[Adopted 8-8-2022 by Ord. No. 2022-02]
A.
The City Commission finds that the keeping, harboring or possession
of nondomestic animals within the Royal Oak City limits represents
a danger to the safety of persons within the City and to their domestic
animals, regardless of the method used to confine, because of the
danger that would be presented by such an animal's escape from
confinement or even while confined.
B.
It is within the rights and authority of the City of Royal Oak, as
a Michigan Home Rule city and pursuant to its City Charter, to establish
comprehensive reasonable regulations to regulate the keeping of nondomestic
animals within the City.
The following definitions shall be used in this article:
A board consisting of the Chief of Police or their designee,
the City Manager or their designee, and a City resident appointed
by the City Commission that shall assemble for the purpose of conducting
hearings under this article.
Any animal that bites or attacks a person; or
Any animal that bites or attacks a domestic animal or other
lawfully possessed nondomestic animal under the care and control of
an owner and causes serious injury to the other animal while the animal
is on the property or under the control of its owner.
A dangerous animal does not include any of the following:
An animal that bites or attacks a person while being used by
a law enforcement official for a legitimate law enforcement purpose;
An animal that bites or attacks a person who is committing or
attempting to commit a crime, including knowingly trespassing on the
property of the animal's owner;
An animal that bites or attacks a person who provokes or torments
the animal, or who can be shown to have repeatedly provoked or tormented
the animal in the past;
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 a lawful activity or is the subject of
an assault; or
An animal that is responding to pain, injury or was protecting
itself or its offspring.
An animal that is not domesticated, capable of causing harm
or killing an animal or person, including animals that are poisonous
or venomous, or their size makes it difficult to control by one adult
alone.
Those animals commonly considered to be naturally wild and
not naturally trained or domesticated, or which are commonly considered
to be inherently dangerous to the health, safety, and welfare of people.
Unless otherwise defined, nondomestic animals shall include:
Any member of the cat family (family Felidae), including, but
not limited to, lions, tigers, cougars, bobcats, leopards and jaguars
and smaller African cats, but excluding commonly accepted domesticated
house cats.
Any naturally wild member of the canine family (family Canidae),
including, but not limited to, wolves, foxes, coyotes, dingoes, and
jackals, but excluding commonly accepted domesticated dogs.
Any crossbreeds such as the crossbreed between a wolf and a
dog, unless the crossbreed is commonly accepted as a domesticated
house pet.
Any primates, including lemurs, lorisidae, galagos, tarsiers,
monkeys, or apes.
Any crocodilians including alligators, crocodiles, gharials,
or caiman families.
Reptiles: Serpentes (snakes), Squamata (lizards).
Poisonous or venomous animals.
Land used as a permanent residence or domicile, such as a
house, apartment, nursing home, school, child-care facility or prison,
land zoned for such uses, or land where no zoning is in place.
Any person, firm, corporation, or organization that owns
or harbors an animal.
An animal that poses a threat to public safety as demonstrated
by any of the following behaviors:
Causing an injury to a person, domestic animal, or other lawfully
possessed nondomestic animal under the care and control of an owner
that is less severe than a serious injury;
Without provocation, chasing or menacing a person, domestic
animal, or other lawfully possessed nondomestic animal under the care
and control of its owner in an aggressive manner;
Acting in a highly aggressive manner within a fenced yard or
enclosure that the animal reasonably appears to be able to jump over
or escape.
Secure confinement indoors or secure confinement in a locked,
fenced pen, yard, or structure or if an animal can climb the fence,
with secure sides, which provides proper protection from the elements
for the animal, prevents the entry of young children, and is designed
to prevent the animal from escaping. An invisible fence does not constitute
a proper enclosure.
To perform a willful act or omission that an ordinary and
reasonable person would conclude is likely to precipitate the bite
or attack by an ordinary other animal.
A person who is familiar with the animal and has the size
and experience to be able to keep the animal under complete control
at all times.
Permanent, serious disfigurement; serious impairment of health;
or serious impairment of a bodily function.
An act or omission that causes unjustifiable pain, suffering,
and distress to an animal, or causes mental and emotional anguish
in the animal as evidenced by its altered behavior, for a purpose
such as sadistic pleasure, coercion, or punishment that an ordinary
and reasonable person would conclude is likely to precipitate the
bite or attack.
A.
It shall be unlawful for any person to keep, harbor or possess one or more nondomestic animals as defined in § 195-39 in this article or attempt to do any of these actions in any residential area in the City of Royal Oak.
