ANIMALS*
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*Cross reference(s)‑‑Offenses, ch. 54; animals in parks, Sec. 58-85.
State law reference(s)‑‑Authority to adopt animal control ordinance, MCL 287.290, MSA 12.541.
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Sec. 6-1. Definitions.
Sec. 6-2. Animals outside of property of owner.
Sec. 6-3. Animals running at large prohibited.
Sec. 6-4. Noises prohibited.
Sec. 6-5. Destruction or damage of property or trespass.
Sec. 6-6. Animal cruelty prohibited.
Sec. 6-7. Permit required to keep livestock.
Sec. 6-8. Application for permit to keep livestock.
Sec. 6-9. Issuance of livestock permit.
Sec. 6-10. Grounds for revocation of livestock permit.
Sec. 6-11. Exemptions to chapter.
Secs. 6-12‑‑6-30. Reserved.
Division 1. Generally
Sec. 6-31. Sanitation of area of confinement.
Sec. 6-32. Public nuisance.
Sec. 6-33. Confinement of dog who has bitten a person.
Sec. 6-34. Dog bitten by rabid animal.
Sec. 6-35. Quarantine against rabies.
Sec. 6-36. Vicious dogs.
Sec. 6-37. Unvaccinated dog.
Sec. 6-38. Diseased dog.
Sec. 6-39. Keeper to cause dog to be killed.
Secs. 6-40‑‑6-50. Reserved.
Division 2. License
Sec. 6-51. Required; fees.
Sec. 6-52. Vaccination required prior to licensing.
Sec. 6-53. Fee exception.
Sec. 6-54. Expiration date.
Sec. 6-55. Harboring unlicensed dogs.
Sec. 6-56. Permit for operating dog kennel required.
ARTICLE I. IN
GENERAL
Sec. 6-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animals means dogs, cats, and any other animals, including fowl.
Harbor or keep means the practice of a person to permit or allow an animal to remain or to be lodged or fed at a property, dwelling, building, enclosure or premises owned or occupied by such person.
Noises means, in the case of dogs, barking, howling, yelping, whining or growling. Noises in the case of fowls or animals other than dogs means such noises as are made by such fowls or other animals.
Owner means every person having a right of property in an animal; and shall include a person who harbors or keeps an animal or has an animal in his custody.
Reasonable control of a dog means restraining the animal on a suitable leash in all places other than the property of the owner. A dog need not be leashed when on the property of the owner so long as the animal is kept under the oral control of the owner. Reasonable control of any animal other than a dog shall mean restraining such animal on a suitable leash in all places including the property of the owner. Reasonable control of fowls shall mean a cage, pen, fenced area or other enclosure which confines the fowls to such enclosure. Animals which are confined to a dwelling, building, cage, pen, fenced area, or other enclosure, or which are confined in a closed motor vehicle or shipping receptacle, shall be presumed to be under reasonable control.
Cross reference(s)‑‑Definitions generally, Sec. 1-2.
Sec. 6-2. Animals outside of property of owner.
(a) It shall be unlawful for a person who owns, harbors or keeps, or who has custody of an animal to permit or allow the animal outside the property of such owner, harborer or keeper, or custodian, unless the animal is under reasonable control.
(b) It shall be unlawful for a person who owns, harbors or keeps, or who has custody of an animal to permit or allow the animal to enter or remain in any public park or recreation area, public building, or any building or area which is open to the general public. That an animal may otherwise be under reasonable control shall not constitute a defense to prosecution under this subsection.
(c) A guide dog or leader dog which is trained to assist a visually impaired person, when used as such, shall be excepted from the prohibitions contained in subsection (b) of this section.
Sec. 6-3. Animals running at large prohibited.
(a) It shall be unlawful for an owner of an animal to permit or allow the animal to run at-large in any public street, lane, alley, sidewalk, or other public place or area set apart for use by pedestrians or for vehicular traffic or parking.
(b) It shall be unlawful for a person who owns, harbors or keeps, or who has custody of a female animal in heat to permit such female animal to go outside a dwelling, building, cage, pen, fenced area or other enclosure unless effectively held on a leash.
(c) Racing pigeons, when kept and used as such, shall be exempt from the prohibition contained in subsection (a) of this section.
(d) Any person who shall violate any provision of this section shall be responsible for a municipal civil infraction and subject to the enforcement procedures and penalties as set forth in section 1-16.
(Ord. No. 816, Sec. 4, 2-6-95)
Cross reference(s)‑‑Animals in public parks, Sec. 58-85.
Sec. 6-4. Noises prohibited.
(a) No person shall own, harbor or keep, or have custody of an animal which, by making loud and frequent or habitual noises, shall disturb the peace and quiet or interfere with the sleep or repose of persons owning or occupying other properties in the neighborhood; or which shall cause unreasonable interference or annoyance to persons lawfully traversing upon the streets and sidewalks. That an animal may otherwise be under reasonable control shall not constitute a defense to prosecution under this section.
