AB684: Bill Text

AB684,91,13 173.13 (3) (a) If a humane officer or , law enforcement officer or conservation warden takes custody of an animal with the knowledge of the owner, the humane officer or, law enforcement officer or conservation warden 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.

AB684, s. 113 Section 113. 173.13 (3) (b) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,91,24 173.13 (3) (b) If a humane officer or , law enforcement officer or conservation warden takes custody of an animal without the knowledge of the owner, the humane officer or, law enforcement officer or conservation warden 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.

AB684, s. 114 Section 114. 173.13 (3) (c) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,92,5 173.13 (3) (c) If the owner informs the humane officer or, law enforcement officer or conservation warden in writing that he or she will not claim the animal, it may be treated as an unclaimed animal under s. 173.23 (1m).

AB684, s. 115 Section 115. 173.15 (1) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,92,21 173.15 (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 under s. 173.13. The department of natural resources may provide for the care, treatment or disposal of wild animals subject to regulation under ch. 22 that are taken into custody under s. 22.42. A political subdivision or the department of natural resources may provide these services directly or by contracting with any other person. A political subdivision or the department of natural resources may establish standard fees for the care, custody and treatment of animals in its custody. The political subdivision or the department of natural resources may establish different fees for animals released to their owners and animals released to persons other than their owners. If the political subdivision or the department of natural resources 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.

AB684, s. 116 Section 116. 173.15 (2) (intro.) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,93,3 173.15 (2) Contract for services. (intro.) Every person entering into a contract with a political subdivision or the department of natural resources under sub. (1) shall agree to do all of the following:

AB684, s. 117 Section 117. 173.17 (intro.) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,93,11 173.17 Records. (intro.) A humane officer or law enforcement officer taking custody of an animal on behalf of a political subdivision under s. 173.13 or a conservation warden taking custody of an animal under s. 22.42 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:

AB684, s. 118 Section 118. 173.19 of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,93,21 173.19 Animals considered unclaimed. A political subdivision or person contracting under s. 173.15 (1) custodial entity may treat any animal taken into custody under s. 22.42 (1) (a), (c), (h) or (j) or 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. 22.42 (1) (c) or 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.

AB684, s. 119 Section 119. 173.21 (1) (intro.) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,94,3 173.21 (1) Grounds. (intro.) A political subdivision or the department of natural resources may withhold, or direct a person contracting with the political subdivision or the department of natural resources 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:

AB684, s. 120 Section 120. 173.21 (1) (a) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,94,8 173.21 (1) (a) There are reasonable grounds to believe that the owner has mistreated the animal in violation of ch. 951 or in violation of ch. 22 if the animal is a wild animal subject to regulation under ch. 22.

AB684, s. 121 Section 121. 173.21 (4) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,94,15 173.21 (4) Return. A political subdivision or person contracting under s. 173.15 (1) custodial entity 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 or conservation warden who took custody of the animal if the requirements of s. 173.23 (1) (a) to (c) are satisfied.

AB684, s. 122 Section 122. 173.22 (1) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,94,22 173.22 (1) Petition. A person claiming that an animal that he or she owns was improperly taken into custody under s. 22.42 (1) (c), (d), (e), (g), (i), (j), (k) or (L) or 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.

AB684, s. 123 Section 123. 173.22 (2) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,95,5 173.22 (2) Notice and hearing. The court shall provide notice of a petition under sub. (1) to the humane officer or, law enforcement officer or conservation warden who took the animal into custody or to the political subdivision governmental unit 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.

AB684, s. 124 Section 124. 173.22 (3) (a) (intro.) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,95,11 173.22 (3) (a) (intro.) If the animal was taken into custody under s. 22.42 (1) (g) or 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:

AB684, s. 125 Section 125. 173.22 (3) (a) 1. of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,95,15 173.22 (3) (a) 1. There are reasonable grounds to believe that the owner has mistreated the animal in violation of ch. 22 or 951.

AB684, s. 126 Section 126. 173.22 (3) (cm) of the statutes is created to read:

AB684,95,20 173.22 (3) (cm) If the animal was taken into custody under s. 22.42 (1) (c), the court shall order the animal returned to its owner if the court determines that the the owner of the animal has not violated ch. 22 or any ordinance enacted under s. 22.43.

