AB684,88,1615
173.11
(5) Nonapplicability. This section does not apply to wild animals that
16are subject to regulation under ch. 22.
AB684,88,2119
173.12
(1) (a) Any veterinarian who has reason to believe that an animal has
20been in a fight in violation of s. 951.08 shall report the matter to the local humane
21officer or to a local law enforcement agency,
except as provided in par. (b).
AB684,88,24
22(c) The report
under this subsection shall be in writing and shall include a
23description and the location of the animal, any injuries suffered by the animal and
24the name and address of the owner or person in charge of the animal, if known.
AB684, s. 102
25Section
102. 173.12 (1) (b) of the statutes is created to read:
AB684,89,2
1173.12
(1) (b) If the animal is a wild animal subject to regulation under ch. 22,
2the veterinarian shall report the matter to the department of natural resources.
AB684,89,115
173.12
(1m) If an animal has been seized because it is alleged that the animal
6has been used in or constitutes evidence of any crime specified in s. 951.08, the
7animal may not be returned to the owner
by an officer under s. 968.20 (2). In any
8hearing under s. 968.20 (1), the court shall determine if the animal is needed as
9evidence or there is reason to believe that the animal has participated in or been
10trained for fighting. If the court makes such a finding, the animal shall be retained
11in custody.
AB684,89,1814
173.12
(3) (a) If the owner is convicted under s. 951.08 or is subject to the
15restrictions under s. 951.08 (2m), the animal shall be delivered to the local humane
16officer or county or municipal pound
if the animal is not subject to regulation under
17ch. 22. If there is no local humane officer or pound, the animal may be delivered to
18a local humane society or to another person designated by the court.
AB684,89,21
19(ar) If the animal is one year old or older or shows indication of having
20participated in fighting, the animal shall be disposed of in a proper and humane
21manner.
AB684, s. 105
22Section
105. 173.12 (3) (ag) of the statutes is created to read:
AB684,90,223
173.12
(3) (ag) If the owner is convicted under s. 951.08 or is subject to the
24restrictions under s. 951.08 (2m), the animal shall be delivered to the department of
1natural resources or to another person designated by the court if the animal is a wild
2animal subject to regulation under ch. 22.
AB684, s. 106
3Section
106. 173.13 (1) (d) of the statutes is created to read:
AB684,90,54
173.13
(1) (d) This subsection does not apply to wild animals that are subject
5to regulation under ch. 22.
AB684,90,118
173.13
(2) (a) (intro.) A humane officer
or
, law enforcement officer
or
9conservation warden or a person contracting under s. 173.15 (1) may accept an
10animal delivered by a veterinarian, or his or her employe, if the animal has not been
11picked up by its owner and all of the following apply:
AB684,90,1714
173.13
(2) (a) 1. The veterinarian notified the owner of the animal by certified
15mail, return receipt requested, that the animal was ready to be picked up and that
16the animal would be delivered to a
humane officer
person authorized to accept the
17animal if not picked up within 7 days.
AB684,90,2120
173.13
(2) (a) 3. The veterinarian certifies in writing to the humane officer
or, 21law enforcement officer
or conservation warden that subds. 1. and 2 apply.
AB684, s. 110
22Section
110. 173.13 (2) (a) 4. of the statutes is created to read:
AB684,90,2523
173.13
(2) (a) 4. The humane officer, law enforcement officer or conservation
24warden or the person contracting under s. 173.15 (1) is authorized under s. 22.42 or
25this section to accept the animal.
AB684,91,63
173.13
(2) (b) If an animal is accepted under par. (a), the veterinarian shall
4provide the person accepting the animal with any requested records concerning the
5animal's ownership
, or health or
the licensure
of the animal or of the owner under
6ch. 22.
AB684,91,139
173.13
(3) (a) If a humane officer
or
, law enforcement officer
or conservation
10warden takes custody of an animal with the knowledge of the owner, the humane
11officer
or, law enforcement officer
or conservation warden shall explain the
12procedure by which the owner can recover the animal, including the procedure under
13s. 173.22, and the procedure to be followed if the animal is not returned to the owner.
AB684,91,2416
173.13
(3) (b) If a humane officer
or
, law enforcement officer
or conservation
17warden takes custody of an animal without the knowledge of the owner, the humane
18officer
or, law enforcement officer
or conservation warden shall promptly notify the
19owner in writing if he or she can be identified and located with reasonable effort. The
20notice shall explain the procedure by which the owner can recover the animal,
21including the procedure under s. 173.22, and the procedure to be followed if the
22animal is not returned to the owner. The notice shall also inform the owner that the
23owner must notify any person with a lien on the animal that the animal has been
24taken into custody.
