951.09(2)(b)1.
1. Instigates, promotes, aids, or abets the violation as a principal, agent, employee, participant, or spectator.
951.09(2)(b)2.
2. Participates in any earnings from the commission of the violation.
951.09(2)(b)3.
3. Intentionally maintains or allows any place to be used for the commission of the violation.
951.09(3)
(3) This section does not apply to any of the following animals:
951.09(3)(b)
(b) A captive wild bird that is shot, killed, or wounded on a bird hunting preserve licensed under
s. 169.19.
951.09(3)(d)
(d) Animals that are treated in accordance with normally acceptable husbandry practices.
951.09 History
History: 1973 c. 314;
1987 a. 332 s.
54; Stats. 1987 s. 951.09;
2001 a. 56.
951.095
951.095
Harassment of police and fire animals. 951.095(1)
(1) No person may do any of the following to any animal that is used by a law enforcement agency or fire department to perform agency or department functions or duties:
951.095(1)(a)
(a) Frighten, intimidate, threaten, abuse or harass the animal.
951.095(1)(b)
(b) Strike, shove, kick or otherwise subject the animal to physical contact.
951.095(2)
(2) Subsection (1) does not apply to any of the following:
951.095(2)(a)
(a) Any act that is performed by or with the authorization of the animal's handler or rider.
951.095(2)(b)
(b) Any act that is necessary for the training of an animal to perform functions or duties for a law enforcement agency.
951.095 History
History: 1993 a. 192;
1997 a. 27.
951.10
951.10
Sale of baby rabbits, chicks and other fowl. 951.10(1)(1) No person may sell, offer for sale, barter or give away living chicks, ducklings or other fowl unless the person provides proper brooder facilities for the care of such chicks, ducklings or other fowl during the time they are in the person's possession.
951.10(2)
(2) No retailer, as defined in
s. 100.30 (2) (e), may sell, offer for sale, barter or give away living baby rabbits, baby chicks, ducklings or other fowl under 2 months of age in any quantity less than 6 unless in the business of selling these animals for agricultural, wildlife or scientific purposes.
951.11
951.11
Artificially colored animals; sale. No person may sell, offer for sale, raffle, give as a prize or premium, use as an advertising device or display living chicks, ducklings, other fowl or rabbits that have been dyed or otherwise colored artificially.
951.11 History
History: 1973 c. 314;
1987 a. 332 s.
54; Stats. 1987 s. 951.11.
951.13
951.13
Providing proper food and drink to confined animals. No person owning or responsible for confining or impounding any animal may fail to supply the animal with a sufficient supply of food and water as prescribed in this section.
951.13(1)
(1) Food. The food shall be sufficient to maintain all animals in good health.
951.13(2)
(2) Water. If potable water is not accessible to the animals at all times, it shall be provided daily and in sufficient quantity for the health of the animal.
951.13 History
History: 1973 c. 314;
1983 a. 95;
1987 a. 332 s.
54; Stats. 1987 s. 951.13.
951.14
951.14
Providing proper shelter. No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper shelter as prescribed in this section. In the case of farm animals, nothing in this section shall be construed as imposing shelter requirements or standards more stringent than normally accepted husbandry practices in the particular county where the animal or shelter is located.
951.14(1)
(1) Indoor standards. Minimum indoor standards of shelter shall include:
951.14(1)(a)
(a)
Ambient temperatures. The ambient temperature shall be compatible with the health of the animal.
951.14(1)(b)
(b)
Ventilation. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times.
951.14(2)
(2) Outdoor standards. Minimum outdoor standards of shelter shall include:
951.14(2)(a)
(a)
Shelter from sunlight. When sunlight is likely to cause heat exhaustion of an animal tied or caged outside, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight. As used in this paragraph, "caged" does not include farm fencing used to confine farm animals.
951.14(2)(b)1.1. `Animals generally.' Natural or artificial shelter appropriate to the local climatic conditions for the species concerned shall be provided as necessary for the health of the animal.
951.14(2)(b)2.
2. `Dogs.' If a dog is tied or confined unattended outdoors under weather conditions which adversely affect the health of the dog, a shelter of suitable size to accommodate the dog shall be provided.
951.14(3)
(3) Space standards. Minimum space requirements for both indoor and outdoor enclosures shall include:
951.14(3)(a)
(a)
Structural strength. The housing facilities shall be structurally sound and maintained in good repair to protect the animals from injury and to contain the animals.
951.14(3)(b)
(b)
Space requirements. Enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of debility, stress or abnormal behavior patterns.
951.14(4)
(4) Sanitation standards. Minimum standards of sanitation for both indoor and outdoor enclosures shall include periodic cleaning to remove excreta and other waste materials, dirt and trash so as to minimize health hazards.
951.14 History
History: 1973 c. 314;
1987 a. 332 s.
54; Stats. 1987 s. 951.14.
951.15
951.15
Abandoning animals. No person may abandon any animal.
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.
951.18(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 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 I 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 I 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 I felony for the first violation and is guilty of a Class H 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 I 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 H 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 officer or society or county or municipal pound or a law enforcement officer or conservation warden, 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 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. A sentencing court may order that an animal be delivered to the department of natural resources, if the animal is a wild animal that is subject to regulation under
ch. 169 and the court considers the order to be reasonable and appropriate. The society, pound, officer or department of natural resources 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.
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.
