[Adopted 2-28-1984 by Ord. No. 895 as
Art. II of Ch. 75 of the 1984 Code]
Except as herein provided in § 75-16, it shall be unlawful to own, possess or harbor a dog in the City without first obtaining a license therefor from the Police Chief or designee as hereinafter provided. Any person allowing a dog to habitually remain within or on his or her house, store, building, enclosure or premises shall be considered as owning, harboring or keeping the same within the meaning of this article.
[Amended 7-22-1986 by Ord. No. 945; 7-27-1999 by Ord. No.
1125; 3-27-2001 by Ord. No. 1148]
A.
The owner of a dog that is four months old shall apply to the Police Chief, or his or her designee, for a license for each dog owned or kept by him or her. Licenses shall be procured for the duration of the rabies vaccination. Any prior licensee who fails to renew an expiring license before 30 days after the current license expires shall be subject to the additional charges set forth in § 75-16.
B.
The applicant must present a rabies certificate which
shall state the breed, sex, age, color and markings of the dog and
the name and address of the owner. The application for a license shall
be accompanied by a valid certificate of a current vaccination for
rabies, with a vaccine licensed by the United States Department of
Agriculture, signed by an accredited veterinarian. The certificate
for vaccination for rabies shall state the month and year of expiration
for the rabies vaccination, in the veterinarian's opinion.
C.
The owner of a dog that is required to be licensed
under this section shall keep the dog currently vaccinated for rabies
by an accredited veterinarian with a vaccine licensed by the United
Stated Department of Agriculture.
D.
The applicant shall pay to the Police Chief or his or her designee, prior to the issuance of the license, the sum as provided in Chapter 133, Fees, for a license. There will be a renewal license fee as provided in Chapter 133 for unneutered or unspayed dogs and for a renewal license fee for neutered or spayed dogs. The applicant will be required to pay the fee as provided in Chapter 133 for each duplicate license requested.
E.
A dog which is used as a guide or leader dog for a
blind person, a hearing dog for a deaf or audibly impaired person
or service dog for a physically limited person is not subject to any
fee for licensing. This exemption shall extend to "Paws for a Cause."
Any dog that is allergic to a rabies vaccination must be registered with the Police Chief or designee, and the owner harboring this type of dog must exhibit proof from a doctor of veterinary medicine showing that the dog is allergic to a vaccination shot. Persons harboring this type of dog must pay the Police Chief or designee a fee as provided in Chapter 133, Fees, prior to the issuance of a special license tag which is good for the life of the dog. This unvaccinated dog must be muzzled and restrained by a chain-type leash and under control by a responsible person while on the sidewalk or in a public place. Before the Police Chief or designee can issue a license to the owner of this type of dog, the owner must display a muzzle and chain-type leash to the Police Chief or designee. The Animal Control Officer may make a periodic check on this type of dog. It is the duty of the owner of an unvaccinated dog who is allergic to rabies shots to notify the Police Chief or designee if the dog is destroyed or moved from the City.
[Amended 3-27-2001 by Ord. No. 1148]
At the time of the issuance of the license,
the Police Chief or designee shall deliver to each applicant a tag
which will contain the number of the license, the year of expiration
and such other information as may be required by the City Council.
Such tag shall forthwith be fastened to a collar and placed upon the
dog's neck, and such collar containing the tag must be worn by all
dogs when they are not securely restrained upon the premises of the
owner.
[Added 9-28-2004 by Ord. No. 1192[1]]
It shall be unlawful for any person to suffer or permit a vicious, fierce or potentially dangerous or vicious animal to go unconfined and unrestrained on such person's premises, or to run at large. "Vicious animal" is defined in Chapter 75, § 75-11 herein.
[1]
Editor's Note: This ordinance also repealed
former § 75-10, Restraint of vicious dogs; destruction of
dogs, as amended.
[Added 7-27-1999 by Ord. No. 1125[1]]
As used in this article, "vicious animal" shall
mean and include:
A.
Any dog or cat which attacks a human being or domestic
animal without provocation.
B.
Any dog or cat with a known propensity, tendency,
or disposition to attack unprovoked, to cause injury to, or to otherwise
endanger the safety of humans or other domestic animals.
C.
Any dog or cat declared by the Animal Control Officer
to be a dangerous dog or cat, or any dog or cat determined to be a
dangerous dog or cat under the authority of the state legislature
or declared by any court.
[Added 9-28-2004 by Ord. No. 1192]
"Potentially dangerous animal" means any of
the following:
A.
