Fish and Game Laws Related to Dogs

Humane Officers, Impoundment Procedures, & Investigations

Chapter 174. Dogs.

• Definitions, Damage by Dogs, & Dogs at Large

• Licenses & Vaccination Provisions

• Claims for Damage Done by Dogs & Use of Dogs for Research

State Symbols (dog)

Public Lands, Waters and Natural Resources.  Chapter 29. Wild Animals and Plants.  Subchapter III. Hunting, Trapping and Fishing Approvals.

29.184. Bear licenses

Public Lands, Waters and Natural Resources.  Chapter 29. Wild Animals and Plants.  Subchapter XIII. Enforcement.

29.921. Warrants; arrests; police powers

29.927. Public nuisances

29.971. General penalty provisions

Police Regulations.  Chapter 169. Captive Wildlife.

169.20. Dog training licenses

169.33. Licenses; applications; renewals; terminations

169.32. Licenses; effective periods

169.36. Record-keeping and reporting requirements

Police Regulations.  Chapter 173. Animals; Humane Officers.

173.01. Definitions

173.05. Certification required

173.07. Powers and duties of humane officers

173.09. Investigations

173.10. Investigation of cruelty complaints

173.11. Abatement of violations

173.12. Animal fighting; seizure

173.13. Taking custody of animals

173.15. Provision of care, treatment or disposal services

173.17. Records

173.19. Animals considered unclaimed

173.21. Holding animals for cause

173.22. Review of seizure or withholding

173.23. Disposition of animals

173.24. Reimbursement for expenses

173.25. Immunity for euthanizing animals

173.27. Duties of the department

 

Police Regulations.  Chapter 174. Dogs.

Definitions, Damage by Dogs, & Dogs at Large:

174.001. Definitions

174.01. Restraining action against dogs

174.02. Owner's liability for damage caused by dog; penalties; court order to kill a dog

174.042. Dogs running at large and untagged dogs subject to impoundment; penalties

174.05. Dog license tax

174.052. Publication of the dog license requirement and rabies vaccination requirement

174.053. Multiple dog licenses

174.054. Exemption for owners of dogs kept for educational or scientific purposes

174.055. Exemption of dogs for blind, deaf and mobility-impaired

174.056 - Repealed in part and renumbered in part by 2005 Act 354, §§ 5 to 9, eff. May 3, 2006. Now see WI ST 106.52.

174.06. Listing

174.065. Collection

174.07. Dog licenses and collar tags

174.08. License fees paid to county treasurer

174.09. Dog license fund; how disposed of and accounted for

174.11. Claims for damage by dogs to domestic animals including ranch mink

174.12. Actions against owners

174.13. Humane use of dogs for scientific or educational purposes

174.15. Penalty

State Sovereignty, Jurisdiction and Divisions.  Chapter 1. Sovereignty and Jurisdiction of the State.

1.10. State song, state ballad, state waltz, state dance, and state symbols

Public Lands, Waters and Natural Resources.  Chapter 29. Wild Animals and Plants.  Subchapter III. Hunting, Trapping and Fishing Approvals.

29.184. Bear licenses - AMENDED 2008 - SEE CHANGES FOLLOWING TEXT

(1) Definitions. In this section:

(a) Notwithstanding s. 29.001(42), "hunt bear" means to shoot, shoot at, take, catch, or kill a bear or pursue, with or without the use of dogs, a bear for the purpose of shooting, shooting at, taking, catching, or killing the bear.

(b) "Minor" means a person who is at least 12 years of age but under 18 years of age.

(2) Department authority. The department may regulate and limit the number of bear hunters and bear harvested in any area of the state.

(3) Licenses; prohibitions; authorization. (a) Prohibition. Except as authorized under a Class A bear license or a Class B bear license and under sub. (5), no person may do any of the following:

1. Hunt bear.

2. Assist a person in hunting bear by tracking bear, trailing bear or engaging in any other activity to locate bear.

3. Bait bear.

4. Train a dog to track bear, to trail bear or to otherwise engage in any activity that contributes to locating bear.

(am) Evidence of bear hunting. The fact that a person is observing a bear while possessing a firearm is not sufficient evidence to prove that the person holding the firearm is hunting bear.

(bg) Authorization; Class A bear license. A Class A bear license authorizes a resident or nonresident holder of the license to hunt bear and to exercise all of the privileges of a Class B bear license.

(br) Authorization; Class B bear license. A Class B bear license authorizes a resident or nonresident holder of the license to do only the following:

1. Assist a holder of a Class A bear license in hunting bear by tracking bear, trailing bear or otherwise engaging in an activity that contributes to locating bear and that is authorized by rule by the department.

2. Bait bear.

3. Train a dog to track bear, to trail bear or to otherwise engage in an activity that contributes to locating bear and that is authorized by rule by the department.

(4) Use of dogs. While a person is using a dog to hunt bear or to engage in any of the activities specified in sub. (3) (br) 1. to 3., the person shall keep on his or her person any tag required for the dog under s. 95.21 (2) (f), 174.053 (2) or 174.07 (1) (e).

(5) Exemptions. (a) A person under the age of 12 years may engage in the activities authorized under sub. (3) (br)1. to 3. without holding a Class B bear license.

(b) If a disabled person holds either a Class A or a Class B bear license, a person who accompanies and assists the disabled person may engage in the activities authorized under sub. (3)(br)1. to 3. without holding a Class B bear license.

(6) Issuance. (a) Application. A person who seeks a Class A or Class B bear hunting license shall apply to the department.

(b) Cumulative preference system; random selection. If the number of qualified applications for Class A bear licenses exceeds the number of available licenses, the department shall select applicants to be issued Class A bear licenses based upon a cumulative preference system. This system shall establish preference categories for those applicants who applied for but who were not issued Class A bear licenses or bear harvest permits under s. 29.1085(3)(b), 1993 stats., in the previous season, with higher priority given to those categories with more preference points than those with fewer preference points. For each season, the department shall allow each applicant under the system to apply for a preference point or for a license. The department shall give a preference point to each applicant who applies for a preference point and to each applicant who applies for a license but who is not selected. Applicants who fail to apply for either a preference point or a license at least once during any 3 consecutive years shall lose all previously accumulated preference points. If the number of applicants within a preference category exceeds the number of Class A bear licenses available in the category, the department shall select at random the applicants to be issued licenses within the preference category. Beginning on April 18, 2002, an applicant for a preference point must meet all of the following requirements on the first day of the bear hunting season that immediately follows the date of application:

1. The applicant is at least 12 years old.

2. The applicant is eligible for an approval authorizing hunting.

(c) Notification, issuance; fees. 1g. A person who applies for a preference point or a license under par. (a) shall pay the processing fee under s. 29.553 at the time of application.

