[HISTORY: Adopted by the Township Board of the Charter Township
of Huron as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-12-1972 by Ord. No. 72-7 (Part 123 of the 1995 Compilation
of Ordinances)]
It shall be unlawful for any persons to ride a horse or pony
on the public highways, roads, sidewalks and/or side paths in a manner
to endanger or be likely to endanger life or damage property within
the unincorporated areas of the Township of Huron. Such practice is
hereby declared a nuisance.
It shall be unlawful for any person or persons to cause or permit
horses or ponies owned by them or under their custody and control
to be driven on any streets, sidewalks, or parkways or other property
in the unincorporated areas of the Township of Huron in a manner to
endanger or be likely to endanger persons or damage property or to
cause or permit horses or ponies owned by them or under their custody
and control upon any private property without the consent of the owner,
or to cause or permit horses or ponies to be ridden along the streets
or public highways in the unincorporated areas of the Township more
than two abreast and any person using or allowing horses or ponies
to be used contrary to the provisions of this section shall be deemed
in violation thereof.
Any person or persons having the care or control of any riding
stable or place where horses or ponies are kept or maintained for
public or otherwise, shall not permit any person to use his horses
or ponies outside the limits of his property earlier than 1/2 hour
before sunrise or later than 1/2 hour after sunset, and then under
direct supervision of the stable owner or delegated representative,
as in the case of supervised trail rides.
Any person or persons having the care and control of any riding
stable or place where horses or ponies are kept or maintained for
use by the public or otherwise shall secure a license from the Township
of Huron for such purpose and before issuing such license the Township
shall require any applicant to keep a record for at least 30 days
the names, addresses of all riders permitted by him to use his horses
or ponies or horses and ponies under his care together with a record
of the time when each and every animal is rented, used or ridden and
failure to comply herewith, to keep stables and property in a clean
and sanitary condition, to permit the use of his horses and ponies
or the use of his property and stable facilities at times other than
permitted by this article shall be deemed in violation hereof.
The license fees to be paid and any charges or expenses incidental
to the enforcement of this article to be paid by such licensee shall
be in such amount or amounts as follows:
It shall be unlawful for any person or persons to cause or permit
horses or ponies owned by them or under their custody and control
to be at large on any streets, sidewalks, parkways or other property
in the unincorporated areas of the Township of Huron or upon the property
of any other person and any animal found in violation of this section
shall be subject to impoundment as provided by law.
[Amended 2-14-1996 by Ord. No. 96-1]
A.
A person found to be in violation of this article by an admission
of responsibility to the Charter Township of Huron Municipal Violations
Bureau shall be deemed responsible for a municipal civil infraction
violation. The fine for a first civil infraction violation shall be
in accordance with the schedule of fines established by the Township
Board.
B.
A person found to be in violation of this article by an admission
of responsibility to the Charter Township of Huron Municipal Violations
Bureau and having been found responsible or guilty of a violation
of this article within the preceding five years shall be responsible
for a municipal civil infraction and shall pay a fine in accordance
with the schedule of fines established by the Township Board for a
second offense.
C.
A person found responsible by a 34th District Court judge or magistrate
for a violation of this article shall pay a fine not to exceed $500
plus costs of not less than $9 nor more than $500 and may include
all expenses, direct and indirect, which plaintiff has incurred, up
to entry of the judgment in accordance with 1961 PA 236, as amended,
the "Act."[1] Additionally, the court may issue and enforce this article
in accordance with Section 8302 of the Act.[2]
D.
A person found to be in violation of this article and having been
found responsible or guilty of a violation of this article twice within
the preceding five years shall be deemed guilty of a misdemeanor and
shall be imprisoned for not more than 90 days or fined in an amount
not to exceed $500, or both such fine and imprisonment, plus such
costs as the court may deem appropriate. Such costs shall not be less
than $9 nor more than $500 and may include all expenses, direct and
indirect, to which the Township has been put in connection with the
municipal civil infraction, up to entry of judgment in accordance
with Section 8727(3) of the Act.[3]
[3]
Editor's Note: See MCLA § 600.8727(3).
