Wisconsin Animal Welfare Laws
Use of poison and explosives; pole traps. (1) Except
as provided by s.29.601 (4), it is unlawful to use
baits containing poison of any description in any
forests, fields or other places where it might destroy
or cause the destruction of wild animals or birds,
and the possession of any poison or poison baits
in a hunting or trapping camp or on any person while
hunting or trapping shall be prima facie evidence
of a violation.
(2) Except as provided
in sub.(3), no person may take, capture or kill
or attempt to take, capture or kill any wild animal
with the aid of any explosive or poison gas, or
set any explosive near or on any beaver or muskrat
houses. Possession or control of an explosive or
a poison gas in places described in sub. (1) is
prima facie evidence of intent to violate this subsection.
Any person who violates this subsection shall be
fined not more than $300 or imprisoned for not more
than 30 days or both.
Construction and application.
napping and catnapping.
animal from motor vehicle.
Transportation of animals.
of poisonous and controlled substances.
of certain devices prohibited.
Instigating fights between animals.
Shooting at caged or staked animals.
Harassment of police and fire animals.
Sale of baby rabbits, chicks and other
Artificially colored animals; sale.
Providing proper food and drink to confined
Providing proper shelter.
In this chapter:
“Animal” includes every living:
Warm-blooded creature, except a human being;
warden" means a warden appointed under s. 23.10.
means causing unnecessary and excessive pain or
suffering or unjustifiable injury or death.
animal" means any warm-blooded animal normally
raised on farms in the United States and used or
intended for use as food or fiber.
(3e) Humane "Officer"
means an officer appointed under s.173 03.
(3f) "Fire department"
included a volunteer fire department and a department
"Law enforcement agency" has the meaning
given in a s. 165.83 (1) (b).
(4) "Law enforcement
officer" has the meaning assigned under s.
967.02 (5) but does not include a conservation warden
appointed under s.23.10.
Construction and application, (1) This chapter may
not be interpreted as controvert any law regulating
wild animals that are subject of regulation under
ch..169, the taking of wild animals as defined in
a s.29 (90), or the slaughter of animals by persons
acting under state or federal law.
For purposes of enforcing this chapter as to wild
animals subject to regulation under ch.169, a conservation
warden has the same powers and duties that a law
enforcement officer has under this chapter.
Mistreating animals. No person may treat any animal
whether belonging to the person or another, in a
cruel manner. This section does not prohibit bona
fide experiments carried on for scientific research
or normal and accepted veterinary practices.
Decompression prohibited. No person may kill an
animal by means of decompression.
Dog napping and catnapping. No person may take the
dog or cat of another from one place to another
without the owner's consent or cause such a dog
or cat to be confined or carried out of this state
or held for any purpose without the owner's consent.
This section does not apply to law enforcement officers
or humane officers engaged in the exercise of their
Leading animal from motor vehicle. No person shall
lead any animal upon a highway from a motor vehicle
or from a trailer or semi trailer drawn by a motor
Transportation of animals. No person may transport
any animal in or upon any vehicle in a cruel manner.
951.06 Use of poisonous
and controlled substances. No person may expose
any domestic animal owned by another to any known
poisonous substance, any controlled substance included
in schedule 1,11,111, 1V or V of ch, 961, or any
controlled substance analog of a controlled substance
included in schedule 1 or 11 of ch. 961, whether
mixed with meat or other food or not, so that the
substance is liable to be eaten by the animal and
for the purpose of harming the animal. This section
shall not apply to poison used on one's own premises
and designed for the purpose of rodent or pest extermination
nor to the use of a controlled substance in bona
fide experiments carried on for scientific research
or in accepted veterinary practices.
Use of certain devices prohibited. No person may
directly or indirectly, or by aiding, abetting or
permitting the doing thereof, either put, place,
fasten, use or fix upon or to any animal used or
readied for use for a work purpose or for use in
an exhibition, completion, rodeo, circus or other
performance, any of the following devices: a bristle
bur, tack bur or like device; or a poling device
used to train a horse to jump which is charged with
electricity or to which have been affixed nails,
tacks or other sharp points.
fights between animals. (1) No person may
intentionally instigate, promote, aid or abet as
a principal, agent or employee, or participate in
the earnings from, or intentionally maintain or
allow any place to be used for a cockfight, dog
fight, bullfight or other fight between the same
or different kinds of animals or between an animal
and a person. This section does not prohibit events
or exhibitions commonly featured at rodeos or bloodless
No person may own, possess, keep or train
any animal with the intent that the animal be engaged
in an exhibition of fighting.
a person has been convicted under sub. (1) or (2),
the person may not own, possess, keep or train any
animal for a period of 5 years after the conviction.
