[1-5-2015]
The City of Ithaca, deeming it advisable in the interest of
protecting the public health and safety and welfare and to regulate
and control the conduct, keeping and care of dogs, and provide for
the orderly and uniform administration of the dog licensing provisions
of the State of Michigan, does hereby adopt the following revised
Animal Control Ordinance, which is to be enforced by the Gratiot County
Animal Control and the Gratiot County Sheriff's Office.
[1-5-2015]
As used in this article, the following terms shall have the
meanings indicated:
Leaving a dog unattended for more than 24 hours, releasing
the dog upon public or private lands, or failure to provide proper
or adequate food, water, exercise, shelter or medical care.
A facility designed or recognized by Gratiot County or the
State of Michigan for the purpose of impounding and/or caring for
animals.
A dog which is not on the premises of the owner and not under
the control of a person either by leash, cord, chain, or otherwise.
Barking, howling, or yelping for a period of time in excess
of 15 minutes.
Any animal which bites or attacks a person or animal, but
does not include the following:
An animal that bites or attacks a person or animal that is trespassing
on the property of the animal's owner; or
An animal that bites or attacks a person or animal as a result
of being provoked, tormented, tortured, or receiving cruel treatment
by the person or animal: or
An animal that is responding in a manner that an ordinary and
reasonable person would conclude was designed to protect a person
if that person is engaged in lawful activity or is the subject of
an assault or battery, or to protect itself or another animal.
Any member of the species Canis familiaris.
Any establishment, except a pet shop, animal protection shelter,
or licensed pound, where animals are kept for sale, boarding, breeding,
training, or sporting purposes for remuneration.
Failure to comply with the minimum requirement for animal
care set forth in this article.
Any adult person who owns or resides on the property where
the animal lives; every person who keeps or harbors the animal or
has it in his care, custody or control. The owner shall be named on
the license for the dog.
Any adult individual, corporation, society, copartnership,
limited partnership, limited liability company, association, or any
other entity.
To perform an act or omission that an ordinary and reasonable
person would conclude is likely to precipitate a bite or attack by
an animal.
Any animal that shows symptoms suggestive of rabies.
A household, single-family home, each separate apartment
in a multifamily home, or each unit in an apartment building.
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.
The residence of the dog's owner or other individual.
A doghouse that is an enclosed structure with a roof and 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.
A structure, including a garage, barn, or shed, that is sufficiently insulated and ventilated to protect the dog from exposure to extreme temperature or, if not sufficiently insulated and ventilated, contains a doghouse as provided under Subsection (b) that is accessible to the dog.
Any animal that has:
Been declared a "dangerous animal" under this article or under
MCL § 287.321;
A propensity, tendency, or disposition to attack, cause injury,
or otherwise endanger the safety of a person or domesticated companion
animals.
Behaved in such a manner that the owner knows or should have
known that the animal had tendencies to bite or attack persons or
other domestic companion animals.
A vicious animal does not include the following:
An animal that bites or attacks a person or animal that is trespassing
on the property of the animal's owner; or
An animal that bites or attacks a person or animal as a result
of being provoked, tormented, or tortured, or cruel treatment by the
person or animal; or
An animal that is responding in a manner that an ordinary and
reasonable person would conclude was designed to protect a person
if the person is engaged in lawful activity or is the subject of an
assault or battery, or to protect itself or another animal; or
An exotic animal.
[1-5-2015]
The owner or keeper of any dog shall not permit the dog to run
at large.
[1-5-2015]
No person and/or premises shall own, possess, control, or otherwise
have charge or custody of more than three dogs over the age of four
months at any time, regardless of breed, without prior Planning Commission
approval. If a person and/or premises owns, possesses, controls or
has custody of more than three dogs at the time of the enactment of
this article, that person or premises may maintain such specific dogs
but may not own, possess, control or have custody of any other or
additional dog that would raise this number above three. This limit
does not apply to lawful animal care or control facilities, humane
societies, rescue groups, certain service and hunting dog breeders,
or registered animal foster homes. A person may not operate a commercial
dog breeder or broker operation, or attain a kennel license from the
County Animal Control office, without first acquiring approval from
the City Planning Commission. A violation of this provision is a nuisance
per se.
[1-5-2015]
It shall be unlawful for any person to own or harbor any dog
within the City limits unless the dog has been licensed in accordance
with the laws of the state and the City. It is the duty of all police
officers to take up and impound any dog not wearing a collar to which
is attached a current dog license tag.
[1-5-2015]
(a)
All dogs impounded shall be kept separate from each other while impounded.
(b)
Any dog impounded may be redeemed or taken from the pound upon exhibition
to the Animal Control Department of receipt issued by the County Treasurer
or Animal Control Department showing that the license imposed by law
has been paid and by the further payment to Animal Control of a fee
according to the County Fee Schedule.
(c)
Any dog not redeemed within seven days after it has been impounded
may be destroyed by the County Animal Control Department.
[1-5-2015]
No person shall keep or harbor a dog that howls or barks to
the annoyance of persons within the neighborhood.
