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;
2001 a. 56.
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.
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
A court may only assess reasonable expenses for maintenance of seized animals. State v. Berndt,
161 Wis. 2d 116,
467 N.W.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.
173.27 Cross-reference
Cross Reference: See also ch.
ATCP 15, Wis. adm. code.
173.40
173.40
Pet dealers, pet breeders, kennels, and animal shelters. 173.40(1)(a)
(a) "Adequate food" means wholesome food that is accessible to an animal, is appropriate for the type of animal, and is sufficient in amount to maintain the animal in good health.
173.40(1)(b)
(b) "Adequate water" means potable water that is accessible to an animal and is sufficient in amount to maintain the animal in good health.
173.40(1)(c)
(c) "Animal shelter" means any of the following:
173.40(1)(c)1.
1. A facility that is used to impound or harbor at least 25 seized, stray, abandoned, or unwanted dogs, cats, or other animals in a year and that is operated by this state, a political subdivision, or a veterinarian licensed under
ch. 453.
173.40(1)(c)2.
2. A facility that is operated for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals, that is used to shelter at least 25 animals in a year, and that is operated by a humane society, an animal welfare society, or a nonprofit association.
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.
