173.22
173.22
Review of seizure or withholding. 173.22(1)
(1)
Petition. A person claiming that an animal that he or she owns was improperly taken into custody under
s. 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.
173.22(2)
(2) Notice and hearing. The court shall provide notice of a petition under
sub. (1) to the humane officer or law enforcement officer who took the animal into custody or to the political subdivision 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.
173.22(3)(a)(a) If the animal was taken into custody under
s. 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:
173.22(3)(a)1.
1. There are reasonable grounds to believe that the owner has mistreated the animal in violation of
ch. 951.
173.22(3)(a)2.
2. There are reasonable grounds to believe that the animal poses a significant threat to public health, safety or welfare.
173.22(3)(a)3.
3. The animal may be used as evidence in a pending prosecution.
173.22(3)(a)4.
4. A court has ordered the animal withheld for any reason.
173.22(3)(b)
(b) If the animal was taken into custody under
s. 173.13 (1) (a) 3., the court shall order the animal returned to its owner if the court determines that the animal was tagged or was not required to be tagged under
ch. 174.
173.22(3)(c)
(c) If the animal was taken into custody under
s. 173.13 (1) (a) 4., the court shall order the animal returned to its owner if the court determines that the animal was licensed or was not required to be licensed.
173.22(3)(d)
(d) If the animal was taken into custody under
s. 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.
173.22(3)(e)
(e) If the animal was taken into custody under
s. 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.
173.22 History
History: 1997 a. 192.
173.23
173.23
Disposition of animals. 173.23(1)(a)
(a) The owner claims the animal and provides reasonable evidence of ownership.
173.23(1)(b)
(b) If licensure is required by statute or ordinance, the animal is licensed or assurance of licensure by prepayment is given.
173.23(1)(c)
(c) If vaccination is required by statute or ordinance, the animal is vaccinated or assurance of vaccination by prepayment is given.
173.23(1)(d)
(d) All charges for custody, care, vaccination and treatment are paid.
173.23(1m)
(1m) Unclaimed animals. A political subdivision or a person contracting under
s. 173.15 (1) 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:
173.23(1m)(a)
(a) Release the animal to any person other than the owner if all of the following apply:
173.23(1m)(a)2.
2. If licensure is required by statute or ordinance, the animal is licensed or assurance of licensure is given by evidence of prepayment.
173.23(1m)(a)3.
3. If vaccination is required by statute or ordinance, the animal is vaccinated or assurance of vaccination is given by evidence of prepayment.
173.23(1m)(a)4.
4. Any charges imposed by the political subdivision or person contracting under
s. 173.15 (1) for custody, care, vaccination and treatment are paid or waived.
173.23(1m)(b)
(b) If the animal is not a dog or cat, sell the animal at public auction, including sale at a licensed livestock market.
173.23(1s)
(1s) Proceeds of sale. If the owner of an animal sold under
sub. (1m) (b) files a claim and provides proof of ownership within 30 days after the sale, the sale proceeds, less the cost of custody, care, treatment and sale, shall be returned to the owner.
173.23(3)(a)(a) A political subdivision 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 withheld under
s. 173.21 (1):
173.23(3)(a)1.
1. Providing for payment for the custody, care or treatment of the animal.
173.23(3)(a)2.
2. Requiring the owner of the animal to post bond for the costs of custody, care or treatment of the animal pending the outcome of any other proceeding.
173.23(3)(a)3.
3. Authorizing the sale, destruction or other disposal of the animal.
173.23(3)(b)
(b) The petition shall set forth the basis for the petitioned-for relief.
173.23(3)(c)
(c) The political subdivision shall serve a copy of the petition, in the manner provided in
s. 801.11, upon the owner of the animal, if known.
173.23(3)(d)
(d) The court shall conduct a hearing on the petition. The petitioner and any person upon whom a copy of the petition was served may appear as a party.
173.23(3)(e)
(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 and the public.
173.23(4)
(4) Injured or dangerous animals. A political subdivision or person contracting under
s. 173.15 (1) who has custody of an animal may have the animal euthanized if there are reasonable grounds to believe that any of the following apply:
173.23(4)(a)
(a) The animal is hopelessly injured beyond any reasonable chance of recovery.
173.23(4)(b)
(b) The animal poses an imminent threat to public health or safety.
173.23(4)(c)
(c) The animal poses an imminent threat to the health or safety of itself or its custodian.
173.23(5)
(5) Animal not confined as required by quarantine order. 173.23(5)(a)(a) A political subdivision or person contracting under
s. 173.15 (1) 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.
173.23(5)(b)
(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) 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) demands that the owner claim the animal and pay for its custody, care and treatment.
173.23(5)(c)
(c) If an owner does not comply with
sub. (1) (a) to
(d) within the time provided in
par. (b), the animal is considered an unclaimed animal under
sub. (1m).
