[Adopted 2-25-2015 by Ord. No. 317 as Ch. 4, Art. I, of the 2015 Pittsfield
Charter Township Code]
The prohibition of §
4-1 of this article shall not apply to peace officers or members of any branch of the armed forces in the discharge of their proper duties.
Any person who shall violate the prohibition of this article shall upon conviction be punished in accordance with §
1-12 of the Township Code.
[Adopted 2-25-2015 by Ord. No. 317 as Ch. 4, Art. II, of the 2015 Pittsfield
Charter Township Code]
This article is adopted pursuant to the provisions of Public
Act No. 359 of 1947 (MCL 42.15 et seq.), as amended.
The purpose of this article is to provide for the preservation
of public peace and to protect the health, safety and welfare of Township
citizens by regulating the control of domestic animals by their owners.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
ADEQUATE CARE
The provision of sufficient food, water, shelter, sanitary
conditions and veterinary medical attention in order to maintain an
animal in a state of good health.
ANIMAL
Any living, vertebrate creature, domestic or wild, not including
a human being.
ANIMAL CONTROL OFFICER
Any police officer, Ordinance Enforcement Officer or a county
animal control officer designated by the Township to enforce the provisions
of this article.
ANIMAL POUND
Any animal shelter where a domestic animal may be impounded.
The animal pound may be maintained by the Township, by the humane
society or by any third party which operates an animal shelter and
which contracts with the Township.
AT LARGE
Off the owner's premises and not under the control of
the owner or another responsible person.
CAT
Any animal in the feline family, of either sex or of any
age.
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. "Dangerous animals" 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 in the canine family, of either sex or of any
age.
DOMESTIC ANIMAL
An animal kept as a pet, including, but not limited to, all
dogs and cats.
KENNEL OPERATOR
Any person who operates an establishment, other than an animal
shelter, where dogs and/or cats are maintained for boarding, training,
or similar purposes for a fee or compensation; or who sells, exchanges,
or offers for adoption with or without charge, dogs and/or cats which
he produced or raised.
NEGLECT
Failure to sufficiently or properly care for an animal to
the extent that the animal's health is jeopardized.
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 or possession,
who acts as custodian of an animal or who knowingly permits any domestic
animal to remain on or about any premises occupied by him.
PERSON
Any corporation, partnership, limited liability company,
association or other legal entity, as well as a natural human being.
PET SHOP OPERATOR
Any person who operates an establishment, other than an 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.
POLICE OFFICER
Any person employed by the Township or by the state or county
and whose duty it is to preserve the peace or to make arrests or to
enforce the law.
PUBLIC NUISANCE
Any animal which:
A.
Chases pedestrians or passing vehicles;
C.
Is at large three or more times within a year's time;
D.
Damages private property; or
E.
Barks, howls, yelps or runs at large, so as to disrupt the peace
of any person or resident who is peaceably conducting himself in any
place where he may lawfully be.
RESTRAIN/RESTRAINED
An animal shall be deemed under restraint if:
A.
It is under the control of its owner or other responsible person;
or
B.
It is securely enclosed, confined or restrained on the premises
where it may lawfully be so as to be unable to enter upon the public
way or to molest persons lawfully using the public way.
SANITARY CONDITIONS
Space free from health hazards, including excessive animal
waste, overcrowding of animals or other conditions that endanger the
animal's health. This definition does not include a condition
resulting from any customary and reasonable practice pursuant to farming
or animal husbandry.
SHELTER
Adequate protection from the elements and weather conditions,
suitable for the age and species of the animal, and maintains the
animal in a state of good health. A shelter may include structures
or natural features such as trees and topography.
STATE OF GOOD HEALTH
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.
WATER
Potable water that is suitable for the age and species of
the animal, made regularly available unless otherwise directed by
a veterinarian licensed to practice veterinary medicine.
WILD ANIMAL
Any animal caught or captured in the wild, the possession
of which requires a permit from the state. Any animal domestically
raised, for which a permit is required, shall also be classified as
a wild animal.
The keeping or housing of pets, including, but not limited to,
cats, dogs, household fish, birds, reptiles and other animals, shall
only be permitted within the Township as is authorized by this article
and the Zoning Ordinance of the Township.
No owner of any dog shall own, harbor, maintain, possess or
permit any dog to remain on such owner's premises within the
Township unless the owner shall have complied with the laws of the
state providing for the licensing and registration of the dog. Every
owner of a dog shall be required to provide the dog with a collar
to which the license tag issued for that dog shall be affixed. The
owner shall be responsible to see that the collar and tag are worn
by the dog constantly when it is off the owner's property.
Violation of this article shall be a municipal civil infraction subject to the penalties established by Chapter
2, Administration, Article
V, Municipal Civil Infractions; Civil Fines and Penalties, of this Code, except that violation of §
4-10B(3) shall be a misdemeanor subject to the penalties established by §
1-12. Each day a violation exists shall be deemed a separate offense. The imposition of any penalty shall not exempt the offender from compliance with the requirements herein.