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File #: 181527    Version:
Type: Ordinance Status: Passed
File created: 1/14/2019 In control: COMMON COUNCIL
On agenda: Final action: 2/26/2019
Effective date: 3/15/2019    
Title: A substitute ordinance relating to a humane officer.
Sponsors: THE CHAIR
Indexes: ANIMALS

Number

181527

Version

SUBSTITUTE 1

Reference

 

Sponsor

THE CHAIR

Title

A substitute ordinance relating to a humane officer.

Section

78-20                                          cr

78-23-9                     am

Analysis

This ordinance stipulates a humane officer be appointed by the commissioner of neighborhood services, and serve upon confirmation by the common council. A humane officer:

 

1.                     Advises department of neighborhood services and the Milwaukee police department on issues relating to animal cruelty.

2.                     Serves as an expert witness as needed.

3.                     Is a member of the dangerous animal panel to hear appeals of animal control orders.

4.                     May seize and impound animals found at large.

5.                     May request law enforcement officers to enforce and prosecute violations of this section and state statutes, and may cooperate in those prosecutions.

 

In addition, this ordinance eliminates a humane officer’s authority to issue an order declaring an animal dangerous animal and ordering the owner or caretaker to present the animal to the animal control commission for insertion of a microchip for identification.

 

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

 

Part 1. Section 78-20 of the code is created to read:

 

78-20. Humane Officer. 1. APPOINTMENT. A humane officer shall be appointed by the commissioner, and serve upon confirmation by the common council.

2. DUTIES. The humane officer shall advise the commissioner and the Milwaukee police department on issues relating to animal cruelty, serve as an expert witness as needed and serve as a member of the dangerous animal panel as provided in s. 78-25-2-b-2.

3. AUTHORITY. The humane officer has the authority to seize an animal found at large and impound it in a place designated by the commissioner. In addition, a humane officer may request law enforcement officers to enforce and prosecute violations of this section and state statutes, and may cooperate in those prosecutions.

 

Part 2. Section 78-23-9 of the code is amended to read:

 

78-23. Harboring Dangerous Animals.

9. DECLARATION AND ORDER. Upon investigation, a department [[or humane officer]] may issue an order declaring an animal to be a dangerous animal and ordering the owner or caretaker to present the animal to the Milwaukee area domestic animal control commission for the purpose of having a microchip inserted for identification purposes. The cost of the microchip procedure shall be at the expense of the owner.

 

Requestor

Drafter

Aaron Cadle

LRB 173337 - 2

January 31, 2019