[Ord. No. 459,
passed 4-8-1991]
This chapter shall be described as the "Animal Control Chapter"
of the City, and it shall be deemed sufficient in any proceeding to
refer to the same by number and by such short title.
[Ord. No. 459,
passed 4-8-1991]
Every person in possession of any animal, who knowingly allows
the animal to remain about his or her premises for a period of five
days, shall be deemed to be the owner of the animal for the purposes
of this chapter.
[Added 5-24-2021 by Ord. No. 845[1]]
The following definitions shall apply in the interpretation
and enforcement of this chapter:
Includes the provision of sufficient food, water, shelter,
sanitary conditions, exercise and veterinary medical attention in
order to maintain an animal in a state of good health.
Any of the following class or classes of animals: all marsupials
(such as kangaroos and opossums); all nonhuman primates (such as gorillas
and monkeys); all feline, except the domestic cat; all canine, except
the domestic dog; all viverrine (such as mongooses and civets); all
musteline (such as minks, weasels, otters and badgers but excluding
a domesticated ferret); all ursine (bears); all ungulate artiodactyla
and perissodactyla, except goats, sheep, pigs and cattle (such as
deer, camels, hippopotamuses and elephants); all hyaena; all pinniped
(such as seals and walruses); all venomous snakes and all snakes of
the families Boidae and Pythonidae; all venomous lizards; all ratite
birds (such as ostriches); all diurnal and nocturnal raptorial birds
(such as eagles, hawks and owls); all edentates (such as anteaters,
sloths and armadillos); all bats; all crocodilian (such as alligators
and crocodiles); and all venomous arachnids and spiders (such as tarantulas,
scorpions and mites); all turtles in the families Chelydridae, Dermochelyidae,
and Cheloniidae; wild or nondomesticated animals, whether or not raised
or kept in captivity, and includes, but is not limited to, wolf, bobcat
or mountain lion, fox, cougar, skunk, and all birds, the keeping of
which is prohibited in the Migratory Birds Convention Act, 1994, c.22,
and regulations thereto, and all animals, the keeping of which is
prohibited in the Fish and Wildlife Conservation Act, 1997, c.41,
and regulations.
Any animal customarily found in farming operations such as
but not limited to all breeds of horses, cows, goats, pheasants, ducks,
geese, sheep, swine, or any other type of poultry or fowl. A farm
animal shall also include all animals classified as livestock by the
State of Michigan.
Animals, fowl, and bees typically under 10 pounds in weight
which are not normally or customarily kept for companionship inside
of a residence. This class of animals does not include nuisance-creating
animals such as roosters or waterfowl.
To fail to sufficiently and properly care for an animal to
the extent that the animal's health is jeopardized.
Space free from health hazards, including excessive animal
waste, overcrowding of animals, or other conditions that may endanger
the animal's health. This definition does not include any condition
resulting from a customary and reasonable practice pursuant to farming
or animal husbandry.
Adequate protection from the elements and weather conditions
suitable for the age, species, and physical condition of the animal
so as to maintain the animal in a state of good health. Shelter, for
livestock, includes structures or natural features such as trees or
topography. Shelter, for a dog, includes one or more of the following:
The residence of the dog's owner or other individual.
A doghouse that is an enclosed structure with a roof and of
appropriate dimensions for the breed and size of the dog. The doghouse
shall have dry bedding when the outdoor temperature is or is predicted
to drop below freezing.
A structure, including a garage, barn, or shed, that is sufficiently insulated and ventilated to protect the dog from exposure to extreme temperatures or, if not sufficiently insulated and ventilated, contains a doghouse as provided under Subsection (b) of this definition that is accessible to the dog.
Freedom from disease and illness and in a condition of proper
body weight and temperature for the age and species of the animal,
unless the animal is undergoing appropriate treatment.
The restraint and confinement of a dog by use of a chain,
rope, or similar device.
[1]
Editor's Note: This ordinance also provided for the renumbering
of subsequent sections.
[Ord. No. 459,
passed 4-8-1991; Ord. No. 702, passed 1-23-2006; Ord. No. 727, passed 2-23-2009]
(a)
Every owner, possessor or person having the charge or custody of
an animal shall provide for the animal's adequate care.
(b)
No owner, possessor, or person having the charge or custody of an
animal shall not do any of the following:
(1)
Fail to provide an animal with adequate care.
(2)
Cruelly drive, work, beat or kick an animal, or cause an animal
to be cruelly driven, worked, beaten or kicked.
