Waukesha adopts state-based dog-damage citation authority; council outlines defenses available

The Waukesha Common Council adopted an ordinance on Nov. 4 that incorporates a state statute allowing municipal citations for damage caused by dogs and setting a range of forfeitures for those violations.

City Attorney Brian explained the ordinance mirrors state law and is intentionally general to preserve officer discretion and permit defendants to present affirmative defenses in court. "Those kinds of defenses are still going to be available," Brian said, noting that officers must evaluate the facts and the court can hear mitigating circumstances such as provocation or trespass.

Council discussion focused on concerns about how the ordinance would apply when a dog protects its owner or when an individual is on private property. Brian said the council deliberately avoided exempting categories such as trespassers from the ordinance because that would require officers to make pre-enforcement determinations about status at the scene; instead, those circumstances can be raised as defenses in court.

The ordinance passed on council vote (tally announced 12–3). The city attorney noted that the state civil-liability standard for dog bites remains in effect whether or not the city adopts the municipal citation authority; adopting the municipal citation allows local enforcement via forfeiture in addition to state remedies.

Sources: City Attorney remarks and council discussion during Nov. 4 meeting.