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951.01. Definitions
In this chapter:
(1) "Animal" includes every living:
(a) Warm-blooded creature, except a human being;
(b) Reptile; or
(c) Amphibian.
(2) "Cruel" means causing unnecessary and excessive pain or suffering or
unjustifiable injury or death.
(3) "Farm animal" means any warm-blooded animal normally raised on farms in the
United States and used or intended for use as food or fiber.
(3e) "Humane officer" means an officer appointed under s. 173.03.
(3f) "Fire department" includes a volunteer fire department and a department
under s. 61.66.
(3m) "Law enforcement agency" has the meaning given in s. 165.83(1)(b).
(4) "Law enforcement officer" has the meaning assigned under s. 967.02 (5) but
does not include a conservation warden appointed under s. 23.10.In this chapter: (1)
"Animal" includes every living:
951.015. Construction and application
This chapter may not be interpreted as controverting any law regulating the
taking of a wild animal as defined in s. 29.001 (90), the trapping of animals, the use of
live animals in dog trials or in the training of hunting dogs or the slaughter of animals
by persons acting under state or federal law.
951.02. Mistreating animals
No person may treat any animal, whether belonging to the person or another, in a cruel
manner. This section does not prohibit bona fide experiments carried on for scientific
research or normal and accepted veterinary practices.
951.025. Decompression prohibited
No person may kill an animal by means of decompression.
951.04. Leading animal from motor vehicle
No person shall lead any animal upon a highway from a motor vehicle or from a trailer or
semitrailer drawn by a motor vehicle.
951.05. Transportation of animals
No person may transport any animal in or upon any vehicle in a cruel manner.
951.06. Use of poisonous and controlled substances
No person may expose any domestic animal owned by another to any known poisonous substance
, any controlled substance included in schedule I, II, III, IV or V of ch. 961, or any
controlled substance analog of a controlled substance included in schedule I or II of ch.
961, whether mixed with meat or other food or not, so that the substance is liable to be
eaten by the animal and for the purpose of harming the animal. This section shall not
apply to poison used on one's own premises and designed for the purpose of rodent or pest
extermination nor to the use of a controlled substance in bona fide experiments carried on
for scientific research or in accepted veterinary practices.
951.07. Use of certain devices prohibited
No person may directly or indirectly, or by aiding, abetting or permitting the doing
thereof, either put, place, fasten, use or fix upon or to any animal used or readied for
use for a work purpose or for use in an exhibition, competition, rodeo, circus or other
performance, any of the following devices: a bristle bur, tack bur or like device; or a
poling device used to train a horse to jump which is charged with electricity or to which
have been affixed nails, tacks or other sharp points.
951.095. Harassment of police animals
(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 functions or duties:
(a) Frighten, intimidate, threaten, abuse or harass the animal.
(b) Strike, shove, kick or otherwise subject the animal to physical contact.
(c) Strike the animal by using a dangerous weapon.
(2) Subsection (1) does not apply to any of the following:
(a) Any act that is performed by or with the authorization of the animal's handler or rider.
(b) Any act that is necessary for the training of an animal to perform functions or duties for a law enforcement agency.
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.
(1) Food. The food shall be sufficient to maintain all animals in good health.
(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.
951.14. 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.
(1) Indoor standards. Minimum indoor standards of shelter shall include:
(a) Ambient temperatures. The ambient temperature shall be compatible with the health of the animal.
(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.
(2) Outdoor standards. Minimum outdoor standards of shelter shall include:
(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.
(b) Shelter from inclement weather. 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.
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.
(3) Space standards. Minimum space requirements for both indoor and outdoor enclosures shall include:
(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.
(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.
(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.
951.15. Animals; neglected or abandoned; police powers
No person may abandon any animal.
951.18. Penalties
(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.
(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.
(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.
(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.
(4) In addition to penalties applicable to this chapter under this section:
(a)1. In this paragraph, "pecuniary loss" has the meaning described in s.
943.245(1).
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.
(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.
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).
(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.
POLICE REGULATIONS
CHAPTER 173. ANIMALS; HUMANE OFFICERS
173.01. Definitions
In this chapter:
(1) "Department" means the department of agriculture, trade and consumer
protection.