E.
Each day in which a condition remains upon property which constitutes a violation of this article shall be considered and may be prosecuted as a separate violation. If a condition which constitutes a violation of this section remains unabated for 30 or more days, the Authorized Township Official may issue a misdemeanor citation punishable as provided in Subsection C hereof.
F.
If a defendant fails to comply with an order or judgment issued pursuant
to this section within the time prescribed by the court, the court
may proceed under Section 8729, Section 8731 or Section 8733 of the
Act, as applicable.[4]
[4]
Editor's Note: See MCLA § 600.8729, 600.8731 or
600.8733, respectively.
G.
A defendant who fails to answer a citation or a notice to appear
in court for a municipal civil infraction is guilty of a misdemeanor.
[Adopted 10-10-2001 by Ord. No. 01-05]
This article shall be known and may be cited as the "Animal
Control Ordinance of the Township of Huron, Wayne County, Michigan."
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, exercise, and veterinary medical attention in order to
maintain an animal in a state of good health.
Professional sterilization procedures performed by a veterinarian
that renders a dog, cat or ferret incapable of reproducing.
Any mammal, domesticated and indigenous to the state and
not regarded as exotic.
Shall have such duties and powers as are provided in this
article and shall perform such other duties as may be assigned from
time to time.
A facility operated by the Township to impound and care for
animals found on streets or otherwise at large, contrary to the ordinances
of the Township or state law.
Adequate protection from the elements and weather conditions
suitable for the age, species and physical condition of the animal
so as to maintain the animal in a state of good health.
Includes the following terms: "private kennel," "boarding kennel,"
and "private stable," "boarding stable" and "pet shop."
Any animal that is off the property of his owner and not
under the control of a competent person.
The structure or building where a person keeps, cares for,
trains, handles, sells, breeds, maintains, or boards one or more dogs
or cats belonging in a proprietary sense to another for remuneration.
The structure, building or use on the premises of an owner
wherein horses, ponies or other equines are kept for boarding purposes
whether for a fee or for sale.
An animal that has an infectious or contagious disease as
determined by the State Commissioner of Agriculture, or the County
Health Department or where the animal has been in contact with an
animal that has been infected with a contagious or infectious disease.
Any animal that traditionally lives in a state of dependence
upon humans and has been traditionally kept as household pets such
as dogs, cats, ferrets, hamsters, gerbils, rabbits, parakeets, parrots,
canaries, love birds, finches, and noncarnivorous birds.
Any animal akin to the horse family, related to the family
of or resembling a horse.
Chickens, ducks, geese, and other kinds of birds, whether
domestic or exotic.
Any structure or building and fenced open area used for the
keeping, caring or maintaining of fowl or small animals.
Those horses or other types of equine used by the owner of
the premises or any member of his family for pleasure riding.
Shall apply to ponies, mules, jackasses, or other equines,
sheep, cows, goats, swine, poultry and rabbits.
Any building or structure used for the keeping, caring, handling,
maintaining, or boarding of livestock, whether in a proprietary sense,
as a business or as a means of livelihood.
When applied to a proprietor of an animal, means and includes
every person having the right of property of such animal and every
person who keeps or harbors such animal for a minimum of five days
or has in his care or possession such animal and every person who
permits such an animal to remain on or about any premises occupied
by him.
Any fenced open area used in conjunction with the ownership
or harboring of an animal.
A retail establishment other than a kennel wherein, only
such pets as may be commonly housed within domestic living quarters
are kept and offered for sale. This shall include commonly recognized
domesticated animals, birds, fish, and small reptiles. It shall also
include dogs, cats, rodents, and fowl of all types.
The structure, building, or use on the premises of the owner
where four or more dogs are kept for the purpose of hobbies, sporting
activity or merely in a proprietary sense.
