[History: Animal Control ordinance adopted by Tribal Council
on October 19, 1993. As amended by Tribal Act #04-22.1445 enacted
by Tribal Council at Special Session on November 24, 2004.]
Deeming it advisable in the interest of protecting the public
health, safety, convenience and welfare and to provide for the orderly
and uniform administration of the dog licensing provisions of the
State of Michigan and in particular Act 339 of the Public Acts of
1919, as amended, being Sections 287.261-287.293 of the Compiled Laws
of 1948 (MSA Sections 12.511-12.543), and to create the position of
Animal Control Officer and define his or her duties, authority and
responsibilities, and to regulate and control the conduct, keeping
and care of dogs and certain other animals, livestock and poultry;
the Grand Traverse Band Reservation does hereby adopt the following
ordinance.
[History: Animal Control ordinance adopted by Tribal Council
on October 19, 1993. As amended by Tribal Act #04-22.1445 enacted
by Tribal Council at Special Session on November 24, 2004.]
For the purposes of this ordinance, the following terms shall
have the following meanings respectively designated for each:
(a)
"animal" - unless otherwise stated, the word "animal" as used in
this ordinance shall include birds, fish, mammals and reptiles.
(b)
"livestock" means horses, stallions, colts, geldings, mares, sheep,
rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules,
jacks, jennets, burros, goats, kids, hogs, swine and fur-bearing animals
being raised in captivity.
(c)
"poultry" means all domestic fowl, ornamental birds and game birds
possessed or being reared under authority of a breeder's license pursuant
to Act 191 of the Public Acts of 1919, as amended, being Sections
317.71 to 317.85 of the Compiled Laws of 1948 (MSA Sections 13.1271-13.1285).
(d)
"police officer" means any person employed or elected by the people
of the State of Michigan, or by any city, village, county, township,
or Tribal Council whose duty it is to preserve peace or to make arrest
or to enforce the law, and includes game, fish or forest fire wardens
and members of the State Police, Tribal Police and Conservation Officers.
(e)
"animal control officer" means any person employed by the Tribe for
the purpose of enforcing this ordinance or state statutes pertaining
to dogs and other animals as well as persons or deputies employed
by the Tribe to act in the Animal Control Division.
(f)
"owner" - the term "owner" and "persons owning premises" shall mean
both the owner of title of record and those occupying or in possession
of any property or premises. The term "owner" when applied to the
proprietorship of an animal means every person having a right of property
in the animal, an authorized agent of the owner, and every person
who keeps or harbors the animal or who has it in his or her care,
custody or control, and every person who permits the animal to remain
on or about the premises occupied by him or her.
(g)
"person" - the word "person" shall include state and local officers
and employees, individuals, corporations, CO-partnerships and associations.
(h)
"kennel" - the term "kennel" shall mean any establishment wherein
or whereon dogs are kept for breeding, sale, leasing, trading or sporting
purpose. Any premise, building and/or structure within the boundaries
of the GTB Reservation; wherein or whereon more than three dogs or
other mammals in any combination are kept, except a duly licensed
pet shop, shall also be deemed to be a kennel except as provided in
§ 304(h) of this ordinance.
(i)
"rabies suspect animal" - the term "rabies suspect animal" shall
mean any animal which has bitten a human, or any animal which has
been in contact with or been bitten by a rabid animal, or any animal
which shows symptom suggestive of rabies.
(j)
"day" shall mean working days which shall include Saturday. It shall
not include Sundays or holidays.
(k)
"tribal Council" shall mean the Grand Traverse Band Tribal Council.
[History: Animal Control ordinance adopted by Tribal Council
on October 19, 1993. As amended by Tribal Act #04-22.1445 enacted
by Tribal Council at Special Session on November 24, 2004.]
(a)
An Animal Control Officer shall be appointed by the Captain of Police
and shall serve as Director of the Animal Control Department.
(b)
In lieu of all fees and other remuneration under the statutes of
this State, the Animal Control Officer, his or her deputies and assistants,
except census takers, at a future date may be paid a salary as established
and determined by appropriate resolution of the Tribal Council.
