173.11 Abatement of violations.
(1) Issuance of order. If a humane officer or law enforcement officer after investigation has reasonable grounds to believe that a violation of a statute or ordinance is occurring and the violation is causing or has the potential to cause injury to an animal, the humane officer or law enforcement officer may issue and serve an order of abatement directed to named persons. An official designated in an ordinance under s. 173.03 (2) may not participate in the decision to issue the order or in any activity leading to that decision.
(1m) Content of order. An abatement order issued under sub. (1) shall contain all of the following:
(a) The name and address of the person to whom directed.
(b) The statute or ordinance alleged to be violated.
(c) A prohibition on further violations.
(d) A description of measures necessary to correct the alleged violation.
(e) A description of the hearing and appeal provisions under subs. (2) and (4).
(2) Hearing. Any person named in an abatement order issued under sub. (1) may, within the 10‐day period following service of the order, request a hearing before an official designated in an ordinance under s. 173.03 (2). The hearing shall be held within 10 days after the request is made, unless the requester agrees to a later date. The hearing shall be informal in nature.
(3) Decision. Within 10 days after a hearing under sub. (2), the official who conducts the hearing shall affirm the order, modify and affirm the order or withdraw the order.
(4) Appeal. Any person adversely affected by a decision under sub. (3) may seek judicial review by commencing an action in circuit court within 30 days after the day that the decision is issued.
History: 1997 a. 192.
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