17, § 1, eff. Sept. 1, 1991.
1991 Act 39, § 833m, eff. Jan. 1, 1992.
1991 Act 194, § 1, eff. May 1, 1992.
1991 Act 269, § 184, eff. May 1, 1992.
1993 Act 349, § 21, eff. April 30, 1994.
1995 Act 27, § 1535, eff. Jan. 1, 1996.
1995 Act 417, § 14, eff. June 21, 1996.
St.1995, § 29.05(1) to (2).
1997 Act 248, §§ 97 to 102, 708, to 710, eff. Jan. 1, 1999.
1999 Act 185, § 193(1), eff. Sept. 1, 2000.
2001 Act 109, § 84sp, eff. July 30, 2002.

 

Public Lands, Waters and Natural Resources.  Chapter 29. Wild Animals and Plants.  Subchapter XIII. Enforcement.

29.927. Public nuisances [for dog provision see section (8)]

(1) Any unlicensed, untagged or unmarked net of any kind, or other unlicensed, untagged or unmarked device for fishing.

(1m) Any licensed, tagged or marked net or other device for fishing set, placed, or found in any waters where it is prohibited to be used, or in a manner prohibited by this chapter.

(2) Any unlicensed, untagged or unmarked setline, cable, rope, or line, with more than one fish line attached.

(2c) Any licensed, tagged or marked setline set, placed, or found in any waters where it is prohibited to be used, or in a manner prohibited by this chapter.

(2g) Any fish line left in the water unattended, whether having one or more hooks attached.

(2m) Any long tunnel pound net or similar entrapping net other than the legal fyke net, drop net, submarine trap net and the short tunnel pound net whenever found in outlying waters or on any boat, dock, pier or wharf or in any building or vehicle on or adjacent to outlying waters. Any nets found as described in this subsection shall be sufficient evidence of the use of the nets by the owner.

(3) Any device set in public waters to prevent the free passage of fish, or set in any stream which has been stocked by the state unless authorized by the department.

(4) Any permanent or temporary structure placed, occupied, or used on the ice of any waters in violation of this chapter.

(5) Any trap, snare, spring gun, set gun, net or other device used in violation of this chapter which might entrap, ensnare, or kill game.

(5m) Any trap without a metal tag attached as required by law.

(6) Any boat, together with its tackle and equipment, used in violation of this chapter.

(6g) Any lamp, light, gun, firearm, ammunition, bow, crossbow, bolt, or arrow used in violation of this chapter or s. 167.31 or any rules promulgated under s. 167.31.

(6r) Any boat, floating raft, box, or blind set in open water and used in hunting game birds.

(7) Any decoys left in the water unattended.

(8) Any dog found running deer or elk at any time, or used in violation of this chapter.

(9) Any ferret, rat, weasel, or guinea pig in possession or used while hunting.

(10) Any blind used in hunting waterfowl in violation of s. 29.327.

(11) Any motor vehicle, boat, aircraft, remote sensing equipment, navigational device, survey equipment, scuba gear or other equipment or device used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47.

<<For credits, see Historical Note field.>>

HISTORICAL AND STATUTORY NOTES

Source:

L.1917, c. 668, § 3.

L.1917, c. 676, § 3.

St.1917, § 29.03.

L.1935, c. 412.

L.1935, c. 423.

St.1935, §§ 29.03, 29.337(2).

L.1953, c. 556, § 21.

St.1953, § 29.03.

L.1955, c. 272, § 1.

L.1961, c. 218, § 1.

L.1967, c. 26, § 94, eff. May 14, 1967.

L.1967, c. 132, § 1, eff. Nov. 9, 1967.

L.1969, c. 276, § 588, eff. Dec. 28, 1969.

L.1977, c. 443, § 1, eff. June 7, 1978.

1983 Act 192, § 303(6), eff. April 10, 1984.

1985 Act 36, § 15, eff. Oct. 12, 1985.

1993 Act 169, § 1, eff. April 13, 1994.

1995 Act 79, § 4, eff. June 1, 1996.

St.1995, § 29.03.

1997 Act 248, § 93, eff. Jan. 1, 1999.

2001 Act 56, § 95, eff. Jan. 1, 2003.

2001 Act 109, § 84sr, eff. July 30, 2002.

2005 Act 161, § 1, eff. April 5, 2006.

2011 Act 180, § 11, eff. April 17, 2012.

2011 Legislation:

2011 Act 180 amended subsec. (6g).

 

29.971. General penalty provisions

Any person who, for himself or herself, or by his or her agent or employee, or who, as agent or employee for another, violates this chapter shall be punished as follows:

(1)

(a) For the violation of any requirement of this chapter relating to fishing or fish dealing, by a forfeiture of not more than $1,000 except as provided under pars. (ag), (ar), (b), and (c) and sub. (5m).

(ag) For conducting a fishing tournament without a permit as required by the department, by a forfeiture of not less than $1,000 nor more than $2,000.

(ar) For participating in a fishing tournament and failing to comply with a term or condition imposed by a permit issued for that fishing tournament under s. 29.403, by a forfeiture of not more than $500.

(b) For taking, transporting, acquiring, selling, purchasing, or possessing, or attempting to take, acquire, transport, sell, purchase, or possess, any fish, or failing to comply with any record-keeping requirement for fish, in violation of this chapter that has a value under par. (d) exceeding $300 but not exceeding $1,000, by a fine of not less than $1,000 nor more than $5,000 or imprisonment for not more than 30 days or both.

(c) A person taking, transporting, acquiring, selling, purchasing, or possessing, or attempting to take, acquire, transport, sell, purchase, or possess, any fish, or failing to comply with any record-keeping requirement for fish, in violation of this chapter is guilty of a Class I felony if the value of the fish under par. (d) exceeds $1,000.

(d)

1. In this paragraph, “average wholesale value” means the average purchase price paid by wholesale fish dealers on the date of a violation of this chapter as determined by the department after obtaining price information from 3 wholesale fish dealers in this state.

2. Salmon, trout, and noncommercial game fish shall be valued for the purposes of pars. (b) and (c) on a per-fish basis according to the dollar amounts specified under s. 29.977(1)(a) and (i) to (L).

3. Other species of commercial fish shall be valued on a per-pound basis according to the average wholesale value of the fish. The department shall determine the average wholesale value of the fish by averaging the price received by 3 different wholesale fish dealers in this state for that species of fish on or about the date of the violation.

4. For purposes of making charging and penalty determinations under pars. (b) and (c), the value of fish from multiple violations committed by the same person in any 12-month period may be aggregated.

(e) In addition to any other penalty under this section, during the period of time that a person's commercial fishing license is revoked under sub. (12), the person may not engage in fishing on the water or ice in any manner, operate or assist in the operation of fishing gear or engage in the sale or transportation of fish. Any person holding a license under s. 29.519(1m) who has that license revoked under sub. (12) may apply for that license for that part of the license year following the period of revocation and the department shall issue that license if all licensing criteria are met. The revoked license may not be issued to another person during the period of revocation.

(1g) For failure to hold a valid approval as required under this chapter for which a court imposes a penalty under sub. (1)(a) to (e) or (5m), by the payment of a natural resources restitution surcharge equal to the amount of the statutory fee for the approval that was required and that should have been obtained.

(1m)

(a) For the violation of s. 29.537, by a forfeiture of not more than $1,000, except as provided under pars. (b) and (c).

(b) For possessing clams in violation of s. 29.537, if the value of the clams under par. (d) exceeds $300 but does not exceed $1,000, by a fine of not more than $5,000 or imprisonment for not more than 30 days or both.

(c) A person possessing clams in violation of s. 29.537 is guilty of a Class I felony if the value of the clams under par. (d) exceeds $1,000.

(d) Clams shall be valued for the purpose of pars. (b) and (c) according to the current average wholesale value. In this paragraph, “average wholesale value” means the average price received by commercial clam shellers during the 30-day period prior to the date of violation.

(e) For any person holding any approval issued under this chapter, upon the person's 2nd conviction within a 3-year period for violations of this chapter relating to clamming or commercial clamming, by the revocation of all of the person's approvals. In addition, no commercial clamming license or permit may be issued to the person for at least one year after the date of conviction.

(2) For hunting or trapping without an approval required by this chapter:

(a) By a forfeiture of not more than $100; and

(c) By the payment of a natural resources restitution surcharge equal to the amount of the statutory fee for the approval which was required and should have been obtained.

(3) For the violation of any statutes or any department order relating to the hunting, taking, transportation or possession of game, by a forfeiture of not more than $1,000.

(3m) For unlawfully hunting a moose, by a forfeiture of not less than $1,000 nor more than $2,000 and the mandatory revocation of all hunting approvals issued to the person. In addition, no hunting approval may be issued to the person for the time period specified by the court. The time period specified shall be not less than 3 years nor more than 5 years following the date of conviction under this subsection.

(4) For any violation of this chapter or any department order for which no other penalty is prescribed, by a forfeiture of not more than $100.

(5) For violation of s. 29.539, except s. 29.539(3m), by a fine of not less than $1,000 nor more than $2,000 or imprisonment for not more than 6 months or both. In addition, the court shall order the revocation of all hunting and sport fishing approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting or sport fishing approvals under this chapter to the person for 5 years.

(5g) For violation of s. 29.541, by a fine of not more than $500 or imprisonment for not more than 90 days or both. In addition, the court shall order the revocation of all hunting and sport fishing approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting or sport fishing approvals under this chapter to the person for 3 years.

(5m) For the violation of this chapter relating to the taking or possession of lake sturgeon, by a fine of $1,500 or imprisonment for not more than 90 days or both for each lake sturgeon illegally taken or possessed, and a mandatory 3-year revocation of all hunting, fishing and trapping approvals issued to the person under this chapter.

(7) For the violation of s. 29.307(1), by a fine of not more than $1,000 for the first violation and not more than $2,000 for subsequent violations or imprisonment for not more than 90 days, or both, and by a mandatory 3-year revocation of all hunting, fishing, and trapping approvals. An aircraft used in the violation is a public nuisance.

(9) For the violation of any statute or any department order relating to the registration of any wild animal, by a forfeiture of not more than $100.

(9m) For the improper use or validation of any carcass tag, by a forfeiture of not more than $500.

(11) For hunting deer without the required approval, during the closed season, with the aid of artificial light or with the aid of an aircraft, for the snaring of or setting snares for deer, or for the possession or control of a deer carcass in violation of s. 29.055 or 29.347, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both. In addition, the court shall order the revocation of all approvals issued to the person under this chapter and shall prohibit the issuance of any new approval under this chapter to the person for 3 years.

(11g)

(a) For hunting elk without a valid elk hunting license, for possessing an elk that does not have an elk carcass tag attached, for possessing an elk during the closed season, by a fine of not less than $1,000 nor more than $15,000 or by imprisonment for not more than 6 months or both for the first violation, or by a fine of not more than $20,000 or imprisonment for not more than one year or both for any subsequent violation. In addition, the court shall revoke all hunting and trapping approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting and trapping approvals under this chapter to the person for 5 years.

(b) Except as provided under par. (a), for the violation of any provision of this chapter or rules promulgated under this chapter relating to elk hunting or to the violation of an elk carcass tag or registration of an elk, by a forfeiture of not more than $5,000.

(11m)

(a) For shooting, shooting at, killing, taking, catching or possessing a bear without a valid Class A bear license, or for possessing a bear which does not have a carcass tag attached or possessing a bear during the closed season, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both for the first violation, or by a fine of not more than $10,000 or imprisonment for not more than 9 months or both for any subsequent violation, and, in addition, the court shall revoke all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approval under this chapter to the person for 3 years. This paragraph does not apply to a person who shoots at or kills a bear as authorized under s. 29.184(3)(br)4.

(b) Except as provided under par. (a), for the violation of any provision of this chapter relating to bear hunting, to the activities specified in s. 29.184(3)(br)1. to 4., or to the validation of a bear carcass tag or registration of a bear, by a forfeiture of not more than $1,000.

(c) Any person who is convicted of hunting bear or engaging in any of the activities under s. 29.184 (3) (br) with a dog that is not in compliance with s. 29.184 (4) or the licensing requirements under s. 174.053 or 174.07 may have his or her Class A or Class B bear hunting license revoked; and if the license is revoked, no Class A or Class B bear hunting license may be issued to the person for a period of 3 years after the date of conviction.

(11p)

(a) For entering the den of a hibernating black bear and harming the bear, by a fine of not more than $10,000 or imprisonment for not more than 9 months or both.

(b) Paragraph (a) does not apply if the activity subject to the penalty under par. (a) has been specifically approved by the department and is necessary to conduct research activities.

(11r)

(a) For the violation of s. 29.083 (2) (a), by a forfeiture of not more than $500.

(b) For the violation of s. 29.083 (2) (b), by a forfeiture of not more than $1,000.

(11v) For failing to reimburse the department as required under s. 29.404 (3), by a forfeiture of not more than $100.

(12) In addition to any other penalty for violation of this chapter or any department order made under this chapter, the court may revoke or suspend any or all privileges and approvals granted under this chapter for a period of up to 3 years. If a person is convicted of reckless or highly negligent conduct in the operation or handling of a firearm or bow and arrow in violation of s. 940.08, 940.24 or 941.20 and either death or bodily harm to another results from that violation, the court shall revoke every approval issued to that person under this chapter and shall provide a fixed period during which no new approval may be issued to the person. If no death or bodily harm to another results from the violation, the court may revoke any approval issued to that person under this chapter and may provide a fixed period during which no new approval may be issued to the person.

(13) No penalty prescribed in any section of this chapter shall be held to be diminished because the violation for which it is prescribed falls also within the scope of a more general prohibition.

(14) In any prosecution under this section it is not necessary for the state to allege or prove that the animals were not farm-raised deer, farm-raised fish, farm-raised game birds, wild animals subject to regulation under ch. 169, or domestic animals, that they were not taken for scientific purposes, or that they were taken or in possession or under control without a required approval. The person claiming that these animals were farm-raised deer, farm-raised fish, farm- raised game birds, wild animals subject to ch. 169, or domestic animals, that they were taken for scientific purposes or that they were taken or in possession or under control under the required approval, has the burden of proving these facts.

<<For credits, see Historical Note field.>>

HISTORICAL AND STATUTORY NOTES

Source:

L.1975, c. 365, §§ 45, 50, eff. May 29, 1976.

L.1979, c. 34, § 756w, eff. Jan. 1, 1980.

L.1979, c. 150, § 1, eff. March 29, 1980.

