174.02 Annotation
Public policy does not prohibit insurance coverage for statutorily imposed multiple damages. Cieslewicz v. Mutual Service Cas. Ins. Co. 84 W (2d) 91, 267 NW (2d) 595 (1978).
174.02 Annotation
Doubling of damages under s. 174.02 (1) (b), 1983 stats., operates only after application of laws of comparative negligence. Sprague v. Sprague, 132 W (2d) 68, 389 NW (2d) 823 (Ct. App. 1986).
174.02 Annotation
To be a "keeper" of a dog within the definition of "owner" under this statute, the person must exercise some measure of custody, care or control. An "owner" injured while in control of the dog may not use the statute to hold another owner liable. Armstrong v. Milwaukee Mutual Insurance Co. 202 W (2d) 258, 549 NW (2d) 723 (1996).
174.02 Annotation
A landlord does not become a harborer of a tenant's dog by merely permitting the tenant to keep the dog. Malone v. Fons, 217 W (2d) 746, 580 NW (2d) 697 (Ct. App. 1998).
174.02 Annotation
Recent changes in the statutory liability of Wisconsin dog owners: How expensive is fido? Eiche. WBB April 1984.
174.042
174.042
Dogs running at large and untagged dogs subject to impoundment; penalties. 174.042(1)
(1)
Dog running at large. A dog is considered to be running at large if it is off the premises of its owner and not under the control of the owner or some other person.
174.042(2)
(2) Untagged dog. A dog is considered to be untagged if a valid license tag is not attached to a collar which is kept on the dog whenever the dog is outdoors unless the dog is securely confined in a fenced area.
174.042(3)
(3) Dog running at large or untagged dog subject to impoundment. An officer shall attempt to capture and restrain any dog running at large and any untagged dog.
174.042(4)
(4) Penalties. If the owner of a dog negligently or otherwise permits the dog to run at large or be untagged, the owner shall forfeit not less than $25 nor more than $100 for the first offense and not less than $50 nor more than $200 for subsequent offenses.
174.042 History
History: 1979 c. 289;
1983 a. 451.
174.046(1)(1)
Pound. A county board may provide a pound for strays or unwanted dogs in the county. A county board may designate a humane society or other organization to provide a pound for strays or unwanted dogs in the county. A county pound or a humane society or other organization designated to provide a pound may receive payment from the dog license fund for expenses incurred in the collecting, caring for and disposing of dogs and may receive surplus from the dog license fund as provided under
s. 174.09 (2).
174.046(2)
(2) Delivery. A person who captures and restrains a dog shall notify or deliver the dog to the county pound or humane society or other organization designated to provide a pound, or if there is none in the county, to any officer.
174.046(3)(a)(a) The pound, humane society, organization or officer who is notified or to whom a dog is delivered shall attempt to notify the owner personally or by mail as soon as possible if the owner is known or can be ascertained with reasonable effort.
174.046(3)(b)
(b) The officer or pound who is notified or to whom a dog is delivered shall check the lost and found column of the local daily newspapers having general circulation in the community to determine if a dog is advertised which answers the description of the dog.
174.046(4)
(4) Records. The officer or pound who is notified or to whom a dog is delivered shall keep a record of each dog, giving a description of the dog, the dates of its impoundment, if any, and the disposition of the dog. If the dog is kept by or released to a person the record shall include the name, address and date of delivery of the dog. This record is a public record.
174.046(5)
(5) Impoundment fee. In counties having a population of 500,000 or more and in counties in which the county board requires an impoundment fee, the owner of an impounded dog shall pay an impoundment fee to the officer or pound to whom the dog was delivered. The minimum impoundment fee is $1 but the county board may increase this fee by resolution. All impoundment fees shall be paid to the county treasurer and credited to the dog license fund.
174.046(6)
(6) Boarding fee. The owner of an impounded dog shall pay the officer or pound to whom the dog was delivered a boarding fee for each day or fraction of a day that a dog is impounded. The officer or pound shall establish the boarding fee but this fee may not exceed the actual average daily cost for boarding and caring for the dog. Boarding fees may be retained to pay expenses incurred by the officer or pound.
174.046(7)
(7) Release of dog to owner or representative. The officer or pound to whom a dog is delivered may release the dog to its owner or a representative of the owner only if:
174.046(7)(a)
(a) The owner or representative gives his or her name and address;
174.046(7)(b)
(b) The owner or representative presents evidence that the dog is licensed and presents evidence that the dog is vaccinated against rabies or a receipt from a licensed veterinarian for prepayment of a rabies inoculation.