1r. The department shall issue a notice of approval to those qualified applicants selected to receive a Class A bear license. A person who receives a notice of approval and who pays the fees required for the license shall be issued the license subject to ss. 29.024 and 54.25(2)(c)1. d.

2. A Class B bear license shall be issued subject to ss. 29.024 and 54.25(2)(c)1.d. by the department to any resident who applies for this license.

(6g) Issuance of additional Class A bear licenses. (a) In addition to any other Class A bear hunting license that the department issues under this section, the department shall issue 2 certificates for Class A bear hunting licenses in a Class A bear hunting season to an organization known as the Wisconsin Bear Hunters' Association, Inc., if the organization applies for the certificates for that season.

(b) The organization known as the Wisconsin Bear Hunters' Association, Inc., shall award one of the certificates that is issued under par. (a) as a prize in a raffle conducted by a subunit of the organization that is licensed to conduct raffles under ch. 563 and shall award the other to the person who places the highest bid in a public auction.

(c) The organization known as the Wisconsin Bear Hunters' Association, Inc., shall transfer the certificate awarded under par. (b) only to persons who are qualified to receive a Class A bear hunting license. A person who receives a certificate may present that certificate to the department and request a resident or nonresident Class A bear hunting license. Upon receipt of the certificate and the appropriate required fees, the department shall issue the holder of the certificate a resident or nonresident Class A bear hunting license and the carcass tag and back tag under subs. (8) and (9).

(d) If the organization known as the Wisconsin Bear Hunters' Association, Inc., fails to transfer the certificates under par. (c), the certificates shall become invalid.

(e) The organization known as the Wisconsin Bear Hunters' Association, Inc., shall use the proceeds from the raffle and auction under par. (b) in this state to promote bear management and education and to further bear research.

(f) A person may be issued under par. (c) only one Class A bear hunting license in his or her lifetime, and the Class A bear hunting license shall be valid for only one Class A bear hunting season. The issuance under par. (c) of a license to the person is subject to s. 29.024(2g).

(6m) Transfer. (a) Upon application by a holder of a Class A bear license to transfer the license to a minor, and upon the payment of any fee required under par. (b), the department shall transfer the license to the minor if the application is made no later than the August 1st immediately preceding the open season for the hunting of bear to which the license applies and if the minor has not been previously transferred a license under this subsection.

(b) If the holder of a Class A bear license is a resident and the holder applies to transfer the license to a nonresident, the holder shall pay, at the time of application, the difference between the fee for a Class A license to a resident and the fee for a Class A license to a nonresident.

(c) A holder of a Class A bear license may not receive any consideration for the transfer of the license.

(d) Notwithstanding sub. (6)(b), a minor who is transferred a Class A bear license under this subsection shall retain all preference points that he or she has previously accumulated.

(7) Use of fees. Fees received from the issuance of licenses under this section shall be paid into the conservation fund to be used for administering bear licenses and for bear management activities.

(8) Carcass tag. The department shall issue a bear carcass tag to each person who is issued a Class A bear license. A person who kills a bear shall immediately validate and attach the carcass tag to the bear. The carcass tag shall be attached and validated according to rules promulgated by the department.

(9) Back tag. (a) The department shall issue a back tag to each person who is issued a Class A bear license or a Class B bear license.

(b) No person may hunt bear or engage in the activity specified in sub. (3) (br) 1. or 3. unless there is attached to the center of the person's coat, shirt, jacket or similar outermost garment where it can clearly be seen the back tag issued to the person under par. (a).

Source:

2005 Act 25, § 565g, eff. July 27, 2005.
2005 Act 387, §§ 11, 12, eff. Dec. 1, 2006.
2005 Legislation:
2005 Act 387 amended subsecs. (4m) and (6)(c)1r. and 2.
2005 Act 387, § 584(14) provides:
"(14) Hunting, patron, and guide licenses. The treatment of sections 29." 024(2u), 29.161, 29.164(3)(e), 29.171(1), 29.173(1), 29.182(4m), 29.184(6)(c)1r. and 2., 29.231(1), 29.235(1), and 29.512(1) of the statutes first applies to receipt by the department of natural resources of a declaration issued by a court that an individual is incapable of understanding the nature and risks of the licensed or credentialed activity."
2005 Act 25 created subsec. (6g).

2007-2008 Wisc. Legis. Serv. Act 65 (2007 A.B. 228) (WEST)

Public Lands, Waters and Natural Resources.  Chapter 29. Wild Animals and Plants.  Subchapter XIII. Enforcement.

29.921. Warrants; arrests; police powers

(1) Generally. The department and its wardens may execute and serve warrants and processes issued under any law enumerated in ss. 23.50 (1), 167.31, 346.19, 940.24, 941.20, 948.60, 948.605 and 948.61 in the same manner as any constable may serve and execute the process; and may arrest, with or without a warrant, any person detected in the actual violation, or whom the officer has probable cause to believe is guilty of a violation of any of the laws cited in this subsection, whether the violation is punishable by criminal penalties or by forfeiture, and may take the person before any court in the county where the offense was committed and make a proper complaint. For the purpose of enforcing any of the laws cited in this subsection, any officer may stop and board any boat and stop any vehicle, if the officer reasonably suspects there is a violation of those sections.

(2) Field archaeology. The department and any of its wardens may execute and serve warrants and processes issued for violations of s. 44.47 occurring on the bed of any stream or lake in the same manner as any constable may serve and execute the process; and may arrest a person, with or without a warrant, who is detected committing such a violation, or whom the warden has probable cause to believe is guilty of a violation of s. 44.47, and may take the person before any court in the county where the violation was committed and make proper complaint. For the purpose of enforcing s. 44.47, any warden may stop and board any boat and stop any vehicle, if the warden reasonably suspects that there is a violation of s. 44.47.

