Thursday, November 23, 2006

38) Contravenes State Law - Kennel Ordinance

STATE OF MICHIGAN DOG LAW OF 1919
Act 339 of 1919 (EXCERPS)


287.270 “Kennel” defined; kennel license; fee; tags; certificate; rules; inspection; exception.Sec. 10.

Any person who keeps or operates a kennel may, in lieu of individual license required under this act, apply to the county treasurer for a kennel license entitling him to keep or operate a kennel.

Proof of vaccination of dogs against rabies shall not be required with the application.

State law as it compares to:

SHIAWASSEE COUNTY ANIMAL CONTROL ORDINANCE

ARTICLE IV
LICENSING AND VACCINATION

Section 3. No dog shall be exempt from the rabies vaccination requirements as herein set forth.

This does seem to contravene state law, as the county requires proof of vaccination before issueing a kennel license.

Section 7. Any person who own, keeps or operates a kennel may, In lieu of individual licenses required under this ordinance and under the laws of the State of Michigan, apply to the Treasurer for a kennel license entitling him/her to own, keep or operate such kennel in accordance with the applicable laws and the fee for same shall be in accordance with the laws of the state or as established by the rules and regulations of licensing fees by the Board of Commissioners.

That seems to agree with state law.


Section 8. Any person owning a kennel shall obtain a kennel license upon commencement of kennel operations from the County Treasurer.

What the hell is that?

That does contravene state law and it even contradicts itself!

Wednesday, November 22, 2006

37) Animal License Fees 2006 from another Michigan County

Animal License Fees 2006 from another Michigan County
______________ALTERED...(Late)...UNALTERED (Late)
DOG/CAT________$6.00..($26.00)...$18.00.......($38.00)
3-YR DOG/CAT___$15.00..($35.00)...$45.00.......($65.00)

cool...............

and this county even has a halfway decent Animal Control program.

This County's 2007 proposed Animal Control Budget is $339,045
Net Cost to General Fund after Revenues taken into account

That means they will contribute that much from their general fund over and above what they receive for licenses.
They don't even come close to covering the entire cost with illegally outrageous dog license fees.
The Shiawassee County Budget for 2007 has been approved and has been posted here
The Animal Control Dept doesn't project a huge 'appearing' profit for this year, but keep in mind
1. The dog license fees are more than the entire animal control budget
2. They take in as many cats as they take in dogs
3. The animal control dept is responsible for enforcing ALL animal laws of the state and county
4. State law and county ordinance states "the dog license fee may be set at a rate sufficient to cover the cost of administering the Dog Law of 1919/Shiawassee Animal Control Ordinance, AS IT PERTAINS TO DOGS. No where does it say they may set it at a rate sufficient to cover all animal related enforcement plus have a nice little bit left over
5. As they raised the dog license fee ( to maybe the highest in the state, I've found none higher or even equal) they also reduced the animal control budget
6. Dog license fees go into the General Fund and exceed the Animal Control Budget providing a nice profit for our outlaw county government.
7. Shiawassee County contributes NOTHING to the Animal Control Budget over and above the dog license fees, as does this other county.

Sunday, November 19, 2006

36) SAME/DIFFERENT-Kennel Definition

SAME/DIFFERENT-Kennel Definition

Is Paragraph 1 the same as Paragraph 2?

Paragrah 1. Michigan Dog Law of 1919

A kennel shall be construed as an establishment wherein or whereon 3 or more dogs are confined and kept for sale, boarding, breeding or training purposes, for remuneration

Paragraph 2. Shiawassee County Animal Control Ordinance amendment

A kennel shall be construed as an establishment wherein or whereon five (5) or more dogs are confined and kept for sale, boarding, breeding or training purposes.

********************************************************

Pararaph 1 is an excerpt from the Dog Law of 1919. there is no "." (period) to end the sentence. There is more to it. Actually, quite a bit more.

Paragraph 2 is the new Shiawassee County Animal Control Ordinance kennel definition. There is a period at the end of the sentence and that is where the definition ends. I think it falls way short of being the same as the dog law of 1919 (Michigan State law).

State law says 3 (three) dogs..county says 5

State law says "for remuneration" and that does put a whole different spin on the issue, plus it says a whole lot more.

It is interesting to note that the county's definition of a kennel was changed to make veterinarians exempt from kennel licenses, as their original ordinance required.

The county board of commissioners chose to change the ordinance after one veterinarian threw a hissy fit over it.

Oh yes...that would be the veterinarian that donates veterinary care for the sheriff's dogs. (and yes the sheriff did have something to do with recommending the ordinance be changed http://shiacac.blogspot.com/2006/06/7conversation-with-sheriff-jon-wilson.html and even more so at http://shiacac.blogspot.com/2006/06/9they-decided.html).

35) MCL 287.270b Kennel licensing ordinance.

MCL 287.270b Kennel licensing ordinance.
Sec. 10b.


Any city, township or village having in its employment a full-time animal control officer may adopt an ordinance providing for the issuance of kennel licenses by the animal control officer on the same terms, conditions and fees as is provided in section 10. Upon the adoption of the ordinance the city, township or village shall be excepted from the provisions of sections 10 and 11 of this act.

History: Add. 1966, Act 132, Eff. Mar. 10, 1967 ;-- Am. 1972, Act 349, Imd. Eff. Jan. 9, 1973
.............................
Doesn't say a county can do that.
REPORT OF THE ATTORNEY GENERAL 25
DOG LAW ___ KENNELS, LICENSING OF. REGULATIONS AS TO
—Regulations of the director of agriculture with regard to dog kennels and the inspection thereof are in effect in those counties which do not have a county dog warden.
In other counties the board of supervisors may adopt the provisions authorizing the promulgation thereof, in which case such regulations would be in effect.
The board of supervisors has no authority however to promulgate regulations in regard thereto.
No. 1897 January 24, 1955
(short version See the complete Opinion at 25)

34) Powers of county board of commissioners. [M.S.A. 5.331 ]

46.11 Powers of county board of commissioners. [M.S.A. 5.331 ]
Sec. 11. A county board of commissioners, at a lawfully held meeting may do 1 or more of the following:

j) By majority vote of the members of the county board of commissioners elected and serving,
pass ordinances that relate to county affairs and

do not contravene the general laws of this state

(MCL 46.11(j)...very specifically, very clearly states you cannot pass an ordinance that 'disagree' with a state law.


Well,,,,,,,,,,,,it says they can't........but they did. That makes them outlaws!

"Them" would be our county board of commissioners.

Saturday, November 04, 2006

33) Open season on Cats

I received this from a friend:

My neighbor is trapping cats . I don't know what he does with them .His wife says he takes them to the humane society,I don't believe her. Can he do that. I know of about 10 that have disappeared now one of my pets seems to be missing.

And I responded with:


Unfortunately for cat lovers.....there are no laws that prevent trapping, hunting, killing cats, unless it could come under the "cruelty to animals" laws. Highly unlikely, difficult to prove, almost impossible to prosecute.

Only people with a lot of animals get prosecuted for "cruelty" to animals. That makes a big splash in the news, gets all kinds of people fired up, generates bunches of donations to humane societies to prevent such cruelty. (ha!)

I seriously doubt he is taking them to the humane society. They charge a fee of some kind to accept an animal.

The best deterrant for such activities is for people in the neighborhood to let it be known to that person that they know who is doing it. These sneaky, conniving, cowardly bastards generally can't take the heat of knowing that other people know just exactly what sneaky, conniving, cowardly bastards they really are.

One way to do that (diplomatically) is to take pictures of your cats and give the photos to the guy, tell him if he catches one of your cats you would appreciate it if you could recover it before he "takes it to the humane society" (funny how that sounds so much like takes it out in the bushes and shoots it).

