§ 3546. Investigation of vicious domestic pets or wolf-hybrids; order
(a) When a domestic pet or wolf-hybrid has bitten a person while the domestic pet or wolf-hybrid
is off the premises of the owner or keeper, and the person bitten requires medical
attention for the attack, the person may file a written complaint with the legislative
body of the municipality. The complaint shall contain the time, date, and place where
the attack occurred, the name and address of the victim or victims, and any other
facts that may assist the legislative body in conducting its investigation required
by subsection (b) of this section.
(b) The legislative body, within seven days from receipt of the complaint, shall investigate
the charges and hold a hearing on the matter. If the owner of the domestic pet or
wolf-hybrid that is the subject of the complaint can be ascertained with due diligence,
the owner shall be provided with a written notice of the time, date, and place of
hearing and the facts of the complaint.
(c) If the domestic pet or wolf-hybrid is found to have bitten the victim without provocation,
the municipal officials shall make such order for the protection of persons as the
facts and circumstances of the case may require, including that the domestic pet or
wolf-hybrid is disposed of in a humane way, muzzled, chained, or confined. The order
shall be sent by certified mail, return receipt requested. A person who, after receiving
notice, fails to comply with the terms of the order shall be subject to the penalties
provided in section 3550 of this chapter.
(d) The procedures provided in this section shall apply if the domestic pet or wolf-hybrid
is not a rabies suspect. If a member of the legislative body or a municipal official
designated by the legislative body determines that the animal is a rabies suspect,
the provisions of subchapter 5 of this chapter and the rules of the Department of
Health shall apply.
(e) The procedures provided in this section shall not apply if the voters of a municipality,
at a special or annual meeting duly warned for the purpose, have authorized the legislative
body of the municipality to regulate domestic pets or wolf-hybrids by ordinances that
are inconsistent with this section, in which case those ordinances shall apply. (Amended 1977, No. 215 (Adj. Sess.), § 2, eff. April 12, 1978; 1993, No. 213 (Adj. Sess.), § 4, eff. June 15, 1994; 2007, No. 121 (Adj. Sess.), § 15; 2021, No. 20, § 197.)