Wisconsin Statutes 174.01 – Restraining action against dogs
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Terms Used In Wisconsin Statutes 174.01
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Domestic animal: includes livestock, dogs and cats. See Wisconsin Statutes 174.001
- Officer: has the meaning designated under…. See Wisconsin Statutes 174.001
- Officers: when applied to corporations include directors and trustees. See Wisconsin Statutes 990.01
- Owner: includes any person who owns, harbors or keeps a dog. See Wisconsin Statutes 174.001
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Property: includes real and personal property. See Wisconsin Statutes 990.01
(1) Killing a dog.
(a) Except as provided in par. (b), a person may intentionally kill a dog only if a person is threatened with serious bodily harm by the dog and:
1. Other restraining actions were tried and failed; or
2. Immediate action is necessary.
(b) A person may intentionally kill a dog if a domestic animal that is owned or in the custody of the person is threatened with serious bodily harm by the dog and the dog is on property owned or controlled by the person and:
1. Other restraining actions were tried and failed; or
2. Immediate action is necessary.
(2) Inapplicable to officers, veterinarians, and persons killing their own dog. This section does not apply to an officer acting in the lawful performance of his or her duties under s. 29.921 (7), 95.21, 173.23 (1m) (c), (3), or (4), or 174.02 (3), or to a veterinarian killing a dog in a proper and humane manner, or to a person killing his or her own dog in a proper and humane manner.
(3) Liability and penalties. A person who violates this section:
(a) Is liable to the owner of the dog for double damages resulting from the killing;
(b) Is subject to the penalties provided under s. 174.15; and
(c) May be subject to prosecution, depending on the circumstances of the case, under s. 951.02.