Village of Spring Lake, MI Animals

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

ANIMAL

Any living, vertebrate creature, domestic or wild, not including man.

ANIMAL CONTROL OFFICER

Any person designated by the Village to enforce the provisions of this article or any law enforcement officer empowered to enforce municipal ordinances.

AT LARGE

Any animal which is off the premises of the owner, and not under the direct control of the owner or a member of their immediate family or other responsible person, by means of a leash, cord, chain or other such restraint.

DANGEROUS ANIMAL

Any animal which, without provocation, attacks or injures a person who is peaceably conducting themselves in any place where they lawfully may be. Dangerous animals shall also include any animal which, because of its size, vicious propensity or other characteristic, would constitute a danger to human life, property or domestic animals if not restrained or kept in a safe manner.

DOG

Any animal of the family Canidae, of either or no sex and of any age.

KENNEL OPERATOR

Any person who operates an establishment, other than a pound or animal shelter, where dogs and/or cats are maintained for boarding, training, or similar purposes for a fee or compensation; or who sells, exchanges or offers for adoption with or without charge dogs and/or cats which they have produced or raised. A person who owns or harbors three or fewer female animals shall not be considered a kennel operator.

OWNER

Any person who has a right or property interest in an animal, who keeps or harbors an animal, who has an animal in their care, who acts as custodian of an animal, or who knowingly permits any domestic animal to remain on or about any premises occupied by them or under their control.

PERSON

Any person, firm, corporation, partnership, association or other legal entity.

PET SHOP OWNER

Any person who operates an establishment, other than a pound or animal shelter, where animals are sold, offered for sale, exchanged or offered for adoption with or without charge. A person who sells, offers to sell, exchanges or offers for adoption only such animals that they have produced or raised shall not be considered a pet shop operator.

POLICE OFFICER

Any person employed by the Village or by the state or any city, county, or township, and whose duty it is to preserve the peace or to make arrests or to enforce the law.

PUBLIC NUISANCE

Any animal or animals which:

Chases passersby or passing vehicles;

Attacks other animals;

Is at large three or more times within a year's time;

Damages private property; or

Barks, howls, cries or runs at large, so as to disrupt the peace of the neighborhood.

RESTRAINT

An animal shall be deemed under restraint if:

It is under the control of its owner or other responsible person by means of a leash, cord, rope, strap, chain or lead held by such owner or person and securely fastened to the collar or harness attached to the animal; or

It is securely enclosed, confined or restrained on premises where it lawfully may be so as to be unable to enter upon the public way or to molest persons lawfully using the public way.

§ 103-2 Keeping or housing of animals.

The keeping of household pets (including cats, dogs, household fish and household birds) and other animals shall only be permitted within the Village as is authorized by this article.

§ 103-3 Dog licenses.

No owner of any dog shall own, harbor, maintain, possess or permit any dog to remain on such owner's premises within the Village unless the owner shall have complied with the laws of the state providing for the licensing and registration of such dog.

Every owner shall be required to provide any dog owned by him with a collar to which the license tag issued for such dog shall be affixed, and the owner shall be responsible for seeing that the collar and tag are worn by each dog constantly when off the premises of the owner.

§ 103-4 Prohibited acts; running at large; wild and dangerous animals; maintenance.

Prohibited acts. It shall be unlawful for any owner to keep, harbor or have charge of any animal, whether licensed or unlicensed, when any one or more of the following facts exists:

(1)

The animal has an ugly or vicious disposition, shows vicious habits and has molested any person or animal lawfully in or upon any public street or place. For purposes of this section an animal who has bitten or attacked another person shall be refutably presumed to be vicious;

(2)

Such animal has attacked or bitten any person or animal, or has destroyed any property or domestic animal;

(3)

The animal, by destruction of property or trespassing upon the property of others, has become a nuisance in the vicinity where kept;

(4)

Any dog, by loud barking, howling or yelping, has become a nuisance in the vicinity where kept; or

(5)

The animal appears to be suffering from rabies or affected by hydrophobia, mange or other infectious or dangerous disease.

Running at large. No person shall cause or permit any animal kept by that individual to run at large within the Village. Animals which are on any street, alley or sidewalk, or any other public place, without being held securely on a leash, shall be deemed to be running at large. It shall be unlawful to permit any animal to run at large on the property of another without the permission of the owner of that property.

Unwanted animals. No owner may abandon an animal. Unwanted animals shall be offered to responsible persons for adoption or to an animal shelter. If an unwanted animal is not accepted by an animal shelter, the animal shall be humanely dispatched by a licensed veterinarian.