(b) Any person who shall violate any provision of this section shall be responsible for a municipal civil infraction and subject to enforcement procedures and penalties as set forth in section 1-16.
(Ord. No. 816, Sec. 5, 2-6-95)
Sec. 6-5. Destruction or damage of property or trespass.
It shall be unlawful for a person who owns, harbors or keeps, or who is the custodian of an animal to permit or allow such animal to destroy or damage, or to trespass upon, the property of another person.
Sec. 6-6. Animal cruelty prohibited.
(a) It shall be unlawful for a person who owns, harbors or keeps, or who has custody of an animal to treat such animal, or to permit or allow such animal to be treated, in a cruel or inhumane manner; deliberately or negligently to cause, or to permit or allow to be caused, an animal to suffer unnecessary pain; to cause, or permit or allow to be caused, an animal to go without food, water or adequate shelter; or to deprive an animal of such care and attention as may be reasonably necessary to preserve its life or health.
(b) No person shall maliciously taunt, provoke or harass an animal; nor shall a person maliciously cause an animal to suffer pain or injury; nor shall a person maliciously or cruelly kill an animal.
Sec. 6-7. Permit required to keep livestock.
No person shall keep any horses, cattle, swine, sheep, ponies, goats, rabbits, snakes, poultry or other animals and fowl, except dogs and cats, within the corporate limits of the city, except with a permit from the city council.
Sec. 6-8. Application for permit to keep livestock.
Any person desiring to keep any horses, cattle, swine, sheep, ponies, goats, rabbits, snakes, poultry or other animals and fowl, except dogs and cats, within the corporate limits of the city shall make application in writing to the city clerk for permission of the city council to do so, describing particularly the following:
(1) The place where the applicant proposes to keep the animals or fowl;
(2) The number thereof;
(3) The distance from such place of keeping to the public streets and the boundary lines of such applicant's premises; and
(4) The distances to the dwelling houses and other structures situated upon the lands adjoining such proposed place.
Sec. 6-9. Issuance of livestock permit.
All applications under this article shall be submitted by the city clerk to the county health officer for investigation and report and recommendation to the city council. If it shall appear to the city council, after receiving such report and recommendation, that it will not be detrimental to the health of any of the inhabitants of the city, or constitute a public nuisance, the city council may grant to the person applying therefore a permit in writing and signed by the city clerk, authorizing the applicant to keep the specified horses, cattle, swine, sheep, ponies, goats, rabbits, snakes, poultry or other animals and fowl, as applied for. Such permit shall set forth the place where the livestock may be kept, and the kind and number thereof, and shall require that they be kept in the manner as is set forth in the approved application for such permit. No person shall keep any of the aforesaid animals and fowl within the city contrary to the terms and conditions of the permit.
Sec. 6-10. Grounds for revocation of livestock permit.
No person keeping any of the animals or fowl, pursuant to permission of the city council under this article, shall keep the animals or fowl in a place which is not neat and sanitary or in violation of any rules and regulations for such keeping as may be made from time to time by the county health officer. Failure to comply with such regulations and rules shall be sufficient grounds for suspension or revocation of any livestock permit by the city council.
Sec. 6-11. Exemptions to chapter.
The provisions of this chapter shall not be construed or interpreted as applying to the keeping of any canary, parakeet or similar bird kept as a pet within any dwelling house or place of business within the city.
Secs. 6-12‑‑6-30. Reserved.
ARTICLE II. DOGS
DIVISION 1. GENERALLY
Sec. 6-31. Sanitation of area of confinement.
(a) No person shall harbor or keep a dog at any place upon his property in the nature of a kennel or dog run, including any place where dogs are tied or chained, unless the kennel, run or place is cleaned on a daily basis so as not to create a nuisance by causing noxious odors.
(b) The owner, keeper or responsible person in charge of a dog shall promptly remove the dog's solid bodily waste from any public property or the property of another person.
(c) Any person who shall violate any provision of this section shall be responsible for a municipal civil infraction and subject to enforcement procedures and penalties as set forth in section 1-16.
(Code 1965, Sec. 15.016; Ord. No. 703, Sec. 3, 12-17-87; Ord. No. 816, Sec. 6, 2-6-95)
Sec. 6-32. Public nuisance.
Every fierce, dangerous or vicious dog, or bitch while in heat, and every dog with a contagious disease, when running at large, is a public nuisance. It shall be the duty of the county animal warden or any peace officer to take up and confine any such dog, or, if necessary, to kill such dog at once, whether or not the same may be licensed. Every dog shall be deemed fierce, dangerous or vicious that shall run after, chase, or bite or attempt to bite any person.