(c)
The Animal Control Officer shall fulfill the following duties:
(1)
The Animal Control Officer shall promptly seize, take up and
place in the animal shelter all dogs or other animals, livestock,
or poultry found running at large or being kept or harbored any place
within the Reservation contrary to the provisions of this ordinance
or the statutes of the State.
(2)
The Animal Control Officer shall be properly deputized as a
peace or police officer for the purposes of this ordinance and shall
be legally authorized to have the power and it shall be his or her
duty to issue appearance tickets, citations or summonses to those
persons owning, keeping or harboring dogs contrary to the provisions
of this ordinance.
(3)
It shall be the duty of the Animal Control Officer to see that
all impounded dogs and other animals are destroyed in a humane manner
or otherwise released to an appropriate person in accordance with
the law and the rules and regulations of the animal shelter.
(4)
The Animal Control Officer shall promptly investigate all animal
bite cases involving human exposure and shall search out and attempt
to discover the animal involved and shall either impound or quarantine
it for examination for disease in accordance with the applicable provisions
of this ordinance and/or the statutes of the State. He or she shall
also be obliged to seize and impound any rabies suspect animal.
(5)
The Animal Control Officer shall assume the duty (provided in
Section 316 of Act 339 of the Public Acts of 1919, being Section 287.276
of the Compiled Laws of 1948, (MSA Section 12.526, as amended), to
determine and locate all unlicensed dogs, to list such dogs and to
deliver such list to the Prosecuting Attorney for the necessary proceedings
as provided by the ordinance and/or statutes of the State.
(6)
The Animal Control Officer, his or her deputies or assistants
are hereby authorized and empowered, in accordance with the provisions
of this ordinance and an appropriate search warrant, to enter upon
private premises for the purpose of inspecting same for the purpose
of determining the harboring, keeping and possessing of any dog or
dogs for the specific purpose of determining if the owner(s) of said
dogs have complied with the appropriate provisions of the ordinance
and to apprehend and take with him or her any dogs for whom no license
has been procured in accordance with this ordinance or for any other
violation thereof. The provisions of this subsection shall specifically
include but not to be limited to, investigation of, or seizure for,
cruelty to animals.
(7)
The Animal Control Officer shall have the right to inspect any
kennel, with a license which has been issued pursuant to this ordinance
or the statutes of the State, and shall have the duty to suspend said
license if, in his or her opinion, conditions exist which are unhealthy
or inhumane to the animals kept therein pending correction of such
conditions, and further shall have the duty to revoke said license
if such conditions are not corrected within a reasonable period of
time.
(8)
The Animal Control Officer shall have the right to investigate
complaints of dogs or other animals alleged to be dangerous to persons
or property and shall have the right to seize, take up and impound
such animals.
(9)
The Animal Control Officer shall have the right to investigate
the complaints of cruelty to dogs or other animals, livestock or poultry
and shall have the right to seize, take up and impound any dog or
other animal, livestock or poultry which has been subject to such
cruelty.
(10)
The Animal Control Officer shall have such other duties relating
to enforcement of this ordinance as the GTB Tribal Council may from
time to time provide.
(d)
It shall be the further duties of the Animal Control Officer, his
or her deputies or assistants, to enforce the provisions of this ordinance
and the statutes of the State pertaining to dogs and other animals,
and may make complaint to the appropriate Tribal Court or other appropriate
court in regard to any violation thereof.
(e)
The Animal Control Officer, his or her deputies or assistants shall
dispose of any animal, livestock or poultry seized, taken up and/or
impounded as provided for herein; in accordance with the provisions
of this ordinance and/or the statutes of the State.
(f)
All suspensions and/or revocations of licenses and all seizures for
cruelty or dangerousness as provided herein, shall be in accordance
with such rules and regulations as are adapted from time to time by
the GTB Tribal Council.
[History: Animal Control ordinance adopted by Tribal Council
on October 19, 1993. As amended by Tribal Act #04-22.1445 enacted
by Tribal Council at Special Session on November 24, 2004.]
