chapter 9 licenses and regulation elec.
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Health may promulgate <strong>and</strong> adopt rules <strong>and</strong> <strong>regulation</strong>s deemed necessary to cope<br />
with an outbreak of rabies in the City of Marinette.<br />
9.0319 DANGEROUS DOG<br />
The Animal Control Authority shall have the power to declare any particular dog<br />
a "dangerous dog" if the definitional criteria of "dangerous dog" in Section 9.0301<br />
(B)(4)(a) through (B)(4)(f) applies. If the owner of the dog can be determined,<br />
the owner shall be notified in writing by certified mail, to the last known address<br />
of the owner, return receipt requested. If the owner contests the designation of<br />
"dangerous dog", the owner is entitled to a hearing before the Public Safety <strong>and</strong><br />
Code Enforcement Committee pursuant to Section 9.0320. A written request for a<br />
hearing must be actually received by the City no later than seven (7) days<br />
following mailing of the notice to the dog owner. In the event that there is not a<br />
timely request for a hearing by the dog owner, the determination of the Animal<br />
Control Authority shall st<strong>and</strong>. If the owner cannot be located with due diligence,<br />
the dog shall be destroyed in an expeditious <strong>and</strong> humane manner. (Ord.<br />
2014-2284 adopted 5-6-14).<br />
9.0320 POTENTIALLY DANGEROUS DOG<br />
A. Upon receipt of an "Affidavit of Complaint" made under oath before an<br />
individual authorized by law to take sworn statements, setting forth the<br />
nature <strong>and</strong> the date of the act, the owner of the dog, the address of the<br />
owner <strong>and</strong> the description of the dog doing such act, the Animal Control<br />
Authority shall investigate the complaint to determine if in fact the dog is<br />
potentially a "dangerous dog" pursuant to any one of the definitional<br />
criteria of "dangerous dog" in Section 9.0301 (B)(4)(c) through (B)(4)(f).<br />
If the Animal Control Authority determines the dog to be a potentially<br />
"dangerous dog", the matter shall be submitted to the Public Safety <strong>and</strong><br />
Code Enforcement Committee for a hearing as set forth in this Section.<br />
(Ord. 2014-2284 adopted 5-6-14).<br />
B. A Determination Hearing shall be conducted by the Public Safety <strong>and</strong><br />
Code Enforcement Committee which shall be conducted within ten (10)<br />
days of mailing notice of the Hearing to the owner by certified letter to<br />
the owner's last known address. If no last known address of the owner can<br />
be ascertained with due diligence, the Determination Hearing shall<br />
proceed within ten (10) days of the referral of the complaint by the<br />
Animal Control Authority to the Public Safety <strong>and</strong> Code Enforcement<br />
Committee. The time limit within which to hear a Determination Hearing<br />
may be extended for good cause.<br />
C. Pending the outcome of such a hearing, the dog must be securely<br />
confined in a humane manner either on the premises of the owner or with<br />
a licensed veterinarian.<br />
D. The Public Safety <strong>and</strong> Code Enforcement Committee shall determine<br />
whether to declare the dog to be a "dangerous dog" based upon evidence<br />
City of Marinette<br />
24<br />
Code of Ordinances