reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 171 - Unclaimed property. › 171.08 - Restored to donors or applied to charity.

171.08
Restored to donors or applied to charity.
Whenever, upon the occurrence of a cyclone, conflagration or like calamity, 5 or more persons contribute moneys to a common fund for the relief of the sufferers by such calamity the surplus money, if exceeding $25 in amount, remaining unexpended for such purpose in the hands of any person authorized to receive and disburse the money after the expiration of 6 months from the date of the calamity shall be disposed of as provided in this section. Within 10 days after the expiration of such 6 months the person having possession of the surplus shall make and cause to be published a complete itemized statement of all moneys paid into the fund, all disbursements therefrom and the amount of the unexpended balance. The publication shall be made as a class 1 notice, under ch. 985, in the town, city or village wherein the calamity occurred. There shall be annexed to and published with such statement a notice, signed by the person having possession of the surplus, to the effect that the person will pay to each of the contributors to such fund a proportional share of the surplus at a place named in the notice, after deducting expenses of publishing the notice, if payment thereof is duly demanded within 60 days from the date of the publication of the notice, and that after the expiration of the period all moneys not so returned to contributors will be donated to one or more charities to be named in the notice. Within 5 days after the expiration of the 60 days the person having the surplus in his or her possession shall deliver it to the charity or one or more of the charities mentioned in the notice, and on delivery of the surplus and the filing of a receipt therefor, with an affidavit of the publication and mailing of the notice and statement, in the office of the clerk of the county in which the calamity occurred, shall not thereafter be liable or accountable therefor to the contributors of the fund, any portion of them or any other person.
History:  1979 c. 110.
2023 Wisconsin Statutes & Annotations › Chapter 171 - Unclaimed property. › 171.30 - Definitions.

171.30
Definitions.
In this subchapter:
(1)
“Archives" means a nonprofit organization or a public agency whose primary functions include selecting, preserving and making available records of historical or enduring value, and that is open to the public on a regular basis. “Archives" does not include a public library.
(2)
“Loan" means the placement of property with a museum or archives that is not accompanied by a transfer of title of the property to the museum or archives and for which there is some record that the owner intended to retain title to the property. “Loan" does not include transfers between museums, between archives or between museums and archives unless the transferring institution specifically provides in writing that the transfer is a loan under this subchapter.
(3)
“Museum" means a nonprofit organization or a public agency that is operated primarily for the purpose of collecting, cataloging, preserving or exhibiting property of educational, scientific, historic, cultural or aesthetic interest and that is open to the public on a regular basis. “Museum" does not include a public library.
(4)
“Nonprofit organization" has the meaning given in s. 108.02 (19).
(5)
“Property" means personal property.
(6)
“Public agency" has the meaning given in s. 256.15 (1) (n).
History:  1993 a. 18; 2007 a. 130.
2023 Wisconsin Statutes & Annotations › Chapter 171 - Unclaimed property. › 171.31 - Loans of property to a museum or archives.

171.31
Loans of property to a museum or archives.
(1)
Each museum or archives shall keep accurate records of all property on loan to the museum or archives, including the name and address of the owner, if known, and the beginning and ending date of the loan period. At the time that a person makes a loan to a museum or archives, the museum or archives shall give the owner of the property a copy of this subchapter. If a museum or archives is notified of a change in the ownership of any property loaned to a museum or archives, the museum or archives shall inform the new owner of the provisions of the loan agreement and shall send the new owner a copy of this subchapter. Not less than 90 days before a museum or archives changes its address or dissolves, the museum or archives shall notify all owners of that change of address or dissolution. If a museum or archives becomes the owner of property under s. 171.32 or 171.33, the museum or archives shall maintain any records that the museum or archives has regarding the property for not less than 2 years after the date on which the museum or archives becomes the owner of the property.
(2)
The owner of property loaned to a museum or archives shall provide the museum or archives with written notice of any change of the owner's address, of his or her designated agent, of the designated agent's address, and of the name and address of the new owner if there is a change in the ownership of the property loaned to the museum or archives.
History:  1993 a. 18.
2023 Wisconsin Statutes & Annotations › Chapter 171 - Unclaimed property. › 171.33 - Acquiring title to undocumented property.