(a)
It shall be unlawful for:
(1)
Any person to own any dog six months old or over unless the
dog is licensed in accordance with Tribal law or the law of the State
of Michigan, or to own any dog six months old or over that does not
at all times wear a collar with a tag approved by the Director of
Michigan Department of Agriculture attached, as hereinafter provided,
except when engaged in lawful hunting accompanied by its owner; or
(2)
Any owner of any female dog to permit the female dog to go beyond
the premises of such owner when she is in heat, unless the female
dog is held properly in leash, or for any person except the owner,
to remove any collar and/or license tag from a dog; or
(3)
Any owner to allow any dog, except working dogs such as leader
dogs, farm dogs, hunting dogs and other dogs, when accompanied by
their owner while actively engaged in activities for which such dogs
are trained, to stray unless held properly in leash.
(b)
Any person who owns, keeps or operates a kennel may in lieu of individual
licenses required under this ordinance and under the laws of the State
of Michigan, a kennel license entitling him or her to own, keep or
operate such kennel in accordance with the applicable laws of the
State.
(c)
Any person who, at any one time, owns more than three dogs in any
combination, except a duly licensed pet shop, at any single location
within the boundaries of the GTB Reservation, shall, on or before
March 1st of the year following such ownership, obtain a kennel license
if the person qualifies under Act 339, Public Acts of 1919, as amended.
[History: Animal Control ordinance adopted by Tribal Council
on October 19, 1993. As amended by Tribal Act #04-22.1445 enacted
by Tribal Council at Special Session on November 24, 2004.]
(a)
Any dog or other animal kept as a pet that shall bite a person, animal,
or livestock shall be securely confined by the owner thereof inside
an appropriate building or enclosure for a minimum period of 10 days
following the biting of such person, animal, or livestock.
(1)
In the event that the owner of such animal shall fail to securely
confine the animal for such period of time, then in that event, the
Animal Control Officer, his or her deputies or assistants, may take
possession and custody of such animal, confine him or her at the animal
shelter until the expiration of said ten-day period and upon satisfactory
evidence that the animal is not suffering from rabies. Said animal
shall be kept at the animal shelter at the expense of the owner thereof
in the event that the person charged with the duty to securely confine
said animal as aforesaid shall fail to do so.
(2)
Any dog or other animal running loose after biting a person,
animal or livestock, and whose owner cannot be determined, shall be
confined for a period of 10 days at the animal shelter in accordance
with the provisions of this section, and thereafter disposed of in
accordance with the provisions of this ordinance, or such regulations
as are in effect at the animal shelter.
(b)
Any other animal not kept as a pet, including wild animals, which
shall bite a human or animal, shall, if located, be confined for the
required 10 days at the animal shelter or other suitable location.
(c)
Every dog and other animal shall at all times between sunset and
sunrise of the following day be confined upon the premises of its
owner except when such dog or other animal is otherwise under the
reasonable control of the owner.
[History: Animal Control ordinance adopted by Tribal Council
on October 19, 1993. As amended by Tribal Act #04-22.1445 enacted
by Tribal Council at Special Session on November 24, 2004.]
(a)
All dogs found running at large shall be seized by the Animal Control
Officer, his or her deputies or assistants, or other peace officers,
and impounded for a period of not less than five days, and may thereafter
be sold or disposed of if not claimed by the owner.
(b)
When dogs are found running at large, and their ownership is known
to the Animal Control Officer, his or her deputies or assistants,
or other peace officers, such dog need not be impounded but the Animal
Control Officer, his or her deputies or assistants, or other peace
officers may, at their discretion, cite the owner of such dog to appear
in court to answer charges of violation of this ordinance.
(c)
Immediately upon impounding a dog or other animal, the Animal Control
Officer shall make every reasonable effort to notify the owner of
such dog or other animal so impounded and inform such owner of the
conditions whereby custody of such dog or other animal may be regained
pursuant to the regulations for the operation of the animal shelter.
[History: Animal Control ordinance adopted by Tribal Council
on October 19, 1993. As amended by Tribal Act #04-22.1445 enacted
by Tribal Council at Special Session on November 24, 2004.]
(a)
Any person may kill any dog or animal which he sees in the act of
pursuing, attacking or about to attack, or wounding any livestock
or poultry or attacking persons, and there shall be no liability on
such person in damages or otherwise, for such killing.
(1)
Any dog or other animal that enters any field or enclosure which
is owned or leased by a person producing livestock or poultry, unaccompanied
by his or her owner, shall constitute a private nuisance, and the
owner or lessee of such field or other enclosure, or his or her agent
or servant, may kill such dog or other animal while it is in the field
or other enclosure without liability for such killing.