L.1979, c. 175, § 15, eff. Jan. 1, 1980.

L.1979, c. 190, §§ 2, 3, eff. May 7, 1980.

L.1979, c. 355, § 54, eff. July 1, 1980.

L.1981, c. 20, §§ 631t to 631x, eff. July 31, 1981.

L.1981, c. 236, § 3, eff. April 27, 1982.

L.1981, c. 243, §§ 3 to 5, eff. April 27, 1982.

L.1981, c. 391, § 42, eff. June 17, 1982.

1983 Act 27, §§ 825 to 831, eff. July 2, 1983.

1983 Act 80, § 9, eff. Nov. 17, 1983.

1983 Act 114, § 9, eff. Dec. 4, 1983.

1983 Act 192, § 80, eff. April 10, 1984.

1983 Act 209, §§ 1, 2, eff. April 24, 1984.

1983 Act 419, § 2, eff. May 15, 1984.

1983 Act 520, § 1, eff. May 19, 1984.

1983 Act 538, §§ 34, 35, eff. June 8, 1984.

1985 Act 29, §§ 669b to 669m, eff. July 20, 1985.

1985 Act 36, § 18, eff. Oct. 12, 1985.

1985 Act 270, § 20, eff. April 30, 1986.

1985 Act 271, § 1, eff. April 30, 1986.

1985 Act 272, §§ 1r, 2, eff. April 30, 1986.

1985 Act 289, § 9, eff. May 1, 1986.

1985 Act 332, § 42, eff. June 12, 1986.

1987 Act 379, § 1, eff. May 3, 1988.

1989 Act 190, § 3, eff. April 25, 1990.

1989 Act 336, § 65a, eff. May 11, 1990.

1991 Act 39, §§ 963, 964, eff. Aug. 15, 1991.

1991 Act 269, § 241w, eff. May 1, 1992.

1993 Act 137, §§ 5 to 8, eff. March 19, 1994.

1995 Act 59, § 1, eff. Nov. 8, 1995.

1995 Act 79, § 38, eff. June 1, 1996.

St.1995, § 29.99.

1997 Act 1, §§ 85 to 87, eff. Oct. 15, 1997.

1997 Act 27, § 1139w, eff. Jan. 1, 1998.

1997 Act 248, §§ 714 to 719, 721, 722, eff. Jan. 1, 1999.

1997 Act 283, §§ 20 to 23, eff. Dec. 31, 1999.

1999 Act 32, §§ 90, 91, eff. April 19, 2000.

1999 Act 185, § 193(1), eff. Sept. 1, 2000.

2001 Act 56, § 102, eff. Jan. 1, 2003.

2001 Act 108, §§ 13, 14, eff. May 21, 2002.

2001 Act 109, §§ 85, 86, 87, 88, eff. Feb. 1, 2003.

2001 Act 109, §§ 86g, 86r, eff. July 30, 2002.

2003 Act 139, §§ 51, 52, eff. March 25, 2004.

2003 Act 249, §§ 3 to 5, eff. April 28, 2004.

2005 Act 288, §§ 57 to 62, eff. July 1, 2006.

2009 Act 276, § 13, eff. May 26, 2010.

2011 Act 28, §§ 12, 13, eff. July 2, 2011.

2011 Act 257, § 13, eff. April 20, 2012.

 

Police Regulations.  Chapter 169. Captive Wildlife.

169.20. Dog training licenses

(1) Bird dog training license.

(a) The department shall issue a bird dog training license to any individual who is at least 10 years of age who files a proper application and pays the applicable fee. If the department issues a bird dog training license to an individual who is under 12 years of age, the individual is subject to the restrictions specified under s. 29.592.

(b) Except as provided in par. (c), a bird dog training license authorizes the holder of the license to purchase, possess, release into the wild, and hunt any of the live captive wild birds specified in s. 169.19(2)(b)1. to 6. solely for the purposes of training a dog to retrieve, point, flush, and track game.

(c) The department may restrict the possessing, releasing, and hunting of a species of wild birds specified in par. (b) by persons holding dog training licenses in zones or areas for which the department has by rule imposed special hunting restrictions for that species.

(d) A person training a bird dog in a bird hunting preserve for which the hunting of pheasant, quail, mallard ducks bred in captivity, or partridge has been authorized under a bird hunting preserve license is exempt from holding a bird dog training license to possess, release into the wild, and hunt live captive wild birds for the purposes of training the dog to retrieve, point, flush, and track wild birds.

(2) Hound dog training license.

(a) The department shall issue a hound dog training license to any individual who is at least 10 years of age who files a proper application and pays the applicable fee. If the department issues a hound dog training license to an individual who is under 12 years of age, the individual is subject to the restrictions specified under s. 29.592.

(b) A hound dog training license authorizes the holder of the license to purchase, possess, release into the wild, and hunt any of the following wild animals for the purpose of teaching hound dogs to track game:

1. Live captive rabbit purchased or otherwise acquired from a person holding a captive wild animal farm license.

2. Live captive raccoon.

3. Live captive bear of the species Ursus americanus.

4. Live captive fox.

5. Live captive coyote.

6. Live captive bobcat.

(3) Dog club training license.

(a) The department may issue a dog club training license to an organization that meets the conditions established by the department by rule for dog club training licenses, that files a proper application and that pays the applicable fee.

(b) A dog club training license authorizes the club or its members to purchase, possess, release into the wild, and hunt species of live captive wild animals that are authorized by the department on property owned or leased by the club for the purpose of teaching a bird dog or hound dog to retrieve, point, flush, or track game.

(4) Rules. The department may promulgate rules to establish additional standards, limitations, and requirements for licenses issued under this section. The rules may include standards that provide adequate protection for the wild animals that are authorized under a dog training license. The department shall issue a license to an applicant based on the rules in effect under this subsection on the date of the application and may not delay the issuance of a license pending promulgation of additional, modified, or new rules.

(5) Restrictions.

(a) No person may sell wild animals under a license issued under this section, but a person holding a bird dog training license who has been contracted to train a dog may charge for the wild birds used in the training.

(b) A license under this section does not authorize organized competitive field events.

<<For credits, see Historical Note field.>>

HISTORICAL AND STATUTORY NOTES

1998 Main Volume

Source:

2001 Act 56, § 224, eff. Jan. 1, 2003.
2003 Act 239, §§ 1m to 4m, eff. April 28, 2004.

2009 Electronic Pocket Part Update
2009 Act 39, §§ 22, 23, eff. Sept. 1, 2009.

Former Sections:
St.1967, § 169.20 was renumbered 444.15 and amended by L.1969, c. 336, § 147, eff. Jan. 29, 1970

 

169.21. Dog trial licenses

(1) Bird dog trial license.

(a) The department shall issue a bird dog trial license to any person who files a proper application and who pays the applicable fee.

(b) A bird dog trial license authorizes the holder of the license to purchase, possess, release into the wild, and hunt any live captive wild bird for any organized competitive field event that involves sporting dog breeds and that is sanctioned, licensed, or recognized by a local, state, regional, or national dog organization.

(2) Hound dog trial license.

(a) The department shall issue a hound dog trial license to any person who files a proper application and who pays the applicable fee.

(b) A hound dog trial license authorizes the holder of the license to purchase, possess, release into the wild, and hunt live captive raccoon, live captive rabbit, live captive fox, live captive coyote, live captive bobcat, and live captive bear of the species Ursus americanus for any organized competitive field event that involves sporting dog breeds and that is sanctioned, licensed, or recognized by a local, state, regional, or national dog organization.

(3) Rules. The department may promulgate rules to establish additional standards, limitations, and requirements for licenses issued under this section. The rules may include standards that provide adequate protection for the wild animals that are authorized under a dog trial license. The department shall issue a license to an applicant based on the rules in effect under this subsection on the date of the application and may not delay the issuance of a license pending promulgation of additional, modified, or new rules.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
2001 Act 56, § 224, eff. Jan. 1, 2003.
2003 Act 239, §§ 5, 6m, eff. April 28, 2004.
Former Sections:
St.1967, § 169.21 was renumbered 444.16 by L.1969, c. 336, § 148, eff. Jan. 29, 1970

 

169.31. License and tag fees

(1) Fees. The following fees shall be paid to the department for the issuance or renewal of licenses:

(a) Captive wild animal farm licenses.

1. The fee for an initial Class A captive wild animal farm license is $200 and the fee for an initial Class B captive wild animal farm license is $50, except as provided in sub. (1m). The department shall waive the fee for an initial license under this subdivision for an individual who is under 14 years of age if the individual is a member of a 4-H club or a sporting club.

2. The fee for a renewal of a Class A captive wild animal farm license is $100, and the fee for a renewal of a Class B captive wild animal farm license is $25.

(d) Wild fur farm license. The fee for a wild fur farm license is $50, except as provided in sub. (1m).

(e) Bird hunting preserve licenses.

1. The fee for an initial Class A bird hunting preserve license is $300, and the fee for an initial Class B bird hunting preserve license is $200, except as provided in sub. (1m).

2. The fee for a renewal of a Class A bird hunting preserve license is $200, and the fee for a renewal of a Class B bird hunting preserve license is $100.

(f) Dog training licenses.

1. The fee for a bird dog training license is $25.

2. The fee for a hound dog training license is $25.

3. The fee for a dog club training license is $100.

(g) Dog trial licenses.

1. The fee for a bird dog trial license is $25.

2. The fee for a hound dog trial license is $25.

(i) Stocking license. The fee for a stocking license is $25.

(j) Rehabilitation license. There is no fee for a rehabilitation license.

(k) Scientific research license. The fee for a scientific research license is $25.

(L) Nonprofit educational exhibiting license. The fee for a nonprofit educational exhibiting license is $25.

(m) Nonresident temporary exhibiting license. The fee for a nonresident temporary exhibiting license is $50.

(o) Validation license. There is no fee for an initial or subsequent validation license.

(1m) Fee waiver for veterans. An individual who is eligible under the veterans fee waiver program for a fee waiver is not required to pay a fee for a captive wild animal farm license, a wild fur farm license, or a bird hunting preserve license.

(2) Late fee. The late fee for the renewal of any license issued under this chapter that is filed after the expiration date of the license is $20.

(3) Applicability of license; cumulative fees.

(a) Except as provided in par. (b) or (bn), a license issued under this section authorizes the applicable activity on only one block of contiguous land.

(b) The department shall continue to issue one license under this chapter to a business or other operation that was licensed for certain activities as one legal entity with one set of records under one license under s. 29.865, 1999 stats., s. 29.867, 1999 stats., or s. 29.869, 1999 stats., if the activities for which the license was issued were conducted on noncontiguous land and there is one license that authorizes all of those activities. The department shall continue to issue the one license until the person holding that one license ceases to be issued a license for the activities or until the person holding the one license issued ceases to have a controlling interest in that business or operation.

(bn) Upon request of an applicant for a Class A bird hunting preserve license, the department shall issue a single license for a Class A bird hunting preserve that is not in one block of contiguous land if each parcel of the land is at least 80 acres in size and if all of the parcels are located in the same county or if each of the outlying parcels is either in the same county as the parcel on which the hunting preserve bases its operations or in a county that is adjacent to that county.

(c) A person applying for 2 or more licenses under this section that are necessary to engage in a single business or other operation shall pay a total fee that equals the fee for the required license with the highest fee that is required, plus 50% of the fee for each additional required license.

(4) Tags. Any tags required by this chapter or rules promulgated under this chapter shall be provided by the department for a fee that is equal to the cost to the department.

<<For credits, see Historical Note field.>>

HISTORICAL AND STATUTORY NOTES

Source:

2001 Act 56, § 224, eff. Jan. 1, 2003.

2011 Act 209, §§ 46 to 49, eff. July 1, 2012.

 

169.32. Licenses; effective periods

(1) Captive wild animal farm license. A captive wild animal farm license is valid from the date of issuance until the following December 31.

(4) Wild fur farm license. A wild fur farm license is valid from the date of issuance until the 3rd December 31 following the date of issuance.

(5) Bird hunting preserve license. A bird hunting preserve license is valid from the date of issuance until the following May 30.

(6) Dog training licenses.

(a) A bird dog training license is valid from the date of issuance until the 3rd December 31 following the date of issuance.

(b) A hound dog training license is valid from the date of issuance until the 3rd December 31 following the date of issuance.

(c) A dog club training license is valid from the date of issuance until the 3rd December 31 following the date of issuance.

(7) Dog trial licenses.

(a) A bird dog trial license is valid from the date of issuance until the following December 31.

(b) A hound dog trial license is valid from the date of issuance until the following December 31.

(9) Stocking license. A stocking license is valid for the period specified on the license, which may not exceed 30 days.

(10) Rehabilitation license. A rehabilitation license is valid for 3 consecutive years from the date of issuance.

(11) Scientific research license. A scientific research license is valid from the date of issuance until the following December 31.

(12) Nonprofit educational exhibiting license. A nonprofit educational exhibiting license is valid from the date of issuance until the following December 31.

(13) Nonresident temporary exhibiting license.

(a) Except as provided in par. (b), a nonresident temporary exhibiting license is valid for the period specified on the license, which may not exceed 30 days.

(b) Upon application, the department may grant extensions of the nonresident temporary exhibiting license beyond 30 days.

(15) Validation licenses. An initial or subsequent validation license is valid from the date of issuance until the 5th December 31 after the date of issuance and may be renewed for 5-year periods thereafter.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
2001 Act 56, § 224, eff. Jan. 1, 2003.

 

169.33. Licenses; applications; renewals; terminations

(1) Application. The application for a license under this chapter shall be on a form provided by the department or in a format approved by the department, and shall request the information required by the department. The department may not issue a license unless the applicant provides the information required.

(2) Eligibility requirements for minors.

(a) Each applicant for a license under this chapter who is less than 18 years of age shall have the application signed by a parent or guardian.

(b) Except as provided in pars. (c) and (d), an individual who applies for a license under this chapter shall be at least 14 years of age.

(c) An individual who applies for a captive wild animal farm license may be less than 14 years of age if the individual is a member of a 4-H club or a sporting club.

(d) An individual who applies for a bird dog training license or a hound dog training license shall be at least 10 years of age. If the applicant is under 12 years of age, the applicant is subject to the restrictions specified under s. 29.592.

(3) Renewals.

(a) Except as provided in par. (b), a person applying to renew a license issued under this chapter shall file an application with the department on or before the expiration date of the license.

