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File #: 30886    Version: 1 Name: Victim of dangerous animal
Type: Ordinance Status: Passed
File created: 7/9/2013 In control: COMMON COUNCIL
On agenda: 9/3/2013 Final action: 9/3/2013
Enactment date: 9/12/2013 Enactment #: ORD-13-00151
Title: Amending Section 25.22(10) of the Madison General Ordinances to permit only the owner or victim to appeal a Dangerous Animal Determination.
Sponsors: Matthew J. Phair
Fiscal Note
No appropriation is required.
Title
Amending Section 25.22(10) of the Madison General Ordinances to permit only the owner or victim to appeal a Dangerous Animal Determination.
Body
DRAFTER'S ANALYSIS:  This ordinance amends the language so that only an owner or victim may appeal the Health Department's determination that an animal is dangerous.  Previously any person aggrieved by the determination could appeal which allowed individuals not directly involved in a case to appeal a decision.
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The Common Council of the City of Madison do hereby ordain as follows:
      Subsection (10) entitled "Committee Review of Determination" of Section 25.22 entitled "Dangerous Animals Regulated" of the Madison General Ordinances is amended to read as follows:
"(10)      Committee Review of Determination. The owner or any person bite or attack victim aggrieved by a Department determination declaring any animal to be a dangerous animal may appeal such determination to the Committee by filing a notice of appeal stating the grounds therefor with the Director of Public Health within seven (7) days of the date of mailing of the Department Determination under subsection (5) above. The Committee shall schedule a hearing on whether to affirm, conditionally affirm or reject the Department determination within thirty-two (32) days, but not sooner than five (5) days, and shall make reasonable efforts to notify the owner, bite or attack victims and their representatives, if any, departmental witnesses and other interested parties of such hearing and the opportunity to present evidence and testimony to the Committee. The Committee shall, within a reasonable period of time after the hearing, issue its decision in writing and serve a copy of the same by first class mail upon the owner and all parties requesting the same."