[1-5-2015]
Every owner of a dog is liable for damages for any and all injuries
to any person or property that may be caused by the dog, to be determined
and collected in appropriate proceedings therefor in which any failure
or refusal by the owner to comply with the requirements of this article
constitutes prima facie evidence of negligence.
[1-5-2015]
(a)
Adequate care. Every owner or caregiver of an animal shall be required
to provide the animal with the minimum standard of care set forth
in this article, which means 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.
(b)
Food and water. Every owner or caregiver of an animal shall provide,
on a daily basis, the animal with sufficient good and wholesome food
and water.
(c)
Cleanliness. Every owner or caregiver of animals shall keep all animals
in a clean, sanitary and healthy manner and not confined so as to
be forced to stand, sit or lie in their own excrement.
(d)
Shelter. Every owner or caregiver of animals shall provide all animals
with a proper shelter.
(e)
Veterinary care. The owner or caregiver of a diseased or injured
animal shall provide the animal with appropriate veterinary care and
shall segregate the diseased animal form other animals to prevent
transmittal of disease.
(f)
No person shall fail to provide an animal with adequate shelter.
[1-5-2015]
A dog that has bitten a person shall be confined under quarantine
by the owner or custodian of such dog under the supervision of the
Police Department for a period of 10 days, unless the place of confinement
is not satisfactory, then the dog shall be held by the County Animal
Control. If, at the end of such ten-day period, it is determined that
the dog is in good health, and there has been no symptoms of rabies,
the dog may be released to the owner.
[1-5-2015]
Any dog found running at large shall be picked up by a police
officer in the City or by the County Animal Control. A reasonable
attempt will be made by the officer to ascertain the ownership of
the dog; and if the owner can be notified, either by recognition of
the dog or by a nametag or license tag, such owner can redeem the
dog by the payment of a fee as adopted by the county. If the ownership
of such dog cannot be determined, the dog will be taken to the pound,
where the dog will be held for seven days. A fee as adopted by resolution
of the City Council from time to time will be charged for the redemption
of a dog from the pound. A description shall be kept of every dog
impounded, together with the date and hour of such impoundment.
[1-5-2015]
It shall be unlawful to keep, harbor, own, or in any way possess
within the corporate limits of the City any vicious dog, provided
that vicious dogs kept within the City upon the effective date of
the ordinance from which this section is derived may be kept if licensed
with the City Clerk and subject to the standards and requirements
set forth in this article.
[1-5-2015]
(a)
The Animal Control Officer or any police officer shall investigate
all complaints of a vicious dog. In the event that the Animal Control
Officer or any police officer has reasonable cause to believe that
a dog is vicious, he or she shall institute proceedings in the District
Court for the county requesting the court to conduct a hearing as
to whether or not the dog should be declared vicious under this article.
The issue of whether the dog is vicious within the meaning of this
article shall be decided based upon a preponderance of the evidence.
If the court finds the dog to be vicious, it may order that the dog
be confined to the owner's premises and the provisions of this
article be fully complied with or that such dog be euthanized. The
court may establish a time schedule to assure compliance with this
article, but in no case shall such time exceed 14 days after the date
of the court's determination. Court costs for such actions shall
be taxed against the owner of the dog.
(b)
The court may decide all issues for or against the owner of the dog
regardless of the fact that the owner fails to appear at said hearing.
In the event that the Animal Control Officer or any police officer
has probable cause to believe that the dog in question is vicious
and may pose a threat of serious harm to human beings or other domestic
animals, the Animal Control Officer or police officer may seize and
impound the dog pending the hearing. The owner of the dog shall be
liable to the City/County for the cost and expenses of keeping such
dog.
[1-5-2015]
Upon a finding by the court that a dog is vicious, its owner
shall comply with the following requirements for licensing:
(a)
License application. The owner shall apply to the City Clerk for
a vicious dog license, which shall be valid for one year from the
date of its approval, provided all conditions of this article and
applicable court orders have been met. The license shall be renewable
for successive one-year periods, provided that the dog is to be kept
on the same premises under the same conditions and that its owner
has not violated any condition of this article or any court order
during the previous twelve-month period. No such license shall be
transferred to a new owner of the dog or to a new location or address
where the dog will be kept. The fee for such license shall be determined
by City Council resolution from time to time. This fee is in addition
to the standard county dog license.
(b)
Proof of insurance. Prior to the receipt of the license, the owner
shall present to the City Clerk proof that the owner has procured
liability insurance in an amount to be determined by the City Council
by resolution from time to time, covering any damage or injury which
may be caused by such vicious dog during the twelve-month period for
which licensing is sought. In addition, the owner shall sign a statement
attesting that the owner shall maintain the liability insurance during
the twelve-month period for which licensing is sought, unless the
owner shall cease to keep or harbor the vicious dog prior to the expiration
of such license.
(c)
Confinement. Prior to the receipt of the license, the owner shall
provide for the confinement of the vicious dog. Such dog shall be
securely confined indoors or in a securely enclosed and locked pen
or kennel, except when leashed and muzzled as herein provided. Such
pen, kennel or structure must have secure sides and a secure top attached
to the sides. All structures used to confine such dogs must be locked
with a key or combination lock when such animals are within the structure.
