951.15(4)
(4) Whenever in the opinion of any such officer an animal is hopelessly injured or diseased so as to be beyond the probability of recovery it shall be lawful for such officer to kill such animal and the owner thereof shall not recover damages for the killing of such animal unless the owner shall prove that such killing was unwarranted.
951.15 History
History: 1973 c. 314 ss.
1,
6;
1977 c. 173;
1987 a. 332 s.
54; Stats. 1987 s. 951.15;
1993 a. 486;
1997 a. 192.
951.16
951.16
Investigation of cruelty complaints. A person may apply for a search warrant under
s. 968.12 if there is reason to believe that a violation of this chapter has taken place or is taking place. If the court is satisfied that probable cause exists, it shall issue a search warrant directing a law enforcement officer in the county to proceed immediately to the location of the alleged violation with a doctor of veterinary medicine, if the court determines that a veterinarian is necessary for purposes of the search, and directing the law enforcement officer to search the place designated in the warrant, retaining in his or her custody subject to the order of the court such property or things as are specified in the warrant, including any animal. The warrant shall be executed and returned to the court which issued the warrant in accordance with
ss. 968.15 and
968.17. This section shall not affect other powers and duties of law enforcement officers.
Effective date note
NOTE: Section 951.16 is amended and renumbered s. 173.10 eff. 12-1-99 by
1997 Wis. Act 192.
951.16 History
History: 1973 c. 314;
1977 c. 449;
1987 a. 332 s.
54; Stats. 1987 s. 951.16;
1995 a. 90;
1997 a. 192.
951.162
951.162
Reports of animal fighting. Any veterinarian who has reason to believe that an animal has been in a fight in violation of
s. 951.08 shall report the matter to the local humane officer or society or county or municipal pound or to a local law enforcement agency. The report shall be in writing and shall include a description and the location of the animal, any injuries suffered by the animal and the name and address of the owner or person in charge of the animal, if known. The general penalty provisions under
s. 939.61 do not apply to this section.
Effective date note
NOTE: Section 951.162 (title) is repealed and s. 951.162 is amended and renumbered s. 173.12 (1), all eff. 12-1-99 by
1997 Wis. Act 192.
951.162 History
History: 1981 c. 160;
1987 a. 248;
1987 a. 332 ss.
54,
64; Stats. 1987 s. 951.162;
1997 a. 192.
951.165
951.165
Animal fighting; seizure. 951.165(1)
(1) If an animal has been seized because it is alleged that the animal has been used in or constitutes evidence of any crime specified in
s. 951.08, the animal shall not be returned to the owner by an officer under
s. 968.20 (2). In any hearing under
s. 968.20 (1), the court shall determine if the animal is needed as evidence or there is reason to believe that the animal has participated or been trained for fighting. If the court makes such a finding, the animal shall be retained in custody under
s. 951.16.
951.165(2)
(2) If the charges under
s. 951.08 are dismissed or if the owner is found not guilty of a crime specified in
s. 951.08, the animal shall be returned to the owner unless he or she is subject to the restrictions under
s. 951.08 (2m).
951.165(3)(a)(a) If the owner is convicted under
s. 951.08 or is subject to the restrictions under
s. 951.08 (2m), the animal shall be delivered to the local humane society or county or municipal pound. If the animal is one year old or older or shows indication of having participated in fighting, the animal shall be disposed of in a proper and humane manner.
951.165(3)(b)
(b) If the animal is less than one year old and shows no indication of having participated in fighting, the animal shall be released to a person other than the owner or disposed of in a proper and humane manner. If the animal is a dog, the release or disposal shall be in accordance with
s. 174.046 (8) or
(9), except
s. 174.046 (8) (a) does not apply and the fees under
s. 174.046 (8) (d) are covered under
s. 951.17.
Effective date note
NOTE: Section 951.165 is amended and renumbered s. 173.12 (title), (1m), (2) and (3) all eff. 12-1-99 by
1997 Wis. Act 192.
951.165 History
History: 1981 c. 160;
1983 a. 95;
1987 a. 248;
1987 a. 332 ss.
54,
64; Stats. 1987 s. 951.165;
1997 a. 192.
951.17
951.17
Reimbursement for expenses. 951.17(1)
(1) A court shall assess the expenses under this section in any case in which there has been a search authorized under
s. 951.16 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 this chapter.
951.17(2)
(2) Expenses covered under this section include:
951.17(2)(a)
(a) Investigative expenses of any search under
s. 951.16 or any seizure under this chapter.
951.17(2)(b)
(b) Any fees of a doctor of veterinary medicine.
951.17(2)(c)
(c) Expenses of taking any animal into custody under this chapter, including expenses reasonably incident to taking the animal into custody.
951.17(2)(d)
(d) Expenses of keeping or disposing of any animal taken into custody.
951.17(3)
(3) If the person alleged to have violated this chapter 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 951.17 is amended and renumbered s. 173.24 eff. 12-1-99 by
1997 Wis. Act 192.
951.17 History
History: 1973 c. 314;
1983 a. 95;
1987 a. 332 ss.
54,
64; Stats. 1987 s. 951.17;
1997 a. 192.
951.17 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).