The accessory building for the keeping of horses or other
equines by the occupants of the premises but not kept for hire or
sale.
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 a customary and reasonable practice pursuant to farming
or animal husbandry.
Includes the following terms: "private kennel," "boarding
kennel" and "private stable," "boarding stable" and "pet shop."
Applies to rabbits, rats, mice, guinea pigs or other fur-bearing
mammals, whether used and raised as a hobby or bred and sold for profit.
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.
The restraint and confinement of a dog by the use of a chain,
rope, or similar device.
Potable water that is suitable for the age and species of
animal made regularly available unless otherwise directed by a veterinarian
licensed to practice veterinary medicine.
Any animal not domesticated and being incapable by its nature
of being domesticated and is normally found in the wild, including
but not limited to: alligators, badgers, bears, beavers, bobcats,
cheetah, chinchilla, chipmunks, cougars, coyotes, doves, dog-wolves,
eagles, elk, foxes, hawks, jaguars, kangaroos, lions, lynx, monkeys,
mink, opossums, owls, porcupines, pot-belly pigs, prairie dogs, raccoons,
skunks, squirrels, tigers, wild turkeys, wolverines, wolves, wild
hybrids or the offspring of any animals that have been bred to a wild
animal. Poisonous and nonpoisonous reptiles, spiders and insects and
endangered species are included as well.
The Township Board shall appoint an Animal Control Officer who
shall have vested powers to enforce this article. The Animal Control
Officer shall have such duties and powers as are provided in this
article and shall perform such other duties as may be assigned to
him from time to time.
A.
It shall be unlawful for any person to own, possess or harbor a dog
or cat, four months or older, in the Township without having obtained
a license in compliance with the provisions set forth in this article.
If a person becomes the owner of a dog or cat that is four or more
months old and not licensed, he/she shall apply for a license within
30 days.
B.
A person allowing an unlicensed dog or cat to remain or be lodged
within his house, store, building, enclosure or premises for a period
of five days or more shall be considered to be harboring or keeping
the same within the meaning of this section.
C.
A person who owns or harbors a dog or cat shall produce proof of
a valid license under the provisions of the article upon the request
of a person authorized to enforce the provision of this article.
A.
Upon application properly filed with the Township Treasurer or designee,
there shall be issued to each applicant a license to own or harbor
a dog or cat, for the term commencing on the date of such license
and terminating on the first day of May following excepting as herein
otherwise provided.
B.
Applications for a license under this article shall state the full
name and address of the applicant and the breed, sex, age, color and
markings of the dog or cat for which the license is to be issued and
the name and address of the present owner of the dog or cat.
C.
The Township Treasurer shall at all times demand ample proof from
the applicant that the dog or cat to be licensed has been inoculated
for rabies.
D.
All applications for license shall be accompanied by proof of vaccination
of the dog or cat for rabies within the year preceding the date of
application; provided, however, when the dog or cat is vaccinated
with modified live rabies virus of chick embryo origin, proof of such
vaccination within two years preceding the date of application shall
be deemed in compliance herewith.
Upon proper application for license under this article, the
Township Treasurer or designee will provide applicant with a tag engraved
thereon the serial number of the license issued, the year when issued,
and the words: "License, Township of Huron, Wayne County, Michigan."
For each license or renewal, the Treasurer or designee will collect
from applicant and pay into the general fund of the Township a fee
as determined by the Township Board. The tag shall be changed each
year on the first day of May thereof. No other tag similar to that
provided by the Township shall be used on the collar of any dog or
cat. Duplicate tags upon due proof of the loss thereof shall be issued
by the Township Treasurer or designee provided at a cost to be determined
by the Township Board.
No license or license tag issued for one dog or cat shall be
transferred to another dog or cat. Whenever the ownership or possession
of any dog or cat is permanently transferred from one person to another
within this Township, the license of such dog or cat may be likewise
transferred upon notice given to the Township Treasurer or designee,
who shall note such transfer upon his record. This article does not
require the procurement of a new license or the transfer of a license
already secured when the possession of a dog or cat is temporarily
transferred for the purpose of hunting game or for breeding, trial,
or show in this Township.
