[Code 1975, § 6-20; Code 1992, § 5-36]
It shall be unlawful for any person owning, possessing or harboring
any dog to suffer or permit the dog to run at large within the City
limits. A dog on a leash or accompanied by its owner or custodian
having reasonable control of such dog shall not be deemed to be running
at large.
[Code 1975, § 6-21; Code 1992, § 5-37]
No person shall harbor or keep any dog which, by loud and frequent
or habitual barking, yelping or howling, shall cause serious annoyance
to the neighborhood or to people passing to and fro upon the streets.
[Code 1975, § 6-22; Code 1992, § 5-38]
(a)
It shall be the duty of the Animal Control Officer to investigate complaints made under §§ 8-41 and 8-42 and to determine whether or not such complaints are founded upon fact and whether or not violations of such sections do in fact exist. The Animal Control Officer or any person may make complaint to a Judge of the District Court that any one of the following facts exists:
(1)
Any dog at any time, licensed or unlicensed, has destroyed property or habitually trespasses in a damaging way on property of persons other than the owner or is running at large as described under § 8-41 or is found to be upon premises where it is forbidden to be.
(2)
Any dog is, by loud and frequent or habitual barking, yelping or
howling, causing serious annoyance to the neighborhood or to people
passing to and fro upon the streets or has become a nuisance.
(3)
Any dog at any time, licensed or unlicensed, has attacked or bitten
a person.
(4)
Any dog shows vicious habits and molests passersby when lawfully
on the public streets.
(b)
Upon receipt of a complaint under this section, the Judge shall issue a summons directing the owner of the dog to show cause why such dog should not be destroyed for the violations mentioned in Subsection (a) of this section, such summons to be returnable in not less than two nor more than six days, provided service shall be made upon the owner not later than two days before the return date thereof. Upon such hearing, the Judge may either order the dog destroyed or may order the owner to confine the dog to the premises. It shall be unlawful for any person to violate any such order.
(c)
Officers, employees and other individuals employed by and in the
service of the City who are authorized by state law and this Code
to enforce the sections of this Code, including but not limited to
the Zoning and Code Enforcement Officers, Building Inspectors, Fire
Chief, Deputy Fire Chief, Fire Lieutenant, Fire Marshal, Fire Inspector,
Fire Technician Specialist and their assistants, are hereby specifically
authorized in accordance with state law, including MCL 764.9c, to
issue and serve upon a person an appearance ticket. This authorization
is contingent upon the authorizing person having reasonable cause
to believe that the person has committed a violation of this Code
or state law. This authorization is not granted where the issuance
of such an appearance ticket is expressly prohibited by this Code
or applicable state law.
[Code 1975, § 6-23; Code 1992, § 5-39]
(a)
It shall be the duty of the Animal Control Officer and every police
officer to promptly seize, take up and place in such pound as is provided
for by the City or the county all dogs found running at large contrary
to this article.
(b)
The Animal Control Officer and police officers shall enforce §§ 8-41 and 8-42 by seizing and picking up and impounding any dog against which reasonable complaint has been made for a violation of such sections, such dog to be impounded pending action under § 8-43. A dog shall be impounded under this subsection only if no person is at home at the premises where the dog is being harbored and only after the Animal Control Officer or police officer has made a concentrated effort to locate the owner of the dog.
[Code 1975, § 6-24; Code 1992, § 5-40]
(a)
No person owning or having custody or control of a dog shall knowingly
or through failure to exercise due care or control permit the dog
to defecate on public property or on private property without the
consent of the property owner or occupant thereof.
(b)
A person owning or having custody or control of a dog shall be responsible
for the removal of any excrement (dog feces) eliminated by such dog
on public property or private property of another without consent
of the property owner or occupant thereof. It shall be a violation
of this section for the person owning or having custody or control
of the dog to fail to remove or provide for the removal, in a sanitary
manner, of such excrement (dog feces) before taking the dog from the
immediate area where such excretion occurred.
