[HISTORY: Adopted by the Township Board of Trustees of the
Charter Township of Pittsfield as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-25-2015 by Ord. No. 317 as Ch. 4, Art. I, of the 2015 Pittsfield
Charter Township Code]
A.
Hunting
for a wild animal or wild bird with a firearm or bow and arrow or
the discharge of a firearm or bow and arrow is prohibited within the
following described area in the Township:
Beginning in the northeast corner of Section 1, T3S, R6E; thence
southerly on the east Township line to the intersection with Interstate
94; thence westerly to the intersection of Interstate 94 and the centerline
of Ellsworth Road; thence westerly on the centerline of Ellsworth
Road to the centerline of Lohr Road; thence northerly on the centerline
of Lohr Road to Interstate 94; thence northwesterly to the north Township
line in Section 6, T3S, R6E; thence easterly on the north Township
line and continuing easterly to the point of beginning.
B.
Excepted
from this described area are all lands situated within the corporate
limits of the City of Ann Arbor. This section shall not apply to the
discharge of firearms at target ranges under permit as may be authorized
by the local unit of government, pursuant to Public Act No. 57 of
1995 (MCL 324.41901 et seq.) and Public Act No. 306 of 1969 (MCL 24.201
et seq.).
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:
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.
Any living, vertebrate creature, domestic or wild, not including
a human being.
Any police officer, Ordinance Enforcement Officer or a county
animal control officer designated by the Township to enforce the provisions
of this article.
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.
Off the owner's premises and not under the control of
the owner or another responsible person.
Any animal in the feline family, of either sex or of any
age.
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.
Any animal in the canine family, of either sex or of any
age.
An animal kept as a pet, including, but not limited to, all
dogs and cats.
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.
Failure to sufficiently or properly care for an animal to
the extent that the animal's health is jeopardized.
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.
Any corporation, partnership, limited liability company,
association or other legal entity, as well as a natural human being.
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.
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.
Any animal which:
Chases pedestrians or passing vehicles;
Attacks other animals;
Is at large three or more times within a year's time;
Damages private property; or
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.
An animal shall be deemed under restraint if:
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.
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.
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.
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.
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.
A.
Prohibited
acts. It shall be unlawful for any owner to keep, harbor or have charge
of any domestic animal, whether licensed or unlicensed, when any one
or more of the following facts exist:
(1)
The animal has a vicious disposition, shows vicious habits and/or
has molested any person or animal lawfully in or upon any public or
private street or place;
(2)
The domestic animal has attacked or bitten any person who was peaceably
conducting himself in any place he may lawfully be or has destroyed
any property or other domestic animal;
(3)
The domestic animal appears to be suffering from rabies, mange or
other infectious or dangerous disease;
(4)
The domestic animal, by destruction of property or trespassing upon
the property of others, has become a nuisance in the vicinity where
kept as witnessed by an animal control officer or any two persons
from two separate households in the vicinity where the domestic animal
is kept; or
(5)
The domestic animal, by loud barking, howling, yelping, whining,
meowing or other sound, has become a nuisance in the vicinity where
kept, as witnessed by an animal control officer or any two persons
from two separate households in the vicinity where the domestic animal
is kept.
B.
Running
at large. No person shall cause or permit any animal kept by him to
run at large within the Township. Animals which are off the owner's
property, whether on public or private property, without being under
the control of the owner or other responsible person, shall be deemed
to be running at large. It shall be unlawful to permit any animal
to run at large on the property of another without the permission
of the owner of that property.
C.
Animal
waste. The owner of every animal shall be responsible for the removal
of any fecal matter deposited by his animal on public property, public
easements or private property, before leaving the immediate area.
D.
Keeping
of wild animals. No person shall keep or permit to be kept on his
premises any wild animal such as, but not limited to, bear, deer,
snakes, large reptiles or large members of the cat family as a pet
or for display or exhibition purposes, unless he has obtained all
required permits from the state authorizing such activity and complies
with the Zoning Ordinance the Township. 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 surrender the
animal to any agency authorized by the state to house wildlife.
E.
Keeping
of 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 and which cannot safely be
taken or impounded may be destroyed by an animal control officer;
however, in all cases where the animal has seized or bitten any person
or animal 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.
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 person
may be affected.
G.
Abandoned
or unwanted animals. It shall be unlawful to abandon an animal or
cause an animal to be abandoned, in any place, without making provisions
for the animal's adequate care, unless the premises is temporarily
vacated for the protection of human life during a disaster. An animal
that is lost by an owner or custodian while traveling, walking, hiking
or hunting shall not be regarded as abandoned under this section when
the owner or custodian has made a reasonable effort to locate the
animal. Unwanted animals shall be offered to an animal shelter. If
an unwanted animal is not accepted by an animal shelter, the animal
shall be humanely destroyed by a licensed veterinarian.
H.
Order to show cause why animal should not be destroyed. An animal control officer may issue a citation for a violation of this section or a complaint may be filed in the District Court of the county, and the District Court shall issue a summons to the owner of such animal to show cause why the animal should not be killed or otherwise disposed of. Upon hearing, the District Court Judge, upon finding that one or more of the facts as set forth in this section exists, shall order the 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 § 4-11.
A.
Humane care. No person shall cruelly treat, beat, torment, overload,
overwork or otherwise abuse any animal. No owner of an animal shall
neglect or fail to provide such animal with adequate care.
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
for purposes of 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)
Except where taken by legal hunting, trapping or fishing methods,
the unnecessary killing of any species of animal except rat, mouse,
mole, vole or other animal not protected by law; 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.
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.
