The Waukesha City Ordinance and Licensing Committee on Oct. 13 authorized the city attorney to draft an ordinance adopting Wisconsin Statute 174.02 into the municipal code to address vicious‑dog incidents and owner liability.

City staff said the request followed a letter from a private law firm representing a person and a dog injured in an attack; staff also said the county no longer tracks vicious‑dog incidents or maintains a humane officer, which left an enforcement gap the city wants to close.

The proposed measure would adopt the state statute’s provisions, which staff summarized in the committee packet: the owner of a dog that injures a person, damages property or injures another animal is liable for damages and may face forfeitures; a second offense can trigger doubled damages and higher forfeitures. Staff noted the statute authorizes forfeitures of up to $2,500 for a first offense and up to $5,000 for subsequent offenses.

The city attorney told the committee he would prepare an ordinance adopting Section 174.02 as part of the municipal code and present a draft at the next Common Council meeting, potentially waiving later readings if the council chooses. The committee moved and unanimously approved a recommendation to the council to adopt the statute into the municipal code; staff said a draft could be ready within two days for inclusion on the next council agenda.

Committee discussion touched on enforcement and penalties. One member asked whether judges would consider a defendant’s ability to pay; the city attorney said judges have discretion to consider factors including whether the owner made a good‑faith effort to control the animal. Committee members described neighborhood incidents they said made the change necessary; one member cited an episode where a resident carried a bat to collect mail because of a loose dog.

Staff also noted the city is separately considering whether to appoint a city humane officer; that discussion will continue and does not need to delay adopting the statute.

Ending

The committee’s unanimous recommendation directs the city attorney to draft and present an ordinance adopting Wisconsin Statute 174.02 at the next council meeting. If council approves, the municipal code will include explicit vicious‑dog provisions and civil liability provisions modeled on the state statute.