CHAPTER 174
DOGS
174.01 Restraining action against dogs.
174.02 Owner's liability for damage caused by dog; penalties; court order to kill a dog.
174.042 Dogs running at large and untagged dogs subject to impoundment; penalties.
174.052 Publication of the dog license requirement and rabies vaccination requirement.
174.053 Multiple dog licenses.
174.054 Exemption for owners of dogs kept for educational or scientific purposes.
174.055 Exemption of dogs for blind, deaf and mobility-impaired.
174.056 Dogs for blind, deaf and mobility-impaired admitted to public places.
174.07 Dog licenses and collar tags.
174.08 License fees paid to county treasurer.
174.09 Dog license fund; how disposed of and accounted for.
174.10 Dog licensing in populous counties.
174.11 Claims for damage by dogs to domestic animals including ranch mink.
174.12 Actions against owners.
174.13 Humane use of dogs for scientific or educational purposes.
174.001
174.001
Definitions. As used in this chapter, unless the context indicates otherwise:
174.001(1)
(1) "Collar" means a band, strip or chain placed around the neck of a dog.
174.001(2)
(2) "Department" means the department of agriculture, trade and consumer protection.
174.001(2g)
(2g) "Domestic animal" includes livestock, dogs and cats.
174.001(2j)
(2j) "Intergovernmental commission" means an intergovernmental commission formed by contract under
s. 66.0301 (2) by all of the municipalities in a county with a population of 500,000 or more for the purpose of providing animal control services.
174.001(3)
(3) "Livestock" means any horse, bovine, sheep, goat, pig, llama, alpaca, domestic rabbit, farm-raised deer, as defined in
s. 95.001 (1) (ag), or domestic fowl, including any farm-raised game bird, as defined in
s. 169.01 (12m).
174.001(5)
(5) "Owner" includes any person who owns, harbors or keeps a dog.
174.001 Annotation
The casual presence of a dog on someone's property does not make that person a "keeper." "Harboring" a dog means to afford it lodging, to shelter it, or give it refuge; it does not include the transient presence in one's home of another's dog. Pattermann v. Pattermann,
173 Wis. 2d 143,
496 N.W.2d 613 (Ct. App. 1992).
174.01
174.01
Restraining action against dogs. 174.01(1)(a)(a) Except as provided in
par. (b), a person may intentionally kill a dog only if a person is threatened with serious bodily harm by the dog and:
174.01(1)(b)
(b) A person may intentionally kill a dog if a domestic animal that is owned or in the custody of the person is threatened with serious bodily harm by the dog and the dog is on property owned or controlled by the person and:
174.01(2)
(2) Inapplicable to officers, veterinarians and persons killing their own dog. This section does not apply to an officer acting in the lawful performance of his or her duties under
s. 29.931 (2) (b),
95.21,
173.23 (1m) (c),
(3) or
(4) or
174.02 (3), or to a veterinarian killing a dog in a proper and humane manner or to a person killing his or her own dog in a proper and humane manner.
174.01(3)
(3) Liability and penalties. A person who violates this section:
174.01(3)(a)
(a) Is liable to the owner of the dog for double damages resulting from the killing;
174.01(3)(c)
(c) May be subject to prosecution, depending on the circumstances of the case, under
s. 951.02.
174.02
174.02
Owner's liability for damage caused by dog; penalties; court order to kill a dog. 174.02(1)(a)(a)
Without notice. Subject to
s. 895.045 and except as provided in
s. 895.57 (4), the owner of a dog is liable for the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property.
174.02(1)(b)
(b)
After notice. Subject to
s. 895.045 and except as provided in
s. 895.57 (4), the owner of a dog is liable for 2 times the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property if the owner was notified or knew that the dog previously injured or caused injury to a person, domestic animal or property.
174.02(2)
(2) Penalties imposed on owner of dog causing damage. 174.02(2)(a)(a)
Without notice. The owner of a dog shall forfeit not less than $50 nor more than $500 if the dog injures or causes injury to a person, domestic animal, property, deer, game birds or the nests or eggs of game birds.
174.02(2)(b)
(b)
After notice. The owner of a dog shall forfeit not less than $200 nor more than $1,000 if the dog injures or causes injury to a person, domestic animal, property, deer, game birds or the nests or eggs of game birds, if the owner was notified or knew that the dog previously injured or caused injury to a person, domestic animal, property, deer, game birds or the nests or eggs of game birds.
174.02(2)(c)
(c)
Penalties in addition to liability for damages. The penalties in this subsection are in addition to any other liability imposed on the owner of a dog.
174.02(3)(a)(a) The state or any municipality may commence a civil action to obtain a judgment from a court ordering an officer to kill a dog. The court may grant the judgment if the court finds both of the following:
174.02(3)(a)1.
1. The dog caused serious injury to a person or domestic animal on 2 separate occasions off the owner's property, without reasonable cause.
174.02(3)(a)2.
2. The owner of the dog was notified or knew prior to the 2nd injury, that the dog caused the first injury.
