[Code 1975, § 6-19; Code 1992, § 5-4]
The City Manager shall appoint an Animal Control Officer to
serve as a special police officer, with full power to enforce this
chapter, except as otherwise provided.
[Code 1975, § 6-1; Code 1992, § 5-1]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Allowing animals to habitually remain or be lodged or fed
upon a person's premises.
[Code 1975, § 6-2; Code 1992, § 5-2; 12-16-2013 by Ord. No. 1365]
It shall be unlawful for any person owning, possessing or harboring
any animal to keep such animal within 200 feet of any dwelling, except
his or her own dwelling, or to suffer or permit any animal owned by
him or her or in his or her possession or control to run at large
in any street or public place. This section shall not apply to such
animals as are commonly kept or housed as household pet, or an American
alligator (Alligator mississippiensis) located within a CBD (Central
Business District) Zone, is limited to one alligator per property,
housed only in the portion of the building used for commercial purposes,
confined in an enclosed habitat that prevents direct interaction with
the public and is in accordance with all applicable federal and state
laws.
[Code 1975, § 6-3; Code 1992, § 5-3]
Every person lawfully keeping or housing any animal shall care
for and maintain the structure used for the keeping or harboring thereof
and shall manage and control such animal so as to prevent:
[Code 1975, § 6-4; Code 1992, § 5-5]
(a)
It shall be the duty of any police officer to investigate complaints made under § 8-4 and to determine whether or not such complaints are founded upon fact and whether or not a violation of such section exists. The investigating officer or any person may make complaint to a Judge of the District Court that any one of the following conditions exists:
(1)
Any person has failed to comply with § 8-4 in that he or she has allowed a malodorous or offensive condition to exist with respect to the structure in which he or she keeps or harbors any animal.
(b)
Upon receipt of a complaint under this section, the Judge may issue
a summons, returnable in not less than two days nor more than six
days; provided, however, service shall be made upon the respondent
not later than two days before the return day thereof. The summons
shall direct the person keeping or harboring such animal to show cause
why an order should not be entered abating the nuisance. If upon such
hearing it shall be determined by the District Court that a nuisance,
in fact, exists, the Court shall make an order for the abatement of
such nuisance, and it shall be unlawful for any person to violate
such order.
(c)
Officers, employees and other individuals employed by and in the
service of the City who are authorized by state law and this Code
to enforce the sections of this Code, including but not limited to
the Zoning and Code Enforcement Officers, Building Inspectors, Fire
Chief, Deputy Fire Chief, Fire Lieutenant, Fire Marshal, Fire Inspector,
Fire Technician Specialist and their assistants, are hereby specifically
authorized, in accordance with state law, including MCL 764.9c, to
issue and serve upon a person an appearance ticket. This authorization
is contingent upon the authorizing person having reasonable cause
to believe that the person has committed a violation of this Code
or state law. This authorization is not granted where the issuance
of such an appearance ticket is expressly prohibited by this Code
or applicable state law.
[Code 1975, § 6-5; Code 1992, § 5-6]
(a)
ADEQUATE CARE
ANIMAL
ANIMAL CONTROL SHELTER
ANIMAL PROTECTION SHELTER
LICENSED VETERINARIAN
LIVESTOCK
NEGLECT
SANITARY CONDITIONS
SHELTER
(1)
(2)
(3)
STATE OF GOOD HEALTH
TETHERING
WATER
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
The provision of sufficient food, water, shelter, sanitary
conditions, exercise, and veterinary medical attention in order to
maintain an animal in a state of good health.
One or more vertebrates, other than a human being.
A facility to impound and care for animals found in streets
or otherwise at large contrary to any ordinance of the City or state
law.
A facility operated by a person, Humane Society, Society
for the Prevention of Cruelty to Animals, or any other nonprofit organization
for the care of homeless animals.
A person licensed to practice veterinary medicine under Article
15 of the Public Health Code, Public Act No. 368 of 1978 (MCL 333.16101
through 333.18838).
That term as defined in the Animal Industry Act of 1987,
Public Act No. 466 of 1988 (MCL 287.701 through 287.747).
To fail to sufficiently and properly care for an animal to
the extent that the animal's health is jeopardized.
Space free from health hazards, including excessive animal
waste, overcrowding of animals, or other conditions that endanger
the animal's health. This definition does not include a condition
resulting from a customary and reasonable practice pursuant to farming
or animal husbandry.
Adequate protection from the elements and weather conditions
suitable for the age, species, and physical condition of the animal
so as to maintain the animal in a state of good health. Shelter, for
livestock, includes structures or natural features such as trees or
topography. Shelter for a dog shall include one or more of the following:
The residence of the dog's owner or other individual.
A doghouse that is an enclosed structure with a roof and of
appropriate dimensions for the breed and size of the dog. The doghouse
shall have dry bedding when the outdoor temperature is or is predicted
to drop below freezing.
A structure, including but not limited to a garage, barn, or shed, that is sufficiently insulated and ventilated to protect the dog from exposure to extreme temperatures or, if not sufficiently insulated and ventilated, contains a doghouse as provided under Subsection (2) of this definition that is accessible to the dog.
Freedom from disease and illness, and in a condition of proper
body weight and temperature for the age and species of the animal,
unless the animal is undergoing appropriate treatment.
