[Ord. No. 145, 2-5-2007; Ord. No. 154, 8-6-2007]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- KEEP or HARBOR
- A person who owns or causes or permits an animal to reside or remain on a premises in the Village.
- Any establishment wherein or whereon more than one dog is owned, kept, or harbored for the purpose of storage for a fee, breeding, sale or otherwise.
- Horses, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kids and swine, and fur-bearing animals being raised in captivity.
- All domestic fowl, ornamental birds, and game birds possessed or being reared under authority of a breeder's license pursuant to part 427 (breeders and dealers) of the natural resources and environmental protection act, Public Act No. 451 of 1994 (MCL 324.42701 et seq.).
- WILD OR EXOTIC ANIMAL
- Any animal that is not domesticated, not capable of being domesticated, normally found in the wild, poisonous, predatory, or is an endangered species.
[Ord. No. 145, 2-5-2007]
A person who violates any of the provisions of this chapter is guilty of a misdemeanor. In addition to the penalty, as part of any sentence for a violation of this chapter, the court shall order compliance with the same, and restitution for any property damage caused by such violation.
[Ord. No. 145, 2-5-2007]
The following acts are hereby declared unlawful and are prohibited in the Village:
Except for three months following the birth of kittens or puppies, a person may not keep or harbor more than a combined total of three dogs or cats.
Except as otherwise provided by this chapter, a person shall not keep or harbor wild or exotic animals, swine, cattle, fowl, farm animals or livestock.
Except as otherwise provided by this chapter, a person shall not raise, transport, keep or harbor bees, wasps, hornets or honey bees, unless such raising, transporting, keeping or harboring has continued without interruption since March 28, 1983.
Except as otherwise provided by this chapter, a person shall not keep, operate or maintain a dog kennel.
A person shall not own, keep or harbor a fierce or vicious dog, or a dog that has been bitten by any animal known to have been afflicted with rabies.
[Ord. No. 145, 2-5-2007]
Any violation of this chapter is hereby declared a public nuisance and nuisance per se. It is further declared unlawful and is a public nuisance and a nuisance per se whenever any animal:
Strays or runs uncontrolled.
Molests or disturbs persons or vehicles by chasing, barking or biting.
Attacks other animals.
Trespasses or damages property other than that of the owner, harborer or keeper.
Barks, whines, howls, cries, meows or makes other noises that disturbs the peace and quiet of the people of the Village, or people passing to and fro upon the street.
Creates noxious or offensive odors.
Defecates upon any public or private property, except property owned by the keeper or harborer. This subsection shall not apply to leader, guide, hearing and service dogs.
Creates an insect breeding or attraction site due to an accumulation of excreta.
[Ord. No. 145, 2-5-2007; Ord. No. 154, 8-6-2007]
The keeping or harboring of livestock or poultry within the Village is prohibited.
[Ord. No. 145, 2-5-2007]
It is not intended that this chapter supersede any provisions of Public Act No. 339 of 1919 (MCL 287.261 et seq.), but shall be construed only to be supplementary thereto.
[Comp. Ords. 1995, §§ 35.251, 35.252; Ord. No. 15, 1-15-1917]
It shall be unlawful for any person at any time to catch, kill, injure, or attempt to catch, kill or injure, or to pursue with such intent, any robin, bluebird, martin, thrush, mockingbird, swallow, oriole, redbird, grosbeak, catbird, chevit or ground robin, pewee or phoebe bird, wren, cuckoo, indigo bird, nuthatch, creeper, yellow bird, or frangilla, yellow hammer or flicker, warbler or finch, maris, redstart, lummock, nightingale, crossbill or corn crake, Hungarian robin, European blackbird, great tit or blue tit.
[Comp. Ords. 1995, §§ 35.301, 35.302; Ord. No. 16, 1-17-1917]
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, 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.
- One or more vertebrates other than a human being.
- ANIMAL CONTROL SHELTER
- A facility operated by a county, city, Village, or township to impound and care for animals found in streets or otherwise at large contrary to any ordinance of the county, city, Village, or township or state law.
- ANIMAL PROTECTION SHELTER
- A facility operated by a person, humane society, society for the prevention of cruelty to animals, or any other nonprofit organization for the care of homeless animals.
- LICENSED VETERINARIAN
- A person licensed to practice veterinary medicine under Article 15 of the public health code, Public Act No. 368 of 1978 (MCL 333.16101 et seq.).
- That term as defined in the animal industry act of 1987, Public Act No. 466 of 1988 (MCL 287.701 et seq.).
- To fail to sufficiently and properly care for an animal to the extent that the animal's health is jeopardized.
- 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.
- 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 livestock, includes structures or natural features such as trees or topography. Shelter for a dog 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 to protect the dog from exposure to extreme temperatures or, if not sufficiently insulated and ventilated, contains a doghouse as provided under Subsection (2) of this definition that is accessible to the dog.
- 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.
- The restraint and confinement of a dog by 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.
Prohibited conduct. An owner, possessor, or person having the charge or custody of an animal shall not do any of the following:
Fail to provide an animal with adequate care.
Cruelly drive, work, or beat an animal, or cause an animal to be cruelly driven, worked, or beaten.
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.