171.33
Acquiring title to undocumented property.
Property in the possession of a museum or archives which the museum or archives has reason to believe is on loan and for which the museum or archives does not know the owner or have any reasonable means of determining the owner becomes the property of the museum or archives if no person has claimed the property within 7 years after the museum or archives took possession of the property. The museum or archives becomes the owner of the property on the day after the 7-year period ends, free from all claims.
History:  1993 a. 18.
2023 Wisconsin Statutes & Annotations › Chapter 172 - Animals distrained or doing damage. › 172.01 - Animals not to run at large.

172.01
Animals not to run at large.
No stallion over one year old, nor bull over 6 months old, nor boar, nor ram, nor billy goat over 4 months old shall run at large. If the owner or keeper of an animal described in this section, for any reason, permit the animal to run at large, the owner or keeper shall forfeit $5 to the person taking up the animal and shall be liable in addition for all damages done by the animal while at large, regardless of whether the animal's escape was the fault of the owner or keeper. The construction of any fence enumerated in s. 90.02 does not relieve an owner or keeper from liability for any damage committed by an animal described in this section upon the enclosed premises of an adjoining owner.
History:  1993 a. 482; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 172 - Animals distrained or doing damage. › 172.015 - Livestock on highways; penalty.

172.015
Livestock on highways; penalty.
No livestock shall run at large on a highway at any time except to go from one farm parcel to another. If the owner or keeper of livestock knowingly permits livestock to run at large on a highway, except when going from one farm parcel to another, and after notice by any peace officer fails to remove the livestock from the highway, the owner or keeper may be fined not more than $200.
History:  1993 a. 482; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 172 - Animals distrained or doing damage. › 172.02 - Taking up animal; notice.

172.02
Taking up animal; notice.
Any person finding any animal described in s. 172.01 running at large may take it up, but shall within 7 days after taking up the animal notify the owner, if known to the person, and request the owner to pay all reasonable charges for the animal's keeping, together with the forfeiture required under s. 172.01 for taking up, and take the animal away within 5 days after being so notified.
History:  1993 a. 482; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 172 - Animals distrained or doing damage. › 172.03 - Notice, if owner unknown.

172.03
Notice, if owner unknown.
If the owner of an animal taken up under s. 172.02 is unknown, the finder shall, within 10 days after taking up the animal, file a notice with the clerk of the town in which the animal is taken up and, if the value of the animal exceeds $50, shall publish in the county a class 3 notice, under ch. 985. The notice shall briefly describe the animal, by marks natural or artificial, as near as practicable, and give the name and residence of the finder and the time when the animal was taken up. A copy of the notice shall be sent immediately by the town clerk to the county clerk, who shall file the notice.
History:  1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 172 - Animals distrained or doing damage. › 172.04 - Appraisal of animals.

172.04
Appraisal of animals.
The finder of animals taken up under s. 172.02 shall, within one month from taking them up, if the animals are of the value of $10 or more, apply to the town chairperson, village president or city mayor of the municipality where found for the appointment of a disinterested appraiser. A certificate of the appraisal shall be signed by the appraiser and filed in the municipal clerk's office. The finder shall pay the appraiser $3 for the certificate and 10 cents per mile for every mile necessarily traveled by the appraiser.
History:  1989 a. 56 s. 258; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 172 - Animals distrained or doing damage. › 172.05 - Restoring an animal to its owner.

172.05
Restoring an animal to its owner.
The owner or person entitled to the possession of an animal taken up under s. 172.02, at any time within 90 days after notice is filed with the municipal clerk under s. 172.03, may have the animal restored upon proving rights to the animal and paying all lawful charges incurred. If the claimant and the finder cannot agree as to the amount of the charges or for the use of the animal either party upon notice to the other may apply to the town chairperson, village president or city mayor or manager of the municipality to settle the dispute, who for that purpose may examine witnesses on oath. Any amount found to be due the finder over the value of the use of the animal, together with the costs of adjudication, shall be a lien upon the animal.
History:  1989 a. 56; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 172 - Animals distrained or doing damage. › 172.06 - Ownership by finder; sale.

