Full question:
WHAT ARE THE LAWS ABOUT BEAR HUNTERS AND RUNNING A DOG THROUGH PRIVATE PROPERTY?
- Category: Animals
- Date:
- State: Wisconsin
Answer:
Please see the following WI statutes:
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 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.
(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.
(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.
(4) Law enforcement dogs.
(a) In this subsection, "law enforcement agency" has the meaning given
in s. 165.83 (1) (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.
(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.
(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.
174.01 Restraining action against dogs.
(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.
943.13 Trespass to land.
(1e) In this section:
(a) "Dwelling unit" means a structure or that part of a structure
which is used or intended to be used as a home, residence or sleeping
place by one person or by 2 or more persons maintaining a common
household, to the exclusion of all others.
(az) "Implied consent" means conduct or words or both that imply that
an owner or occupant of land has given consent to another person to
enter the land.
(b) "Inholding" means a parcel of land that is private property and
that is surrounded completely by land owned by the United States, by
this state or by a local governmental unit or any combination of the
United States, this state and a local governmental unit.
(c) "Local governmental unit" means a political subdivision of this
state, a special purpose district in this state, an instrumentality
or corporation of the political subdivision or special purpose
district or a combination or subunit of any of the foregoing.
(d) "Place of employment" has the meaning given in s. 101.01 (11).
(e) "Private property" means real property that is not owned by the
United States, this state or a local governmental unit.
(f) "Open land" means land that meets all of the following criteria:
1. The land is not occupied by a structure or improvement being used
or occupied as a dwelling unit.
2. The land is not part of the curtilage, or is not lying in the
immediate vicinity, of a structure or improvement being used or
occupied as a dwelling unit.
3. The land is not occupied by a public building.
4. The land is not occupied by a place of employment.
(1m) Whoever does any of the following is subject to a Class B
forfeiture:
(a) Enters any enclosed, cultivated or undeveloped land of another,
other than open land specified in par. (e) or (f), without the
express or implied consent of the owner or occupant.
(am) Enters any land of another that is occupied by a structure used
for agricultural purposes without the express or implied consent of
the owner or occupant.
(b) Enters or remains on any land of another after having been
notified by the owner or occupant not to enter or remain on the
premises.
(e) Enters or remains on open land that is an inholding of another
after having been notified by the owner or occupant not to enter or
remain on the land.
(f) Enters undeveloped private land from an abutting parcel of land
that is owned by the United States, this state or a local
governmental unit, or remains on such land, after having been
notified by the owner or occupant not to enter or remain on the land.
(1s) In determining whether a person has implied consent to enter the
land of another a trier of fact shall consider all of the
circumstances existing at the time the person entered the land,
including all of the following:
(a) Whether the owner or occupant acquiesced to previous entries by
the person or by other persons under similar circumstances.
(b) The customary use, if any, of the land by other persons.
(c) Whether the owner or occupant represented to the public that the
land may be entered for particular purposes.
(d) The general arrangement or design of any improvements or
structures on the land.
(2) A person has received notice from the owner or occupant within
the meaning of sub. (1m) (b), (e) or (f) if he or she has been
notified personally, either orally or in writing, or if the land is
posted. Land is considered to be posted under this subsection under
either of the following procedures:
(a) If a sign at least 11 inches square is placed in at least 2
conspicuous places for every 40 acres to be protected. The sign must
carry an appropriate notice and the name of the person giving the
notice followed by the word "owner" if the person giving the notice
is the holder of legal title to the land and by the word "occupant"
if the person giving the notice is not the holder of legal title but
is a lawful occupant of the land. Proof that appropriate signs as
provided in this paragraph were erected or in existence upon the
premises to be protected prior to the event complained of shall be
prima facie proof that the premises to be protected were posted as
provided in this paragraph.
(b) If markings at least one foot long, including in a contrasting
color the phrase "private land" and the name of the owner, are made
in at least 2 conspicuous places for every 40 acres to be protected.
(3) Whoever erects on the land of another signs which are the same as
or similar to those described in sub. (2) without obtaining the
express consent of the lawful occupant of or holder of legal title to
such land is subject to a Class C forfeiture.
(3m) An owner or occupant may give express consent to enter or remain
on the land for a specified purpose or subject to specified
conditions and it is a violation of sub. (1m) (a) or (am) for a
person who received that consent to enter or remain on the land for
another purpose or contrary to the specified conditions.
(4) Nothing in this section shall prohibit a representative of a
labor union from conferring with any employee provided such
conference is conducted in the living quarters of the employee and
with the consent of the employee occupants.
(4m) This section does not apply to any of the following:
(a) A person entering the land, other than the residence or other
buildings or the curtilage of the residence or other buildings, of
another for the purpose of removing a wild animal as authorized under
s. 29.885 (2), (3) or (4).
(b) A hunter entering land that is required to be open for hunting
under s. 29.885 (4m) or 29.889 (7m). (wildlife damage abatement measures )
(c) A person entering or remaining on any exposed shore area of a
stream as authorized under s. 30.134.
(5) Any authorized occupant of employer-provided housing shall have
the right to decide who may enter, confer and visit with the occupant
in the housing area the occupant occupies.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
