SHIAWASSEE COUNTY
ANIMAL CONTROL ORDINANCE
AS ADOPTED BY THE SHIAWASSEE COUNTY BOARD OF COMMISSIONERS
PASSAGE OF ORDINANCE
Adopted January 13, 2000 John S. Pajtas
County Clerk
ANIMAL CONTROL
ENFORCEMENT ORDINANCE
County of Shiawassee, Michigan
An Ordinance relating to providing for animal control within the boundaries of Shiawassee County; purpose of Ordinance: definitions: County Animal Control Officer, duties, authority, responsibilities and removal from office; Licensing and Vaccination of dogs; Animal Adoption and Alteration, alteration, contract, exemption, deposit, forfeiture, return of deposit, exempt from deposit, breach of contract; confinement of dogs and other animals under certain circumstances. County Animal Shelter and Impoundment of dogs and other animals and Redemption of dogs and other animals impounded; Killing and Seizing of dogs and other animal; Prohibition of Livestock and Poultry in Non-Agricultural Areas; Prohibition of Wild Animals; Enumeration of Certain Violations and Procedure Therefor; Penalty; Preservation of Certain Rights; County Treasurer'’ duties and record; Fees and expenses: Receipts and Disbursements of funds; Construction; Repeal.
THE PEOPLE OF THE COUNTY OF SHIAWASSEE, MICHIGAN DO ORDAIN:
ARTICLE I
PURPOSE
Deeming it advisable in the interest of protecting the public health, safety, convenience and welfare and to provide for the orderly and uniform administration of the dog licensing provisions of the State of Michigan, and to create the position of Animal Control Officer and define the duties, authority and responsibilities, and to regulate and control the conduct, keeping and care of dogs and certain other animals, livestock and poultry: the County of Shiawassee, Michigan, does hereby adopt the following Ordinance;
ARTICLE II
DEFINITIONS
(a) ANIMALS Unless otherwise stated in this Ordinance, the word Animal means; birds, fish, mammals, reptiles, mollusks, crustaceans and all other vertebrates other than human beings..
(b) ADOPTION Means a transfer of ownership, with or without remuneration, of a dog, cat, or ferret from an Animal Control Shelter or Animal Protection Shelter to an individual for the purpose of being a companion animal for that individual. A companion animal includes but is not limited to a dog that is used for hunting or as a guard dog..
(c) ALTERATION Means a professional sterilization procedure performed by a veterinarian that renders a dog, cat or ferret incapable of reproduction..
(d) ANIMAL CONTROL OFFICER Means any person employed by the county for the purpose of enforcing this Ordinance or state statutes pertaining to dogs, or other animals as well as persons or deputies employed or designated by the county to act in the animal control division. Animal Control Officer shall be synonymous with “pound master”, “Chief animal control services”, “dog warden” or “dog catcher”..
(e) ANIMAL CONTROL SHELTER Means a facility operated by a municipality for the impoundment and care of animals that are found in the streets or at large, animals that are otherwise held due to the violation of a municipal ordinance or state law, or animals that are surrendered to the animal control shelter..
(f) ANIMAL PROTECTION SHELTER Means 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..
(g) BOARD OF COMMISSIONERS. Shall mean the Shiawassee County Board of Commissioners..
(h) COUNTY Means Shiawassee County, Michigan..
(i) DAY Means working days. It shall not include Saturdays, Sundays or County observed holidays..
(j) DOMESTIC ANIMAL Means the species of animals indigenous to North America which have lived under the husbandry of humans, including dogs and cats..
(k) EXOTIC ANIMAL Means those animals that are not domestic or any cross of those animals not domestic to North America, including but not limited to Mountain Lions, Wolverines and Badgers..
(l) KENNEL. Any lot or premise on which five (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 animals..
(m)LIVESTOCK Means those species of animals used for human food and fiber or those species of animals used for service to humans. Livestock includes, but is not limited to, cattle, sheep, new world camelids, goats, bison, captive cervidae, ratites, swine, equine, poultry, aquaculture, and rabbits. Livestock does not include dogs and cats..