AB684, s. 127 Section 127. 173.22 (3) (d) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,96,2 173.22 (3) (d) If the animal was taken into custody under s. 22.42 (1) (d) or 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.

AB684, s. 128 Section 128. 173.22 (3) (e) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,96,7 173.22 (3) (e) If the animal was taken into custody under s. 22.42 (1) (e) or 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.

AB684, s. 129 Section 129. 173.22 (3) (f) of the statutes is created to read:

AB684,96,11 173.22 (3) (f) If the animal was taken into custody under s. 22.42 (1) (i), the court shall order the animal returned to its owner if the court determines that the animal has not been exposed to, or has not been infected with, any of the following:

AB684,96,13 1. A contagious or infectious disease, as defined in the rules promulgated by the department under s. 95.001 (2).

AB684,96,15 2. A reportable disease as designated by the department of natural resources under s. 22.44 (2).

AB684,96,17 3. A disease or parasite that has pathological significance to humans or any type of animal.

AB684, s. 130 Section 130. 173.22 (3) (g) of the statutes is created to read:

AB684,96,21 173.22 (3) (g) If the animal was taken into custody under s. 22.42 (1) (k), the court shall order the animal returned to its owner if the court determines that the animal has not been held or housed in violation of s. 22.39.

AB684, s. 131 Section 131. 173.22 (3) (h) of the statutes is created to read:

AB684,96,25 173.22 (3) (h) If the animal was taken into custody under s. 22.42 (1) (L), the court shall order the animal returned to its owner if the court determines that the owner is not in violation of s. 22.38.

AB684, s. 132 Section 132. 173.23 (1) (intro.) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,97,6 173.23 (1) Claim and return. (intro.) Except as provided in sub. (4) or s. 173.21 (1), a political subdivision or person contracting under s. 173.15 (1) custodial entity shall return an animal described in s. 22.42 (1) (a), (c), (e), (g), (h), (j) or (k) or 173.13 (1) (a) 1., 3., 4., 6., 8. or 9. to its owner upon the happening of all of the following:

AB684, s. 133 Section 133. 173.23 (1) (b) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,97,10 173.23 (1) (b) If licensure of the animal is required by statute or ordinance, the animal is licensed or assurance of licensure by prepayment is given.

AB684, s. 134 Section 134. 173.23 (1) (bn) of the statutes is created to read:

AB684,97,14 173.23 (1) (bn) If licensure of the owner of a wild animal that is subject to regulation under ch. 22 is required under ch. 22, the owner is licensed or assurance of licensure by prepayment is given.

AB684, s. 135 Section 135. 173.23 (1m) (intro.) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,97,20 173.23 (1m) Unclaimed animals. (intro.) A political subdivision or a person contracting under s. 173.15 (1) custodial entity 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:

AB684, s. 136 Section 136. 173.23 (1m) (a) 2. of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,97,24 173.23 (1m) (a) 2. If licensure of the animal is required by statute or ordinance, the animal is licensed or assurance of licensure is given by evidence of prepayment.

AB684, s. 137 Section 137. 173.23 (1m) (a) 2m. of the statutes, as created by 1997 Wisconsin Act 192, is created to read:

AB684,98,5 173.23 (1m) (a) 2m. If licensure of the owner of a wild animal that is subject to regulation under ch. 22 is required under ch. 22, the owner is licensed or assurance of licensure by prepayment is given.

AB684, s. 138 Section 138. 173.23 (1m) (a) 4. of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,98,10 173.23 (1m) (a) 4. Any charges imposed by the political subdivision or person contracting under s. 173.15 (1) custodial entity for custody, care, vaccination and treatment are paid or waived.

AB684, s. 139 Section 139. 173.23 (2) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,98,17 173.23 (2) Animals not returned to owner. If an animal in the custody of a political subdivision or the department of natural resources, 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).

AB684, s. 140 Section 140. 173.23 (3) (a) (intro.) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,98,25 173.23 (3) (a) (intro.) A political subdivision or the department of natural resources 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 on behalf of the political subdivision under s. 173.13 or the department of natural resources under s. 22.42 or with respect to an animal withheld under s. 173.21 (1):

AB684, s. 141 Section 141. 173.23 (3) (c) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,99,5 173.23 (3) (c) The political subdivision or the department of natural resources shall serve a copy of the petition, in the manner provided in s. 801.11, upon the owner of the animal, if known.