(b) A person may apply for a renewal of a license issued under this chapter not more than 45 days after the license's expiration date if the application is accompanied by the late fee specified under s. 169.31(2), in addition to any regular renewal fee.

(4) Incorrect information. No person may provide information that the person knows to be incorrect in order to obtain a license issued under this chapter to which the person is not entitled.

(4m) Incorrect records or reports. No person may fail to keep records or submit reports as required under this chapter.

(5) Expiration of license. A person holding a license issued under this section that expires or is revoked or suspended shall remove or cause to be removed from the land subject to the license any signs indicating that the land was so licensed within 45 days after the expiration, revocation, or suspension.

(6) Compliance. No person may violate any condition or limitation imposed by the department on a license issued under this chapter.

<<For credits, see Historical Note field.>>

HISTORICAL AND STATUTORY NOTES

1998 Main Volume

Source:

2001 Act 56, § 224, eff. Jan. 1, 2003.
2009 Act 39, § 24, eff. Sept. 1, 2009.

 

169.36. Record-keeping and reporting requirements

(1) Captive wild animal farm licenses, bird hunting preserve licenses, and nonprofit educational exhibiting licenses.

(a) Records; generally. Each person holding a captive wild animal farm license, a bird hunting preserve license, or a nonprofit educational exhibiting license shall keep a correct and complete record of all of the following information:

1. For each transaction in which live wild animals are purchased, sold, acquired, or transferred:

a. The complete name and address and the number of any license issued under this chapter of the person from whom the wild animals were purchased or acquired or of the person to whom the wild animals were sold or transferred.

b. The date of the transaction and the number and species of the wild animals.

2. All wild animals belonging to the holder of the license that have died, have been killed, or have escaped.

(b) Records; additional requirements; exemptions.

1. A person holding a bird hunting preserve license is exempt from keeping the records required under par. (a)1. a. for those wild birds that are killed on the land subject to the license.

2. For the taking of wild reptiles or wild amphibians from the wild, a person required to hold a license for such taking under this chapter shall include in the person's records the date of the taking and the location of the taking.

(2) Wild fur farm licenses. Each person holding a wild fur farm license shall keep a correct and complete record of the complete name and address and the number of any license issued under this chapter of each person to whom the license holder sells a live fur-bearing wild animal.

(3) Rehabilitation licenses. Each person holding a rehabilitation license shall keep a correct and complete record of all of the following information for each wild animal:

(a) The date that the wild animal in need of rehabilitation is received and the species of the wild animal.

(b) The condition of the wild animal that requires rehabilitation.

(c) The disposition of the wild animal, including the date and location of its release into the wild or its transfer to the department.

(d) The cause of death, if known, for a wild animal that dies.

(e) Health records as required by the department.

(4) Dog training and trial licenses. Each person holding a bird dog training license, a hound dog training license, a dog club training license, a bird dog trial license, or a hound dog trial license shall keep a receipt of the purchase of each wild animal purchased under the authority of the license and a correct and complete record of any testing for disease on these wild animals that is required under rules promulgated under s. 169.06(3m).

(5) Scientific research licenses. Each person holding a scientific research license shall keep a correct and complete record of all of the following information for each wild animal:

(a) The disposition of the wild animal, including the date and location of its release into the wild or its transfer to the department.

(b) The cause of death, if known, for a wild animal that dies.

(7) Additional information. The department may impose additional record-keeping requirements on any holders of licenses under this chapter.

(8) Zoos. If a zoo or aquarium is not an accredited member of the American Zoo and Aquarium Association, the governing body of the zoo or aquarium shall keep correct and complete records of all transactions involving the movement of wild animals that are native wild animals, nonnative wild animals of the family cervidae, harmful wild animals, or endangered or threatened species. The department shall determine the information to be kept in these records.

(9) Records; timing.

(a) A person holding a license subject to this section shall record all of the information required under this section within 7 days after the occurrence of the transaction or activity. A person holding a license subject to this section shall keep these records for 3 years after the last day of the year in which the record was entered.

(b) In addition to the requirements under par. (a), the person holding a license subject to this section shall provide a copy of the record required under this section to the department on a quarterly basis, as determined by the department, if the transaction or activity involved any live wild animal of the family canidae, ursidae, mustelidae, or felidae, or any harmful wild animal.

(d) The department may require, by rule, that submission of the records required under this section to the department be a condition for renewal of any license subject to this section.

(10) Reports.

(a) Each person holding a license subject to this section shall submit an annual summary report for each license year to the department that contains all of the following information for each species of wild animal possessed by the person holding the license:

1. The number of wild animals that the person holding the license possesses on the date of the report.

2. The number of wild animals that the person holding the license has purchased or otherwise acquired during the reporting year.

3. The number of wild animals that the person holding the license has sold, released into the wild, or otherwise transferred during the reporting year.

4. The number of wild animals that have been killed or have escaped or died during the reporting year.

(b) The person holding the license shall submit the annual report under par. (a) within 30 days after the last day of the license year that the report covers.

(10m) Prior records. A person required to keep records or reports under s. 29.853(3)(b), 1999 stats., 29.855(3)(c), 1999 stats., s. 29.865(4)(b), 1999 stats., 29.867(8), 1999 stats., s. 29.869(9), 1999 stats., s. 29.871, 1999 stats., or s. 29.877(6), 1999 stats., shall maintain copies of the records and reports that are in existence on January 1, 2003, for a period of 3 years beginning on January 1, 2003.

(11) Requirements as to form. The records and reports required under this section shall be in the English language and shall be on forms provided by the department or in a format approved by the department.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
2001 Act 56, § 224, eff. Jan. 1, 2003.

 

Police Regulations.  Chapter 173. Animals; Humane Officers.

173.01. Definitions

In this chapter:

(1) "Department" means the department of agriculture, trade and consumer protection.

(2) "Law enforcement officer" has the meaning given in s. 165.85 (2)(c).

(3) "Political subdivision" means a city, village, town or county.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.

 

173.02. Renumbered 172.52 by 1995 Act 192, § 12, eff. Dec. 1, 1999

 

173.03. Appointment of humane officer

(1) Appointment. The governing body of any political subdivision may appoint one or more humane officers. The governing body of a political subdivision shall report all appointments and terminations of appointments of humane officers to the department.

(2) Ordinance. Before, or at the time of, appointing a humane officer under sub. (1), the governing body making the appointment shall enact an ordinance that designates one or more officials of the political subdivision who may modify or withdraw abatement orders issued under s. 173.11 by humane officers appointed by the political subdivision.

(3) Jurisdiction. A humane officer appointed by a city, village or town shall carry out his or her duties within the boundaries of the city, village or town. A humane officer appointed by a county shall carry out his or her duties throughout the county, other than within the boundaries of a city or village whose governing body adopts a resolution withdrawing from county enforcement of humane laws and transmits a copy of the resolution to the county.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.

 

173.04. Renumbered 172.54 by 1995 Act 192, § 12, eff. Dec. 1, 1999

 

173.05. Certification required

(1)

(a) Any person appointed as a humane officer under s. 173.03 on or after December 1, 1999, shall, before appointment or by the applicable deadline established under s. 173.27(1)(b), complete a course of training approved by the department, except as provided in par. (b) or (c), and receive certification under s. 173.27(3).

(b) A person to whom par. (a) applies who is a veterinarian licensed under ch. 453 is not required to complete a course of training approved by the department if he or she takes an examination given by the department and passes the examination on the first attempt.

(c) A person to whom par. (a) applies who is certified or otherwise approved as a humane officer by another state is not required to complete a course of training approved by the department if he or she takes an examination given by the department and passes the examination on the first attempt.

(2)

(a) A person appointed as a humane officer before December 1, 1999, shall complete a course of training approved by the department, except as provided in par. (b), and shall receive certification under s. 173.27(3) by the applicable deadline established under s. 173.27(1)(b).

(b) A person to whom par. (a) applies is not required to complete a course of training approved by the department if he or she takes an examination given by the department and passes the examination on the first attempt.

(3) The governing body of a political subdivision that appoints a humane officer who fails to obtain certification within the required time shall terminate the appointment.

HISTORICAL AND STATUTORY NOTES

1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.

 

173.06. Renumbered 172.56 by 1995 Act 192, § 12, eff. Dec. 1, 1999

 

173.07. Powers and duties of humane officers

(1) Enforcement. A humane officer shall enforce s. 95.21, this chapter, chs. 174 and 951 and ordinances relating to animals enacted by political subdivisions in which the humane officer has jurisdiction under s. 173.03 (3).

(2) Investigation. A humane officer shall investigate alleged violations of statutes and ordinances relating to animals and, in the course of the investigations, may execute inspection warrants under s. 66.0119.

(3) Seek subpoenas. A humane officer may request the district attorney for the county to obtain subpoenas to compel testimony and obtain documents in aid of investigations.

(4) Issue citations. If authorized by the appointing political subdivision, a humane officer shall issue citations under s. 66. 0113 for violations of ordinances relating to animals.

(4m) Request prosecutions. A humane officer may request law enforcement officers and district attorneys to enforce and prosecute violations of state law and may cooperate in those prosecutions.

(5) Prohibited actions. Unless also a law enforcement officer, a humane officer may not in the course of his or her duties do any of the following:

(a) Execute a search warrant.

(b) Carry firearms.

(c) Stop or arrest persons.

(d) Stop, search, or detain vehicles, except under an inspection warrant under s. 66.0119.

(e) Enter any place or vehicle by force or without the consent of the owner, except in an emergency occasioned by fire or other circumstance in which that entry is reasonable and is necessary to save an animal from imminent death or a person from imminent death or injury.

(f) Remove any animal from the custody of another person by force.

(6) Conflict of interest prohibited. No humane officer may sell or otherwise dispose of any animal that came into the humane officer's custody in the course of his or her duties.

HISTORICAL AND STATUTORY NOTES

1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.
2001 Act 30, §§ 72 to 74, eff. Dec. 14, 2001.

 

173.09. Investigations

In the course of investigation of suspected violations of statutes or ordinances, a humane officer may enter any building, vehicle, or place where animals may be present for the purpose of inspection, examination of animals, or the gathering of evidence. If the building, vehicle, or place to be entered is not public, and consent of the owner or person in charge is not obtained, entry shall be under authority of a special inspection warrant issued under s. 66.0119 or a search warrant.

HISTORICAL AND STATUTORY NOTES

1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.
2001 Act 30, § 75, eff. Dec. 14, 2001.

 

173.10. Investigation of cruelty complaints

A person may apply for a search warrant under s. 968.12 if there is reason to believe that a violation of ch. 951 has taken place or is taking place. If the court is satisfied that probable cause exists, it shall issue a search warrant directing a law enforcement officer in the county to proceed immediately to the location of the alleged violation with a doctor of veterinary medicine, if the court determines that a veterinarian is necessary for purposes of the search, and directing the law enforcement officer to search the place designated in the warrant, retaining in his or her custody subject to the order of the court such property or things as are specified in the warrant, including any animal. If the person applying for the search warrant is a humane officer, the warrant shall direct that the humane officer accompany the law enforcement officer who is directed to perform the search. The warrant shall be executed and returned to the court which issued the warrant in accordance with ss. 968.15 and 968.17. This section does not affect other powers and duties of law enforcement officers.

HISTORICAL AND STATUTORY NOTES

1998 Main Volume

Source:
L.1973, c. 314, § 6, eff. June 29, 1974.
L.1977, c. 449, § 477, eff. Aug. 1, 1978.
St.1985, § 948.16.
1987 Act 332, § 54, eff. July 1, 1989.
1995 Act 90, § 1, eff. Dec. 16, 1995.
St.1995, § 951.16.
1997 Act 192, § 26, eff. Dec. 1, 1999.

 

173.11. Abatement of violations

(1) Issuance of order. If a humane officer or law enforcement officer after investigation has reasonable grounds to believe that a violation of a statute or ordinance is occurring and the violation is causing or has the potential to cause injury to an animal, the humane officer or law enforcement officer may issue and serve an order of abatement directed to named persons. An official designated in an ordinance under s. 173.03 (2) may not participate in the decision to issue the order or in any activity leading to that decision.

(1m) Content of order. An abatement order issued under sub. (1) shall contain all of the following:

(a) The name and address of the person to whom directed.

(b) The statute or ordinance alleged to be violated.

(c) A prohibition on further violations.

(d) A description of measures necessary to correct the alleged violation.

(e) A description of the hearing and appeal provisions under subs. (2) and (4).

(2) Hearing. Any person named in an abatement order issued under sub. (1) may, within the 10-day period following service of the order, request a hearing before an official designated in an ordinance under s. 173.03 (2). The hearing shall be held within 10 days after the request is made, unless the requester agrees to a later date. The hearing shall be informal in nature.

(3) Decision. Within 10 days after a hearing under sub. (2), the official who conducts the hearing shall affirm the order, modify and affirm the order or withdraw the order.

(4) Appeal. Any person adversely affected by a decision under sub. (3) may seek judicial review by commencing an action in circuit court within 30 days after the day that the decision is issued.

HISTORICAL AND STATUTORY NOTES

1998 Main Volume

Source:

1997 Act 192, § 13, eff. Dec. 1, 1999.

 

173.12. Animal fighting; seizure

(1) Any veterinarian who has reason to believe that an animal has been in a fight in violation of s. 951.08 shall report the matter to the local humane officer or to a local law enforcement agency. The report shall be in writing and shall include a description and the location of the animal, any injuries suffered by the animal and the name and address of the owner or person in charge of the animal, if known.

(1m) If an animal has been seized because it is alleged that the animal has been used in or constitutes evidence of any crime specified in s. 951.08, the animal may not be returned to the owner by an officer under s. 968.20 (2). In any hearing under s. 968.20 (1), the court shall determine if the animal is needed as evidence or there is reason to believe that the animal has participated in or been trained for fighting. If the court makes such a finding, the animal shall be retained in custody .

(2) If the charges under s. 951.08 are dismissed or if the owner is found not guilty of a crime specified in s. 951.08, the animal shall be returned to the owner unless he or she is subject to the restrictions under s. 951.08(2m).

(3)

(a) If the owner is convicted under s. 951.08 or is subject to the restrictions under s. 951.08 (2m), the animal shall be delivered to the local humane officer or county or municipal pound. If there is no local humane officer or pound, the animal may be delivered to a local humane society or to another person designated by the court. If the animal is one year old or older or shows indication of having participated in fighting, the animal shall be disposed of in a proper and humane manner.

