[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:
A. Public stables should be licensed. The license fees shall be determined by the Township Board.
B. Any resident applicant currently deriving full social security benefits shall not be required to pay the fee provided for in the article, but shall be required to file application required as aforesaid.
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." Additionally, the court may issue and enforce this article in accordance with Section 8302 of the Act.
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.
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.
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:
ADEQUATE CARE 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.
ALTERED Professional sterilization procedures performed by a veterinarian that renders a dog, cat or ferret incapable of reproducing.
ANIMAL Any mammal, domesticated and indigenous to the state and not regarded as exotic.
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 from time to time.
ANIMAL CONTROL SHELTER 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.
ANIMAL SHELTER A. 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.
B. Includes the following terms: "private kennel," "boarding kennel," and "private stable," "boarding stable" and "pet shop."
AT LARGE Any animal that is off the property of his owner and not under the control of a competent person.
BOARDING KENNEL 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.
BOARDING STABLE 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.
DISEASED AND UNHEALTHY ANIMAL 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.
DOMESTIC ANIMAL 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.
EQUINE Any animal akin to the horse family, related to the family of or resembling a horse.
FOWL Chickens, ducks, geese, and other kinds of birds, whether domestic or exotic.
FOWL OR SMALL ANIMAL PEN Any structure or building and fenced open area used for the keeping, caring or maintaining of fowl or small animals.
HORSES Those horses or other types of equine used by the owner of the premises or any member of his family for pleasure riding.
LIVESTOCK Shall apply to ponies, mules, jackasses, or other equines, sheep, cows, goats, swine, poultry and rabbits.
LIVESTOCK BARN 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.
OWNER 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.
PEN or CORRAL Any fenced open area used in conjunction with the ownership or harboring of an animal.
PET SHOP 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.
PRIVATE KENNEL 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.
PRIVATE STABLE The accessory building for the keeping of horses or other equines by the occupants of the premises but not kept for hire or sale.
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 a customary and reasonable practice pursuant to farming or animal husbandry.
SHELTER Includes the following terms: "private kennel," "boarding kennel" and "private stable," "boarding stable" and "pet shop."
SMALL ANIMALS 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.
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.
TETHERING The restraint and confinement of a dog by the use of a chain, rope, or similar device.
WATER 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.
WILD OR EXOTIC ANIMAL 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.
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.
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.
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.
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 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.
F. The deposit shall be returned by the Animal Control Officer if a new owner submits written certification from a veterinarian either that the dog, cat or ferret died within the time periods set forth in Subsections
A through
D.
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.
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.