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!

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

http://christinebarry.com/2006/11/30/shiawassee-county-budget-2007/

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.

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)

http://shiacac.blogspot.com/2006/06/25michigan-dog-law-of-1919-sec-10.html

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.

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.

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.

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'.

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..

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.