Whenever a dog kennel shall be lawfully established, the keeper
or operator thereof may, in lieu of the individual license required
under this article, apply to the Township Treasurer or designee for
a kennel license entitling him to keep or operate such kennel. Such
license shall be issued by the Township Treasurer or designee and
shall entitle the licensee to keep a number of dogs and/or cats, four
months old or over not at any time exceeding 25. The fee to be paid
for each kennel license shall be determined by the Township Board.
With each kennel license, the Township Treasurer or designee shall
issue a number of tags equal to the number of dogs authorized to be
kept in the kennel. All such tags shall have engraved thereon the
serial number thereof and the words: "Dog License, Township of Huron,
Wayne County, Michigan" and kennel license tags for the same year.
Prior to the issuance of such license, approval shall be secured
from the Township Board as to location, area, and neighborhood of
such kennel. Any person who keeps or operates a shelter of any type
shall first obtain permission from the Planning Commission as provided.
A.
Fees for licensing of private kennels, private stables, pet shops,
boarding kennels, and boarding stables shall be as adopted by resolution
of the Huron Township Board.
B.
The license fees shall be paid to the Township Treasurer upon application
therefor.
C.
The fees paid to the Township Treasurer are nonrefundable and nontransferable.
All licenses for the operation of any kennel, boarding, or private,
boarding stable and pet shop shall expire upon the first day of May
of each year.
Failure to obtain new licenses on or before May 2 of each year
or within 10 days after the commencement of operation of any such
stable, kennel, or pet shop shall subject the owner or operator thereof
to the penalties otherwise prescribed by the terms of this article.
No person shall operate a boarding kennel, boarding stable,
animal shelter, pen, corral, pet shop, private kennel, private stable,
or livestock barn that is an annoyance to nearby residents and interferes
with the reasonable use and enjoyment of their property by reason
of noise, or unsanitary conditions.
A.
All kennels, stables, and pet shops shall comply with the minimum standards set forth by Chapter 530, Zoning, of the Township.
B.
The animals housed in kennels shall be cared for and maintained in
such a manner as to not constitute a nuisance as set forth in this
article.
C.
The kennel facility shall be constructed to prevent other animals
from gaining contact with animals lodged in the kennel.
A.
All pet shops shall be provided with proper sanitary receptacles
that can be cleaned and flushed.
B.
Before commencing any business of the pet shop, the proprietor shall
secure a certificate from the County Board of Health approving the
facilities of the pet shop. Thereafter, he/she shall comply with all
regulations and requirements of the County Board of Health. A copy
of the certificate shall be kept on the premises of the pet shop at
all times. Any license or certification required by this article shall
allow reasonable inspection by the Township Animal Control Officer
and also by the County Board of Health.
A.
It shall be the duty of any person owning, possessing or harboring any dog or cat, four months old or older to equip said dog or cat with a suitable collar or harness to which shall be securely attached the license tag described in § 129-13 of this article.
B.
No person shall remove the collar, harness, or tag from any dog or
cat without the consent of the owner of the dog or cat or the party
to whom the license is issued.
No person owning, possessing, or harboring any dog or cat, four
months old or older shall allow any dog or cat to run at large within
the limits of Huron Township. It shall not be unlawful to allow any
dog to run at large under the supervision of any person 17 years of
age or older when such person is lawfully engaged in the hunting of
small game during the period set aside for that purpose by the State
of Michigan. Further, it shall not be unlawful to allow such dog to
run at large under the supervision of any person 17 years of age or
older when such person is training or preparing said dog to be used
during the small-game-hunting season.
A.