On the other hand....we used to be a dairy farm a little over a mile down the road from the humane society. We called it the humane society annex. People would take animals and find them not open or the fee too much and then they would drive by and dump them here. Cows been gone a few years now and a couple rounds of cat respiratory infection and the cat population has thinned down a lot. Those cats carried all manner of parasites...........

Don't know where you live, but there are a couple "Chinese houses" in Owosso that have greatly reduced the pet population in their neighborhoods. (They eat them.)

Then my friend requested that I post this information on my blog and on the SRCC Open Forum. So, here it is with a little addition:

I will add this sort of thing is a good argument for licensing cats. It is against the law to shoot a dog wearing a license, could be the same for cats.

Friday, October 27, 2006

32) This little dog

THE WEDNESDAY INDEPENDENT, OCTOBER 25, 2006 PAGE 7





THIS LITTLE dog, rescued by the Shiawassee Humane Society's volunteers last summer after being found abandoned and injured, received care and behavior training and was auctioned during Friday's Wild & Wonderful auction to benefit the Shiawassee United Way.


The little dog was shown here by Pam Early (left) a volunteer with the SUW, and Jenifer Evanson (right), the dog's trainer who is at the Humane Society's Shelter one day a week and has her own business, K9 Pal.


(Independent Photo/BILL CONSTINE)
____________________________________________
Shiawassee Humane Society
2752 W. Bennington Rd.
OWOSSO, MI 48867
Phone: 989-723-4262 shspets@michonline.net
----------------------------------------------------
Do let them know what you think of this bright idea.
They have just lifted a quarantine on cats.
They had respiratory infections and treated something like 40 cats.

Tuesday, September 19, 2006

31) Families' animals too often targets of neighbors' wrath

Families' animals too often targets of neighbors' wrath.

Pets in Peril.

GENESEE COUNTY.

THE FLINT JOURNAL FIRST EDITION.

Tuesday, September 19, 2006.

By Joe Lawlor.

jlawlor@flintjournal.com • 810.766.6312.

Breezy wasn't acting normally.Usually shredding trash bags and pulling her owners' socks off with her teeth, the 9-month-old puppy lost her playfulness one day last month..

"She was a little sluggish that night. She kind of just snuggled up to me and wanted to be by me all day," said owner Carri Kincaid of Burton..

Breezy then started vomiting and died at the veterinarian's two days later..

The cause: A chicken leg laced with rat poison..

The Kincaids say they don't have rat poison, hadn't eaten chicken for weeks, and Breezy - a 5-pound miniature Doberman pinscher - never wandered out of their fenced-in backyard..

They say someone must have tossed the poisoned meat into their yard, maybe as a cruel joke..

If the Kincaids had harmed their own dog, charges could be brought. If the poisoning had injured a person, there could be a criminal investigation. But in their case and many others in the area involving pets hurt or killed by an outsider's malice, justice never gets done..

"I hear stories like that all the time," said kennel attendant Clarinda Lehmquhle of Genesee County Animal Control. "I tell them that, unfortunately, there's nothing we can do.".

Edith Campbell of Flint, a Last Chance Rescue volunteer, said it's often a neighbor dispute that has gotten out of control. She said angry neighbors may not be willing to harm a person, but they'll get their revenge through harming a pet..

"I've had people call me and say, 'Will you take my pet, because I'm afraid something is going to happen to my pet,'" Campbell said..

Jody Maddock of Adopt-a-Pet in Fenton said she tells dog owners not to leave their dogs unattended, even in fenced-in backyards..

And Burton Police Chief Bruce Whitman said cases of animal cruelty not caused by a pet's owner are hard to crack..

"There's all kinds of burden-of-proof issues with these kinds of cases," Whitman said. "But still, we shouldn't be turning people down.".

A few neighbor-against-neighbor pet abuse cases have wound their way through the courts recently, including:.

· A Fenton Township man who shot a dog and stashed its body in a 55-gallon container..

· A Mundy Township man who shot two dogs that were wandering the neighborhood..

· An Argentine Township man who shot three neighborhood dogs..

Teresa Steffey of Argentine Township said her neighbor shot her dog, Shelby, a German Shepherd mix, when Shelby strayed into his yard. She said the man had previously been friendly to Shelby and had told her he didn't mind if she occasionally ended up in his yard..

"Our kids grew up with Shelby. She went on vacation with us and slept in the kids' bedrooms. She was a part of the family. She wasn't a dog we just tied up in the backyard," said Steffey, who has four children. "To find out it was somebody we knew and trusted was very difficult. It was an act of violence.".

Steffey said Shelby was overweight, 11 years old and not aggressive. She said she escaped from the house only two or three times a year..

Scott D. Sutherland, 40, admitted to shooting Shelby and two other neighborhood dogs. He was recently sentenced to 6 months in jail..

Carri Kincaid said that when Breezy died, they called police but were told there was not enough evidence to pursue the case..

"Every time I think about it, I get angry," said Michael Kincaid. "What if it had been our son (Bradley, 4) who had eaten that?".

Bradley found a rock to use as a "headstone" to bury Breezy in the backyard. The family's other dog, Tia, 7, sleeps on Breezy's grave..

Whitman said neighbors who harm pets generally get irritated with the pets, such as a barking dog or a cat who destroys flowers. Instead of calling police or talking to their neighbor, they get rid of the pet..

But the Kincaids say their tiny dog couldn't possibly have bothered anyone..

"She could bark as loud as she could, and if you were on the other side of the window, you wouldn't hear her," Carri Kincaid said..

The Kincaids said they feel violated and powerless..

"It feels like nobody cares about it," she said. "It's very frustrating.".

***.


QUICK TAKE.

What to do The American Society for the Prevention of Cruelty to Animals says if you suspect your pet has been hurt or killed by someone, call your local police department and be prepared with the following information:.

· A written account of what you observed, including dates and times. If possible, provide photographs and date the pictures..

· Document everything, including when you contacted police and who you talked to. If you suspect your pet has been poisoned, call your local veterinarian or the ASPCA Poison Control Hotline at (888) 426-4435. The ASPCA recommends to have the following items handy:.

· Bottle of hydrogen peroxide (to induce vomiting).
· Turkey baster or bulb syringe.
· Saline eye solution · Artificial tear gel.
· Mild dishwashing liquid.
· Forceps.
· Muzzle.
· Can of favorite wet food.
· Pet carrier.

Source: ASPCA ***


KAYLOR SAYS: It isn't just a matter of wrath over the antics of the animal.........anyone with a grudge against anyone can do this, or if they really want to get to the people they can (and do) report them for animal cruelty.


That sparkes an 'investigation' by sometimes overzealous animal control officers, who feel perfectly justified "investigating" a complaint on 'animal cruelty'.

Sunday, August 27, 2006

30) REFUND ILLEGAL FEES

FROM SRCC Open Forum .
At Shiawassee it is Sunday, August 27, 2006 - 19:53:23 EDT .

Refund other fees collected illegally .

kaylor -- Thursday, 24 August 2006, at 6:57 p.m. .

In 2004 the county commissioners were made aware that they were illegally overcharging for kennel license fees. .

Maybe the whole board needs to be thrown in jail. .

State law allows for a kennel license fee of $10 or $25. The county, as approved by the board of commissioners, was charging $30 and $60 for who knows how many years. .

They lowered it to the legal amounts in 2005, but they have made no effort to refund the illegal overcharge. .

Actually, they added an "annual inspection" fee to make up the "lost revenue". I'm not so sure that is legal, either. .

So, how come the ex-drain commissioner gets charged with "embezzlement" and the county refunds these fees charged by the current drain commissioner, but nobody gets charged with anything nor do they refund the illegal overcharge on kennel fees? .

Re: Refund other fees collected illegally .
cpdc
-- Thursday, 24 August 2006, at 7:04 p.m. .

