TMB/kbmc County Ordinance, September 1999
B. An example of a police power ordinance, providing for general
animal control, and exotic and dangerous animal prohibitions, along with
providing for prosecution of animal abusers. This ordinance contemplates that
a county would have an animal control office and have authorized staffing for
such office.
Table of Contents
ANIMAL LAW SECTION
STATE BAR OF MICHIGAN
MODEL COUNTY ORDINANCE
Section 1. Preamble and General
Section 2. Definitions
Section 3. Licensing and Regulations
Section
4. Treasurer's Records and Duties
Section 5. Animal Control Officer, Duties, Authority
Section 6. Investigation
Section 7. Obstruction—Penal Code
Section 8. Animal Care
Section 9. Wild Animals and Exotic Animals—Permit
Section 10. Confinement of Animals After Biting
Section 11. Impoundment, Adoption or Humane Destruction
Section 12. Kennel Licensing
Section 13. Vicious
Animals
Section 14. Penalty
Section 15. Miscellaneous
Section 16. Repeal and Savings Clause
Section 17. Adoption of Ordinance
Text of Ordinance
Section 1. Preamble.
Section 1.100.
Purpose, Findings and Policy. The County of ____ deems that the ownership of an animal
carries with it responsibilities to the County and its residents with regard
to care and control of the animal. In interpretation and application, the
provisions of this Ordinance shall be construed to impose a primary
responsibility for compliance of this Ordinance on the owner of an animal.
The County of ______ concludes it advisable to adopt a revised Animal Control
Ordinance in the interest of protecting public health and safety, promoting
the welfare of animals within _____ County and providing for the orderly and
uniform administration of the provisions of Act 339 of the Public Acts of
1919 as amended.
The Board of Commissioners finds that the
presence of dangerous animals, as defined in this Ordinance, within _____
County creates an increased danger to public health and safety and to the
welfare of other animals and people. The Board of Commissioners, in
recognition of the reallocation of governmental functions brought about by
Act 139 of the Public Acts of 1973, as amended, assigns the Animals Control
Division, under the direction of the Animal Control Officer, to the ______.
It is the policy of the Board of Commissioners that this Ordinance shall be
vigorously enforced, to the extent that financial means permit such
enforcement, whenever the activities of animals and their owners within
______ County directly endanger human life and whenever animals subject to
protection by state law or this Ordinance are cruelly or inhumanely treated.
Section 1.200. This Ordinance shall be known as the ____
County Animal Ordinance.
Section 2.100.
Definitions.
(a) "Abandonment" means leaving an animal unattended for more than 24
hours, releasing the animal upon public highways or public or private lands,
or failure to provide proper or adequate food, water, exercise,shelter or
medical care.
(b) "Animal" means any mammal, bird, fish, reptile, ferret, snake,
turtle, horse, mollusk, crustacean, or any other vertebrate other than a
human being.
(c) "Animal Control Officer" means any person employed by the County
for the purpose of enforcing this Ordinance or state statutes pertaining to
animals, and all persons and deputies employed by the County to act in the
same or a similar manner.
(d) "Animal Control Shelter" means a facility designated or
recognized by the County or State of Michigan for the purpose of impounding
and/or caring for animals, including a contract service provider, such as a
local animal protection shelter, which may include a humane society.
(e) "At Large" means, except when hunting, an animal which is not on the
premises of the owner and not under the control of a person either by leash,
cord, chain, or otherwise.
(f) "Cat" means any member of the species "Felis Catus."
(g) "County" means the County of ______ of the State of Michigan.
(h) "Dangerous Animal" means any animal which bites or attacks
a person or an animal but does not include the following:
(1) An animal that bites or attacks a person
or animal that is trespassing on the property of the animal's owner;
(2) An animal that bites or attacks a person
or animal that provokes,torments, tortures, or treats an animal cruelly; or
(3) An animal that is responding in a manner
that an ordinary and reasonable person would conclude was designed to protect
a person if that person is engaged in lawful activity or is the subject of an
assault or battery, or to protect itself or another animal; or
(4) An Exotic Animal, as defined by this
Ordinance.
(i)"Dog" means any member of the species "Canis Familiaries."
(j)"Domesticated Companion Animal" means an animal that has traditionally,
through a long association with humans, lived in a state of dependence upon
humans or has been traditionally kept as a household pet, including but not
limited to: dogs, cats, hamsters, gerbils, ferrets, mice, rabbits, parakeets,
parrots, cockatiels, cockatoos, canaries, love birds, finches and tropical
fish.
(k) "Exotic Animal" means any of the following described
animals:
(1) All animals, including snakes and spiders,
whose bite or venom is poisonous or deadly to humans.
(2) Apes: Chimpanzees (Pan); gibbons
(Hylobates); gorillas (Gorilla); orangutans (Pongo); and siamangs
(Symphalangus).
(3) Baboons (Papoi, Mandrillus).
(4) Bears (Ursidae).
(5) Cheetahs (Acinonyx jubatus).
(6) Crocodilians (Crocodilius), and
alligators.
(7) Constrictor snakes, or other poisonous
reptiles.
(8) Coyotes (Canis latrans).
(9) Elephants (Elephas and Loxondonta).
(10) Gamecocks and other fighting birds.
(11) Hyenas (Hyaenidae).
(12) Jaguars (Panthera onca).
(13) Leopards (Panthera pardus).
(14) Lions (Panthera leo).
(15) Lynsex (Lynx).
(16) Ostriches (Sruthio).
(17) Pumas (Felis concolor); also known as
mountain lions, and panthers.
(18) Wolves (Canis lupus).
(19) Wolf hybrids.
(20) Raccoons (Procyon lotor).
(21) Skunks (Genus Mephitis).
(22) Tigers (Felis tigris).
(l) "Ferret" means any member of the species "Mustela Furo."
(m) "Hunting" means allowing a dog to range freely with the sight or
sound of its owner while in the course of pursuing legal game.
(n) "Kennel" means any establishment,
except a pet shop, animal protection shelter,
or pound licensed pursuant to Act 287 of the Public Acts of 1969, as amended,
being sections 287.331, et. seq.
of the Michigan Compiled Laws,
wherein or whereon
animals are kept for sale, boarding, breeding, training, or sporting purposes
for remuneration.
(o) "Livestock" means horses, stallions, colts, geldings, mares, sheep,
rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks,
jennets, burros, goats, kids, swine, and any other fur-bearing animals being
raised in captivity, including those other animals recognized by the
Department of Agriculture as being within the jurisdiction of its Department.
(p) A Neglect means failure to comply with the minimum requirements for
animal care set forth in Section 8 of this Ordinance.
(q) "Owner" means every person having a right of property in the
animal; an authorized agent of the person having a right of property in the
animal; every person who keeps or harbors the animal or has it in his care,
custody or control; every person who has the apparent authority to have a
right of property in the animal. An owner shall include every person who
resides at the same address or permits an animal to remain on the premises in
which that person resides, if such person is of legal age and capacity and
has knowledge that the animal is a Dangerous Animal.
(r) "Person" means any individual, corporation, society,
co-partnership, limited partnership, limited liability company, association,
or any other legal or business entity.
(s) "Pet" means any Domesticated Companion Animal, excluding
livestock, poultry, or wild animals, which is owned by any person.
(t) "Poultry" means any domestic fowl, ornamental birds, and game birds
possessed or being reared under the authority of a breeder's license pursuant
to part 427 (breeders and dealers) of the Natural Resources and Environmental
Protection act, Act No. 451 of the Public Acts of 1994, being sections
324.42701 to 324.42714 of the Michigan Compiled Laws.
(u) "Provoke" means to perform an act or omission that an ordinary and
reasonable person would conclude is likely to precipitate the bite or attack
by an animal.