In computing the 5-year period, time which the person
spent in actual confinement serving a criminal sentence
shall be excluded. The person may move the sentencing
court to have this requirement waived. The court
may waive the requirement except that the waiver
may not authorize the person to own, possess, keep
or train animals of the species involved in the
offense under sub. (1) or (2).
person may intentionally be spectator at a cockfight,
dog fight, bullfight or other fight between the
same or different kinds of animals or between an
animal and a person.
at caged or staked animals . (1)
No person may shoot, kill, or wound with
a firearm, or with any deadly weapon, any animal
that is tied, staked out, caged or otherwise intentionally
confined in an artificial enclosure, regardless
(a) Whoever is concerned in the commission
of a violation of this section is a principal and
may be charged with and convicted of the violation
although he or she did not directly commit it and
although the person who directly committed it has
not been convicted of the violation.
A person is concerned in the commission
of a violation of this section under par. (a) if
the person does any of the following:
Instigates, promotes, aids, or abets, the violation
as a principal, agent, employee, participant, or
Participates in any earnings from the commission
of the violation.
Intentionally maintains or allows any place to be
used for the commission of the violation.
This section does not apply to any of the following
A captive wild bird that is shot, killed, or wounded
on a bird hunting preserve licensed under s.169.19.
Farm-raised deer, as defined in s.95.001 (1) (ag).
Animals that are treated in accordance with normally
acceptable husbandry practices.
Harassment of police and fire animals. (1) No
person may do any of the following to any animal
that is used by law enforcement agency or fire department
to perform agency or department functions or duties:
Frighten, intimidate, threaten, abuse or harass
Strike, shove, kick or otherwise subject the animal
to physical contact.
Strike the animal by using a dangerous weapon.
Subsection (1) does not apply to any of
(a) Any act that is
performed by or with the authorization of the animal's
handler or rider.
Any act that is necessary for the training of an
animal to perform functions or duties for a law
of baby rabbits, chicks and other fowl. (1) No
person may sell, offer for sale, batter or give
away living chicks, ducklings or other fowl unless
the person provides proper brooder facilities for
the care of such chicks, ducklings or other fowl
during the time they are in the person's possession.
No retailer, as defined in s. 100.30 (2)
(e), may sell, offer for sale, barter or give away
living baby rabbits, baby chicks, ducklings or other
fowl under 2 months or age in any quantity less
than 6 unless in the business of selling these animals
for agricultural, wildlife or scientific purposes.
colored animals; sale. No person may sell,
offer for sale, raffle, give as a prize or premium,
use as an advertising device or display living chicks,
duckling, other fowl or rabbits that have been dyed
or otherwise colored artificially.
Providing proper food and drink to confined animals.
No person owning or responsible for confining
or impounding any animal may fail to supply the
animal with a sufficient supply of food and water
as prescribed in this section.
Food. The food shall be sufficient to maintain
all animals in good health.
If potable water is not accessible to the animals
at all times, it shall be provided daily and in
sufficient quantity for the health of the animal.
proper shelter. No person owning or responsible
for confining or impounding any animal may fail
to provide the animal with proper shelter as prescribed
in this section. Nothing in this section shall be
construed as imposing shelter requirements or standards
more stringent than normally accepted husbandry
practiced in the particular county where the animal
or shelter is located.
INDOOR STANDARDS. Minimum indoor standards
of shelter shall include:
Ambient temperatures, The ambient temperature shall
be compatible with the health of the animal.
Ventilation, Indoor housing facilities shall be
adequately ventilated by natural or mechanical means
to provide for the health of the animals at all
OUTDOOR STANDARDS. Minimum outdoor standards
of shelter shall include:
Shelter from sunlight. When sunlight is
likely to cause heat exhaustion of an animal tied
or caged outside, sufficient shade by natural or
artificial means shall be provided to protect the
animal from direct sunlight. As used in this paragraph,
"caged" does not include farm fencing
used to confine farm animals.
Shelter from inclement weather. 1 .
Animals generally. Natural
or artificial shelter appropriate to the local climatic
conditions for the species concerned shall be provided
as necessary for the health of the animal.
Dogs. If a dog
is tied or confined unattended outdoors under weather
conditions which adversely affect the health of
the dog, a shelter of suitable size to accommodate
the dog shall be provided.