Such structure must have secure bottom or floor attached to the sides
of the pen, or the sides of the pen must be embedded in the ground
to a depth of no less than two feet. All structures erected to house
such dogs must comply with all zoning and building regulations of
the City. All such structures must be adequately lighted and ventilated
and kept in a clean and sanitary condition. If the vicious dog is
to be confined indoors, the same shall not be kept on a porch or patio
or in any other part of the house or structure that would allow the
dog to exit of its own volition. In addition, no such animal may be
kept in a house or structure when the windows are open or when screen
windows or screen doors are the only obstacle preventing the dog from
exiting.
(d)
Sign. Prior to the receipt of a license, the owner shall display
a sign in a prominent place on his or her premises that shall be easily
readable by the public, using the words "Beware of Dog." In addition,
a similar sign is required to be posted on the kennel or pen of such
animal.
(e)
Identification photographs. Prior to the receipt of a license, the
owner shall provide the City's Police Department with two recent,
colored photographs of the vicious dog which clearly show the color
and approximate size of the animal.
(f)
License fee. The owner shall pay a license fee in an amount established
from time to time by resolution of the City Council.
[1-5-2015]
It shall be unlawful for any owner to allow any vicious dog
to be outside of the dwelling of the owner or outside of the enclosure
unless the dog shall be securely muzzled and restrained with a choker
chain and leash having a minimum tensile strength of 300 pounds and
not exceeding four feet in length, and then only upon the private
property of the owner, unless it is necessary for the owner to obtain
veterinary care for the dog, to sell it or give it away, or to comply
with commands or directions of the court, the Animal Control Officer,
or any police officer. The muzzle should be made and fitted in a manner
that will not cause injury to the dog or interfere with its vision
or respiration but shall prevent it from biting any human or animal.
The animal shall be under the direct control and supervision of the
owner of the dog or his agent, either of whom shall be, in any event,
a person of at least 18 years of age and physically capable of restraining
the animal.
[1-5-2015]
(a)
All owners, keepers or harborers of vicious dogs must, within 10
days of the incident, report the following information, in writing,
to the City Clerk:
(b)
No person shall sell, barter, or in any other way dispose of a vicious
dog to any person within the City unless the recipient person resides
permanently in the same household and on the same premises as the
owner of such dog, provided that the owner of the dog may sell or
otherwise dispose of a registered dog to persons who do not reside
within the City.
[1-5-2015]
(a)
State law offenses. Violations of this article that are also violations
of state law may be prosecuted under either.
(b)
Municipal civil infraction citations. A person who violates this
article shall be deemed responsible for a municipal civil infraction,
the penalty for which shall be a civil fine plus any costs, damages,
expenses and other sanctions, as authorized under Chapter 87 of 1961
PA 236, as amended, being MCL § 600.8701 et seq., and other
applicable laws.
(c)
Authorized enforcement officers. The deputies of the Gratiot County
Sheriff, personnel with the Gratiot County Animal Control Service,
and City Manager, or his designee, are authorized to issue municipal
civil infraction citations and municipal civil infraction notices
for violations of this article.
(1)
Municipal civil infractions may be issued by an authorized enforcement
official when he/she personally observes the violation. A municipal
civil infraction may also be issued by an authorized enforcement official
who, after investigation, has reasonable cause to believe that a violation
occurred.
(d)
Service of municipal civil infractions. Municipal civil infractions
should be serviced personally if possible. If personal service cannot
readily be obtained, municipal civil infractions may be served by
first-class mail. When served by mail, the defendant's correct
name and address shall be confirmed prior to mailing.
(e)
Municipal civil infraction citations; contents.
(2)
Further, the citation shall inform the alleged violator that he or
she may do one of the following:
a.
Admit responsibility for the municipal civil infraction within the
time specified for appearance and pay the specified fine by mail or
in person;
b.
Admit responsibility for a municipal civil infraction "with explanation"
within the time specified, by mail or in person; or
c.
Deny responsibility for the municipal civil infraction and request
either an informal or formal hearing in the matter.
(f)
Fines. A person, corporation or firm who accepts responsibility for
or is found responsible for a municipal civil infraction under this
article shall pay a civil fine of not less than $75 and not more than
$500, plus costs, for each infraction.
|
Fine Schedule
| |
|---|---|
|
Infraction
|
Fine
|
|
First infraction
|
$75
|
|
Second infraction
|
$150
|
|
Third infraction
|
$300
|
|
Fourth infraction
|
$500
|
[1-5-2015]
Each day that a violation of this article continues shall be
deemed a separate offense. In addition to the foregoing penalties,
any person who violates this article shall pay all expenses, including
shelter, food, handling, veterinary care, and testimony necessitated
by the enforcement of this article. Court costs for such action as
taken shall be taxed against the owner of the dog against whom the
complaint was issued.
[1-5-2015]
If any part of this article shall be held unconstitutional or
void, such part shall be deemed severable, and its invalidity shall
not affect the remaining parts of this article.