(3)
Carry or cause to be carried in or upon a vehicle or otherwise
any live animal having the feet or legs tied together, other than
an animal being transported for medical care, or a horse whose feet
are hobbled to protect the horse during transports or in any other
cruel and inhumane manner.
(4)
Carry or cause to be carried a live animal in or upon a vehicle
or otherwise without providing a secure space, rack, car, crate, or
cage, in which livestock may stand, and in which all other animals
may stand, turn around, and lie down during transportation, or while
awaiting slaughter.
(5)
Abandon an animal or cause an animal to be abandoned, in any
place, without making provisions for the animal's adequate care, unless
premises are vacated for the protection of human life or the prevention
of injury to a human. An animal that is lost by an owner or custodian
while traveling, walking, hiking, or hunting is not abandoned under
this section when the owner or custodian has made a reasonable effort
to locate the animal.
(6)
Allow any animal, including one who is aged, diseased, maimed,
hopelessly sick, disabled, or nonambulatory to suffer unnecessary
neglect, torture, or pain.
(c)
No person shall trap any animal, or set any trap, at any time, upon
any property owned by the City. This prohibition shall not apply to
a law enforcement officer, acting to enforce the law or to control
or dispose of a dangerous or injured animal or a licensed exterminator
acting at the direction of City employees.[1]
[Added 5-24-2021 by Ord. No. 845[1]]
(a)
No person shall keep any hobby animal or any farm animal except in
full compliance with the Coldwater Zoning Code.
(b)
No person shall keep any hobby animal or any farm animal without
first obtaining a permit from the Building Inspector.
(1)
The Building Inspector shall cause an inspection to be made
of the premises to ascertain that suitable barns, stables, pens or
enclosures are orderly.
(2)
Persons to whom permits are issued shall be responsible for
keeping the buildings or enclosures clean.
(3)
No persons shall at any time maintain the barns, stables, pens
or enclosures nor any hobby animal nor any farm animal in such a condition
as to cause the same to create odors reasonably offensive to neighbors
or danger to the public health.
(4)
No hobby animal or farm animal shall be permitted to stray beyond
the premises of the owner of the animals.
(5)
All permits shall expire in one year from the date of issuance.
(c)
The
Building Inspector is authorized to revoke a permit issued under the
provisions of this chapter for a violation of a provision of this
chapter or the relevant zoning ordinances and may refuse to issue
a subsequent permit to the same applicant unless the Building Inspector
is satisfied that the applicant will comply with this chapter.
(d)
All
permits outstanding on the date of this section shall expire on the
earlier of their expiration date or one year.
[1]
Editor's Note: This ordinance also repealed former §
610.04, Keeping farm or wild animals, passed 4-8-1991 by Ord. No.
459.
[Added 5-24-2021 by Ord. No. 845]
No exotic animals may be kept in the City of Coldwater.
[Ord. No. 459,
passed 4-8-1991]
Every owner of an animal shall be liable for damages for any
and all injuries to persons or property caused by the animal, to be
determined and collected in appropriate civil proceedings, and nothing
contained in this chapter shall be construed so as to impose any liability
upon the City or its agents or employees for damages caused by the
animal.
[Ord. No. 459,
passed 4-8-1991]
No person shall own, keep or house any animal within the City
unless the person shall have complied with the laws of the State and
Branch County providing for the licensing and registration of the
animal.
[Ord. No. 459,
passed 4-8-1991]
No person shall own, keep or house any dog six months old or
older, or any other animal that requires licensing and registration,
that does not, at all times when the dog or animal is off the premises
of the owner, wear a collar or harness with a license tag issued pursuant
to the laws of the State and Branch County.
[Ord. No. 459,
passed 4-8-1991]
Any lot or premises on which three or more dogs, cats or other
household pets are either permanently or temporarily boarded for remuneration
is considered to be a commercial kennel, and shall be subject to the
rules, regulations and licensing requirements related thereto.
No owner of any female dog shall permit that female dog to go
beyond the premises of the owner when she is in heat, unless the female
dog is held properly in leash, and no owner shall allow any dog to
stray beyond his or her premises unless it is under the reasonable
control of some person. For purposes of this chapter, a dog shall
be deemed to be under "reasonable control" when the dog is on leash,
in an enclosed vehicle or container, or with the owner, or some member
of the owner's family, or some other person with the permission of
the owner, provided the dog is amenable to orders and comments of
the person in charge thereof.