B.
The following shall be a considered exceptions to Subsection A:
(1)
An animal that is not prohibited under state and federal law but is prohibited under this article pursuant to § 195-40A and is in the possession of and owned by a Royal Oak resident at the time this article is passed shall be an exception of this article if the animal is licensed in accordance with § 195-46.
(2)
The resident is a licensed wildlife rehabilitation organization temporarily
caring for an animal under that license.
(3)
The Detroit Zoological Society or other licensed zoological parks,
aquariums, and veterinary care facilities are not subject to this
article.
It shall be prohibited to breed any nondomestic animal as defined
by § 195-39D in any residentially zoned area of the City.
A.
This article shall be enforced by the Police and Fire Departments of the City and the Animal Control Officer of the City and any of his/her deputies or other agencies providing assistance at the request of the Police and Fire Departments or Animal Control. They are hereby authorized and empowered to serve a summons for violation of this article, as provided by § 195-47 of this chapter and to issue and serve appearance tickets in lieu of a summons for violation. They are further authorized to enforce the removal and euthanasia procedures of the nondomestic animal as detailed below in § 195-47.
B.
It shall be unlawful for any person to interfere with, prevent or
hinder any Public Safety or Animal Control Officer in the enforcement
of this article or the performance of any act required or authorized
by this article.
A.
Determination of dangerous or potentially dangerous nondomestic animal.
(1)
The Animal Control Officer shall have the authority to determine
that a nondomestic animal is dangerous or potentially dangerous, as
defined in this article, upon the complaint of any person that a nondomestic
animal is dangerous or potentially dangerous. When the Animal Control
Officer classifies any nondomestic animal as a dangerous or potentially
dangerous nondomestic animal under this article, the Animal Control
Officer shall notify the animal's owner of such classification
as follows:
(a)
The notice shall be in writing and mailed by certified mail
to the owner's last known address. If an animal has more than
one owner, notice to any one owner shall be sufficient.
(b)
The notice shall include a summary of the findings that form
the basis for the nondomestic animal's classification as dangerous
or potentially dangerous.
(c)
The notice shall be dated and shall state that the owner has
a right to request a hearing on the classification within 15 days
from the date of the notice.
(d)
The notice shall state that if a hearing is requested on the
classification, the Animal Review Board shall conduct the hearing.
(e)
The notice shall state that if the owner does not request such
a hearing within 15 days from the date of the notice, the classification
of the nondomestic animal as dangerous or potentially dangerous shall
be final and conclusive for all purposes under the City Code.
(f)
The notice shall include a form to request a hearing before
the Animal Review Board and shall provide specific instructions on
mailing or delivering such a request.
(2)
When the Animal Review Board receives a request for a hearing from
an owner, a hearing shall be scheduled within 30 days of receipt of
the request. At least five days prior to the hearing, the owner shall
be provided written notice of the date, time and place of the hearing.
At the hearing, the owner shall be given the opportunity to testify
and to present evidence. The Animal Review Board shall also receive
such other evidence and hear such other testimony as it may find reasonably
necessary to make a determination to sustain, modify or overrule the
classification of the nondomestic animal by the Animal Control Officer.
The Animal Review Board shall notify the owner, in writing, by certified
mail, of its determination on the matter. If the Animal Review Board
overrules the classification as determined by the Animal Control Officer
and finds that the animal is not dangerous or potentially dangerous,
then the nondomestic animal shall be immediately released to the owner
if the nondomestic animal was previously confiscated by the City.
If the determination is made that the nondomestic animal is a dangerous
animal or a potentially dangerous animal, the notice shall specify
the date upon which that determination is effective.
(3)
If the identity of the owner of a nondomestic animal that the Animal Control Officer has classified as dangerous or potentially dangerous cannot be determined, the nondomestic animal shall be immediately confiscated, with notice of same and a description of the animal given to the Police Department and the City of Royal Oak Animal Shelter. If the animal's owner claims such animal, the animal shall be released to its owner, together with a copy of the notice specified in Subsection A of this section. If the animal remains unclaimed for seven days, the animal shall be turned over to a licensed animal welfare organization, licensed wildlife rehabilitation organization or examined by a veterinarian and/or a local animal welfare organization to determine the viability of the animal or appropriate course of destruction of the animal, if necessary.
B.
Requirements for possession of dangerous or potentially dangerous
nondomestic animals.