(2) "Law enforcement officer" has the meaning given in s. 165.85 (2)(c).
(3) "Political subdivision" means a city, village, town or county.
173.03. Appointment of humane officer
(1) Appointment. The governing body of any political subdivision may appoint one or more
humane officers. The governing body of a political subdivision shall report all
appointments and terminations of appointments of humane officers to the department.
(2) Ordinance. Before, or at the time of, appointing a humane officer under sub. (1), the
governing body making the appointment shall enact an ordinance that designates one or more
officials of the political subdivision who may modify or withdraw abatement orders issued
under s. 173.11 by humane officers appointed by the political subdivision.
(3) Jurisdiction. A humane officer appointed by a city, village or town shall carry out
his or her duties within the boundaries of the city, village or town. A humane officer
appointed by a county shall carry out his or her duties throughout the county, other than
within the boundaries of a city or village whose governing body adopts a resolution
withdrawing from county enforcement of humane laws and transmits a copy of the resolution
to the county.
173.05. Certification required
(1)(a) Any person appointed as a humane officer under s. 173.03 on or after the effective
date of this paragraph ... [revisor inserts date], shall, before appointment or by the
applicable deadline established under s. 173.27 (1)(b), complete a course of training
approved by the department, except as provided in par. (b) or (c), and receive
certification under s. 173.27 (3).
(b) A person to whom par. (a) applies who is a veterinarian licensed under ch. 453 is not
required to complete a course of training approved by the department if he or she takes an
examination given by the department and passes the examination on the first attempt.
(c) A person to whom par. (a) applies who is certified or otherwise approved as a humane
officer by another state is not required to complete a course of training approved by the
department if he or she takes an examination given by the department and passes the
examination on the first attempt.
(2)(a) A person appointed as a humane officer before the effective date of this paragraph
... [revisor inserts date], shall complete a course of training approved by the
department, except as provided in par. (b), and shall receive certification under s.
173.27 (3) by the applicable deadline established under s. 173.27 (1)(b).
(b) A person to whom par. (a) applies is not required to complete a course of training
approved by the department if he or she takes an examination given by the department and
passes the examination on the first attempt.
(3) The governing body of a political subdivision that appoints a humane officer who fails
to obtain certification within the required time shall terminate the appointment.
173.07. Powers and duties of humane officers
(1) Enforcement. A humane officer shall enforce s. 95.21, this chapter, chs. 174 and 951
and ordinances relating to animals enacted by political subdivisions in which the humane
officer has jurisdiction under s. 173.03 (3).
(2) Investigation. A humane officer shall investigate alleged violations of statutes and
ordinances relating to animals and, in the course of the investigations, may execute
inspection warrants under s. 66.122.
(3) Seek subpoenas. A humane officer may request the district attorney for the county to
obtain subpoenas to compel testimony and obtain documents in aid of investigations.
|(4) Issue citations. If authorized by the appointing political subdivision, a humane
officer shall issue citations under s. 66.119 for violations of ordinances relating to
animals.
(4m) Request prosecutions. A humane officer may request law enforcement officers and
district attorneys to enforce and prosecute violations of state law and may cooperate in
those prosecutions.
(5) Prohibited actions. Unless also a law enforcement officer, a humane officer may not in
the course of his or her duties do any of the following:
(a) Execute a search warrant.
(b) Carry firearms.
(c) Stop or arrest persons.
(d) Stop, search or detain vehicles, except under an inspection warrant under s. 66.122.
(e) Enter any place or vehicle by force or without the consent of the owner, except in an
emergency occasioned by fire or other circumstance in which that entry is reasonable and
is necessary to save an animal from imminent death or a person from imminent death or
injury.
(f) Remove any animal from the custody of another person by force.
(6) Conflict of interest prohibited. No humane officer may sell or otherwise dispose of
any animal that came into the humane officer's custody in the course of his or her duties.
173.09. Investigations
In the course of investigation of suspected violations of statutes or ordinances, a humane
officer may enter any building, vehicle or place where animals may be present for the
purpose of inspection, examination of animals or the gathering of evidence. If the
building, vehicle or place to be entered is not public, and consent of the owner or person
in charge is not obtained, entry shall be under authority of a special inspection warrant
issued under s. 66.122 or a search warrant.