(n) NON-AGRICULTURAL AREA Means any area zoned by a city, village, township or other government body, agency or commission as other that for agricultural purposes..
(o) OWNER. The term “owner” and “persons owning premises” shall mean both the owner of title of record and those occupying or in possession of any property or premises. The term “owner” when applied to the proprietorship of an animal, means every person having a right to property in the animal, an authorized agent of the owner, and every person who keeps or harbors the animal or has it in his care, custody or control, and every person who permits the animal to remain on or about the premises occupied by that person..
(p) PERSON Means an individual, partnership, corporation, cooperative, association, joint venture or other legal entity, including but not limited to, contractual relationships..
(q) POLICE OFFICER Means any person employed or elected by the people of the State of Michigan, or by any city, village, county or township whose duty it is to preserve peace, or to make arrest or to enforce the law, and includes game, fish and forest fire wardens and members of the state police and conservation officers..
(r) POULTRY Means, but is not limited to chickens, guinea fowl, turkeys, waterfowl, pigeons, doves, peafowl, and game birds that are propagated and maintained under the husbandry of humans..
(s) RABIES SUSPECT ANIMAL Means any animal which has been determined by the Michigan Department of Public Health to be a potential rabies carrier and which has bitten a human, or any animal which has been in contact with or been bitten by another animal which is a potential rabies carrier, or any animal which is a potential rabies carrier which exhibits symptoms suggestive of rabies..
(t) TREASURER MEANS THE Shiawassee County Treasurer..
(u) WILD ANIMAL Means any non-domesticated animal or any cross of a non-domesticated animal including but not limited to wolves, except rodents or common cage birds.
ARTICLE III
ANIMAL CONTROL OFFICER
DUTIES, AUTHORITY AND RESPONSIBILITIES
Section 1. An animal Control Officer Shall be appointed by the Sheriff, who is the Director of the Animal Control Department. That person shall serve at the pleasure of the Sheriff.
Section 2. In lieu of all fees and other remuneration under the statutes of this state, the Animal Control Officer, his deputies and assistants, except census takers, shall be paid a salary as established and determined by appropriate resolution of the Board of Commissioners.
Section 3. The Animal Control Officer shall fulfill the following duties:
(a) The Animal Control Officer is authorized to promptly seize, take up and place in the animal shelter or other appropriate shelter, all dogs or other animals, livestock or poultry found running at large or being kept or harbored any place within the county, contrary to the provisions of this Ordinance or the statutes of the state.
(b) The Animal Control Officer shall be properly deputized as a peace or police officer for the purposes of this Ordinance and shall be legally authorized to have the power and it shall be their duty to issue appearance tickets, citations or summonses to those persons owning, keeping or harboring animals contrary to the provisions of this Ordinance.
(c) It shall be the duty of the Animal Control Officer, their deputies or assistants, to destroy in a humane manner, all impounded dogs or other animals lacking a collar, license or other evidence of ownership after being impounded for four (4) days, or if the animal has a collar, license or evidence of ownership, seven (7) days from the date of mailing to the animal’s owner written notice that the animal has been impounded.
If, however, in the Animal Control Officer’s, their deputy’s or assistant’s judgment, said dog or other animal is valuable or otherwise desirable for keeping, the Animal Control Officer, their deputies or assistants may release said dog, or other animal, to any person who will undertake to remove said animal from the county or keep said animal within the county in accordance with the provisions of this Ordinance and the statutes of the state, including compliance with licensing and vaccination requirements, upon payment of the proper charge for the care and treatment of said animal while kept in the animal shelter or dispose of said dog or other animal at the expiration of the holding period required herein in a manner approved by the Board of Commissioners.
Such regulations regarding the sale of animals from the animal shelter and boarding and other charges shall be posted in a conspicuous place at the animal shelter.
The bodies of all animals destroyed at the animal shelter or elsewhere in the county shall be disposed of by the Animal Control Officer, their deputies or assistants, in a manner approved by the Shiawassee County Health Department and/or the Board of Commissioners.