Any dog or cat which, when unprovoked, on two separate
occasions within a prior sixty-month period, engages in any behavior
that requires defensive action by any person to prevent bodily injury
when the person and the dog or cat are off the property of the owner
or keeper of the dog or cat.
B.
Any dog or cat which, when provoked, bites a person.
[Added 9-28-2004 by Ord. No. 1192]
A.
No animal may be declared potentially dangerous or
vicious if any injury or damage is sustained by a person who at the
time that injury or damage was sustained was committing willful trespass
or other tort upon premises occupied by the owner or keeper of the
animal or was teasing, tormenting, abusing, or assaulting the animal,
or was committing or attempting to commit a crime. No animal may be
declared potentially dangerous or vicious if the animal was protecting
or defending a person within the immediate vicinity of the animal
from an unjustified attack or assault. No animal may be declared potentially
dangerous or vicious if an injury or damage was sustained by a domestic
animal, at the time the injury or damage was sustained, because the
animal was teasing, tormenting, abusing or assaulting the animal.
B.
No animal may be declared potentially dangerous or
vicious if the injury or damage to a domestic animal was sustained
while the animal was working as a hunting animal, herding animal,
or predator control animal on the property of, or under the control
of, its owner or keeper, and the damage or injury was to a species
or type of domestic animal appropriate to the work of the animal.
C.
Dogs owned and controlled by local, state, and federal
law enforcement agencies which are used in law enforcement or related
activities may not be declared potentially dangerous or vicious.
[Added 9-28-2004 by Ord. No. 1192]
A.
If an animal control officer or law enforcement officer
has investigated and determined that there exists probable cause to
believe that an animal is potentially dangerous or vicious, the Animal
Control Officer, or his or her designee, or the head of the local
law enforcement agency, or his or her designee, shall petition the
District Court for a hearing for the purpose of determining whether
or not the animal in question should be declared potentially dangerous
or vicious. Whenever possible, any complaint received from a member
of the public which serves as the evidentiary basis for the Animal
Control Officer or law enforcement officer to find probable cause
shall be sworn to and verified by the complainant and shall be attached
to the petition. The Animal Control Officer or the local law enforcement
agency shall notify the owner or keeper of the animal that a hearing
will be held by the District Court at which time the owner or keeper
of the animal may present evidence as to why the animal should not
be declared potentially dangerous or vicious. The owner or keeper
of the animal shall be served with notice of the hearing and a copy
of the petition, either personally or by first-class mail with return
receipt requested. The hearing shall be held promptly within no less
than five working days or no more than 10 working days after service
of the notice upon owner or keeper of the animal. The hearing shall
be open to the public. The court may admit into evidence all relevant
evidence, including incident reports and the affidavits of witnesses,
limit the scope of discovery, and may shorten the time to produce
records or witnesses. The court may find, upon a preponderance of
the evidence, that the animal is potentially dangerous or vicious
and make other orders authorized by this article.
B.
After the hearing conducted pursuant to Subsection A above, the owner or keeper of the animal shall be notified in writing of the determination and orders issued, either personally or by first-class mail postage prepaid by the court. If a determination is made that an animal is potentially dangerous or vicious, the owner or keeper of the animal shall comply with § 75-16 in accordance with a time schedule established by the Animal Control Officer or the local enforcement agency, but in no case no more than 30 days after the date of the determination or 35 days if notice of determination or the owner or keeper of the animal contests the determination, he or she may appeal the decision of the court.
[Added 9-28-2004 by Ord. No. 1192]
A.
If upon investigation it is determined by the Animal
Control Officer or law enforcement officer that probable cause exists
to believe that the animal in question poses an immediate threat to
public safety, then the Animal Control Officer or law enforcement
officer may seize and impound the animal pending the hearings to be
held pursuant to this article. The owner or keeper of the animal shall
be liable to the City for the costs and expenses of keeping and impounding
the animal.
[Added 9-28-2004 by Ord. No. 1192]
A.
The Roseville Police Department Records Division shall
include the "potentially dangerous" designation in the registration
records of the animals either after the owner or keeper of the animal
has agreed to the designation or the court has determined the designation
applies to the animals. An animal designated as "potentially dangerous"
shall have an additional vicious dog license issued at extra cost
to be set forth by the City Council in its schedule of fees.
B.