We need an term limits, salary caps, and an Inspector General. .

Re: Refund other fees collected illegally .
kaylor
-- Friday, 25 August 2006, at 8:48 a.m. .

"“It was an illegal charge to these people,” county Prosecutor Randy Colbry said." .

As quoted in the Argus Press article,

www.argus-press.com/articles/2006/08/23/news/news1.txt

referring to the 'waiver' fees charged by the drain commissioner for soil erosion inspections ...... .

So what????....why is this a bigger deal than illegally overcharging the kennel owners? and in most cases a bit more than $25, too. .

EVERYBODY admits this was an illegal overcharge. .

NOBODY does anything to refund the overcharges. .

I guess they aren't on a witch hunt in the Animal Control area.......... .

and the Shiawassee County Board of Commissioners just rubber stamps whatever the prosecutor wants??? .

We need more than an inspector general..

Wednesday, July 26, 2006

29) PUBLIC HEARING/Resolution Minutes 7/27/06

Kennel Ordinance

Posted By: kaylorDate: Wednesday, 26 July 2006, at 1:01 p.m.

The public hearing on the amendment to the animal control ordinance was also during yesterday's Committee of the Whole meeting.

At least one other kennel owner was in attendance, even took off work to be there.

Someone spoke about the inconvenience of the times for these county meetings, I think during one of monday's committee meetings. Well, I think they do that deliberately to try to avoid having many people show up for the meetings.

Most people can not afford to take time off to attend meetings.

Whatever, I was the only one that spoke up. Their current kennel ordinance does not comply with state law and what they are proposing to change it to, also does not comply with state law.

They don't seem to care. "This is Shiawassee County and this is how we do it." attitude.

We have a bunch of outlaws running the county. The "Shiawassee Gang"........

jmho........but I hope the upcoming vote reflects other's opinions are along a similar line.
excerpt minute July 27, 2006 Resolution "adopted"
At a regular meeting of the Shiawassee County Board of Commissioners held on July 27, 2006 at 4:00 p.m. in the Commission Chambers, Surbeck Building, Corunna, Michigan:
The meeting was called to order by Chairman Fuja.
Pledge of Allegiance was given.
Prayer was offered by Commissioner Capitan.
Roll Call found Commissioners Capitan, Cole, Pavlica, Roszman, Van Pelt, Walden and Fuja present.
………………….
The following resolution was presented:

RESOLUTION NO. 06-06-20
BOARD OF COMMISSIONERS
SHIAWASSEE COUNTY

WHEREAS, the Shiawassee County Animal Control Ordinance was adopted at a regular meeting of the Shiawassee County Board of Commissioners on January 13, 2000; and
WHEREAS, the Shiawassee County Animal Control Ordinance currently reads under Article II Definitions
(l) KENNEL Any lot or premise on which (5) or more household pets, six months of age or older are kept.
(1) Commercial Kennel. Any lot or premise used for the commercial sale, boarding or treatment of household pets.
(2) Private Kennel. Any lot or premise used for the private maintenance of ten (10) or fewer household pets not involving any commercial activity. Keeping of more that ten (10) animals shall be considered a commercial kennel, regardless of ownership of animal.
WHEREAS, the Shiawassee County Board of Commissioners intends to amend the
Shiawassee County Animal Control Ordinance under
Article II Definitions
(l) KENNEL to read: A kennel shall be construed as an establishment wherein or whereon five (5) or more dogs are confined and kept for sale, boarding, breeding or training purposes.

NOW THEREFORE, BE IT RESOLVED, that effective July 27, 2006, the Shiawassee County Board of Commissioners amends the Shiawassee County Animal Control Ordinance of January 13, 2000 under Article II Definitions (l) KENNEL to read:

(l) KENNEL A kennel shall be construed as an establishment wherein or whereon five (5) or more dogs are confined and kept for sale, boarding, breeding or training purposes.

It was moved by Commissioner Roszman, seconded by Commissioner Cole to considering approving Resolution #06-06-20 amending the Shiawassee County Animal Control Ordinance of January 13, 2000 under Article II Definitions.
Motion carried with the following roll call vote of
7 Yeas and 0 Nays. Yeas: Commissioners Capitan, Cole, Pavlica, Roszman, Van Pelt, Walden and Fuja.

_______________________________________
Lauri L. Braid, Shiawassee County Clerk
and Clerk to the Board of Commissioner
P.S. The commissioners think they approved this resolution. The above is from the official minutes. All they did was approve "to considering approving". They approved the minutes and this is the final and official word. The resolution was not adopted, but they think it was.

Wednesday, July 12, 2006

28) KENNEL OWNERS

KENNEL OWNERS……………………


There is going to be a Public Hearing JULY 25, 2006 4 P.M.

At the Surbeck Building in Corunna (the only 3 story bldg) during the County Commissioners Committee of the Whole meeting.


They plan to amend the Animal Control Ordinance to modify the definition of a kennel to exclude veterinary clinics.

They wouldn’t do that for one of us.


This would be a good time to suggest they bring their kennel “ordinance” into compliance with state law.





Be nice if you could attend.

If not - call your county Commissioner

27) County Commissioners



click to enlarge

County Commissioners
November 2012
 
-------------------
 
District 1
Dan Stewart (R) returning outlaw November 2012
1001 Meadow Dr.
Owosso, MI 48867
989.723.3826
owosso2@aol.com

District 1 includes Fairfield, Middlebury, Owosso Pct. 1 & 2 and Rush Townships and Owosso City 1-1

District 2
John Horvath (D) elected November 2012
908 Moore Street
Owosso, MI 48867
725-2835

District 2 includes Owosso City 2-1, 2-2, 2-3, and 2-4

District 3
Gary Holzhausen (R) returning November 2012
3810 Easton Rd.
Owosso, MI 48867
989.743.3233
gwholzhausen@yahoo.com

District 3 includes Caledonia Pct. 1, Hazelton, New Haven, and Venice Pct. 1 Townships and Corunna City

District 4
Les Schneider (D) elected November 2012
8499 E M-21, Lot #222
Durand, Mi 48429

District 4 includes Venice Pct. 2 and Vernon Townships and Durand City Pct 4

District 5
Robert McLaren (R) elected November 2012
4660 Lansing Road
Bancroft, Mi 48414

District 5 includes Antrim, Burns, Caledonia Pct. 2, and Shiawassee Township

District 6
Jeff Bartz (D) elected November 2012
4106 Tyrrell Road
Owosso, Mi 48867
429-2243  ( I dunno if that is a 989 or a 517 )

District 6 includes Bennington, Owosso Pct. III, Sciota Townships, City of Laingsburg and City of Owosso Pct. 6-1

District 7
John Plowman (R) returning November 2012
202 Meadowdale Lane
Perry, MI 48872
517.625.4545
jplowman@shiawassee.net

District 7 includes Perry and Woodhull Townships and Perry City

***

Wednesday, June 28, 2006

26) Heavy Reading and just what does it say?

Well..a very short version would be:

---------------------------------------


1. It says that counties do not have the authority to promulgate rules with respect to kennels.

---
2. It says that counties may adopt an ordinance pertaining to kennels providing that ordinance is the same as section 10
---
3. It says, "In those counties in which the board of supervisors has accepted the provisions of Sec. 10 the issuance of kennel licenses is authorized only upon inspection and certification by the director of agriculture." THAT WOULD BE INSPECTION FOR A NEW KENNEL
---
4. It says, "that act does not confer upon the board of supervisors the power to adopted regulations pertaining to dog kennels."