Any animal voluntarily turned in to the animal shelter by the owners thereof for disposition need not be kept for the minimum period set forth herein before release or disposal of such animal is made by the Animal control Officer, their deputies or assistants, as provided herein.
(d) The Animal Control Officer shall promptly investigate all animal bite cases by a rabies suspect animal involving human exposure and shall search out and attempt to discover the animal involved and shall either impound or require its owner to quarantine the animal for examination for disease in accordance with applicable provisions of this Ordinance and/or the statutes of the state. In the event the owner of a quarantined animal is unable to maintain the quarantine during the required period, the owner shall deliver said animal to the animal shelter or upon notice to the Animal Control Officer to a veterinarian clinic for impoundment. Failure of an owner to maintain a quarantine or to deliver a quarantined animal for impoundment shall constitute a misdemeanor punishable as set forth in Article XII of this Ordinance. The Animal Control Officer shall also be obliged to seize and impound any rabies suspect animal
(e) The Animal Control Officer shall locate all unlicensed dogs, list such dogs, and deliver said list to the Prosecuting Attorney for the necessary proceedings as provided by this Ordinance and or the statutes of the state.
(f) The Animal Control Officer, his deputies or assistants are hereby authorized and empowered in accordance with the provisions of this Ordinance to enter upon private premises for the purpose of inspecting same for the purpose of determining the harboring, keeping or possessing of any dog or dogs for the specific purpose of determining if the owners of said dogs have complied with the appropriate provisions of this Ordinance and to apprehend and take with them any dogs for whom no license has been procured in accordance with this Ordinance or for any other violation hereof. The provisions of this subsection shall specifically include, but not be limited to, investigation of or seizure for cruelty to animals.
(g) The Animal Control Officer shall have the right to inspect any kennel, a license for which has been issued by the Treasurer pursuant to this Ordinance and the statutes of the state, and shall have the duty to suspend said license if, in their opinion, conditions exist which are unhealthy or inhumane to the animals kept therein pending correction of such conditions, and further shall have the duty to revoke said license if such conditions are not corrected within a reasonable period of time.
(h) The Animal Control Officer shall have the right to investigate complaints of dogs or other animals alleged to be dangerous to persons or property and shall have the right to seize, take up and impound such animals.
(i) The Animal Control Officer shall have the right to investigate complaints of cruelty to dogs or other animals, livestock or poultry which has been subject to such cruelty.
(j) The Animal Control Officer shall have such other duties relating to the enforcement of this Ordinance as designated by the Sheriff or his designee.
Section 4. It shall be the further duties of the Animal Control Officer, their deputies or assistants to enforce the provisions of this Ordinance and the statutes of the state pertaining to dogs and other animals, and they may make complaint to the appropriate District Court or other appropriate court in regard to any violation thereof.
Section 5. The Animal Control Officer, his deputies or assistants, shall dispose of any animal, livestock or poultry seized, taken up and/or impounded as provided for herein; in accordance with the provisions of this Ordinance and/or statutes of this state.
Section 6. All suspensions and or revocations of licenses and all seizures for cruelty or dangerousness as provided for herein, shall be in accordance with this Ordinance and the written policy of the Office of Animal Control.
Section 7. The Animal Control Officer may be removed from office for good cause shown.
Section 8. The Animal Control Officer, their deputies or assistants are further authorized and shall at all times carry a book of receipts properly numbered in sequence for accounting purposes, for the issuing of dog licenses as provided in this Ordinance and shall issue such dog licenses in accordance herewith.
Section 8. All fees and monies collected by the Animal Control Officer, his deputies or assistants as herein provided shall be accounted for and turned over to the Treasurer on or before the first of each and every month or more often if reasonably necessary under the standard practices of the Treasurer’s accounting system.
