Overview of Wisconsin Dog Ordinances
As a new pet owner, I have learned the importance of being aware of dog laws in Wisconsin and understanding how they impact both your beloved four-legged friend as well as your community as a whole. It is vital to follow the laws for their safety, as well as other pets and people in our communities. Wisconsin dog laws cover several aspects of having a pet, including licensing, rabies vaccination, and leash laws . Knowing and staying up to date on local ordinances where you live can help maintain the safety of you, your family, and your pet. In addition, counties and municipalities may even have ordinances that differ from those at the state level. That’s why it’s so important for pet owners to be familiar with the laws in their jurisdiction, and as a responsible pet owner, I recommend you also familiarize yourself with some of the most common laws and regulations in Wisconsin concerning dogs.
License Requirements for Dogs
In Wisconsin, dogs over five months of age must be licensed annually. If a dog is sold or transferred to another person within the same county, it is the responsibility of the new owner to license the dog within 30 days of transfer. Failing to license a dog can result in a fine of up to $1,000 from the state, though municipalities rarely impose these fines at the level described in the statutes. There are exemptions for dogs that accompany owners to manage livestock on their property. The fee for licensing fees varies by municipality and can generally be found on the website of the municipality where the dog owner resides. A dog which is adopted from an animal control agency or humane society within 30 days of the adoption is exempt from the fee. Further, if your dog is spayed or neutered, you may pay a lesser fee.
Leash and Confinement Laws
"When it comes to dog ownership in Wisconsin, there are laws in place that mandate the conditions under which your dog must be restrained. Leash laws, for instance, require dogs to be kept on a leash when they are outside your property boundary unless they are in an enclosed space. The specifics of these laws can vary by municipality, as local governments have the authority to set their own regulations regarding the restraint of dogs.
Generally, dogs must be secured on your property (such as in a fenced yard) or kept on a leash in public. Unleashed dogs off your property may face a citation and a fine. To determine the leash laws in your area, you will need to check your municipal ordinances or governing body website. Many municipalities will have an Animal Control Ordinance that outlines the restrictions on animal owners within your city or county.
Changes in the definition of "running at large" may increase scrutiny of "free roaming pets" by cities and counties. In some municipalities, the term "running at large" means a dog is off the property of the owner or other responsible person and not under physical restraint, but recent decisions may expand this definition.
As of 2008, "dog running at large" now means being at large in the city "outside the custody or control of a competent person by means of a lead, leash or chain; or not securely confined indoors or in a fenced or purposely enclosed kennel or pen." Dogs who are in an enclosed fence are still considered at large and in violation of city ordinance if they are still "not securely confined inside the house or in a fenced or purposely enclosed kennel or pen."
Your understanding of city ordinances can help you avoid municipal fines or fees for improperly restrained dogs, so check your local laws."
Dog Bites and Liability
As stated previously, in Wisconsin, the owner of dog does not have absolute liability for harm caused by the dog. A dog owner will be liable only if he or she fails to exercise ordinary care under the circumstances to control a pet so as to prevent it from causing injury to another person, entering the property of another or causing an injury to livestock or domestic animals. Under Wis. Stat. § 767.21, a dog bite victim must prove one of these elements:
• The victim did not provoke the dog;
• The victim was on public property;
• The victim was privately invited to the dog owner’s property;
• The victim was authorized to be on the dog-owner’s property;
• The dog was not being used for military or police purposes;
• The dog was not owned or kept in an agricultural setting thus exempting him from liability.
If a plaintiff establishes that a dog owner is liable under Wis. Stat. § 174.02, then the dog owner may be liable for all damages sustained by the victim. A dog bite victim may recover medical expenses, lost wages and past and future pain and suffering. Other damages may be awarded if the victim can prove the dog owner knew the dog had vicious propensities or a tendency to bite people. See Wis. Stat. § 895.03.
Victims of dog bites in Wisconsin should consult an experienced dog bite attorney, like those at Guranowski & Brooks, S.C., who can advise clients on how best to approach a specific case.
Dangerous Dog Laws
An animal shall be deemed dangerous if it, without provocation, does any of the following:
(a) Causes a physical injury or death to a person or domestic animal or livestock on public or private property.
(b) Seriously disrupts a person’s ability to pursue a normal task.
(c) Causes reasonable apprehension of harm to a person under circumstances that do not constitute a random or surprise attack while the animal and person are off the animal owner’s property.
(d) Attacks a person under circumstances that constitute a random and surprise attack while that person is on the animal owner’s property.
(e) Causes property damage or destruction in addition to a described injury to a person or animal.
(f) Attacks another animal while both animals are off their owner’s property.
A person who owns or harbors a dog that the person knows is a dangerous dog may be fined $50 to $500 for a first offense, $100 to $1,000 for a second offense, and $300 to $5,000 for a third and subsequent offenses. In addition, the court shall order the dog’s owner or harborer to destroy the dog within five days after the final disposition of the case. The court may also order the owner or harborer to comply with ss. 173.13 and 173.14.