(Code 1965, Sec. 15.015(a))
Sec. 6-33. Confinement of dog who has bitten a person.
When any person is bitten by a dog, it is the duty of such person or his parent or guardian and of the owner or keeper of the dog immediately to notify the county health officer. The owner or keeper of the dog, immediately and at his own expense, shall confine it securely for ten days at a place designated by the officer. Every physician shall, within 24 hours after his first professional attendance upon a person bitten by any dog having or suspected of having rabies, report to the county health officer the name, age, sex, and address of the person bitten.
(Code 1965, Sec. 15.015(b))
Sec. 6-34. Dog bitten by rabid animal.
Any dog bitten by an animal known or proved to be rabid shall be killed immediately by its owner, provided that any dog which was vaccinated at least three weeks before being bitten shall be confined for 90 days. At the end of the confinement period the dog shall be released if declared free of rabies by a licensed veterinarian. If, as determined by the veterinarian, the dog develops rabies during the period of confinement, the owner or keeper shall have it killed and properly disposed of.
(Code 1965, Sec. 15.015(c))
Sec. 6-35. Quarantine against rabies.
The county health officer may declare a quarantine against rabies within the city when, in his judgment, rabies exist to the extent that it is a danger to public health. Upon such declaration, all dogs within the city shall be confined on the premises of the owner or keeper, in a veterinary hospital or commercial dog kennel. After reasonable effort to capture any dog running at large during a period of quarantine, any peace officer may kill the dog and properly dispose of the body. A quarantine shall not be removed except by order of the county health officer.
(Code 1965, Sec. 15.015(d))
Sec. 6-36. Vicious dogs.
No person shall keep any dog known to be vicious and liable to attack and injure human beings unless such dog is securely kept so as to prevent injury to any person.
(Code 1965, Sec. 15.015(e))
Sec. 6-37. Unvaccinated dog.
No person shall keep any unvaccinated dog or any dog which has shown any symptom of rabies; provided, however, that if such dog has bitten a human being the dog shall be confined for a ten-day period. If the dog dies during the confinement period, the head shall be handled in conformance with procedures established by the county health officer.
(Code 1965, Sec. 15.015(e))
Sec. 6-38. Diseased dog.
Any dog which is unidentified as to owner and unlicensed with obvious symptoms of communicable or contagious disease shall be destroyed.
(Code 1965, Sec. 15.015(f))
Sec. 6-39. Keeper to cause dog to be killed.
It is the duty of any person who is the owner or keeper of any dog, the keeping of which is unlawful, to cause such dog to be killed. Failure to comply with this section, after knowledge by the owner or keeper of the fact which renders such keeping unlawful, shall constitute a misdemeanor and shall subject such owner or keeper to the penalties prescribed in section 1-13.
(Code 1965, Sec. 15.015)
Secs. 6-40‑‑6-50. Reserved.
DIVISION 2. LICENSE
Sec. 6-51. Required; fees.
The owner or keeper of any dog over six months old shall cause his name with the name and description of the dog to be licensed to be registered with the city treasurer or treasurer of Van Buren County or Allegan County, and shall pay each year to the city treasurer or county treasurer a license fee as set by the Van Buren County or Allegan County board of commissioners. Each dog so licensed shall wear on its collar a metallic tag or check furnished by the city or the county with the number and year of licensing marked thereon.
(Code 1965, Sec. 15.011(a))
Sec. 6-52. Vaccination required prior to licensing.
Before any dog is licensed it shall be vaccinated against rabies by a licensed veterinarian, and the certificate of vaccination of such dog in Michigan or in another state or country in conformity with the vaccination requirements in this state shall be presented to the city treasurer or county treasurer when application is made for a license. No license shall issue until such certificate is furnished showing proper vaccination and that the period of immunity is unexpired. It shall be the duty of the owner or keeper of any dog to have such dog re-vaccinated for rabies within one week after expiration of each period of immunity.
(Code 1965, Sec. 15.011(b))
Sec. 6-53. Fee exception.
No license fee shall be charged for licensing of a seeing eye dog trained to lead a visually impaired person.
(Code 1965, Sec. 15.011(c))
Sec. 6-54. Expiration date.
Dog licenses shall expire on December 31 of each year and shall be renewed by March 1 of the following year.
(Code 1965, Sec. 15.011(d))
Sec. 6-55. Harboring unlicensed dogs.
Any person harboring or sheltering an unlicensed dog shall be guilty of a misdemeanor and subject to the penalties prescribed in section 1-13.
(Code 1965, Sec. 15.012)
Sec. 6-56. Permit for operating dog kennel required.
(a) No person shall operate a dog kennel or raise dogs for profit without first obtaining a permit from the city, and no such permit shall issue without prior inspection and approval of the animal control officer.
(b) A kennel is defined as any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs.
(Code 1965, Sec. 15.017(b), (c))