ARTICLE IV
LICENSING AND VACCINATION
Section 1. It shall be unlawful for any person to own any dog four (4) months old or over unless the dog is licensed as hereinafter provided,
or to own any dog four (4) months old or over that does not at all times wear a collar with a tag approved by the director of the Michigan Department of Agriculture, attached, as hereinafter provided,
except when engaged in lawful hunting accompanied by its owner;
or for any owner of any female dog to permit the female dog to go beyond the premises of such owner when she is in heat,
unless the female dog is held properly in leash,
or for any person except the owner, to remove any collar and/or license tag from a dog;
or for any owner to allow any dog,
except working dogs such as leader dogs,
farm dogs, hunting dogs, and other dogs,
when accompanied by their owner,
while actively engaged in activities for which such dogs are trained,
to stray unless held properly in leash.
Section 2. Before March 1 of each year, the owner of any dog (4) months old or over,
except as provided in Section 3 of this Article,
shall apply to the county, township or city treasurer or his authorized agent, where the owner resides, in writing, for a license for each dog owned or kept by them.
Such application shall state the breed, sex, age, color and markings of the dog, and the name and address of the last previous owner.
The application for a license shall be accompanied by a valid certificate of a current vaccination for rabies,
with a vaccine licensed by the United S6tates Department of Agriculture, signed by an accredited veterinarian.
The certificate for vaccination for rabies shall state the month and year of expiration for the rabies vaccination.
Section 3. No dog shall be exempt from the rabies vaccination requirements as herein set forth.
Section 4. When applying for a individual, kennel or replacement license, the owner shall pay the license fee provided for in the county budget for the year of purchase.
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 the Animal Control Ordinance as it applies to dogs.
For an altered dog, the license fee, if any, shall be set lower than the license fee for a dog that has not been altered.
In addition, the license fee may be set higher for a delinquent application than for a timely application.
(a). The fee for individual, kennel or replacement licenses shall be established by the Board of Commissioners, either as part of the county budget, or otherwise.
(b) For dogs reaching the age of (4) months after March 1, the owner thereof shall obtain a license within thirty (30) days of the date in which a dog reaches (4) months of age at the rate set forth in Article IV, section 4(a).
(C) A dog which is used as a guide or leader dog for a blind person, a hearing dog for a deaf or audibly impaired person, or a service dog for a physically limited person is not subject to any fee for licensing.
(d) The license fee for any dog for which a license has not been obtained in accordance with Article IV, Section 4(a) and (b) shall be considered delinquent and the fee for such dogs shall be set by the Board of Commissioners.
(e) The dog license fees as herein established may be changed from time to time.
(f) Current dog licenses issued by other counties within Michigan, and any other governmental agencies shall be honored in Shiawassee County until the following March 1.
Section 5. No license or license tag issued for one dog shall be transferable to another dog.
Whenever the ownership or possession of any dog is permanently transferred from one person to another within the county,
the license of such dog may be likewise transferred,
upon proper notice, in writing by the last registered owner, given to the Treasurer who shall note such transfer upon his records.
This Ordinance does not require the procurement of a new license,
or the transfer of a license already secured,
where the possession of a dog is temporarily transferred for the purpose of boarding, hunting game, breeding, trial or show.
Section 6. If the dog license tag is lost, it shall be replaced by the Treasurer, upon application by the owner of the dog, and upon production of such license and a sworn statement of the fact regarding the loss of such tag.
The cost of said replacement shall be $1.00 (one dollar), or as otherwise determined by rules and regulations of the Board of Commissioners.
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
intitling 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.
Section 8. Any person owning a kennel shall obtain a kennel license upon commencement of kennel operations from the County Treasurer.
A fee of double the original license fee shall be charged for each previously licensed or existing kennel, other than a newly created kennel, whose kennel license is applied for after June 1.
Kennel licenses shall expire on May 31 of each year.
ARTICLE V
ANIMAL ADOPTION AND ALTERATION
Section 1. Except as otherwise provided in this article, an Animal Control Shelter or Animal Protection Shelter shall not permit a person to adopt a dog, cat or ferret that has not been altered, unless that person has entered into a contract for the alteration of the dog, cat or ferret with the Animal Control Shelter or Animal Protection Shelter. The contract shall state that the adopting person agrees to have an alteration performed on the dog, cat or ferret and shall otherwise comply with this article.