(c)
If a violation of this section occurs, the Animal Control Officer or a police officer may issue an appearance ticket or citation or summons to the person owning or having custody or control of such dog providing for such person to appear before the appropriate court within the county to answer the charge made in the violation of this section. Penalty for violation of this section shall be as provided for under § 1-16.
(d)
Any person using a guide, hearing or service dog shall be exempted
from the requirements of this section.
[Code 1975, § 6-26; Code 1992, § 5-42]
(a)
Prohibited. It shall be unlawful for any person owning, possessing
or harboring any dog to suffer or permit the dog to be upon the following
described premises:
(1)
The Krafft Road public right-of-way lying between the westerly water
edge of Lake Huron and a point 292 feet east of the east line of Gratiot
Avenue.
(2)
The Holland Avenue public right-of-way lying between the westerly
edge of Lake Huron and the east right-of-way line of Conger Street.
(3)
The Ballentine Street public right-of-way lying between the westerly
edge of Lake Huron and the east right-of-way line of Conger Street.
(4)
The beach areas of the Lighthouse and Lakeside parks.
[9-12-2011 by Ord. No.
1326; 10-24-2011 by Ord. No. 1334]
It shall be unlawful for any person to own any dog six months
old or over, unless the dog is licensed as required pursuant to state,
county or City law, or to own any dog six months old or over that
does not at all times wear a collar with a tag approved by the Director
of Agriculture, as required pursuant to Michigan's Dog Law,[1] except when engaged in lawful hunting accompanied by its
owner or custodian; or for any owner of any female dog to permit the
female dog to go beyond the premises of such owner when she is in
heat, unless the female dog is held properly in leash; or for any
person, except the owner or authorized agent, to remove any license
tag from a dog; or for any owner to allow any dog, except working
dogs such as leader dogs, guard dogs, farm dogs, hunting dogs, and
other such dogs, when accompanied by their owner or his or her authorized
agent, while actively engaged in activities for which such dogs are
trained, to stray unless held properly in leash. Any person who violates
this section shall be guilty of a misdemeanor punishable by imprisonment
for not more than 90 days or a fine of not more than $100 or both.
[1]
Editor's Note: See MCLA § 287.261 et seq.
[9-12-2011 by Ord. No.
1326; 10-24-2011 by Ord. No. 1334]
The owner of a dog that is required to be licensed pursuant
to state, county or City law shall keep the dog currently vaccinated
against rabies by an accredited veterinarian with a vaccine licensed
by the United States Department of Agriculture. Any person who violates
this section shall be guilty of a misdemeanor punishable by imprisonment
for not more than 90 days or a fine of not more than $100 or both.
[9-12-2011 by Ord. No.
1326]
Any person who owns or harbors a dog(s), which is required to
be licensed pursuant to state, county or City law, shall produce proof
of a valid dog license for said dog(s) upon request from a City of
Port Huron police officer, a City of Port Huron Animal Control Officer
and/or any other law enforcement or Animal Control Officer. Any person
who violates this section shall be guilty of a misdemeanor, punishable
by up to 90 days in jail or a fine of not more than $100, or both.
[9-12-2011 by Ord. No.
1326]
(a)
If a person 18 years of age or older is responsible for controlling
the actions of a dog or wolf-dog cross and the person knows or has
reason to know the dog or wolf-dog cross has bitten another person,
the person shall immediately provide the person who was bitten with
all of the following information:
(b)
If a person 18 years of age or older is responsible for controlling the actions of a dog or wolf-dog cross and the person knows or has reason to know that the dog or wolf-dog cross has bitten another person, the person shall remain on the scene until the requirements of Subsection (a) of this section are fulfilled.
(c)
A person who violates this section is guilty of a misdemeanor punishable
by imprisonment for not more than 93 days or a fine of not more than
$500, or both.
(d)
This section does not apply if the person is bitten by a police dog.
As used in this subsection, "police dog" means a dog used by a law
enforcement agency of this state, county or of a local unit of government
of this state that is trained for law enforcement work and subject
to the control of a dog handler.
(e)
As used in this section, "dog" means an animal of the species Canis
familiaris or Canis lupus familiaris.
