Committee backs adopting state vicious-dog statute into Waukesha municipal code

The Waukesha City Ordinance and Licensing Committee on Monday voted unanimously to authorize the city attorney to draft an ordinance adopting Wisconsin Statute 174.02 into the municipal code to address vicious-dog incidents.

City staff said the move responds to a letter from an attorney representing a person hurt in a dog attack and reflects a local enforcement gap after the county ceased tracking such incidents and no longer maintains a humane officer. Adopting the state provision as a municipal ordinance would allow the city to pursue municipal citations rather than rely solely on circuit-court prosecution through the district attorney’s office.

Under the state statute (174.02, as discussed), an owner whose dog causes injury, property damage or injures another animal is financially liable for the damage; subsequent offenses carry higher penalties. The statute allows forfeitures up to $2,500 for a first offense and up to $5,000 for subsequent offenses, in addition to damage liability. Committee members noted the penalties are subject to judicial discretion and said judges commonly consider a defendant’s ability to pay and steps taken to control the animal.

Committee members framed the measure as a public-safety tool. “People should not have to live in fear in their houses, in their neighborhoods,” committee member Dean said, referencing prior local dog incidents. City staff said the proposed ordinance would simply adopt 174.02 into chapter 11-type code language so municipal citations could be issued; a separate decision about creating a city humane officer was left to later discussion.

The committee moved and seconded a recommendation authorizing the city attorney to prepare an ordinance for the next council meeting. Members indicated they may request that the third reading be waived if the council proceeds swiftly.

Ending

The committee’s recommendation will be forwarded to the Common Council. City staff said a draft ordinance will be prepared for the next council meeting and that adopting the state statute would give the city an additional enforcement mechanism to address dog attacks and repeat offenders.