951.18(1)(1) Any person violating
s. 951.02,
951.025,
951.03,
951.04,
951.05,
951.06,
951.07,
951.09,
951.10,
951.11,
951.13,
951.14 or
951.15 (1) is subject to a Class C forfeiture. Any person who intentionally or negligently violates any of those sections is guilty of a Class A misdemeanor. Any person who intentionally violates
s. 951.02, resulting in the mutilation, disfigurement or death of an animal, is guilty of a Class E felony. Any person who intentionally violates
s. 951.02 or
951.06, knowing that the animal that is the victim is used by a law enforcement agency to perform agency functions or duties and causing injury to the animal, is guilty of a Class E felony.
Effective date note
NOTE: Sub. (1) is amended eff. 12-1-99 by
1997 Wis. Act 192 to read:
Effective date text
(1) Any person violating s. 951.02, 951.025, 951.03, 951.04, 951.05, 951.06, 951.07, 951.09, 951.10, 951.11, 951.13, 951.14 or 951.15 is subject to a Class C forfeiture. Any person who violates any of these provisions within 3 years after a humane officer issues an abatement order under s. 173.11 prohibiting the violation of that provision is subject to a Class A forfeiture. Any person who intentionally or negligently violates any of those sections is guilty of a Class A misdemeanor. Any person who intentionally violates s. 951.02, resulting in the mutilation, disfigurement or death of an animal, is guilty of a Class E felony. Any person who intentionally violates s. 951.02 or 951.06, knowing that the animal that is the victim is used by a law enforcement agency to perform agency functions or duties and causing injury to the animal, is guilty of a Class E felony.
951.18(2)
(2) Any person who violates
s. 951.08 (2m) or
(3) is guilty of a Class A misdemeanor. Any person who violates
s. 951.08 (1) or
(2) is guilty of a Class E felony for the first violation and is guilty of a Class D felony for the 2nd or subsequent violation.
951.18(2m)
(2m) Any person who violates
s. 951.095 is subject to a Class B forfeiture. Any person who intentionally or negligently violates
s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties, is guilty of a Class A misdemeanor. Any person who intentionally violates
s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties and causing injury to the animal, is guilty of a Class E felony. Any person who intentionally violates
s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties and causing death to the animal, is guilty of a Class D felony.
951.18(3)
(3) In addition to penalties applicable to this chapter under this section, a district attorney may apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating this chapter.
951.18(4)
(4) In addition to penalties applicable to this chapter under this section:
951.18(4)(a)2.
2. A sentencing court shall require a criminal violator to pay restitution to a person, including any local humane society or county or municipal pound or a law enforcement officer, for any pecuniary loss suffered by the person as a result of the crime, including expenses in keeping any animal that is involved in the crime. This requirement applies regardless of whether the criminal violator is placed on probation under
s. 973.09. If restitution is ordered, the court shall consider the financial resources and future ability of the criminal violator to pay and shall determine the method of payment. Upon the application of any interested party, the court shall schedule and hold an evidentiary hearing to determine the value of any pecuniary loss under this paragraph.
Effective date note
NOTE: Subd. 2. is amended eff. 12-1-99 by
1997 Wis. Act 192 to read:
Effective date text
2. A sentencing court shall require a criminal violator to pay restitution to a person, including any local humane officer or society or county or municipal pound or a law enforcement officer, for any pecuniary loss suffered by the person as a result of the crime, including expenses in keeping any animal that is involved in the crime. This requirement applies regardless of whether the criminal violator is placed on probation under s. 973.09. If restitution is ordered, the court shall consider the financial resources and future ability of the criminal violator to pay and shall determine the method of payment. Upon the application of any interested party, the court shall schedule and hold an evidentiary hearing to determine the value of any pecuniary loss under this paragraph.
951.18(4)(b)1.1. A sentencing court may order that an animal be delivered to the local humane society or the county or municipal pound or to a law enforcement officer if a person commits a crime under this chapter, the person is the owner of the animal that is involved in the crime and the court considers the order to be reasonable and appropriate. The society, pound or officer shall release the animal to a person other than the owner or dispose of the animal in a proper and humane manner. If the animal is a dog, the release or disposal shall be in accordance with
s. 174.046 (8) or
(9), except
s. 174.046 (8) (a) does not apply and the fees under
s. 174.046 (8) (d) do not apply if the expenses are covered under
s. 951.17. If the animal is not a dog, the society, pound or officer may charge a fee for the release of the animal.
Effective date note
NOTE: Par. (b) is amended eff. 12-1-99 by
1997 Wis. Act 192 to read:
Effective date text
(b) 1. A sentencing court may order that an animal be delivered to the local humane officer or society or the county or municipal pound or to a law enforcement officer if a person commits a crime under this chapter, the person is the owner of the animal that is involved in the crime and the court considers the order to be reasonable and appropriate. The society, pound or officer shall release the animal to a person other than the owner or dispose of the animal in a proper and humane manner. If the animal is a dog, the release or disposal shall be in accordance with s. 173.23 (1m), except that the fees under s. 173.23 (1m) (a) 4. do not apply if the expenses are covered under s. 173.24. If the animal is not a dog, the society, pound or officer may charge a fee for the release of the animal.
Effective date text
2. If the court is sentencing a person covered under s. 173.12 (3) (a) and an animal has been seized under s. 173.12, the court shall act in accordance with s. 173.12 (3).
951.18(4)(c)
(c) Except as provided in
s. 951.08 (2m), a sentencing court may order that the criminal violator may not own, possess or train any animal or type or species of animal for a period specified by the court, but not to exceed 5 years. In computing the time period, time which the person spent in actual confinement serving a sentence shall be excluded.