(b) If the animal is less than one year old and shows no indication of having participated in fighting, the animal shall be released to a person other than the owner or disposed of in a proper and humane manner. If the animal is a dog, the release or disposal shall be in accordance with s. 173.23 (1m), except that the fees under s. 173.23 (1m)(a)4. are covered under s. 173.24.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
L.1981, c. 160, §§ 3, 4, eff. April 9, 1982.
1983 Act 95, § 3, eff. Dec. 4, 1983.
St.1985, §§ 948.162, 948.165.
1987 Act 248, §§ 1r, 2, eff. April 21, 1988.
1987 Act 332, §§ 54, 64(1), eff. July 1, 1989.
St.1995, §§ 951.162, 951.165.
1997 Act 192, §§ 28, 29, eff. Dec. 1, 1999.

 

173.13. Taking custody of animals

(1) Intake.

(a) A humane officer, on behalf of a political subdivision in which the humane officer has jurisdiction under s. 173.03(3), or a law enforcement officer, on behalf of a political subdivision, may take custody of an animal if the humane officer or law enforcement officer has reasonable grounds to believe that the animal is one of the following:

1. An abandoned or stray animal.

2. An unwanted animal delivered to the humane officer or law enforcement officer.

3. A dog not tagged as required by ch. 174.

4. An animal not licensed in compliance with any ordinance.

5. An animal not confined as required by a quarantine order under any statute, rule or ordinance relating to the control of any animal disease.

6. An animal that has caused damage to persons or property.

7. A participant in an animal fight intentionally instigated by any person.

8. An animal mistreated in violation of ch. 951.

9. An animal delivered by a veterinarian under sub. (2).

(b) A humane officer shall accept into custody any animal delivered by a law enforcement officer or delivered under a court order.

(c) A person other than a humane officer or a law enforcement officer may not take an animal into custody on behalf of a political subdivision unless the animal is an abandoned or stray animal. If a person other than a humane officer or a law enforcement officer takes custody of an abandoned or stray animal on behalf of a political subdivision, he or she shall deliver the animal to a person contracting under s. 173.15 (1), to a humane officer or law enforcement officer for disposition under s. 173.23 or to a pound.

(2) Delivery of animal by veterinarian.

(a) A humane officer or law enforcement officer or a person contracting under s. 173.15 (1) may accept an animal delivered by a veterinarian, or his or her employee, if the animal has not been picked up by its owner and all of the following apply:

1. The veterinarian notified the owner of the animal by certified mail, return receipt requested, that the animal was ready to be picked up and that the animal would be delivered to a humane officer if not picked up within 7 days.

2. The veterinarian retained the animal for 7 days after the day on which the return receipt was signed or until the letter was returned to the veterinarian as undeliverable.

3. The veterinarian certifies in writing to the humane officer or law enforcement officer that subds. 1. and 2 apply.

(b) If an animal is accepted under par. (a), the veterinarian shall provide the person accepting the animal with any requested records concerning the animal's ownership, health or licensure.

(3) Notification of owner.

(a) If a humane officer or law enforcement officer takes custody of an animal with the knowledge of the owner, the humane officer or law enforcement officer shall explain the procedure by which the owner can recover the animal, including the procedure under s. 173.22, and the procedure to be followed if the animal is not returned to the owner.

(b) If a humane officer or law enforcement officer takes custody of an animal without the knowledge of the owner, the humane officer or law enforcement officer shall promptly notify the owner in writing if he or she can be identified and located with reasonable effort. The notice shall explain the procedure by which the owner can recover the animal, including the procedure under s. 173.22, and the procedure to be followed if the animal is not returned to the owner. The notice shall also inform the owner that the owner must notify any person with a lien on the animal that the animal has been taken into custody.

(c) If the owner informs the humane officer or law enforcement officer in writing that he or she will not claim the animal, it may be treated as an unclaimed animal under s. 173.23 (1m).

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.
1999 Act 32, § 211, eff. April 19, 2000.
1999 Act 185, § 193(1), eff. Sept. 1, 2000.
1999 Act 185, § 193 provides:
 

173.15. Provision of care, treatment or disposal services

(1) Providing services. A political subdivision may provide for the care, treatment or disposal of animals taken into custody by a humane officer or law enforcement officer. A political subdivision may provide these services directly or by contracting with any other person. A political subdivision may establish standard fees for the care, custody and treatment of animals in its custody. The political subdivision may establish different fees for animals released to their owners and animals released to persons other than their owners. If the political subdivision does not establish standard fees, it may charge no more than the actual costs of care, custody or treatment to any person required to pay for the care, custody or treatment of an animal.

(2) Contract for services Every person entering into a contract with a political subdivision under sub. (1) shall agree to do all of the following:

(a) Provide adequate care and treatment of all animals delivered under the contract.

(b) Maintain adequate records consistent with s. 173.17.

(c) Release or dispose of animals under s. 173.23 or as provided in a court order.

HISTORICAL AND STATUTORY NOTES

1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.

 

173.17. Records

A humane officer or law enforcement officer taking custody of an animal on behalf of a political subdivision shall maintain, or require any person to whom the animal is delivered under a contract under s. 173.15 (1) to maintain, as appropriate, records for each animal containing the following information:

(1) A physical description of the animal.

(2) The date that custody was taken of the animal, the date that the animal was delivered into the possession of another person and the identity of the person to whom delivered.

(3) The reason for taking custody of the animal.

(4) The ultimate disposition of the animal, including the name and address of any person into whose custody the animal was ultimately released.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.

 

173.19. Animals considered unclaimed

A political subdivision or person contracting under s. 173.15 (1) may treat any animal taken into custody under s. 173.13 (1)(a)1., 3., 4. or 9. as an unclaimed animal subject to s. 173.23 (1m) if, within 7 days after custody is taken of the animal, it is not claimed by and returned to its owner under s. 173.23 (1), except that an animal taken into custody under s. 173.13 (1)(a)3. or 4. may not be treated as unclaimed if its owner files a petition under s. 173.22 (1) within 7 days after custody is taken.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.

 

173.21. Holding animals for cause

(1) Grounds. A political subdivision may withhold, or direct a person contracting under s. 173.15 (1) to withhold, an animal in custody from an owner who makes an otherwise adequate claim for the animal under s. 173.23 (1) on any of the following grounds:

(a) There are reasonable grounds to believe that the owner has mistreated the animal in violation of ch. 951.

(b) There are reasonable grounds to believe that the animal poses a significant threat to public health, safety or welfare.

(c) The animal may be used as evidence in a pending prosecution.

(d) A court has ordered the animal withheld for any reason.

(2) Examination permitted. If an animal is withheld under sub. (1), upon request by the owner, a veterinarian retained by the owner may examine the animal.

(3) Costs. The owner of an animal withheld under sub. (1) is not liable for any costs of custody, care or treatment except as provided by court order.

(4) Return. A political subdivision or person contracting under s. 173.15 (1) having custody of an animal withheld under sub. (1) shall release the animal to the owner at the direction of the humane officer or law enforcement officer that took custody of the animal if the requirements of s. 173.23 (1)(a) to (c) are satisfied.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.

 

173.22. Review of seizure or withholding

(1) Petition. A person claiming that an animal that he or she owns was improperly taken into custody under s. 173.13 (1)(a)3., 4., 5., 6. or 8. or is wrongfully withheld under s. 173.21 (1) may seek return of the animal by petitioning for an order from the circuit court for the county in which the animal was taken into custody or in which it is held.

(2) Notice and hearing. The court shall provide notice of a petition under sub. (1) to the humane officer or law enforcement officer who took the animal into custody or to the political subdivision that withheld the animal and shall hold a hearing on the issue of whether the animal was improperly taken into custody or is wrongfully withheld.

(3) Order.

(a) If the animal was taken into custody under s. 173.13 (1)(a) 8. or is withheld under s. 173.21 (1), the court shall order the animal returned to the owner unless it determines that one of the following conditions is satisfied:

1. There are reasonable grounds to believe that the owner has mistreated the animal in violation of ch. 951.

2. There are reasonable grounds to believe that the animal poses a significant threat to public health, safety or welfare.

3. The animal may be used as evidence in a pending prosecution.

4. A court has ordered the animal withheld for any reason.

(b) If the animal was taken into custody under s. 173.13 (1)(a)3., the court shall order the animal returned to its owner if the court determines that the animal was tagged or was not required to be tagged under ch. 174.

(c) If the animal was taken into custody under s. 173.13 (1)(a)4., the court shall order the animal returned to its owner if the court determines that the animal was licensed or was not required to be licensed.

(d) If the animal was taken into custody under s. 173.13 (1)(a)5., the court shall order the animal returned to its owner if the court determines that the animal was not subject to a quarantine order or was confined as required by a quarantine order.

(e) If the animal was taken into custody under s. 173.13 (1)(a)6., the court shall order the animal returned to its owner if the court determines that the animal did not cause damage to persons or property.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.

 

173.23. Disposition of animals

(1) Claim and return. Except as provided in sub. (4) or s. 173.21 (1), a political subdivision or person contracting under s. 173.15 (1) shall return an animal described in s. 173.13 (1)(a)1., 3., 4., 6., 8. or 9. to its owner upon the happening of all of the following:

(a) The owner claims the animal and provides reasonable evidence of ownership.

(b) If licensure is required by statute or ordinance, the animal is licensed or assurance of licensure by prepayment is given.

(c) If vaccination is required by statute or ordinance, the animal is vaccinated or assurance of vaccination by prepayment is given.

(d) All charges for custody, care, vaccination and treatment are paid.

(1m) Unclaimed animals. A political subdivision or a person contracting under s. 173.15 (1) that has custody of an animal considered unclaimed under sub. (5)(c) or (6) or s. 173.13 (3)(c) or 173.19 or an unwanted animal may do any of the following:

(a) Release the animal to any person other than the owner if all of the following apply:

1. The person provides his or her name and address.

2. If licensure is required by statute or ordinance, the animal is licensed or assurance of licensure is given by evidence of prepayment.

3. If vaccination is required by statute or ordinance, the animal is vaccinated or assurance of vaccination is given by evidence of prepayment.

4. Any charges imposed by the political subdivision or person contracting under s. 173.15 (1) for custody, care, vaccination and treatment are paid or waived.

(b) If the animal is not a dog or cat, sell the animal at public auction, including sale at a licensed animal market.

(c) Euthanize the animal.

(d) If the animal is a stray or abandoned dog, release the dog under s. 174.13.

(1s) Proceeds of sale. If the owner of an animal sold under sub. (1m)(b) files a claim and provides proof of ownership within 30 days after the sale, the sale proceeds, less the cost of custody, care, treatment and sale, shall be returned to the owner.

(2) Animals not returned to owner. If an animal in the custody of a political subdivision, other than an animal to which sub. (1m) applies, is not returned to the owner under sub. (1) or (5)(b) or s. 173.12 (2), 173.21 (4) or 173.22 or disposed of under sub. (4) or (5)(a) or s. 173.12 (3), it shall be disposed of under a court order under sub. (3) or s. 951.18 (4).

(3) Court order.

(a) A political subdivision may petition the circuit court for an order doing any of the following with respect to an animal taken into custody by a law enforcement officer or a humane officer or withheld under s. 173.21 (1):

1. Providing for payment for the custody, care or treatment of the animal.

2. Requiring the owner of the animal to post bond for the costs of custody, care or treatment of the animal pending the outcome of any other proceeding.

3. Authorizing the sale, destruction or other disposal of the animal.

(b) The petition shall set forth the basis for the petitioned-for relief.

(c) The political subdivision shall serve a copy of the petition, in the manner provided in s. 801.11, upon the owner of the animal, if known.

(d) The court shall conduct a hearing on the petition. The petitioner and any person upon whom a copy of the petition was served may appear as a party.

(e) The court shall issue its order after hearing and may grant, modify and grant or deny the petitioned-for relief, after considering the interests of the animal, the owner of the animal, the political subdivision and the public.

(4) Injured or dangerous animals. A political subdivision or person contracting under s. 173.15(1) who has custody of an animal may have the animal euthanized if there are reasonable grounds to believe that any of the following applies:

(a) The animal is hopelessly injured beyond any reasonable chance of recovery.

(b) The animal poses an imminent threat to public health or safety.

(c) The animal poses an imminent threat to the health or safety of itself or its custodian.

(5) Animal not confined as required by quarantine order.

(a) A political subdivision or person contracting under s. 173.15 (1) that has custody of an animal that was not confined as required by a quarantine order issued under any statute, rule or ordinance relating to the control of any animal disease shall confine the animal for the duration of the quarantine or shall euthanize the animal with the written permission of the owner or, if the animal is determined to be diseased, at the direction of the person issuing the quarantine order.

(b) Unless the person issuing the quarantine order directs that the animal be euthanized because it is diseased, at the end of the quarantine period the political subdivision or person contracting under s. 173.15 (1) shall return the animal to its owner if the owner complies with sub. (1)(a) to (d) no later than the 7th day after the day on which the political subdivision or person contracting under s. 173.15 (1) demands that the owner claim the animal and pay for its custody, care and treatment.

(c) If an owner does not comply with sub. (1)(a) to (d) within the time provided in par. (b), the animal is considered an unclaimed animal under sub. (1m).

(d) Before euthanizing an animal that is in custody because it was not confined as required by a quarantine order, the person with custody of the animal shall notify the person who issued the order. If the person who issued the order determines that testing of specimens is necessary to determine the disease status of the animal, the person with custody shall collect the specimens.

(6) Noncompliance by owner. If an owner is ordered under sub. (3) to pay, or post bond for the payment of, costs of custody, care or treatment of an animal, and refuses to do so upon demand, the animal shall be treated as an unclaimed animal subject to sub. (1m).

<<For credits, see Historical Note field.>>

HISTORICAL AND STATUTORY NOTES
2007 Main Volume
Source:
2005 Act 253, § 82, eff. April 13, 2006.

 

173.24. Reimbursement for expenses

(1) A court shall assess the expenses under this section in any case in which there has been a search authorized under s. 173.10 or in which an animal has been seized because it is alleged that the animal has been used in or constitutes evidence of any crime under ch. 951.

(2) Expenses covered under this section include:

(a) Investigative expenses of any search under s. 173.10 or any seizure under this chapter.

(b) Any fees of a doctor of veterinary medicine.

(c) Expenses of taking any animal into custody under this chapter, including expenses reasonably incident to taking the animal into custody.

(d) Expenses of keeping or disposing of any animal taken into custody.

