[HISTORY: Adopted by the Township Board of the Charter Township of Midland as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-12-1989 by Ord. No. 51]
This article shall be known and cited as the "Midland Township Dog Ordinance."
[Added 3-12-1997 by Ord. No. 82]
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:
- DOG KENNEL
- Any establishment, lot or parcel of property upon which three
or more dogs are kept for the purposes of breeding, boarding, sale,
training, show or sporting purposes, with or without remuneration.
All persons owning, possessing, harboring or keeping on their premises
three or more dogs which are six months of age or older shall be presumed
to have established and maintained a dog kennel.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Animal Control Deputy of the County of Midland is hereby designated as Animal Control Deputy for the Township. Such Deputy shall not be considered an employee of the Township and shall receive no salary or benefits from the Township.
It shall be unlawful for any person to permit or allow any dog, whether licensed or unlicensed, to run at large or stray beyond the premises of such owner unless under reasonable control of some person.
No person shall harbor or keep any dog which by loud or frequent or habitual barking, yelping or howling shall cause a serious annoyance to the neighborhood or to the people passing to and fro upon the streets.
No person shall harbor or keep any dog which shall create an unpleasant odor in the neighborhood.
All acts or conditions prohibited by this article are hereby declared to be nuisances, with the exception of the licensing and impoundment provisions of this article.
It shall be unlawful for a person to keep, possess, harbor or have the care or charge of any dog age four months or over within the Township unless such dog shall wear a collar to which is attached the license tag provided for by the state law.
It shall be the duty of any person harboring or owning a dog which has been attacked or bitten by another dog or other animal showing the symptoms of rabies to immediately notify the Animal Control Deputy or Health Department that he has such a dog in his possession. Whenever a dog is brought to the pound for having bitten a person, the Animal Control Deputy may, if deemed necessary and advisable and after holding such dog for sufficient length of time to meet the requirements of the Health Department for investigation, cause such a dog to be destroyed as a vicious dog.
The Animal Control Deputy shall keep a record of the breed, sex, age, color and markings of every dog impounded, together with the date and hour of such impounding.
Every person in possession of any dog who shall allow such dog to remain about his premises for a period of five days shall be deemed the owner thereof.
It shall be the duty of the Animal Control Deputy, as soon as any dog may be received by him under the provisions of this article, to serve notice, in writing, upon the owner or owners of such dog, if such owner or owners be known. It shall be the duty of the Animal Control Deputy to reasonably ascertain who the owner or owners of any impounded dog is.
All dogs placed under the custody of the Animal Control Deputy shall be kept by the Animal Control Deputy for at least five days, and if the owner or owners cannot then be ascertained, the dog shall be disposed of in the following manner:
If the dog is diseased in the opinion of the Animal Control Deputy and is not being held under the provisions of § 65-8, it shall be immediately disposed of by killing in a humane manner.
If the dog appears to be a mixed breed, it may be held for sale for a period of five days and, if not sold, then be killed in a humane manner.
If the dog appears to be a thoroughbred dog, it may be held for a period of one month and, if not sold within one month, it shall be killed in a humane manner.
Owners of all dogs impounded under the provisions of this article may claim such dogs by properly identifying themselves as the owner of such animal and by paying the fees for boarding and impounding which have been duly established; in all cases, a proper license shall be produced for such dog in the event that such dog is not already properly licensed.
It shall be unlawful for any person to claim or attempt to claim any dog under the provisions of this article when such person is not the legitimate owner of such dog.
The Animal Control Deputy, when delivering a dog which has been impounded to the owner or to a purchaser, shall make out a triplicate receipt describing the dog, stating the hour and date of its delivery and stating whether the receipt is for the sale of a dog or for the keep of a dog. The Animal Control Deputy shall keep one receipt, give one to the owner or purchaser, and return one copy and the funds collected to the County Treasurer.
Fees for the sale of dogs taken up by the Animal Control Deputy shall be determined by the Animal Control Deputy and shall be in addition to any impounding fee and any per-day fee.
The Animal Control Deputy shall, upon notice, have the duty of immediately picking up any dead dog that may be found lying or abandoned upon any street or elsewhere within the Township, and removing such dead dog to the dog pound.
[Added 3-12-1997 by Ord. No. 82]
No person shall establish a dog kennel in Midland Township without first obtaining a kennel license from the Midland County Animal Control Department. No person shall maintain a dog kennel in Midland Township without possessing a valid and current kennel license issued by the Midland County Animal Control Department. Upon presentation of dog kennel license applications to the Township official charged with their review, he/she shall review same for compliance with this article and other applicable Midland Township ordinances and regulations. No dog kennel license application shall be approved by Midland Township which would violate this or any other ordinance of Midland Township.
[Amended 3-12-1997 by Ord. No. 82]
Any person or other entity who violates any provision of this article is responsible for a municipal civil infraction as defined by Michigan law and subject to a civil fine of not more than $500, plus costs, which may include all direct or indirect expenses to which the Township has been put in connection with the violation, as permitted by law. In addition, all violations of this article are declared a nuisance per se. The Township specifically reserves the right and shall have the authority to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to abate said nuisance and to compel compliance with this article.