The following definitions shall be used in this article:
ANIMAL REVIEW BOARD 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.
DANGEROUS NONDOMESTIC ANIMAL A. Any animal that bites or attacks a person; or
B. 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.
C. A dangerous animal does not include any of the following:
(1) An animal that bites or attacks a person while being used by a law enforcement official for a legitimate law enforcement purpose;
(2) 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;
(3) 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;
(4) 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
(5) An animal that is responding to pain, injury or was protecting itself or its offspring.
INHERENTLY DANGEROUS 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.
NONDOMESTIC ANIMALS 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:
A. 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.
B. 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.
C. Any crossbreeds such as the crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted as a domesticated house pet.
D. Any primates, including lemurs, lorisidae, galagos, tarsiers, monkeys, or apes.
E. Any crocodilians including alligators, crocodiles, gharials, or caiman families.
F. Reptiles: Serpentes (snakes), Squamata (lizards).
G. Poisonous or venomous animals.
RESIDENTIAL AREA 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.
OWNER Any person, firm, corporation, or organization that owns or harbors an animal.
POTENTIALLY DANGEROUS NONDOMESTIC ANIMAL An animal that poses a threat to public safety as demonstrated by any of the following behaviors:
A. 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;
B. 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;
C. 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.
PROPER ENCLOSURE 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.
PROVOKE and PROVOCATION 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.
RESPONSIBLE PERSON 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.
SERIOUS INJURY Permanent, serious disfigurement; serious impairment of health; or serious impairment of a bodily function.
TORMENT 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.
It shall be prohibited to breed any nondomestic animal as defined by § 195-39D in any residentially zoned area of the City.
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.