(v) "Rabies Suspect Animal" means any animal which has bitten,
scratched, or broken the skin of a human being; been in contact with or been
bitten, scratched or has had its skin broken by a rabid animal; or any animal
which shows symptoms suggestive of rabies.
(w) "Torment" means an act or omission, including abandonment or
neglect, that causes pain, suffering, or distress to an animal, including
mental or emotional distress as evidenced by the animal's altered behavior.
(x) "Treasurer" means either the duly elected (or appointed) Treasurer of
the County of _______, or the duly elected or appointed Treasurer of a local
governmental unit (LGU) who performs the requirements of this Ordinance by
appointment and authority from the Treasurer of the County.
(y) "Veterinarian" means any person in good standing licensed by the State
of Michigan to practice veterinary medicine.
(z) "Veterinary Hospital" means any establishment operated by a veterinarian
for surgery, diagnosis, and treatment of diseases, illnesses, and injuries of
animals.
(aa) "Vicious Animal" means any animal which has:
(1) previously been declared a "Dangerous
Animal" under this section or under Public Act 426 of 1988, as amended,
being sections 287.321, et. seq.
of the Michigan Compiled Laws;
(2) a propensity, tendency, or disposition to
attack, cause injury, or otherwise endanger the safety of persons or
Domesticated Companion Animals; or
(3) behaved in such a manner that the owner
knows or should have known that the animal had tendencies to bite or attack
persons or other Domestic Companion Animals.
A Vicious Animal does not include the
following:
(1) An animal that bites or attacks a person
or animal that is trespassing on the property of the animal's owner;
(2) An animal that bites or attacks a person
or animal that provokes, torments, tortures, or treats an animal cruelly; or
(3) An animal that is responding in a manner
that an ordinary and reasonable person would conclude was designed to protect
a person if that person is engaged in lawful activity or is the subject of an
assault or battery, or to protect itself or another animal; or
(4) An Exotic Animal, as defined in this
Ordinance.
(bb) "Wild Animal" means any Animal which is not a Domesticated Companion
Animal, or any crossbreeds of these animals with domestic animals, or any
descendant of any crossbreed. Such animals include, but are not limited to:
any venomous snake, python or constrictor snakes, owls, porcupines, monkeys,
raccoons, skunks, leopards, lions, tigers, lynx, bobcats, badgers, fox,
coyote, wolves, wolf-hybrids, wolverines, squirrels, bears, deer, chipmunks,
moose, elk, rabbits, opossum, beavers, ground hogs, moles, gophers,
mice/rodents, bats, birds, and any related fur or feathered non-Domesticated
Companion Animals.
LICENSING AND
REGULATION
Section 3.100. License
Requirements.
It shall be unlawful for any person:
(a) To own any dog, cat, or ferret four (4)
months old or older, unless the dog, cat, or ferret is licensed;
(b) To own any dog, cat, or ferret four (4)
months old or older that does not at all times wear a collar with an
identifying tag approved by the Director of the Michigan Department of
Agriculture (see exception below), attached as provided, except when engaged
in lawful hunting accompanied by its owner; or
(c) To remove any collar and license tag from
a dog, cat, or ferret, except the owner.
Exception: An owner of a cat or ferret who,
for the safety of the cat or ferret, elects not to have the cat or ferret
wear a collar, is relieved of the obligation of attaching the cat's or
ferret's license to a collar. However, the owner shall, upon request of an
animal control officer, produce and display the current year license tag
and/or official documentation of licensing for the cat or ferret. An owner
electing not to affix a license and collar to a cat or ferret assumes the
risk that the animal control officer, in fulfilling his/her duties under this
Ordinance, will regard the cat or ferret as feral or abandoned and therefore
subject to seizure and disposition in accordance with this Ordinance and
state law.
Section 3.200. License
Application.
On or before _______ of each year, the owner
of any dog, cat, or ferret four (4) months old or older shall apply to the
Animal Control Officer or Treasurer in writing for a license for each dog,
cat, or ferret owned or kept by the owner. The application for a license
shall be accompanied by proof of vaccination of the dog, cat, or ferret for
rabies by a valid certificate of vaccination for rabies, with a vaccine
licensed by the United States Department of Agriculture, signed by an
accredited veterinarian. dogs, cats, or ferrets attaining the age of four (4)
months shall have thirty (30) days after attaining four (4) months in which
to obtain a license. The application for a license shall contain the breed,
sex, age, color, markings, and the address of the previous owner of the dog,
cat, or ferret.
Section 3.300. License
Fees.
The license fee for dogs, cats, or ferrets
shall be as follows:
(a) For all dogs, cats, or ferrets of the age
of four (4) months old or older on or before _____ of each year, ____ Dollars
($____) if the license is obtained before _____.
(b) For all dogs, cats, or ferrets of the age
of four (4) months old or older after ____ of each year, ___ Dollars ($___),
if the license is obtained as provided in Section 2 of this Ordinance;
(c) For all spayed/neutered dogs, cats, or
ferrets, so certified by an accredited veterinarian, of the age of six (6)
months old or older on or before _____ if each year, ___ Dollars ($____) if
the license is obtained before _____;
(d) For all spayed/neutered dogs, cats, or
ferrets who attain the age of four (4) months after _____ of each year, ____
Dollars ($____) if the license if obtained as provided in Section 2 of this
Ordinance;
(e) For all dogs, cats, or ferrets not
licensed within the time period set forth in (a) through (d) above, the
licenses will be considered delinquent and the fee shall be double the amount
set forth above;
(f) Fees for leader dogs or dogs in service
training are hereby waived;
(g) For any dog, cat, or ferret that has been
adjudicated a Dangerous Animal pursuant to Act 426 of the Public Acts of
1988, as amended (MCL 287.321), the license fees scheduled above shall be
increased by $_______.
(h) The license fees may be amended by Motion
or Resolution of the Board of Commissioners; and
(i) Current licenses issued by other Michigan
counties and by other governmental agencies shall be honored until the
expiration of the license.
Section 3.400.
Transfer of License.
No license or license tag issued for one dog,
cat, or ferret shall be transferable to another dog, cat, or ferret. Whenever
the ownership or possession of any dog, cat, or ferret is permanently
transferred from one person to another within the same county, the license of
the dog, cat, or ferret may be likewise transferred by the last registered
owner upon proper notice in writing to the Treasurer who shall note the
transfer upon his records. This Ordinance does not require the procurement of
a new license, or the transfer of a license already secured, where the
possession of the dog, cat, or ferret is temporarily transferred for the
purpose of boarding, hunting game, breeding, trial or show.
Section 3.500. Loss of
License Tag.
If any license tag is lost, it shall be
replaced without cost by the Treasurer upon application by the owner and upon
production of a license receipt and a sworn statement of the facts regarding
the loss of the tag.
Section 3.600. License
Revocation.
The Animal Control Officer may revoke any
permit or license if the owner refuses or fails to comply with this
Ordinance, or any laws or regulations governing the protection of animals.
The Animal Control Officer shall be permitted to inspect all animals and the
premises where they are kept and, if permission for inspection is denied, may
revoke the permit or license. No person who has been convicted of cruelty to
animals shall be issued a permit or license to operate a commercial animal
establishment, pet shop, kennel, or to own a dog, cat, or ferret. Any person
having been denied a license or permit may not reapply for 30 days. Each
re-application will require a $10 fee.
Section 3.700.
Limitation of Domesticated Companion Animals.
It shall be unlawful for any person to own,
possess, shelter, keep, or harbor more than ___ dogs, cats, or ferrets over
four (4) months of age at any one time, at any one residence or address. The
provisions of this section do not apply to animals owned by a licensed
research facility or held in a veterinary medical facility or government
operated or licensed animal protection shelter or licensed kennel/cattery
facility.