Section 2. A contract for alteration shall require the adopting person to have an alteration performed on the dog, cat or ferret within 4 weeks after the adoption date if at the time of adoption the dog, cat or ferret is 6 months of age or older. If the dog, cat or ferret to be adopted is under 6 months of age at the time of the adoption, the contract shall contain the date upon which the dog, cat or ferret will be 6 months of ages, and shall require the person adopting the dog, cat or ferret to have an alteration performed on the dog, cat or ferret within 4 weeks after that date. This section does not prevent a veterinarian from performing an alteration on a dog, cat or ferret that is under 6 months of age.
Section 3. Upon certification by a veterinarian in writing that a dog, cat or ferret has a serious, permanent medical or health problem that prevents an alteration, the dog, cat or ferret adopted is not required to be altered. Upon certification by a veterinarian in writing that and alteration poses a serious, temporary medical health problem, them alteration may be postponed. The person adopting the dog, cat or ferret shall have it reevaluated by a veterinarian at intervals not to exceed 14 days and shall have the alteration performed no later than 7 days after a veterinarian determines that the temporary problem is resolved.
Section 4. Except as otherwise provided in section (7). A contract for alteration shall require the adopting person to leave with the Animal Control Shelter or Animal Protection Shelter, or a designee of the Animal Control Shelter or Animal Protection Shelter, a good faith deposit of at least $25.00 that indicates the persons’ intention to have the adopted dog, cat or ferret altered within the time provided pursuant to section (2). If the person fails to comply with the terms of the contract, the deposit is forfeited. The good faith deposit shall be returned to the adopting person if the adoption person submits written certification from a veterinarian of wither of the following:
(a) The dog, cat or ferret died prior to the time the alteration was required under section (2).
(b) The dog, cat or ferret has a serious permanent medical or health problem that prevents an alteration.
Section 5. Money forfeited under subsection (4) may be used by the Animal Control Shelter or Animal Protection Shelter to finance alterations, for public education regarding the value of having dogs, cats and ferrets altered or to otherwise ensure compliance with this statute.
Section 6. If the adopting person complies with the terms of a contract for alteration, the good faith deposit of at least $25.00 shall be refunded by the Animal Control Shelter, Animal Protection Shelter or their designee, upon submission by the adopting person of written certification by a veterinarian that the adopted dog, cat or ferret was altered. The certificate shall include the date of alteration, the name of the owner of the dog, cat or ferret, the description of the dog, cat or ferret and the signature of the veterinarian who performed the alteration.
Section 7. The good faith deposit under section (4) is not required if 1 or more of the following apply:
(a) A dog is transferred to a local, state or federal law enforcement agency.
(b) A dog is transferred to an organization or trainer that trains guide or leader dogs for blind persons, hearing dogs for deaf or audibly impaired persons or service dogs for the physically limited persons.
(c) A dog, cat or ferret that is transferred to another Animal Control Shelter of Animal Protection Shelter for the purpose of adoption or humane euthanasia.
Section 8. A contract entered into pursuant to this article shall include a statement that if the terms of the contract are breached because a person adopting a dog, cat or ferret fails to have the animal altered as required in the contract, then the person agrees to pay liquidated damages of the grater of $100.00 or actual reasonable costs incurred by the Animal Control Shelter or Animal Protection Shelter to enforce the contract. Immediately before a person signs the contract, a representative of the Animal Control Shelter or Animal Protection Shelter shall verbally direct the persons attention to the liquidated damages clause in the contract.
ARTICLE VI
CONFINEMENT
Any dog or other warm blooded animal that shall bite a person, animal or livestock shall be handled in accordance with the National Association of State Public Health Veterinarians, Inc. (NASPHV, INC.). Compendium of Animal Rabies Control 1989, as amended. In the event the owner of such animal is unable to or fails to comply with any of the prescribed procedures, the Animal Control Officer shall take possession and custody of such animal and follow the prescribed procedure. The owner of such animal shall be responsible for the costs thereof. Failure of the owner of such animal to keep, maintain and confine or dispose of the animal when and as required by the NASPHV, Inc., Compendium of Rabies Control 1989 as amended, or to release custody of said animal to Animal Control Officer, their deputies or assistants or when so directed deliver said animal to a veterinarian clinic for confinement, shall be a violation of this Ordinance and subject an animal owner to the penalties set forth in Article XII.