(3) If the person alleged to have violated ch. 951 is found guilty of the violation, the person shall be assessed the expenses under subs. (1) and (2). If the person is not found guilty, the county treasurer shall pay the expenses from the general fund of the county.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
L.1973, c. 314, § 6, eff. June 29, 1974.
1983 Act 95, § 4, eff. Dec. 4, 1983.
St.1985, § 948.17.
1987 Act 332, §§ 54, 64(1), eff. July 1, 1989.
St.1995, § 951.17.
1997 Act 192, § 30, eff. Dec. 1, 1999.

 

173.25. Immunity for euthanizing animals

A political subdivision, a person contracting under s. 173.15 (1), a humane officer or a law enforcement officer who has reasonable grounds to believe that s. 173.23 (1m)(c), (4) or (5) or a court order issued under s. 173.23 (3) authorize an animal to be euthanized is not liable for damages for the loss of the animal resulting from euthanizing the animal.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.

 

173.27. Duties of the department

The department shall do all of the following:

(1) Rules.

(a) Adopt, by rule, standards for the training and certification of humane officers to ensure that humane officers are at least minimally qualified to perform the duties of a humane officer. The standards shall provide for training offered by the department or by others.

(b) Adopt, by rule, deadlines by which humane officers must obtain certification.

(2) Training. Offer training courses for humane officers or approve training courses offered by others, or both. The department may charge a fee sufficient to recover the costs of training courses that it provides.

(3) Certification. Examine, as necessary, and certify humane officers as qualified. The department may charge a fee, established by rule, sufficient to recover the costs of certification.

(4) Registry of humane officers. Maintain and keep current a registry of all persons serving as humane officers for political subdivisions.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.

 

173.31. Renumbered 948.15 (title), (2) to (4) by L.1973, c. 314, § 1, eff. June 29, 1974

 

173.40. Repealed by 2003 Act 33, § 2120bb, eff. Feb. 1, 2004

 

173.41. Regulation of persons who sell dogs or operate animal shelters

(1) Definitions. In this section:

(a) “Animal control facility” means a facility for the care of animals operated under a contract with a political subdivision under s. 173.15(1).

(b) “Animal shelter” means a facility that is operated for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals, that is used to shelter at least 25 dogs in a year, and that is operated by a humane society, animal welfare society, animal rescue group, or other nonprofit group.

(c) “Dog breeder” means a person who sells 25 or more dogs in a year that the person has bred and raised, except that “dog breeder” does not include a person who sells 25 or more dogs in a year that the person has bred and raised if all of those dogs are from no more than 3 litters.

(d) “Dog breeding facility” means a place at which dogs are bred and raised and from which 25 or more dogs are sold in a year, except that “dog breeding facility” does not include a place at which dogs are bred and raised and from which 25 or more dogs are sold in a year if all of the dogs that are sold in a year are from no more than 3 litters.

(e) “Dog dealer” means a person, other than an out-of-state dog dealer, who sells, distributes, or trades, or offers for sale, distribution, or trade, 25 or more dogs in a year that the person has not bred and raised or who operates an auction at which 50 or more dogs are sold or offered for sale in a year.

(em) “Dog trial” means an organized competitive field event involving sporting dog breeds that is sanctioned, licensed, or recognized by a local, state, regional, or national dog organization.

(f) “Out-of-state dog dealer” means a person who is not a resident of this state who brings 25 or more dogs into this state for sale in this state in a year.

(g) “Temporary dog market” means a place at which persons sell dogs, and may sell other items, from booths or other spaces that are rented from or provided at no cost by the person operating the place, except that “temporary dog market” does not include a dog trial.

(h) “Transfer” means to grant physical possession to another.

(2) License Required.

(a) Except as provided in par. (e), (f), or (g), beginning on June 1, 2011, no person may do any of the following without an annual license from the department:

1. Operate an animal shelter.

2. Operate an animal control facility.

3. Operate as a dog breeder.

4. Operate a dog breeding facility.

5. Operate as a dog dealer.

6. Operate as an out-of-state dog dealer.

(b) A person operating as an out-of-state dog dealer shall obtain one license under this subsection. Any other person required to obtain a license under this subsection shall obtain one license for each premises at which the person operates an animal shelter, animal control facility, or dog breeding facility or operates as a dog breeder or dog dealer.

(c) A person shall apply for a license under par. (a) on a form provided by the department and shall provide information reasonably required by the department. An applicant shall submit the applicable fees required under sub. (3) with the application.

(d) The department shall grant or deny an application for an initial license within 30 days after the application is complete and the applicable fees have been submitted.

(e) A veterinarian licensed under ch. 453 practicing in the normal course of veterinary business within the scope of the license is not required to obtain a license under this subsection.

(f) An individual providing foster care to a dog in the individual's home at the request of a person operating an animal shelter that is licensed under this subsection is not required to obtain a license under this subsection.

(g) An individual is not required to obtain a license for the purpose of conducting a one-time kennel liquidation, if all of the following apply:

1. The individual sells no more than 30 dogs and makes all of the dogs initially available for sale at the same time.

2. The individual sells only dogs that he or she owns.

3. The individual does not intend to engage in activities for which a license is required under this subsection in the next year.

4. The individual was not licensed under this subsection during the previous year.

5. The individual notifies the department at least 30 days before offering the dogs for sale.

(h) A person licensed under par. (a)1. to 5. shall post a copy of the license in a location visible to any person coming onto the licensed premises.

(3) License Fees.

(a) Except as provided under par. (b) or (c), the annual fee for a license under sub. (2) is as follows:

1. For a person who sells or offers to sell at least 25 but fewer than 50 dogs per year, $250.

2. For a person who sells or offers to sell at least 50 but fewer than 100 dogs per year, $500.

3. For a person who sells or offers to sell at least 100 but fewer than 250 dogs per year, $750.

4. For a person who sells or offers to sell 250 or more dogs per year, $1,000.

5. For a person who operates an animal shelter or animal control facility, $125.

(b) Except as provided under par. (c), the annual license fee for an out-of-state dog dealer is 150 percent of the fee determined under par. (a), based on the number of dogs sold in this state.

(c) The department may promulgate rules specifying fees for licenses under sub. (2) that are higher than the fees in pars. (a) and (b) if necessary to cover the costs of administering this section.

(4) License denial or revocation.

(a) The department may deny, refuse to renew, or revoke any license under sub. (2) if the applicant or licensee is not fit, qualified, or equipped to conduct the activity for which the license is required, has violated or failed to obey any applicable law, order, or regulation, or has misrepresented or intentionally failed to disclose a material fact in applying for the license.

(b) The department may issue any license under sub. (2) conditioned upon relevant circumstances or acts. If a license is conditioned upon compliance within a specified period and the condition is not met within the specified period, the license is void.

(5) Summary license suspension.

(a) The department may, by written notice, without prior notice or hearing, suspend a license issued under sub. (2) if, upon inspection of the licensed premises, the department finds any condition that imminently threatens the health, safety, or welfare of any animal on the licensed premises or there is evidence that an act of animal cruelty in violation of ch. 951 has been committed by the licensee or has occurred on the licensed premises.

(b) In the notice under par. (a), the department shall state the reasons for the suspension and specify conditions that must be met for reinstatement.

(c) The department shall specify in the notice under par. (a) a date after which a reinspection of the licensed premises may take place. The department may conduct a reinspection without notice to the licensee. The department may reinstate a license following a summary suspension if the department finds, based upon reinspection or evidence presented by the licensee, that circumstances warrant reinstatement. The department may specify a reinstatement date that it considers appropriate.

(d) A licensee may request a hearing contesting a summary suspension under par. (a), by written appeal to the department, within 10 days of receiving the notice of summary suspension. The department shall describe the right of hearing in the notice to the licensee under par. (a). The department shall promptly initiate proceedings to hear the appeal.

(6) Inspections.

(a) The department shall inspect the premises at which a person who is required to obtain a license under sub. (2)(a)1. to 5. operates before issuing the initial license and at least once every 2 years after the year in which the person is first licensed. The department is not required to inspect the out-of-state premises at which an out-of-state dog dealer operates.

(b) The department may enter and inspect the premises for which a person is required to obtain a license under sub. (2) at any time during normal business hours to ensure compliance with this section.

(c) The department may charge a fee for an inspection that it undertakes to determine whether a previous violation of this section or rules promulgated under this section has been corrected.

(d) An inspection fee under par. (c) is due upon written demand from the department. Unless otherwise specified by the department by rule, the fee for an inspection under par. (c) is $150.

(7) Out-of-state dealers. The department may not issue a license under sub. (2) to a person who is an out-of-state dog dealer unless the person provides to the department a copy of any license required by the person's state of residence and any license required under federal law.

(8) Health requirements for selling dogs.

(a) No person who is required to be licensed under sub. (2) may sell a dog without providing all of the following to the purchaser:

1. A certificate of veterinary inspection from a licensed veterinarian stating that the veterinarian has examined the dog and found that it has no signs of infectious or contagious diseases as of the date of the examination.

2. A copy of all vaccination records for the dog showing the date the vaccine was administered and the name of the person who administered the vaccine.

(b) No person who is required to be licensed under sub. (2) may sell at auction a dog that is not spayed or neutered without providing written proof that the dog has tested negative for brucellosis using a test approved by the department that was conducted no more than 30 days before the day of sale.

(9) Age for transfer of puppy. A person required to be licensed under sub. (2) may not transfer a dog to a buyer until the dog is 7 weeks of age.

(10) Standards of care. A person who is required to be licensed under sub. (2) shall do all of the following with respect to each dog kept by the person:

(a) Provide sufficient food to maintain the dog in good health.

(b) Provide sufficient water to maintain the dog in good health. If fresh water is not available to the dog at all times, the person shall provide fresh water daily and in sufficient quantity for the health of the dog.

(c) Ensure that necessary and standard veterinary care is provided in a timely manner.

(d) Ensure that the dog is not kept in an enclosure unless all of the following apply:

1. The enclosure is of an appropriate size, as determined by the department, based on the size, age, and number of dogs kept in the enclosure and the length of time the dog is kept in the enclosure.

2. The enclosure is structurally sound and maintained in good repair to protect the dog from injury.

3. If wire flooring is used, it is coated, is of a sufficient gauge to ensure that it will not cause injury to the dog, and is used only in the manner specified by the department.

4. The enclosure is maintained in a clean and sanitary condition.

(e) Ensure that the dog is not kept in an enclosure for a period that the department determines to be excessive, considering the size of the enclosure and any other factors that the department considers relevant.

(f) Ensure that the dog is kept outdoors only if all of the following apply:

1. The dog is of a breed or type that is typically kept outdoors.

2. The dog is acclimated to the outdoors.

3. The person provides adequate shelter from the sun and inclement weather.

(g) Ensure that all facilities in which the person keeps the dog have adequate lighting and ventilation and that a proper temperature is maintained for the dog, considering its type or breed.

(h) Ensure that the dog is provided adequate daily access to exercise, as determined by the department.

(i) Ensure that the dog is observed every day by the caretaker of the premises at which the person operates or an individual under the direct supervision of the caretaker to monitor the health and temperament of the dog and to provide care to the dog as needed.

(10m) Vaccinations. A person who is required to be licensed under sub. (2) may have a dog kept by the person vaccinated by an individual who is not a veterinarian unless that is prohibited by law.

(11) Record keeping. A person who is required to be licensed under sub. (2) shall keep a record of each dog that comes into the person's possession that includes all of the following information:

(a) A description of the dog including the dog's breed or type, sex, date of birth or approximate age, color, and any distinctive markings.

(b) The dog's official federal department of agriculture tag number or tattoo or microchip information, if any.

(c) A statement that the dog was born in the person's possession or the name and address of the person from whom the dog was acquired and that person's federal department of agriculture license or registration number or, if the person is not licensed or registered by the federal department of agriculture, the person's state of residence.

(d) If the dog was not born in the person's possession, the date on which the person acquired the dog.

(e) The date and method of disposition of the dog.

(f) Any other information required by the department.

(12) Temporary dog markets.

(a) Operator responsibilities. A person who operates a temporary dog market shall do all of the following:

1. Register with the department.

2. Take reasonable steps to ensure that all persons selling or offering to sell dogs at the temporary dog market comply with par. (b).

3. Obtain, review, and keep, for at least 5 years, copies of the information provided under par. (b) and make the information available to the department for inspection and copying upon request.

4. If persons sell or offer to sell dogs at the temporary dog market for 2 or more consecutive days, employ or contract with a veterinarian licensed under ch. 453 to conduct an examination of the dogs offered for sale at the temporary dog market on each day on which dogs are offered for sale and to review the information provided under par. (b).

(b) Seller responsibilities. A person who sells or offers to sell a dog at a temporary dog market shall provide all of the following information to the operator of the temporary dog market:

1. The person's name and address.

2. If the person is required to be licensed under sub. (2), the person's license number.

3. A description of each dog sold or being offered for sale, including the dog's breed or type, sex, date of birth or approximate age, color, and any distinctive markings, and either a statement that the dog was born in the person's possession or the name and address of the person from whom the dog was acquired.

4. Documentation showing that the person complied with s. 95.21(2) and with any applicable rules of the department relating to bringing dogs into this state.

(c) Inspection. The department may inspect a temporary dog market and the information provided under par. (b) at any time during normal business hours.

(13) Reporting mistreatment of dogs. If the department has reasonable grounds to believe that a dog in the possession of a person required to be licensed under sub. (2) is being mistreated in violation of ch. 951, the department shall report the information that supports its belief to a humane officer or law enforcement agency with jurisdiction over the area in which the dog is located.

(14) Rules.

(a) The department, in consultation with the advisory committee established under par. (b), shall promulgate rules to implement and administer this section.

(b) Before the department promulgates rules under par. (a), it shall establish an advisory committee to assist in writing the rules that consists of at least one representative from each of the following groups but that does not consist of more than 12 members:

1. Persons selling dogs at retail.

2. Dog breeders that sell large dogs and that sell fewer than 50 dogs per year.

3. Dog breeders that sell small dogs and that sell fewer than 50 dogs per year.

4. Dog breeders that sell large dogs and that sell 50 or more dogs per year.

5. Dog breeders that sell small dogs and that sell 50 or more dogs per year.

6. Sporting associations whose primary activities involve dogs.

7. Humane societies providing shelter to fewer than 500 dogs per year.

8. Humane societies providing shelter to 500 or more dogs per year.

9. Veterinarians.

10. Animal control facilities.

11. Breed rescue groups.

(c) The department shall select any member of an advisory committee under par. (b) who represents veterinarians from nominations made by the Wisconsin Veterinary Medical Association and shall select each other member from nominations made by one or more organizations representing the group that the member represents.