----------------------------------------
It says more than that, but this will give you something to help guide you through all the legal jargon. The important thing is that the counties, this county, yes even
-------
SHIAWASSEE COUNTY

DOES NOT HAVE THE AUTHORITY TO CREATE REGULATIONS PERTAINING TO KENNELS.
---------

THE MICHIGAN DOG LAW OF 1919 GAVE THEM NO SUCH AUTHORITY.
---------
What they have adopted in the past contravenes The Dog Law of 1919 and there is nothing that gives them the authority to do that. Under "Authorities of County Board of Commissioners it says they may adopt any ordinance provided it does not contravene the statutes of the State of Michigan.
If they adopted a kennel licensing ordinance that does not match the state statute (which they did) then the county ordinance contravenes state law. (Which it does.)
They take the part that says they can adopt any ordinance, and they adopt any ordinance!
Well, that also means any ordinance they have been given the authority to adopt by statute.
That doesn't mean any ordinance that just pops into their head.
They ignore the part about "contravenes state statute", completely.
Outlaws.........they are nothin' but a bunch of outlaws.

25)Michigan Dog Law of 1919 - Sec 10 Kennels plus

at end Dept AG admin rule
AG Opinion No. 1897
STATE OF MICHIGAN
DOG LAW OF 1919(EXCERPS)
Act 339 of 1919


287.261 Short title; definitions.
Sec. 1.

(d) “Kennel” means any establishment wherein or whereon dogs are kept for the purpose of breeding, sale, or sporting purposes.

287.270 “Kennel” defined; kennel license; fee; tags; certificate; rules; inspection; exception.
Sec. 10.


For the purposes of this act, a kennel shall be construed as an establishment wherein or whereon 3 or more dogs are confined and kept for


sale, boarding, breeding or training purposes, for remuneration,


and a kennel facility


shall be so constructed as to prevent the public or stray dogs from obtaining entrance thereto and gaining contact with dogs lodged in the kennel.


Any person who keeps or operates a kennel may, in lieu of individual license required under this act, apply to the county treasurer for a kennel license entitling him to keep or operate a kennel.


Proof of vaccination of dogs against rabies shall not be required with the application.


The license shall be issued by the county treasurer on a form prepared and supplied by the director of the department of agriculture, and shall entitle the licensee to keep any number of dogs 6 months old or over not at any time exceeding a certain number to be specified in the license.


The fee to be paid for a kennel license shall be $10.00 for 10 dogs or less, and $25.00 for more than 10 dogs.


A fee of double the original license fee shall be charged for each previously licensed kennel, whose kennel license is applied for after June 1.


With each kennel license the county treasurer shall issue a number of metal tags equal to the number of dogs authorized to be kept in the kennel.


All the tags shall bear the name of the county issuing it, the number of the kennel license, and shall be readily distinguishable from the individual license tags for the same year.


The county treasurer or county animal control officer shall not issue a kennel license for a new kennel under the provisions of this act unless the applicant furnishes an inspection certificate signed by the director of the department of agriculture, or his authorized representative,


stating that the kennel to be covered by the license complies with the reasonable sanitary requirements of the department of agriculture, and that the dogs therein are properly fed and protected from exposure commensurate with the breed of the dog.


The director of the department of agriculture shall promulgate reasonable rules with respect to the inspections in the manner prescribed by law.


The inspection shall be made not more than 30 days before filing the application for license.


The provisions of this act shall not be effective in the counties of this state that are operating under the provisions of section 16 wherein the board of supervisors have appointed a county animal control officer with certain powers and duties, unless the counties by a resolution duly adopted by the board of supervisors accept the provisions of this act.

Admin Rule: R 285.129.1 of the Michigan Administrative Code.


287.270a Repealed. 1969, Act 195, Eff. Mar. 20, 1970.
Compiler's Notes: The repealed section pertained to vaccination of dog sold by licensed kennel.


287.270b Kennel licensing ordinance.
Sec. 10b.


Any city, township or village having in its employment a full-time animal control officer may adopt an ordinance providing for the issuance of kennel licenses by the animal control officer on the same terms, conditions and fees as is provided in section 10. Upon the adoption of the ordinance the city, township or village shall be excepted from the provisions of sections 10 and 11 of this act.

History: Add. 1966, Act 132, Eff. Mar. 10, 1967 ;-- Am. 1972, Act 349, Imd. Eff. Jan. 9, 1973

287.271 Rules governing kennel dogs.
Sec. 11.


The licensee of a kennel shall, at all times, keep 1 of such tags attached to a collar on each dog 4 months old or over kept by him under a kennel license.


No dog bearing a kennel tag shall be permitted to stray or be taken anywhere outside the limits of the kennel.


This section does not prohibit the taking of dogs having a kennel license outside the limits of the kennel temporarily and in leash, nor does it prohibit the taking of such dogs out of the kennel temporarily for the purpose of hunting, breeding, trial or show.


History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- CL 1929, 5255 ;-- CL 1948, 287.271


287.289a Animal control agency; establishment; employees; jurisdiction; contents of animal control ordinance.
Sec. 29a.


The board of county commissioners by ordinance may establish an animal control agency which shall employ at least 1 animal control officer.


The board of county commissioners may assign the animal control agency to any existing county department.


The animal control agency shall have jurisdiction to enforce this act in any city, village or township which does not have an animal control ordinance.


The county's animal control ordinance shall provide for animal control programs, facilities, personnel and necessary expenses incurred in animal control.


The ordinance is subject to sections 6 and 30.


History: Add. 1972, Act 349, Imd. Eff. Jan. 9, 1973


287.290 Municipal animal control ordinances; certificate of vaccination.
Sec. 30.


A city, village or township by action of its governing body may adopt an animal control ordinance to regulate the licensing, payment of claims and providing for the enforcement thereof.


A city, village, county or township adopting a dog licensing ordinance or ordinances shall also require that such application for a license, except kennel licenses, shall be accompanied by proof of vaccination of the dog for rabies by a valid certificate of vaccination for rabies, with a vaccine licensed by the United States department of agriculture, signed by an accredited veterinarian.


History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- Am. 1921, Act 310, Eff. Aug. 18, 1921 ;-- Am. 1929, Act 329, Eff. Aug. 28, 1929 ;-- CL 1929, 5275 ;-- Am. 1933, Act 189, Imd. Eff. June 28, 1933 ;-- Am. 1941, Act 288, Eff. Jan. 10, 1942 ;-- Am. 1943, Act 209, Imd. Eff. Apr. 17, 1943 ;-- CL 1948, 287.290 ;-- Am. 1949, Act 22, Eff. Sept. 23, 1949 ;-- Am. 1952, Act 125, Eff. Sept. 18, 1952 ;-- Am. 1953, Act 172, Imd. Eff. June 4, 1953 ;-- Am. 1959, Act 211, Eff. Mar. 19, 1960 ;-- Am. 1969, Act 195, Eff. Mar. 20, 1970 ;-- Am. 1971, Act 229, Eff. Mar. 30, 1972 ;-- Am. 1972, Act 349, Imd. Eff. Jan. 9, 1973



DEPARTMENT OF AGRICULTURE
ANIMAL INDUSTRY DIVISION
REGULATION NO. 129. DOG KENNELS


(By authority of section 10 of Act No. 339 of the Public Acts of 1939, as amended, being S287.270 of the Michigan Compiled Laws)


R 285.129.1 Dog kennels.
Rule 1.

(1) The following rule is hereby established to be effective on and after April 22, 1946:


(a) Any dog kennel which under Michigan state law is to be covered by a license shall be of such construction as will adequately and comfortably house any dogs kept therein at any season of the year.



The buildings, including walls and floors, shall be of such construction as to be readily cleaned, and kennels and yards connected therewith used to confine kennel dogs shall be kept cleaned and free from accumulation of filth, mud, and debris.



(b) All dogs kept or maintained in connection with such kennels shall be furnished with a clean, fresh water supply and adequate and proper food to maintain such animals in a normal condition of health.