(3) Harassment. The department and its wardens may execute and serve warrants and processes issued for violations of s. 947.013 (1m) (b) if the victim of the harassment is intentionally selected because of the victim's race in the same manner as any constable may serve and execute the process; and may arrest, with or without a warrant, any person detected in the actual violation, or whom the warden has probable cause to believe guilty of a violation of s. 947.013 (1m) (b), whether the violation is punishable by criminal penalties or by forfeiture and may take the person before any court in the county where the offense was committed and make a proper complaint. For the purpose of enforcing s. 947.013 (1m) (b), any warden may stop and board any boat and stop any vehicle, if the warden reasonably suspects there is a violation of s. 947.013 (1m).

(4) Tribal code enforcement. If a federally recognized American Indian tribe or band consents to the enforcement of its conservation code by the department or if a federal court order authorizes or directs the enforcement, the department and its wardens may execute and serve warrants and processes issued for violations of the tribe's or band's conservation code that occur outside the exterior boundaries of American Indian reservations; and may arrest a person, with or without a warrant, who is detected committing such a violation, or whom the warden has probable cause to believe is guilty of such a violation, and may take the person before the tribal court of appropriate jurisdiction and make proper complaint. For the purpose of enforcing a tribe's or band's conservation code, any warden may stop and board any boat and may stop any vehicle, if the warden reasonably suspects there is a violation of such a conservation code.

(5) Additional arrest powers. In addition to the arrest powers under sub. (1), a warden who has completed a program of law enforcement training approved by the law enforcement standards board, has been certified as qualified to be a law enforcement officer under s. 165.85 (4) (b) 1. and has complied with any applicable requirements under s. 165.85 (4) (bn) 1. while on duty and in uniform or on duty and upon display of proper credentials may assist another law enforcement agency as defined under s. 165.83 (1) (b) including making an arrest at the request of the agency, may arrest a person pursuant to an arrest warrant concerning the commission of a felony or may arrest a person who has committed a crime in the presence of the warden. If the warden makes an arrest without the presence of another law enforcement agency, the warden shall cause the person arrested to be delivered to the chief of police or sheriff in the jurisdiction where the arrest is made, along with the documents and reports pertaining to the arrest. The warden shall be available as a witness for the state. A warden may not conduct investigations for violations of state law except as authorized in ss. 23.11 (4), 29.924 (1) and 41.41 (12). A warden acting under the authority of this subsection is considered an employee of the department and is subject to its direction, benefits and legal protection. The authority granted in this section does not apply to county conservation wardens or special conservation wardens.

(6) Search warrants; subpoenas. In executing search warrants and subpoenas under this chapter where the penalty for the violation is a forfeiture, the department shall use procedures which comply with ss. 968.12 and 968.135 to 968.19.

(7) Dogs injuring wildlife. A warden may kill a dog found running, injuring, causing injury to, or killing, any deer or elk, or destroying game birds, their eggs, or nests, if immediate action is necessary to protect the deer, elk, or game birds, their nests or eggs, from injury or death.

Source:
L.1917, c. 668, § 3.
St.1917, § 29.05.
L.1921, c. 108.
L.1955, c. 423.
L.1955, c. 696, § 7.
L.1959, c. 505, § 2.
L.1959, c. 561, § 1.
L.1959, c. 641, § 5.
L.1961, c. 384, § 1.
L.1961, c. 621, § 10.
L.1965, c. 200.
L.1967, c. 26, § 94, eff. May 14, 1967.
L.1967, c. 185, § 1, eff. Nov. 30, 1967.
L.1969, c. 276, § 588, eff. Dec. 28, 1969.
L.1969, c. 394, § 5, eff. Feb. 12, 1970.
L.1971, c. 42, eff. May 30, 1971.
L.1971, c. 211, § 126, eff. April 4, 1972.
L.1971, c. 277, § 6, eff. May 6, 1972.
L.1973, c. 198, § 5, eff. Aug. 1, 1974.
L.1975, c. 365, § 20, eff. May 29, 1976.
L.1981, c. 98, § 2, eff. Dec. 6, 1981.
1983 Act 27, § 2202(32)(a), eff. July 2, 1983.
1985 Act 36, § 27, eff. Oct. 12, 1985.
1985 Act 135, § 7, eff. March 20, 1986.
1987 Act 332, § 64 (1), eff. July 1, 1989.
1989 Act 31, § 683k, eff. Aug. 9, 1989.
1989 Act 31, § 683m, eff. July 1, 1990.
1989 Act 335, § 34d, eff. May 11, 1990.
1989 Act 336, § 62, eff. May 11, 1990.
1991 Act 17, § 1, eff. Sept. 1, 1991.
1991 Act 39, § 833m, eff. Jan. 1, 1992.
1991 Act 194, § 1, eff. May 1, 1992.
1991 Act 269, § 184, eff. May 1, 1992.
1993 Act 349, § 21, eff. April 30, 1994.
1995 Act 27, § 1535, eff. Jan. 1, 1996.
1995 Act 417, § 14, eff. June 21, 1996.
St.1995, § 29.05(1) to (2).
1997 Act 248, §§ 97 to 102, 708, to 710, eff. Jan. 1, 1999.
1999 Act 185, § 193(1), eff. Sept. 1, 2000.
2001 Act 109, § 84sp, eff. July 30, 2002.

Public Lands, Waters and Natural Resources.  Chapter 29. Wild Animals and Plants.  Subchapter XIII. Enforcement.

29.927. Public nuisances

(1) Any unlicensed, untagged or unmarked net of any kind, or other unlicensed, untagged or unmarked device for fishing.

(1m) Any licensed, tagged or marked net or other device for fishing set, placed, or found in any waters where it is prohibited to be used, or in a manner prohibited by this chapter.

(2) Any unlicensed, untagged or unmarked setline, cable, rope, or line, with more than one fish line attached.

(2c) Any licensed, tagged or marked setline set, placed, or found in any waters where it is prohibited to be used, or in a manner prohibited by this chapter.

(2g) Any fish line left in the water unattended, whether having one or more hooks attached.

(2m) Any long tunnel pound net or similar entrapping net other than the legal fyke net, drop net, submarine trap net and the short tunnel pound net whenever found in outlying waters or on any boat, dock, pier or wharf or in any building or vehicle on or adjacent to outlying waters. Any nets found as described in this subsection shall be sufficient evidence of the use of the nets by the owner.

(3) Any device set in public waters to prevent the free passage of fish, or set in any stream which has been stocked by the state unless authorized by the department.

