DOGS, LEASHES and the LAW

Over the past few months we have gotten reports of home owners who have gotten their dog(s) attacked by loose dogs while walking through the neighborhood. In each of the instances, the dogs being walked were on leashes and were attacked by dogs that were wandering loose in their yards….each incident happened in different parts of our association. There have also been reports of excessive dog barking as well. Below is some information that I obtained from Google pertaining to the responsibilities and liabilities of dog owners concerning these areas of concern.

In a nutshell, State of Wisconsin ruling on the leash law reads as:

Dogs may not run at large or be untagged (not licensed); dogs found to be running at large or untagged will be impounded. Owners of such dogs will be fined up to $100 for the first offense, and up to $200 for subsequent offenses. … A dog running at large or an untagged dog is subject to impoundment.

Furthermore, the law also states:

174.042 Dogs running at large and untagged dogs subject to impoundment; penalties.

(1) Dog running at large.

(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.

(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.

(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.

(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.

(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.

174.02 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 biting a person with sufficient force to break the skin and cause permanent physical scarring or disfigurement if the owner was notified or knew that the dog had previously, without provocation, bitten a person with sufficient force to break the skin and cause permanent physical scarring or disfigurement.

(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 $2,500 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 $5,000 if the dog injures or causes injury to a person, domestic animal, property, deer, game birds or the nests or eggs of game birds, and 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, any municipality, or a person who is injured by the dog, whose minor child was injured by the dog, or whose domestic animal is injured by the dog 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.

Keep in mind that these are only STATE laws….there are also local ordinances that govern animal control. Please help keep our little neighborhood safe and leash your pet!

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