173.23(5)(d)
(d) Before euthanizing an animal that is in custody because it was not confined as required by a quarantine order, the person with custody of the animal shall notify the person who issued the order. If the person who issued the order determines that testing of specimens is necessary to determine the disease status of the animal, the person with custody shall collect the specimens.
173.23(6)
(6) Noncompliance by owner. If an owner is ordered under
sub. (3) to pay, or post bond for the payment of, costs of custody, care or treatment of an animal, and refuses to do so upon demand, the animal shall be treated as an unclaimed animal subject to
sub. (1m).
173.23 History
History: 1997 a. 192.
173.24
173.24
Reimbursement for expenses. 173.24(1)
(1) A court shall assess the expenses under this section in any case in which there has been a search authorized under
s. 173.10 or in which an animal has been seized because it is alleged that the animal has been used in or constitutes evidence of any crime under
ch. 951.
173.24(2)
(2) Expenses covered under this section include:
173.24(2)(a)
(a) Investigative expenses of any search under
s. 173.10 or any seizure under this chapter.
173.24(2)(b)
(b) Any fees of a doctor of veterinary medicine.
173.24(2)(c)
(c) Expenses of taking any animal into custody under this chapter, including expenses reasonably incident to taking the animal into custody.
173.24(2)(d)
(d) Expenses of keeping or disposing of any animal taken into custody.
173.24(3)
(3) If the person alleged to have violated
ch. 951 is found guilty of the violation, the person shall be assessed the expenses under
subs. (1) and
(2). If the person is not found guilty, the county treasurer shall pay the expenses from the general fund of the county.
Effective date note
NOTE: Section 173.24 is renumbered from s. 951.17 and amended eff. 12-1-99 by
1997 Wis. Act 192.
173.24 History
History: 1973 c. 314;
1983 a. 95;
1987 a. 332 ss.
54,
64; Stats. 1987 s. 951.17;
1997 a. 192 s.
30; Stats. 1997 s. 173.24.
173.24 Annotation
Court may only assess reasonable expenses for maintenance of seized animals. State v. Berndt, 161 W (2d) 116, 467 NW (2d) 205 (Ct. App. 1991).
173.25
173.25
Immunity for euthanizing animals. A political subdivision, a person contracting under
s. 173.15 (1), a humane officer or a law enforcement officer 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 an animal to be euthanized is not liable for damages for the loss of the animal resulting from euthanizing the animal.
173.25 History
History: 1997 a. 192.
173.27
173.27
Duties of the department. The department shall do all of the following:
173.27(1)(a)(a) Adopt, by rule, standards for the training and certification of humane officers to ensure that humane officers are at least minimally qualified to perform the duties of a humane officer. The standards shall provide for training offered by the department or by others.
173.27(1)(b)
(b) Adopt, by rule, deadlines by which humane officers must obtain certification.
173.27(2)
(2) Training. Offer training courses for humane officers or approve training courses offered by others, or both. The department may charge a fee sufficient to recover the costs of training courses that it provides.
173.27(3)
(3) Certification. Examine, as necessary, and certify humane officers as qualified. The department may charge a fee, established by rule, sufficient to recover the costs of certification.
173.27(4)
(4) Registry of humane officers. Maintain and keep current a registry of all persons serving as humane officers for political subdivisions.
173.27 History
History: 1997 a. 192.
Effective date note
NOTE: Chapter 173 (title) is repealed and recreated and ss. 173.01 to 173.07 are renumbered ss. 172.51 to 172.57 by
1997 Wis. Act 192, all eff. 12-1-99. Prior to 12-1-99 173.01 to 173.07 read:
Effective date text
ANIMALS DOING DAMAGE
173.27 Note
173.01 Animals distrained; proceedings.
173.27 Note
173.02 Appraisement.
173.27 Note
173.03 Impounding; care; expense.
173.27 Note
173.04 Time and notice of sale.
173.27 Note
173.05 Sale of animal not impounded.
173.27 Note
173.06 Proceeds of sale.
173.27 Note
173.07 Damaging, or taking animal from, pound.
Effective date text
173.01 Animals distrained; proceedings. (1) The owner or occupant of any lands may distrain any beast doing damage on the premises, either while upon the premises or upon immediate pursuit of the beasts escaping from the premises and before returning to the enclosure of or to the immediate care of the owner or keeper. The person distraining the beasts may keep the beasts upon the premises or in a public pound in the person's town, city or village of residence until the person's damages are appraised.
Effective date text
(2) If the owner of the beasts is known to the person distraining the beasts and resides within the same county, the person distraining the beasts shall give written notice to the owner in accordance with whichever of the following applies:
Effective date text
(a) If the owner resides within the same town, city or village as the person distraining the beasts, notice shall be given within 24 hours, Sundays excepted, after the animal is distrained.
Effective date text
(b) If the owner does not reside in the same town, city or village as the person distraining the beasts, notice shall be given within 48 hours, Sundays excepted.