ARTICLE VII
REDEMPTION OF IMPOUNDED ANIMALS
Section 1. All dogs found running at large shall be seized by the Animal Control Officer, their deputies of assistants, or by other law enforcement officers, and impounded at the Animal Control Shelter for a period of four (4) days if the dog lacks a collar, license or other evidence of ownership. If the dog possesses a collar, license or other evidence of ownership, it shall be held for a period of not less than Seven (7) days from the date of mailing the notice of the dog’s impoundment to the evident owner. After the required holding period has elapsed, the dog may be killed, sold or otherwise disposed of if not claimed by the owner. Disposal shall be done in a manner authorized by this Ordinance.
ARTICLE VIII
KILLING AND SEIZING
OF DOGS AND OTHER ANIMALS
Section 1. Any person, including a law enforcement officer, Animal Control Officer, their deputies or assistants may kill any dog or other animal which he/she sees in the act of pursuing, attacking, about to attack, wounding any livestock, poultry or person, and there shall be no liability on such person, officer, deputy or assistant in damages or otherwise for such killing. Any dog that, enters any field or enclosure which is owned by or leased by a person producing livestock or poultry,outside of a city, unaccompanied by its owner, or its owners agent, shall constitute a trespass, and the owner shall be liable in damages. Except as provided in this section, it shall be unlawful for any person, other than a law enforcement officer, to kill or injure or attempt to kill or injure any dog which bears a license tag for the current year. In no event shall the provisions of this section exonerate a person from compliance with the criminal laws of this state, including but not limited to the safe discharge of firearms.
Section 2. Not withstanding any other provision in this Ordinance, it shall be lawful for any person to seize any dog or other animal running at large in violation of this Ordinance and to turn said dog or animal over to the Animal Control Officer, their deputies or assistants.
ARTICLE IX
PROHIBITION OF LIVESTOCK OR POULTRY
IN NON-AGRICULTURAL AREAS
No livestock or poultry shall be owned, kept, possessed, or harbored or kept charge of within the boundaries of any non-agricultural area within Shiawassee County except as such places are provided for shipping said livestock or poultry, and in compliance with the applicable provisions of the Shiawassee County Zoning Ordinance.
ARTICLE X
PROHIBITION OF WILD ANIMALS
No wild animal nor vicious animal shall be kept permanently or temporarily in any district accept in an accredited American Association of Zoologies Park and Aquariums (AAZPA) facility.
ARTICLE XI
ENUMERATION OF CERTAIN VIOLATIONS
AND PROCEDURE THEREFOR
Section 1. The owner of any dog shall be deemed in violation of this Ordinance and subject to the penalties set forth in Article XII if :
(a) The owner’s dog, regardless of age, and whether licensed or unlicensed, wearing a collar or not wearing a collar, runs at large, provided however, that a dog engaged in hunting need not be leashed when under the reasonable control of its owner.
(b) The owner’s dog, regardless of age, and whether licensed or unlicensed, wearing a collar or not wearing a collar, except a leader dog for the blind, hearing dog for a deaf or audible impaired person, or a service dog for a physically limited person which is accompanied by its owner, to be within the confines of any park when such par, by appropriate designation at its entrance, prohibits dogs.
(c) The owner’s dog, at any time, whether licensed or unlicensed, destroys real or personal property of another, or trespasses in a damaging way on property of persons other that the owner.
(d) The owner’s dog or other animal at any time, whether, licensed or unlicensed attacks or bites a person.
(e) The owner’s dog shows vicious habits and molests passers-by when such persons are lawfully on the public highway or right-of-way.
(f) The owner’s dog which, by loud and frequent barking, howling or yelping, is a nuisance in the neighborhood which said dog is kept, possessed or harbored.