AB684,92,53
173.13
(3) (c) If the owner informs the humane officer
or, law enforcement
4officer
or conservation warden in writing that he or she will not claim the animal, it
5may be treated as an unclaimed animal under s. 173.23 (1m).
AB684,92,218
173.15
(1) Providing services. A political subdivision may provide for the care,
9treatment or disposal of animals taken into custody
by a humane officer or law
10enforcement officer under s. 173.13. The department of natural resources may
11provide for the care, treatment or disposal of wild animals subject to regulation
12under ch. 22 that are taken into custody under s. 22.42. A political subdivision
or the
13department of natural resources may provide these services directly or by
14contracting with any other person. A political subdivision
or the department of
15natural resources may establish standard fees for the care, custody and treatment
16of animals in its custody. The political subdivision
or the department of natural
17resources may establish different fees for animals released to their owners and
18animals released to persons other than their owners. If the political subdivision
or
19the department of natural resources does not establish standard fees, it may charge
20no more than the actual costs of care, custody or treatment to any person required
21to pay for the care, custody or treatment of an animal.
AB684,93,3
1173.15
(2) Contract for services. (intro.) Every person entering into a
2contract with a political subdivision
or the department of natural resources under
3sub. (1) shall agree to do all of the following:
AB684,93,11
6173.17 Records. (intro.) A humane officer or law enforcement officer taking
7custody of an animal
on behalf of a political subdivision under s. 173.13 or a
8conservation warden taking custody of an animal under s. 22.42 shall maintain, or
9require any person to whom the animal is delivered under a contract under s. 173.15
10(1) to maintain, as appropriate, records for each animal containing the following
11information:
AB684,93,21
14173.19 Animals considered unclaimed. A
political subdivision or person
15contracting under s. 173.15 (1) custodial entity may treat any animal taken into
16custody under s.
22.42 (1) (a), (c), (h) or (j) or 173.13 (1) (a) 1., 3., 4. or 9. as an
17unclaimed animal subject to s. 173.23 (1m) if, within 7 days after custody is taken
18of the animal, it is not claimed by and returned to its owner under s. 173.23 (1), except
19that an animal taken into custody under s.
22.42 (1) (c) or 173.13 (1) (a) 3. or 4. may
20not be treated as unclaimed if its owner files a petition under s. 173.22 (1) within 7
21days after custody is taken.
AB684,94,324
173.21
(1) Grounds. (intro.) A political subdivision
or the department of
25natural resources may withhold, or direct a person contracting
with the political
1subdivision or the department of natural resources under s. 173.15 (1) to withhold,
2an animal in custody from an owner who makes an otherwise adequate claim for the
3animal under s. 173.23 (1) on any of the following grounds:
AB684,94,86
173.21
(1) (a) There are reasonable grounds to believe that the owner has
7mistreated the animal in violation of ch. 951
or in violation of ch. 22 if the animal is
8a wild animal subject to regulation under ch. 22.
AB684,94,1511
173.21
(4) Return. A
political subdivision or person contracting under s.
12173.15 (1) custodial entity having custody of an animal withheld under sub. (1) shall
13release the animal to the owner at the direction of the humane officer
or, law
14enforcement officer
that or conservation warden who took custody of the animal if
15the requirements of s. 173.23 (1) (a) to (c) are satisfied.
AB684,94,2218
173.22
(1) Petition. A person claiming that an animal that he or she owns was
19improperly taken into custody under s.
22.42 (1) (c), (d), (e), (g), (i), (j), (k) or (L) or 20173.13 (1) (a) 3., 4., 5., 6. or 8. or is wrongfully withheld under s. 173.21 (1) may seek
21return of the animal by petitioning for an order from the circuit court for the county
22in which the animal was taken into custody or in which it is held.
AB684,95,5
1173.22
(2) Notice and hearing. The court shall provide notice of a petition
2under sub. (1) to the humane officer
or, law enforcement officer
or conservation
3warden who took the animal into custody or to the
political subdivision governmental
4unit that withheld the animal and shall hold a hearing on the issue of whether the
5animal was improperly taken into custody or is wrongfully withheld.
AB684,95,118
173.22
(3) (a) (intro.) If the animal was taken into custody under s.
22.42 (1)
9(g) or 173.13 (1) (a) 8. or is withheld under s. 173.21 (1), the court shall order the
10animal returned to the owner unless it determines that one of the following
11conditions is satisfied:
AB684,95,1514
173.22
(3) (a) 1. There are reasonable grounds to believe that the owner has
15mistreated the animal in violation of ch.
22 or 951.
AB684, s. 126
16Section
126. 173.22 (3) (cm) of the statutes is created to read:
AB684,95,2017
173.22
(3) (cm) If the animal was taken into custody under s. 22.42 (1) (c), the
18court shall order the animal returned to its owner if the court determines that the
19the owner of the animal has not violated ch. 22 or any ordinance enacted under s.