(2)
In no event shall the provisions of this section exonerate a
person from compliance with the criminal laws of this State, including,
by way of example, the safe discharge of firearms.
(b)
It shall be lawful for any person to seize any dog or other animal
running at large in violation of this ordinance and to turn said dog
or other animal over to the Animal Control Officer, his or her deputies
or assistants.
[History: Animal Control ordinance adopted by Tribal Council
on October 19, 1993. As amended by Tribal Act #04-22.1445 enacted
by Tribal Council at Special Session on November 24, 2004.]
It shall be unlawful for:
(a)
Any owner of any dog, livestock or poultry to fail to provide any
dog, livestock or poultry with sufficient good and wholesome food
and water, proper shelter and protection from the weather, veterinary
care when needed to prevent suffering and to withhold and not to give
humane care and treatment.
(b)
No person shall beat, cruelly treat, torment, overload, overwork
or otherwise abuse any dog, livestock or poultry or cause, instigate
or permit any dog fight, cock fight, bull fight or other combat between
animals or between animals and humans.
(c)
The owner of any dog, animal, livestock or poultry shall not abandon
any such dog, animal, livestock or poultry for a period of longer
than 48 hours.
(d)
No person shall crop a dog's ears, except a licensed veterinarian,
who will issue a signed certificate that the operation is necessary
for the dog's health and comfort, and in no event shall any person
except a licensed veterinarian perform such an operation.
(e)
Should an operator of a motor vehicle strike a domestic animal, he
shall stop immediately and render such assistance as may be possible,
and shall immediately report such injury or death to the animal's
owner. In the event the owner cannot be ascertained and located, such
operator shall at once report the accident to the appropriate law
enforcement agency.
[History: Animal Control ordinance adopted by Tribal Council
on October 19, 1993. As amended by Tribal Act #04-22.1445 enacted
by Tribal Council at Special Session on November 24, 2004.]
(a)
It shall be unlawful for:
(1)
Any dog of any age, licensed or unlicensed, wearing a collar
or not wearing a collar, to run at large, provided, however, that
a dog engaged in hunting need not be leashed when under the reasonable
control of its owner.
(2)
Any dog, at any age, licensed or unlicensed, wearing a collar
or not wearing a collar, except a leader dog accompanied by its owner,
to be within the confines of any public park when such park, by appropriated
designation at its entrance, prohibits dogs.
(3)
Any dog, at any time, licensed or unlicensed, to destroy property,
real or personal, or to trespass in a damaging way on property of
persons other than the owner.
(4)
Any dog or other animal at any time, licensed or unlicensed,
to attack or bite a person.
(5)
Any dog to show vicious habits and molest passersby when such
persons are lawfully on the public highway or right-of-way.
(6)
Any person to own any dog which, by loud or frequent barking,
howling or yelping, is a nuisance in the neighborhood in which such
dog is kept, possessed or harbored.
(7)
Any livestock or poultry to run at large unaccompanied by its
owner upon the premises of another or upon any public street, lane,
alley or other public ground in the county unless otherwise specifically
allowed.
(8)
Any person to remove a collar or tag from any dog or other animal
without the permission of its owner or to decoy or entice any dog
or other animal out of an enclosure or off the property of its owner,
or to seize, molest or tease any dog or other animal while held or
led by any person or while on the property of its owner.
(b)
In the event of any such violations or of a violation of any other
provision of this ordinance or of the laws of the State, the Animal
Control Officer, his or her deputies or assistants or other peace
officer may issue an appearance ticket, citation or summons to the
owner of said dog, animal, livestock or poultry, summoning them to
appear before a Tribal Court or other appropriate Court within the
Reservation to answer the charges made in violation of this ordinance.
(1)
The said Animal Control Officer, his or her deputies or assistants
or other peace officer may sign a complaint before said court for
violation of a warrant and make arrest of the person to whom said
violation is charged and bring him or her before the court to answer
the charges.
(2)
The court may in such case, at its discretion, and upon a finding
of guilty, assess the penalties in accordance with the penalty provision
of this ordinance.