172.06
Ownership by finder; sale.
If no claimant for an animal taken up under s. 172.02 causes its return, and if the animal has not been appraised for more than $10, the finder shall become the absolute owner of the animal. If the appraised value of the animal exceeds $10, the animal shall be sold at public auction by the sheriff or any constable of the county on the request of the finder. Notice of the sale shall be given and the sale shall be conducted and the same fees allowed as in the case of sales upon execution under ch. 815. The finder may bid at the sale and shall at the time of sale deliver to the officer conducting the sale a statement in writing of the finder's charges, which shall be filed by the officer with the municipal treasurer. After deducting the finder's charges, if just and reasonable, and the costs of the sale, the officer shall pay one-half of the remaining proceeds to the finder and, within 10 days after the sale, the other half to the treasurer of the municipality for its use. If the finder of any stray neglects or refuses to cause a sale to be made when required by law, the finder shall pay to the municipality the value of the stray, to be recovered in an action by the municipality.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 775 (1975); 1975 c. 218; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 172 - Animals distrained or doing damage. › 172.07 - Penalties.

172.07
Penalties.
If any person, without the consent of the finder, takes any animal lawfully taken up from the finder's possession, without the payment of the finder's lawful charges incurred in relation to the animal, the person taking the animal shall be liable to the finder for the value of the animal. If the finder neglects to give the notices, procure the appraisals or perform any of the duties required of the finder, the finder shall be precluded from acquiring any right of property in the animal or receiving any charges or damages relative to the animal.
History:  1993 a. 482; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 172 - Animals distrained or doing damage. › 172.08 - Rams may be taken up; liability.

172.08
Rams may be taken up; liability.
(1)
If the owner of any ram permits the ram to go at large or out of the ram's enclosure between July 15 and December 1 in the same year, the owner shall forfeit $10 for each time that the ram is found at large and taken up, 50 percent of which shall be paid to the prosecutor. The owner shall also be liable for any damages sustained by any person in consequence of the ram running at large.
(2)
Any person may take up a ram described in sub. (1), and shall within 24 hours after taking up the ram do one of the following:
(a)
If the owner of the ram is known, notify the owner that the ram has been taken up and of the place where the ram is secured.
(b)
If the owner of the ram is unknown, file with the town clerk a notice of the taking up, describing the marks of the ram, natural and artificial, if any, and also post copies of the notice in 3 public places in the town.
(3)
The owner of a ram taken up under this section may, within 6 days after the filing and posting of the notices under sub. (2), pay or tender to the town clerk the forfeiture under sub. (1) and 50 cents for the town clerk's fees. Upon payment of the forfeiture and fees, the ram shall be restored to the owner and the clerk shall immediately pay one-half of the forfeiture to the person who took the ram up and the other half to the county treasurer. If the ram's owner fails to pay the forfeiture and fees in the 6-day period under this subsection, the ram shall become the property of the person who took up the ram.
History:  1993 a. 482; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 172 - Animals distrained or doing damage. › 172.51 - Animals distrained; proceedings.

