[Ord. No. 804]
For the purposes of this chapter, the following words and phrases
are defined and shall be construed as hereinafter set out unless it
shall be apparent for the context that a different meaning is intended.
Words in singular form can be construed as plural.
Any animal, poultry, bird, reptile, fish or any other creature.
Any person employed by the City whose duty it is to enforce
the terms of this chapter, or any police officer, reserve police officer
or any other person employed by the City and empowered by state statute
to enforce municipal ordinances.
Any animal shelter maintained by the City, the Ottawa County
Humane Society or the county.
Off the premises of the owner and not under the control of
the owner or a member of his or her immediate family by leash, cord,
chain or otherwise.
Any dog of either sex, of any age.
Having been received into the custody of an animal shelter
or into custody of any authorized agent or representative thereof.
Any lot, building, structure or premises whereon or wherein
more than two dogs are kept or maintained for any purpose.
Any person having a right or property in a dog or who harbors
a dog or has a dog in his or her care or who permits a dog to remain
on or about the property or premises occupied by such person.
Any person employed by the City, the state or any municipality,
county or township, and whose duty it is to preserve the peace, to
make arrests or to enforce the law.
[Ord. No. 804; Ord. No. 1242, 3-24-1999]
(a)
The City Manager or the designated department head shall appoint
a suitable person as the Animal Control Officer of the City. The City
shall provide minimum employment standards relative to the recruitment,
selection and appointment of Animal Control Officers, which standards
shall at least equal the minimum standards set forth by the laws of
the state.
(b)
In the performance of his or her duties, the Animal Control Officer
shall have the power, authority and the immunity of a public officer
and employee to issue citations and to make arrests without a warrant
whenever he or she has reasonable cause to believe that the person
to be arrested has committed in the Animal Control Officer's presence
any act which is a misdemeanor violation of this chapter, or a felony
or misdemeanor violation of state law relating to the care, treatment
and impounding of animals.
(c)
The Animal Control Officer shall have charge and be responsible for
any animal shelter maintained in the City and shall have charge and
be responsible for the safe keeping, sheltering, caring for, feeding
and watering of all animals impounded in such animal shelter. The
Animal Control Officer may seize and impound any domestic animal running
at large and such animal may be released to the owner upon payment
of the same fees specified for dogs as set forth in this chapter.
[Ord. No. 804; Ord. No. 823; 8-21-2013 by Ord. No. 1614; 4-2-2014 by Ord. No.
1624; 6-17-2015 by Ord. No. 1653; 10-17-2018 by Ord. No. 1747; 7-21-2021 by Ord. No. 1798]
No person shall keep or house any animal or honey bees within
the City except dogs, cats, minipigs (120 pounds or less), canaries
or other animals or birds which are commonly kept and housed inside
dwellings as domestic, household pets, except that:
(a)
No person shall keep or house more than:
(1)
Two dogs which have attained four months of age per residential dwelling
unit.
(2)
Five cats which have attained four months of age per residential
dwelling unit.
(3)
Two minipigs per residence.
(4)
A combined total number of more than five dogs, cats and minipigs
which have attained four months of age per residential dwelling unit.
(b)
Agricultural animals. A person shall be permitted to keep or house
cows, horses, mules or fowl if such animals shall be kept or housed
not less than 125 feet from any dwelling of any person other than
the one upon whose premises they are kept or housed and such animals
or fowl are kept or housed on premises used or occupied as one parcel
of land regularly devoted to, or for, agricultural purposes and consisting
of not less than four acres.
(c)
Honeybees. No person shall keep honeybees unless he or she obtains
a honeybee permit and complies with the following conditions:
(1)
The maximum number of hives permitted per property shall be as follows:
a.
Two hives for properties with a lot that is not greater than 11,000
square feet in area.
b.
Four hives for properties with a lot area of greater than 11,000
square feet and not greater than 22,000 square feet in area.
c.
Five hives for properties with a lot area of greater than 22,000
square feet and not greater than 43,450 square feet in area.
d.
Eight hives for properties with a lot area of greater than 43,450
square feet (one acre) in area.
e.
One additional hive is allowed for each additional acre of land.
(2)
Each hive shall have a maximum size of 20 cubic feet.
(3)
A flyway barrier at least six feet in height shall shield any part
of a property line that is within 25 feet of a hive. The flyway barrier
shall consist of a wall, fence, dense vegetation or a combination
thereof, and it shall be positioned to transect both legs of a triangle
extending from an apex at the hive to each end point of the property
line to be shielded.
(4)
A constant supply of water shall be provided for all hives.
(5)
All hives shall be located at least 25 feet from any dwelling on
a neighboring property, at least five feet from any property line,
and where a public sidewalk is present, at least 10 feet distant from
it.
(6)
The applicant shall pay the fee required by the fee resolution periodically
adopted by the City Council.
