Township of Park, MI Chapter 6 Animals

Sec. 6-1 Definitions.

[Ord. No. AC-1, 11-10-1994; Ord. No. AC-2, 4-8-1999]

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:

ANIMAL

Any living, vertebrate creature, domestic or wild, not including man.

ANIMAL CONTROL OFFICER

Any person designated by the Township to enforce the provisions of this chapter or any law enforcement officer empowered to enforce municipal ordinances.

AT LARGE

Any animal which is off the premises of the owner, and not under the direct control of the owner or a member of his immediate family or other responsible person, by means of a leash, cord, chain, or other such restraint.

DANGEROUS ANIMAL

Any animal which, without provocation, attacks or injures a person who is peaceably conducting himself in any place where he lawfully may be. The term "dangerous animal" shall also include any animal which, because of its size, vicious propensity or other characteristic, would constitute a danger to human life, property, or domestic animals if not restrained or kept in a safe manner.

DOG

Any animal of the family Canidae, of either or no sex and of any age.

HOUSEHOLD PET

An animal that is commonly kept and housed inside a residential dwelling unit as a domestic, household pet. The term "household pet" includes cats, dogs, fish, gerbils, household birds within small cages, rabbits, and other domestic animals under 20 pounds in weight but shall not include livestock, whether or not they are intended to be kept as a pet.

KENNEL OPERATOR

Any person who operates an establishment defined as a kennel in the zoning regulations of Chapter 38, other than a pound or animal shelter.

LIVESTOCK

Any species of animals used for human food and fiber, or those species of animals used for service to humans, except for fish or rabbits when kept as household pets. The term "livestock" includes, but is not limited to, cattle, sheep, new world camelids (i.e., llamas), goats, bison, captive cervidae (i.e., deer), ratites (i.e., ostrich), swine, equine (i.e., horses), and poultry.

OWNER

Any person who has a right or property interest in an animal, who keeps or harbors an animal, who has an animal in his care, who acts as custodian of an animal, or who knowingly permits any domestic animal to remain on or about any premises occupied by him.

PET SHOP OPERATOR

Any person who operates an establishment, other than a pound or animal shelter, where animals are sold, offered for sale, exchanged, or offered for adoption with or without charge. A person who sells, offers to sell, exchanges or offers for adoption only such animals that he has produced or raised shall not be considered a pet shop operator.

PUBLIC NUISANCE

Any animal which:

(1) Chases passersby or passing vehicles;

(2) Attacks other animals;

(3) Is at large three or more times within a year's time;

(4) Damages private property; or

(5) Barks, howls, cries, or runs at large, so as to disrupt the peace of the neighborhood.

RESTRAINT

An animal shall be deemed under restraint if:

(1) It is under the control of its owner or other responsible person by means of a leash, cord, rope, strap, chain, or lead held by such owner or person and securely fastened to the collar or harness attached to the animal; or

(2) It is securely enclosed, confined, or restrained on premises where it lawfully may be so as to be unable to enter upon the public way or to molest persons lawfully using the public way.

Sec. 6-2 Keeping or housing — Generally.

[Ord. No. AC-1, 11-10-1994]

The keeping of household pets, including cats, dogs, household fish and household birds, and other animals shall only be permitted within the Township as is authorized by the zoning regulations in Chapter 38.

Sec. 6-3 Same — Prohibited acts; conditions.

[Ord. No. AC-1, 11-10-1994; Ord. No. DC-02, 5-9-2002]

(a) Prohibited acts. It shall be unlawful for any owner to keep, harbor or have charge of, any animal, whether licensed or unlicensed, when any one or more the following facts exist:

(1) The animal has an ugly or vicious disposition, shows vicious habits and has molested any person or animal lawfully in or upon any public street or place. For purposes of this section, an animal who has bitten or attacked another person shall be rebuttably presumed to be vicious;

(2) Such animal has attacked or bitten any person or animal, or has destroyed any property or domestic animal;

(3) The animal, by destruction of property or trespassing upon the property of others, has become a nuisance in the vicinity where kept;

(4) No person shall permit any dog, when under that individual's control or when on that individual's premises or on premises under his control, to become a nuisance to others by loud barking, howling, or yelping, provided that any complaint on this fact shall be made by not less than two persons from two separate households; or

(5) The animal appears to be suffering from rabies or affected by hydrophobia, mange or other infectious or dangerous disease.

(b) Running at large. No person shall cause or permit any dog kept by him to run at large within the Township. Dogs which are on any street, alley or sidewalk, or any other public place, without being held securely on a leash, shall be deemed to be running at large. It shall be unlawful to permit any dog to run at large on the property of another without the permission of the owner of that property.

(c) Unwanted animals. No owner may abandon an animal. Unwanted animals shall be offered to responsible persons for adoption or to an animal shelter. If an unwanted animal is not accepted by an animal shelter, the animal shall be humanely dispatched by a licensed veterinarian.