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, and in which all other animals may stand, turn around, and lie down during transportation, or while awaiting slaughter. As used in this subsection, for purposes of transportation of sled dogs, the term "stand" means sufficient vertical distance to allow the animal to stand without its shoulders touching the top of the crate or transportation vehicle.
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 Subsection (b)(5) when the owner or custodian has made a reasonable effort to locate the animal.
Willfully or negligently allow any animal, including one who is aged, diseased, maimed, hopelessly sick, disabled, or nonambulatory, to suffer unnecessary neglect, torture, or pain.
Tether a dog unless the tether is at least three times the length of the dog as measured from the tip of its nose to the base of its tail and is attached to a harness or nonchoke collar designed for tethering.
Impoundment; civil action.
If an animal is impounded and is being held by an animal control shelter or its designee or an animal protection shelter or its designee or a licensed veterinarian pending the outcome of a criminal action charging a violation of this section, before final disposition of the criminal charge, the prosecuting attorney may file a civil action in the court that has jurisdiction of the criminal action, requesting that the court issue an order forfeiting the animal to the animal control shelter or animal protection shelter or to a licensed veterinarian before final disposition of the criminal charge.
The prosecuting attorney shall serve a true copy of the summons and complaint upon the defendant and upon a person with a known ownership interest or known security interest in the animal or a person who has filed a lien with the secretary of state in an animal involved in the pending action.
The forfeiture of an animal under this section encumbered by a security interest is subject to the interest of the holder of the security interest who did not have prior knowledge of, or consent to the commission of the crime.
Upon the filing of the civil action, the court shall set a hearing on the complaint. The hearing shall be conducted within 14 days of the filing of the civil action, or as soon as practicable. The hearing shall be before a judge without a jury. At the hearing, the prosecuting attorney has the burden of establishing by a preponderance of the evidence that a violation of this section occurred. If the court finds that the prosecuting attorney has met this burden, the court shall order immediate forfeiture of the animal to the animal control shelter or animal protection shelter or the licensed veterinarian unless the defendant, within 72 hours of the hearing, submits to the court Clerk cash or other form of security in an amount determined by the court to be sufficient to repay all reasonable costs incurred, and anticipated to be incurred, by the animal control shelter or animal protection shelter or the licensed veterinarian in caring for the animal from the date of initial impoundment to the date of trial. If cash or other security has been submitted, and the trial in the action is continued at a later date, any order of continuance shall require the defendant to submit additional cash or security in an amount determined by the court to be sufficient to repay all additional reasonable costs anticipated to be incurred by the animal control shelter or animal protection shelter or the licensed veterinarian in caring for the animal until the new date of trial. If the defendant submits cash or other security to the court under this Subsection (c) the court may enter an order authorizing the use of that money or other security before final disposition of the criminal charges to pay the reasonable costs incurred by the animal control shelter or animal protection shelter or the licensed veterinarian in caring for the animal from the date of impoundment to the date of final disposition of the criminal charges.
The testimony of a person at a hearing held under this Subsection (c) is not admissible against him in any criminal proceeding except in a criminal prosecution for perjury. The testimony of a person at a hearing held under this subsection does not waive the person's constitutional right against self-incrimination.
An animal seized under this section is not subject to any other civil action pending the final judgment of the forfeiture action under this Subsection (c).
Penalty for violation. A person who violates Subsection (b) of this section is guilty of a misdemeanor.
Payment of costs in lieu of forfeiture. If forfeiture is not ordered pursuant to Subsection (c) of this section, as a part of the sentence for a violation of Subsection (b) of this section, the court may order the defendant to pay the costs of the care, housing, and veterinary medical care for the animal, as applicable. If the court does not order a defendant to pay all of the applicable costs listed in this subsection, or orders only partial payment of these costs, the court shall state on the record the reason for that action.
Ownership restriction upon conviction of violation. As a part of the sentence for a violation of Subsection (b) of this section, the court may, as a condition of probation, order the defendant not to own or possess an animal for a period of time not to exceed the period of probation. If a person is convicted of a second or subsequent violation of Subsection (b) of this section, a court order under this subsection may order the defendant not to own or possess an animal for any period of time which may include permanent relinquishment of animal ownership.
Revocation of probation. A person who owns or possesses an animal in violation of an order issued under Subsection (f) of this section is subject to revocation of probation if the order is issued as a condition of probation. A person who owns or possesses an animal in violation of an order issued under Subsection (f) of this section is also subject to the civil and criminal contempt power of the court.
Lawful acts. This section does not prohibit the lawful killing or other use of an animal, including, but not limited to, the following:
Hunting, trapping, or wildlife control regulated pursuant to the natural resources and environmental protection act, Public Act No. 451 of 1994 (MCL 324.101 et seq.).
The operation of a zoological park or aquarium.
Pest or rodent control.
Farming or a generally accepted animal husbandry or farming practice involving livestock.
Activities authorized pursuant to rules promulgated under Section 9 of the executive organization act of 1965, Public Act No. 380 of 1965 (MCL 16.109).
Scientific research pursuant to Public Act No. 224 of 1969 (MCL 287.381 et seq.).
Scientific research pursuant to Sections 2226, 2671, 2676, and 7333 of the public health code, Public Act No. 368 of 1978 (MCL 333.2226, 333.2671, 333.2676, and 333.7333).