(7)
Applications for original and renewal honeybee permits shall be submitted
to, and permits shall be issued by, the Department of Community and
Neighborhood Services. Permits shall be issued within one week if
the applicant demonstrates that it meets all conditions of this section.
(8)
An initial honeybee permit shall be valid for three years from the
date of issuance. A renewal honeybee permit shall be valid for two
years from the date of issuance.
(d)
Pet fowl. A person shall be permitted to keep and house one domesticated
pet chicken (hens only), duck, goose, or similar fowl in a pen or
confinement coop which is at least 25 feet from any neighboring dwelling
unit. Further, a maximum of 10 chicks under the age of five weeks
are permitted.
(e)
Chickens. No person shall keep chickens unless he or she obtains
a permit and complies with the following conditions:
(1)
The keeping of chickens shall be done on a noncommercial basis while
limiting and mitigating any potential adverse impacts on surrounding
properties. The keeping of chickens shall be exclusively used by the
people occupying the property as a locally grown food source for the
consumption of eggs or meat.
(2)
A maximum of four chickens may be kept per parcel if the parcel is
1/2 acre in size or less, five chickens if the parcel is 1/2 to one
acre in size; and six chickens if the parcel is over one acre in size.
Roosters are prohibited.
(3)
The outdoor slaughtering of chickens is prohibited.
(4)
Chickens shall be provided with a covered enclosure and must be kept
in the covered enclosure or an adjoining fenced enclosure at all times.
Chickens may be allowed to roam outside of the covered or fenced enclosure
if within a fully fenced side and/or rear yard and if supervised by
a person in the immediate vicinity of the chickens.
(5)
All covered enclosures or fenced enclosures shall be located in the
rear yard, shall be no closer than five feet to any property line
of an adjacent property, and shall be located no closer than 25 feet
to any residential structure on an adjacent property.
(6)
The total square footage of any covered enclosure and fenced enclosure
shall not exceed 80 square feet and shall be a maximum of eight feet
in height.
(7)
All covered enclosures shall be constructed in such a way as to prevent
rats, mice, or other rodents from being harbored underneath or within
the walls of the enclosure. The enclosure shall be constructed in
a workmanlike manner. The coop and pen must be completely enclosed
with a top and/or cover.
(8)
All feed and other items associated with the keeping of chickens
likely to attract rats, mice, or other rodents or vermin shall be
secured and protected in sealed containers.
(9)
Egg-laying chickens shall be kept in compliance with the Michigan
Department of Agriculture Generally Accepted Agricultural and Management
Practices for the Care of Farm Animals, as amended, except as otherwise
provided in this section.
(10)
Applications for original and renewal permits shall be submitted
to, and permits shall be issued by, the Department of Community and
Neighborhood Services. Permits shall be issued within one week if
the applicant demonstrates that it meets all conditions of this section.
(11)
The applicant shall pay the fee required by the fee resolution
periodically adopted by the City Council.
(12)
An initial permit shall be valid for three years from the date
of issuance. A renewal permit shall be valid for two years from the
date of issuance.
[Ord. No. 804; amended 1-17-2018 by Ord. No.
1706]
(a)
It shall be unlawful for any owner to keep, harbor or have charge
of any animal, whether licensed or unlicensed, when any one or more
of the following facts exist:
(1)
The animal has an ugly or vicious disposition, shows vicious habits
and has molested any person or animal lawfully in or upon any public
street or place. For purposes of this section an animal who has bitten
or attacked another person shall be rebuttably presumed to be vicious;
(2)
Such animal has attacked or bitten any person or animal, or has destroyed
any property or domestic animal;
(3)
The animal, by destruction of property or trespassing upon the property
of others, has become a nuisance in the vicinity where kept;
(4)
Any dog, by loud barking, howling or yelping, has become a nuisance
in the vicinity where kept;
(5)
The animal appears to be suffering from rabies or affected by hydrophobia,
mange or other infectious or dangerous disease; or
(6)
The animal has been deprived of proper food, drink, shelter, veterinary
care or protection from the weather by a structure consisting of at
least three sides and a roof, or has been cruelly beaten, overworked,
tortured, tormented or mutilated.
(b)
If any one or more of the above facts shall exist, it shall be the duty of the owner to forthwith deliver such animal to the Animal Control Officer or police officer on demand. The Animal Control Officer may issue an ordinance violation for a violation of this chapter or a complaint may be filed in the district court of the county and such district court shall thereupon issue a summons to the owner of such animal to show cause why the animal should not be killed or otherwise disposed of as ordered by the court. Upon hearing, the district court judge, upon finding that one or more of the facts set forth in this section exists, shall order such animal to be killed or otherwise disposed of as ordered by the court. Any owner refusing to obey such order shall be punished as provided in Section 4-22. All costs incurred for the disposition of the animal shall be paid by the owner.