(1)
Any owner of a dangerous or potentially dangerous nondomestic animal
shall be jointly and severally responsible with all other owners of
such animal for compliance with the requirements of this section.
(2)
No person shall own, possess, keep, harbor, or have custody or control
of a dangerous or potentially dangerous nondomestic animal, except
in compliance with all of the following requirements:
(a)
A dangerous or potentially dangerous nondomestic animal shall
not be permitted to remain in the City unless it is properly registered
as provided in this article and as otherwise required by law or ordinance.
(b)
Except under the circumstances otherwise specifically permitted
by this article, a dangerous or potentially dangerous nondomestic
animal shall at all times be maintained inside a proper enclosure
on the owner's property.
(c)
The premises where a dangerous or potentially dangerous nondomestic
animal is kept shall be posted with a clearly visible sign warning
that there is an animal on the premises that presents a danger to
human beings. Such sign shall also include a symbol sufficient to
convey without words the message that there is an animal on the premises
that presents a danger to human beings.
(d)
The owner of a dangerous or potentially dangerous nondomestic
animal shall, at the owner's option and expense, by or under
the supervision of a licensed veterinarian, have an identification
number tattooed upon the animal or have a microchip injected under
the animal's skin.
(e)
The owner of a dangerous or potentially dangerous nondomestic
animal shall, at all times, maintain a policy of insurance in a minimum
amount of $1,000,000 to cover claims for any personal injuries inflicted
by the animal, which policy shall be issued by an insurer authorized
to transact business in the State of Michigan.
C.
Registration of dangerous and potentially dangerous nondomestic animals.
(1)
No dangerous or potentially dangerous nondomestic animal shall be permitted to remain in the City unless it is registered in accordance with this article. In addition to the annual registration and/or licensing fees otherwise required by law and ordinance, the owner of a dangerous or potentially dangerous nondomestic animal shall pay an annual registration fee to be set by resolution of the City Commission and shall register the animal with the Royal Oak Police Department as a dangerous or a potentially dangerous nondomestic animal, according to the classification and determination previously made under this article. No dangerous or potentially dangerous nondomestic animal shall be registered unless the owner can provide sufficient evidence that all of the provisions in § 195-43B, as applicable, have been and are being met.
(2)
The registration provided by this section shall be nontransferable.
The registration shall be renewed annually or upon a change in the
location of the animal's primary habitat.
D.
Notice to Police Department.
(1)
The owner of a dangerous or potentially dangerous nondomestic animal
shall notify the Royal Oak Police Department in person or by telephone
within one hour of learning of the occurrence of any of the following
events:
(2)
The owner of a dangerous or potentially dangerous nondomestic animal
shall notify the Royal Oak Police Department in person or by telephone
within 24 hours of the occurrence of any of the following events:
(3)
Failure to notify the Royal Oak Police Department of the occurrence of any of the events listed in Subsection D(1) within the prescribed time period may result in immediate seizure of the animal and the initiation of an action in the District Court to remove the animal from the City or euthanize the animal as pursuant to § 195-47.
E.
Dangerous and potentially dangerous nondomestic animals outside proper
enclosure. It shall be unlawful for the owner of a dangerous or a
potentially dangerous nondomestic animal to permit the animal to be
outside a proper enclosure or leave the property of the owner unless
the animal is receiving veterinary care or being transported to or
from the owner's property to receive veterinary care.
F.
Confiscation and disposition of dangerous or potentially dangerous nondomestic animals. A dangerous or potentially dangerous animal shall be immediately confiscated by the Police Department or Animal Control Officer and proceedings to remove the animal from the City or euthanize the animal shall be initiated pursuant to § 195-47 upon the determination that one or more of the following circumstances exists:
(1)
The owner of the animal does not have the proper liability insurance required by § 195-43B(2)(e).
(2)
The animal is not validly and currently registered as is required by § 195-43B(2)(a) and 195-43C.
(3)
The animal has left the owner's property or is not maintained in a proper enclosure as is required by § 195-43B(2)(b).
(4)
The animal has attacked a human being or domestic animal.
(5)
The owner of the animal has failed to notify the Police Department
within 24 hours of the animal's escape or attack on a human being
or domestic animal.
G.
Review of potentially dangerous animal classification. The owner
of an animal that has been determined to be a potentially dangerous
animal shall be given the opportunity to request that the classification
of the animal as a potentially dangerous animal should be reconsidered
and removed. Such request may be granted by the District Court or
Animal Review Board, as applicable, if the owner demonstrates that
the animal has been incident-free for more than 18 months, and the
owner has complied in all respects with the provisions of this article
of the Code and any applicable court orders.