(c)
In the event of any such violations or of a violation of any other
provision of this ordinance or of the laws of the State, an Animal
Control Officer, his or her deputies or assistants or other peace
officer of any other person may proceed to obtain authorization of
the Prosecuting Attorney and make complaint before a Tribal Court
or other appropriate court within the county and obtain the issuance
of a summon similar to that provided in Act 339 of the Public Acts
of 1919, being Section 287.280 of the Compiled Laws of 1948 (MSA Section
12.530), as amended, to show cause why such dog, animal, livestock
or poultry should not be killed.
(1)
Upon such hearing the judge may either order the dog, animal,
livestock or poultry killed, may order such dog, animal, livestock
or poultry confined to the premises of the owner, or may make such
other order regarding the dog, animal, livestock or poultry as it
deems proper and necessary under the circumstances, in addition to
any of the penalties enumerated herein.
(d)
Costs, as in civil cases, shall be taxed against the owner of the
dog, animal, livestock or poultry and collected by the court from
the person complained against upon a finding of guilty. The provisions
of this paragraph shall be in the alternative to the provisions for
violations set forth in the preceding paragraph and the Animal Control
Officer, his or her deputies or assistants or other peace officer
may, at his or her direction, proceed under either section.
[History: Animal Control ordinance adopted by Tribal Council
on October 19, 1993. As amended by Tribal Act #04-22.1445 enacted
by Tribal Council at Special Session on November 24, 2004.]
Any person, firm or corporation violating any of the provisions
of this ordinance shall be deemed guilty of a civil infraction and
upon conviction thereof, shall be punished by a fine of not more than
$100.
[History: Animal Control ordinance adopted by Tribal Council
on October 19, 1993. As amended by Tribal Act #04-22.1445 enacted
by Tribal Council at Special Session on November 24, 2004.]
(a)
Nothing in this ordinance shall be construed to prevent the owner
of a licensed dog from recovery in an action of law from any peace
officer or any other person, except as herein provided.
(b)
Nothing in this ordinance shall be construed as limiting the common
law liability of the owner of a dog or other animal for damages committed
by said dog or other animal.
[History: Animal Control ordinance adopted by Tribal Council
on October 19, 1993. As amended by Tribal Act #04-22.1445 enacted
by Tribal Council at Special Session on November 24, 2004.]
In all prosecutions for violation of this ordinance, the records
of the Licensing Authority, or lack of same, showing the name of the
owner and the license number to whom any license was issued, and the
license tag affixed to the collar or harness of the dog showing a
corresponding number, shall be prima facie evidence of ownership or
non-ownership of any dog and of issuance or non-issuance of a dog
license or tag.
[History: Animal Control ordinance adopted by Tribal Council
on October 19, 1993. As amended by Tribal Act #04-22.1445 enacted
by Tribal Council at Special Session on November 24, 2004.]
(a)
It shall be the duty of the Animal Control Officer annually to make
a census of the number of dogs owned by all persons on the Grand Traverse
Band Reservation in accordance with the state law.
(b)
The duties and obligations herein imposed upon the respective designated
officials may be delegated to some other appropriate person or persons
by each of said officials with like force and effect.
[History: Animal Control ordinance adopted by Tribal Council
on October 19, 1993. As amended by Tribal Act #04-22.1445 enacted
by Tribal Council at Special Session on November 24, 2004.]
(a)
When not inconsistent with the context, words used in the present
tense include the future. Words in the singular include the plural
and words in the plural include the singular. Masculine shall include
the feminine and neuter. The word "shall" is always mandatory and
not merely directive. Words or terms not defined herein shall be interpreted
in the manner of their common meaning. Headings shall be deemed for
convenience only and shall not limit the scope of any section of this
ordinance.
(b)
The regulations of this ordinance are minimum standards supplemental
to the rules and regulations duly enacted by the Michigan Department
of Health and to the laws of the State of Michigan relating to public
health. If any part of this ordinance shall be held void, such part
shall be deemed severable and the invalidity thereof shall not affect
the remaining parts of this ordinance.
[History: Animal Control ordinance adopted by Tribal Council
on October 19, 1993. As amended by Tribal Act #04-22.1445 enacted
by Tribal Council at Special Session on November 24, 2004.]
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