(c) The necessary inspections to be made under this rule to determine whether the same has been complied with shall be made by the dog warden, if there be one, otherwise by such person as may be appointed by the board of supervisors or the legislative body of the government unit involved. If no such appointment is made and in effect in any county, city, or village, then such inspection shall be made on behalf of the commissioner of agriculture by the sheriff or chief of police.


(d) In all cases, upon such inspection being satisfactory, a certificate of inspection shall be signed by such inspector on behalf of the commissioner of agriculture as required by the act.


(2) The provisions of this rule shall not be effective in the counties of this state that are operating under the provisions of section 16 of Act No. 79 of the Public Acts of 1933, being S287.276 of the Michigan Compiled Laws, wherein the board of supervisors have appointed a county dog warden with certain powers and duties, unless such counties by a resolution duly adopted by the board of supervisors accept the provisions of Act No. 245 of the Public Acts of 1945, being S287.261 et seq. of the Michigan Compiled Laws.
History: 1944 ACS 6; 1954 AC; 1979 AC.




REPORT OF THE ATTORNEY GENERAL 25

DOG LAW ___ KENNELS, LICENSING OF. REGULATIONS AS TO


Regulations of the director of agriculture with regard to dog kennels and the inspection thereof are in effect in those counties which do not have a county dog warden.

In other counties the board of supervisors may adopt the provisions authorizing the promulgation thereof, in which case such regulations would be in effect.

The board of supervisors has no authority however to promulgate regulations in regard thereto.

No. 1897 January 24, 1955

Mr. ALFRED A. BLOMBERG, Civil Counsel
County of Macomb,
201 Mt. Clemens Savings Bank Bldg.
Mt. Clemens, Michigan
Dear Mr. Blomberg:


Your request for opinion bearing date of December 29, 1954 and addressed to my predecessor cites certain provisions of Act No. 339, P.A. 1919 as amended (&& 287.261 et seq C.L. 1948. && 12.511 et seq., M.S.A.).
The act provides for the annual licensing of dogs upon payment of the fee prescribed by Sec. 6 (&& 287.266, C.L. 1948, being as amended by Act No. 172, P.A. 1953, & 12.516, M.S.A. Supp.) The function of licensing is performed by the respective counties, townships or cities. The act vests certain powers and discretion in the several county boards of supervisors. The director of agriculture likewise is vested with powers, particularly of a supervisory nature.


Sec. 16 of the dog law (& 287.276, C.L. 1948; & 12.526, M.S.A.) imposes the duty upon the supervisor of each township and the assessor of each city of compiling an annual report to the county treasurer in which is listed each owner or keeper of any dog subject to license thereunder. For that service the officer receives a fee of 20 cents per dog payable from the county treasury. Act No. 79 P.A. 1933, in amending the dog law added the following proviso to Sec 16 thereof:
“Provided further, That the board of supervisors of any county may, by resolution appoint for said county for a term of 1 year a dog warden or dog wardens whose duties and compensation shall be such as shall be prescribed by said board of supervisors.”


Sec. 10 of the act, & 287.270, C.L. 1948, being as last amended by Act No.172, P.A. 1953 ( & 12.520, M.S.A. Supp.), provides for the issuance of a kennel license upon payment of the fee therefor according to the schedule therein prescribed in lieu of the fee based upon the number of individual dog licenses as set forth in Sec. 6, supra.


Sec. 10, as amended, requires as a condition precedent to the issuance of a kennel license the inspection of such kennel by the director of agriculture or his authorized representative and the issuance of his certificate evidencing compliance with reasonable sanitary requirements. The director of agriculture is empowered to promulgate regulations with regard thereto. That section contains the following proviso:


“Provided, however. The provisions of this act shall not be effective in the counties of this state that are operating under the provisions of section 16 of Act No. 79 of the Public Acts of 1933, wherein the board of supervisors have appointed a county dog warden with certain powers and duties, unless such counties by a resolution duly adopted by the board of supervisors accept the provisions of this act.”


Such proviso as well as the provisions regarding inspection and certification of the kennels and the promulgation of regulations with regard thereto were added to said section by Act No. 245, P.A. 1945, which act amended only Sec. 10. Obviously, it was not intended by the above quoted provision to exempt those counties having a county dog warden from all of the provisions of Act No. 339, P.A. 1919,. Nor is it reasonable to assume that the legislature intended to make all of the provisions of Sec. 10 of said act inoperative in such a county. Since the adoption of the act in 1919. Sec. 10 has authorized the issuance of kennel licenses and it is entirely unlikely that the legislature intended by the 1945 amendment to terminate the authority to issue such licenses in a county having a county dog warden. However, the 1945 amendment imposed the requirement of inspection and certification by the director of agriculture as a condition precedent to the issurance of a kennel license and authorized the director to adopt regulations pertaining thereto. The Attorney General, therefore, interprets the above language , “The provisions of this act” as referring only to such provisions which were added to Sec. 10 by the 1945 amendatory act.


As you note, the act does not expressly authorize the board of supervisors to adopt rules and regulations with respect to dog kennels. You request opinion as to the authority of the board of supervisors to promulgate such rules and regulations.


The regulations promulgated by the director of agriculture based upon the authority of said Sec. 10 with reference to kennel licenses are effective in all counties in which the board of supervisors has not appointed a county dog warden as authorized by Sec. 16 of the act.


In counties wherein a county dog warden has been appointed, the board of supervisors has the option of accepting by resolution the provisions of Sec. 10


Unless the board adopts such a resolution, inspection and certification of kennels by the director of agriculture or his authorized representative is not required as a condition to the issuance of kennel licenses.


By the same token, under those circumstances regulations of the director of agriculture with respect to the inspection and certification of kennels would not be applicable.


Regulations adopted by the director of agriculture by virtue of other statutory authority would of course be in effect, even in those counties. See & 287.4 C.L. 1948 & 12.373; M.S.A.


In those counties in which the board of supervisors has accepted the provisions of Sec. 10 the issuance of kennel licenses is authorized only upon inspection and certification by the director of agriculture. The regulations of the director of agriculture pertaining thereto would, of course, be in effect in such counties.


The Attorney General is of the opinion that the board of supervisors of the several counties may exercise either of the options above indicated but that that act does not confer upon the board of supervisors the power to adopted regulations pertaining to dog kennels.


Very truly yours,
Thomas M. Kavanagh
Attorney General



Tuesday, June 27, 2006

24) December 2004 - excerpt



I don't think this is even legal. There is nothing in The Dog Law of 1919 that gives them this kind of authority.

But, then, this is Shiawassee County.

23) December 2004

22) New Kennel "policy" January 2005 - typed version

SHIAWASSEE COUNTY SHERIFF’S DEPARTMENT

2005 SHIAWASSEE COUNTY KENNEL LICENSE CHANGES

Starting in January of 2005, Shiawassee County has implemented new policies and fees for all kennels throughout the county.

Private kennels (5-10 dogs) will now be $10, with a $30 per year kennel inspection fee.

Commercial kennels (11-25 dogs) will be $25, with a $50 per year kennel inspection fee.

Each kennel throughout the county must have an officer respond to the kennel to conduct a kennel inspection prior to obtaining any kennel license. The officer will look at Rabies certificates on each kenneled dog and will be inspecting the kennel. The officer will issue a slip to the private or commercial kennel for compliance, which then can be taken to the Shiawassee County Treasurer to obtain the 2005 private or commercial kennel license and to pay the inspection fee.

I, Animal Control Officer Byles look forward to serving you throughout 2005. If you have any questions, please feel free to contact me at 989-743-2406.


Sincerely,




Animal Control Officer Byles

Shiawassee County

Sheriff Jon Wilson

Shiawassee County

This is nothing more than another way to extort money out of kennel owners.

21) New Kennel "policy" January 2005

This is nothing more than another way to extort money out of kennel owners.