Section 4.100.
Treasurer's Records and Duties; Evidence.
4.101 Comparison of
Records.
On _________ of each year the Treasurer shall
make a comparison of the records of the dogs, cats and ferrets actually
licensed in the county with the report of the Animal Control Officer to
determine and locate all unlicensed dogs, cats and ferrets, as provided in
Act 390 of Public Acts of 1998 (MCL 287.275 and MCL 287.277).
4.102. Unlicensed Pets
Declared Public Nuisance.
On or after ______ of each year, every
unlicensed dog, cat, or ferret subject to license under provisions of this
Ordinance or the statutes of this State is hereby declared to be public
nuisance and the Treasurer shall immediately thereafter list all unlicensed
dogs, cats and ferrets, as shown by the returns in the Treasurer's office of
the supervisors and assessors, and shall deliver copies of the lists to the
Animal Control Officer and the Director of the Michigan Department of
Agriculture as well as those officers listed and set forth in Act 339 of the
Public Acts of 1919, being MCLA 287.277; MSA 12.527 as amended.
Section 4.103. Record
of Licenses.
The Treasurer shall keep a record of all dog,
cat and ferret licenses and all kennel licenses issued during the year in
each city and township in the county. Such records shall contain the name and
address of the person to whom each license is issued. In the case of all
individual licenses, the record shall also state the breed, sex, age, color
and markings of the dog, cat, or ferret; and in the case of a kennel license,
it shall state the place where the business is conducted. The record shall be
a public record and open to inspection during business hours. The Treasurer
shall keep an accurate record of all license fees collected by the owner or
paid over to the owner by any city or township Treasurer.
Section 4.104. Prima
Facie Evidence of Ownership.
In all prosecutions for violation of this
Ordinance, the records of the Treasurer's Office, or the lack of such
records, showing the name of the owner and the license number to which any
license has been issued, and the license tag affixed to the collar or harness
of the dog, cat, or ferret showing a corresponding number shall be prima
facie evidence of ownership or non-ownership of any dog, cat, or ferret and
of issuance or non-issuance of a dog, cat, or ferret license or tag.
Section 4.200. Annual
Dog, Cat and Ferret Census.
It shall be the duty of the Animal Control
Officer and those other persons identified in Public Act 390 of 1998 annually
to make a census of the number of dogs, cats and ferrets owned by all persons
in the County. During this census, a person who owns or harbors a dog, cat,
or ferret shall produce proof of a valid license upon request of any person
who is authorized to enforce this Ordinance. The Animal Control Officer is
empowered to employ whatever personnel he/she reasonably believes necessary
to conduct this census within the budget limitations provided by the Board of
Commissioners; the personnel shall receive for their services the amount as
set from time to time by the Board of Commissioners.
Section 4.300.
Remuneration for Issuing and Recording Licenses.
Every township and city treasurer of the
County shall receive the sum of _______ ($_____) for each license issued and
recorded. This remuneration shall be deemed additional compensation for
additional services for each township or city treasurer who receives a salary
in lieu of fees, when so designated by the appropriate township board or city
council.
Section 4.301.
Delegation of Duties.
The duties and obligations imposed by this
Ordinance upon the respective designated officials may be delegated when
permitted by law to some other person or persons with like force and effect.
Section 5.100. Animal
Control Officer Duties, Authority and Responsibilities.
Section 5.101.
Appointment; minimum requirements.
An Animal Control Officer or Officers shall be
appointed by the ____ County Sheriff and shall serve as the head of the
Animal Control Division; provided, however, that the Animal Control
Officer(s) shall have and meet the minimum requirements contained in MCLA 287.289b;
MSA 12.540(2).
Section 5.102. Salary.
In lieu of all fees and other remuneration
under the statutes of this state, the Animal Control Officer or his deputies,
assistants and census takers shall be paid a salary or wages as established
and determined by the Board of Commissioners.
Section 5.103. Duties.
The Animal Control Officer shall fulfill the
following duties:
(a) The Animal Control Officer shall promptly
seize, take up and place in the animal protection shelter, or contracted
services provider, including a state licensed humane society, all animals
being kept or harbored or found running at large any place within the county
contrary to the provisions of this Ordinance or the statutes of the State. As
to any cat found roaming or wandering on public property or private property
other than that of its owner, that is unrestrained, without its owner
immediately and visibly present in such area and without an identifying
license tag, the animal control officer after reasonable investigation shall
be vested with discretion to conclude that such cat is feral or abandoned by
its owner and may seize and impound the cat in accordance with the provisions
of this Ordinance.
(b) The Animal Control Officer shall be
properly deputized as a peace or police officer for the purpose of this
Ordinance. He or she shall have the legal authority and duty to issue
appearance tickets, citations or summonses to those persons owning, keeping
or harboring animals contrary to the provisions of this Ordinance.
(c) The Animal Control Officer or a duly
recognized service provider under contract with the County, subject to the
limitations contained in this Ordinance, shall dispose of impounded animals
which are not claimed and released within seven (7) days by one of the
following methods:
(1) adoption by an individual person who meets
adoption criteria for the animal; or
(2) humane euthanasia under MCL 287.279(a); or
(3) release to a duly recognized service
provider to the County, such as a licensed humane society or animal
protection shelter.
However, if a dog or cat has a collar,
license, or other evidence of ownership, the Animal Control officer shall
notify the owner in writing by first class mail of the impoundment.
Disposition of the animal shall then not be made until after ten (10) days
from the date of mailing the notice. The Animal Control Division shall
maintain a record of when the animal was acquired and under what
circumstances. This record shall also indicate the date of notice sent to the
owner of an animal and any subsequent disposition of the animal. This section
does not apply to animals which are sick or injured to the extent that the
holding period would cause the animal to suffer. If, in his or her judgment,
the Animal Control Officer deems that an animal is valuable or otherwise
desirable for keeping, the Animal Control Officer may release the animal to a
duly recognized service provider under contract with the County, such as a
licensed humane society, upon payment of the proper charge for the care and
treatment of the animal while kept in the Animal Control Shelter. Provided,
if the licensed humane society provided the animal its care and shelter, then
no additional fees shall be paid for the release of the animal to the
licensed humane society. Regulations regarding the sale of animals from the
animal protection shelter and boarding and other charges shall be posted in a
conspicuous place at the Animal Control Shelter. The bodies of all animals
destroyed at the Animal Control Shelter or elsewhere in the county shall be
disposed of by the Animal Control Officer in a manner approved by the ____
County Health Department and the Board of Commissioners. Any animals
voluntarily relinquished to the Animal Control Shelter by their owners for
disposition (not boarding), need not be kept for the minimum period of seven
(7) or ten (10) days before release or disposal of the animal by the Animal
Control Officer.
(d) The Animal Control Officer shall promptly
investigate all animal bite cases involving human injury and shall search out
and attempt to discover the animal involved. If the Animal Control Officer
finds the animal responsible for the bite, he or she shall either impound or
quarantine the animal for examination for disease in accordance with the
applicable provisions of this Ordinance and the statutes of the State. The
Animal Control Officer shall also be obliged to seize and impound any
rabies-suspected animal and cause the Animal to be either impounded or
quarantined for examination for disease in accordance with the provisions of
this Ordinance.
(e) The Animal Control Officer shall make
efforts to locate and determine the number of all unlicensed dogs, cats and
ferrets in the County. The Animal Control Officer shall compile a list of the
unlicensed dogs, cats and ferrets and deliver the list to the Prosecuting
Attorney for the necessary proceedings as provided by this Ordinance and the
statutes of the State.