(d) An advisory committee under par. (b) does not expire until 12 months after the rules are promulgated and shall make recommendations to the department for amendments to the rules.

(15) Penalties.

(a) A person who operates without a license required under sub. (2) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

(b)

1. Except as provided under par. (a), a person who violates this section or a rule promulgated under this section may be required to forfeit not more than $1,000 for the first offense and may be required to forfeit not less than $200 nor more than $2,000 for the 2nd or any subsequent offense within 5 years.

2. If a violation under subd. 1. involves the keeping of animals, each animal with respect to which the statute or rule is violated constitutes a separate violation.

(c) In addition to the penalties under pars. (a) and (b), a court may order a person who violates this section to pay the expenses of caring for dogs that are removed from the person's possession because of mistreatment.

<<For credits, see Historical Note field.>>

HISTORICAL AND STATUTORY NOTES

2010 Electronic Update
Source:
2009 Act 90, § 3, eff. Dec. 16, 2009.

 

Police Regulations.  Chapter 174. Dogs.

174.001. Definitions

As used in this chapter, unless the context indicates otherwise:

(1) "Collar" means a band, strip or chain placed around the neck of a dog.

(2) "Department" means the department of agriculture, trade and consumer protection.

(2g) "Domestic animal" includes livestock, dogs and cats.

(2j) "Intergovernmental commission" means an intergovernmental commission formed by contract under s. 66.0301(2) by all of the municipalities in a county with a population of 500,000 or more for the purpose of providing animal control services.

(3) "Livestock" means any horse, bovine, sheep, goat, pig, llama, alpaca, domestic rabbit, farm-raised deer, as defined in s. 95.001(1)(ag), or domestic fowl, including any farm-raised game bird, as defined in s. 169.01(12m).

(4) "Officer" has the meaning designated under s. 95.21(1)(b).

(5) "Owner" includes any person who owns, harbors or keeps a dog.

<<For credits, see Historical Note field.>>

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
L.1919, c. 527.
St.1919, § 1624.
L.1921, c. 438 § 2.
L.1923, c. 291, § 3.
St.1923, § 174.06.
L.1935, c. 196.
L.1935, c. 550, § 413.
L.1939, c. 79.
L.1941, c. 57.
L.1957, c. 129, § 2.
L.1961, c. 381, § 2.
L.1969, c. 433, § 24, eff. March 13, 1970.
St.1977, § 174.06(2)(a).
L.1979, c. 289, §§ 8m, 17, eff. Jan. 1, 1981.
1983 Act 451, § 8, eff. May 18, 1984.
1995 Act 79, § 64, eff. Dec. 8, 1995.
1995 Act 316, § 1, eff. May 16, 1996.
1997 Act 35, § 345, eff. Dec. 31, 1997.
2001 Act 16, § 2881c, eff. Sept. 1, 2001.
2001 Act 56, § 226, eff. Jan. 1, 2003.
2003 Act 133, § 3, eff. Jan. 1, 2004.

 

174.01. Restraining action against dogs

(1) Killing a dog.

(a) Except as provided in par. (b), a person may intentionally kill a dog only if a person is threatened with serious bodily harm by the dog and:

1. Other restraining actions were tried and failed; or

2. Immediate action is necessary.

(b) A person may intentionally kill a dog if a domestic animal that is owned or in the custody of the person is threatened with serious bodily harm by the dog and the dog is on property owned or controlled by the person and:

1. Other restraining actions were tried and failed; or

2. Immediate action is necessary.

(2) Inapplicable to officers, veterinarians, and persons killing their own dog. This section does not apply to an officer acting in the lawful performance of his or her duties under s. 29.921(7), 95.21, 173.23(1m)(c), (3), or (4), or 174.02(3), or to a veterinarian killing a dog in a proper and humane manner, or to a person killing his or her own dog in a proper and humane manner.

(3) Liability and penalties. A person who violates this section:

(a) Is liable to the owner of the dog for double damages resulting from the killing;

(b) Is subject to the penalties provided under s. 174.15; and

(c) May be subject to prosecution, depending on the circumstances of the case, under s. 951.02.

<<For credits, see Historical Note field.>>

HISTORICAL AND STATUTORY NOTES
2007 Main Volume
Source:
2005 Act 162, § 1, eff. April 5, 2006.

 

174.02. Owner's liability for damage caused by dog; penalties; court order to kill a dog

(1) Liability for injury.

(a) Without notice. Subject to s. 895.045 and except as provided in s. 895.57(4), the owner of a dog is liable for the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property.

(b) After notice. Subject to s. 895.045 and except as provided in s. 895.57(4), the owner of a dog is liable for 2 times the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property if the owner was notified or knew that the dog previously injured or caused injury to a person, domestic animal or property.

(2) Penalties imposed on owner of dog causing damage.

(a) Without notice. The owner of a dog shall forfeit not less than $50 nor more than $500 if the dog injures or causes injury to a person, domestic animal, property, deer, game birds or the nests or eggs of game birds.

(b) After notice. The owner of a dog shall forfeit not less than $200 nor more than $1,000 if the dog injures or causes injury to a person, domestic animal, property, deer, game birds or the nests or eggs of game birds, if the owner was notified or knew that the dog previously injured or caused injury to a person, domestic animal, property, deer, game birds or the nests or eggs of game birds.

(c) Penalties in addition to liability for damages. The penalties in this subsection are in addition to any other liability imposed on the owner of a dog.

(3) Court order to kill a dog.

(a) The state or any municipality may commence a civil action to obtain a judgment from a court ordering an officer to kill a dog. The court may grant the judgment if the court finds both of the following:

1. The dog caused serious injury to a person or domestic animal on 2 separate occasions off the owner's property, without reasonable cause.

2. The owner of the dog was notified or knew prior to the 2nd injury, that the dog caused the first injury.

(b) Any officer enforcing a judgment under this subsection shall kill a dog in a proper and humane manner.

(4) Law enforcement dogs.

(a) In this subsection, "law enforcement agency" has the meaning given in s. 165.83 (1) (b).

(b) The owner of a dog that is used by a law enforcement agency is not liable under sub. (1) for damages caused by the dog to a crime suspect while the dog is performing law enforcement functions.

(c) Subsection (2) does not apply to the owner of a dog that is used by a law enforcement agency if the dog injures a crime suspect while the dog is performing law enforcement functions.

(d) Subsection (3) does not apply to a dog that is used by a law enforcement agency if the dog injures a crime suspect while the dog is performing law enforcement functions.

Source:
L.1981, c. 285, § 10, eff. May 1, 1982.
1983 Act 451, §§ 11, 12, eff. May 18, 1984.
1985 Act 92, § 1, eff. Nov. 28, 1985.
1993 Act 154, §§ 1 to 4, eff. April 1, 1994.
1995 Act 181, § 1, eff. April 18, 1996.
1997 Act 141, § 1, eff. May 5, 1998.
1999 Act 45, §§ 1, 2, eff. April 26, 2000.

 

174.025 to 174.04. Repealed by L.1981, c. 285, § 11, eff. May 1, 1982

 

174.042. Dogs running at large and untagged dogs subject to impoundment; penalties

(1) Dog running at large.

(a) Except as provided in par. (b), a dog is considered to be running at large if it is off the premises of its owner and not under the control of the owner or some other person.

(b) A dog that is actively engaged in a legal hunting activity, including training, is not considered to be running at large if the dog is monitored or supervised by a person and the dog is on land that is open to hunting or on land on which the person has obtained permission to hunt or to train a dog.

(2) Untagged dog. A dog is considered to be untagged if a valid license tag is not attached to a collar which is kept on the dog whenever the dog is outdoors unless the dog is securely confined in a fenced area.

(3) Dog running at large or untagged dog subject to impoundment. An officer shall attempt to capture and restrain any dog running at large and any untagged dog.

(4) Penalties. If the owner of a dog negligently or otherwise permits the dog to run at large or be untagged, the owner shall forfeit not less than $25 nor more than $100 for the first offense and not less than $50 nor more than $200 for subsequent offenses.

Source:
L.1979, c. 289, § 9m, eff. Jan. 1, 1981.
1983 Act 451, § 13, eff. May 18, 1984.
1999 Act 50, §§ 1, 2, eff. April 26, 2000.

 

174.046. Repealed by 1997 Act 192, § 15, eff. Dec. 1, 1999

 

174.05. Dog license tax

(1) Requirement. Except as provided in s. 174.054, the owner of a dog more than 5 months of age on January 1 of any year, or 5 months of age within the license year, shall annually, or on or before the date the dog becomes 5 months of age, pay the dog license tax and obtain a license.

(2) Tax. The minimum dog license tax is $3 for a neutered male dog or spayed female dog, upon presentation of evidence that the dog is neutered or spayed, and $8 for an unneutered male dog or unspayed female dog, or one-half of these amounts if the dog became 5 months of age after July 1 of the license year.

(3) Additional tax. The governing body of any county may by a majority vote of the members present at any regular meeting raise the minimum dog license tax on dogs within its jurisdiction and the governing body of any town, village or city may by resolution raise the minimum dog license tax on dogs within its jurisdiction. If the governing body of any county, town, village or city increases the minimum tax, it shall provide that the tax for unneutered male dogs and unspayed female dogs is greater than the tax for neutered male dogs and spayed female dogs. The additional tax may not exceed the total cost of all dog licensing, regulating and impounding activities for the previous year, less any refunds which may be received under s. 174.09(2), and shall be levied and collected in the same manner as other dog license taxes.

(4) License year. The license year commences on January 1 and ends on the following December 31.

(5) Late fees. The collecting official shall assess and collect a late fee of $5 from every owner of a dog 5 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. All late fees received or collected shall be paid into the local treasury as revenue of the town, village or city in which the license was issued. The governing body of any county, town, village or city may, when setting the amount of the tax, provide that any person purchasing a dog license for a dog 5 months of age or over after April 1 shall pay an additional late fee.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
L.1919, c. 527.
St.1919, § 1623.
L.1921, c. 438, § 2.
L.1923, c. 291, § 3.
St.1923, § 174.05.
L.1929, c. 183.
L.1935, c. 196.
L.1935, c. 550, § 413.
L.1939, c. 79.
L.1957, c. 182, § 1.
L.1961, c. 165.
L.1961, c. 381, § 1.
L.1961, c. 622, § 51.
L.1979, c. 289, § 10, eff. Jan. 1, 1980.
1983 Act 451, § 15, eff. May 18, 1984.
1991 Act 39, § 2771, eff. Aug. 15, 1991.
1991 Act 39 amended subsec. (2).

 

174.052. Publication of the dog license requirement and rabies vaccination requirement

(1) January notice. Except as provided in sub. (3), the county board of each county shall cause a class 1 notice under ch. 985 to be published between January 1 and January 15 of each year in a newspaper having general circulation in the county notifying the public that rabies vaccinations and dog licenses are required under the statutes.

(2) March notice. Except as provided in sub. (3), the county board of each county shall cause a class 1 notice under ch. 985 to be published between March 1 and March 15 of each year in a newspaper having general circulation in the county notifying the public that rabies vaccinations and dog licenses are required under the statutes and that late fees may be assessed after April 1.

(3) Notice in certain populous counties. In a county in which an agreement under s. 174.10(2) is in effect, the intergovernmental commission shall cause the notices under subs. (1) and (2) to be published.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
L.1979, c. 289, § 11, eff. Jan. 1, 1981.
2003 Act 133, §§ 4, 5, eff. Jan. 1, 2004.

 

174.053. Multiple dog licenses

(1) Multiple dog license option. Any person who keeps more than one dog may, instead of the license tax for each dog required by this chapter, apply to the collecting official for a multiple dog license for the keeping of the dogs. Such person shall pay for the license year a license tax of $35 for 12 or fewer dogs and an additional $3 for each dog in excess of 12. Upon payment of the required multiple dog license tax and upon presentation of evidence that all dogs over 5 months of age are currently immunized against rabies, the collecting official shall issue the multiple dog license and a number of tags equal to the number of dogs authorized to be kept by the person.

(2) Multiple dog license tags. Multiple dog license tags shall be made in a form so that they may be readily distinguishable from the individual license tags for the same year. The owner or keeper of dogs for which a multiple dog license has been issued shall keep at all times a multiple dog license tag attached to the collar of each dog over 5 months old kept by the owner or keeper under a multiple dog license, but this requirement does not apply to a dog during competition or training, to a dog securely confined indoors, to a dog while hunting, or to a dog securely confined in a fenced area. An owner or keeper may transfer a multiple dog license tag from a dog that the owner or keeper no longer owns or keeps to another dog if the other dog is currently immunized against rabies. 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 dog during competition or training, to a dog securely confined indoors, to a dog while hunting, or to a dog securely confined in a fenced area. No dog bearing a multiple dog license tag shall be permitted to stray or to be taken anywhere outside the limits of the owner's or keeper's premises unless the dog is in leash or temporarily out for the purposes of hunting, breeding, trial, training, or competition.

(3) Applicability of other requirements. Unless clearly inapplicable, all the provisions of this chapter relating to the individual dog license tax, licenses, and tags shall apply to the multiple dog license and tags.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
L.1919, c. 527.
St.1919, § 1624.
L.1921, c. 438 § 2.
L.1923, c. 291, § 3.
St.1923, § 174.06.
L.1935, c. 196.
L.1935, c. 550, § 413.
L.1939, c. 79.
L.1941, c. 57.
L.1957, c. 129, § 2.
L.1961, c. 381, § 2.
L.1969, c. 433, § 24, eff. March 13, 1970.
St.1977, § 174.06(2)(b), (c), (e).
L.1979, c. 289, §§ 12, 18, 19, 21, eff. Jan. 1, 1981.
L.1981, c. 285, § 14, eff. May 1, 1982.
1983 Act 451, § 16, eff. May 18, 1984.
1991 Act 39, § 2772, eff. Aug. 15, 1991.
2001 Act 16, § 2881e, eff. Sept. 1, 2001.
1991 Act 39 amended subsec. (1).

 

174.054. Exemption for owners of dogs kept for educational or scientific purposes

Sections 95.21(2)(a), 174.05(1) and 174.07(1)(a) do not apply to a person who owns dogs that are kept only for educational or scientific purposes.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:1983 Act 451, § 17, eff. May 18, 1984.