No person shall keep or harbor an animal within the Township which
is known to kill, worry or injure livestock; to habitually and repeatedly
chase vehicles; chase, snap, attack or bark at pedestrians on the
public streets or walkways; turn over garbage pails or damage gardens,
flowers or vegetables or to generally conduct itself in such a manner
as to interfere with the reasonable use and enjoyment of property
owned by others.
B.
No person shall own, keep, or harbor any animal which has attacked,
bitten or scratched any person except in defense of his owner, family
or property or exhibits a vicious nature and habitually molests passers
by when lawfully on the public streets, regardless of whether or not
the animal is on the public highway.
No person owning or having custody or control of an animal shall
intentionally or through failure to exercise due care, permit the
animal to defecate on any public or private property (other than the
property of such person) unless such person immediately collects all
fecal matter deposited by the animal.
No person shall treat any animal in a cruel or inhumane manner.
No person shall willfully or negligently cause or permit any animal
to suffer unnecessary torture or pain. No person shall beat, kick,
hit, bite, burn, or in any other manner cause an animal to suffer
needlessly. No person shall confine a dog or cat on a chain for more
than four hours unless the chain is over 15 feet and allows the dog
free access to a suitable shelter and water.
No person shall:
A.
Fail to provide an animal with adequate care.
B.
Owning or harboring a bitch in heat, shall allow the same to run
at large within the limits of this Township.
C.
Carry or cause to be carried in or upon a vehicle or otherwise, any
live animal having the feet or legs tied together, other than an animal
being transported for medical care or a horse whose feet are hobbled
to protect the horse during transport or in any other cruel and inhumane
manner.
D.
Carry or cause to be carried a live animal in or upon a vehicle or
otherwise, without providing a secure space, rack, car, crate or cage
in which livestock may stand during transportation or while awaiting
slaughter. As used in this section, for purposes of transportation
of sled dogs, "stand" means sufficient vertical distance to allow
the animal to stand without its shoulders touching the top of the
crate or transportation vehicle.
No person shall abandon an animal or cause an animal to be abandoned
in any place without making provisions for the animal's adequate
care, unless premises are 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.
Any person allowing a dog or cat to remain or be lodged within
his or her house, store, building, enclosure, or premises for a period
of five days or more shall be considered as harboring or keeping the
same within the meaning of this article.
No person shall harbor or keep any dog or cat, which by loud
or frequent barking, yelping or howling shall cause serious annoyance
to the residents of the surrounding neighborhood or to persons passing
along the streets or highways. No person shall own or harbor a fierce
or vicious dog or cat that has been bitten by any animal known to
be rabid or any dog or cat which shall have bitten any person. Any
person who shall have in his or her possession a dog or cat which
is rabid or any dog or cat which has been bitten by another animal
which is rabid or any dog or cat which is suspected of being rabid
or any dog or cat which shall have bitten any person, shall upon demand
of the Township Animal Control Officer or any officer or employee
of the Township charged with the duty or responsibility of the enforcement
of this article, produce and surrender such dog or cat to the said
Township Animal Control Officer or employee to be held for observation
and treatment as hereinafter provided, that upon the approval of said
Township Animal Control Officer or designee, any such dog or cat may
be surrendered to a duly licensed veterinary or to any nonprofit corporation
organized for the purpose of sheltering dogs or cats. No owner or
person harboring or keeping any such dog or cat shall permit or allow
the animal to run at large at any time within the limits of this Township.
It shall be the duty of every person owning or harboring a dog or
cat which has been attacked or bitten by another dog or animal showing
the symptoms of being rabid to immediately notify the Township Animal
Control Officer or Police Department that they have such a dog or
cat in their possession. Whenever any rabid dog or cat or suspected
rabid dog or cat is held as provided in this article for a period
of 10 days and has not recovered from said disease, the Township Animal
Control Officer shall destroy such a dog or cat.