(f) The Animal Control Officer is authorized
and empowered in accordance with the provisions of this Ordinance to enter
upon private premises (excepting entry into the private areas of buildings,
unless in possession of a Search Warrant) for the purpose of inspecting those
premises to determine if the owners of dogs, cats or animals harbored, kept
or possessed on the premises have complied with the provisions of this
Ordinance. The Animal Control Officer is authorized and empowered to seize
and impound any dogs, cats, or ferrets for whom no license has been procured
in accordance with this Ordinance or for any other violation of this
Ordinance. The provisions of this subsection shall include, but not be
limited to, investigation of or seizure for cruelty to animals, investigating
and seizing Dangerous Animals, and determining whether Exotic Animals are on
the premises.
(g) The Animal Control Officer shall have the
duty to inspect any kennel, a license for which has been issued by the County
or its authorized agents pursuant to this Ordinance and the statutes of the
State, and shall have the duty to suspend the license if conditions exist
which are unhealthy or inhumane to the animals kept in the kennel, pending
correction of such conditions; and further shall have the duty to revoke the
license if such conditions are not corrected within a reasonable period of
time.
(h) The Animal Control Officer shall have the
duty to investigate complaints of animals alleged to be Dangerous Animals or
Vicious Animals, and shall have the right to seize, take up and impound such
animals pending disposition pursuant to this Ordinance.
(i) The Animal Control Officer shall have the
duty to investigate complaints of cruelty to or abandonment or neglect of
animals and shall have the duty to seize, take up and impound any animal
which has been subject to such cruelty, abandonment or neglect. The Animal
Control Officer shall, when the evidence of such cruelty, abandonment or
neglect is compelling, seek a warrant charging the owner of the animals with
a criminal violation.
(j) The Animal Control Officer shall be
responsible for coordinating with the Treasurer the sale of licenses and the
keeping of appropriate records and related books of account.
(k) The Animal Control Officer shall not sell,
give or make available in any manner any live or dead animals of any species
or any animal body parts or organs to be used for research, demonstration,
experimental or any other purposes by any person, firm, corporation or
institution, except to the extent necessary to comply with health laws and
regulations concerning rabies. The Animal Control Officer shall be responsible
for disposition of the bodies of animals destroyed at the animal protection
shelter in accordance with State law and regulations.
(l) The Animal Control Officer shall have such
other duties relating to the enforcement of this Ordinance as the Board of
Commissioners or _______ County Executive may from time to time provide.
Section 5.104.
Enforcing of Ordinance.
The Animal Control Officer in enforcing the
provisions of this Ordinance and the statutes of the State pertaining to
animals may make complaint to the ______ County Prosecuting Attorney and to
the District Court in regard to any violations of this Ordinance.
Section 5.105.
Suspension or revocation of license; seizure of animals.
All suspensions and revocations of licenses
and all seizures and impoundments of animals shall be in accordance with this
Ordinance and with such rules and regulations as are adopted from time to
time by the Board of Commissioners.
Section 5.106. Issuing
Dog Licenses; Book of Receipt.
The Animal Control Officer shall at all times
carry a book of receipts, properly numbered in sequence for accounting
purposes, for the issuing of dog, cat and ferret licenses and shall issue
such dog, cat and ferret licenses in accordance with the terms of this
Ordinance.
Section 5.107. Fees
and Monies Collected.
All fees and monies collected by the Animal
Control Officer shall be accounted for and turned over to the Treasurer on or
before the first of each and every month, or more often if reasonably
necessary, under the standard practices of the Treasurer's accounting system.
Funds received by the Treasurer as forfeitures from the sterilization fund
provided for in MCL 287.338(a) shall be maintained in a separate account to
be disbursed for use by the animal control or protection shelter to finance
alterations (sterilization clinics) for public education regarding the value
of having dogs, cats, and ferrets sterilized, or otherwise to meet the
requirements of MCL 287.389(a).
Section
6—INVESTIGATION
Section 6.100. For the purpose of discharging the duties
imposed by this Ordinance and to enforce its provisions, any agent (of the
Animal Control Officer or any Police Officer) is empowered to enter upon any
premises on which an animal is kept or harbored to demand the exhibition of
the license by the owner or caretaker of an animal.
Section 6.101. The Animal Control Officer may enter
premises where an animal is kept upon reported information and belief in a
cruel or inhumane manner and demand to examine the animal and seize and
impound the animal when, in his or her opinion, the animal is subjected to
cruel or inhumane treatment, abandonment or neglect.
Section 7—PENAL CODE
28.747
Section 7.101. Any person who commits the following acts
shall be guilty of a misdemeanor, punishable by imprisonment in the County
Jail for not more than 90 days, or a fine not to exceed $500.00:
(a) Any person who knowingly and willfully
obstructs, resists or opposes any sheriff, coroner, township treasurer,
constable or other officer or other duly authorized person or agent, in
serving or attempting to serve or execute any process, rule or order made or
issued by lawful authority; or
(b) Any person who resists any officer in the
execution of any ordinance, passed by the common council, or any city board
or trustees, or common council or village council of any incorporated village
or township board or any township of the County; or
(c) Any person who assaults, beats or wounds
any duly authorized sheriff or other officer who is serving or attempting to
serve or execute any process, rule or order, or who has served or attempted
to serve or execute any process, rule or order.
Section 8—ANIMAL CARE
Section 8.100. Every owner or caregiver of an animal shall
be required to provide the animal with the minimum standard of care set forth
in this Ordinance. Any failure to comply with the provisions of this
Ordinance shall constitute a violation of law and subject the owner or
caregiver of an animal to the Penalty provisions of this Ordinance and shall
be deemed to be prima facie evidence of criminal negligence under State law.
[Cite].
Section 8.101. This Section applies to all persons who are
owners, care for, or are custodians of animals, whether as individual persons
or as any other legal entity.
Section 8.102. Any person who allows an animal habitually
to remain and be lodged within his house, store, building, enclosure or
premises shall be considered an Owner for purposes of this Ordinance.
Section 8.103. Every owner or caregiver of an animal shall
provide the animal with sufficient good and wholesome food and water, the
minimum standards of which are as follows:
(1) Sufficient food: Provisions not exceeding
24 hours of a quantity of wholesome foodstuff suitable for the animal's
specific species and age and which maintains a reasonable level of nutrition.
(2) Sufficient water: Constant access to a
supply of clean, fresh potable water provided at intervals not to exceed 24
hours.
Section 8.104. Every owner or caregiver of animals shall
keep all animals in a clean, sanitary and healthy manner and not confined so
as to be forced to stand, sit or lie in their own excrement.
Section 8.105. Every owner or caregiver of animals shall
provide all animals with a shelter that shall be a structure which is
ventilated and protected from excessive heat and cold and of sufficient size
to permit the animals to exercise and move about freely.
Section 8.106. Every owner or caregiver of animals shall
provide all animals with an exercise enclosure which shall be a minimum of 24
square feet in area; any owner or caregiver of an animal shall not tether the
animal by use of a choke collar or leash less than 12 feet long or of such
unreasonable weight or design as to prevent the animal from moving about
freely.
Section 8.107. The owner or caregiver of a diseased or
injured animal shall provide the animal with appropriate veterinary care and
shall segregate the diseased animal from other animals to prevent transmittal
of disease.
Section 8.108. No person shall beat, cruelly treat,
improperly tether, torment, overload, overwork, or otherwise abuse an animal
or cause, instigate, participate in or permit any dogfight, cockfight or
other combat between animals or between animals and humans. No person shall
provide or use animals as bait or in training for dogfights, cockfights, or
other combat between animals or between animals and humans or otherwise
violate any provision of MCL 750.49 and 750.50.
Section 8.109. No owner or caregiver of an animal shall
abandon or neglect any animal. An animal is deemed abandoned and/or neglected
if the owner or caregiver fails to properly maintain the animal under the
minimal standards of care set forth in this Ordinance and State law.