 

174.055. Exemption of dogs for blind, deaf and mobility-impaired

Every dog specially trained to lead blind or deaf persons or to provide support for mobility-impaired persons is exempt from the dog license tax and every person owning such a dog shall receive annually a free dog license from the local collecting officer upon application.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
L.1959, c. 217.
L.1979, c. 247, § 1, eff. May 10, 1980.
1985 Act 67, § 1, eff. Nov. 23, 1985.

 

174.056. Repealed in part and renumbered in part by 2005 Act 354, §§ 5 to 9, eff. May 3, 2006. Now see WI ST 106.52.

 

174.06. Listing

(1) Responsibility to list. Every town, village and city shall annually, by September 1, ascertain by diligent inquiry the dogs owned or kept within the assessment district.

(2) Listing official; generally. In a city or village the listing official is the municipal clerk, unless the common council or village board provides by ordinance or resolution for the appointment of a different person. In a town, the town board shall designate a person to be the listing official.

(3) Compensation.

(a) Except as provided in par. (b), a listing official who is not a full-time, salaried municipal employee shall receive as compensation 50 cents for each dog listed, or a greater amount established by the county board by ordinance or resolution, to be audited and allowed by the county board as other claims against the county and to be paid out of the dog license fund.

A listing official who is a full-time, salaried municipal employee shall receive this compensation from the county board but shall be required to pay the compensation into the town, village, or city treasury.

(b) In a county in which an agreement under s. 174.10(2) is in effect, the intergovernmental commission shall pay the compensation required under par. (a).

(4) Cooperation with listing official. Every person shall answer frankly and fully all questions asked by the listing official relative to the ownership or keeping of dogs within the district.

(5) Records. The listing official shall enter in the records for personal property assessments, or in a separate record, all dogs in the district subject to tax, to whom they are assessed, the name, number, sex, spayed or unspayed, neutered or unneutered, breed and color of each dog. The listing official shall make in triplicate a list of the owners of all dogs assessed.

(6) Multiple dog license records. The listing official shall make in triplicate a list of the names of persons holding multiple dog licenses and the number of dogs kept by each of those persons.

(7) List delivery. The listing official shall, by September 15, deliver one copy of the list under sub. (5) or (6) to the county clerk and one copy to the official to whom license taxes are paid under s. 174.08, and retain one copy for his or her files.

(8) Assessment or tax roll. Dog licenses need not be entered on any assessment or tax roll other than the lists prepared by the listing official under subs. (5) and (6). These lists may be deemed property assessment and tax rolls for all tax collection purposes.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
L.1919, c. 527.
St.1919, § 1624.
L.1921, c. 438 § 2.
L.1923, c. 291, § 3.
St.1923, § 174.06.
L.1935, c. 196.
L.1935, c. 550, § 413.
L.1939, c. 79.
L.1941, c. 57.
L.1957, c. 129, § 2.
L.1961, c. 381, § 2.
L.1969, c. 433, § 24, eff. March 13, 1970.
L.1973, c. 90, §§ 480m, 481.
L.1973, c. 333, §§ 169s, 169u, 169x, eff. June 29, 1974.
L.1975, c. 290, § 1, eff. June 2, 1976.
L.1975, c. 421, § 160, eff. June 29, 1976.
L.1979, c. 289, §§ 13 to 23, 40, eff. Jan. 1, 1981.
L.1981, c. 285, § 15, eff. May 1, 1982.
L.1981, c. 314, § 84, eff. May 1, 1982.
1983 Act 451, § 18, eff. May 18, 1984.
1999 Act 185, § 193(1), eff. Sept. 1, 2000.
2001 Act 16, §§ 2881f, 2881g, eff. Sept. 1, 2001.
2003 Act 133, §§ 6, 7, eff. Jan. 1, 2004.

 

174.065. Collection

(1) Collecting official. The collecting official is any city, village, or town treasurer or other tax collecting officer or any person deputized by the treasurer or tax collecting official, unless the common council or village or town board provides by ordinance or resolution for the appointment of a different person. Veterinarians and humane societies may voluntarily become collecting officials for a city, village, or town if the governing body of the city, village, or town by resolution or ordinance provides that veterinarians and humane societies may be collecting officials for the city, village, or town. In a county in which an agreement under s. 174.10(2) is in effect, the intergovernmental commission is also a collecting official for a city, village, or town if the governing body of the city, village, or town by resolution or ordinance provides that the intergovernmental commission is a collecting official.

(3) Collection of delinquent dog license taxes. Delinquent dog license taxes may be collected in the same manner as in s. 74.55 and ch. 799 for the collecting of personal property taxes.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
L.1919, c. 527.
St.1919, § 1624.
L.1921, c. 438, § 2.
L.1923, c. 291, § 3.
St.1923, § 174.06.
L.1935, c. 196.
L.1935, c. 550, § 413.
L.1939, c. 79.
L.1941, c. 57.
L.1957, c. 129, § 2.
L.1961, c. 381, § 2.
L.1969, c. 433, § 24, eff. March 13, 1970.
St.1977, § 174.06 (intro.).
L.1979, c. 289, §§ 14, 24, eff. Jan. 1, 1981.
L.1981, c. 285, § 16, eff. May 1, 1982.
1987 Act 378, § 169, eff. Jan. 1, 1989.
2001 Act 16, § 2881h, eff. Sept. 1, 2001.
2003 Act 133, § 8, eff. Jan. 1, 2004.

 

174.07. Dog licenses and collar tags

(1)

(a) License required. Except as provided in s. 174.054, a dog license is necessary for the keeping of any dog over 5 months of age.

(b) Licenses. Upon payment of the required dog license tax and, except as provided in s. 95.21(9)(d), upon presentation of evidence that the dog is currently immunized against rabies, the collecting official shall complete and issue to the owner a license for the dog bearing a serial number and in the form prescribed by the department stating the date of its expiration, the owner's name and address, and the name, sex, spayed or unspayed, neutered or unneutered, breed and color of the dog.

(c) Copies. The collecting official shall keep a duplicate copy of the license on file. In counties having a population of 500,000 or more, the collecting official shall immediately send to the county clerk or whatever agency the county board may direct, a triplicate copy of the license. A collecting official who is not the official to whom license taxes are paid under s. 174.08 shall provide a copy of each license issued to the official to whom license taxes are paid under s. 174.08.

(d) Tag. After issuing the license the collecting official shall deliver to the owner 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.

(e) Tags to be attached. The owner shall securely attach the tag to a collar and a collar with the tag attached shall be kept on the dog for which the license is issued at all times but this requirement does not apply to a dog during competition or training, to a dog securely confined indoors, to a dog while hunting, to a dog securely confined in a fenced area or to a dog while actively involved in herding or controlling livestock if the dog is under the control of its owner.

(f) Duplicate tags. A new tag with a new number shall be furnished to the owner by a collecting official in place of the original tag upon presentation of the license. The collecting official shall then endorse the new tag number on the license and shall keep a record in the file.

(2) Provision and distribution of forms and tags.

(a) The department shall contract for and have prepared and furnished annually to the county clerk of each county a sufficient number of tags. The cost of making and furnishing the tags and the cost of printing all forms shall be paid by the counties out of the dog license fund.

(b) The county clerks shall distribute tags and license forms to the collecting officials in proper amounts together with blank license receipts.

(c) The department shall provide and the clerk shall distribute triplicate or quadruplicate copy license forms to any collecting official who makes such a request.

(d) The department shall furnish county clerks with suitable multiple dog license tags and blank licenses for distribution to the collecting officials.

(e) Notwithstanding pars. (a) to (d), in a county in which an agreement under s. 174.10(2) is in effect, all of the following apply:

1. The department shall provide tags and, upon request, license forms to the intergovernmental commission, rather than to the county clerk.

2. The intergovernmental commission shall pay the costs out of the dog license fund.

3. The intergovernmental commission shall distribute tags and license blanks to the other collecting officials.

(3) Filing and accounting.

(a) Copies. A collecting official shall, at the time of issuing a license, make a complete duplicate upon the stub portion of the license form before delivering the license. A copy of each license shall be kept in a file maintained by the collecting official. In counties having a population of 500,000 or more, the collecting official shall send immediately to the county clerk or whatever agency the county board may direct an additional copy of the license.

(b) Return of tags and licenses. Except as provided in par. (bm), the collecting official shall annually by December 31 return to the county clerk all unused tags of the current license year, together with license books and all duplicate licenses of the current year. The county clerk shall carefully check the returned tags, duplicate licenses, and license forms to ascertain whether all tags and license forms that were furnished by the county clerk have been accounted for. To enable the county clerk to do that, the county clerk shall charge each collecting official with all tags and license forms furnished or delivered and credit those returned. In case of discrepancy, the county clerk shall notify the department.

(bm) Certain populous counties. In a county in which an agreement under s. 174.10(2) is in effect, a collecting official who is not the intergovernmental commission shall return unused tags, license books, and duplicate licenses to the intergovernmental commission.

(c) Reimbursement. The collecting official may retain 25 cents, or a greater amount established by the county board by ordinance or resolution, for each license issued as compensation for the service, if the collecting official is not a full-time, salaried municipal employee. If the collecting official is a full-time, salaried municipal employee, this compensation shall be paid into the treasury of the town, village, or city.

<<For credits, see Historical Note field.>>

HISTORICAL AND STATUTORY NOTES
2007 Main Volume
Source:
2005 Act 240, § 5, eff. April 13, 2006.
2005 Legislation:
2005 Act 241 amended subsec. (1)(b).

 

174.08. License fees paid to county treasurer

(1) Except as provided in sub. (2), every collecting official shall pay all dog license taxes to the town, village, or city treasurer or other tax collecting officer who shall deduct any additional tax that may have been levied by the municipal governing body and pay the remainder to the county treasurer at the time settlement is made with the county treasurer for collections of personal property taxes, and shall at the same time report in writing to the county clerk the licenses issued. The report shall be in the form prescribed by the department, and the forms shall be furnished by the county clerks.

(2) In a county in which an agreement under s. 174.10(2) is in effect, a collecting official who is not the intergovernmental commission shall pay all dog license taxes to the intergovernmental commission and shall report the licenses issued to the intergovernmental commission.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
L.1919, c. 527.
St.1919, § 1626.
L.1921, c. 438, § 2.
L.1923, c. 291, § 3.
St.1923, § 174.08.
L.1935, c. 550, § 413.
L.1939, c. 79.
L.1943, c. 229.
L.1957, c. 182, § 2.
L.1969, c. 276, § 583, eff. Dec. 28, 1969.
L.1977, c. 29, § 1260h, eff. July 1, 1977.
L.1979, c. 289, § 31, eff. Jan. 1, 1981.
2003 Act 133, §§ 12, 13, eff. Jan. 1, 2004.

 

174.09. Dog license fund; how disposed of and accounted for

(1) Except as provided in sub. (3), the dog license taxes so paid to the county treasurer shall be kept in a separate account and shall be known as the "dog license fund" and shall be appropriated and disbursed for the purposes and in the manner following: Within 30 days after receipt of the same, the county treasurer shall pay into the state treasury 5% of the minimum tax as provided for under s. 174.05(2) of all dog license taxes which shall have been received by the county treasurer.

(2) Except as provided in sub. (3), expenses necessarily incurred by the county in purchasing and providing books, forms, and other supplies required in administering the dog license law, expenses incurred by the county under s. 95.21(4)(b) and (8) and expenses incurred by the county pound or by a humane society or other organization designated to provide a pound for collecting, caring for, and disposing of dogs may be paid out of the dog license fund. The amount remaining in the fund after deducting these expenses shall be available for and may be used as far as necessary for paying claims allowed by the county to the owners of domestic animals because of damages done by dogs during the license year for which the taxes were paid. Any surplus in excess of $1,000 which may remain from the dog license taxes of any license year shall on March 1 of the succeeding year be paid by the county treasurer to the county humane society or other organization designated by the county board to provide a pound. If there is no humane society or other organization designated to provide a pound, these funds shall be paid to the towns, villages, and cities of the county for their use in the proportion in which the towns, villages, and cities contributed to the fund out of which the surplus arises.

(3) In a county in which an agreement under s. 174.10(2) is in effect, the intergovernmental commission shall maintain the dog license fund, consisting of the dog license taxes. The intergovernmental commission shall pay 5% of the minimum dog license tax provided for under s. 174.05(2) to the department and shall expend the remainder of the dog license fund for the purposes of administering the dog license law, providing a pound for dogs, and paying claims allowed under s. 174.11. If on March 1 there is remaining in the dog license fund a surplus from the dog license taxes of the previous license year that exceeds 5% of the dog license taxes collected in that license year, the intergovernmental commission shall return the excess to the towns, villages, and cities of the county in the proportion in which the towns, villages, and cities contributed to the fund in that license year.

HISTORICAL AND STATUTORY NOTES

1998 Main Volume
Source:
L.1919, c. 527.
St.1919, § 1628.
L.1921, c. 438, § 2.
L.1923, c. 291, § 3.
St.1923, § 174.09.
L.1935, c. 196.
L.1939, c. 79.
L.1947, c. 522.
L.1979, c. 289, § 32, eff. Jan. 1, 1981.
L.1981, c. 285, § 18, eff. May 1, 1982.
1983 Act 451, § 20, eff. May 18, 1984.
2003 Act 133, §§ 14, 15, eff. Jan. 1, 2004.

 

174.10. Dog licensing in populous counties

(1) In this section, "municipality" means a city, village, or town.

(2) If all of the municipalities in a county with a population of 500,000 or more form an intergovernmental commission by contract under s. 66.0301(2) for the purpose of providing animal control services, the county and the intergovernmental commission may enter into an agreement under which the intergovernmental commission assumes the county's responsibility for activities related to dog licensing.

(3) If a county and an intergovernmental commission enter into an agreement under sub. (2), the intergovernmental commission shall provide a copy of the agreement to the department.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
2003 Act 133, § 16, eff. Jan. 1, 2004.

 

174.11. Claims for damage by dogs to domestic animals including ranch mink

(1) The owner of any domestic animal, including a ranch mink, when it is proven that a dog forcibly entered an enclosure in which the mink was kept, which is attacked, chased, injured, or killed by a dog may, within 3 days after the owner has knowledge or notice thereof, file a written claim for damages with the clerk of the town, village, or city in which the damage occurred or, if it occurred in a town or village, with the chairperson of such town or the president of such village. The form of the claim may be prescribed by the department of agriculture, trade and consumer protection. Upon presentation of a claim the supervisors of the town, the board of trustees of the village, or the common council of the city, or a committee appointed for that purpose by the supervisors, the board of trustees, or the common council shall promptly investigate the claim and may subpoena witnesses, administer oaths, and take testimony relative to the claim and shall within 30 days after the filing of the claim make, certify, and return to the county clerk or, in a county in which an agreement under s. 174.10(2) is in effect, to the intergovernmental commission the claim, a report of the investigation, the testimony taken, and the amount of damages suffered by the owner of the domestic animal.

