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04 <br /> 6 <br /> NOTE: This section is only peripherally relevant to the issue. <br /> Enforcement Personnel <br /> The General Statutes divide the duties of enforcing dog <br /> controlllaws among the health director, the rabies inspector, <br /> and the dog warden. To recognize the duties of these three <br /> professionals, one rule of law must be understood. An officer <br /> who is Vested with a legislative or judicial power may not delegate <br /> that power to others unless there is specific statutory authorization <br /> for that delegation. But one nay delegate functions that are <br /> ministerial or arireirristrative." If a function requires judgment <br /> or discretion, it is considered legislative or judicial. It is ministerial <br /> when it is absolute, certain, and imperative, involving merely' <br /> the execution of a set task and leaving nothing to judgment <br /> or discretion. For example, approving a city plan is a legislative <br /> or judiCial function, but carrying out that plan is ministerial. <br /> Using this distinction, it is important to note that certain tasks <br /> assigned to the various dog control officials are legislative <br /> or judicial and therefore may not be delegated. <br /> The following duties are assigned to the local health director: <br /> (1) To appoint a rabies inspector, <br /> (2) To declare a rabies quarantine when the disease endangers <br /> Ilium/ an life, <br /> (3) Tio declare a rabies campaign, and <br /> (4) To receive notice of persons bitten by animals suspected <br /> of having rabies and to require the confinement of such <br /> animals for a ten-day period. <br /> These duties assigned to the health director by the rabies <br /> control law appear to be legislative or judicial and therefore <br /> may not be delegated. <br /> Counties are authorized to appoint "animal control ofticers"28 <br /> (dog wardens) and to fix their salaries and expense allowances. <br /> The couity dog warden, in Counties that have a rabies control <br /> officer, .ssists the rabies control officer in collecting the dog <br /> tax and works under the county health departments sup_Evision. <br /> S 67-31. Powers and duties of dog.warden.--The powers <br /> and dutiles of the county dog warden shall be as follows: <br /> (I) He shall have the power of arrest and be responsi- <br /> ble for the enforcement within his county of <br /> all public and public-local laws pertaining to <br /> the ownership and control of dogs, and shall <br /> cooperate with all other law-enforcement officers <br /> operating within the county in fulfilling this , <br /> responsibility. <br /> (2) In those counties having a rabies control officer, <br /> the county do z warden shall act as assistant <br />