Section 8.200. Any operator of a motor vehicle who strikes a
dog, cat, or other animal shall stop at once and render such assistance as
may be possible and shall immediately report such injury or death to the
animal's owner. In the event the owner cannot be ascertained, the operator
shall immediately report the accident to the appropriate law enforcement
agency or local animal protection shelter.
Section 8.201. No person shall expose any known poisonous
substance, whether mixed with food or not, so that the poisonous substance
may be eaten by any animal, provided that it shall not be unlawful for a
person to expose on his or her property common rat poison mixed only with
vegetable substances.
Section 8.202. No person, except a licensed veterinarian,
shall crop an animal's ears or dock an animal's tail.
Section 8.203. Animals shall be disposed of in a humane
manner. Under no circumstances shall an animal be killed by the Animal
Control Officer or a Police Officer when away from the Animal Control
Shelter, except in emergency cases or when medical help for an injured or suffering
animal cannot be obtained within a reasonable period of time.
Section 8.204. Housing Conditions for multi-animal housing.
(a) Housing facilities for animals shall be
structurally sound and shall be maintained in good repair, to protect the
animals from illness or injury, to contain the animals, and to restrict the
entrance of other animals.
(b) Every building or enclosure where animals
are maintained shall be constructed of material which can be easily cleaned
and shall be kept in a clean and sanitary condition. The building shall be
properly ventilated to prevent drafts and to remove odors. Heating and
cooling shall be provided as required, according to the physical needs of the
animals, with sufficient light to allow observation of animals and sanitation.
(c) All animal rooms, cages, kennels, and runs
shall be of sufficient size to provide all animals with adequate room for
exercise and general proper accommodations.
(d) All animal rooms, cages, kennels, and runs
shall provide all animals with proper shelter and protection from the weather
at all times, including, but not limited to, a minimum of a roofed,
three-sided structure of suitable size. All animals must be provided with an
area protected from the elements so as to provide a dry, clean area for the
animals to rest.
(e) No person shall fail to provide an animal
with adequate shelter any time an animal is confined in such a manner that it
is unable to seek shelter, regardless of the length of time the animal is out
in the weather.
Section 8.205. No animal shall be left without proper
attention and care for more than 24 consecutive hours. Whenever an animal is
left unattended at a commercial animal facility, the name, address and
telephone number of the responsible person shall be posted in a conspicuous
place at the front of the property.
(a) No condition shall be maintained or
permitted that is or could be injurious to the animals.
(b) All reasonable precautions shall be taken
to protect the public from the animals and animals from the public.
(c) No person shall give an animal any
alcoholic beverage or prescription drug, unless prescribed by a veterinarian.
(d) No person shall allow animals which are
natural enemies, temperamentally unsuited, or otherwise incompatible, to be
quartered together or so near each other as to cause injury, fear or torment.
If two or more animals are so trained that they can be placed together and do
not attack each other or perform or attempt any hostile act to each other,
the animals shall be deemed not to be natural enemies.
(e) Working animals shall be given adequate
rest periods. Confined or restrained animals shall be given exercise proper
for the individual animal under the particular conditions.
(f) No person shall work, use, or rent any
animal which is malnourished, undernourished, overheated, weakened,
exhausted, sick, injured, diseased, lame, or otherwise unfit. This shall mean
that if an animal is not shod, it must be provided with footing (i.e., grass,
hay wood shavings or dirt). At a minimum, working animals shall be given
twenty minute breaks every ___ hours, with water and shade provided. No
animal shall be used if it appears to be lame or in distress.
(g) No person shall allow any animal which the
_______ Animal Control Shelter has suspended from use, to be worked or used
until released by the _________ Animal Control Shelter.
(h) No person having a female domestic animal
or pet in heat shall permit the animal to be contained in such a fashion that
stray animals have access to her, or that permits the animal to escape.
(i) All animals shall be kept under humane
restraint.
(1) All dogs and cats shall be kept under
restraint and shall not be permitted to be at large.
(2) No owner shall permit a dog or cat to
leave the owner's premises unless such animal is wearing a leash and is under
the positive control of a person of suitable age and discretion. The leash
shall be of sufficient strength to restrain the particular animal.
(3) While restrained by a leash, no animal
shall be permitted to enter upon private property other than the animal
owner's without the permission of the private property owner.
Section 8.206. Gifts
of Animals. No person shall
offer as a prize or give away any live animal/fowl in any contest, raffle,
promotional event, lottery, or as enticement for fund raising, or for entry
into any place of business.
(a) It shall be unlawful for any person to
sell, or offer for sale, barter or give away as pets or novelties rabbits two
(2) months old or younger, or baby chicks. This section shall not be construed
to prohibit the display or sale of natural chicks or ducklings in proper
brooder facilities by hatcheries or stores engaged in the business of selling
chicks or ducklings to be raised for commercial purposes.
(b) No person shall give away any live animal,
fish, reptile, or bird as a prize for, or as an inducement to enter, any
contest, game or other competition, or as an inducement to enter a place of
amusement. No person shall offer any live animal, fish, reptile, or bird as
an incentive to enter into any business agreement where the offer is made for
the purpose of attracting trade.
(c) It shall be unlawful for any person to
dye, artificially color, spray or paint any live bird or fowl or other
animal, or to sell, offer for sale, or otherwise dispose of any colored bird,
fowl or other animal.
Section 8.207. Animals
in Motor Vehicles.
(a) No person shall transport or carry any dog
or other animal in a motor vehicle unless the animal is safely enclosed
within the vehicle. If a person is transporting or carrying an animal in an
unenclosed or partially enclosed vehicle (including, but not limited to
convertibles, pick-up and flat-bed trucks), the person shall confine the
animal in a container case, or other device that is of proper and adequate
size to prevent the animal from falling from or jumping from the motor
vehicle.
(b) No person shall leave any animal in any
standing or parked vehicle in such a way as to endanger the animal's health,
safety or welfare. An Animal Control Officer, a law enforcement officer and
their agents are authorized to use reasonable force to remove an animal from
any vehicle whenever it appears that the animal's health, safety, or welfare
is, or may be, endangered.
(c) No person shall permit an animal to be
within or on a motor vehicle at any location under such conditions as may
endanger the health or well being of the animal, including, but not limited
to dangerous temperatures, lack of air, food, water or proper care.
(d) No person shall carry or cause to be
carried in or upon any vehicle or otherwise, any live animals having the feet
or legs tied together or in any other cruel or inhumane manner or without
providing suitable and humane facilities including racks, crates or cages in
which such animal may stand up or lie down during transportation or while
awaiting slaughter or sale.
Section 8.208.
Dangerous Animal And Vicious Animal Care. Every Dangerous Animal and Vicious Animal shall be confined by
its owner within a building or secure enclosure and shall be securely muzzled
or caged whenever off the premises of its owner.
Section 8.209. Ferret
Owners Responsibilities.
(a) A person who owns or harbors a ferret that
has bitten, scratched, caused abrasions or contaminated with saliva or other
infectious material an open wound or mucous membrane of a human being shall
report the incident within 48 hours to the County Public Health Department.
(b) A person who owns or harbors a ferret that
has potentially exposed a person or other animal to rabies by biting,
scratching, causing abrasions or contaminating open wounds or mucous
membranes with saliva or other infectious material, shall handle the ferret
in accordance with current published guidelines of the Centers of Disease
Control and Prevention and State law.
(c) No person owning, possessing or having
charge of any ferret shall permit a ferret to leave the owner's property
unless the ferret is confined or leashed and under the direct control of the
owner or a responsible person designated by the owner.
(d) No person shall release a ferret into the
wild or abandon a ferret.
