HomeMy WebLinkAbout02-478.docDECEMBER 10, 2002
FIRST READING
DECEMBER 23,2002
SECOND READING
02-462 02-478 ORDINANCE
(CARRIED LOST LAID OVER WITHDRAWN .)
PURPOSE:
CREATE HUMANE OFFICER POSITION; ESTABLISH
ABATEMENT PROCEDURE
INITIATED BY: CITY ADMINSTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 6-5.5 AND 6-
5.6 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO HUMANE OFFICERS AND
ABATEMENT ORDERS
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. That Section 6-5.5 of the Oshkosh Municipal Code pertaining to Humane
Officers is hereby created to read as follows:
SECTION 6-5.5 HUMANE OFFICER; APPOINTMENT; AUTHORITY
Pursuant to section 173.03 of the Wisconsin Statutes, the Common Council for the
City of Oshkosh, may from time to time, appoint one or more Humane Officers.
Humane Officers shall have the authority specified in Chapter 173 and shall be under
the direction of the Chief of Police or his/her designee.
SECTION 6-5.6 ABATEMENT ORDERS
(A)
Issuance of Order. After investigation, if a humane officer or law enforcement officer
has reasonable grounds to believe that a violation of a statute or ordinance is
occurring and that 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 pursuant to section 173.11 of the Wisconsin Statutes.
(B)
Hearing Officer. Any person named in an order issued under sub. (A) may, within the
10 day period following service of the order, request a hearing on the order. The City
of Oshkosh Health Director shall conduct the hearing pursuant to the provisions of
section 173.11 of the Wisconsin Statutes. If the Health Director is unable to act, the
City Manager shall appoint another person to act as the hearing officer under this
section.
(C) Appeal. Appeal from the decision of the Health Director or other official shall be as
provided in section 173.11 of the Wisconsin Statutes.
SECTION 2. This ordinance shall be in full force and effect from and after its passage
and publication.