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.
Effective date text
(3) The notice under sub. (2) shall specify all of the following:
Effective date text
(a) The time when and the place where the beasts were distrained.
Effective date text
(b) The number of beasts distrained and the place of their detention.
Effective date text
(c) That at a time, which shall not be less than 12 hours after the serving of the notice nor more than 3 days after distraining the beasts, and place designated in the notice, the person distraining will apply to the town chairperson, village president or city mayor or manager of the municipality where the beasts were found for the appointment of 3 disinterested freeholders of the town, city or village to appraise the damages.
Effective date text
(4) If the owner of the beasts is unknown or does not reside in the same county as the person distraining the beasts, the person distraining the beasts shall, in accordance with sub. (3) (c), apply for the appointment of appraisers without notice and within 24 hours after distraining the beasts.
Effective date text
(5) Upon application, the town chairperson, village president or city mayor or manager shall appoint in writing 3 disinterested freeholders of the town, city or village to appraise the damages. The appraisers shall receive 50 cents for the appointment.
173.27 History
History: 1989 a. 56;
1997 a. 192 s.
12; Stats. 1997 s. 172.51;
1997 a. 254.
Effective date text
173.02 Appraisal. The freeholders appointed as appraisers under s. 173.01 shall be immediately notified and shall immediately repair to the place damaged by the animals and view the damages done. The appraisers may take evidence of any witnesses of the facts and circumstances necessary to enable them to ascertain the extent of the damages and the sufficiency of any line fence on the premises where the damage was done, if any dispute arises regarding the damages or line fence. The appraisers may administer oaths to the witnesses. The appraisers shall certify under their hands the amount of damages, the cost of keeping the beasts to that time, their fees for services as appraisers not exceeding $1 per day each, and their determination as to the sufficiency of the line fence, if in dispute. The appraisers' decision as to damages and sufficiency of the fence is conclusive.
173.27 History
History: 1997 a. 192 s.
12; Stats. 1997 s. 172.52;
1997 a. 254.
Effective date text
173.03 Impounding; care; expense. (1) Unless the damages determined under s. 173.02 [s. 172.52], together with the fees of the appraisers and chairperson, president or mayor, have been paid within 24 hours after the appraisal, the person distraining the beasts shall cause the beasts to be confined in accordance with whichever of the following applies:
Effective date text
(a) The beasts shall be put into the nearest pound in the distraining person's town, city or village of residence, if there is a pound.
Effective date text
(b) If there is no pound in the distraining person's town, city or village of residence, the beasts shall be put in some other secure enclosure.
Effective date text
(2) The beasts shall remain confined until sold under ss. 173.04 to 173.06, until the damages, fees and costs of keeping the beasts after appraisal are paid or until they are otherwise seized or discharged according to law. The confined beasts shall be furnished with suitable food from the time of seizure until they are discharged or sold. The expense of feeding the beasts, after the appraisal, shall be added to the amount determined under s. 173.02 and paid as additional costs. If the beasts are put in a pound, the certificate of appraisal shall be delivered to the keeper of the pound.
173.27 History
History: 1993 a. 184;
1997 a. 192 s.
12; Stats. 1997 s. 172.53;
1997 a. 254.
Effective date text
173.04 Time and notice of sale. The poundmaster of any pound shall receive and keep any beasts delivered to the poundmaster under s. 173.03. Unless the beasts are seized or discharged according to law within 6 days, from the time of their delivery to the pound, the poundmaster shall sell at public auction the beasts or so many of them as is necessary to pay the damages, fees and costs enumerated under ss. 173.02 and 173.03. The poundmaster shall give 2 days' notice of the sale by notice posted upon the pound and at 3 public places in the town, city or village in which the pound is located.
173.27 History
History: 1993 a. 482;
1997 a. 192 s.
12; Stats. 1997 s. 172.54;
1997 a. 254.
Effective date text
173.05 Sale of animal not impounded. If in consequence of there being no pound within the distraining person's city, town or village of residence the beasts distrained under s. 173. 01are kept in some other enclosure and the beasts are not discharged in the manner provided under this chapter within 6 days after being placed in the enclosure, the sheriff or any constable of the county shall sell the beasts or so many of them as shall be necessary to pay the damages, fees and costs of keeping, upon the same notice as is required in case of a constable's sale of personal property taken by execution.
173.27 History
History: 1997 a. 192 s.
12; Stats. 1997 s. 172.55;
1997 a. 254.