Section 8.210. Dead
Animals. It shall be unlawful
for an owner or caregiver, or person possessing an animal to do any of the
following:
(a) To put any dead animal or part of the
carcass of any dead animal, into any lake, river, creek, pond, road, street,
alley, lane, lot, field, meadow or common, unless the carcass or part(s) of
the carcass is/are buried at least four (4) feet underground.
(b) To allow the carcass of a dead animal to
be left unattended and not properly disposed of for more than 72 hours after
the death of the animal.
Section 9. Wild/Exotic
Animals.
Section 9.100. No person, partnership or corporation shall
possess or harbor any Wild Animal(s) and/or Exotic Animal(s). This
prohibition does not apply to zoological parks, properly licensed transient
animal exhibitions, circuses, or licensed veterinarians or DNR-licensed
caregivers to wild animals.
Section 9.101. Anyone in possession of a Wild Animal, Exotic
Animal or a crossbreed of a Wild Animal or Exotic Animal with a Domestic
Animal, shall meet the following requirements to keep the animal:
(a) Obtain a permit from the Animal Control
Officer within 90 days from the publication of this Ordinance. Permits shall
be valid for one year from the date of issue, will be renewed if the Owner is
in compliance, and will be revoked at any time for noncompliance.
(b) Keep the Animal in a tightly secured cage
or pen and restrained at all times. The Animal must be muzzled or caged when
transported.
(c) Provide to the Animal Control Officer
written proof from a licensed Veterinarian that the Animal has been spayed or
neutered, or written statements from a licensed veterinarian why the Animal
cannot or should not be spayed or neutered.
Section 9.102.
Instructions for Obtaining a Permit to Possess a Wild Animal or Exotic
Animal.
(a) Submit to the Animal Control Officer a
site plan and drawing that will include property lines, existing structures
and buildings and the location and size of the proposed cage or pen. The area
and materials used must be in compliance with standards set by the Animal
Control Officer, and based upon the size and nature of the Animal.
(b) File an application for permit and the
appropriate fee.
(c) Show proof that liability insurance
coverage is in place, specifically stating that the animal is covered.
(d) Allow the Animal Control Officer freedom
to inspect the area as necessary to assure the health and safety needs are
being met.
(e) Submit proof of being in compliance with
all other local governmental unit laws and ordinances concerning the keeping
of Wild Animals or Exotic Animals.
Section 9.200. Permit. Upon approval of an application to own or
possess a Wild Animal or an Exotic Animal, the Animal Control Officer shall
issue a permit in the form attached to this Ordinance as Exhibit A.
Section 9.300. Animal
Control Regulations.
The Animal Control Officer shall promulgate Animal Control Regulations in the
form attached to this Ordinance as Exhibit B.
Section 9.400. Hearing
and Disposition. When an Animal
Control Officer or designee has reason to believe that an individual
possesses a Wild Animal or an Exotic Animal, he/she shall submit a report to
the Office of the Prosecuting Attorney. The Prosecuting Attorney shall decide
whether or not to petition the District Court for a show cause hearing before
a magistrate where the animal's status as a Wild animal or Exotic Animal
shall be determined. If an Animal is determined to be wild or exotic by the
magistrate, the individual possessing the Animal shall immediately comply
with the restraint and insurance requirements set forth in this Ordinance. At
any time following the magistrate's decision, if the Animal Control Authority
believes any Wild Animal or Exotic Animal has not been adequately restrained,
the animal may be immediately taken into custody and held in a safe and
humane manner until the owner can demonstrate compliance. Any individual
whose Animal has been so held by the Animal Control Authority shall be
responsible for the costs incurred as a result of failure to comply with this
Ordinance.
Any person possessing a Wild Animal or Exotic
Animal shall have fourteen (14) calendar days following the magistrate's
decision to fully comply with this Ordinance. After fourteen (14) calendar
days if that person has not so complied, the Animal Control Authority shall
issue that person a citation for violating this Ordinance. Any person who is
found guilty of violating this Ordinance shall be subject to the penalties
set forth in Section 7 of this Ordinance. Further, a violation of this
Section could result in the court-ordered destruction of a Wild Animal or an
Exotic Animal, or other disposition, at the cost of the owner.
Section 10.
Confinement of Animal After Biting.
Section 10.100.
Domesticated Companion Animal. The owner of any Domesticated Companion Animal that bites a
Person or other Animal shall securely confine the biting Animal inside an
appropriate building or enclosure for a minimum of ten (10) days immediately
following the bite. If the Owner of the biting Animal fails to do so, or if
the Owner of the biting Animal cannot be identified or found, then the Animal
Control Officer may take possession of the Domesticated Companion Animal and
humanely confine it at the Animal Control Shelter or Animal Protection
Shelter or local Humane Society until the expiration of the ten (10) day
period. In this event, The Owner shall be responsible for all expenses
incurred by the Animal Control Officer in gaining possession of and confining
the pet for the ten (10) day period. At the expiration of the ten (10) day
period, if the Owner shows satisfactory evidence that the Domesticated
Companion Animal is not suffering from rabies, and pays the requisite
expenses, the Animal Control Officer shall release the Domesticated Companion
Animal to its Owner.
The Animal Control Officer may humanely
destroy the Domesticated Companion Animal only if the Domesticated Companion
Animal is determined to be suffering from rabies as evidenced by the written
opinion of a licensed veterinarian. In such a case, following the humane
destruction of the Domesticated Companion Animal, the Animal Control Officer
shall immediately send a sample specimen to the Michigan Department of Public
Virology Laboratory in Lansing, Michigan. The Animal Control Officer shall
also immediately notify the victim of the bite, or in the case of a bitten
Animal, the Owner of the bitten Animal, of the veterinarian's opinion.
Section 10.200.
Animals That Are Not Domesticated. The Animal Control Officer shall securely and humanely confine
in the Animal Control Shelter or its contracted agency any animal which is
not kept as a Domesticated Companion Animal that bites a human or animal for
the requisite ten (10) day period. If, at the expiration of this period, the
animal does not display any indication that it is suffering from rabies or
other sickness, the Animal Control Officer may (1) in the case of a wild
animal; release it in a suitable habitat; or (2) in the case of an Exotic
Animal or stray Domesticated Companion Animal, retain possession of the
animal at the Animal Control Shelter where policies regarding adoption and
humane destruction in Section 5 of this Ordinance shall apply. If, during the
ten (10) day holding period, the animal displays symptoms of rabies, then the
Animal Control Officer shall humanely destroy the animal and immediately send
the animal or sample specimen to the Michigan Department of Public Health
Virology Lab in Lansing, Michigan.
Section 11. Animal
Impoundment; Adoption or Humane Destruction.
Section 11.100.
Impoundment by Animal Control Officer. The Animal Control Officer may humanely seize and impound at
the Animal Control Shelter or the Contract Service Provider, such as the
local Humane Society, any Domesticated Companion Animal found running at
large and not in control of its owner. If an Animal control Officer finds a
non-vicious or non-dangerous Domesticated Companion Animal running at large,
and the owner of the Domesticated Companion Animal can be ascertained and is
available, the Animal Control Officer may not seize and impound the
Domesticated Companion Animal, but rather, may return the Domesticated
Companion Animal to its owner, and may cite the owner with a violation of
this Ordinance. The Animal Control Officer shall humanely seize and impound
at the Animal Control Shelter any Animal that is, within the reasonable
discretion of the Animal Control Officer, subject to abuse, cruelty,
abandonment or neglect, and shall cite the owner with a violation of this
Ordinance and/or applicable state laws.
Section 11.200.
Impoundment by Citizens.
