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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10, 2002 FIRST READING DECEMBER 23,2002 SECOND READING 02-462 02-478 ORDINANCE (CARRIED LOST LAID OVER WITHDRAWN .)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.