Browne v. Rice

The Department of Health heretofore seized and now holds for destruction a certain male Spitz dog belonging to petitioner. The alleged basis upon which the seizure was made, and its destruction is contemplated, is that the animal is of “ vicious ” character having bitten various persons upon three different occasions. Pursuant to subdivision 4 of section 10 of the Sanitary Code if a dog is C( vicious to such an extent as to be unsafe to be at large, it shall be destroyed by said department.” It shall be deemed “ vicious ” according to a further provision of the ordinance if it “ has bitten a…