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.

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

***

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.

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2. It says that counties may adopt an ordinance pertaining to kennels providing that ordinance is the same as section 10

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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.

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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

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.

Somebody's gotta keep an eye on these birds