173.10. 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.
173.11. Abatement of violations
(1) Issuance of order. If a humane officer or law enforcement officer after investigation
has reasonable grounds to believe that a violation of a statute or ordinance is occurring
and the violation is causing or has the potential to cause injury to an animal, the humane
officer or law enforcement officer may issue and serve an order of abatement directed to
named persons. An official designated in an ordinance under s. 173.03 (2) may not
participate in the decision to issue the order or in any activity leading to that
decision.
(1m) Content of order. An abatement order issued under sub. (1) shall contain all of the
following:
(a) The name and address of the person to whom directed.
(b) The statute or ordinance alleged to be violated.
(c) A prohibition on further violations.
(d) A description of measures necessary to correct the alleged violation.
(e) A description of the hearing and appeal provisions under subs. (2) and (4).
(2) Hearing. Any person named in an abatement order issued under sub. (1) may, within the
10-day period following service of the order, request a hearing before an official
designated in an ordinance under s. 173.03 (2). The hearing shall be held within 10 days
after the request is made, unless the requester agrees to a later date. The hearing shall
be informal in nature.
(3) Decision. Within 10 days after a hearing under sub. (2), the official who conducts the
hearing shall affirm the order, modify and affirm the order or withdraw the order.
(4) Appeal. Any person adversely affected by a decision under sub. (3) may seek judicial
review by commencing an action in circuit court within 30 days after the day that the
decision is issued.
173.13. Taking custody of animals
(1) Intake. (a) A humane officer, on behalf of a political subdivision in which the humane
officer has jurisdiction under s. 173.03(3), or a law enforcement officer, on behalf of a
political subdivision, may take custody of an animal if the humane officer or law
enforcement officer has reasonable grounds to believe that the animal is one of the
following:
1. An abandoned or stray animal.
2. An unwanted animal delivered to the humane officer or law enforcement officer.
3. A dog not tagged as required by ch. 174.
4. An animal not licensed in compliance with any ordinance.
5. An animal not confined as required by a quarantine order under any statute, rule or
ordinance relating to the control of any animal disease.
6. An animal that has caused damage to persons or property.
7. A participant in an animal fight intentionally instigated by any person.
8. An animal mistreated in violation of ch. 951.
9. An animal delivered by a veterinarian under sub. (2).
(b) A humane officer shall accept into custody any animal delivered by a law enforcement
officer or delivered under a court order.
(c) A person other than a humane officer or a law enforcement officer may not take an
animal into custody on behalf of a political subdivision unless the animal is an abandoned
or stray animal. If a person other than a humane officer or a law enforcement officer
takes custody of an abandoned or stray animal on behalf of a political subdivision, he or
she shall deliver the animal to a person contracting under s. 173.15 (1), to a humane
officer or law enforcement officer for disposition under s. 173.23 or to a pound.
(2) Delivery of animal by veterinarian. (a) A humane officer or law enforcement officer or
a person contracting under s. 173.15 (1) may accept an animal delivered by a veterinarian,
or his or her employee, if the animal has not been picked up by its owner and all of the
following apply:
1. The veterinarian notified the owner of the animal by certified mail, return receipt
requested, that the animal was ready to be picked up and that the animal would be
delivered to a humane officer if not picked up within 7 days.
2. The veterinarian retained the animal for 7 days after the day on which the return
receipt was signed or until the letter was returned to the veterinarian as undeliverable.
3. The veterinarian certifies in writing to the humane officer or law enforcement officer
that subds. 1. and 2 apply.
(b) If an animal is accepted under par. (a), the veterinarian shall provide the person
accepting the animal with any requested records concerning the animal's ownership, health
or licensure.
(3) Notification of owner. (a) If a humane officer or law enforcement officer takes
custody of an animal with the knowledge of the owner, the humane officer or law
enforcement officer shall explain the procedure by which the owner can recover the animal,
including the procedure under s. 173.22, and the procedure to be followed if the animal is
not returned to the owner.
(b) If a humane officer or law enforcement officer takes custody of an animal without the
knowledge of the owner, the humane officer or law enforcement officer shall promptly
notify the owner in writing if he or she can be identified and located with reasonable
effort. The notice shall explain the procedure by which the owner can recover the animal,
including the procedure under s. 173.22, and the procedure to be followed if the animal is
not returned to the owner. The notice shall also inform the owner that the owner must
notify any person with a lien on the animal that the animal has been taken into custody.