Keeping of wild animals. No person shall keep or permit to be kept on their premises any wild animal as a pet or for display or exhibition purposes unless that person has obtained a permit from the state authorizing such activity. This subsection shall not apply to performing animal exhibitions or circuses. An Animal Control Officer shall have the power to release or order the release of any wild animal capable of surviving in the wild and/or turn such animal over to any agency authorized by the state to house wildlife.

Keeping dangerous animals.

(1)

No person shall permit any dangerous animal to be on any private or public property, other than the owner's property, unless such animal is securely muzzled or caged. Adequate safeguards shall be taken to prevent unauthorized access to a dangerous animal on the owner's premises by persons unlawfully on the premises.

(2)

Whenever an Animal Control Officer determines upon personal observation or investigation that an animal is a dangerous animal as defined in this article, the officer shall notify the owner of the animal in writing of the determination, the reasons for the determination, and the requirements of this section regulating the keeping of dangerous animals.

(3)

Any dangerous animal running at large which constitutes a danger to persons or property and which cannot safely be taken or impounded may be destroyed by an Animal Control Officer, however in all cases where the animal has seized or bitten any person or animal with its teeth or jaws so as to cause a puncture or abrasion of the skin, or where the animal is suspected to be rabid, no injury should be done to the head of the animal and it is the duty of the person slaying such animal to immediately deliver the carcass to an Animal Control Officer or a licensed veterinarian.

Diseased animals. It shall be unlawful for an owner to permit a domestic animal afflicted with a contagious disease to run at large or to be exposed in any public place whereby the health of any other animal or person may be affected.

Order to show cause why animal should not be destroyed. The Animal Control Officer may issue a citation for a violation of this article or a complaint may be filed in the District Court and such District Court shall thereupon issue a summons to the owner of such animal to show cause why the animal should not be killed or otherwise disposed of as ordered by the Court. Upon hearing, the District Court upon finding that one or more of the facts as set forth in this article exists, shall order such animal to be killed or otherwise disposed of as ordered by the Court. All costs incurred for the disposition of the animal shall be paid by the owner. Such action shall be in addition to any penalty imposed pursuant to § 1-2.[1]

[1]

Editor's Note: Original Sec. 14-34(h), Permitting dog to soil public or private property, of the 2000 Code of Ordinances and added 9-17-2001 by Ord. No. 273, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 103-5 Sanitary and health conditions.

All kennel operators, pet show operators, and animal shelters shall:

Maintain sanitary conditions in areas where animals are kept for any period of time;

Provide sufficient and proper ventilation in all areas where animals are kept for any period of time;

Provide adequate nutrition for all animals; and

Take reasonable care to prevent the transmission of disease, including necessary veterinary care.

§ 103-6 Care and treatment of animals.

Humane care. No person shall cruelly treat, beat, torment, overload, overwork or otherwise abuse any animal. No owner of an animal shall fail to provide such animal with sufficient and wholesome food and water, proper shelter, and protection from the weather, veterinary care when necessary to prevent suffering, and humane care and treatment.

Inhumane treatment. No person shall cause any animal to be subject to cruel or inhumane treatment, including, but not limited to:

(1)

The unnecessary separation of a female animal from its offspring before such time as the offspring can survive such separation;

(2)

Painting, dyeing, or otherwise coloring any animal as a novelty or offering such animal for sale, exchange or adoption;

(3)

Promoting, inciting or conducting animal fights or the intentional killing of animals for wagering or entertainment;

(4)

Keeping an animal in any container or other enclosed area without sufficient food, water, light, ventilation and care for an unreasonable length of time so as to cause undue discomfort or suffering;

(5)

The unnecessary killing of any species of animal except rat, mouse or mole; and

(6)

The transporting of any living animal on the running board, fenders, hood or other outside part of any vehicle unless suitable harness, cage or enclosure is provided so as to protect such animal from falling or being thrown therefrom.

§ 103-7 Permitting dog to soil public or private property.

[Amended 3-15-2004 by Ord. No. 279[1]]

It shall be unlawful for any person owning or having charge, care, or control of a dog to allow or permit such dog to soil any public or private property other than that of the owner, keeper, custodian, or person having control of such dog without promptly removing or disposing of, in a sanitary manner, any of its excreta deposited by a dog upon any public or private property. This provision shall not apply, however, to an owner who is blind or visually impaired, if such owner's dog is a trained guide dog.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 103-8 Violations and penalties.

[Amended 3-15-2004 by Ord. No. 279[1]]

Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this article shall be responsible for a municipal civil infraction, subject to § 1-2. Increased civil fines may be imposed for "repeated violations," which means a second or subsequent municipal civil infraction violation committed by a person within any twelve-month period and for which a person admits responsibility or is determined to be responsible. The increased civil fine for repeat violations is set forth in § 1-2.[2]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[2]

Editor's Note: See also Ch. 25, Municipal Civil Infractions.