[Added 5-24-2021 by Ord. No. 845]
(a)
Neither
the owner nor any person in charge of any dog shall suffer or allow
the dog to excrete, soil, defecate or commit any nuisance upon any
public property, thoroughfare, sidewalk, passageway, play area, park
or other area open to the public, or upon any private property other
than the private property of said owner or person in charge.
(b)
The
owner and/or person in charge of any dog shall be responsible for
the immediate removal and disposal of any excrement deposited by the
dog upon any public or private property not private property of the
owner or person in charge of the dog.
(c)
The
provisions of this section shall not apply to guide dogs while in
the use of and providing assistance to a blind person.
[Ord. No. 459,
passed 4-8-1991]
No person shall own, possess, shelter, keep or harbor any animals
in the City under such conditions or in such a manner as to create
a nuisance by way of noise, odor, menace to health, destruction of
property, trespassing on the property of others or otherwise.
[Ord. No. 459,
passed 4-8-1991]
No person shall own, keep, house or have charge of any animal
which, by loud or frequent or habitual barking, crying, yelping or
howling, becomes a nuisance.
[Ord. No. 459,
passed 4-8-1991]
No person shall own or harbor a fierce or vicious animal.
It shall be the duty of any person owning or harboring an animal
which has been attacked or bitten by another animal showing symptoms
of rabies or known to have rabies, to immediately notify the Police
Department or the District Health Officer that he or she has the animal
in his or her possession, and he or she shall comply with all lawful
orders and requirements of the Police Department and the District
Health Officer.
[Ord. No. 459,
passed 4-8-1991]
It shall be the duty of the Coldwater Police Department to impound
any diseased or abandoned animal, or any animals other than dogs which
are running at large and which are creating a nuisance by way of noise,
odor, menace to health or otherwise. It shall also be the duty of
the Coldwater Police Department to impound any dog found running at
large in the City not under the control of the owner or keeper, contrary
to the provisions of this chapter. The Coldwater Police Department
is hereby authorized to assist or call upon the Branch County Dog
Warden or the Branch County Animal Control Officer in executing the
provisions of this chapter.
[Ord. No. 459,
passed 4-8-1991]
(a)
On a sworn Complaint to the District Court that any one of the following
facts exists:
(1)
An animal, licensed or unlicensed, has attacked or bitten a
person without provocation;
(2)
An animal, licensed or unlicensed, has destroyed the property
or habitually caused damage by trespassing on the property of a person
who is not the owner of the animal; or
(3)
An animal, licensed or unlicensed, has shown vicious habits
or has molested a person when lawfully on public property;
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then the District Court Magistrate or Judge shall issue a summons against the owner of the animal, commanding him or her to appear before the Court and show cause why the animal should not be destroyed or confined. The issuance of a summons under this section shall not preclude confinement of the animal under Section 610.19; however, upon the issuance of a summons under this section, the alternative confinement method provided for in Section 610.21 shall not be advisable.
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(b)
The aforesaid summons shall be made returnable not less than two,
nor more than six, days from the date thereof and shall be served
at least two days before the time of the appearance mentioned therein.
Upon the return day fixed in said summons, the Court shall proceed
to determine whether the animal has at any time committed any of the
acts set forth in paragraphs (a)(1) to (3) hereof.
If the Court so finds, the Court shall forthwith either order the animal confined to the premises of the owner or order the Chief of Police to cause the animal to be destroyed. The Court also shall order payment of the cost of the proceeding against the owner, as well as the costs of confinement of the animal if the animal has been confined under Section 610.17 or Section 610.19. Nothing in this section shall preclude the imposition of penalties under Section 610.99.
[Amended 5-24-2021 by Ord. No. 845]
Any person who has in his or her possession an animal which
has contracted rabies, or which has been subjected to the same, or
which is suspected of having rabies, or which has bitten any person,
shall, upon the demand of the Police Department or of the District
Health Officer, produce and surrender up the animal to the Police
Department or District Health Officer, to be held in a licensed kennel
of a licensed veterinarian, for treatment and observation for a period
of 10 days. In lieu of the delivering up of the animal as aforesaid,
the person shall have the option of delivering the animal to an approved
kennel, there to be held for treatment and observation for the ten-day
period, and shall furnish to the Police Department written evidence
that the animal has been so delivered.