174.046(7)(c)
(c) The owner or representative pays the boarding fees and any impoundment fee for the dog.
174.046(8)
(8) Release of dog to person other than owner. The officer or pound to whom a dog is delivered may release the dog to a person other than the dog's owner only if:
174.046(8)(a)
(a) The owner is unknown or does not claim the dog within 7 days after the dog is delivered to the officer or pound;
174.046(8)(b)
(b) The person to whom the dog is released gives his or her name and address;
174.046(8)(c)
(c) The person to whom the dog is released signs a statement agreeing to license the dog and to have the dog vaccinated against rabies unless evidence is presented that the dog is licensed and vaccinated; and
174.046(8)(d)
(d) The person to whom the dog is released, if required by the officer or pound, pays the boarding fees and any impoundment fee for the dog.
174.046(9)
(9) Sacrifice or use for humane purposes if dog is unclaimed. A dog which is not released to its owner or to a person other than its owner within the impoundment period is deemed an unclaimed dog. The minimum impoundment period is for 7 days after the dog is delivered to the officer or pound. The officer or pound may extend the impoundment period if release of the dog to the owner or a person other than the owner appears likely. The officer or pound may dispose of an unclaimed dog by releasing it as provided under
s. 174.13, or if the dog is not released as provided under
s. 174.13, by disposing of the dog in a proper and humane manner.
Effective date note
NOTE: This section is repealed eff. 12-1-99 by
1997 Wis. Act 192.
174.046 Annotation
Because humane society records of impoundment and disposition are public records under sub. (4) they must be available for disclosure to the public. State ex rel. Schultz v. Wellens, 208 W (2d) 574, 561 NW (2d) 775 (Ct. App. 1997).
174.05
174.05
Dog license tax. 174.05(1)(1)
Requirement. Except as provided in
s. 174.054, the owner of a dog more than 5 months of age on January 1 of any year, or 5 months of age within the license year, shall annually, or on or before the date the dog becomes 5 months of age, pay the dog license tax and obtain a license.
174.05(2)
(2) Tax. The minimum dog license tax is $3 for a neutered male dog or spayed female dog, upon presentation of evidence that the dog is neutered or spayed, and $8 for an unneutered male dog or unspayed female dog, or one-half of these amounts if the dog became 5 months of age after July 1 of the license year.
174.05(3)
(3) Additional tax. The governing body of any county may by a majority vote of the members present at any regular meeting raise the minimum dog license tax on dogs within its jurisdiction and the governing body of any town, village or city may by resolution raise the minimum dog license tax on dogs within its jurisdiction. If the governing body of any county, town, village or city increases the minimum tax, it shall provide that the tax for unneutered male dogs and unspayed female dogs is greater than the tax for neutered male dogs and spayed female dogs. The additional tax may not exceed the total cost of all dog licensing, regulating and impounding activities for the previous year, less any refunds which may be received under
s. 174.09 (2), and shall be levied and collected in the same manner as other dog license taxes.
174.05(4)
(4) License year. The license year commences on January 1 and ends on the following December 31.
174.05(5)
(5) Late fees. The collecting official shall assess and collect a late fee of $5 from every owner of a dog 5 months of age or over, if the owner failed to obtain a license prior to April 1 of each year, or within 30 days of acquiring ownership of a licensable dog or if the owner failed to obtain a license on or before the dog reached licensable age. All late fees received or collected shall be paid into the local treasury as revenue of the town, village or city in which the license was issued. The governing body of any county, town, village or city may, when setting the amount of the tax, provide that any person purchasing a dog license for a dog 5 months of age or over after April 1 shall pay an additional late fee.
174.052
174.052
Publication of the dog license requirement and rabies vaccination requirement. 174.052(1)
(1)
January notice. The county board of each county shall cause a class 1 notice under
ch. 985 to be published between January 1 and January 15 of each year in a newspaper having general circulation in the county notifying the public that rabies vaccinations and dog licenses are required under the statutes.
174.052(2)
(2) March notice. The county board of each county shall cause a class 1 notice under
ch. 985 to be published between March 1 and March 15 of each year in a newspaper having general circulation in the county notifying the public that rabies vaccinations and dog licenses are required under the statutes and that late fees may be assessed after April 1.
174.052 History
History: 1979 c. 289.