(g) The owner of a dog fails to license their dogs in accordance with this Ordinance.
Section 2. An owner of livestock or poultry shall be in violation of this Ordinance and subject to the penalties set forth in Article XII if the owner’s livestock or poultry runs at large upon the premises of another or upon any public street, lane, alley or other public ground in the county unless otherwise specifically allowed.
Section 3. No person shall keep any exotic or wild animal or other type of animal which is determined to be in violation of local, state or federal law.
Section 4. A person shall be in violation of this Ordinance and subject to the penalties set forth in Article XII if they remove a collar or tag from any dog or other animal without the permission of its owner, or decoys or entices any dog or other animal out of an enclosure or off the property of its owner, or seizes, molests or teases any dog or other animal while held or led by any person or while on the property of its owner. Nothing in this section should be construed as a bar to proceeding under the criminal laws of this state.
Section 5. In the event of any violation of this Ordinance or of the laws of the state, the Animal control Officer, his deputies or assistants or other peace office may issue an appearance ticket, citation or summons to the owner of said dog, animal, livestock or poultry, or other person, summoning them to appear before a district court or other appropriate court within the county to answer the charges made in violation of this Ordinance. The Animal Control Officer, his deputies or assistants or other peace officer may sign a complaint before said court for violation of the provisions of this Ordinance, proceed to obtain the issuance of a warrant and make arrest of the person whom said violation is charged and bring them before the court to answer the charges. The Court may in such case, in its discretion, upon a finding of guilty, assess the penalties in accordance with the penalty provision of this Ordinance.
Section 6. In the event of a violation of any provision of this Ordinance or of the laws of the state, the Animal Control Officer, their deputies or assistants or other peace officer or any other person may proceed to obtain authorization of the Prosecuting Attorney and make complaint before a district court or other appropriate court within the county and obtain the issuance of a summons to show cause why such dog, animal, livestock or poultry should not be sold or otherwise disposed of, or may order the dog, animal, livestock or poultry confined to the premises of the owner, or may make such other order regarding the dog, animal, livestock or poultry as it deems proper and necessary under the circumstances, in addition to any of the penalties enumerated herein. This section shall in no way affect the provisions of Article III Section 3(c) of this Ordinance.
Section 7. Costs, as in civil cases, shall be taxed against the owner of the dog, animal, livestock or poultry and collected by the court from the person complained against upon a finding of guilty. The provisions of this paragraph shall be in the alternative to the provisions for violations set forth in the preceding paragraph and the Animal Control Officer, their deputies or assistants or other peace officer may, in his discretion, proceed under either section hereof.
ARTICLE XII
PENALTY
Section 1. It shall be unlawful for any person to own, possess, control or harbor a dog or other animal of any kind in violation of the terms of this Ordinance and any violations shall be subject to the penalties prescribed herein.
Section 2. Unless a violation of this Ordinance is specifically designated as a municipal civil infraction, the violation shall be deemed a misdemeanor. Any person deemed guilty of a misdemeanor, shall upon conviction thereof, be punished by imprisonment in the county jail for not more than ninety (90) days or by a fine of not more than five hundred dollars ($500.00), or by both fine and imprisonment. If designated a municipal civil infraction, then each day that a violation is permitted to exist shall constitute a separate punishable offense.
Section 3. The following violations of this Ordinance shall be a municipal civil infraction:
(a) Dogs or other animals running at large and not under the reasonable control of its owner.
(b) An owner or person in control who allows a dog to enter the confines of a public park, where such park, by appropriate designation at its entrance, prohibits dogs.
(c) The owner’s dog destroys real or personal property of another, or trespasses in a damaging way on property of persons other than the owner.
(d) The owner’s dog which, by loud and frequent barking, howling or yelping, is a nuisance in the neighborhood which said dog is kept, possessed or harbored.
(e) Failure to license dogs in compliance with this Ordinance.
Section 4. The sanction for any violation of the Shiawassee County Animal Control Ordinance, which is a municipal civil infraction shall be a civil fine as provided in Section 6.