[Ord. No. 459,
passed 4-8-1991]
(a)
An alternative confinement method shall be available for an animal that has bitten a person when the animal was confined to its owner's premises and at the time of the occurrence had a valid license attached to a collar around its neck and was properly immunized against rabies. However, this section shall not be operative if the person bitten (or his or her parent, if the person bitten was a minor) requests in writing the standard confinement method provided in Section 610.19.
(b)
The owner of an animal wishing to take advantage of this alternative confinement method shall keep the animal properly confined within the house or within a fenced enclosure for the full ten-day period. The Police Department or Health Officer shall have the right to check to see if the animal is so confined. If the animal is not so confined, it shall immediately be delivered up by its owner for the remainder of the ten-day period as provided in Section 610.19.
[Ord. No. 459,
passed 4-8-1991; amended 5-24-2021 by Ord. No. 845]
(a)
No animal shall be released from the Branch County Dog Warden, the Branch County Animal Control Officer or a licensed kennel under the provisions of Section 610.22, unless the owner or his or her authorized agent shall pay a fee set forth in the following schedule:
(1)
For the release of a licensed animal properly immunized against rabies,
or for the release of an animal not required to be licensed but properly
immunized against rabies, the sum of $20 shall be paid to the Police
Department; and
(2)
The fee for boarding the animal as set by the provider of that service.
(b)
No
animal shall be released from the impounding unless it is properly
immunized and licensed, if required. The cost of the immunization
and licensing shall be paid by the owner in addition to the fees set
forth in this section. The $20 fee so charged shall go into the General
Fund of the City, and board charges collected shall be remitted to
the person providing authorized confinement for the animal.
All animals placed in the custody of the Branch County Dog Warden
or Branch County Animal Control Officer shall be held and/or disposed
of in accordance with State law.
[Ord. No. 459,
passed 4-8-1991]
The Chief of Police of the City is hereby authorized to require
that any animal be quarantined, or that quarantine be established
in the City for any defined period, when in his or her opinion such
measures are necessary in order to protect the health of the inhabitants
of the City.
[Ord. No. 459,
passed 4-8-1991; Ord. No. 700, passed 1-23-2006]
The Police Department of the City, the Branch County Animal
Control Officer or the Branch County Dog Warden may, upon witnessing
violations of this chapter which require impounding the animal and
where it is impractical or impossible to impound the animal, issue
to the owner of the animal a written notice of the violation. The
owner of the animal may, within 72 hours, present the notice to the
Violations Bureau in the City, and there pay the penalties which would
have been imposed had the animal been impounded, with the exception
that only the minimum charge for board of the animal shall be made.
If the owner of the animal shall fail to appear within said 72 hours,
the person issuing the notice shall forthwith file a complaint in
District Court and secure a warrant for the arrest of the owner of
the animal. All further proceedings shall be had in accordance with
the rules and regulations and practice of District Court. Payment
of any penalty in accordance with the provisions of this section shall
be deemed full satisfaction for the violation.
In the event that the violation notice is issued by the Branch
County Dog Warden, the Dog Warden shall be entitled to receive the
sum of $1.50 for each violation notice issued upon presentation of
his or her statement to the office of the City Clerk at the end of
each calendar month. The Violations Bureau shall remit all money collected
under this chapter to the office of the City Clerk for credit to the
General Fund of the City.
[Ord. No. 459,
passed 4-8-1991]
If any person shall be guilty of more than one violation of
this chapter within any calendar year, it shall be the duty of the
person witnessing any subsequent violation to file a complaint in
District Court, and the owner shall not be permitted to settle the
subsequent violation by payment of impounding fees as hereinabove
provided.
[Ord. No. 500,
passed 12-12-1994; amended 5-24-2021 by Ord. No. 845]
The Director of Police and Fire Services or his or her designated representative is hereby designated as the authorized City official to issue municipal civil infraction citations directing alleged violators to appear in court for violations so designated as provided in Chapter 211 of the Administration Code.
[Ord. No. 500,
passed 12-12-1994; amended 5-24-2021 by Ord. No. 845]
A person who violates § 610.12 or § 610.14 is responsible for a municipal civil infraction and shall be subject to the payment of a civil fine of not less than $25, plus costs and other sanctions, for each infraction. A second offense, within a period of 90 days, shall be subject to a civil fine of not less than $50, plus costs and other sanctions, for each infraction. Third and subsequent offenses, within 90 days, shall be subject to a civil fine of $100, plus costs and other sanctions, for each infraction.