172.51
Animals distrained; proceedings.
(1)
The owner or occupant of any lands may distrain any beast doing damage on the premises, either while upon the premises or upon immediate pursuit of the beasts escaping from the premises and before returning to the enclosure of or to the immediate care of the owner or keeper. The person distraining the beasts may keep the beasts upon the premises or in a public pound in the person's town, city or village of residence until the person's damages are appraised.
(2)
If the owner of the beasts is known to the person distraining the beasts and resides within the same county, the person distraining the beasts shall give written notice to the owner in accordance with whichever of the following applies:
(a)
If the owner resides within the same town, city or village as the person distraining the beasts, notice shall be given within 24 hours, Sundays excepted, after the animal is distrained.
(b)
If the owner does not reside in the same town, city or village as the person distraining the beasts, notice shall be given within 48 hours, Sundays excepted.
(3)
The notice under sub. (2) shall specify all of the following:
(a)
The time when and the place where the beasts were distrained.
(b)
The number of beasts distrained and the place of their detention.
(c)
That at a time, which shall not be less than 12 hours after the serving of the notice nor more than 3 days after distraining the beasts, and place designated in the notice, the person distraining will apply to the town chairperson, village president or city mayor or manager of the municipality where the beasts were found for the appointment of 3 disinterested freeholders of the town, city or village to appraise the damages.
(4)
If the owner of the beasts is unknown or does not reside in the same county as the person distraining the beasts, the person distraining the beasts shall, in accordance with sub. (3) (c), apply for the appointment of appraisers without notice and within 24 hours after distraining the beasts.
(5)
Upon application, the town chairperson, village president or city mayor or manager shall appoint in writing 3 disinterested freeholders of the town, city or village to appraise the damages. The appraisers shall receive 50 cents for the appointment.
History:  1989 a. 56; 1997 a. 192 s. 12; Stats. 1997 s. 172.51; 1997 a. 254.
2023 Wisconsin Statutes & Annotations › Chapter 172 - Animals distrained or doing damage. › 172.52 - Appraisal.

172.52
Appraisal.
The freeholders appointed as appraisers under s. 172.51 shall be immediately notified and shall immediately repair to the place damaged by the animals and view the damages done. The appraisers may take evidence of any witnesses of the facts and circumstances necessary to enable them to ascertain the extent of the damages and the sufficiency of any line fence on the premises where the damage was done, if any dispute arises regarding the damages or line fence. The appraisers may administer oaths to the witnesses. The appraisers shall certify under their hands the amount of damages, the cost of keeping the beasts to that time, their fees for services as appraisers not exceeding $1 per day each, and their determination as to the sufficiency of the line fence, if in dispute. The appraisers' decision as to damages and sufficiency of the fence is conclusive.
History:  1997 a. 192 s. 12; Stats. 1997 s. 172.52; 1997 a. 254; 1999 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 172 - Animals distrained or doing damage. › 172.53 - Impounding; care; expense.

172.53
Impounding; care; expense.
(1)
Unless the damages determined under s. 172.52, together with the fees of the appraisers and chairperson, president or mayor, have been paid within 24 hours after the appraisal, the person distraining the beasts shall cause the beasts to be confined in accordance with whichever of the following applies:
(a)
The beasts shall be put into the nearest pound in the distraining person's town, city or village of residence, if there is a pound.
(b)
If there is no pound in the distraining person's town, city or village of residence, the beasts shall be put in some other secure enclosure.
(2)
The beasts shall remain confined until sold under ss. 172.54 to 172.56, until the damages, fees and costs of keeping the beasts after appraisal are paid or until they are otherwise seized or discharged according to law. The confined beasts shall be furnished with suitable food from the time of seizure until they are discharged or sold. The expense of feeding the beasts, after the appraisal, shall be added to the amount determined under s. 172.52 and paid as additional costs. If the beasts are put in a pound, the certificate of appraisal shall be delivered to the keeper of the pound.
History:  1993 a. 184; 1997 a. 192 s. 12; Stats. 1997 s. 172.53; 1997 a. 254; 1999 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 172 - Animals distrained or doing damage. › 172.54 - Time and notice of sale.

172.54
Time and notice of sale.
The poundmaster of any pound shall receive and keep any beasts delivered to the poundmaster under s. 172.53. Unless the beasts are seized or discharged according to law within 6 days, from the time of their delivery to the pound, the poundmaster shall sell at public auction the beasts or so many of them as is necessary to pay the damages, fees and costs enumerated under ss. 172.52 and 172.53. The poundmaster shall give 2 days' notice of the sale by notice posted upon the pound and at 3 public places in the town, city or village in which the pound is located.
History:  1993 a. 482; 1997 a. 192 s. 12; Stats. 1997 s. 172.54; 1997 a. 254; 1999 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 172 - Animals distrained or doing damage. › 172.55 - Sale of animal not impounded.