The restraint and confinement of a dog by use of a chain,
rope, or similar device.
Potable water that is suitable for the age and species of
animal, made regularly available unless otherwise directed by a veterinarian
licensed to practice veterinary medicine.
(b)
An owner, possessor, or person having the charge or custody of an
animal shall not do any of the following:
(1)
Fail to provide an animal with adequate care.
(2)
Cruelly drive, work, or beat an animal or cause an animal to be cruelly
driven, worked, or beaten.
(3)
Carry or cause to be carried in or upon a vehicle or otherwise any
live animal having the feet or legs tied together, other than an animal
being transported for medical care, or a horse whose feet are hobbled
to protect the horse during transport or in any other cruel and inhumane
manner.
(4)
Carry or cause to be carried a live animal in or upon a vehicle or
otherwise without providing a secure space, rack, car, crate, or cage,
in which livestock may stand, and in which all other animals may stand,
turn around, and lie down during transportation, or while awaiting
slaughter. As used in this subsection, for purposes of transportation
of sled dogs, the term "stand" means sufficient vertical distance
to allow the animal to stand without its shoulders touching the top
of the crate or transportation vehicle.
(5)
Abandon an animal or cause an animal to be abandoned, in any place,
without making provisions for the animal's adequate care, unless
premises are temporarily vacated for the protection of human life
during a disaster. An animal that is lost by an owner or custodian
while traveling, walking, hiking or hunting shall not be regarded
as abandoned under this section when the owner or custodian has made
a reasonable effort to locate the animal.
(6)
Willfully or negligently allow any animal, including one that is
aged, diseased, maimed, hopelessly sick, disabled, or nonambulatory,
to suffer unnecessary neglect, torture, or pain.
(7)
Tether a dog unless the tether is at least three times the length
of the dog as measured from the tip of its nose to the base of its
tail and is attached to a harness or nonchoke collar designed for
tethering.
(c)
This section does not prohibit the lawful killing or other use of
an animal, including but not limited to the following:
(1)
Fishing.
(2)
Hunting, trapping, or wildlife control regulated pursuant to the
Natural Resources and Environmental Protection Act, Public Act No.
451 of 1994 (MCL 324.101 through 324.90106).
(3)
Horseracing.
(4)
The operation of a zoological park or aquarium.
(5)
Pest or rodent control.
(6)
Farming or a generally accepted animal husbandry or farming practice
involving livestock.
(7)
Activities authorized pursuant to rules promulgated under Section
9 of the Executive Organization Act of 1965, Public Act No. 380 of
1965 (MCL 16.109).
(8)
Scientific research pursuant to Public Act No. 224 of 1969 (MCL 287.381
through 287.395).
(9)
Scientific research pursuant to Sections 2226, 2671, 2676, and 7333
of the Public Health Code, Public Act No. 368 of 1978 (MCL 333.2226,
333.2671, 333.2676, 333.7333).
[Code 1975, § 6-25; Code 1992, § 5-41]
(a)
UNCONFINED
VICIOUS DOG OR OTHER ANIMAL
(1)
(2)
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
A vicious dog or other animal is unconfined if such vicious
dog or other animal is not securely confined indoors or confined in
a securely enclosed and locked pen or structure upon the premises
of the person described in Subsection (b) of this section. Such pen
or structure must have secure sides and a secure top. If the pen or
structure has no bottom secured to the sides, the sides must be embedded
in the ground no less than one foot.
Any dog or other animal with a propensity, tendency or disposition
to attack, to cause injury or to otherwise endanger the safety of
human beings or other domestic animals; or
Any dog or other animal which attacks a human being or another
domestic animal one or more times without provocation.
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A dangerous dog or other animal does not include any of the
following: (i) an animal that bites or attacks a person who is knowingly
trespassing on the property of the animal's owner; (ii) an animal
that bites or attacks a person who provokes or torments the animal;
(iii) an animal that is responding in a manner that an ordinary and
reasonable person would conclude was designed to protect a person
if that person is engaged in a lawful activity or is the subject of
an assault.
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(b)
No person owning or harboring or having the care of a vicious dog
or other animal shall suffer or permit such dog or other animal to
go unconfined on the premises of such person.
(c)
No person owning or harboring or having the care of a vicious dog
or other animal shall suffer or permit such dog or other animal to
go beyond the premises of such person, unless such dog or other animal
is securely leashed and muzzled or otherwise securely restrained and
muzzled.
(d)
Notwithstanding any other section of this chapter, if a violation of this section occurs, the Animal Control Officer or a police officer may issue an appearance ticket, citation or summons to the person owning or harboring or having the care of a vicious dog or other animal and suffering or permitting such dog or other animal to go unconfined on the premises of such person. The penalty shall be punishment as prescribed in § 1-16. Each act of violation and every day upon which such violation shall occur shall constitute a separate offense.
[Code 1975, § 6-6; Code 1992, § 5-7]
No person shall throw or deposit any poisonous substance on
any exposed public or private place where it endangers or is likely
to endanger any animal.
[Code 1975, § 6-7; Code 1992, § 5-8]
No person, except a police officer or the Animal Control Officer
acting in his or her official capacity, shall molest, injure, kill
or capture any wild bird or molest or disturb any wild bird's
nest or the contents thereof.