There is hereby established under the supervision of the Animal
Control Officer an animal shelter in which shall be impounded all
dogs and cats that may be found running at large or which may be unlicensed
in said Charter Township of Huron, all vicious, dangerous or diseased
dogs or cats and all dogs or cats owned, kept, possessed or harbored
contrary to the terms and provisions of this article. It shall be
the duty of all persons to immediately notify and turn over all such
stray dogs or cats kept or harbored in violation of the provisions
of the article, to the Animal Control Officer and all such persons
giving notice may temporarily confine said dog or cat until the Animal
Control Officer arrives.
It shall be the duty of the Animal Control Officer and every
other person appointed by the Township Board for the purpose of enforcing
any provision of this article, to promptly seize and place in the
animal shelter all dogs and cats that may be found running at large,
harbored or owned contrary to the provisions of this article. To the
person delivering any such dog or cat to the animal shelter a receipt
shall be given for each dog or cat, which receipt shall carefully
describe the same and shall state the hour and date of delivery.
No dog or cat shall be released from the animal shelter unless
the owner or person entitled to demand the same shall pay to the Animal
Control Officer or official designee, a fee as determined by the Township
Board, and shall furthermore procure a proper license for the dog
or cat if such dog or cat shall not already have been licensed. The
Animal Control Officer shall keep a careful record of all dogs and
cats received in the animal shelter with a description of each dog
and cat so impounded and the disposition of the same. The Animal Control
Officer shall pay to the Township Treasurer to be credited to the
general fund of the Township, all money received for the release of
all dogs and cats impounded and shall file a report with the Township
Clerk on the first day of every month showing the number and the sex
of all dogs and cats impounded during the preceding month and the
disposition of the same. The Animal Control Officer shall keep on
file all receipts of the Township Treasurer for all monies paid to
officer to be credited to the general fund of the Township.
The Animal Control Officer shall perform the following duties:
A.
The Animal Control Officer shall impound unlicensed dogs or cats
for a period of seven days following seizure thereof and unless such
dogs or cats are claimed and released within that period or are disposed
of as hereinafter provided in this section, the Animal Control Officer
shall destroy the animal in a humane manner as determined by the Michigan
Department of Agriculture.
B.
The Animal Control Officer shall impound licensed dogs and cats for
a period of seven days following seizure thereof and shall give notice
of such impounding by mail to the address appearing on the license
application within a period of 48 hours from the time of seizure.
Unless such dogs or cats are claimed and released within said seven-day
period or are disposed of as hereinafter provided in this section,
the Animal Control Officer shall destroy the animal in a humane manner
as determined by the Michigan Department of Agriculture.
C.
If in the Animal Control Officer's judgment, any impounded dog
or cat is valuable or otherwise desirable of keeping the officer may
dispose of said dog or cat to any person who will undertake to keep
and harbor the dog or cat in accordance with the provisions of this
article and who shall satisfy the Animal Control Officer that they
are capable of fulfilling such undertaking. Where two or more persons
desire a particular dog or cat, such dog or cat shall be sold to the
highest bidder of such persons provided however that no bid should
be less than the cost of the Township for keeping said dog or cat.
D.
No dog, cat, or ferret shall be sold or adopted from the Township Animal Shelter until it has first been altered or the owner has entered into a contract with the Animal Control Officer, in a form provided by the Animal Control Officer, for the alteration of the dog, cat, or ferret as provided in § 129-40. The Animal Control Officer may, upon approval of the Township Supervisor or designee, waive this requirement for exceptional circumstances such as value of the animal or possible harm if this procedure is done.
The bodies of all dogs or cats that have been destroyed under
and according to the provisions of this article shall be disposed
of in such manner as shall be prescribed by the Township Board.
It shall be unlawful for any person to harbor or hold for reward
or for any person other than the legal owner to procure a license
for any dog or cat which has strayed upon the premises of such person,
or any dog or cat which has been picked up on a public street or highway
or other public place unaccompanied by its owner or other responsible
person or any dog or cat which has been stolen from the owner, provided
that the provisions hereof against harboring and licensing a dog or
cat shall not apply to any nonprofit corporation organized for the
purpose of sheltering dogs or cats or to a legal purchaser of a dog
or cat from any such corporation.