SPACE STANDARDS. Minimum space requirements
for both indoor and outdoor enclosures shall include:
strength. The housing facilities shall be structurally
sound and maintained in good repair to protect the
animals from injury and to contain animals.
Space requirements Enclosures shall be
constructed and maintained so as to provide sufficient
space to allow each animal adequate freedom of movement.
Inadequate space may be indicated by evidence of
debility, stress of abnormal behavior patterns.
SANITATION STANDARDS. Minimum standards
of sanitation for both indoor and outdoor enclosures
shall include periodic cleaning to remove excreta
and other waste materials, dirt and trash so as
to minimize health hazards
Abandoning animals . No person may abandon
. (1) Any person violating s. 951.02, 951.025,
951.03, 951.04, 951.05, 951.06, 951.07, 951.09,
951,10, 951.11, 951.13, 951.14 or 951.15 is subject
to a Class C forfeiture. Any person who violated
any of these provisions within 3 years after a human
officer issues an abatement order under s. 173.11
prohibiting the violation of that provision is subject
to a Class A forfeiture. Any person who intentionally
or negligently violates any of those sections is
guilty of a Class A misdemeanor. Any person who
intentionally violated s.951.02, resulting in the
mutilation, disfigurement or death of an animal,
is guilty of a Class 1 felony. Any person who intentionally
violates s. 951.02 or 95.06, knowing that the animal
that is the victim is used by a law enforcement
agency to perform agency functions or duties and
causing injury to the animal, is guilty of a Class
Any person who violates s.951.08 (2m) or
(3) is guilty of a Class A misdemeanor. Any person
who violates s. 951.08 (1) or (2) is guilty of a
Class 1 felony for the first violation and is guilty
of a Class H felony for the 2nd or subsequent violation.
Any person who violates s. 951.095 is subject
a Class B forfeiture. Any person who intentionally
or negligently violates s. 951.05, knowing that
the animal that is the victim is used by a law enforcement
agency or fire department to perform agency or department
functions or duties, is guilt of a misdemeanor.
person who intentionally violates s.951,095, knowing
that the animal that is the victim is used by a
law enforcement agency or fire department to perform
agency or department functions or duties and causing
death to the animal, is guilty of a Class H felony.
In addition to penalties applicable to
this chapter under this section, a district attorney
may apply to any court of competent jurisdiction
for a temporary or permanent injunction restraining
any person from violating this chapter.
In addition to penalties applicable to
this chapter under this section:
1. In this paragraph, "pecuniary loss"
has the meaning described in s. 943.245 (1).
2. A sentencing court
shall require a criminal violator to pay restitution
to a person, including any local humane officer
or society or county or municipal pound or a enforcement
officer or conservation warden, for any pecuniary
loss suffered by the person as a result of the crime,
including expenses in keeping any animal that is
involved in the crime. This requirement applies
regardless of whether the criminal violator is placed
on probation under s. 973.09. If restitution is
ordered, the court shall consider the financial
resources and future ability of the criminal violator
to pay and shall determine the method of payment.
Upon the application of any interested party, the
court shall schedule and hold an evidentiary hearing
to determine the value of any pecuniary loss under
(b) 1. A sentencing
court may order that an animal be delivered to the
local humane officer or society or the county or
municipal pound or to a law enforcement officer.
If a person commits a crime under this chapter,
the person is the owner of the animal that is involved
in the crime and the court considers the order to
be reasonable and appropriate. A sentencing court
may order that an animal be delivered to the department
of natural resources, if the animal is a wild animal
that is subject to regulation under ch. 169 and
the court considers the order to be reasonable and
appropriate. The society, pound, officer or department
of natural resources shall release the animal to
a person other than the owner or dispose of the
animal in a proper and humane manner. If the animal
is a dog, the release or disposal shall be in accordance
with s. 173.23 (1m), except that the fees under
s.173.23 (1m) (a) 4. do not apply if the expenses
are covered under s. 173.24. If the animal is not
a dog, the society, pound or officer may charge
a fee for the release of the animal.
If the court is sentencing a person covered under
s.173,12 (3) (a) and an animal had been seized under
s. 173.12 the court shall act in accordance with
s 173.12 (3).
(c) Except as provided
in s.951.08 (2m), a sentencing court may order that
the criminal violator may not own, possess or train
any animal or type or species of animal for a period
specified by the court, but not to exceed 5 years.
In computing the time period, time which the person
spent in actual confinement serving a sentence shall