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.
AB684,99,118
173.23
(3) (e) The court shall issue its order after hearing and may grant,
9modify and grant or deny the petitioned-for relief, after considering the interests of
10the animal, the owner of the animal, the political subdivision
or the department of
11natural resources and the public.
AB684,99,1714
173.23
(4) Injured or dangerous animals. A
political subdivision or person
15contracting under s. 173.15 (1) custodial entity who has custody of an animal may
16have the animal euthanized if there are reasonable grounds to believe that any of the
17following
apply applies:
AB684,99,2420
173.23
(5) (a) A
political subdivision or person contracting under s. 173.15 (1) 21custodial entity that has custody of an animal that was not confined as required by
22a quarantine order issued under any statute, rule or ordinance relating to the control
23of any animal disease shall confine the animal for the duration of the quarantine or
24shall euthanize the animal with the written permission of the owner or, if the animal
1is determined to be diseased, at the direction of the person issuing the quarantine
2order.
AB684,100,115
173.23
(5) (b) Unless the person issuing the quarantine order directs that the
6animal be euthanized because it is diseased, at the end of the quarantine period the
7political subdivision or person contracting under s. 173.15 (1) custodial entity shall
8return the animal to its owner if the owner complies with sub. (1) (a) to (d) no later
9than the 7th day after the day on which the
political subdivision or person
10contracting under s. 173.15 (1) custodial entity demands that the owner claim the
11animal and pay for its custody, care and treatment.
AB684,100,19
14173.25 Immunity for euthanizing animals. A
political subdivision, a
15person contracting under s. 173.15 (1) custodial entity, a humane officer
or, a law
16enforcement officer
or a conservation warden who has reasonable grounds to believe
17that s. 173.23 (1m) (c), (4) or (5) or a court order issued under s. 173.23 (3)
authorize 18authorizes an animal to be euthanized is not liable for damages for the loss of the
19animal resulting from euthanizing the animal.
AB684, s. 147
20Section
147. 814.60 (2) (e) of the statutes is amended to read:
AB684,100,2221
814.60
(2) (e) Natural resources restitution payment imposed by s.
22.46 (2) (d)
22or 29.989.
AB684, s. 148
23Section
148. 895.57 (3) of the statutes is amended to read:
AB684,101,524
895.57
(3) Subsection (2) does not apply to any humane officer, local health
25officer, peace officer, employe of the department of natural resources while on any
1land licensed under s.
29.865, 29.867, 29.869 or 29.871 22.15, 22.16, 22.17, 22.18 or
222.19 or designated as a wildlife refuge under s. 29.621 (1) or employe of the
3department of agriculture, trade and consumer protection if the officer's or employe's
4acts are in good faith and in an apparently authorized and reasonable fulfillment of
5his or her duties.
AB684, s. 149
6Section
149. 943.75 (3) of the statutes is amended to read:
AB684,101,147
943.75
(3) Subsection (2) does not apply to any humane officer, local health
8officer, peace officer, employe of the department of natural resources while on any
9land licensed under s.
29.865, 29.867, 29.869 or 29.871 22.15, 22.16, 22.17, 22.18 or
1022.19 or designated as a wildlife refuge under s. 29.621 (1) or employe of the
11department of agriculture, trade and consumer protection if the officer's or employe's
12acts are in good faith and in an apparently authorized and reasonable fulfillment of
13his or her duties. This subsection does not limit any other person from claiming the
14defense of privilege under s. 939.45 (3).
AB684, s. 150
15Section
150. 951.01 (1m) of the statutes is created to read:
AB684,101,1616
951.01
(1m) "Conservation warden" means a warden appointed under s. 23.10.
AB684, s. 151
17Section
151. 951.015 of the statutes is renumbered 951.015 (1) and amended
18to read:
AB684,101,2319
951.015
(1) This chapter may not be interpreted as controverting any law
20regulating
wild animals that are subject to regulation under ch. 22, the taking of
a
21wild animal wild animals, as defined in s. 29.001 (90),
the trapping of animals, the
22use of live animals in dog trials or in the training of hunting dogs or the slaughter
23of animals by persons acting under state or federal law.