(4) Any permanent or temporary structure placed, occupied, or used on the ice of any waters in violation of this chapter.

(5) Any trap, snare, spring gun, set gun, net or other device used in violation of this chapter which might entrap, ensnare, or kill game.

(5m) Any trap without a metal tag attached as required by law.

(6) Any boat, together with its tackle and equipment, used in violation of this chapter.

(6g) Any lamp, light, gun, firearm, ammunition, bow, crossbow or arrow used in violation of this chapter or s. 167.31 or any rules promulgated under s. 167.31.

(6r) Any boat, floating raft, box, or blind set in open water and used in hunting game birds.

(7) Any decoys left in the water unattended.

(8) Any dog found running deer or elk at any time, or used in violation of this chapter.

(9) Any ferret, rat, weasel, or guinea pig in possession or used while hunting.

(10) Any blind used in hunting waterfowl in violation of s. 29.327.

(11) Any motor vehicle, boat, aircraft, remote sensing equipment, navigational device, survey equipment, scuba gear or other equipment or device used in the commission of a crime relating to a submerged cultural resource in violation of s. 44.47.

HISTORICAL AND STATUTORY NOTES

Source:
2005 Act 161, § 1, eff. April 5, 2006.
2005 Legislation:
2005 Act 161 amended subsec. (6).

Any person who, for himself or herself, or by his or her agent or employee, or who, as agent or employee for another, violates this chapter shall be punished as follows:

(1)(a) For the violation of any requirement of this chapter relating to fishing or fish dealing, by a forfeiture of not more than $1,000 except as provided under pars. (ag), (ar), (b), and (c) and sub. (5m).

(ag) For conducting a fishing tournament without a permit as required by the department, by a forfeiture of not less than $1,000 nor more than $2,000.

(ar) For participating in a fishing tournament and failing to comply with a term or condition imposed by a permit issued for that fishing tournament under s. 29.403, by a forfeiture of not more than $500.

(b) For taking, transporting, acquiring, selling, purchasing, or possessing, or attempting to take, acquire, transport, sell, purchase, or possess, any fish , or failing to comply with any record-keeping requirement for fish, in violation of this chapter that has a value under par. (d) exceeding $300 but not exceeding $1,000, by a fine of not less than $1,000 nor more than $5,000 or imprisonment for not more than 30 days or both.

(c) A person taking, transporting, acquiring, selling, purchasing, or possessing, or attempting to take, acquire, transport, sell, purchase, or possess, any fish , or failing to comply with any record-keeping requirement for fish, in violation of this chapter is guilty of a Class I felony if the value of the fish under par. (d) exceeds $1,000.

(d)1. In this paragraph, "average wholesale value" means the average purchase price paid by wholesale fish dealers on the date of a violation of this chapter as determined by the department after obtaining price information from 3 wholesale fish dealers in this state.

2. Salmon, trout, and noncommercial game fish shall be valued for the purposes of pars. (b) and (c) on a per-fish basis according to the dollar amounts specified under s. 29.977(1)(a) and (i) to (L).

3. Other species of commercial fish shall be valued on a per-pound basis according to the average wholesale value of the fish. The department shall determine the average wholesale value of the fish by averaging the price received by 3 different wholesale fish dealers in this state for that species of fish on or about the date of the violation.

4. For purposes of making charging and penalty determinations under pars. (b) and (c), the value of fish from multiple violations committed by the same person in any 12-month period may be aggregated.

(e) In addition to any other penalty under this section, during the period of time that a person's commercial fishing license is revoked under sub. (12), the person may not engage in fishing on the water or ice in any manner, operate or assist in the operation of fishing gear or engage in the sale or transportation of fish. Any person holding a license under s. 29.519(1m) who has that license revoked under sub. (12) may apply for that license for that part of the license year following the period of revocation and the department shall issue that license if all licensing criteria are met. The revoked license may not be issued to another person during the period of revocation.

(1g) For failure to hold a valid approval as required under this chapter for which a court imposes a penalty under sub. (1)(a) to (e) or (5m), by the payment of a natural resources restitution surcharge equal to the amount of the statutory fee for the approval that was required and that should have been obtained.

(1m)(a) For the violation of s. 29.537, by a forfeiture of not more than $1,000, except as provided under pars. (b) and (c).

(b) For possessing clams in violation of s. 29.537, if the value of the clams under par. (d) exceeds $300 but does not exceed $1,000, by a fine of not more than $5,000 or imprisonment for not more than 30 days or both.

(c) A person possessing clams in violation of s. 29.537 is guilty of a Class I felony if the value of the clams under par. (d) exceeds $1,000.

(d) Clams shall be valued for the purpose of pars. (b) and (c) according to the current average wholesale value. In this paragraph, "average wholesale value" means the average price received by commercial clam shellers during the 30-day period prior to the date of violation.

(e) For any person holding any approval issued under this chapter, upon the person's 2nd conviction within a 3-year period for violations of this chapter relating to clamming or commercial clamming, by the revocation of all of the person's approvals. In addition, no commercial clamming license or permit may be issued to the person for at least one year after the date of conviction.

(2) For hunting or trapping without an approval required by this chapter:

(a) By a forfeiture of not more than $100; and

(c) By the payment of a natural resources restitution surcharge equal to the amount of the statutory fee for the approval which was required and should have been obtained.

(3) For the violation of any statutes or any department order relating to the hunting, taking, transportation or possession of game, by a forfeiture of not more than $1,000.

(3m) For unlawfully hunting a moose, by a forfeiture of not less than $1,000 nor more than $2,000 and the mandatory revocation of all hunting approvals issued to the person. In addition, no hunting approval may be issued to the person for the time period specified by the court. The time period specified shall be not less than 3 years nor more than 5 years following the date of conviction under this subsection.

(4) For any violation of this chapter or any department order for which no other penalty is prescribed, by a forfeiture of not more than $100.

(5) For violation of s. 29.539, except s. 29.539(3m), by a fine of not less than $1,000 nor more than $2,000 or imprisonment for not more than 6 months or both. In addition, the court shall order the revocation of all hunting and sport fishing approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting or sport fishing approvals under this chapter to the person for 5 years.

(5g) For violation of s. 29.541, by a fine of not more than $500 or imprisonment for not more than 90 days or both. In addition, the court shall order the revocation of all hunting and sport fishing approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting or sport fishing approvals under this chapter to the person for 3 years.