Monday, June 26, 2006

Somebody's gotta keep an eye on these birds

20) FOIA minutes and resolution

I sent a FOIA requesting those minutes and a copy of the resolution that was introduced 6/22/06.

County Clerk, Lauri Braid, is the FOIA coordinator.

She fired back (already this morning...good job) the minutes of the two meetings.
Those have been approved.
But she doesn't have a copy of the resolution.
She said she would see what she could do to get a copy of it.
"They" really did plan to push that through without anybody knowing anything about it and, even now, if you heard about it and wanted to find out what it was all about. Ya might have a tough time doin' that.

19)Committee of the Whole 5/23/06

Committee of the Whole
(excerpt from minutes)


Date: May 23, 2006

Time: 4:00 p.m.

Place: Commissioner’s Chambers, Surbeck Building, Corunna

Present: Chairman Van Pelt, Commissioners Capitan, Cole, Fuja, Pavlica, Roszman and Walden.
………………..
It was moved by Commissioner Roszman, seconded by Commissioner Cole to move to Thursday’s Board meeting to consider approving Resolution #06-05-16 that would give a commercial kennel license to any participating veterinary clinic that sells dog licenses for the County as part of their compensation. Motion carried.
………….
Call to the public:
Gary Holzhausen, 3810 Easton Road, Owosso
Ken Hornak, 9485 Ditch Road, Chesaning
The meeting adjourned at 5:00 p.m.

_________________________________________
Lauri L. Braid, Shiawassee County Clerk
and Clerk to the Board of Commissioners

18)Public Safety & Courts Committee 5/17/06

Public Safety & Courts Committee
Minutes

Date: Wednesday, May 17, 2006

Time: 4:00 p.m.

Place: Commissioner Chambers, Surbeck Building

Present: Chairman Roszman, Commissioner Cole, Van Pelt, and Fuja

The meeting was called to order by Chairman Roszman at 4:00 p.m.

Call to the Public: No one responded.

Discussion Item:
Commercial operations in the County that do not have kennel licenses as required in the Shiawassee County Animal Control Ordinance were discussed.

It was moved by Commissioner Cole, supported by Commissioner Van Pelt to move to the next Committee of the Whole meeting to consider enforcing the Shiawassee County Animal Control Ordinance as written. Motion carried

It was moved by Commissioner Van Pelt, supported by Commissioner Cole to move to the next Committee of the Whole meeting to consider approving a drafted resolution that would give a commercial kennel license to any participating veterinary clinic that sells dog licenses for the County as part of their compensation. Motion carried.

Other Agenda Items: None

Call to the Public:
Kay Lorraine-Lauro spoke regarding kennel licenses.

The meeting was adjourned at 4:30 p.m.

________________________
Wayne Roszman, Chairman
Public Safety & Courts Committee
________________________
Julie Considine
Executive Assistant

Sunday, June 25, 2006

16)BIG DEAL.......SO WHO GIVES A RIP????

There can't be more than 20 veterinary clinics in the county.

That would only generate $75 a year in revenue from each clinic.
$1,500 maximum.

Who cares????? Well, besides me, anyway.

I care that our Shiawassee County Board of Commissioners feel so free to act outside the laws of the State of Michigan.............especially at the same time they are complaining so loudly that another elected official ( a county wide position - not just a "District") has acted outside the authority granted by the Shiawassee County Board of Commissioners.

That is just too much of a whole bunch of pots calling one kettle black for my taste.

Saturday, June 24, 2006

15)Veterinarians could be required to purchase kennel licenses

Veterinarians could be required to purchase kennel licenses
By TARA N. MAYArgus-Press Staff Writer 5/18/06

CORUNNA — The Shiawassee County Board of Commissioners is discussing whether to require veterinar­ians to purchase kennel licenses through the county.
The issue was brought before the board at the Public Safety and Courts committee meeting on Wednesday. The county’s animal con­trol ordinance requires all commercial kennels to have licenses through the county.
A kennel is defined in the ordinance as any place where animals are kept to be treat­ed. Most county veterinary clinics do not have kennel licenses. The board discussed whether to require them to get licenses and whether to charge them for the licenses.
The kennel license fee is $25 for more than 10 dogs. A kennel inspection, which costs $50, is required to obtain the license.
Commissioner Kim Van Pelt said he believes veteri­narians should be given a break on the cost of the licenses in exchange for the services they provide the county.
All but one veterinary clinic in Shiawassee County distributes dog licenses for the county. They receive $3 for each dog license they sell. “The veterinary clinics provide quite a service doingthe licensing chores for us,” Van Pelt said.
Van Pelt said he wanted to draft a resolution that would include the cost of the kennel license in the compensation for selling dog licenses for the county.
Commissioner Gerald Cole said he thought the ordinance should be enforced as it stands, and veteri­nary clinics should be required to pay the fees.
Sheriff Jon Wilson said he agreed commissioners needed to decide who specifically is required to get licenses and enforce that decision. “The issue does need to be addressed,” he told the board.
The commissioners decided Wednesday to bring more informa­tion on the subject to the commit­tee of the whole meeting at 4 p.m. on Tuesday.
“I think we need more informa­tion on the topic,” commissioner Jon Michael Fuja said. “And make sure we’re aware of everything here with this issue.”

14)Shiawassee vet clinics might pay county's fee for kennel inspections.

Shiawassee vet clinics might pay county's fee for kennel inspections.

SHIAWASSEE COUNTY THE FLINT JOURNAL FIRST EDITION Tuesday, May 23, 2006 By Linda Angelo

SHIAWASSEE COUNTY - Veterinary clinics might have to start paying for kennel licenses and annual inspections if the Board of Commissioners decides to enforce an existing ordinance.
The county's animal control ordinance requires all commercial kennels to have licenses, but most veterinary clinics don't have one.
Commissioners will discuss during today's committee of the whole meeting whether they should have the sheriff's department enforce the ordinance or change it to exempt veterinary clinics.
The board also might consider waiving the fee for clinics that distribute dog licenses for the county.
"There is some logic to exempting them," said Commissioner Wayne Roszman, R-Owosso Township. "The treasurer said if we had to sell all the licenses through his office, we would have to employ a full-time person several months of the year when we sell them in large numbers."
The commercial kennel license fee is $25 for more than 10 dogs and $50 for an annual inspection, which would be conducted by the county's animal control.
Veterinarian Wayne Bruinekoll of Clay-Mar Veterinary Clinic in Owosso said animal control should not be in charge of inspections.
"If it's a licensed veterinary clinic, then there needs to be a vet on staff to inspect them," he said.
Veterinarian Craig Hook of Northside Animal Hospital in Owosso questions why veterinary clinics are classified the same as kennels.
"I'm not a kennel; l'm a hospital," he said. "I'm here to house animals in as short of a time as possible, treat them and get them home as opposed to being a boarding facility."
The issue arose after Bennington Township resident Kay Lorraine-Lauro, who operates a kennel on her property, wrote a letter to Sheriff R. Jon Wilson.
"It's a legitimate concern," Wilson said. "If the law says they need to be inspected and have a kennel licenses, either we need to enforce it or they need to be waived."

Friday, June 23, 2006

13) Powers of county board of commissioners.


COUNTY BOARDS OF COMMISSIONERS (EXCERPT)

Act 156 of 1851

46.11 Powers of county board of commissioners.
Sec. 11.

A county board of commissioners, at a lawfully held meeting, may do 1 or more of the following:

(j) By majority vote of the members of the county board of commissioners elected and serving, pass ordinances that relate to county affairs and do not contravene the general laws of this state or interfere with the local affairs of a township, city, or village within the limits of the county, and pursuant to section 10b provide suitable sanctions for the violation of those ordinances.
......................................
......................................
If, within 50 days after the county board of commissioners adopts an ordinance or act, a petition signed by not less than 20% of the electors residing in the district to be affected by the ordinance or act is filed with the county clerk asking that the ordinance or act be submitted to electors of the district to be affected by the ordinance or act for approval or rejection, then the ordinance or act shall not take effect until it is approved by a majority of the electors of the district affected voting on that issue at a regular or special election called for that purpose.
The county board of commissioners shall provide the manner of submitting the ordinance or act to the electors for their approval and of determining the result of the election.