Any citizen shall be empowered to temporarily take and hold any animal within
plain view that, according to a reasonable person's standard, is subject to
cruelty, abuse, abandonment or neglect, or which poses an imminent danger of
causing serious bodily injury or death to a Person or another animal. Any
such citizen shall immediately contact an Animal Control Officer and turn
over the animal to the Animal Control Officer's custody. Any citizen acting reasonably
and in good faith under this Section shall not be liable for civil claims or
criminal charges resulting from such actions.
Section 11.300.
Notification of Owner.
Immediately after impounding an animal, if the owner of the animal can be
identified by collar, license, tag or by other means, the Animal Control
Officer shall immediately notify the owner about the animal's impoundment by
telephone and by first class mail. The Animal Control Officer shall inform
the owner of the steps necessary to regain custody of the animal, as set
forth in Section _____ of this Ordinance.
Section 11.400.
Impoundment at Animal Control Shelter. Any animal seized and impounded under this Article shall be
humanely confined for a minimum of seven (7) days at the Animal Control
Shelter or local Humane Society. An animal of an identified owner shall be
held for a minimum of ten (10) days following the notification of the owner.
If the owner of the animal cannot be
ascertained or if the animal is otherwise not redeemed under subsection ____
of this Ordinance or adopted under subsection ____ of this Ordinance, then,
at the expiration of the seven (7) day period for animals without an
identifiable owner, or ten (10) days for animals with an identified owner,
the Animal Control Officer may continue to humanely confine the animal or may
humanely destroy the animal in accordance with the standards of humane
euthanasia set forth in Section 5 of this Ordinance and as provided in MCL
287.279a.
Any animal voluntarily turned in to the Animal
Control Shelter for the purpose of euthanasia, or any animal that is sick,
injured or otherwise suffering, need not be held for the requisite time
periods set forth in this Section. In such case, the Animal Control Officer
may immediately humanely destroy the animal in accordance with the standards
of humane euthanasia set forth in Section 5 of this Ordinance and in MCL
287.279a.
The bodies of animals destroyed at the Animal
Control Shelter shall be disposed of by the Animal Control Officer in
accordance with State law. (MCLA 224.21; MSA 9.12).
The Animal Control Division shall maintain a
record of when, where and under what circumstances each animal was seized.
The record must also include the dates of notices sent to owners and the
disposition of each animal.
Section 11.500.
Redeeming Impounded Animals. Any owner may redeem an animal from impoundment by executing a
sworn statement of ownership, furnishing a license and tag, as required by
this Ordinance and State laws and paying all expenses associated with the
seizure and impoundment of the animal. The Animal Control Officer shall not
release any impounded animal to an owner who has been convicted with animal
cruelty, abandonment or neglect or other violations of State law or of this
Ordinance without a Court Order following a show cause hearing in which the
owner establishes that he or she can and will own and keep the animal in a
humane fashion, and in accordance with State laws and this Ordinance.
Section 11.600.
Adoption of Impounded Animals. Any person who wishes to adopt an impounded animal must sign a
sworn statement that he or she will own and keep the animal in accordance
with the terms of this Ordinance and State laws, including compliance with
licensing and vaccination requirements and sterilization requirements. If the
animal has not been sterilized, the sworn statement must also provide that
the adopted animal will be immediately sterilized or, in the case of a puppy,
kitten, sick or injured animal, will be sterilized immediately after a licensed
veterinarian determines that the animal is of sufficient age and health to
undergo sterilization. The sworn statement must also provide that the animal
will not be used for fighting or other illegal activity and will not be
subjected to, sold, or otherwise used for medical or other testing or
experimentation. Any person adopting an impounded animal must pay shelter,
boarding and other charges associated with the seizure and impoundment of the
animal prior to the release of the animal. Such charges shall be posted
conspicuously at the Animal Control Shelter.
Section 12. Kennels.
Section 12.101.
Licensing. Any person who owns,
keeps or operates a kennel shall obtain a kennel license from the Animal
Control Office. The Animal Control Officer shall inspect all kennels annually
in accordance with State of Michigan Animal Control laws. Kennels must also
comply with applicable Building Code and Zoning Ordinances. The Animal
Control Officer shall suspend licenses for kennels and impound animals kept
in kennels whose conditions are unhealthy or inhumane or otherwise in
violation of this Ordinance or State laws. At inspections, or at any other
time, the Animal Control Officer may cite kennel owners for violations of
this Ordinance.
Section 12.200.
Exemption from Requirement for Individual Animal Licenses. Any person who owns, keeps or operates a
kennel may, in lieu of obtaining individual licenses for animals required
under this Ordinance, apply to the Animal Control Officer for a kennel
license to own, keep or operate the kennel in accordance with applicable
State laws, including MCLA 287.270; MSA 12.520.
Section 12.300.
Licensing Fees. The fees for a
kennel license shall be:
_____ dollars ($_____) for three (3) to five
(5) dogs;
_____ dollars ($_____) for six (6) to ten (10)
dogs;
_____ dollars ($_____) for eleven (11) to
fifteen (15) dogs; and
_____ dollars ($_____) for each additional ten
(10) dogs.
Section 12.400.
License Requires Compliance with Statutes, Regulations and Ordinances. The Animal Control Officer shall not issue to
any person a kennel license unless that person is in full compliance with
this Ordinance and the laws of the State of Michigan, including, but not
limited to, Michigan Department of Agriculture Regulation 129 governing dog
kennels, MCLA 287.261-293; MSA 12.511-543. The Animal Control Officer shall
not issue a kennel license to any person who has, at any time, been convicted
of animal cruelty, abuse or neglect, except upon a Court Order following a
show cause hearing wherein the person seeking the kennel license has shown
that he or she can and will run, keep and operate the kennel in a safe and
humane fashion and in accordance with State laws and this Ordinance.
Section 12.500. Rabies
Vaccinations Required.
Issuance of a kennel license does not relieve or exempt an owner of a kennel
from the requirement that all dogs of licensing age have a current rabies
vaccination with a vaccine licensed by the U.S. Department of Agriculture and
evidenced by a valid certificate of vaccination for rabies signed by a
licensed veterinarian. The requirements of this Section shall not apply to a
litter of puppies less than six (6) months of age that are housed with their
mother.
Section 12.600. Humane
Treatment. All kennels must be
kept sanitary and provide adequate housing and humane treatment of the
animals in the kennel including, but not limited to, fresh food and water
daily, sufficient room and opportunity for daily exercise, protection from
the elements, adequate ventilation, vaccinations against diseases and
adequate veterinarian care.
Any person who owns, keeps or operates a
kennel is subject to the minimum standards of care and all provisions of this
Ordinance in its entirety for each of the animals kept in the kennel.
Section 12.700.
Penalties. Any person who owns,
keeps or operates a kennel and who fails to obtain and maintain a current
kennel license shall be subject to citation for violation of this Ordinance
and shall be subject to the penalty provisions of this Ordinance.
Section 13. Special
Provisions Regarding Vicious Animals.
Section 13.101.
Standards for Keeping Vicious Animals. The keeping of Vicious Animals shall be subject to the
following standards.
(a) Leash and Muzzle. No person shall permit a Vicious Animal to
go outside of its kennel, pen or the owner's residence unless such animal is
securely leashed with a leash no longer than four (4) feet in length. No
person shall permit such an animal to be kept on a chain, rope or other type
of leash outside its kennel or pen unless a person is in physical control of
the leash. Such animals may not be leashed to inanimate objects such as
trees, posts, buildings, etc. In addition, all such animals on a leash
outside of the animal's kennel, pen, or the owner's residence must be muzzled
by a muzzling device sufficient to prevent the animal from biting persons or
other animals.
(b) Confinement. All Vicious Animals shall be securely confined indoors or in a
securely enclosed and locked pen or kennel, except when leashed and muzzled
as provided in paragraph (a) above. Such pen, kennel, or structure must have
secure sides and a secure top attached to its sides. A fenced-in yard by
itself is insufficient to meet this standard. All structures used to confine
such animals must be locked with a key or combination lock when such animals
are within the structure. Such structure must have a secure bottom or floor
attached to the sides of the pen or the sides of the pen must be embedded in
the ground to a depth of no less than two (2) feet. All structures erected to
house such animals must comply with all zoning and building regulations of
the City or Township where located. All such structures must be adequately
lighted and ventilated and kept in a clean and sanitary condition. The house
or shelter for said animal shall be totally enclosed within the confinement
structure.
(c) Confinement Indoors. No Vicious Animal may be kept on a porch,
patio, or in any part of a house or structure that would allow the animal to
exit such building on its own volition. In addition, no such animal may be
kept in a house or structure where window screens or screen doors are the
only obstacle preventing the animal from exiting the structure.
(d) Signs. All owners, keepers or harborers of Vicious Animals within the
County of _____ shall within ten (10) days of the effective date of this
Ordinance, display in a prominent place on their premises a sign, easily
readable by the public from adjoining public roads or streets, using such
words as "Beware of Vicious Animal" or other appropriate warning language. In
addition, a similar sign must be posted on the kennel or pen of such animal.
Section 13.102.
Insurance Identification and Reporting Requirements.
(a) Insurance. All owners, keepers or harborers of Vicious Animals must,
within ten (10) days of the effective date of this Ordinance, provide proof
to the County of _____ at its Animal Control Division at the Animal Control
Shelter of or local Humane Society, liability insurance in an amount of five
hundred thousand dollars ($500,000) for each occurrence for bodily injury to
or death of any person or persons which may result from ownership, keeping or
maintenance of such animal. The insurance policy shall provide that no
cancellation of the policy will be effective unless ten (10) days written
notice is first given to the Animal Control Officer at his or her business
address.
(b) Identification photographs. All owners, keepers or harborers of Vicious
Animals must, within ten (10) days of the effective date of this Ordinance,
provide the Animal Control Officer with two (2) color photographs of the
registered animal clearly showing the color and approximate size of the
animal.
(c) Reporting requirements. All owners, keepers or harborers of Vicious
Animals must, within three (3) days of the following incidents, report the
following in writing to the Animal Control Officer:
(1) The removal from the County or death of a
Vicious Animal.
(2) The birth of offspring of a Vicious
Animal.
(3) The new address of a Vicious Animal if the
owner moves within the County limits.
(4) The animal is on the loose, has been
stolen or has attacked a person.
Section 13.103.
Rebuttable Presumption as to Pit Bulls and Wolf-Hybrids. There shall be a rebuttable presumption that
Pit Bull dogs and Wolf-Hybrids and any other animal adjudicated as a
Dangerous Animal are Vicious Animals for purposes of this Ordinance.
"Pit Bull Dog" is defined for purposes of this Section to mean the
Bull Terrier breed of dog, the Staffordshire Bull Terrier breed of dog, the American
Pit Bull Terrier breed of dog, the American Staffordshire Terrier breed of
dog, dogs of mixed breed or other breeds which breed or mixed breed is known
as Pit Bulls, Pit Bull Dogs, or Pit Bull Terriers, and any dog which has the
appearance and characteristics of being predominantly of the breeds of Bull
Terrier, Staffordshire Bull Terrier, American Pit Bull Terrier, American
Staffordshire Terrier, any other breed commonly known as Pit Bulls, Pit Bull
Dogs or Pit Bull Terriers, or a combination of any of these breeds. A
"Wolf-Hybrid" is defined for purposes of this Section to mean any
animal having a lineage dating from 1900 with any wolf breed combined with
any other domesticated dog.
Section 13.104.
Failure to Comply.
If the owner, keeper or harborer of a Vicious
Animal resident within the County of _____ fails to comply with the
requirements and conditions set forth in this Section and this entire
Ordinance, the animal shall be subject to immediate seizure and impoundment
and further disposition in accordance with this Ordinance.
Section 14.100.
Penalty. Any person violating
any of the provisions of this Ordinance shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall be punished by imprisonment
for not more than one hundred twenty (120) days or by a fine of not more than
one thousand dollars ($1,000.00), or by both plus costs of prosecution and
related expenses. The Court shall impose a fine of at least thirty-five
dollars ($35.00) upon conviction of violation of Section ___, subsection ___
(unlicensed dog or cat) and a fine of at least two hundred dollars ($200.00)
upon conviction of any violation of Section _____, subsection _____,
subsections _____, and Section _____, subsection _____, subsections _____ and
_____ (Vicious Animals).
Any person found to be in violation of this
Ordinance by virtue of intentional or wilful cruelty, abandonment, neglect or
abuse of an animal, or who causes, instigates or participates in or permits
combat between animals or provides or uses animals for bait or training for
such combat, shall be guilty of a misdemeanor and, upon conviction, shall be
punished by imprisonment of not less than one (1) year or by a fine of not
less than five thousand dollars ($5,000.00), or by both.
A violation of this Ordinance as to each
animal in the care, custody or control of a person constitutes a separate
offense, each separate offense being subject to the penalties provided in
this Ordinance.
In all situations where penalties are provided
for any act or omission, they shall be held to apply to each and every act or
omission. When any act or omission is of a continuing character, each and
every day's continuance of the act or omission constitutes a separate offense
and a presumption of continuing harm and violation of this Ordinance which
may be separately charged and punished according to the provisions of this
Ordinance.
A violation of State law with respect to the
matters covered by this Ordinance shall also be deemed to be a violation of
this Ordinance. The Board of County Commissioners shall have further right to
deem a violation a civil infraction, with such civil infraction to have fines
and penalties assigned by rules adopted by the Board of County Commissioners
from time to time.
Section 15.
Miscellaneous.
Section 15.100. Rules
of Construction. When not inconsistent
with the context, words used in the present tense include the future and past
tenses. Words in the singular include the plural and words in the plural
include the singular. Masculine includes the feminine and neuter. Words or
terms not defined in this Ordinance shall be interpreted in accordance with
their common meaning. The words "shall" and "will" are
mandatory and not merely directive. Headings are inserted for convenience and
shall not limit or increase the scope of any provision or Section of this
Ordinance.
Section 15.200.
Severability. If any part of this
Ordinance shall be held unconstitutional or void, such part shall be deemed
severable and its invalidity shall not affect the remaining parts of this
Ordinance.
Section 15.300. Safety
Clause. The townships,
cities, and villages of the County and the County hereby find, determine, and
declare that this Ordinance is necessary for the immediate preservation of
the public health, safety, and welfare of the cities of the County, the
County, and the inhabitants.
Section 16. Repeal and
Savings Clause.
Section 16.100. All Ordinances or parts of Ordinances
inconsistent with this Ordinance are repealed to the extent they are in
conflict with this Ordinance. However, any and all civil and criminal actions
arising out of any Ordinance repealed by this Ordinance which are pending in
a court of this State or otherwise vested on the effective date of this
Ordinance, shall not abate and shall be saved and may proceed to conclusion
pursuant to the terms of the repealed Ordinance.
Section 17. Adoption
of Ordinance.
Section 17.100. This Ordinance shall be adopted only after a
majority of the Commissioners elected and serving shall vote in favor of its
adoption. The Clerk of the Board of Commissioners shall then endorse this
Ordinance and the Chairperson of the County Board of Commissioners shall sign
this Ordinance, which shall then be certified by the Clerk before it is
considered adopted. This Ordinance shall then take effect seven (7) days
after the date that it is published in a newspaper of general circulation in
the County. The County Clerk shall certify the publication.
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