Any person shall be liable for damages for any and all injuries
to persons or property that may be caused by any dog or cat owned
by them, which damages may be determined and collected in appropriate
civil proceedings therefore. In any such proceedings, the proof of
the failure or refusal by such owner to comply with the provisions
of this article shall constitute prima facie evidence of negligence
on the part of such owner.
The Animal Control Officer may capture or take into custody:
A.
Unlicensed dogs and cats.
B.
Dogs or cats without current rabies vaccination certificates.
C.
Dogs or cats which are running loose or which are not held properly
on a leash while off the owner's property.
D.
Stray, unwanted, abandoned, or abused animals.
E.
Animals which the owner or custodian is not able to properly care
for.
F.
Any animal which has bitten a person.
G.
Any exotic animal as defined in this article.
The contract for alteration shall require:
A.
The alteration to be performed by qualified veterinarian within four
weeks after the date of adoption if the dog, cat or ferret is six
months of age or older at the time of adoption.
B.
The alteration shall be performed within four weeks of the date when
the dog, cat, or ferret becomes six months old.
C.
That a veterinarian shall certify in writing that the dog, cat, or
ferret has serious permanent medical or health problems that prevent
alteration.
D.
That a veterinarian shall certify that alteration poses serious temporary
medical or health problems to the dog, cat or ferret in which case
reevaluation by a veterinarian shall take place at intervals not to
exceed 14 days until the temporary problem has resolved, at which
time the alteration shall take place within seven days.
E.
That a deposit of $25 be paid to the Animal Control Officer to assure
compliance with the above. If the new owner fails to comply with the
terms of the contract, the deposit shall be forfeited.
G.
That the new owner shall be liable for liquidated damage in the amount
of $100 or the actual reasonable costs incurred by the animal shelter,
whichever is greater, in enforcement of the contract.
A.
No person shall keep any exotic animal or type of animal, which the
Animal Control Officer may determine to be a hazard to the community.
It shall be unlawful for a person to possess, breed, exchange, buy
or sell, or attempt to harbor animals including, but not limited to:
(1)
Apes, monkeys and related forms.
(2)
Poisonous reptiles and other animals, spiders and insects.
(3)
Constrictor snakes, four feet or more in length; snakes kept less
than four feet must be kept in cages and not permitted to roam freely.
(4)
Cats from the wild family including but not limited to the bobcat,
cheetah, cougar, jaguar, leopard, lion, lynx, mountain lion, panther,
puma, and tiger.
(5)
Nondomesticated carnivorous animals including hybrid cross of nondomesticated
carnivorous animals, including but not limited to raccoons, skunks,
foxes, etc.
(6)
Crocodilians, including but not limited to crocodiles and alligators.
(7)
Struthio, including but not limited to ostriches.
(8)
Pot-belly pigs.
(9)
Wolf hybrids, an animal exhibiting primary physical and/or behavior
of wolf characteristics or an animal that is represented as a wolf
hybrid by its owner or breeder.
(10)
Llamas.
B.
A person who owns or keeps an exotic or wild animal on the effective
date of this article shall, within 30 days of the effective date of
this article, remove the animal from the Township.
Every person who owns or who has charge, care, or custody of
an animal shall comply with each of the following requirements:
A.
Feeding. Each animal shall be supplied with sufficient good, wholesome
food and water as often as the feeding habits of the animal requires.
B.
Cleanliness. All animals and all animal buildings or enclosures shall
be maintained in a clean and sanitary condition free from health hazards
including excessive waste, overcrowding of animals or other conditions
that endanger the animal's health.
C.
Unattended animals. No animal shall be without attention for more
than 24 hours.
D.
Teasing. Every reasonable precaution shall be taken to insure that
animals are not teased, abused, mistreated, annoyed, tormented, or
made to suffer by any person or means.
