[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.
KENNEL
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.
LIVESTOCK
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.
POULTRY
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; 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]
(a) 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.
(b) It shall be unlawful for any person within the limits of the corporation to destroy or disturb the nests or eggs of any of the birds referred to in Subsection
(a) of this section.
[Comp. Ords. 1995, §§ 35.301, 35.302; Ord. No. 16, 1-17-1917]
(a) 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.
ANIMAL
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.).
LIVESTOCK
That term as defined in the animal industry act of 1987,
Public Act No. 466 of 1988 (MCL 287.701 et seq.).
NEGLECT
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.
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
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.
TETHERING
The restraint and confinement of a dog by 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.
(b) Prohibited conduct. An owner, possessor, or person
having the charge or custody of an animal shall not do any of the
following:
(1) Fail to provide an animal with adequate care.
(2) Cruelly drive, work, or beat an animal, or cause an animal
to be cruelly driven, worked, or beaten.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(c) Impoundment; civil action.
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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).
(d) Penalty for violation. A person who violates Subsection
(b) of this section is guilty of a misdemeanor.
(e) 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.
(f) 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.
(g) 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.
(h) Lawful acts. This section does not prohibit the lawful
killing or other use of an animal, including, but not limited to,
the following:
(2) 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.).
(4) The operation of a zoological park or aquarium.
(6) Farming or a generally accepted animal husbandry or farming
practice involving livestock.
(7) 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).
(8) Scientific research pursuant to Public Act No. 224 of
1969 (MCL 287.381 et seq.).
(9) 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).