174.001 Definitions. - Wisconsin Statutes

174.001

174.001 Definitions. As used in this chapter, unless the context indicates otherwise:

174.001(1)

(1) "Collar" means a band, strip or chain placed around the neck of a dog.

174.001(2)

(2) "Department" means the department of agriculture, trade and consumer protection.

174.001(2g)

(2g) "Domestic animal" includes livestock, dogs and cats.

174.001(2j)

(2j) "Intergovernmental commission" means an intergovernmental commission formed by contract under s. 66.0301 (2) by all of the municipalities in a county with a population of 500,000 or more for the purpose of providing animal control services.

174.001(3)

(3) "Livestock" means any horse, bovine, sheep, goat, pig, llama, alpaca, domestic rabbit, farm-raised deer, as defined in s. 95.001 (1) (ag), or domestic fowl, including any farm-raised game bird, as defined in s. 169.01 (12m).

174.001(4)

(4) "Officer" has the meaning designated under s. 95.21 (1) (b).

174.001(5)

(5) "Owner" includes any person who owns, harbors or keeps a dog.

174.001 - ANNOT.

History: 1979 c. 289 ss. 8m, 17; 1983 a. 451; 1995 a. 79, 316; 1997 a. 35; 2001 a. 16, 56; 2003 a. 133.

174.001 - ANNOT.

The casual presence of a dog on someone's property does not make that person a "keeper." "Harboring" a dog means to afford it lodging, to shelter it, or give it refuge; it does not include the transient presence in one's home of another's dog. Pattermann v. Pattermann, 173 Wis. 2d 143, 496 N.W.2d 613 (Ct. App. 1992).

174.001 - ANNOT.

There is a distinction between "keeping" and "harboring." Keeping generally requires exercising some measure of care, custody, or control over the dog, while harboring is often defined as sheltering or giving refuge to a dog. Thus, harboring lacks the proprietary aspect of keeping. However, the concepts of "harbor" and "keep" are similar, and the liability of one who harbors a dog and one who keeps a dog is the same. Pawlowski v. American Family Mutual Insurance Co. 2009 WI 105, ___ Wis. 2d ___, ___ N.W.2d ___, 07-2651.