[Adopted 8-17-2015 by Ord. No. 149[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
In General, adopted 11-14-1975 by Ord. No. 56, as amended.
As used in this article, the following terms shall have the
meanings indicated:
A person who has charge of the domestic animal.
An animal that has traditionally, through a long association
with humans, lived in a state of dependence upon humans or under the
dominion and control of humans and has been kept as a household pet,
including but not limited to dogs, cats, hamsters, gerbils, ferrets,
mice, rabbits, cockatiels, cockatoos, canaries, finches, parakeets,
parrots, and tropical fish.
Any person who harbors or keeps a domestic animal; has a
right or property interest in any domestic animal; or any person who
shall permit any domestic animal to remain about any premises owned
or occupied by him or her for a period of five days shall be deemed
to be the owner of such domestic animal for the purpose of this article.
It shall be unlawful for any person to own, maintain, keep or
harbor any dog within the corporate limits of the Township without
first obtaining a license from Macomb County, as required by Public
Act 339 of 1919, MCLA § 287.266 et seq., as amended.
It shall be unlawful for any person to own, harbor or keep any
domestic animal which shall cause annoyance or disturbance to persons
by frequent or habitual barking, howling, yelping or habitual crying.
(a)
All domestic animals shall be kept under restraint. It shall be unlawful
for any person to cause or permit any domestic animal owned, kept,
possessed or harbored by such person, under his or her control, to
run at large or unattended upon the public streets, walks, alleys,
parks, public places with the Township, or upon the premises of another,
without express permission of the owner or occupant of the private
premises.
(b)
It shall be unlawful for any person to permit or cause to permit
a domestic animal to leave, stray, roam or wander beyond the boundaries
of the premises owned or occupied by its owner, unless that animal
is under leash or other means of direct control by its owner or his
agent.
It shall be unlawful for any person owning or possessing a domestic
animal to permit a domestic animal to go upon private lands or premises
without the permission of the owner of such premises and break, bruise,
tear up, crush or injure any lawn, flower bed, plant shrub, tree or
garden in any manner whatsoever.
It shall be unlawful for any person to permit any domestic animal
owned or harbored by him/her to deposit fecal matter in any place
other than the premises where the animal is harbored or kept, unless
that fecal matter is immediately collected, removed and properly disposed
of.
(a)
It shall be unlawful for any person owning, keeping, harboring, or
having charge of any domestic animal to confine, keep, or harbor such
animal in a structure, pen, coop or yard, or otherwise, so as to create
an unsanitary, unwholesome, malodorous, or obnoxious condition. Any
structure, pen, or coop maintained for the purpose of confining, keeping,
or harboring any domestic animal shall not be constructed nor maintained
so as to be nearer than 15 feet to any property line.
(b)
All pens, yards or runs or other structures wherein any animal is
kept shall be of such construction so as to be easily cleaned and
kept in good repair.
(c)
Fences which are intended as enclosures for any animal shall be securely
constructed, shall be adequate for the purpose, kept in good repair
and shall not become unsightly.
No person shall own or harbor a vicious or dangerous dog, or
an animal which has bitten any person, or an animal that has been
bitten by an animal known to have been affected by rabies.
It shall be unlawful for any person or persons to keep more than three dogs or three cats at any one time on a parcel of property, with the exception that a litter of pups or kittens, or a portion of that litter, may be kept for a period of time not exceeding five months from birth, and with the exception of the provisions set forth in Section 10-10 regarding kennels.
(a)
It shall be unlawful for any person in charge of an animal to fail,
refuse or neglect to provide such animal with food, potable water,
shade or shelter, or to cruelly or unnecessarily expose any such animal
in hot, stormy, cold or inclement weather, or to carry such animal
in or upon any vehicle in a cruel or inhumane manner.
(b)
"Shade" shall mean protection from the direct rays of the sun during
the months of June through September. "Shelter", as it applies to
domestic animals, shall mean a moisture-proof structure of suitable
size to accommodate the domestic animal and allow retention of body
heat, made of durable material with a solid floor raised at least
two inches from the ground and with the entrance covered by a flexible,
wind-proof material. Such structure shall be provided with a sufficient
quantity of suitable bedding to provide insulation and protection
against cold and dampness.
(a)
It shall be unlawful for any person to willfully or maliciously inflict
unnecessary or needless cruelty, torture, abuse, or cruelly beat,
strike or abuse any animal, or by any act, omission or neglect, cause
or inflict any unnecessary or unjustifiable pain, suffering or injury
or death to any animal, whether such animal belongs to such person
or to another, except that reasonable force may be employed to drive
away vicious or trespassing animals.
(b)
Any unwanted animals shall be delivered to the Humane Society for
proper disposal or care.
Any person who violates the provisions of this article shall,
upon conviction thereof, be guilty of a misdemeanor and subject to
a penalty not to exceed $500 or imprisonment in the county jail for
a period not to exceed 90 days, or both such fine and imprisonment.
(a)
The Township Board hereby authorizes the Township Code Enforcement
Officer or his designee, the Chesterfield Township Police Department
officers and their agents/assignees, and the Macomb County Animal
Control officers and their agents/assignees to enforce or assist in
the enforcement of this article and to issue citations under this
article.
(b)
The Township may also sue in any court of competent jurisdiction
for civil relief, including damages or injunctive relief, and may
recover its fees, costs and expenses incurred from any person, partnership,
firm, association or corporation who violates the Animal Control Ordinance.