(c) If the owner informs the humane officer or law enforcement officer in writing that he
or she will not claim the animal, it may be treated as an unclaimed animal under s. 173.23
(1m).
173.15. Provision of care, treatment or disposal services
(1) Providing services. A political subdivision may provide for the care, treatment or
disposal of animals taken into custody by a humane officer or law enforcement officer. A
political subdivision may provide these services directly or by contracting with any other
person. A political subdivision may establish standard fees for the care, custody and
treatment of animals in its custody. The political subdivision may establish different
fees for animals released to their owners and animals released to persons other than their
owners. If the political subdivision does not establish standard fees, it may charge no
more than the actual costs of care, custody or treatment to any person required to pay for
the care, custody or treatment of an animal.
(2) Contract for services Every person entering into a contract with a political
subdivision under sub. (1) shall agree to do all of the following:
(a) Provide adequate care and treatment of all animals delivered under the contract.
(b) Maintain adequate records consistent with s. 173.17.
(c) Release or dispose of animals under s. 173.23 or as provided in a court order.
173.17. Records
A humane officer or law enforcement officer taking custody of an animal on behalf of a
political subdivision shall maintain, or require any person to whom the animal is
delivered under a contract under s. 173.15 (1) to maintain, as appropriate, records for
each animal containing the following information:
(1) A physical description of the animal.
(2) The date that custody was taken of the animal, the date that the animal was delivered
into the possession of another person and the identity of the person to whom delivered.
(3) The reason for taking custody of the animal.
(4) The ultimate disposition of the animal, including the name and address of any person
into whose custody the animal was ultimately released.
173.21. Holding animals for cause
(1) Grounds. A political subdivision may withhold, or direct a person contracting under s.
173.15 (1) to withhold, an animal in custody from an owner who makes an otherwise adequate
claim for the animal under s. 173.23 (1) on any of the following grounds:
(a) There are reasonable grounds to believe that the owner has mistreated the animal in
violation of ch. 951.
(b) There are reasonable grounds to believe that the animal poses a significant threat to
public health, safety or welfare.
(c) The animal may be used as evidence in a pending prosecution.
(d) A court has ordered the animal withheld for any reason.
(2) Examination permitted. If an animal is withheld under sub. (1), upon request by the
owner, a veterinarian retained by the owner may examine the animal.
(3) Costs. The owner of an animal withheld under sub. (1) is not liable for any costs of
custody, care or treatment except as provided by court order.
(4) Return. A political subdivision or person contracting under s. 173.15 (1) having
custody of an animal withheld under sub. (1) shall release the animal to the owner at the
direction of the humane officer or law enforcement officer that took custody of the animal
if the requirements of s. 173.23 (1)(a) to (c) are satisfied.
173.22. Review of seizure or withholding
(1) Petition. A person claiming that an animal that he or she owns was improperly
taken into custody under s. 173.13 (1)(a)3., 4., 5., 6. or 8. or is wrongfully withheld
under s. 173.21 (1) may seek return of the animal by petitioning for an order from the
circuit court for the county in which the animal was taken into custody or in which it is
held.
(2) Notice and hearing. The court shall provide notice of a petition under sub. (1) to the
humane officer or law enforcement officer who took the animal into custody or to the
political subdivision that withheld the animal and shall hold a hearing on the issue of
whether the animal was improperly taken into custody or is wrongfully withheld.
(3) Order. (a) If the animal was taken into custody under s. 173.13 (1)(a)8. or is
withheld under s. 173.21 (1), the court shall order the animal returned to the owner
unless it determines that one of the following conditions is satisfied:
1. There are reasonable grounds to believe that the owner has mistreated the animal in
violation of ch. 951.
2. There are reasonable grounds to believe that the animal poses a significant threat to
public health, safety or welfare.
3. The animal may be used as evidence in a pending prosecution.
4. A court has ordered the animal withheld for any reason.
(b) If the animal was taken into custody under s. 173.13 (1)(a)3., the court shall order
the animal returned to its owner if the court determines that the animal was tagged or was
not required to be tagged under ch. 174.