AB684, s. 152
24Section
152. 951.015 (2) of the statutes is created to read:
AB684,102,3
1951.015
(2) For purposes of enforcing this chapter as to wild animals subject
2to regulation under ch. 22, a conservation warden has the same powers and duties
3that a law enforcement officer has under this chapter.
AB684, s. 153
4Section
153. 951.09 of the statutes is renumbered 951.09 (1) and amended to
5read:
AB684,102,136
951.09
(1) No person may
instigate, promote, aid or abet as a principal, agent,
7employe, participant or spectator, or participate in the earnings from, or
8intentionally maintain or allow any place to be used for the shooting, killing or
9wounding shoot, kill or wound with a firearm
, or
with any deadly weapon, any animal
10that is tied, staked out, caged or otherwise intentionally confined in
a man-made an
11artificial enclosure, regardless of size.
Nothing in this section prohibits the shooting
12of any wild game in its wild state or the shooting of game birds and waterfowl at
13licensed game farms or licensed shooting preserves.
AB684, s. 154
14Section
154. 951.09 (2) of the statutes is created to read:
AB684,102,1815
951.09
(2) (a) Whoever is concerned in the commission of a violation of this
16section is a principal and may be charged with and convicted of the violation although
17he or she did not directly commit it and although the person who directly committed
18it has not been convicted of the violation.
AB684,102,2019
(b) A person is concerned in the commission of a violation of this section under
20par. (a) if the person does any of the following:
AB684,102,2221
1. Instigates, promotes, aids or abets the violation as a principal, agent,
22employe, participant or spectator.
AB684,102,2323
2. Participates in any earnings from the commission of the violation.
AB684,102,2524
3. Intentionally maintains or allows any place to be used for the commission
25of the violation.
AB684, s. 155
1Section
155. 951.09 (3) of the statutes is created to read:
AB684,103,22
951.09
(3) This section does not apply to any of the following animals:
AB684,103,43
(a) A white-tailed deer that is shot, killed or wounded as authorized under s.
422.09 (2) or 22.16 (5).
AB684,103,65
(b) A captive wild bird that is shot, killed or wounded as authorized under s.
622.09 (2).
AB684,103,77
(c) Farm-raised deer, as defined in s. 95.001 (1) (a).
AB684,103,98
(d) Animals that are treated in accordance with normally acceptable
9husbandry practices.
AB684,103,2212
951.18
(4) (a) 2. A sentencing court shall require a criminal violator to pay
13restitution to a person, including any local humane officer or society or county or
14municipal pound or a law enforcement officer
or conservation warden, for any
15pecuniary loss suffered by the person as a result of the crime, including expenses in
16keeping any animal that is involved in the crime. This requirement applies
17regardless of whether the criminal violator is placed on probation under s. 973.09.
18If restitution is ordered, the court shall consider the financial resources and future
19ability of the criminal violator to pay and shall determine the method of payment.
20Upon the application of any interested party, the court shall schedule and hold an
21evidentiary hearing to determine the value of any pecuniary loss under this
22paragraph.
AB684,104,13
1951.18
(4) (b) 1. A sentencing court may order that an animal be delivered to
2the local humane officer or society or the county or municipal pound or to a law
3enforcement officer if a person commits a crime under this chapter, the person is the
4owner of the animal that is involved in the crime and the court considers the order
5to be reasonable and appropriate.
A sentencing court may order that an animal be
6delivered to the department of natural resources, if the animal is a wild animal that
7is subject to regulation under ch. 22 and the court considers the order to be
8reasonable and appropriate. The society, pound
or
, officer
or department of natural
9resources shall release the animal to a person other than the owner or dispose of the
10animal in a proper and humane manner. If the animal is a dog, the release or disposal
11shall be in accordance with s. 173.23 (1m), except that the fees under s. 173.23 (1m)
12(a) 4. do not apply if the expenses are covered under s. 173.24. If the animal is not
13a dog, the society, pound or officer may charge a fee for the release of the animal.