172.55
Sale of animal not impounded.
If in consequence of there being no pound within the distraining person's city, town or village of residence the beasts distrained under s. 172.51 are kept in some other enclosure and the beasts are not discharged in the manner provided under this chapter within 6 days after being placed in the enclosure, the sheriff or any constable of the county shall sell the beasts or so many of them as shall be necessary to pay the damages, fees and costs of keeping, upon the same notice as is required in case of a constable's sale of personal property taken by execution.
History:  1997 a. 192 s. 12; Stats. 1997 s. 172.55; 1997 a. 254; 1999 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 172 - Animals distrained or doing damage. › 172.56 - Proceeds of sale.

172.56
Proceeds of sale.
(1)
From the proceeds of the sale under s. 172.54 or 172.55, the person making the sale shall retain his or her fees, which shall be the same as are allowed to constables upon sales of personal property on execution, and the cost of keeping the beasts. The person making the sale shall pay to the person who distrained the beasts the damages certified under s. 172.52, with the fees of the appraisers and chairperson, president or mayor.
(2)
Any surplus remaining after distribution of the proceeds under sub. (1) shall be paid to the owner of the beast, if known. If no owner appears at the time of sale or within one week after the sale, and claims the surplus, it shall be paid to the treasurer of the distraining person's town, city or village of residence. If the money is not applied for within one year after the sale, the treasurer shall place the money in the town treasury. If the owner applies for the surplus and gives proper proof of ownership within 6 years after its receipt by the treasurer, the surplus, less a 2 percent deduction for fees, shall be paid over to the owner.
History:  1993 a. 184; 1997 a. 192 s. 12; Stats. 1997 s. 172.56; 1997 a. 254; 1999 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 172 - Animals distrained or doing damage. › 172.57 - Damaging, or taking animal from, pound.

172.57
Damaging, or taking animal from, pound.
Any person who willfully damages any pound maintained or supported by any town, city, village or county or wrongfully and forcibly takes, drives or releases from the pound any animal lawfully confined in the pound shall forfeit not more than $50.
History:  1981 c. 285; 1997 a. 192 s. 12; Stats. 1997 s. 172.57.
2023 Wisconsin Statutes & Annotations › Chapter 173 - Animals; humane officers. › 173.01 - Definitions.

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.
History:  1997 a. 192.
2023 Wisconsin Statutes & Annotations › Chapter 173 - Animals; humane officers. › 173.03 - Appointment of humane officer.

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.
History:  1997 a. 192.
2023 Wisconsin Statutes & Annotations › Chapter 173 - Animals; humane officers. › 173.05 - Certification required.

173.05
Certification required.
(1)
(a)
Any person appointed as a humane officer under s. 173.03 on or after December 1, 1999, 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. 89 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 December 1, 1999, 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.
History:  1997 a. 192; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 173 - Animals; humane officers. › 173.07 - Powers and duties of humane officers.

173.07
Powers and duties of humane officers.
(1)
Enforcement. A humane officer shall enforce ss. 95.21 and 944.18, 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. 66.0119.
(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. 66.0113 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. 66.0119.
(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.
History:  1997 a. 192; 2001 a. 30; 2019 a. 162.
2023 Wisconsin Statutes & Annotations › Chapter 173 - Animals; humane officers. › 173.09 - Investigations.

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. 66.0119 or a search warrant.
History:  1997 a. 192; 2001 a. 30.
2023 Wisconsin Statutes & Annotations › Chapter 173 - Animals; humane officers. › 173.10 - Investigation of cruelty complaints.

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 s. 944.18 or ch. 951 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. If the person applying for the search warrant is a humane officer, the warrant shall direct that the humane officer accompany the law enforcement officer who is directed to perform the search. 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 does not affect other powers and duties of law enforcement officers.
History:  1973 c. 314; 1977 c. 449; 1987 a. 332 s. 54; Stats. 1987 s. 951.16; 1995 a. 90; 1997 a. 192 s. 26; Stats. 1997 s. 173.10; 2019 a. 162.
2023 Wisconsin Statutes & Annotations › Chapter 173 - Animals; humane officers. › 173.11 - Abatement of violations.

