Wisconsin § 173.22 - Review of seizure or withholding.

§ 173.22. Review of seizure or withholding.

173.22(1) (1) Petition. A person claiming that an animal that he or she owns was improperly taken into custody under s. 173.13 (1) (a) 3. , 4. , 5. , or 6. or is wrongfully withheld under s. 173.21 (1) (b) or (d) may seek return of the animal by petitioning for an order from the circuit court for the county in which the animal was taken into custody or in which it is held. 173.22(2) (2) Notice and hearing. The court shall provide notice of a petition under sub. (1) to the humane officer or law enforcement officer who took the animal into custody or to the political subdivision that withheld the animal and shall hold a hearing on the issue of whether the animal was improperly taken into custody or is wrongfully withheld. 173.22(3) (3) Order. 173.22(3)(a) (a) If the animal is withheld under s. 173.21 (1) (b) or (d) , the court shall order the animal returned to the owner unless it determines that one of the following conditions is satisfied: 173.22(3)(a)2. 2. There are reasonable grounds to believe that the animal poses a significant threat to public health, safety or welfare. 173.22(3)(a)4. 4. A court has ordered the animal withheld for any reason. 173.22(3)(b) (b) If the animal was taken into custody under s. 173.13 (1) (a) 3. , the court shall order the animal returned to its owner if the court determines that the animal was tagged or was not required to be tagged under ch. 174 . 173.22(3)(c) (c) If the animal was taken into custody under s. 173.13 (1) (a) 4. , the court shall order the animal returned to its owner if the court determines that the animal was licensed or was not required to be licensed. 173.22(3)(d) (d) If the animal was taken into custody under s. 173.13 (1) (a) 5. , the court shall order the animal returned to its owner if the court determines that the animal was not subject to a quarantine order or was confined as required by a quarantine order. 173.22(3)(e) (e) If the animal was taken into custody under s. 173.13 (1) (a) 6. , the court shall order the animal returned to its owner if the court determines that the animal did not cause damage to persons or property. 173.22(4) (4) Holding an animal involved in a crime. 173.22(4)(a) (a) An owner of an animal taken into custody under s. 173.13 (1) (a) 8. or withheld under s. 173.21 (1) (a) may apply for the animal’s return to the circuit court for the county in which the animal was taken into custody. No application under this paragraph may be made more than 30 days after the animal was seized. The court shall order such notice as it considers adequate to be given the district attorney, the political subdivision or person contracting under s. 173.15 (1) with custody of the animal, and all persons who have or may have an interest in the animal. The court shall hold a hearing to hear all claims to the animal’s ownership within 20 days after a timely application is filed, and the hearing shall be given preference. 173.22(4)(b) (b) In the hearing under par. (a) , the court shall determine if the animal is needed as evidence or if there is reason to believe that the animal was involved in any crime under s.