Get your own Free Home Page174.01 Restraining action against dogs.
(1) Killing a dog.
(a) Except as provided in par.(b)
(b) a person may intentionally kill a dog only if a person is threatened
with serious bodily harm by the dog and:
1. Other restraining actions were tried and failed; or
2. Immediate action is necessary
(c) A person may intentionally kill a dog if a domestic animal that
is owned or in the
custody of the person is threatened with serious bodily harm by the
dog and the dog is
on property owned or controlled by the person and:
1. Other restraining actions were tried and failed; or
2. Immediate action is necessary.
(2) Inapplicable to
officers, veterinarians and persons killing their own dog.
This section does
not apply to an officer acting in the lawful performance of his or her
duties
under s. 29.931
(2) (b), 95.21, 174.02 (3) or 174.046 (9), or to a veterinarian killing
a dog
in a proper and
humane manner or to a person killing his or her own dog in a proper and
humane manner.
(3) Liability
and penalties. A person who violates this section:
(a) Is liable to the owner of the dog for double damages resulting
from the killing;
(b) Is subject to the penalties provided under s. 174.15; and
(c) May be subject to prosecution, depending on the circumstances
of the case, under
s.951.02.
174.01 - ANNOT.
History: Sup. Ct. Order, 67 Wis. 2d 585, 775 (1975); 1975 c. 218; 1979 c. 289; 1981 c. 285; 1983 a. 451; 1987 a. 332 s. 64; 1997 a. 192, 248; s. 13.93 (2) (c).
174.02 Owner's liability for damage caused
by dog; penalties; court order to kill a dog.
(1) Liability for
injury.
(a) Without notice. Subject to s. 895.045, 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.
(b) After notice. Subject to s. 895.045, 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.
(2) Penalties imposed
on owner of dog causing damage.
(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.
(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.
(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.
(3) Court order to
kill a dog.
(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:
1. The dog caused serious injury to a person or domestic animal on
2 separate
occasions off the owner's property, without reasonable cause.
2. The owner of the dog was notified or knew prior to the 2nd injury,
that the dog
caused the first injury.
(b) Any officer enforcing a judgment under this subsection shall
kill a dog in a proper and
humane manner.
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