173.40(1)(d)
(d) "Humane care" includes the provision of adequate heating, cooling, ventilation, sanitation, shelter, and medical care consistent with the normal requirements of an animal's size, species, and breed, adequate food, and adequate water.
173.40(1)(e)
(e) "Kennel" means a facility where dogs or cats are kept for 24 hours or more for boarding, training, or similar purposes for compensation, except that "kennel" does not include any of the following:
173.40(1)(e)2.
2. A facility owned or operated by a veterinarian licensed under
ch. 453 where animals are boarded only in conjunction with the provision of veterinary care.
173.40(1)(em)
(em) "Livestock" means cattle, horses, swine, sheep, goats, deer, llamas, and related species, including game species.
173.40(1)(f)
(f) "Nonprofit association" means an incorporated or unincorporated organization consisting of 3 or more members joined by mutual consent for a common, nonprofit purpose.
173.40(1)(fm)
(fm) "Pet breeder" means a person who sells or offers to sell at least 25 dogs or cats for resale as pets in a year, except that "pet breeder" does not include a pet dealer.
173.40(1)(g)
(g) "Pet dealer" means a person who sells, or offers to sell at retail, exchanges, or offers for adoption at least 25 mammals, other than livestock, as pets in a year.
173.40(2)(a)(a) Except as provided in
par. (c), no person may operate an animal shelter or kennel without a license from the department. A person shall obtain a license under this paragraph for each separate location at which the person operates an animal shelter or kennel.
173.40(2)(b)
(b) Except as provided in
par. (c), no person may act as a pet dealer or pet breeder without a license from the department. A person shall obtain a license under this paragraph for each separate location at which the person conducts business as a pet dealer or pet breeder.
173.40(2)(c)
(c) The department may issue an interim permit that authorizes a person to operate an animal shelter or kennel or to act as a pet dealer or pet breeder until the department makes the initial inspection required under
sub. (4) (a).
173.40(2)(d)
(d) Licenses issued under
pars. (a) and
(b) expire on October 31 of each even-numbered year.
173.40(3)
(3) License fees. The department shall promulgate rules specifying fees that must be paid by applicants for licenses under
sub. (2). A fee paid under this subsection is not refundable if the department denies the license.
173.40(4)(a)(a) The department shall inspect each location for which a person is required to obtain a license under
sub. (2) before issuing the initial license and at least once during each biennial licensing period after the initial license period.
173.40(4)(b)
(b) In addition to the inspections required under
par. (a), the department may enter and inspect a facility for which a person is required to obtain a license under
sub. (2) at any reasonable time.
173.40(5)
(5) Rules. The department may promulgate rules that specify any of the following:
173.40(5)(a)
(a) Minimum standards for animal shelter and kennel facilities and facilities at which pet dealers and pet breeders operate.
173.40(5)(b)
(b) Minimum requirements for humane care to be provided by persons required to obtain licenses under
sub. (2).
173.40(5)(c)
(c) Requirements relating to the transportation of animals by persons required to obtain licenses under
sub. (2).
173.40(5)(e)
(e) Grounds for the department to issue orders prohibiting a person required to be licensed under this section from selling or moving an animal.
173.40(5)(f)
(f) Minimum ages for the sale of animals by persons required to be licensed under
sub. (2).
173.40(5)(g)
(g) Reinspection fees to be charged when an inspection by the department under this section reveals conditions that require correction and reinspection.
173.40(5)(h)
(h) Requirements for record keeping by persons required to be licensed under
sub. (2).
173.40(5)(i)
(i) Requirements relating to space and opportunity for exercise to be provided to animals by persons required to be licensed under
sub. (2).
Effective date note
NOTE: This section is created eff. 2-1-04 by
2001 Wis. Act 16.
173.40 History
History: 2001 a. 16.