174.053(1)(1)
Kennel license option. Any person who keeps or operates a kennel may, instead of the license tax for each dog required by this chapter, apply to the collecting official for a kennel license for the keeping or operating of the kennel. Such person shall pay for the license year a license tax of $35 for a kennel of 12 or fewer dogs and an additional $3 for each dog in excess of 12. Upon payment of the required kennel license tax and upon presentation of evidence that all dogs over 5 months of age are currently immunized against rabies, the collecting official shall issue the kennel license and a number of tags equal to the number of dogs authorized to be kept in the kennel.
174.053(2)
(2) Kennel license tags. Kennel license tags shall be made in a form so that they may be readily distinguishable from the individual license tags for the same year. The owner or keeper of a kennel shall keep at all times a kennel license tag attached to the collar of each dog over 5 months old kept by the owner or keeper under a kennel license but this requirement does not apply to a dog during competition or training, to a dog securely confined indoors, to a dog while hunting or to a dog securely confined in a fenced area. These tags may be transferred from one dog to another within the kennel whenever any dog is removed from the kennel. The rabies vaccination tag or substitute tag shall remain attached to the dog for which it is issued at all times but this requirement does not apply to a dog during competition or training, to a dog securely confined indoors, to a dog while hunting or to a dog securely confined in a fenced area. No dog bearing a kennel tag shall be permitted to stray or to be taken anywhere outside the limits of the kennel unless the dog is in leash or temporarily out for the purposes of hunting, breeding, trial, training or competition.
174.053(3)
(3) Applicability of other requirements. Unless clearly inapplicable, all the provisions of this chapter relating to the individual dog license tax, licenses and tags shall apply to the kennel license and tags.
174.054
174.054
Exemption for owners of dogs kept for educational or scientific purposes. Sections 95.21 (2) (a),
174.05 (1) and
174.07 (1) (a) do not apply to a person who owns dogs that are kept only for educational or scientific purposes.
174.054 History
History: 1983 a. 451.
174.055
174.055
Exemption of dogs for blind, deaf and mobility-impaired. Every dog specially trained to lead blind or deaf persons or to provide support for mobility-impaired persons is exempt from the dog license tax and every person owning such a dog shall receive annually a free dog license from the local collecting officer upon application.
174.055 History
History: 1979 c. 247;
1985 a. 67.
174.056
174.056
Dogs for blind, deaf and mobility-impaired admitted to public places. 174.056(1)
(1) No person who is an owner, lessee, proprietor, manager, superintendent, agent or employe of any place of public accommodation, amusement or recreation, including any inn, hotel, restaurant, eating place, barbershop, billiard parlor, store, public conveyance on land or water, theater, motion picture house, public educational institution or elevator, may refuse to permit entrance into, or use of, any such accommodations, if the accommodations are available, to a blind, deaf or mobility-impaired person for the reason that the person is being led by a dog specially trained, or being specially trained, to lead blind or deaf persons or to provide support for mobility-impaired persons, or to the trainer of that kind of dog for the reason that the trainer is accompanied by that kind of dog if:
174.056(1)(a)
(a) Such dog is wearing a harness or a leash and special cape; and
174.056(1)(b)
(b) The person has presented, for inspection, credentials issued by a school for training dogs for the blind, deaf or mobility-impaired.
174.056(2)
(2) Any person violating
sub. (1) may be fined not more than $100 or imprisoned not more than 30 days or both.
174.06(1)(1)
Responsibility to list. Every town, village and city shall annually, by September 1, ascertain by diligent inquiry the dogs owned or kept within the assessment district.
174.06(2)
(2) Listing official; generally. In a city or village the listing official is the municipal clerk, unless the common council or village board provides by ordinance or resolution for the appointment of a different person. In a town, the town board shall designate a person to be the listing official.
174.06(3)
(3) Compensation. A listing official who is not a full-time, salaried municipal employe shall receive as compensation 50 cents for each dog listed, or a greater amount established by the county board by ordinance or resolution, to be audited and allowed by the county board as other claims against the county and to be paid out of the dog license fund. A listing official who is a full-time, salaried municipal employe shall receive this compensation from the county board but shall be required to pay the compensation into the town, village or city treasury.
174.06(4)
(4) Cooperation with listing official. Every person shall answer frankly and fully all questions asked by the listing official relative to the ownership or keeping of dogs within the district.
174.06(5)
(5) Records. The listing official shall enter in the records for personal property assessments, or in a separate record, all dogs in the district subject to tax, to whom they are assessed, the name, number, sex, spayed or unspayed, neutered or unneutered, breed and color of each dog. The listing official shall make in triplicate a list of the owners of all dogs assessed.