Section 5. In addition to enforcing violations as misdemeanors or municipal civil infractions, violations of this Ordinance may be enforced by civil action along with any other remedies provided by law. Violations of the Ordinance are a nuisance per se, and adjudication of responsibility for a municipal civil infraction violation of this Ordinance shall not preclude other civil proceedings to abate such nuisance.
Section 6. A person, corporation or firm who violates any provision of section (3), of this Article and who is found responsible by the district court for a municipal civil infraction citation, shall pay a civil fine of not more than $500.00, plus costs and other sanctions, for each infraction.
ARTICLE XIII
PRESERVATION OF CERTAIN RIGHTS
Section 1. Nothing in this Ordinance shall be construed to prevent the owner of a licensed dog from recovery in an action at law from any peace officer or any other person, except as herein provided.
Section 2. Nothing in this Ordinance shall be construed as limiting the common law liability of the owner of a dog or other animal for damages committed by said dog or other animal.
ARTICLE XIV
TREASURER’S RECORDS AND DUTIES
Section 1. The County Treasure shall be responsible for the sale of dog licenses and shall keep a record of all dog licenses, and all kennel licenses issued during the year in each city and township in their county. Such record shall contain the name and address of the person to whom each license is issued and the expiration date of each license. For an individual license, the record shall also state the breed, sex, age, color and markings of the dog licensed; and for a kennel license, it shall state the place where the business is conducted. The record is a public record and shall be open to inspection during business hours. The County Treasurer shall also keep an accurate record of all licenses fees collected by the county Treasurer or paid over to him/her by any city or township treasurer.
Section 2. In all prosecutions for a violation of this Ordinance, the records of the Treasurer’s Office, or lack of the same, showing the name of the owner and the license number to whom any license was issued, and the license tag affixed to the collar or harness of the dog showing a corresponding number shall be prima facie evidence of ownership or non-ownership of any dog and of issuance or non-issuance of a dog license or tag.
ARTICLE XV
FEES AND EXPENSES
Section 1. Every township and city treasurer of Shiawassee County, Michigan, shall receive the sum of One Dollar ($1.00) for each dog license issued for the issuing and recording of same. The remuneration as herein established shall be deemed additional compensation for the additional services for each township or city treasurer who receives a salary in lieu of fees, when so designated by the appropriate township board or city council. This fee may be changed from time to time by the Board of Commissioners.
Section 2. The county Treasurer may annually take a census of the number of dogs owned by all persons in Shiawassee County, Michigan, in accordance with this Ordinance and state law. The County Treasurer is hereby empowered to employ whatever personnel they reasonably believe necessary to conduct this census. Such personnel shall receive for their services in listing such dogs such sum, as shall be set from time to time by the Board of Commissioners.
Section 3. The duties and obligations herein imposed upon the respective designated officials may be delegated to some other appropriate person or persons by each of said officials with like force and effect.
ARTICLE XVI
RECEIPTS AND DISBURSEMENTS
Section 1. Except for those sums collected as a result of animal alteration, all fees and monies collected under the provisions of this Ordinance shall be transferred to the General Fund of Shiawassee County, Michigan, in accordance with the standard practices of the Treasurer of said county.
ARTICLE XVII
CONSTRUCTION
Section 1. When not inconsistent with the context, words used in the present tense include the future.
Words in the singular include the plural and words in the plural include the singular.
Masculine shall include the feminine and neuter.
The word “shall” is always mandatory and not merely directive.
Words or terms not defined herein shall be interpreted in the manner of their common meaning.
Headings shall be deemed for convenience and shall not limit the scope of any article or section of this Ordinance.
Section 2. The regulations of this code are minimum standards supplemental to the rules and regulations duly enacted by the Michigan Department of Health and to the laws of the state of Michigan relating to public health.
Where any of the provisions of these regulations and
the provisions of any other local or state ordinances or regulations apply,
the more restrictive of any or all ordinances or regulations shall prevail.
ARTICLE XVIII
REPEAL
All Ordinance or parts of ordinances inconsistent herewith are hereby repealed.
July 27, 2006 Amended by
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)