2022.43.
AB684,96,223
173.22
(3) (d) If the animal was taken into custody under s.
22.42 (1) (d) or 24173.13 (1) (a) 5., the court shall order the animal returned to its owner if the court
1determines that the animal was not subject to a quarantine order or was confined as
2required by a quarantine order.
AB684,96,75
173.22
(3) (e) If the animal was taken into custody under s.
22.42 (1) (e) or 6173.13 (1) (a) 6., the court shall order the animal returned to its owner if the court
7determines that the animal did not cause damage to persons or property.
AB684, s. 129
8Section
129. 173.22 (3) (f) of the statutes is created to read:
AB684,96,119
173.22
(3) (f) If the animal was taken into custody under s. 22.42 (1) (i), the
10court shall order the animal returned to its owner if the court determines that the
11animal has not been exposed to, or has not been infected with, any of the following:
AB684,96,1312
1. A contagious or infectious disease, as defined in the rules promulgated by
13the department under s. 95.001 (2).
AB684,96,1514
2. A reportable disease as designated by the department of natural resources
15under s. 22.44 (2).
AB684,96,1716
3. A disease or parasite that has pathological significance to humans or any
17type of animal.
AB684, s. 130
18Section
130. 173.22 (3) (g) of the statutes is created to read:
AB684,96,2119
173.22
(3) (g) If the animal was taken into custody under s. 22.42 (1) (k), the
20court shall order the animal returned to its owner if the court determines that the
21animal has not been held or housed in violation of s. 22.39.
AB684, s. 131
22Section
131. 173.22 (3) (h) of the statutes is created to read:
AB684,96,2523
173.22
(3) (h) If the animal was taken into custody under s. 22.42 (1) (L), the
24court shall order the animal returned to its owner if the court determines that the
25owner is not in violation of s. 22.38.
AB684,97,63
173.23
(1) Claim and return. (intro.) Except as provided in sub. (4) or s. 173.21
4(1), a
political subdivision or person contracting under s. 173.15 (1) custodial entity 5shall return an animal described in s.
22.42 (1) (a), (c), (e), (g), (h), (j) or (k) or 173.13
6(1) (a) 1., 3., 4., 6., 8. or 9. to its owner upon the happening of all of the following:
AB684,97,109
173.23
(1) (b) If licensure
of the animal is required by statute or ordinance, the
10animal is licensed or assurance of licensure by prepayment is given.
AB684, s. 134
11Section
134. 173.23 (1) (bn) of the statutes is created to read:
AB684,97,1412
173.23
(1) (bn) If licensure of the owner of a wild animal that is subject to
13regulation under ch. 22 is required under ch. 22, the owner is licensed or assurance
14of licensure by prepayment is given.
AB684,97,2017
173.23
(1m) Unclaimed animals. (intro.) A
political subdivision or a person
18contracting under s. 173.15 (1) custodial entity that has custody of an animal
19considered unclaimed under sub. (5) (c) or (6) or s. 173.13 (3) (c) or 173.19 or an
20unwanted animal may do any of the following:
AB684,97,2423
173.23
(1m) (a) 2. If licensure
of the animal is required by statute or ordinance,
24the animal is licensed or assurance of licensure is given by evidence of prepayment.
AB684,98,53
173.23
(1m) (a) 2m. If licensure of the owner of a wild animal that is subject
4to regulation under ch. 22 is required under ch. 22, the owner is licensed or assurance
5of licensure by prepayment is given.
AB684,98,108
173.23
(1m) (a) 4. Any charges imposed by the
political subdivision or person
9contracting under s. 173.15 (1) custodial entity for custody, care, vaccination and
10treatment are paid or waived.
AB684,98,1713
173.23
(2) Animals not returned to owner. If an animal in the custody of a
14political subdivision
or the department of natural resources, other than an animal
15to which sub. (1m) applies, is not returned to the owner under sub. (1) or (5) (b) or
16s. 173.12 (2), 173.21 (4) or 173.22 or disposed of under sub. (4) or (5) (a) or s. 173.12
17(3), it shall be disposed of under a court order under sub. (3) or s. 951.18 (4).
AB684,98,2520
173.23
(3) (a) (intro.) A political subdivision
or the department of natural
21resources may petition the circuit court for an order doing any of the following with
22respect to an animal taken into custody
by a law enforcement officer or a humane
23officer or on behalf of the political subdivision under s. 173.13 or the department of
24natural resources under s. 22.42 or with respect to an animal withheld under s.
25173.21 (1):
AB684,99,53
173.23
(3) (c) The political subdivision
or the department of natural resources 4shall serve a copy of the petition, in the manner provided in s. 801.11, upon the owner
5of the animal, if known.