A potentially dangerous or vicious animal shall be
housed either within the owner's home or, if housed outside, within
a kennel or other structure with proper flooring and a roof or other
permanent cover. If the animal is normally housed within the home,
the owner may permit the animal outside on the owner's property so
long as the animal is restricted to the back or rear yard; the animal
is securely chained or otherwise restricted so that the animal is
at least four feet away from the perimeter of the owner's property;
and the yard is secured to prevent children from trespassing. A potentially
dangerous animal may be off the owner's premises only if restrained
by a leash less than six feet in length, is under the control of a
responsible adult over the age of 18 at all times, and is muzzled.
In no event shall a potentially dangerous animal be left unattended
for any amount of time while off the owner's property, including chaining
or tying up the animal to an object or post, fence, tree, etc. A potentially
dangerous animal shall not be permitted on any City-owned property,
including parks, or on public school property.
C.
If there are no additional instances of the behavior described in § 75-12 within a sixty-month period from the date of designation as a potentially dangerous animal, the animal shall be removed from the list of potentially dangerous animals. The animal may, but is not required to be, removed from the list of potentially dangerous animals prior to the expiration of the sixty-month period if the owner or keeper of the animal demonstrates to the Animal Control Officer that changes in circumstances or measures taken by the owner or keeper of the animal, such as training of the animal, have mitigated the risk to the public safety.
D.
An animal determined to be a vicious animal may be destroyed by the Roseville Police Department when it is found, after proceedings conducted under § 75-14, that the release of the animal would create a significant threat to the public health, safety and welfare.
E.
The owner of an animal determined to be a vicious animal may be prohibited by the City from owning, possessing, controlling, or having custody of any animal for a period of up to three years, when it is found, after proceedings conducted under § 75-14, that ownership or possession of an animal by that person would create a significant threat to the public health, safety and welfare.
[Added 9-28-2004 by Ord. No. 1192]
At any point before the order of the court,
the owner or keeper of the animal may voluntary request that the animal
be destroyed. The request may be made in open court, or by letter
that is properly notarized.
[Amended 7-27-1999 by Ord. No. 1125[1]]
No person shall harbor or keep any dog which,
by loud or frequent or habitual barking, yelping or howling, shall
cause annoyance to the neighborhood or to people passing to and fro
on the streets. No person shall own or harbor a fierce or vicious
dog or a dog that has been known to have been bitten by any animal
afflicted with rabies. It shall be the duty of every person owning
or harboring a dog which has been attacked or bitten by another dog
to immediately notify the Police Department that they have such dog
in their possession.
[Amended 9-28-2004 by Ord. No. 1192]
A.
Any violation of this chapter involving a potentially
dangerous or vicious animal shall be a misdemeanor punished by a fine
not to exceed $500, and/or jail time not to exceed 90 days.
[Amended 12-27-2011 by Ord. No. 1247]
B.
The court may also order the costs associated with
the impounding and caring for the animal to be imposed upon the owner
or keeper of the animal.
C.
The court may also order costs associated with destroying
the animal to be imposed upon the owner or keeper of the animal.
D.
All fines imposed pursuant to this article shall be
paid to the City for the purposes of defraying the cost of implementation
of this chapter.
E.
The court may enter other orders necessary to effectuate
the intent of this article.
[Amended 5-12-1987 by Ord. No. 952]
All dogs found upon the highways, streets, alleys,
sidewalks or outside the home or enclosed portion of the premises
of the owner or custodian or other public places and not adequately
and suitably restrained by leash (licensed or not) as hereinbefore
provided shall be immediately impounded and detained at the Macomb
County Animal Shelter, where a charge will be imposed for their detention.
All dogs not claimed by the owner within seven days after being impounded
shall be destroyed or sold to the highest bidder. Any dog found afflicted
with or having been exposed to rabies or any dog that has attacked
any person shall be kept until such time and under such conditions
as shall be required by the Michigan State Department of Health, and
it shall be the duty of the Police Chief or designee of the City to
notify the Macomb County Health Department, which will notify the
Michigan State Department of Health when it has any such dog in its
possession.
All carcasses will be disposed of by the Macomb
County Animal Shelter.
[Amended 7-22-1986 by Ord. No. 945; 9-28-1993 by Ord. No. 1043; 7-27-1999 by Ord. No. 1125; 7-26-2011 by Ord. No. 1246]
A.
All premises where more than three dogs are habitually kept or harbored
shall be deemed to be a kennel, unless the Animal Control Committee
provides an exception to the limitation on the number of dogs as provided
herein. All premises where any number of dogs are habitually kept
or harbored primarily for the purpose of grooming, boarding or breeding
or similar purposes shall be deemed to be a kennel.
B.
