[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;
(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.
[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.
[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]
[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.
[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.
[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.