[Ord. No. 804]
No person shall abandon any animal in any public place or on
any public highway, or upon the property of another.
[Ord. No. 804]
No person shall own, keep, harbor, possess or house any dog
within the City unless such person shall comply with the laws of this
state providing for the licensing and registration of such dog.
[Ord. No. 804]
Every person in possession of any dog, who shall allow such
dog to remain about his or her premises for a period of five days,
shall be rebuttably deemed to be the owner thereof for purposes of
this chapter.
[Ord. No. 804]
No person shall own, keep or house any dog four months old or
older that does not, at all times when such dog is off the premises
of the owner, wear a collar or harness with a license tag issued pursuant
to the laws of this state or the City.
[Ord. No. 804]
A person who owns or harbors a dog shall produce proof of a
valid license upon request of a person who is authorized to enforce
this chapter.
[Ord. No. 804; Ord. No. 1346, 8-7-2002]
No person owning or having charge, care, custody, or control
of any dog shall cause, permit, or allow the same to run at large
or to be upon any highway, street, lane, alley, court or other public
place, or upon any private property or premises other than those of
the person owning or having charge, care, custody, or control of such
dog, within the City, unless such dog is restrained by a substantial
chain or leash and is in the charge, care, custody, or control of
the person with the ability to restrain it.
[Ord. No. 804]
The Animal Control Officer may seize any animal running at large in the City in violation of Section 4-10. The Animal Control Officer, upon seizing such animal, shall impound such animal and shall make a complete record of the breed, color and sex of such animal; the date and manner of its disposal; and if redeemed, reclaimed or sold, the name of the person by whom redeemed, reclaimed or purchased, the address of such person and the amounts of all the fees received or collected for or because of the impounding, reclaiming or purchasing thereof, and whether it is licensed. If licensed, he or she shall enter the number and year of the license tag and the name of the owner if upon the animal collar or if known; provided, that if any animal so found running at large cannot be seized and impounded, the Animal Control Officer or any police officer shall have the right to kill such animal and there shall be no liability in damages or otherwise for such killing involved in the scope of the Animal Control Officer's duties.
[Ord. No. 804; amended 1-17-2018 by Ord. No.
1706]
Any animal seized under the provision of Section 4-11 shall be placed in the animal shelter. Not later than 48 hours after the impounding of any animal by the Animal Control Officer, if the owner is known or can be ascertained, such owner shall be notified by the Animal Control Officer personally, by telephone or in writing, of the fact of impounding and the place where such animal may be reclaimed. For purposes of this section, the Animal Control Officer shall have presumptively discharged the responsibility of notifying the owner if contact is made with the person indicated on a dog identification tag or license tag of the impounded animal. The owner of any dog impounded may claim and redeem such animal after first securing a license if such animal is unlicensed. In the event such animal is redeemed from the animal shelter, the owner shall pay an impounding fee and an additional fee per day for each succeeding day the animal is impounded in such amount as is established by resolution of the City Council. This fee shall be in addition to any charge or assessment by the Ottawa County Humane Society and shall be remitted to the City. Upon the expiration of a period of five calendar days, the animal shall be sold, adopted out or destroyed. In the event such animal is redeemed from the Ottawa County Humane Society animal shelter, the owner shall pay such impounding fee and such further fees for the keeping of such animal as may from time to time be set and charged by the Ottawa County Humane Society. All impounding fees shall be paid to the City Treasurer and all fees collected by the Ottawa County Humane Society shall be retained by such society.
[Ord. No. 804]
It shall be unlawful for any person to claim or redeem an impounded
animal under the provisions of this article when such person is not
the legal owner having right or property in such animal. No person
shall wilfully make a false or misleading statement or representation
regarding the ownership or right to custody or control of an animal
for which a license is required, or regarding the ownership of an
animal redeemed from, turned over to, impounded by or coming under
the jurisdiction of the animal shelter pursuant to this article.
[Ord. No. 804]
It shall be unlawful for any person owning or having charge,
care or control of any dog to allow or permit such dog to soil any
public or private property other than that of the owner, keeper, custodian
or person having control of such dog without promptly removing or
disposing of, in a sanitary manner, any excreta deposited by a dog
upon any public or private property.
[Ord. No. 804]
The Police Department or Animal Control Officer, upon receiving
verified information from the owner, victim, director of the county
Health Department, physician or any other person, that an animal is
involved in a biting incident, shall order the quarantine of the animal
causing the bite. Upon issuing an order for quarantine the rules provided
for in this section for quarantine shall be enforced and every person
having actual or constructive knowledge of the order shall obey all
requirements of the quarantine.