(d) Keeping of wild animals. No person shall keep or permit to be kept on his premises any wild animal as a pet or for display or exhibition purposes unless he has obtained a permit from the state authorizing such activity. This subsection shall not apply to performing animal exhibitions or circuses. An animal control officer shall have the power to release or order the release of any wild animal capable of surviving in the wild and/or turn such animal over to any agency authorized by the state to house wildlife.

(e) Keeping dangerous animals.

(1) No person shall permit any dangerous animal to be on any private or public property, other than the owner's property, unless such animal is securely muzzled or caged. Adequate safeguards shall be taken to prevent unauthorized access to a dangerous animal on the owner's premises by persons unlawfully on the premises.

(2) Whenever an animal control officer determines upon personal observation or investigation that an animal is a dangerous animal as defined in this chapter, the officer shall notify the owner of the animal in writing of the determination, the reasons for the determination, and the requirements of this section regulating the keeping of dangerous animals.

(3) Any dangerous animal running at large which constitutes a danger to persons or property and which cannot safely be taken or impounded may be destroyed by an animal control officer; provided, however that in all cases where the animal has seized or bitten any person or animal with its teeth or jaws so as to cause a puncture or abrasion of the skin, or where the animal is suspected to be rabid, no injury should be done to the head of the animal and it is the duty of the person slaying said animal to immediately deliver the carcass to an animal control officer or a licensed veterinarian.

(f) Diseased animals. It shall be unlawful for an owner to permit a domestic animal afflicted with a contagious disease to run at large or to be exposed in any public place whereby the health of any other animal or man may be affected.

(g) Order to show cause why animal should not be destroyed. The animal control officer may issue a citation for a violation of this section or a complaint may be filed in the Ottawa County district court and such district court shall thereupon issue a summons to the owner of such animal to show cause why the animal should not be killed or otherwise disposed of as ordered by the court. Upon hearing, the district court judge upon finding that one or more of the facts as set forth in this section exists, shall order such animal to be killed or otherwise disposed of as ordered by the court. All costs incurred for the disposition of the animal shall be paid by the owner. Such action shall be in addition to any penalty imposed pursuant to Section 1-12.

(h) Animals are prohibited on any unimproved public right-of-way that ends at Lake Michigan. For purposes of this subsection, "unimproved right-of-way" shall have the meaning as set forth in § 28-85 of this Code of Ordinances.

[Added 5-14-2015 by Ord. No. 2015-1[1]]

[1] Editor's Note: Section 3 of this ordinance sets forth the penalties for violations of this subsection. A complete copy of the ordinance is on file in the Township offices.

Sec. 6-4 Sanitary and health conditions.

[Ord. No. AC-1, 11-10-1994; Ord. No. DC-2, 4-8-1999]

All kennel operators, pet shop operators, animal shelters, and keepers of livestock shall:

(1) Maintain sanitary conditions in areas where animals are kept for any period of time, including the prompt removal of animal waste;

(2) Provide sufficient and proper ventilation in all areas were animals are kept for any period of time;

(3) Provide adequate nutrition for all animals;

(4) Take reasonable care to prevent the transmission of disease, including necessary veterinary care; and

(5) Follow all other applicable state or federal statutes, rules and regulations regarding the keeping of animals.

Sec. 6-5 Care and treatment of animals.

[Ord. No. AC-1, 11-10-1994]

(a) Humane care. No person shall cruelly treat, beat, torment, overload, overwork, or otherwise abuse any animal. No owner of an animal shall fail to provide such animal with sufficient and wholesome food and water, proper shelter, and protection from the weather, veterinary care when necessary to prevent suffering, and humane care and treatment.

(b) Inhumane treatment. No person shall cause any animal to be subjected to cruel or inhumane treatment, including, but not limited to:

(1) The unnecessary separation of a female animal from its offspring before such time as the offspring can survive such separation;

(2) Painting, dyeing, or otherwise coloring any animal as a novelty or offering such animal for sale, exchange, or adoption;

(3) Promoting, inciting, or conducting animal fights or the intentional killing of animals for wagering or entertainment;

(4) Keeping an animal in any container or other enclosed area without sufficient food, water, light, ventilation, and care for an unreasonable length of time so as to cause undue discomfort or suffering;

(5) The unnecessary killing of any species of animal except rat, mouse, mole, or vole; and

(6) The transporting of any living animal on the running board, fenders, hood, or other outside part of any vehicle unless suitable harness, cage or enclosure is provided so as to protect such animal from falling or being thrown therefrom.

Sec. 6-6 Permitting dog to soil public or private property.

[Ord. No. DS-1, 11-10-1994]

(a) It shall be unlawful for any person owning or having charge, care or control of any dog to allow or permit such dog to soil any public or private property other than that of the owner, keeper, custodian or person having control of such dog without promptly removing or disposing of, in a sanitary manner, any excreta deposited by a dog upon any public or private property.

(b) This chapter shall not apply to an owner of a leader, guide, hearing or service dog.

(c) Any person who shall violate a provision of this chapter, or shall to fail to comply with any of the requirements thereof, shall be responsible for a municipal civil infraction.