174.06(6)
(6) Kennel records. The listing official shall make in triplicate a list of the names of persons owning and operating kennels and the number of dogs kept in each.
174.06(7)
(7) List delivery. The listing official shall, by September 15, deliver one copy of the list under
sub. (5) or
(6) to the county clerk, one copy to the collecting official, and retain one copy for his or her files.
174.06(8)
(8) Assessment or tax roll. Dog licenses need not be entered on any assessment or tax roll other than the lists prepared by the listing official under
subs. (5) and
(6). These lists may be deemed property assessment and tax rolls for all tax collection purposes.
174.065(1)(1)
Collecting official. The collecting official is the city, village or town treasurer or other tax collecting officer or a person deputized by the treasurer or tax collecting official, unless the common council or village or town board provides by ordinance or resolution for the appointment of a different person.
174.065(3)
(3) Collection of delinquent dog license taxes. Delinquent dog license taxes may be collected in the same manner as in
s. 74.55 and
ch. 799 for the collecting of personal property taxes.
174.065 History
History: 1979 c. 289 ss.
14,
24;
1981 c. 285;
1987 a. 378.
174.07
174.07
Dog licenses and collar tags. 174.07(1)(a)(a)
License required. Except as provided in
s. 174.054, a dog license is necessary for the keeping of any dog over 5 months of age.
174.07(1)(b)
(b)
Licenses. Upon payment of the required dog license tax and upon presentation of evidence that the dog is currently immunized against rabies, the collecting official shall complete and issue to the owner a license for the dog bearing a serial number and in the form prescribed by the department stating the date of its expiration, the owner's name and address, and the name, sex, spayed or unspayed, neutered or unneutered, breed and color of the dog.
174.07(1)(c)
(c)
Copies. The collecting official shall keep a duplicate copy of the license on file. In counties having a population of 500,000 or more, the collecting official shall immediately send to the county clerk or whatever agency the county board may direct, a triplicate copy of the license.
174.07(1)(d)
(d)
Tag. After issuing the license the collecting official shall deliver to the owner a tag of durable material bearing the same serial number as the license, the name of the county in which issued and the license year.
174.07(1)(e)
(e)
Tags to be attached. The owner shall securely attach the tag to a collar and a collar with the tag attached shall be kept on the dog for which the license is issued at all times but this requirement does not apply to a dog during competition or training, to a dog securely confined indoors, to a dog while hunting, to a dog securely confined in a fenced area or to a dog while actively involved in herding or controlling livestock if the dog is under the control of its owner.
174.07(1)(f)
(f)
Duplicate tags. A new tag with a new number shall be furnished to the owner by a collecting official in place of the original tag upon presentation of the license. The collecting official shall then endorse the new tag number on the license and shall keep a record in the file.
174.07(2)
(2) Provision and distribution of blanks and tags. 174.07(2)(a)(a) The department shall contract for and have prepared and furnished annually to the county clerk of each county a sufficient number of tags. The cost of making and furnishing the tags and the cost of printing all forms shall be paid by the counties out of the dog license fund.
174.07(2)(b)
(b) The county clerks shall distribute tags and license blanks to the collecting officials in proper amounts together with blank license receipts.
174.07(2)(c)
(c) The department shall provide and the clerk shall distribute triplicate or quadruplicate copy license blanks to any collecting official who makes such a request.
174.07(2)(d)
(d) The department shall furnish county clerks with suitable kennel tags and blank licenses for distribution to the collecting officials.
174.07(3)(a)(a)
Copies. A collecting official shall, at the time of issuing a license, make a complete duplicate upon the stub portion of the license blank before delivering the license. A copy of each license shall be kept in a file maintained by the collecting official. In counties having a population of 500,000 or more, the collecting official shall send immediately to the county clerk or whatever agency the county board may direct an additional copy of the license.
174.07(3)(b)
(b)
Return of tags and licenses. The collecting official shall annually by December 31 return to the county clerk all unused tags of the current license year, together with license books and all duplicate licenses of the current year. The county clerk shall carefully check the returned tags, duplicate licenses, and license blanks to ascertain whether all tags and license blanks which were furnished by the county clerk have been accounted for, and to enable the county clerk to do that the county clerk shall charge each collecting official with all tags and blank licenses furnished or delivered and credit those returned. In case of discrepancy, the county clerk shall notify the department.