(a)
Every animal that bites a human or other animal shall be immediately
confined by the owner, who shall promptly notify the Police Department
or Animal Control Officer. The owner shall not permit the animal to
come in contact with any other person or animal. The owner shall surrender
possession of the animal to the Animal Control Officer on demand for
supervised quarantine. Supervised quarantine shall be in the animal
shelter, a veterinary hospital or by any other method of adequate
confinement approved by the Animal Control Officer. The quarantine
period shall be for not less than 10 days immediately following the
time of the biting incident. A release from quarantine may be issued
if signs of rabies have not been observed during the quarantine period.
Any costs of such quarantine shall be the responsibility of the owner.
(b)
If the Animal Control Officer orders quarantine other than supervised
quarantine in an animal shelter or veterinary hospital, the owner
shall be responsible for confining the animal as designated by the
Animal Control Officer so as to prevent further exposure to humans
or animals during the quarantine period.
(c)
All animal bite reports shall be investigated by the Police Department
or Animal Control Officer. Without permission of the Animal Control
Officer, a person shall not kill or remove from the county limits
an animal that has bitten a human or other animal, or that has been
placed under quarantine, except when it is necessary to kill that
animal to protect a person or other animal.
(d)
The Animal Control Officer shall direct the disposition of any animal
found to be or suspected of being rabid.
(e)
An animal exposed to rabies shall be handled in one of the following
methods:
(1)
Humane destruction with notification to or under supervision of the
Animal Control Officer.
(2)
If the animal is not currently vaccinated, quarantine in a veterinary
hospital or at the animal shelter for at least six months, immediately
following the date of exposure.
(3)
If the animal is currently vaccinated, immediate revaccination and
quarantine for at least 30 days immediately following the date of
exposure.
(4)
A person shall not fail or refuse to surrender an animal for supervised
quarantine or humane destruction as required herein for rabies control
when demand thereof is made by the Animal Control Officer.
(5)
A person having possession of or responsibility for a quarantined
animal shall immediately notify the Police Department or the Animal
Control Officer if the animal escapes, becomes or appears to become
sick or dies, and in case of death of the animal while under quarantine,
the person shall immediately surrender the dead body to the Animal
Control Officer for diagnostic purposes.
(f)
A person who owns an animal that has been placed under quarantine
for biting a person shall be guilty of a misdemeanor under this section
if such animal is found running free during this quarantine period.
[Ord. No. 804.]
It shall be unlawful for any person who owns or harbors a dog
to keep such dog in any run, pen, chain, rope or any other outside
enclosure when any one or more of the following facts exist:
(a)
That such dog is kept within 20 feet of any occupied dwelling other
than the owners', unless the dog is kept loose within a completely
enclosed yard rather than a run, pen or on a chain or rope.
(b)
That such pen, run, enclosure or area where dog is kept has not been
properly cleaned and is in an unsanitary condition and is causing
offensive odors in the area where dog is kept.
[Ord. No. 804]
An animal requiring medical or veterinary care resulting from
an accident, injury or other activity may be removed by the Animal
Control Officer for appropriate medical or veterinary treatment and
care. Any costs incurred for the medical or veterinary treatment of
the animal shall be paid by the owner. Failure to pay the costs incurred
pursuant to this section shall constitute a violation of this chapter.
[Ord. No. 804]
No person shall own, keep or house any female dog in the City,
while such dog is in heat, except when confined within the dwelling
of such owner or person.
[Ord. No. 804]
The Animal Control Officer may kill an animal in the course
of his or her lawful discharge of this chapter which shows immediate
vicious habits, has molested any person or animal lawfully in or upon
any public street, place or is an immediate danger to any person,
animal or property.
[Ord. No. 804]
No person shall hinder, resist, oppose or interfere with the
Animal Control Officer or any police officer in the performance of
their duties under this chapter or conceal or secrete any animal from
any such officer or person authorized to enforce the provisions of
this chapter. For purposes of this section, interference shall include
attempting to release or free and animal seized or confined by the
Animal Control Officer whether located in a vehicle or animal shelter
of the City or county.
[Ord. No. 804]
No person shall establish or maintain any boarding kennel, or
any breeding kennel, or permit any such kennel to be maintained on
any premises owned, leased or occupied by him or her, except as an
accessory use to an animal hospital or a doctor of veterinary medicine.
[Ord. No. 804; Ord. No. 1242, 3-24-1999]
A person who violates or fails to comply with Sections 4-3, 4-8, 4-9, 4-10, 4-14, 4-16 or 4-18 of this chapter or any of the subsections of those sections is responsible for a Class I municipal civil infraction and subject to the civil fines set forth in the schedule of civil fines in Section 2-118 of this Code and any other relief that may be imposed by the court. A person who violates or fails to comply with Section 4-21 of this chapter is responsible for a Class II municipal civil infraction and subject to the civil fines set forth in the schedule of civil fines in Section 2-118 of this Code and any other relief that may be imposed by the court. Each act of violation and each day upon which such violation occurs shall constitute a separate violation.