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.
History:  1997 a. 192.
2023 Wisconsin Statutes & Annotations › Chapter 173 - Animals; humane officers. › 173.12 - Animal fighting.

173.12
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 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.
History:  1981 c. 160; 1983 a. 95; 1987 a. 248; 1987 a. 332 ss. 54, 64; Stats. 1987 s. 951.165; 1997 a. 192 ss. 28, 29; Stats. 1997 s. 173.12; 2015 a. 64, 233.
2023 Wisconsin Statutes & Annotations › Chapter 173 - Animals; humane officers. › 173.15 - Provision of care, treatment or disposal services.

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.
History:  1997 a. 192.
2023 Wisconsin Statutes & Annotations › Chapter 173 - Animals; humane officers. › 173.17 - Records.

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.
History:  1997 a. 192.
2023 Wisconsin Statutes & Annotations › Chapter 173 - Animals; humane officers. › 173.19 - Animals considered unclaimed.

173.19
Animals considered unclaimed.
(1)
Except as provided in sub. (1m), a political subdivision or person contracting under s. 173.15 (1) may treat any animal taken into custody under s. 173.13 (1) (a) 1. as an unclaimed animal subject to s. 173.23 (1m) if, within 4 days after custody is taken of the animal, it is not claimed by and returned to its owner under s. 173.23 (1).
(1m)
Notwithstanding sub. (1), a political subdivision or person contracting under s. 173.15 (1) may not euthanize the animal taken into custody under s. 173.13 (1) (a) 1. before 7 days have elapsed after custody is taken, except to alleviate physical suffering or to protect the safety of shelter staff, volunteers, or the public.
(2)
Except as provided in sub. (3), a political subdivision or person contracting under s. 173.15 (1) may treat any animal taken into custody under s. 173.13 (1) (a) 3., 4., or 9. as an unclaimed animal subject to s. 173.23 (1m) if, within 7 days after custody is taken of the animal, it is not claimed by and returned to its owner under s. 173.23 (1), except that an animal taken into custody under s. 173.13 (1) (a) 3. or 4. may not be treated as unclaimed if its owner files a petition under s. 173.22 (1) within 7 days after custody is taken.
(3)
If an animal is taken into custody under s. 173.13 (1) (a) 3., 4., or 9. and also taken into custody under s. 173.13 (1) (a) 1., only sub. (1) applies to that animal.
History:  1997 a. 192; 2015 a. 233.
2023 Wisconsin Statutes & Annotations › Chapter 173 - Animals; humane officers. › 173.21 - Holding animals for cause.

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 used the animal in a crime under s. 944.18 or ch. 951 or that the animal constitutes evidence of a crime under s. 944.18 or ch. 951.
(b)
There are reasonable grounds to believe that the animal poses a significant threat to public health, safety or welfare.
(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. Except with respect to an animal taken into custody under s. 173.13 (1) (a) 8., 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.
History:  1997 a. 192; 2015 a. 233; 2019 a. 162.
2023 Wisconsin Statutes & Annotations › Chapter 173 - Animals; humane officers. › 173.24 - Reimbursement for expenses.

173.24
Reimbursement for expenses.
(1)
A court shall assess the expenses under this section, minus any amounts paid under s. 173.22 (4) (f), 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 s. 944.18 or 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 s. 944.18 or 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.
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; 2015 a. 233; 2019 a. 162.
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).
2023 Wisconsin Statutes & Annotations › Chapter 173 - Animals; humane officers. › 173.25 - Immunity for euthanizing animals.

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.
History:  1997 a. 192.
2023 Wisconsin Statutes & Annotations › Chapter 173 - Animals; humane officers. › 173.27 - Duties of the department.

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.
History:  1997 a. 192.
2023 Wisconsin Statutes & Annotations › Chapter 174 - Dogs. › 174.001 - Definitions.