Somebody's gotta keep an eye on these birds

12)Kennel defined by Michigan Dog Law and Shiawassee County

Remember how Sheriff Jon Wilson was telling me how the definitions for a kennel should be the same?
-----------------------------------------------------------
The DOG LAW OF 1919, Act 339 of 1919 defines a Kennel as
287.261 Short title; definitions.
Sec. 1.
(d) “Kennel” means any establishment wherein or whereon dogs are kept for the purpose of breeding, sale, or sporting purposes.

--------------------------------------------------------------
Further The Dog Law of 1919 states under section 10 in part:
--------------------------------------------------------------
287.270 “Kennel” defined; kennel license; fee; tags; certificate; rules; inspection; exception. [M.S.A. 12.520 ]
Sec. 10.
For the purposes of this act, a kennel shall be construed as an establishment wherein or whereon 3 or more dogs are confined and kept for sale, boarding, breeding or training purposes, for remuneration, and a kennel facility shall be so constructed as to prevent the public or stray dogs from obtaining entrance thereto and gaining contact with dogs lodged in the kennel.
-------------------------------------------------------------
There is more to section 10, but for now we are only looking at the definition.

Does that look the same as what they are proposing?
-------------------------------------------------------------
Shiawassee County Animal Control Ordinance proposed new definition:
Article II Definitions (1) KENNEL to read:
(1) KENNEL A kennel shall be construed as an establishment wherein or whereon five (5) or more dogs are confined and kept for sale, boarding, breeding or training purposes
.
---------------------------------------------------------
I don’t think so……they left some parts out
and I think I have run out of legs for them to pee on.
That “contravenes” State of Michigan Law, which allows for a kennel of 3 dogs, includes dogs kept for sporting purposes and also includes "for remuneration".
There is also mention of dogs over 6 months of age. I will cover Section 10 more later.
This may not seem like a big deal, but it is.
If you own more than 5 dogs and train them, you are subject to these county kennel ordinances?
That doesn't seem so bad? Well, even I have the same objection as the veterinarians.
More on that later.
They want to fill up the shelters with more untrained dogs
(90% of shelter dogs are there for lack of training).
What they are proposing is more violation of state law, at the very least.
“They” think “they” can write any ordinance “they” want,
provided it is more strict than state law. ...
That isn’t what the law says.

11)Resolution brought to the board June 22, 2006

This is scary. They actually believed they were going to get this adopted on June 22, 2006.

No committee, no public hearing. Just adopt it and keep the veterinarians happy.
Pity they can't put that much effort into keeping the people happy.
The vets make more than enough money to cover the puny little $75 this would cost them.
The county could pay them $75 as part of their pay for selling dog licenses.
Sure would have been a whole lot cheaper than dancing through all of these hoops!
-----------------------------------------------
RESOLUTION NO. 06-06-20

BOARD OF COMMISSIONERS

SHIAWASSEE COUNTY

WHEREAS, the Shiawassee County Animal Control Ordinance was adopted at a regular meeting of the Shiawassee County Board of Commissioners on January 13, 2000; and
WHEREAS, the Shiawassee County Animal Control Ordinance currently reads under Article II Definitions
(1) KENNEL Any lot or premise on which (5) or more household pets, six months of age or older are kept.
(1) Commercial Kennel. Any lot or premise used for the commercial sale, boarding or treatment of household pets.
(2) Private Kennel. Any lot or premise used for the private maintenance of ten (10) or fewer household pets not involving any commercial activity. Keeping of more that ten (10) animals shall be considered a commercial kennel, regardless of ownership of animal.

WHEREAS, the Shiawassee County Board of Commissioners intends to amend the Shiawassee County Animal Control Ordinance under Article II Definitions (1) KENNEL to read: A kennel shall be construed as an establishment wherein or whereon five (5) or more dogs are confined and kept for sale, boarding, breeding or training purposes.

NOW THEREFORE, BE IT RESOLVED, that effective June 22, 2006, the Shiawassee County Board of Commissioners amends the Shiawassee County Animal Control Ordinance of January 13, 2000 under Article II Definitions (1) KENNEL to read:
(1) KENNEL A kennel shall be construed as an establishment wherein or whereon five (5) or more dogs are confined and kept for sale, boarding, breeding or training purposes.

I hereby certify that the forgoing Resolution was adopted by the Shiawassee County Board of Commissioners at its regular meeting of June 22, 2006.
__________________________
Jon Michael Fuja, Chairperson
Board of Commissioners
__________________________
Lauri L. Braid
Shiawassee County Clerk
(not signed by either-going to public hearing at the next Committee of the Whole)

10)Motion from last month that was tabled

from the minutes of the May 25, 2006 meeting
this motion was brought off the table
and voted down at the June 22, 2006 meeting
-----------------------------------------------


RESOLUTION NO. 06-05-16
BOARD OF COMMISSIONERS

SHIAWASSEE COUNTY


Whereas, the Shiawassee County Board of Commissioners compensate veterinary clinics $3.00 per dog license they sell; and
Whereas, the Shiawassee County Board of Commissioners wishes to encourage veterinary clinics to sell dog licenses; and
NOW THEREFORE, BE IT RESOLVED, THAT EFFECTIVE May 25, 2006, the Shiawassee County Board of Commissioners shall waive the inspection and kennel fees to licensed veterinary clinics who sell dog licenses for Shiawassee County.
It was moved by Commissioner Roszman, seconded by Commissioner Van Pelt to approve Resolutions #06-05-16 that would give a commercial kennel license to any participating veterinary clinic that sells dog licenses for the County as part of their compensation and extend the inspection period for 30 days.
It was moved by Commissioner Cole, seconded by Commissioner Walden to table the motion until the June meeting. Motion carried with the following roll call vote of 4 Yeas and 3 Nays. Yeas: Commissioners Capitan, Cole, Roszman, and Walden. Nays: Commissioners Pavlica, Van Pelt and Fuja.
It was moved by Commissioner Roszman, seconded by Commissioner Walden to approve the minutes of the May 17, 2006 Public Safety & Courts Committee meeting.
Motion carried.

Somebody's gotta keep an eye on these birds

9)"They" decided

So, at this meeting attended by only Shiawasse County Sheriff Wilson, Prosecutor Colbry and coordinator McAvoy "They" decided how to proceed.

( I'm not even sure that meeting was legal. I don't think it was. "They" are not Shiawassee County commissioners and this should have gone back to committee, and this meeting may have been subject to the Open Meetings Act, even though "they" are not commissioners.)

At any rate "they" came to the Shiawassee County Board of Commissioner's meeting with a resolution to be adopted by the board.

First they voted down the motion that had been tabled from last month. Well, sort of. The minutes of the meeting did not exactly state the motion as it was presented.

Then puppet Roszman made a motion to adopt the resolution to change the animal control ordinance.

So, these hotshots thought they could just type it up however they wanted and the board would pass it, right then and there. Bypass all the committees and any public hearings. (Wonder if that is how they got the ordinance adopted in 2000.)

It was really kind of funny. Colbry stammered and stuttered. He didn't know how that word ( "Treatment") got in there (??? A couple years ago Kim Van Pelt said Colbry wrote the Shiawassee County Animal Control Ordinance-guess he don't remember what he wrote??). Colbry also said he thought maybe to change an ordinance there had to be a public hearing....published and a public hearing. Stammer, stammer, stutter, stutter. Nobody seemed to know what they were doing.