Requests for exceptions.
(1)
Whenever any person does or desires to possess, harbor, shelter,
keep or have custody of more than three dogs on the same premises,
such person or establishment shall first make written application
to the Animal Control Committee in accordance with the procedure set
forth in this chapter. The applicant shall be a resident of the premises
where the additional animal(s) is proposed to be kept. In the event
the location of the property is a leased premises, the owner must
approve of such license in writing. Proof of ownership of the subject
premises may be required. The Animal Control Committee shall consist
of the City Manager, Chief of Police, and Animal Control Officer.
The Animal Control Committee shall have the authority to review the
application and grant the applicant's request after consideration
of the following criteria:
(a)
Whether the animal was one of three or more dogs kept on the
subject premises prior to the effective date of this article;
(b)
The total number of animals required to be licensed by this
article which presently are kept or will be kept on the subject premises;
(c)
Convictions, pending violations and complaints made against
the applicant or any resident of the premises where the animals are
proposed to be kept;
(d)
The reasons for and circumstances surrounding the request; and
(e)
The risk of disturbing the peace and quiet, quality, tranquility,
safety, and welfare of the neighborhood if the request is granted.
(2)
The Animal Control Committee shall have the authority to contact
residents surrounding the subject premises to receive input regarding
the request. The Animal Control Committee shall have the authority
to impose reasonable conditions upon a license for additional dogs
provided such conditions are designed to encourage compliance with
this article, particularly the provisions prohibiting any animals
from constituting a public nuisance.
C.
The granting of any kennel license, other than that which is excepted
above by the Animal Control Committee, shall be done by the Police
Chief, or designee pursuant to the applicable zoning ordinances. A
kennel license may only be issued if permitted within the applicable
zoning district.
D.
The denial of a kennel license by the Animal Control Committee shall be subject to review by the City Council upon appeal being taken to the City Council. An appeal to City Council shall be filed in writing to the City Manager within 30 days of the date of notification from the Animal Control Committee of the denial. Property owners as determined from the records from the office of the City Assessor and occupants of property within 300 feet of the property sought to be licensed shall be provided notice of the date for review by the City Council by mailing such notice at least seven days prior to the hearing date. The City Council shall be vested with the authority to review the application based upon the same criteria as set forth in Subsection B. The City Council shall have the same authority as provided to the Animal Control Committee as set forth above.
[Amended 7-27-1999 by Ord. No. 1125]
The fee paid by any person for a kennel license shall entitle that person to receive, upon presentation of proper vaccination certificates, a license tag for each individual dog within the kennel. Such license tag shall be issued in the same manner as all other dog license tags hereinbefore provided. For each tag so issued, the sum as provided in Chapter 133, Fees, shall be charged against the kennel license fee paid until the amount of the kennel license fee has been used up. After any person has been given credit for the kennel license fee against the tags so issued so that the entire kennel license fee has been used up, he or she shall pay the normal rate per dog as provided in Chapter 133, Fees. No kennel owner or operator shall accept any dog for boarding without first requiring proof of vaccination for such dog from the owner thereof.
[Amended 7-22-1986 by Ord. No. 945; 7-27-1999 by Ord. No.
1125]
In addition to any other penalty herein provided for violation of this article, if the owner of any dog or dogs shall fail to secure any license as required by this article within 30 days from the date such license is required, there shall be imposed an additional charge as provided for in Chapter 133, Fees, for such failure, except in the following cases:
[Added 5-24-1988 by Ord. No. 970]
Yards and exercise runs shall be kept free of
dog droppings and uneaten food and maintained in a sanitary manner
so as not to be a nuisance because of odor or attraction for flies
and vermin.
[Added 5-24-1988 by Ord. No. 970]
No person owning, harboring, keeping or in charge
of any dog shall cause, suffer or allow such dog to soil, defile,
defecate or to commit any nuisance on any public thoroughfare, sidewalk,
passageway, bypass, play area, park or any place where people congregate
or walk or upon any public property whatsoever or upon any private
property without permission of the owner of said property unless:
A.
The person who so owns, harbors, keeps or is in charge
of such dog shall immediately remove all droppings deposited by such
dog by any sanitary method. The person shall possess a container of
sufficient size to collect and remove the above-mentioned droppings
and exhibit the container if requested by any official empowered to
enforce this article.
B.
The droppings removed from the aforementioned areas
shall be disposed of by the person owning, harboring, keeping or in
charge of such dog in a sanitary method on the property of the person
owning, harboring or in charge of said dog.