H.
Violations and penalties. In addition to any penalties set forth
elsewhere in this article and any penalties set forth in state law,
the owner of a dangerous or potentially dangerous animal that fails
to comply with the provisions of this article shall be guilty of a
misdemeanor, punishable by a fine of up to $500, up to 90 days in
jail, or both, in the discretion of the Court.
A.
The owner of a nondomestic animal as defined in § 195-39 but allowed to be possessed if licensed in accordance with § 195-40B(1), shall have the responsibility to ensure that the animal does not escape its enclosure or otherwise leave the owner's property. In the event the nondomestic animal does leave the owner's property, the owner shall be responsible for a municipal civil infraction and subject to a civil fine of not more than $500, plus costs.
B.
Owners of any licensed nondomestic animal as described in §§ 195-39 and 195-40B(1) are required to report any escape of their animal from the owner's property to the Royal Oak Police Department within one hour of becoming aware of the animal missing.
C.
The owner shall be responsible for making any modifications to the
animal's enclosure and/or their property to ensure that the nondomestic
animal cannot run at large in the future.
The City of Royal Oak shall have the right to recover costs
related to search, capture, impoundment, removal, care, relocation,
for or euthanizing of any nondomestic animals regardless of whether
it is a prohibited nondomestic animal or falls under § 195-40B's
exceptions.
Animals qualifying under § 195-40B(1) shall be required to obtain a license from the City Clerk's office.
A.
Licensing is required within 120 days of the effective date of this
article and shall be renewed annually until the prohibited animal
is transferred to another owner outside of the City, the owner no
longer lives in the City or upon death of the prohibited nondomestic
animal. Owners shall notify the City Clerk's office if the prohibited
animal no longer resides within the City or is deceased.
B.
The owner must provide proof of ownership of the nondomestic animal
as of November 7, 2021.
C.
Licensing shall only be valid for animals not prohibited under state
and federal law but prohibited by this article. The owner of a prohibited
animal shall not be allowed to license nondomestic animals acquired
after November 7, 2021.
D.
Licensing is only valid for the original owner and is not transferable
to another resident within the City. The owner of a licensed nondomestic
animal may change primary residences within the City and update the
City Clerk's office with new information.
E.
The license is only valid so long as the owner continuously maintains
a primary residence within the City of Royal Oak. Should the owner's
primary residence cease to be in the City of Royal Oak, the license
is automatically revoked and cannot be renewed or obtained after the
expiration of the 120-day period from the effective date of this article
should the owner reestablish primary residence within the City.
F.
Failure to obtain a license for a nondomestic animal within 120 days will result in the animal being prohibited and subject to removal or euthanasia pursuant to § 195-47.
G.
The owner of a licensed nondomestic animal shall provide the animal
with a proper enclosure that is designed to separate it from the public
areas of the community and contain said animal to the owner's
property. The owner is also responsible for providing adequate care
to the animal.
H.
The City shall set a licensing fee annually which shall be found
in the administrative fee schedule.
A.
For any violations of this article, the Animal Control Officer or
an officer of the Royal Oak Police Department may file a sworn complaint
in the District Court alleging that the owner of a nondomestic animal
has violated this article; the District Court shall issue a summons
ordering the owner to appear to show cause why the animal should not
be removed from the City or destroyed.
B.
Upon the filing of a sworn complaint as provided in Subsection A, the District Court shall order the owner to immediately turn the animal over to a proper animal control authority, an incorporated humane society, a licensed veterinarian, boarding kennel, licensed wildlife rehabilitation facility or sanctuary, at the owner's option, to be retained by them until a hearing is conducted and a decision is made for the disposition of the animal. The owner shall notify the person who retains the animal under this section of the complaint and order. The expense of the boarding and retention of the animal is to be borne by the owner.
C.
After a hearing, the Court may order the destruction of the animal
at the expense of the owner if the animal is found, without provocation,
to have attacked a person or to have attacked a domestic animal. If
the Court does not order the destruction of the animal but finds that
the animal is dangerous or potentially dangerous or the owner has
violated any provision of this article, the Court shall order the
owner of the animal to take whatever action the Court deems necessary
to protect the public from the animal, including, but not limited
to, removal of the animal from the City of Royal Oak.