(5m) For the violation of this chapter relating to the taking or possession of lake sturgeon, by a fine of $1,500 or imprisonment for not more than 90 days or both for each lake sturgeon illegally taken or possessed, and a mandatory 3- year revocation of all hunting, fishing and trapping approvals issued to the person under this chapter.

(7) For the violation of s. 29.307(1), by a fine of not more than $1,000 for the first violation and not more than $2,000 for subsequent violations or imprisonment for not more than 90 days, or both, and by a mandatory 3-year revocation of all hunting, fishing, and trapping approvals. An aircraft used in the violation is a public nuisance.

(9) For the violation of any statute or any department order relating to the registration of any wild animal, by a forfeiture of not more than $100.

(9m) For the improper use or validation of any carcass tag, by a forfeiture of not more than $500.

(11) For hunting deer without the required approval, during the closed season, with the aid of artificial light or with the aid of an aircraft, except as provided in s. 29.307(2), for the snaring of or setting snares for deer, or for the possession or control of a deer carcass in violation of s. 29.055 or 29.347, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both. In addition, the court shall order the revocation of all approvals issued to the person under this chapter and shall prohibit the issuance of any new approval under this chapter to the person for 3 years.

(11g)(a) For hunting elk without a valid elk hunting license, for possessing an elk that does not have an elk carcass tag attached, for possessing an elk during the closed season, by a fine of not less than $1,000 nor more than $15,000 or by imprisonment for not more than 6 months or both for the first violation, or by a fine of not more than $20,000 or imprisonment for not more than one year or both for any subsequent violation. In addition, the court shall revoke all hunting and trapping approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting and trapping approvals under this chapter to the person for 5 years.

(b) Except as provided under par. (a), for the violation of any provision of this chapter or rules promulgated under this chapter relating to elk hunting or to the violation of an elk carcass tag or registration of an elk, by a forfeiture of not more than $5,000.

(11m)(a) For shooting, shooting at, killing, taking, catching or possessing a bear without a valid Class A bear license, or for possessing a bear which does not have a carcass tag attached or possessing a bear during the closed season, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both for the first violation, or by a fine of not more than $10,000 or imprisonment for not more than 9 months or both for any subsequent violation, and, in addition, the court shall revoke all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approval under this chapter to the person for 3 years.

(b) Except as provided under par. (a), for the violation of any provision of this chapter or any relating to bear hunting, to the activities specified in s. 29.184 (3) (br) 1. to 3. or to the validation of a bear carcass tag or registration of a bear, by a forfeiture of not more than $1,000.

(c) Any person who is convicted of hunting bear or engaging in any of the activities under s. 29.184 (3) (br) with a dog that is not in compliance with s. 29.184 (4) or the licensing requirements under s. 174.053 or 174.07 may have his or her Class A or Class B bear hunting license revoked; and if the license is revoked, no Class A or Class B bear hunting license may be issued to the person for a period of 3 years after the date of conviction.

(11p)(a) For entering the den of a hibernating black bear and harming the bear, by a fine of not more than $10,000 or imprisonment for not more than 9 months or both.

(b) Paragraph (a) does not apply if the activity subject to the penalty under par. (a) has been specifically approved by the department and is necessary to conduct research activities.

(11r)(a) For the violation of s. 29.083 (2) (a), by a forfeiture of not more than $500.

(b) For the violation of s. 29.083 (2) (b), by a forfeiture of not more than $1,000.

(11v) For failing to reimburse the department as required under s. 29.404 (3), by a forfeiture of not more than $100.

(12) In addition to any other penalty for violation of this chapter or any department order made under this chapter, the court may revoke or suspend any or all privileges and approvals granted under this chapter for a period of up to 3 years. If a person is convicted of reckless or highly negligent conduct in the operation or handling of a firearm or bow and arrow in violation of s. 940.08, 940.24 or 941.20 and either death or bodily harm to another results from that violation, the court shall revoke every approval issued to that person under this chapter and shall provide a fixed period during which no new approval may be issued to the person. If no death or bodily harm to another results from the violation, the court may revoke any approval issued to that person under this chapter and may provide a fixed period during which no new approval may be issued to the person.

(13) No penalty prescribed in any section of this chapter shall be held to be diminished because the violation for which it is prescribed falls also within the scope of a more general prohibition.

(14) In any prosecution under this section it is not necessary for the state to allege or prove that the animals were not farm-raised deer, farm-raised fish, farm-raised game birds, wild animals subject to regulation under ch. 169, or domestic animals, that they were not taken for scientific purposes, or that they were taken or in possession or under control without a required approval. The person claiming that these animals were farm-raised deer, farm-raised fish, farm- raised game birds, wild animals subject to ch. 169, or domestic animals, that they were taken for scientific purposes or that they were taken or in possession or under control under the required approval, has the burden of proving these facts.

HISTORICAL AND STATUTORY NOTES

Source:
2003 Act 139, §§ 51, 52, eff. March 25, 2004.
2003 Act 249, §§ 3 to 5, eff. April 28, 2004.
2005 Act 288, §§ 57 to 62, eff. July 1, 2006.
2005 Legislation:
2005 Act 288 amended subsec. (1)(b) and (c); renumbered and amended subsec. (1)(d) as (1)(d)2. and 3.; created subsec. (1)(d)1. and 4.; and amended subsecs. (1)(e) and (5).
2003 Legislation:
2003 Act 249 amended subsec. (1)(a) and created subsecs. (1)(ag) and (1)(ar).
2003 Act 139 amended subsecs. (1g) and (2)(c).
2003 Act 139, § 227 provides:
"This act first applies to actions commenced on the effective date [March 25, 2004] of this subsection."
2004 Main Volume

Police Regulations.  Chapter 169. Captive Wildlife.

169.20. Dog training licenses

(1) Bird dog training license. (a) The department shall issue a bird dog training license to any individual who is at least 12 years of age who files a proper application and who pays the applicable fee.

(b) Except as provided in par. (c), a bird dog training license authorizes the holder of the license to purchase, possess, release into the wild, and hunt any of the live captive wild birds specified in s. 169.19(2)(b)1. to 6. solely for the purposes of training a dog to retrieve, point, flush, and track game.

(c) The department may restrict the possessing, releasing, and hunting of a species of wild birds specified in par. (b) by persons holding dog training licenses in zones or areas for which the department has by rule imposed special hunting restrictions for that species.

(d) A person training a bird dog in a bird hunting preserve for which the hunting of pheasant, quail, mallard ducks bred in captivity, or partridge has been authorized under a bird hunting preserve license is exempt from holding a bird dog training license to possess, release into the wild, and hunt live captive wild birds for the purposes of training the dog to retrieve, point, flush, and track wild birds.

(2) Hound dog training license. (a) The department shall issue a hound dog training license to any individual who is at least 12 years of age who files a proper application and who pays the applicable fee.

(b) A hound dog training license authorizes the holder of the license to purchase, possess, release into the wild, and hunt any of the following wild animals for the purpose of teaching hound dogs to track game:

1. Live captive rabbit purchased or otherwise acquired from a person holding a captive wild animal farm license.

2. Live captive raccoon.

3. Live captive bear of the species Ursus americanus.

4. Live captive fox.

5. Live captive coyote.

6. Live captive bobcat.

(3) Dog club training license. (a) The department may issue a dog club training license to an organization that meets the conditions established by the department by rule for dog club training licenses, that files a proper application and that pays the applicable fee.

(b) A dog club training license authorizes the club or its members to purchase, possess, release into the wild, and hunt species of live captive wild animals that are authorized by the department on property owned or leased by the club for the purpose of teaching a bird dog or hound dog to retrieve, point, flush, or track game.

(4) Rules. The department may promulgate rules to establish additional standards, limitations, and requirements for licenses issued under this section. The rules may include standards that provide adequate protection for the wild animals that are authorized under a dog training license. The department shall issue a license to an applicant based on the rules in effect under this subsection on the date of the application and may not delay the issuance of a license pending promulgation of additional, modified, or new rules.

(5) Restrictions. (a) No person may sell wild animals under a license issued under this section, but a person holding a bird dog training license who has been contracted to train a dog may charge for the wild birds used in the training.

(b) A license under this section does not authorize organized competitive field events.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
2001 Act 56, § 224, eff. Jan. 1, 2003.
2003 Act 239, §§ 1m to 4m, eff. April 28, 2004.

Former Sections:
St.1967, § 169.20 was renumbered 444.15 and amended by L.1969, c. 336, § 147, eff. Jan. 29, 1970

169.21. Dog trial licenses

(1) Bird dog trial license. (a) The department shall issue a bird dog trial license to any person who files a proper application and who pays the applicable fee.

(b) A bird dog trial license authorizes the holder of the license to purchase, possess, release into the wild, and hunt any live captive wild bird for any organized competitive field event that involves sporting dog breeds and that is sanctioned, licensed, or recognized by a local, state, regional, or national dog organization.

(2) Hound dog trial license. (a) The department shall issue a hound dog trial license to any person who files a proper application and who pays the applicable fee.

(b) A hound dog trial license authorizes the holder of the license to purchase, possess, release into the wild, and hunt live captive raccoon, live captive rabbit, live captive fox, live captive coyote, live captive bobcat, and live captive bear of the species Ursus americanus for any organized competitive field event that involves sporting dog breeds and that is sanctioned, licensed, or recognized by a local, state, regional, or national dog organization.

(3) Rules. The department may promulgate rules to establish additional standards, limitations, and requirements for licenses issued under this section. The rules may include standards that provide adequate protection for the wild animals that are authorized under a dog trial license. The department shall issue a license to an applicant based on the rules in effect under this subsection on the date of the application and may not delay the issuance of a license pending promulgation of additional, modified, or new rules.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
2001 Act 56, § 224, eff. Jan. 1, 2003.
2003 Act 239, §§ 5, 6m, eff. April 28, 2004.
Former Sections:
St.1967, § 169.21 was renumbered 444.16 by L.1969, c. 336, § 148, eff. Jan. 29, 1970

169.31. License and tag fees

(1) Fees. The following fees shall be paid to the department for the issuance or renewal of licenses:

(a) Captive wild animal farm licenses. 1. The fee for an initial Class A captive wild animal farm license is $200 and the fee for an initial Class B captive wild animal farm license is $50. The department shall waive the fee for an initial license under this subdivision for an individual who is under 14 years of age if the individual is a member of a 4-H club or a sporting club.

2. The fee for a renewal of a Class A captive wild animal farm license is $100, and the fee for a renewal of a Class B captive wild animal farm license is $25.

(d) Wild fur farm license. The fee for a wild fur farm license is $50.

(e) Bird hunting preserve licenses. 1. The fee for an initial Class A bird hunting preserve license is $300, and the fee for an initial Class B bird hunting preserve license is $200.

2. The fee for a renewal of a Class A bird hunting preserve license is $200, and the fee for a renewal of a Class B bird hunting preserve license is $100.

(f) Dog training licenses. 1. The fee for a bird dog training license is $25.

2. The fee for a hound dog training license is $25.

3. The fee for a dog club training license is $100.

(g) Dog trial licenses. 1. The fee for a bird dog trial license is $25.

2. The fee for a hound dog trial license is $25.

(i) Stocking license. The fee for a stocking license is $25.

(j) Rehabilitation license. There is no fee for a rehabilitation license.

(k) Scientific research license. The fee for a scientific research license is $25.

(L) Nonprofit educational exhibiting license. The fee for a nonprofit educational exhibiting license is $25.

(m) Nonresident temporary exhibiting license. The fee for a nonresident temporary exhibiting license is $50.

(o) Validation license. There is no fee for an initial or subsequent validation license.

(2) Late fee. The late fee for the renewal of any license issued under this chapter that is filed after the expiration date of the license is $20.

(3) Applicability of license; cumulative fees. (a) Except as provided in par. (b) or (bn), a license issued under this section authorizes the applicable activity on only one block of contiguous land.

(b) The department shall continue to issue one license under this chapter to a business or other operation that was licensed for certain activities as one legal entity with one set of records under one license under s. 29.865, 1999 stats., s. 29.867, 1999 stats., or s. 29.869, 1999 stats., if the activities for which the license was issued were conducted on noncontiguous land and there is one license that authorizes all of those activities. The department shall continue to issue the one license until the person holding that one license ceases to be issued a license for the activities or until the person holding the one license issued ceases to have a controlling interest in that business or operation.

(bn) Upon request of an applicant for a Class A bird hunting preserve license, the department shall issue a single license for a Class A bird hunting preserve that is not in one block of contiguous land if each parcel of the land is at least 80 acres in size and if all of the parcels are located in the same county or if each of the outlying parcels is either in the same county as the parcel on which the hunting preserve bases its operations or in a county that is adjacent to that county.

(c) A person applying for 2 or more licenses under this section that are necessary to engage in a single business or other operation shall pay a total fee that equals the fee for the required license with the highest fee that is required, plus 50% of the fee for each additional required license.

(4) Tags. Any tags required by this chapter or rules promulgated under this chapter shall be provided by the department for a fee that is equal to the cost to the department.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
2001 Act 56, § 224, eff. Jan. 1, 2003.

169.32. Licenses; effective periods

(1) Captive wild animal farm license. A captive wild animal farm license is valid from the date of issuance until the following December 31.

(4) Wild fur farm license. A wild fur farm license is valid from the date of issuance until the 3rd December 31 following the date of issuance.

(5) Bird hunting preserve license. A bird hunting preserve license is valid from the date of issuance until the following May 30.

(6) Dog training licenses. (a) A bird dog training license is valid from the date of issuance until the 3rd December 31 following the date of issuance.

(b) A hound dog training license is valid from the date of issuance until the 3rd December 31 following the date of issuance.

(c) A dog club training license is valid from the date of issuance until the 3rd December 31 following the date of issuance.

(7) Dog trial licenses. (a) A bird dog trial license is valid from the date of issuance until the following December 31.

(b) A hound dog trial license is valid from the date of issuance until the following December 31.

(9) Stocking license. A stocking license is valid for the period specified on the license, which may not exceed 30 days.

(10) Rehabilitation license. A rehabilitation license is valid for 3 consecutive years from the date of issuance.

(11) Scientific research license. A scientific research license is valid from the date of issuance until the following December 31.

(12) Nonprofit educational exhibiting license. A nonprofit educational exhibiting license is valid from the date of issuance until the following December 31.

(13) Nonresident temporary exhibiting license. (a) Except as provided in par. (b), a nonresident temporary exhibiting license is valid for the period specified on the license, which may not exceed 30 days.

(b) Upon application, the department may grant extensions of the nonresident temporary exhibiting license beyond 30 days.

(15) Validation licenses. An initial or subsequent validation license is valid from the date of issuance until the 5th December 31 after the date of issuance and may be renewed for 5-year periods thereafter.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
2001 Act 56, § 224, eff. Jan. 1, 2003.

169.33. Licenses; applications; renewals; terminations

(1) Application. The application for a license under this chapter shall be on a form provided by the department or in a format approved by the department, and shall request the information required by the department. The department may not issue a license unless the applicant provides the information required.

(2) Eligibility requirements for minors. (a) Each applicant for a license under this chapter who is less than 18 years of age shall have the application signed by a parent or guardian.

(b) Except as provided in pars. (c) and (d), an individual who applies for a license under this chapter shall be at least 14 years of age.

(c) An individual who applies for a captive wild animal farm license may be less than 14 years of age if the individual is a member of a 4-H club or a sporting club.

(d) An individual who applies for a bird dog training license or a hound dog training license shall be at least 12 years of age.

(3) Renewals. (a) Except as provided in par. (b), a person applying to renew a license issued under this chapter shall file an application with the department on or before the expiration date of the license.

(b) A person may apply for a renewal of a license issued under this chapter not more than 45 days after the license's expiration date if the application is accompanied by the late fee specified under s. 169.31(2), in addition to any regular renewal fee.

(4) Incorrect information. No person may provide information that the person knows to be incorrect in order to obtain a license issued under this chapter to which the person is not entitled.

(4m) Incorrect records or reports. No person may fail to keep records or submit reports as required under this chapter.

(5) Expiration of license. A person holding a license issued under this section that expires or is revoked or suspended shall remove or cause to be removed from the land subject to the license any signs indicating that the land was so licensed within 45 days after the expiration, revocation, or suspension.

(6) Compliance. No person may violate any condition or limitation imposed by the department on a license issued under this chapter.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
2001 Act 56, § 224, eff. Jan. 1, 2003.

169.36. Record-keeping and reporting requirements

(1) Captive wild animal farm licenses, bird hunting preserve licenses, and nonprofit educational exhibiting licenses. (a) Records; generally. Each person holding a captive wild animal farm license, a bird hunting preserve license, or a nonprofit educational exhibiting license shall keep a correct and complete record of all of the following information:

1. For each transaction in which live wild animals are purchased, sold, acquired, or transferred:

a. The complete name and address and the number of any license issued under this chapter of the person from whom the wild animals were purchased or acquired or of the person to whom the wild animals were sold or transferred.

b. The date of the transaction and the number and species of the wild animals.

2. All wild animals belonging to the holder of the license that have died, have been killed, or have escaped.

(b) Records; additional requirements; exemptions. 1. A person holding a bird hunting preserve license is exempt from keeping the records required under par. (a)1. a. for those wild birds that are killed on the land subject to the license.

2. For the taking of wild reptiles or wild amphibians from the wild, a person required to hold a license for such taking under this chapter shall include in the person's records the date of the taking and the location of the taking.

(2) Wild fur farm licenses. Each person holding a wild fur farm license shall keep a correct and complete record of the complete name and address and the number of any license issued under this chapter of each person to whom the license holder sells a live fur-bearing wild animal.

(3) Rehabilitation licenses. Each person holding a rehabilitation license shall keep a correct and complete record of all of the following information for each wild animal:

(a) The date that the wild animal in need of rehabilitation is received and the species of the wild animal.

(b) The condition of the wild animal that requires rehabilitation.

(c) The disposition of the wild animal, including the date and location of its release into the wild or its transfer to the department.

(d) The cause of death, if known, for a wild animal that dies.

(e) Health records as required by the department.

(4) Dog training and trial licenses. Each person holding a bird dog training license, a hound dog training license, a dog club training license, a bird dog trial license, or a hound dog trial license shall keep a receipt of the purchase of each wild animal purchased under the authority of the license and a correct and complete record of any testing for disease on these wild animals that is required under rules promulgated under s. 169.06(3m).

(5) Scientific research licenses. Each person holding a scientific research license shall keep a correct and complete record of all of the following information for each wild animal:

(a) The disposition of the wild animal, including the date and location of its release into the wild or its transfer to the department.

(b) The cause of death, if known, for a wild animal that dies.

(7) Additional information. The department may impose additional record-keeping requirements on any holders of licenses under this chapter.

(8) Zoos. If a zoo or aquarium is not an accredited member of the American Zoo and Aquarium Association, the governing body of the zoo or aquarium shall keep correct and complete records of all transactions involving the movement of wild animals that are native wild animals, nonnative wild animals of the family cervidae, harmful wild animals, or endangered or threatened species. The department shall determine the information to be kept in these records.

(9) Records; timing. (a) A person holding a license subject to this section shall record all of the information required under this section within 7 days after the occurrence of the transaction or activity. A person holding a license subject to this section shall keep these records for 3 years after the last day of the year in which the record was entered.

(b) In addition to the requirements under par. (a), the person holding a license subject to this section shall provide a copy of the record required under this section to the department on a quarterly basis, as determined by the department, if the transaction or activity involved any live wild animal of the family canidae, ursidae, mustelidae, or felidae, or any harmful wild animal.

(d) The department may require, by rule, that submission of the records required under this section to the department be a condition for renewal of any license subject to this section.

(10) Reports. (a) Each person holding a license subject to this section shall submit an annual summary report for each license year to the department that contains all of the following information for each species of wild animal possessed by the person holding the license:

1. The number of wild animals that the person holding the license possesses on the date of the report.

2. The number of wild animals that the person holding the license has purchased or otherwise acquired during the reporting year.

3. The number of wild animals that the person holding the license has sold, released into the wild, or otherwise transferred during the reporting year.

4. The number of wild animals that have been killed or have escaped or died during the reporting year.

(b) The person holding the license shall submit the annual report under par. (a) within 30 days after the last day of the license year that the report covers.

(10m) Prior records. A person required to keep records or reports under s. 29.853(3)(b), 1999 stats., 29.855(3)(c), 1999 stats., s. 29.865(4)(b), 1999 stats., 29.867(8), 1999 stats., s. 29.869(9), 1999 stats., s. 29.871, 1999 stats., or s. 29.877(6), 1999 stats., shall maintain copies of the records and reports that are in existence on January 1, 2003, for a period of 3 years beginning on January 1, 2003.

(11) Requirements as to form. The records and reports required under this section shall be in the English language and shall be on forms provided by the department or in a format approved by the department.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
2001 Act 56, § 224, eff. Jan. 1, 2003.

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.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.

173.02. Renumbered 172.52 by 1995 Act 192, § 12, eff. Dec. 1, 1999

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.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.

173.04. Renumbered 172.54 by 1995 Act 192, § 12, eff. Dec. 1, 1999

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. 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 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.

HISTORICAL AND STATUTORY NOTES

1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.

173.06. Renumbered 172.56 by 1995 Act 192, § 12, eff. Dec. 1, 1999

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. 66.0119.

(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.

HISTORICAL AND STATUTORY NOTES

1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.
2001 Act 30, §§ 72 to 74, eff. Dec. 14, 2001.

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.

HISTORICAL AND STATUTORY NOTES

1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.
2001 Act 30, § 75, eff. Dec. 14, 2001.

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 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.

HISTORICAL AND STATUTORY NOTES

1998 Main Volume

Source:
L.1973, c. 314, § 6, eff. June 29, 1974.
L.1977, c. 449, § 477, eff. Aug. 1, 1978.
St.1985, § 948.16.
1987 Act 332, § 54, eff. July 1, 1989.
1995 Act 90, § 1, eff. Dec. 16, 1995.
St.1995, § 951.16.
1997 Act 192, § 26, eff. Dec. 1, 1999.

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.

HISTORICAL AND STATUTORY NOTES

1998 Main Volume

Source:

1997 Act 192, § 13, eff. Dec. 1, 1999.

173.12. Animal fighting; seizure

(1) 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.

(1m) If an animal has been seized because it is alleged that the animal has been used in or constitutes evidence of any crime specified in s. 951.08, the animal may not be returned to the owner by an officer under s. 968.20 (2). In any hearing under s. 968.20 (1), the court shall determine if the animal is needed as evidence or there is reason to believe that the animal has participated in or been trained for fighting. If the court makes such a finding, the animal shall be retained in custody .

(2) If the charges under s. 951.08 are dismissed or if the owner is found not guilty of a crime specified in s. 951.08, the animal shall be returned to the owner unless he or she is subject to the restrictions under s. 951.08(2m).

(3)(a) If the owner is convicted under s. 951.08 or is subject to the restrictions under s. 951.08 (2m), the animal shall be delivered to the local humane officer or county or municipal pound. If there is no local humane officer or pound, the animal may be delivered to a local humane society or to another person designated by the court. If the animal is one year old or older or shows indication of having participated in fighting, the animal shall be disposed of in a proper and humane manner.

(b) If the animal is less than one year old and shows no indication of having participated in fighting, the animal shall be released to a person other than the owner or disposed of 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. are covered under s. 173.24.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
L.1981, c. 160, §§ 3, 4, eff. April 9, 1982.
1983 Act 95, § 3, eff. Dec. 4, 1983.
St.1985, §§ 948.162, 948.165.
1987 Act 248, §§ 1r, 2, eff. April 21, 1988.
1987 Act 332, §§ 54, 64(1), eff. July 1, 1989.
St.1995, §§ 951.162, 951.165.
1997 Act 192, §§ 28, 29, eff. Dec. 1, 1999.

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).

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.
1999 Act 32, § 211, eff. April 19, 2000.
1999 Act 185, § 193(1), eff. Sept. 1, 2000.
1999 Act 185, § 193 provides:
"(1) Wherever 'employe', 'employes', 'employe's' or 'employes' ' appear in the statutes, 'employee', 'employees', 'employee's' or 'employees' ' are substituted.
"(2) Notwithstanding subsection (1), any person may use either spelling of these terms for any official purpose."

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.

HISTORICAL AND STATUTORY NOTES

1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.

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.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.

173.19. Animals considered unclaimed

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., 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.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.

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.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.

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.

HISTORICAL AND STATUTORY NOTES
1998 Main Volume
Source:
1997 Act 192, § 13, eff. Dec. 1, 1999.

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 animal 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 applies:

(a) The animal is hopelessly injured beyond any reasonable chance of