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.
174.052 Publication of the dog license requirement and rabies vaccination requirement.
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 Dogs for blind, deaf and mobility-impaired admitted to public places.
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.
174.11 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.
174.001
174.001
Definitions. As used in this chapter, unless the context indicates otherwise:
174.001(1)
(1) "Collar" means a band, strip or chain placed around the neck of a dog.
174.001(2)
(2) "Department" means the department of agriculture, trade and consumer protection.
174.001(2g)
(2g) "Domestic animal" includes livestock, dogs and cats.
174.001(2m)
(2m) The term "kennel" means any establishment wherein or whereon dogs are kept for the purpose of breeding, sale or sporting purposes.
174.001(3)
(3) "Livestock" means any horse, bovine, sheep, goat, pig, elk or other deer raised in captivity, llama, alpaca, domestic rabbit, farm-raised deer, as defined in
s. 95.001 (1) (a), or domestic fowl, including game fowl raised in captivity.
174.001(5)
(5) "Owner" includes any person who owns, harbors or keeps a dog.
174.001 Annotation
The casual presence of a dog on someone's property does not make that person a "keeper". "Harboring" a dog means to afford it lodging, to shelter it or give it refuge; it does not include the transient presence in one's home by another's dog. Pattermann v. Pattermann, 173 W (2d) 143, 496 NW (2d) 613 (Ct. App. 1992).
174.01
174.01
Restraining action against dogs. 174.01(1)(a)(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:
174.01(1)(b)
(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:
174.01(2)
(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. 29.931 (2) (b),
95.21,
174.02 (3) or
174.046 (9), 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.
Effective date note
NOTE: Sub. (2) is affected eff. 12-1-99 by two acts of the 1997 legislature and, as merged by the revisor under s. 13.93 (2) (c), will read:
Effective date text
(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. 29.931 (2) (b), 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.
174.01(3)
(3) Liability and penalties. A person who violates this section:
174.01(3)(a)
(a) Is liable to the owner of the dog for double damages resulting from the killing;
174.01(3)(c)
(c) May be subject to prosecution, depending on the circumstances of the case, under
s. 951.02.
174.01 History
History: Sup. Ct. Order, 67 W (2d) 585, 775 (1975);
1975 c. 218;
1979 c. 289;
1981 c. 285;
1983 a. 451;
1987 a. 332 s.
64;
1997 a. 192,
248; s. 13.93 (2) (c).
174.02
174.02
Owner's liability for damage caused by dog; penalties; court order to kill a dog. 174.02(1)(a)(a)
Without notice. Subject to
s. 895.045, 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.
174.02(1)(b)
(b)
After notice. Subject to
s. 895.045, 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.
174.02(2)
(2) Penalties imposed on owner of dog causing damage. 174.02(2)(a)(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.
174.02(2)(b)
(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.
174.02(2)(c)
(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.
174.02(3)(a)(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:
174.02(3)(a)1.
1. The dog caused serious injury to a person or domestic animal on 2 separate occasions off the owner's property, without reasonable cause.
174.02(3)(a)2.
2. The owner of the dog was notified or knew prior to the 2nd injury, that the dog caused the first injury.
174.02(3)(b)
(b) Any officer enforcing a judgment under this subsection shall kill a dog in a proper and humane manner.
174.02(4)(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.
174.02(4)(c)
(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.
174.02(4)(d)
(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.
174.02 Annotation
Public policy does not prohibit insurance coverage for statutorily imposed multiple damages. Cieslewicz v. Mutual Service Cas. Ins. Co. 84 W (2d) 91, 267 NW (2d) 595 (1978).
174.02 Annotation
Doubling of damages under s. 174.02 (1) (b), 1983 stats., operates only after application of laws of comparative negligence. Sprague v. Sprague, 132 W (2d) 68, 389 NW (2d) 823 (Ct. App. 1986).
174.02 Annotation
To be a "keeper" of a dog within the definition of "owner" under this statute, the person must exercise some measure of custody, care or control. An "owner" injured while in control of the dog may not use the statute to hold another owner liable. Armstrong v. Milwaukee Mutual Insurance Co. 202 W (2d) 258, 549 NW (2d) 723 (1996).
174.02 Annotation
A landlord does not become a harborer of a tenant's dog by merely permitting the tenant to keep the dog. Malone v. Fons, 217 W (2d) 746, 580 NW (2d) 697 (Ct. App. 1998).
174.02 Annotation
Recent changes in the statutory liability of Wisconsin dog owners: How expensive is fido? Eiche. WBB April 1984.
174.042
174.042
Dogs running at large and untagged dogs subject to impoundment; penalties. 174.042(1)
(1)
Dog running at large. 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.
174.042(2)
(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.
174.042(3)
(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.
174.042(4)
(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.
174.042 History
History: 1979 c. 289;
1983 a. 451.
174.046(1)(1)
Pound. A county board may provide a pound for strays or unwanted dogs in the county. A county board may designate a humane society or other organization to provide a pound for strays or unwanted dogs in the county. A county pound or a humane society or other organization designated to provide a pound may receive payment from the dog license fund for expenses incurred in the collecting, caring for and disposing of dogs and may receive surplus from the dog license fund as provided under
s. 174.09 (2).
174.046(2)
(2) Delivery. A person who captures and restrains a dog shall notify or deliver the dog to the county pound or humane society or other organization designated to provide a pound, or if there is none in the county, to any officer.
174.046(3)(a)(a) The pound, humane society, organization or officer who is notified or to whom a dog is delivered shall attempt to notify the owner personally or by mail as soon as possible if the owner is known or can be ascertained with reasonable effort.
174.046(3)(b)
(b) The officer or pound who is notified or to whom a dog is delivered shall check the lost and found column of the local daily newspapers having general circulation in the community to determine if a dog is advertised which answers the description of the dog.
174.046(4)
(4) Records. The officer or pound who is notified or to whom a dog is delivered shall keep a record of each dog, giving a description of the dog, the dates of its impoundment, if any, and the disposition of the dog. If the dog is kept by or released to a person the record shall include the name, address and date of delivery of the dog. This record is a public record.
174.046(5)
(5) Impoundment fee. In counties having a population of 500,000 or more and in counties in which the county board requires an impoundment fee, the owner of an impounded dog shall pay an impoundment fee to the officer or pound to whom the dog was delivered. The minimum impoundment fee is $1 but the county board may increase this fee by resolution. All impoundment fees shall be paid to the county treasurer and credited to the dog license fund.
174.046(6)
(6) Boarding fee. The owner of an impounded dog shall pay the officer or pound to whom the dog was delivered a boarding fee for each day or fraction of a day that a dog is impounded. The officer or pound shall establish the boarding fee but this fee may not exceed the actual average daily cost for boarding and caring for the dog. Boarding fees may be retained to pay expenses incurred by the officer or pound.
174.046(7)
(7) Release of dog to owner or representative. The officer or pound to whom a dog is delivered may release the dog to its owner or a representative of the owner only if:
174.046(7)(a)
(a) The owner or representative gives his or her name and address;
174.046(7)(b)
(b) The owner or representative presents evidence that the dog is licensed and presents evidence that the dog is vaccinated against rabies or a receipt from a licensed veterinarian for prepayment of a rabies inoculation.
174.046(7)(c)
(c) The owner or representative pays the boarding fees and any impoundment fee for the dog.
174.046(8)
(8) Release of dog to person other than owner. The officer or pound to whom a dog is delivered may release the dog to a person other than the dog's owner only if:
