City of Roseville, MI
Macomb County
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Table of Contents
Table of Contents
[Adopted 2-28-1984 by Ord. No. 895 as Art. II of Ch. 75 of the 1984 Code]

§ 75-6 License required.

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.

§ 75-7 Application for license; issuance; fee.

[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."

§ 75-8 Dogs allergic to vaccination.

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.

§ 75-9 Issuance of tags; fastening of tags to collar.

[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.

§ 75-10 Vicious animal prohibited.

[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.

§ 75-11 Vicious animal defined.

[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.
[1]
Editor's Note: This ordinance added new §§ 75-11 through 75-17 and renumbered former §§ 75-11 et seq. to follow consecutively.

§ 75-12 Potentially dangerous animal defined.

[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.

§ 75-13 Exclusions.

[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.

§ 75-14 Judicial process.

[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.

§ 75-15 Immediate seizure of vicious or potentially dangerous animals.

[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.
B. 
When an animal has been impounded pursuant to Subsection A above and it is not contrary to public safety, the Animal Control Officer shall permit the animal to be confined at the owner's expense in a department-approved kennel or veterinary facility.

§ 75-16 Disposition of potentially dangerous or vicious animals.

[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.

§ 75-17 Voluntary destruction.

[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.

§ 75-18 Harboring of barking or vicious dogs prohibited; police to be notified of bitten dogs.

[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.
[1]
Editor's Note: Former § 75-11, Harboring of barking or vicious dogs prohibited; police to be notified of bitten dogs, was renumbered § 75-18, 9-28-2004 by Ord. No. 1192.

§ 75-19 Penalties.

[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.

§ 75-20 Impoundment.

[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.

§ 75-21 Disposition of carcasses.

All carcasses will be disposed of by the Macomb County Animal Shelter.

§ 75-22 Kennel licenses; fee.

[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.
E. 
The fee for kennel licenses shall be as provided in Chapter 133, Fees. Such kennel license shall be secured before May 1 of any year and shall expire on April 30 of the following year. The fee shall be doubled for a previously licensed kennel if the license is applied for after June 1.

§ 75-23 Kennel license tags; fee.

[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.

§ 75-24 Failure to secure license; exceptions.

[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:
A. 
No dog shall be required to have a license until it shall have attained the age of four months.
[Amended 3-27-2001 by Ord. No. 1148]
B. 
No dog shall be required to have a license until such dog shall have been harbored or kept in the City for a period of 30 days.

§ 75-25 Yard cleanliness.

[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.

§ 75-26 Sanitation; responsibility of owner.

[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.