As used in this chapter, the following terms shall have the
meanings indicated:
Any living vertebrate creature, wild or domestic, except
humans.
Any employee qualified to perform animal control duties pursuant
to the requirements of MCL § 287.289a and MCL § 287.289b,
and who is under the direction of the Village of New Haven and any
Macomb County Animal Control Officer.
The animal kenneling facility used by Macomb County and/or
the Village of New Haven pursuant to MCL § 67.3 to house
stray or unwanted animals.
Any establishment that keeps, harbors or boards more than
three dogs whether for breeding, sale, animal rescue\protection or
sporting purposes.
Nuisance animal shall mean an animal running at large, on public
or private property other than that of its owner or keeper, whose
behavior constitutes a nuisance. Nuisance behavior shall include,
but not be limited to:
Dangerous animal shall mean an animal whose behavior is dangerous.
Dangerous behavior shall include, but not be limited to: biting or
otherwise causing serious injury to a person or other animal on public
or private property where the injured person or other animal is legally
entitled to be, including the property of the animal's owner
or custodian. An animal that is intentionally trained or conditioned
to fight or guard, except for animals trained for law enforcement
or service purposes while engaged in the activities for which they
were trained, shall be considered a dangerous animal.
Exceptions: An animal shall not be considered a nuisance or
dangerous where its act is caused by:
An illness or injury suffered by the animal at the time of the
act;
The negligent or reckless conduct of any person to whom the
act is directed;
Lawful hunting while the animal is under the control of its
owner or custodian; or
Defense of the animal's owner, members of the owner's
family or household, or their property.
Owner shall mean:
Every person having a right of property in an animal;
An authorized agent of the person having a right of property
in an animal;
Every person who keeps or harbors an animal or has it in his
or her care, custody or control;
Every person who permits an animal to remain on or about the
premises occupied by him or her;
Every person who has the apparent authority to have a right
of property in an animal;
Any person having control or purporting to have control over
an animal;
The person named in the licensing records of any animal as the
owner;
The occupant of the premises where the animal is usually kept
if such premises are other than the premises of the owner as shown
on the licensing records;
The parent or guardian of an owner under 18 years of age shall
be deemed the owner as defined in this section. If an animal has more
than one owner, all such persons are jointly and severally liable
for the acts or omissions of an owner, even if the animal was in the
possession of or under the control of a keeper at the time of the
offense.
An individual, firm, partnership, corporation, trust, or
any association of persons.