(2)

(a) The form of the report and certification under sub. (1) may be prescribed by the department of agriculture, trade and consumer protection, and shall be subscribed by the supervisors, board, or committee making the report and certification.

(b) Except as provided in par. (c), the county clerk shall submit to the county board at its first meeting, following the receipt of any such claim, all claims filed and reported, and the claims shall be acted upon and determined by the county board as other claims are determined and acted upon. Except as provided in par. (c), the amount of damages filed and reported to the county clerk shall be prima facie proof of the actual damages sustained, but evidence may be taken before the county board relative to the claims as in other cases, and appeals from the action of the county board shall lie as in other cases.

(c) In a county in which an agreement under s. 174.10(2) is in effect, the intergovernmental commission shall act upon and determine all claims filed and reported under sub. (1).

(d) On appeal from the action of the county board or, in a county in which an agreement under s. 174.10(2) is in effect, from the action of the intergovernmental commission, the trial shall be by the court without a jury.

(3) The claims shall be solely against the dog license fund and shall create no other liability on the part of the county.

(4) Subject to sub. (5), the county board or, in a county in which an agreement under s. 174.10(2) is in effect, the intergovernmental commission shall allow, as the amount of a claim for a domestic animal, including a ranch mink, killed by a dog, the amount determined to be the fair market value of the domestic animal, including a ranch mink, on the date the death occurred. Subject to sub. (5), the county board or, in a county in which an agreement under s. 174.10(2) is in effect, the intergovernmental commission shall allow, as the amount of a claim for a domestic animal, including a ranch mink, injured by a dog, the amount determined to be the total of the costs resulting from the injury including a loss in fair market value but the total amount of the claim may not exceed the fair market value. No claim may be paid to any person who has failed to pay a dog tax on an assessable dog.

(5) A county board may, by ordinance, establish the maximum amount that may be allowed for a claim under this section and may establish different maximums for different species of animals.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
L.1919, c. 527.
St.1919, § 1629.
L.1921, c. 438, § 2.
L.1923, c. 291, § 3.
St.1923, § 174.11.
L.1929, c. 119.
L.1935, c. 550, § 413.
L.1937, c. 92.
L.1939, c. 79.
L.1943, c. 229.
L.1949, c. 108.
L.1951, c. 491.
L.1957, c. 244.
L.1965, c. 146.
L.1965, c. 235, § 2.
L.1969, c. 276, § 583, eff. Dec. 28, 1969.
L.1977, c. 29, § 1650m(4), eff. July 1, 1977.
L.1981, c. 285, § 19, eff. May 1, 1982.
1983 Act 451, § 21, eff. May 18, 1984.
1989 Act 56, § 258, eff. Nov. 16, 1989.
1993 Act 154, §§ 5 to 7, eff. April 1, 1994.
1995 Act 316, §§ 2, 3, eff. May 16, 1996.
2003 Act 133, §§ 17 to 20, eff. Jan. 1, 2004.

 

174.12. Actions against owners

(1) The allowance by a county of any claim for damages done by dogs constitutes an assignment to the county of the cause of the action of the claimant for which the claim is filed, and the county may sue and recover from the owner of the dog or dogs doing the damages the full amount thereof and which shall not be limited to the sum paid the claimant by the county. The allowance under s. 174.11(2)(c) by an intergovernmental commission of any claim for damages done by dogs constitutes an assignment to the intergovernmental commission of the cause of the action of the claimant for which the claim is filed, and the intergovernmental commission may sue and recover from the owner of the dog or dogs doing the damages the full amount thereof and which shall not be limited to the sum paid the claimant by the intergovernmental commission. Before any claim shall be allowed by a county or an intergovernmental commission on account of damages done by dogs, the claimant shall furnish satisfactory proof that the damage was not done in whole or in part by any dog owned, kept, or harbored by the claimant.

(2) No claim shall be allowed by a county board or an intergovernmental commission at less than the amount so certified and reported, unless the claimant shall first be notified that such action is contemplated and shall have been given a reasonable opportunity to be heard and to offer further evidence in support of the claimant's claim.

(3) This chapter shall not in any way limit the existing right or authority of any town, village or city to pass ordinances for the keeping and regulating of dogs, or repeal or annul any existing statute or ordinance or local regulation governing the keeping and regulating of dogs; but on and after July 1, 1920, no town, village or city shall pass any ordinance for the licensing of dogs, and all town, village or city ordinances and local regulations licensing dogs then in force shall be null and void.

(4) No person except the owner or the owner's authorized agent shall remove any license tag from a dog collar or remove any collar with a license attached thereto from any dog. No person shall keep or harbor a dog wearing a fictitious, altered or invalid license tag, or a license tag not issued in connection with the licensing or keeping of the dog wearing the same. No license or license tag issued for one dog shall be transferable to another dog. Every town, village or city treasurer shall notify the district attorney of that treasurer's county of every refusal or failure of an owner to obtain a license for keeping the owner's dog and it shall be the duty of the district attorney to institute proceedings against such owner and against every owner within the district attorney's county who has violated any of the provisions of the dog license law.

(5) Dogs brought into the state temporarily for a period not to exceed 30 days if kept confined or in leash shall be exempt from this chapter.

(6) The provisions of this chapter relating to the licensing of dogs and the provisions for the payment of claims out of the dog license fund for damages done by dogs are severable and the provisions relating to such payment of claims are not an inducement to the enactment of any other provisions of this chapter.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
L.1919, c. 527.
St.1919, § 1630.
L.1921, c. 438, § 2.
L.1923, c. 291, § 3.
St.1923, § 174.12.
L.1981, c. 390, § 252, eff. June 17, 1982.
1993 Act 482, §§ 134 to 136, eff. June 11, 1994.
2003 Act 133, §§ 21, 22, eff. Jan. 1, 2004.

 

174.13. Humane use of dogs for scientific or educational purposes

(2) Any officer or pound which has custody of an unclaimed dog may release the dog to the university of Wisconsin system, the medical college of Wisconsin, inc., or to any other educational institution of higher learning chartered under the laws of the state and accredited to the university of Wisconsin system, upon requisition by the institution. The requisition shall be in writing, shall bear the signature of an authorized agent, and shall state that the dog is requisitioned for scientific or educational purposes. If a requisition is made for a greater number of dogs than is available at a given time, the officer or pound may supply those immediately available and may withhold from other disposition all unclaimed dogs coming into the officer's or pound's custody until the requisition is fully discharged, excluding impounded dogs as to which ownership is established within a reasonable period. A dog left by its owner for disposition is not considered an unclaimed dog under this section. If operated by a county, city, village or town, the officer or pound is entitled to the payment of $1 for each dog requisitioned. An institution making a requisition shall provide for the transportation of the dog.

(3) An officer or pound that has custody of unclaimed dogs shall maintain records as provided under s. 173.17.

(4) It shall be unlawful for any person, except a person licensed or registered and regulated under federal animal welfare laws, to take or send outside the state or to purchase or otherwise acquire in this state for the purpose of taking or sending outside the state, any living cat or dog to be used for any medical, surgical or chemical investigation, experiment or demonstration.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
L.1949, c. 577.
St.1949, § 174.13.
L.1951, c. 310.
L.1969, c. 366, § 117, eff. Feb. 15, 1970.
L.1971, c. 40, § 93.
L.1973, c. 130, eff. Nov. 30, 1973.
L.1977, c. 418, § 675, eff. May 19, 1978.
L.1977, c. 447, § 134, eff. July 9, 1978.
L.1979, c. 289, §§ 34m, 35, 35m, 40, eff. Jan. 1, 1981.
1991 Act 189, § 65, eff. April 29, 1992.
1997 Act 192, § 16, eff. Dec. 1, 1999.
 

174.15. Penalty

Any person who violates this chapter shall be fined not more than $500 or imprisoned up to 60 days or both.

HISTORICAL AND STATUTORY NOTES

1998 Main Volume
Source:
L.1919, c. 527.
St.1919, § 1628.
L.1921, c. 438, § 2.
L.1923, c. 291, § 3.
St.1923, § 174.10(4).
L.1949, c. 577.
L.1971, c. 16, eff. April 7, 1971.
St.1977, § 174.10(4).
L.1979, c. 289, §§ 34, 36, eff. Jan. 1, 1981.

 

State Sovereignty, Jurisdiction and Divisions.  Chapter 1. Sovereignty and Jurisdiction of the State.

1.10. State song, state ballad, state waltz, state dance, and state symbols

(1) The Wisconsin state song is “On, Wisconsin”, music written by W. T. Purdy, the words to which are as follows: “On, Wisconsin! On, Wisconsin! Grand old badger state! We, thy loyal sons and daughters, Hail thee, good and great. On, Wisconsin! On, Wisconsin! Champion of the right, ‘Forward’, our motto --God will give thee might!”.

(1m) The Wisconsin state ballad is “Oh Wisconsin, Land of My Dreams,” music written by Shari A. Sarazin and lyrics written by Erma Barrett, the words to which are as follows: “Oh Wisconsin, land of beauty, with your hillsides and your plains, with your jackpine and your birch tree, and your oak of mighty frame. Land of rivers, lakes and valleys, land of warmth and winter snows, land of birds and beasts and humanity, oh Wisconsin, I love you so. Oh Wisconsin, land of my dreams. Oh Wisconsin, you're all I'll ever need. A little heaven here on earth could you be? Oh Wisconsin, land of my dreams. In the summer, golden grain fields; in the winter, drift of white snow; in the springtime, robins singing; in the autumn, flaming colors show. Oh I wonder who could wander, or who could want to drift for long, away from all your beauty, all your sunshine, all your sweet song? Oh Wisconsin, land of my dreams. Oh Wisconsin, you're all I'll ever need. A little heaven here on earth could you be? Oh Wisconsin, land of my dreams. And when it's time, let my spirit run free in Wisconsin, land of my dreams.”

(1r) The Wisconsin state waltz is “The Wisconsin Waltz,” music and lyrics written by Eddie Hansen, the words to which are as follows: “Music from heaven throughout the years; the beautiful Wisconsin Waltz. Favorite song of the pioneers; the beautiful Wisconsin Waltz. Song of my heart on that last final day, when it is time to lay me away. One thing I ask is to let them play the beautiful Wisconsin Waltz. My sweetheart, my complete heart, it's for you when we dance together; the beautiful Wisconsin Waltz. I remember that September, before love turned into an ember, we danced to the Wisconsin Waltz. Summer ended, we intended that our lives then would both be blended, but somehow our planning got lost. Memory now sings a dream song, a faded love theme song; the beautiful Wisconsin Waltz.”

(2) The Wisconsin state dance is the polka.

(3) The Wisconsin state symbols are as follows:

(a) The mourning dove (zenaidura macroura corolinensis linnaus) is the symbol of peace.

(b) Milk is the state beverage.

(c) The sugar maple (acer saccharum) is the state tree.

(d) Corn (Zea mays) is the state grain.

(e) The wood violet (viola papilionacea) is the state flower.

(f) The robin (turdus migratorius) is the state bird.

(g) The muskellunge (Esox masquinongy masquinongy Mitchell) is the state fish.

(h) The badger (taxidea taxus) is the state animal.

(i) The dairy cow (bos taurus) is the state domestic animal.

(j) The white-tailed deer (odocoileus virginianus) is the state wildlife animal.

(k) The American water spaniel is the state dog.

(L) The honey bee (apis mellifera) is the state insect.

(m) The trilobite (calymene celebra) is the state fossil.

(n) Galena (lead sulfide) is the state mineral.

(o) Red granite is the state rock.

(p) Antigo silt loam (typic glossoboralf) is the state soil.

(r) The cranberry (vaccinium macrocarpon) is the state fruit.

(s) The tartan whose thread count is described in this paragraph is the state tartan. The thread count for the state tartan shall begin with 44 threads of muted blue, followed by 6 threads of scarlet, 4 threads of muted blue, 6 threads of gray, 28 threads of black, 40 threads of dark green, 4 threads of dark yellow, 40 threads of dark green, 28 threads of black, 22 threads of muted blue, and 12 threads of dark brown, at which point the weave reverses, going through 22 threads of muted blue, and continuing the sequence in reverse order until the weave reaches the beginning point of 44 threads of muted blue, at which point the weave reverses again.

(t) The kringle is the state pastry.

(4) The Wisconsin Blue Book shall include the information contained in this section concerning the state song, ballad, waltz, dance, beverage, tree, grain, flower, bird, fish, animal, domestic animal, wildlife animal, dog, insect, fossil, mineral, rock, soil, fruit, tartan, and pastry.

<<For credits, see Historical Note field.>>

HISTORICAL AND STATUTORY NOTES

Source:

L.1949, c. 218.

St.1949, § 1.10.

L.1955, c. 18.

L.1957, c. 147, § 1.

L.1957, c. 209, § 1.

L.1957, c. 672, § 1.

L.1959, c. 170.

L.1971, c. 14, eff. March 10, 1971.

L.1971, c. 129, § 1, eff. Nov. 7, 1971.

L.1971, c. 167, eff. Feb. 18, 1972.

L.1971, c. 228, § 1, eff. April 12, 1972.

L.1971, c. 307, § 1, eff. May 20, 1972.

L.1977, c. 326, § 1, eff. May 16, 1978.

1983 Act 33, § 1, eff. Sept. 15, 1983.

1985 Act 162, § 1, eff. April 10, 1986.

1985 Act 295, § 1, eff. May 2, 1986.

1985 Act 332, § 1, eff. June 12, 1986.

1987 Act 279, § 1, eff. April 22, 1988.

1989 Act 162, § 1, eff. April 21, 1990.

1993 Act 411, § 1, eff. May 6, 1994.

1999 Act 83, § 1, eff. May 6, 2000.

1999 Act 186, § 1, eff. June 2, 2000.

2001 Act 16, §§ 1d to 1j, eff. Sept. 1, 2001.

2003 Act 174, §§ 1, 2, eff. April 20, 2004.

2003 Act 321, § 1, eff. June 12, 2004.

2007 Act 217, §§ 1, 2, eff. April 22, 2008.

2013 Act 20, §§ 1b, 1c, eff. July 2, 2013.

 



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