AB684, s. 142 Section 142. 173.23 (3) (e) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,99,11 173.23 (3) (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 or the department of natural resources and the public.

AB684, s. 143 Section 143. 173.23 (4) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,99,17 173.23 (4) Injured or dangerous animals. A political subdivision or person contracting under s. 173.15 (1) custodial entity who has custody of an animal may have the animal euthanized if there are reasonable grounds to believe that any of the following apply applies:

AB684, s. 144 Section 144. 173.23 (5) (a) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,99,24 173.23 (5) (a) A political subdivision or person contracting under s. 173.15 (1) custodial entity 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.

AB684, s. 145 Section 145. 173.23 (5) (b) of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,100,11 173.23 (5) (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) custodial entity 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) custodial entity demands that the owner claim the animal and pay for its custody, care and treatment.

AB684, s. 146 Section 146. 173.25 of the statutes, as created by 1997 Wisconsin Act 192, is amended to read:

AB684,100,19 173.25 Immunity for euthanizing animals. A political subdivision, a person contracting under s. 173.15 (1) custodial entity, a humane officer or, a law enforcement officer or a conservation warden 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 authorizes an animal to be euthanized is not liable for damages for the loss of the animal resulting from euthanizing the animal.

AB684, s. 147 Section 147. 814.60 (2) (e) of the statutes is amended to read:

AB684,100,22 814.60 (2) (e) Natural resources restitution payment imposed by s. 22.46 (2) (d) or 29.989.

AB684, s. 148 Section 148. 895.57 (3) of the statutes is amended to read:

AB684,101,5 895.57 (3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employe of the department of natural resources while on any land licensed under s. 29.865, 29.867, 29.869 or 29.871 22.15, 22.16, 22.17, 22.18 or 22.19 or designated as a wildlife refuge under s. 29.621 (1) or employe of the department of agriculture, trade and consumer protection if the officer's or employe's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties.

AB684, s. 149 Section 149. 943.75 (3) of the statutes is amended to read:

AB684,101,14 943.75 (3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employe of the department of natural resources while on any land licensed under s. 29.865, 29.867, 29.869 or 29.871 22.15, 22.16, 22.17, 22.18 or 22.19 or designated as a wildlife refuge under s. 29.621 (1) or employe of the department of agriculture, trade and consumer protection if the officer's or employe's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties. This subsection does not limit any other person from claiming the defense of privilege under s. 939.45 (3).

AB684, s. 150 Section 150. 951.01 (1m) of the statutes is created to read:

AB684,101,16 951.01 (1m) "Conservation warden" means a warden appointed under s. 23.10.

AB684, s. 151 Section 151. 951.015 of the statutes is renumbered 951.015 (1) and amended to read:

AB684,101,23 951.015 (1) This chapter may not be interpreted as controverting any law regulating wild animals that are subject to regulation under ch. 22, the taking of a wild animal wild animals, as defined in s. 29.001 (90), the trapping of animals, the use of live animals in dog trials or in the training of hunting dogs or the slaughter of animals by persons acting under state or federal law.

AB684, s. 152 Section 152. 951.015 (2) of the statutes is created to read:

AB684,102,3 951.015 (2) For purposes of enforcing this chapter as to wild animals subject to regulation under ch. 22, a conservation warden has the same powers and duties that a law enforcement officer has under this chapter.

AB684, s. 153 Section 153. 951.09 of the statutes is renumbered 951.09 (1) and amended to read:

AB684,102,13 951.09 (1) No person may instigate, promote, aid or abet as a principal, agent, employe, participant or spectator, or participate in the earnings from, or intentionally maintain or allow any place to be used for the shooting, killing or wounding shoot, kill or wound with a firearm, or with any deadly weapon, any animal that is tied, staked out, caged or otherwise intentionally confined in a man-made an artificial enclosure, regardless of size. Nothing in this section prohibits the shooting of any wild game in its wild state or the shooting of game birds and waterfowl at licensed game farms or licensed shooting preserves.

AB684, s. 154 Section 154. 951.09 (2) of the statutes is created to read:

AB684,102,18 951.09 (2) (a) Whoever is concerned in the commission of a violation of this section is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.

AB684,102,20 (b) A person is concerned in the commission of a violation of this section under par. (a) if the person does any of the following: