174.11 Claims for damage by dogs to domestic animals including ranch mink.
174.12 Actions against owners.
174.13 Humane use of dogs for scientific or educational purposes.
174.001
174.001
Definitions. As used in this chapter, unless the context indicates otherwise:
174.001(1)
(1) "Collar" means a band, strip or chain placed around the neck of a dog.
174.001(2)
(2) "Department" means the department of agriculture, trade and consumer protection.
174.001(2g)
(2g) "Domestic animal" includes livestock, dogs and cats.
174.001(2m)
(2m) The term "kennel" means any establishment wherein or whereon dogs are kept for the purpose of breeding, sale or sporting purposes.
174.001(3)
(3) "Livestock" means any horse, bovine, sheep, goat, pig, elk or other deer raised in captivity, llama, alpaca, domestic rabbit, farm-raised deer, as defined in
s. 95.001 (1) (a), or domestic fowl, including game fowl raised in captivity.
174.001(5)
(5) "Owner" includes any person who owns, harbors or keeps a dog.
174.001 Annotation
The casual presence of a dog on someone's property does not make that person a "keeper". "Harboring" a dog means to afford it lodging, to shelter it or give it refuge; it does not include the transient presence in one's home by another's dog. Pattermann v. Pattermann,
173 Wis. 2d 143,
496 N.W.2d 613 (Ct. App. 1992).
174.01
174.01
Restraining action against dogs. 174.01(1)(a)(a) Except as provided in
par. (b), a person may intentionally kill a dog only if a person is threatened with serious bodily harm by the dog and:
174.01(1)(b)
(b) A person may intentionally kill a dog if a domestic animal that is owned or in the custody of the person is threatened with serious bodily harm by the dog and the dog is on property owned or controlled by the person and:
174.01(2)
(2) Inapplicable to officers, veterinarians and persons killing their own dog. This section does not apply to an officer acting in the lawful performance of his or her duties under
s. 29.931 (2) (b),
95.21,
173.23 (1m) (c),
(3) or
(4) or
174.02 (3), or to a veterinarian killing a dog in a proper and humane manner or to a person killing his or her own dog in a proper and humane manner.
174.01(3)
(3) Liability and penalties. A person who violates this section:
174.01(3)(a)
(a) Is liable to the owner of the dog for double damages resulting from the killing;
174.01(3)(c)
(c) May be subject to prosecution, depending on the circumstances of the case, under
s. 951.02.
174.02
174.02
Owner's liability for damage caused by dog; penalties; court order to kill a dog. 174.02(1)(a)(a)
Without notice. Subject to
s. 895.045 and except as provided in
s. 895.57 (4), the owner of a dog is liable for the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property.
174.02(1)(b)
(b)
After notice. Subject to
s. 895.045 and except as provided in
s. 895.57 (4), the owner of a dog is liable for 2 times the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property if the owner was notified or knew that the dog previously injured or caused injury to a person, domestic animal or property.
174.02(2)
(2) Penalties imposed on owner of dog causing damage. 174.02(2)(a)(a)
Without notice. The owner of a dog shall forfeit not less than $50 nor more than $500 if the dog injures or causes injury to a person, domestic animal, property, deer, game birds or the nests or eggs of game birds.
174.02(2)(b)
(b)
After notice. The owner of a dog shall forfeit not less than $200 nor more than $1,000 if the dog injures or causes injury to a person, domestic animal, property, deer, game birds or the nests or eggs of game birds, if the owner was notified or knew that the dog previously injured or caused injury to a person, domestic animal, property, deer, game birds or the nests or eggs of game birds.
174.02(2)(c)
(c)
Penalties in addition to liability for damages. The penalties in this subsection are in addition to any other liability imposed on the owner of a dog.
174.02(3)(a)(a) The state or any municipality may commence a civil action to obtain a judgment from a court ordering an officer to kill a dog. The court may grant the judgment if the court finds both of the following:
174.02(3)(a)1.
1. The dog caused serious injury to a person or domestic animal on 2 separate occasions off the owner's property, without reasonable cause.
174.02(3)(a)2.
2. The owner of the dog was notified or knew prior to the 2nd injury, that the dog caused the first injury.
174.02(3)(b)
(b) Any officer enforcing a judgment under this subsection shall kill a dog in a proper and humane manner.
174.02(4)(b)
(b) The owner of a dog that is used by a law enforcement agency is not liable under
sub. (1) for damages caused by the dog to a crime suspect while the dog is performing law enforcement functions.
174.02(4)(c)
(c) Subsection (2) does not apply to the owner of a dog that is used by a law enforcement agency if the dog injures a crime suspect while the dog is performing law enforcement functions.
174.02(4)(d)
(d) Subsection (3) does not apply to a dog that is used by a law enforcement agency if the dog injures a crime suspect while the dog is performing law enforcement functions.
174.02 Annotation
Public policy does not prohibit insurance coverage for statutorily imposed multiple damages. Cieslewicz v. Mutual Service Cas. Ins. Co.
84 Wis. 2d 91,
267 N.W.2d 595 (1978).
174.02 Annotation
Doubling of damages under s. 174.02 (1) (b), 1983 stats., operates only after application of laws of comparative negligence. Sprague v. Sprague,
132 Wis. 2d 68,
389 N.W.2d 823 (Ct. App. 1986).
174.02 Annotation
To be a "keeper" of a dog within the definition of "owner" under this statute, the person must exercise some measure of custody, care or control. An "owner" injured while in control of the dog may not use the statute to hold another owner liable. Armstrong v. Milwaukee Mutual Insurance Co.
202 Wis. 2d 258,
549 N.W.2d 723 (1996).
174.02 Annotation
A landlord does not become a harborer of a tenant's dog by merely permitting the tenant to keep the dog. Malone v. Fons,
217 Wis. 2d 746,
580 N.W.2d 697 (Ct. App. 1998).
174.02 Annotation
Armstrong has no application when one who is neither an owner or keeper of the dog is injured. Sub. (1) imposes strict liability on an owner when the person injured is neither the dog's owner or keeper. Fifer v. Dix, 2000 WI App 66,
234 Wis. 2d 117,
608 N.W.2d 740.
174.02 Annotation
An owner may sue a keeper for contribution when an innocent 3rd-party has been injured. Fire Insurance Exchange v. Cincinnati Insurance Company, 2000 WI App 82, 234 Wis.2d 314,
610 N.W.2d 98.
174.02 Annotation
This statute applies in the case of a person tripping over a sleeping dog, but public policy precludes liability. Alwin v. State Farm Fire and Casualty Company, 2000 WI App 92,
234 Wis. 2d 441,
610 N.W.2d 218.
174.02 Annotation
Recent changes in the statutory liability of Wisconsin dog owners: How expensive is fido? Eiche. WBB April 1984.
174.042
174.042
Dogs running at large and untagged dogs subject to impoundment; penalties. 174.042(1)(a)(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.
174.042(1)(b)
(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.
174.042(2)
(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.
174.042(3)
(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.
174.042(4)
(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.
174.05
174.05
Dog license tax. 174.05(1)(1)
Requirement. Except as provided in
s. 174.054, the owner of a dog more than 5 months of age on January 1 of any year, or 5 months of age within the license year, shall annually, or on or before the date the dog becomes 5 months of age, pay the dog license tax and obtain a license.
174.05(2)
(2) Tax. The minimum dog license tax is $3 for a neutered male dog or spayed female dog, upon presentation of evidence that the dog is neutered or spayed, and $8 for an unneutered male dog or unspayed female dog, or one-half of these amounts if the dog became 5 months of age after July 1 of the license year.
174.05(3)
(3) Additional tax. The governing body of any county may by a majority vote of the members present at any regular meeting raise the minimum dog license tax on dogs within its jurisdiction and the governing body of any town, village or city may by resolution raise the minimum dog license tax on dogs within its jurisdiction. If the governing body of any county, town, village or city increases the minimum tax, it shall provide that the tax for unneutered male dogs and unspayed female dogs is greater than the tax for neutered male dogs and spayed female dogs. The additional tax may not exceed the total cost of all dog licensing, regulating and impounding activities for the previous year, less any refunds which may be received under
s. 174.09 (2), and shall be levied and collected in the same manner as other dog license taxes.
174.05(4)
(4) License year. The license year commences on January 1 and ends on the following December 31.
174.05(5)
(5) Late fees. The collecting official shall assess and collect a late fee of $5 from every owner of a dog 5 months of age or over, if the owner failed to obtain a license prior to April 1 of each year, or within 30 days of acquiring ownership of a licensable dog or if the owner failed to obtain a license on or before the dog reached licensable age. All late fees received or collected shall be paid into the local treasury as revenue of the town, village or city in which the license was issued. The governing body of any county, town, village or city may, when setting the amount of the tax, provide that any person purchasing a dog license for a dog 5 months of age or over after April 1 shall pay an additional late fee.
174.052
174.052
Publication of the dog license requirement and rabies vaccination requirement. 174.052(1)
(1)
January notice. The county board of each county shall cause a class 1 notice under
ch. 985 to be published between January 1 and January 15 of each year in a newspaper having general circulation in the county notifying the public that rabies vaccinations and dog licenses are required under the statutes.
174.052(2)
(2) March notice. The county board of each county shall cause a class 1 notice under
ch. 985 to be published between March 1 and March 15 of each year in a newspaper having general circulation in the county notifying the public that rabies vaccinations and dog licenses are required under the statutes and that late fees may be assessed after April 1.
174.052 History
History: 1979 c. 289.
174.053(1)(1)
Kennel license option. Any person who keeps or operates a kennel may, instead of the license tax for each dog required by this chapter, apply to the collecting official for a kennel license for the keeping or operating of the kennel. Such person shall pay for the license year a license tax of $35 for a kennel of 12 or fewer dogs and an additional $3 for each dog in excess of 12. Upon payment of the required kennel license tax and upon presentation of evidence that all dogs over 5 months of age are currently immunized against rabies, the collecting official shall issue the kennel license and a number of tags equal to the number of dogs authorized to be kept in the kennel.
174.053(2)
(2) Kennel license tags. Kennel license tags shall be made in a form so that they may be readily distinguishable from the individual license tags for the same year. The owner or keeper of a kennel shall keep at all times a kennel license tag attached to the collar of each dog over 5 months old kept by the owner or keeper under a kennel license but this requirement does not apply to a dog during competition or training, to a dog securely confined indoors, to a dog while hunting or to a dog securely confined in a fenced area. These tags may be transferred from one dog to another within the kennel whenever any dog is removed from the kennel. The rabies vaccination tag or substitute tag shall remain attached to the dog for which it is issued at all times but this requirement does not apply to a dog during competition or training, to a dog securely confined indoors, to a dog while hunting or to a dog securely confined in a fenced area. No dog bearing a kennel tag shall be permitted to stray or to be taken anywhere outside the limits of the kennel unless the dog is in leash or temporarily out for the purposes of hunting, breeding, trial, training or competition.
174.053(3)
(3) Applicability of other requirements. Unless clearly inapplicable, all the provisions of this chapter relating to the individual dog license tax, licenses and tags shall apply to the kennel license and tags.
174.054
174.054
Exemption for owners of dogs kept for educational or scientific purposes. Sections 95.21 (2) (a),
174.05 (1) and
174.07 (1) (a) do not apply to a person who owns dogs that are kept only for educational or scientific purposes.
174.054 History
History: 1983 a. 451.
174.055
174.055
Exemption of dogs for blind, deaf and mobility-impaired. Every dog specially trained to lead blind or deaf persons or to provide support for mobility-impaired persons is exempt from the dog license tax and every person owning such a dog shall receive annually a free dog license from the local collecting officer upon application.
174.055 History
History: 1979 c. 247;
1985 a. 67.
174.056
174.056
Dogs for blind, deaf and mobility-impaired admitted to public places. 174.056(1)
(1) No person who is an owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, amusement or recreation, including any inn, hotel, restaurant, eating place, barbershop, billiard parlor, store, public conveyance on land or water, theater, motion picture house, public educational institution or elevator, may refuse to permit entrance into, or use of, any such accommodations, if the accommodations are available, to a blind, deaf or mobility-impaired person for the reason that the person is being led by a dog specially trained, or being specially trained, to lead blind or deaf persons or to provide support for mobility-impaired persons, or to the trainer of that kind of dog for the reason that the trainer is accompanied by that kind of dog if:
174.056(1)(a)
(a) Such dog is wearing a harness or a leash and special cape; and
174.056(1)(b)
(b) The person has presented, for inspection, credentials issued by a school for training dogs for the blind, deaf or mobility-impaired.
174.056(2)
(2) Any person violating
sub. (1) may be fined not more than $100 or imprisoned not more than 30 days or both.
