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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

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