[HISTORY: Adopted by the Village Council of the Village of
Spring Lake as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Ch. 14, Art. II, of the 2000 Code of Ordinances]
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:
Any living, vertebrate creature, domestic or wild, not including
man.
Any person designated by the Village to enforce the provisions
of this article or any law enforcement officer empowered to enforce
municipal ordinances.
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.
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.
Any animal of the family Canidae, of either or no sex and
of any age.
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.
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.
Any person, firm, corporation, partnership, association or
other legal entity.
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.
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.
Any animal or animals which:
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.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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]
All kennel operators, pet show operators, and animal shelters
shall:
A.
Maintain sanitary conditions in areas where animals are kept for
any period of time;
B.
Provide sufficient and proper ventilation in all areas where animals
are kept for any period of time;
C.
Provide adequate nutrition for all animals; and
D.
Take reasonable care to prevent the transmission of disease, including
necessary veterinary care.
A.
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.
B.
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.
[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.
[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]