E.
Dangerous surroundings. No condition shall be maintained or permitted
that is or could be injurious to the animal.
F.
Protection. All reasonable precautions shall be taken to protect
the public from animals and animals from the public.
G.
Ventilation and light. Every building or enclosure wherein animals
are maintained shall be constructed of materials easily cleaned and
shall be kept in a sanitary condition. The building shall be properly
ventilated to prevent drafts and to remove odors. Heating and cooling
shall be provided as required according to the physical needs of the
animals with sufficient light to allow observation of the animals.
H.
Veterinarian attention. The owner or custodian shall take an animal
to a veterinarian for an examination and treatment if the Animal Control
Officer or his agent finds this is necessary in order to maintain
the health of the animal and so orders.
I.
Cage size. All animal rooms, cages, kennels, and runs shall be of
sufficient size to provide adequate and proper accommodations for
animals kept therein.
J.
Shelter. Adequate protection from the elements and weather conditions
suitable for the age, species, and physical condition of the animal
so as to maintain the animal in a state of good health. Shelter for
dogs shall include one or more of the following:
(1)
The residence of the dog's owner or other individual.
(2)
A doghouse that is an enclosed structure with a roof and of appropriate
dimensions for the breed and size of the dog. The doghouse shall have
dry bedding when the outdoor temperature is or is predicted to drop
below freezing.
(3)
A structure, including but not limited to a garage, barn, or shed
that is sufficiently insulated and ventilated containing a doghouse
that is accessible to the dog.
K.
Housing facilities for animals shall be structurally sound and shall
be maintained in good repair to protect the animals from injury and
restrict the entrance of other animals.
L.
Tethering. An owner or person shall not tether a dog unless the tether
is at least three times the length of the dog measured from the tip
of its nose to the base of its tail and is attached to a harness or
non-choke collar designed for tethering.
A.
A person found to be in violation of this article by an admission
of responsibility to the Charter Township of Huron Municipal Violations
Bureau shall be deemed responsible for a municipal civil infraction
violation. The fine for a first civil infraction violation shall be
in accordance with the schedule of fines established by the Township
Board.
B.
A person found to be in violation of this article by an admission
of responsibility to the Charter Township of Huron Municipal Violations
Bureau and having been found responsible or guilty of a violation
of this article within the preceding five years shall be responsible
for a municipal civil infraction and shall pay a fine in accordance
with the schedule of fines established by the Township Board for a
second offense.
C.
A person found responsible by a 34th District Court judge or magistrate
for a violation of this article shall pay a fine not to exceed $500
plus costs of not less than $9 nor more than $500 and may include
all expenses, direct and indirect, which plaintiff has incurred up
to entry of the judgment in accordance with the Revised Judicature
Act, 1961 PA 236, as amended, the "Act."[1] Additionally, the court may issue and enforce this article
in accordance with Section 8302 of the Act.[2]
D.
A person found to be in violation of this article and having been
found responsible or guilty of a violation of this article twice within
the preceding five years shall be deemed guilty of a misdemeanor and
shall be imprisoned for not more than 90 days or fined in an amount
not to exceed $500, or both such fine and imprisonment, plus such
costs as the court may deem appropriate. Such costs shall not be less
than $9 nor more than $500 and may include all expense direct and
indirect to which the Township has been put in connection with the
municipal civil infraction up to entry of judgment in accordance with
Section 8727(3) of the Act.[3]
[3]
Editor's Note: See MCLA § 600.8727(3).
E.
If a defendant fails to comply with an order or judgment as issued
pursuant to this section within the time prescribed by the court,
the court may proceed under Section 8729, Section 8731, or Section
8733 of the Act, as applicable.[4]
[4]
Editor's Note: See MCLA § 600.8729, 600.8731 or
600.8733, respectively.
F.
A defendant who fails to answer a citation or a notice to appear
in court for a municipal civil infraction is guilty of a misdemeanor.
