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 Note
NOTE: Sub. (3) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
174.001(5)
(5) "Owner" includes any person who owns, harbors or keeps a dog.
174.001 History
History: 1979 c. 289 ss.
8m,
17;
1983 a. 451;
1995 a. 79,
316; s. 13.93 (2) (c).
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. 29.05 (8) (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.
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.
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 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
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:
174.046(8)(a)
(a) The owner is unknown or does not claim the dog within 7 days after the dog is delivered to the officer or pound;
174.046(8)(b)
(b) The person to whom the dog is released gives his or her name and address;
174.046(8)(c)
(c) The person to whom the dog is released signs a statement agreeing to license the dog and to have the dog vaccinated against rabies unless evidence is presented that the dog is licensed and vaccinated; and
174.046(8)(d)
(d) The person to whom the dog is released, if required by the officer or pound, pays the boarding fees and any impoundment fee for the dog.
174.046(9)
(9) Sacrifice or use for humane purposes if dog is unclaimed. A dog which is not released to its owner or to a person other than its owner within the impoundment period is deemed an unclaimed dog. The minimum impoundment period is for 7 days after the dog is delivered to the officer or pound. The officer or pound may extend the impoundment period if release of the dog to the owner or a person other than the owner appears likely. The officer or pound may dispose of an unclaimed dog by releasing it as provided under
s. 174.13, or if the dog is not released as provided under
s. 174.13, by disposing of the dog in a proper and humane manner.
174.046 History
History: 1979 c. 289;
1981 c. 285.
174.05
174.05
Dog license tax. 174.05(1)(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.
174.05(2)
(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.
174.05(3)
(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.
174.05(4)
(4) License year. The license year commences on January 1 and ends on the following December 31.
174.05(5)
(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.
174.052
174.052
Publication of the dog license requirement and rabies vaccination requirement. 174.052(1)
(1)
January notice. 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.
174.052(2)
(2) March notice. 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.
174.052 History
History: 1979 c. 289.
174.053(1)(1)
Kennel license option. Any person who keeps or operates a kennel may, instead of the license tax for each dog required by this chapter, apply to the collecting official for a kennel license for the keeping or operating of the kennel. Such person shall pay for the license year a license tax of $35 for a kennel of 12 or fewer dogs and an additional $3 for each dog in excess of 12. Upon payment of the required kennel license tax and upon presentation of evidence that all dogs over 5 months of age are currently immunized against rabies, the collecting official shall issue the kennel license and a number of tags equal to the number of dogs authorized to be kept in the kennel.
174.053(2)
(2) Kennel license tags. Kennel 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 a kennel shall keep at all times a kennel license tag attached to the collar of each dog over 5 months old kept by the owner or keeper under a kennel 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. These tags may be transferred from one dog to another within the kennel whenever any dog is removed from the kennel. The rabies vaccination tag or substitute tag shall remain attached to the dog for which it is issued at all times but this requirement does not apply to a 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 kennel tag shall be permitted to stray or to be taken anywhere outside the limits of the kennel unless the dog is in leash or temporarily out for the purposes of hunting, breeding, trial, training or competition.
174.053(3)
(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 kennel license and tags.
174.054
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.