(c) If the animal was taken into custody under s. 173.13 (1)(a)4., the court shall order
the animal returned to its owner if the court determines that the animal was licensed or
was not required to be licensed.
(d) If the animal was taken into custody under s. 173.13 (1)(a)5., the court shall order
the animal returned to its owner if the court determines that the animal was not subject
to a quarantine order or was confined as required by a quarantine order.
(e) If the animal was taken into custody under s. 173.13 (1)(a)6., the court shall order
the animal returned to its owner if the court determines that the animal did not cause
damage to persons or property.
173.23. Disposition of animals
(1) Claim and return. Except as provided in sub. (4) or s. 173.21 (1), a political
subdivision or person contracting under s. 173.15 (1) shall return an animal described in
s. 173.13 (1)(a)1., 3., 4., 6., 8. or 9. to its owner upon the happening of all of the
following:
(a) The owner claims the animal and provides reasonable evidence of ownership.
(b) If licensure is required by statute or ordinance, the animal is licensed or assurance
of licensure by prepayment is given.
(c) If vaccination is required by statute or ordinance, the animal is vaccinated or
assurance of vaccination by prepayment is given.
(d) All charges for custody, care, vaccination and treatment are paid.
(1m) Unclaimed animals. A political subdivision or a person contracting under s. 173.15
(1) that has custody of an animal considered unclaimed under sub. (5)(c) or (6) or s.
173.13 (3)(c) or 173.19 or an unwanted animal may do any of the following:
(a) Release the animal to any person other than the owner if all of the following apply:
1. The person provides his or her name and address.
2. If licensure is required by statute or ordinance, the animal is licensed or assurance
of licensure is given by evidence of prepayment.
3. If vaccination is required by statute or ordinance, the animal is vaccinated or
assurance of vaccination is given by evidence of prepayment.
4. Any charges imposed by the political subdivision or person contracting under s. 173.15
(1) for custody, care, vaccination and treatment are paid or waived.
(b) If the animal is not a dog or cat, sell the animal at public auction, including sale
at a licensed livestock market.
(c) Euthanize the animal.
(d) If the animal is a stray or abandoned dog, release the dog under s. 174.13.
(1s) Proceeds of sale. If the owner of an animal sold under sub. (1m)(b) files a claim and
provides proof of ownership within 30 days after the sale, the sale proceeds, less the
cost of custody, care, treatment and sale, shall be returned to the owner.
(2) Animals not returned to owner. If an animal in the custody of a political subdivision,
other than an animal to which sub. (1m) applies, is not returned to the owner under sub.
(1) or (5)(b) or s. 173.12 (2), 173.21 (4) or 173.22 or disposed of under sub. (4) or
(5)(a) or s. 173.12 (3), it shall be disposed of under a court order under sub. (3) or s.
951.18 (4).
(3) Court order. (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):
1. Providing for payment for the custody, care or treatment of the animal.
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.
3. Authorizing the sale, destruction or other disposal of the animal.
(b) The petition shall set forth the basis for the petitioned-for relief.
(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.
(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.
(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.
(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:
(a) The animal is hopelessly injured beyond any reasonable chance of recovery.
(b) The animal poses an imminent threat to public health or safety.
(c) The animal poses an imminent threat to the health or safety of itself or its
custodian.
(5) Animal not confined as required by quarantine order. (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.
(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.
(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).
(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.
(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).
173.24. Reimbursement for expenses
(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.
(2) Expenses covered under this section include:
(a) Investigative expenses of any search under s. 173.10 or any seizure under this
chapter.
(b) Any fees of a doctor of veterinary medicine.
(c) Expenses of taking any animal into custody under this chapter, including expenses
reasonably incident to taking the animal into custody.
(d) Expenses of keeping or disposing of any animal taken into custody.
(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.
173.25. 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.
173.27. Duties of the department
The department shall do all of the following:
(1) Rules. (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.
(b) Adopt, by rule, deadlines by which humane officers must obtain certification.
(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.
(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.
(4) Registry of humane officers. Maintain and keep current a registry of all persons
serving as humane officers for political subdivisions.
Amended in 1997, 1999.
Reviewed by AAHS in September 2001.
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