What a bunch of bumbling fools.

I think they made a motion to have a public hearing at the next committee of the whole meeting and to publish, as required, prior to that.

8)Dog Law of 1919 Kennel Definition

State of Michigan Compiled Laws
DOG LAW OF 1919
Act 339 of 1919


AN ACT relating to dogs and the protection of live stock and poultry from damage by dogs; providing for the licensing of dogs; regulating the keeping of dogs, and authorizing their destruction in certain cases; providing for the determination and payment of damages done by dogs to live stock and poultry; imposing powers and duties on certain state, county, city and township officers and employes, and to repeal Act No. 347 of the Public Acts of 1917, and providing penalties for the violation of this act.
History: 1919, Act 339, Eff. Aug. 14, 1919

The People of the State of Michigan enact:
287.261 Short title; definitions.
Sec. 1.

(1) This act shall be known and may be cited as the “dog law of 1919”.
(2) For the purpose of this act:

(d) “Kennel” means any establishment wherein or whereon dogs are kept for the purpose of breeding, sale, or sporting purposes.
----------------------------------------------------------------------------------
Further The Dog Law of 1919 states under section 10 in part:
----------------------------------------------------------------------------------
287.270 “Kennel” defined; kennel license; fee; tags; certificate; rules; inspection; exception. [M.S.A. 12.520 ]Sec. 10. ...
For the purposes of this act, a kennel shall be construed as an establishment wherein or whereon 3 or more dogs are confined and kept for sale, boarding, breeding or training purposes, for remuneration, and a kennel facility shall be so constructed as to prevent the public or stray dogs from obtaining entrance thereto and gaining contact with dogs lodged in the kennel.
Shiawassee County Animal Control…..Shiawassee County Board of Commissioners

7)Conversation with Sheriff Jon Wilson

At the last Shiawassee County Board of Commissioners meeting in May it was moved to table the issue of the kennel licenses for the illegal kennels operated by veterinary clinics until the June meeting. That was said to be June 20, which would be the committee of the whole... At least that was my ultimate understanding. That would have been today, June 20, 2006 at 4 PM for the Committee of the Whole meeting. Well, today that subject was not on the agenda.

I had some questions for Shiawassee County Sheriff Jon Wilson about the Animal Shelter Activity Report and the form used for kennel inspections and I mentioned the kennel licensing was not on the agenda. He told me, “We had a meeting this morning to discuss that.” I asked, “Who is “we”?” He said that was himself, the county coordinator, Margaret McAvoy and the Prosecutor, Randy Colbry. Seems like there might have been another involved, but I don’t remember for sure.

Sheriff Wilson said, “They decided to extend 60 days while they decided what would be done.” Or words quite similar to that effect. I am pretty sure no county commissioner took part in that decision. Sheriff Wilson also said there wouldn’t be any point in pursuing this, if they were going to change the ordinance. What?

Previously the Committee of the Whole voted to enforce the ordinance as it was written. Now these three are deciding to delay while it is decided about changing the ordinance. Somethin’ rotten in Denmark. I thought the commissioners who sit on the Committee of the Whole made it quite clear they wanted the sheriff to “enforce the ordinance as it was written”.

Sheriff Wilson continued talking about the definition of “Kennel”, which in the county ordinance reads in part “Commercial Kennel. Any lot or premise used for the commercial sale, boarding or treatment of household pets.” He said the word “treatment” should really be “training” and that was a typo. Now Sheriff Wilson, I’ve told you before, it’s like Judge Judy said, “Don’t Pee On My Leg and Tell Me It’s Raining”. That was not a typo, that word was meant to be “treatment”. You may be able to convince somebody otherwise, but it won’t be me.

Sheriff Wilson also said, “Looking at the Dog Law of 1919 the definitions are different and it doesn’t make sense to have different definitions. Don't you think people should be able to go by the same definition?”

hmmmmmmmmm...........Well, then why have an additional ordinance? Why not just enforce the State Dog Law of 1919 and throw away the Shiawassee County Animal Control Ordinance? The two are not likely to stay the same forever. The county ordinance is somewhat redundant with a few extra twists thrown in, albeit totally unnecessarily.

And Excuse me, several years ago it was Sheriff Wilson that said the Dog Law of 1919 was old and outdated. At that time I said it is not, it is amended on a regular basis and stays current. The same as the law that was enacted in 1858 (or somewhere in there) that gives authority to the County Board of Commissioners. Today…yes today….Sheriff Wilson tells me that law gets amended. Well how do ya like that?

So, his argument is changing “treatment” to “training” will make the two definitions the same? I think not. The Dog Law of 1919 says, in part, ““Kennel” means any establishment wherein or whereon dogs are kept for the purpose of breeding, sale, or sporting purposes.”. Then in Section 10 the Dog Law of 1919 gives further definition:

The DOG LAW OF 1919, Act 339 of 1919 defines a Kennel as

287.261 Short title; definitions.Sec. 1.(d) “Kennel” means any establishment wherein or whereon dogs are kept for the purpose of breeding, sale, or sporting purposes.

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Further The Dog Law of 1919 states under section 10 in part:

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287.270 “Kennel” defined; kennel license; fee; tags; certificate; rules; inspection; exception. [M.S.A. 12.520 ]Sec. 10.

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For the purposes of this act, a kennel shall be construed as an establishment wherein or whereon 3 or more dogs are confined and kept for sale, boarding, breeding or training purposes, for remuneration, and a kennel facility shall be so constructed as to prevent the public or stray dogs from obtaining entrance thereto and gaining contact with dogs lodged in the kennel.

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Doesn’t match. So which leg do you want to pee on this time?

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Sheriff Wilson also explained some about how he had changed things at the animal shelter and saved hundreds of thousands of dollars. I told him, “That’s a stretch. You know I have the financials.” He said he knew I did. Over the three years since he reduced staff at the animal shelter, the budget had been reduced a little over $198,000. Maybe that is a good thing, but let’s not claim “hundreds of thousands” just yet.

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However, I do have a question about that. He reduced staff in 2004, expenses went from $198,021 in 2003 to $128,954 in 2004. So how come he/they had to double and triple the dog licenses in 2005? Revenue went from $86,399 in 2004 to $163,000 in 2005. So which leg do you want to pee on this time?

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This raise in fees, altered dogs went from $5 to $10 (double), unaltered went from $10 to $30 (tripled and the highest in the state) turns this into a profit center paid for entirely by the dog owners, yet the shelter takes in as many cats as dogs.

Why didn’t they put a license on cats? Why should the dog owners pay for everything?

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State of Michigan Dog Law of 1919 and their own Shiawassee County Animal Control Ordinance states: “The county board of commissioners may set license fees in the county budget at a level sufficient to pay all the county's expenses of administering this act (Dog Law of 1919) as it pertains to dogs. “

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Yet they set the fees high enough to administer ALL of the laws enforced by animal control and still show a profit.

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There are at least 20 “acts” of state law that are enforced by animal control. I can list them, it isn’t all dogs. The animal control revenue should probably be about 50% of the animal control budget, that is what state law mandates. Either that, or make two entities: Dog Licensing and Other Animal Control. Because, at this time, they cannot even show what their expenses of administering the dog law are. Their accounting system has no way of breaking that out, therefore they think they can claim anything they want??? (and appears get away with it).

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They don’t even use the additional money to benefit the animals! It goes straight into the general fund so dog owners get to support the whole county? Not just dog control.

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Hmmm ……the dog owners really didn’t even yelp much, maybe the county could have raised the fees even more. Great new “think outside the box” tax to raise money.

This county wants to whoop and holler over a drain commissioner doing something without authority from the county board of commissioners. HA! How about looking at the Shiawassee County Board of Commissioners and all they do with no authority from anywhere and in violation of state laws.

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Somebody needs to start an investigation into that.