Animal Cruelty and Neglect
When it comes to how we treat dogs, the laws in Wisconsin are very clear. For instance, Wis. Stat. 951.01 sets forth the general prohibition against intentionally treating animals cruelly and/or violating the laws prohibiting animal fighting. Any person who…(a) Intentionally does any of the following to a domestic animal:(1)Maims, wounds, injuries or mutilates;(2)Fails to provide food, treatment, transportation or adequate shelter for it under the conditions of which it is kept or which it is exposed;(3)Causes or permits any dog or cat not to be provided with adequate food, adequate water, adequate shelter, adequate exercise, adequate ventilation, clean and sanitary conditions and prompt veterinary care when needed. Pursuant to Wis. Stat. § 173.13, a dog must have an adequate yearly license, at an annual cost of $13 for an unaltered canine and $8 for an altered canine. If your dog is taken into custody or impounded by the proper authority under Wis . Stat. § 173.13, you will be charged a fee of not less than $15 per dog for the first day of confinement plus $10 for each additional day that the dog or dogs remain in custody after the expiration of the first day of confinement unless they are reclaimed or euthanized beforehand. You will also be charged an appropriate fee, as determined by the custodian of the animal(s), for all food, care, quarantine, and veterinary services provided for the animal or animals when calculating the necessary expenditure of the facility. Generally speaking, animal cruelty and neglect are crimes of intent, meaning the perpetrator acted with specific intent to harm or neglect an animal. See Wis. Stat. § 939.23. Under circumstantial evidence, a jury may infer criminal intent. However, somebody who simply makes a mistake in understanding how to properly care for their animal is not committing a crime or doing something illegal without malicious intent.
Regulations on Breeding and Selling Dogs
If you’re a dog owner in Wisconsin, then it’s important to ensure that your dog was bred legally and not purchased or sold from an unlicensed breeder or dog "broker." For example, if you buy a retriever from a broker, then find out that the dog is part wolf and not at all the type of pet that you were expecting, it’s your problem. If you own the dog or the dog dies, then you don’t have legal recourse to sue the broker or the previous owner by even attempting to use the "unfit for human companionship" rule that is for the protection of only the dog. So, you need to be sure you know what you’re getting into when purchasing a dog from an individual or at a yard sale, hotel parking lot, animal swap, etc. A person who holds a valid "dog seller" license can legally breed dogs to sell commercially to private individuals. But, if you do not have a license to sell, you’re breaking the law unless you own a real hobby kennel where you’re an occasional hobbyist and your sales are purely incidental. If you’re an occasional hobbyist, then check out Chapter ATCP 16 which outlines the exemptions in detail. You can sell/offer for sale for your own personal use—on average—up to two dogs per year, or six if you own six dogs and can prove you actually use them. Yet, you cannot legally sell them to anyone for resale, labs, or research purposes. Now, according to Wisconsin´s state laws, dogs must be inspected to be certified as healthy before being sold or offered for sale. This means that you must have a certificate from a veterinarian stating that, based on his or her diagnosis, the dog is deemed healthy overall. A kennel license is required, and you have to maintain up-to-date health records for every dog that you later sell or offer for sale.
Municipal Ordinance Variations
A community may adopt regulations that are more restrictive than state law concerning the regulation of dogs. These regulations often include licensing requirements, leash laws, and restrictions on dog parks. A community may also prohibit certain dog breeds. State law does not distinguish between types or breeds of dogs. Your municipality’s ordinances may prohibit any or all of these dog-related activities.
Law enforcement personnel or animal control officers may enforce more restrictive municipal regulations concerning dogs. In many communities, law enforcement personnel will also respond to calls concerning dogs at large. In general, fees associated with dog licensing, leash requirements, and other dog-related activities increase every two to three years. There is no limit on how front these fees may be established.
Communities have the option of adopting ordinances related to stray dogs. Local ordinances may require the humane trapping of stray or unleashed dogs and prohibit the relocation of those dogs. State law offers no such prohibition.
Communities often run dog parks. Dog parks offer a space that allows dogs to run freely without being leashed or fenced in. Local law enforcement personnel or animal control officers can enforce regulations associated with these parks. Many dog parks require permits as well as the payment of fees to use the park.
Final Thoughts and Resources
Staying informed about dog laws in Wisconsin is important, as violations can lead to legal consequences for owners, negligence related claims, and penalties. Dog owners who take these issues seriously will also find that they contribute to a more harmonious living environment for themselves, their pet, and everyone else in the neighborhood.
The information provided in this article is intended as a guide to dog laws in Wisconsin. As always, to get the facts about your situation, it is advised to consult with an attorney to ensure you understand your rights and responsibilities under the law.
Some additional resources include:
Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP)
DATCP provides guidelines for responsible dog ownership in Wisconsin .
Local Government Website
Check your local government website for ordinances related to dog ownership in your city or county. Most local government sites include information on licensing, leash laws, and responsible pet ownership.
Wisconsin Alliance for Animals
Advocates for animal protection in Wisconsin.
Wisconsin Humane Society
Provides resources and information on responsible pet ownership, as well as animal adoptive services.
The American Society for the Prevention of Cruelty to Animals (ASPCA)
Provides nationwide resources on appropriate dog ownership, and how to get information on local ordinances.
The Humane Society
Offers resources on responsible pet ownership, and how to locate your local shelters or rescues for more help.