174.001
Definitions.
As used in this chapter, unless the context indicates otherwise:
(1)
“Collar" means a band, strip or chain placed around the neck of a dog.
(2)
“Department" means the department of agriculture, trade and consumer protection.
(2g)
“Domestic animal" includes livestock, dogs and cats.
(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 750,000 or more for the purpose of providing animal control services.
(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).
(4)
“Officer" has the meaning designated under s. 95.21 (1) (b).
(5)
“Owner" includes any person who owns, harbors or keeps a dog.
History:  1979 c. 289 ss. 8m, 17; 1983 a. 451; 1995 a. 79, 316; 1997 a. 35; 2001 a. 16, 56; 2003 a. 133; 2017 a. 207 s. 5.
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).
There is a distinction between “keeping" and “harboring." Keeping generally requires exercising some measure of care, custody, or control over the dog, while harboring is often defined as sheltering or giving refuge to a dog. Thus, harboring lacks the proprietary aspect of keeping. However, the concepts of “harbor" and “keep" are similar, and the liability of one who harbors a dog and one who keeps a dog is the same. Pawlowski v. American Family Mutual Insurance Co. 2009 WI 105, 322 Wis. 2d 21, 777 N.W.2d 67, 07-2651.
The relevant consideration in deciding a question of “harboring" is whether the owner of the home knowingly afforded lodging and shelter to the dog. That an owner resided in a separate home from the dog and was not in a convenient position to and in fact did not exercise custody or control over or care for the dog, would be most relevant if the issue was whether the owner was a “keeper" of the dog, but not a harborer. Augsburger v. Homestead Mutual Insurance Company, 2013 WI App 106, 350 Wis. 2d 486, 838 N.W.2d 88, 12-0641.
2023 Wisconsin Statutes & Annotations › Chapter 174 - Dogs. › 174.01 - Restraining action against dogs.

174.01
Restraining action against dogs.
(1)
Killing a dog.
(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:
1.
Other restraining actions were tried and failed; or
2.
Immediate action is necessary.
(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:
1.
Other restraining actions were tried and failed; or
2.
Immediate action is necessary.
(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. 29.921 (7), 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.
(3)
Liability and penalties. A person who violates this section:
(a)
Is liable to the owner of the dog for double damages resulting from the killing;
(b)
Is subject to the penalties provided under s. 174.15; and
(c)
May be subject to prosecution, depending on the circumstances of the case, under s. 951.02.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 775 (1975); 1975 c. 218; 1979 c. 289; 1981 c. 285; 1983 a. 451; 1987 a. 332 s. 64; 1997 a. 192, 248; 1999 a. 32; 2005 a. 162.
Within the meaning of the 4th amendment, domestic animals are effects and the killing of a companion dog constitutes a seizure, which is constitutional only if reasonable. Viilo v. Eyre, 547 F.3d 707 (2008).
2023 Wisconsin Statutes & Annotations › Chapter 174 - Dogs. › 174.042 - Dogs running at large and untagged dogs subject to impoundment; penalties.

174.042
Dogs running at large and untagged dogs subject to impoundment; penalties.
(1)
Dog running at large.
(a)
Except as provided in par. (b), a dog is considered to be running at large if it is off the premises of its owner and not under the control of the owner or some other person.
(b)
A dog that is actively engaged in a legal hunting activity, including training, is not considered to be running at large if the dog is monitored or supervised by a person and the dog is on land that is open to hunting or on land on which the person has obtained permission to hunt or to train a dog.
(2)
Untagged dog. A dog is considered to be untagged if a valid license tag is not attached to a collar which is kept on the dog whenever the dog is outdoors unless the dog is securely confined in a fenced area.
(3)
Dog running at large or untagged dog subject to impoundment. An officer shall attempt to capture and restrain any dog running at large and any untagged dog.
(4)
Penalties. If the owner of a dog negligently or otherwise permits the dog to run at large or be untagged, the owner shall forfeit not less than $25 nor more than $100 for the first offense and not less than $50 nor more than $200 for subsequent offenses.
History:  1979 c. 289; 1983 a. 451; 1999 a. 50.