[HISTORY: Adopted by the City Council of
the City of Roseville 4-23-2024 by Ord. No. 1334.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 75,
Animals, consisting of Art. I, Keeping of Animals, adopted 2-28-1984 by Ord. No.
895 as Art. I of Ch. 75 of the 1984 Code, Art. II, Dogs, adopted 2-28-1984 by Ord. No. 895 as Art. II of Ch. 75 of the 1984 Code, Art. III, Dogs Running at Large, adopted 2-28-1984 by Ord. No.
895 as Art. IV of Ch. 75 of the 1984 Code, Art. IV, Swine, adopted 2-28-1984 by Ord. No. 895 as Article V of Ch. 75 of the 1984 Code, and Art. V, Cats, adopted 6-14-1988 by Ord. No. 972 as Art. VI of Ch. 75 of the 1985 Code, all as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
To desert, forsake, or give up an animal without having secured
another owner or custodian for the animal or having transferred the
animal to the animal care and control agency or animal protection
shelter.
As defined in MCL § 750.50, "adequate care" 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. To the extent of responsible practice
of animal husbandry, handling, confinement, protection, transportation,
treatment, and, when necessary, euthanasia, appropriate for the age,
species, condition, size, and type of the animal, and the provision
of veterinary care when needed to prevent suffering, impairment of
health, or the treatment of illness or injury.
Provision of and access to shelter that is suitable for the
species, age, condition, size, and type of each animal; provides adequate
space for each animal; is safe and protects each animal from injury,
rain, sleet, snow, hail, direct sunlight, the adverse effects of heat
or cold, physical suffering, and impairment of health; is properly
lighted; is properly cleaned; enables each animal to be clean and
dry, except when detrimental to the species; during hot weather, is
properly shaded and does not readily conduct heat; during cold weather,
has a windbreak at its entrance and provides a quantity of bedding
material consisting of straw, wood shavings, or the equivalent that
is sufficient to protect the animal from cold and promote the retention
of body heat; and, for dogs and cats, provides a solid surface, resting
platform, pad, floor mat, or similar device that is large enough for
the animal to lie on in a normal manner and can be maintained in a
sanitary manner. Shelters whose wire, grid, or slat floors permit
the animals' feet to pass through the openings, sag under the
animals' weight, or otherwise do not protect the animals'
feet or toes from injury, are not adequate shelter.
Any living vertebrate creature, wild or domestic, except
humans.
Any firm, person, or corporation which is engaged in the
operation of breeding and raising animals for the purpose of selling,
trading, bartering, giving away, or otherwise transferring same.
Any employee who is certified by the Michigan Department
of Agriculture to perform animal control duties who is under the direction
of the Director.
A facility operated for the impoundment and care of animals
that are found in the streets or at large, animals that are otherwise
held due to violations of a municipal ordinance or state law, or animals
that are surrendered to the animal control shelter.
A facility operated by a person, humane society, a society
for the prevention of cruelty to animals, or another nonprofit organization
for the care of homeless animals.
The animal kenneling facility used by Macomb County to house
stray or unwanted animals.
The condition wherein an animal is off the premises of its
owner and is not under secure restraint by a substantial leash, not
to exceed six feet in length, or is not otherwise under the charge
and control of a person competent to keep such animal under effective
charge and control.
An animal of the Felidae family of the order Carnivora.
Any free-roaming cat that may be cared for by one or more
residents of the immediate area who is/are known or unknown. A community
cat may or may not be feral. Community cats may be distinguished from
other cats by being sterilized, ear tipped and vaccinated for rabies.
A community cat may also be defined as a cat found outside that is
brought to the animal shelter and not yet sterilized, ear tipped or
vaccinated for rabies.
A person who provides care, including food, shelter or medical
care, to a community cat and is actively involved in Macomb County
Animal Control's trap-neuter-return program, while not being
considered the owner, custodian, harborer, controller, or keeper of
a community cat, or who has care or charge of a community cat.
An animal whose behavior is dangerous. Dangerous behavior
shall include, but not be limited to, biting or otherwise causing
serious injury to a person or other animal on public or private property
where the injured person or other animal is legally entitled to be,
including the property of the animal's owner or custodian. An
animal that is intentionally trained or conditioned to fight or guard,
except for animals trained for law enforcement or service purposes
while engaged in the activities for which they were trained, shall
be considered a dangerous animal.
The Macomb County Animal Control Division.
The Director or Chief Animal Control Deputy of the Macomb
County Animal Control Division, and his/her designee.
An animal of the Canidae family of the order Carnivora.
Any establishment that keeps, harbors or boards more than
the municipal limit, whether for breeding, sale, animal rescue/protection
or sporting purposes.
The registration of a rabies-vaccinated dog that is four
or more months old, residing within Macomb County, as mandated by
MCL § 287.262.
Any animal which is accustomed to living in an environment
managed by humans and is suitable for the purpose of human companionship
or service.
The removal of the 1/4 inch tip of a community cat's
left ear, performed while the cat is under anesthesia, in compliance
with any applicable federal or state law, and under the supervision
of a licensed veterinarian, designed to be the universal identification
that the community cat is sterilized and lawfully vaccinated for rabies
at least once.
Includes any wild mammal, reptile or fowl which is not naturally
tame or gentle but is of a wild nature or disposition, and which,
because of its size, vicious nature or other characteristics, would
constitute a danger to human life or property. Dangerous or exotic
animals include, but are not limited to:
Reptiles, insects, or arachnids which are venomous and which
are not indigenous to Macomb County; or any reptile not indigenous
to Macomb County which weighs 40 pounds or more, whether venomous
or not.
Non-human primates.
Animals covered under the Michigan Wolf-Dog Cross Act as per
MCL §§ 287.1001 through 287.1023.
Animals covered under the Michigan Large Carnivore Act as per
MCL §§ 287.1101 through 287.1123.
A domesticated animal of any age of the species Mustela furo.
Pet health certificates must be issued by a veterinarian
and are valid for 30 days from the date of examination. The health
certificate must be signed by an accredited veterinarian after examining
the pet and determining that it is free of infectious diseases.
Any person, business, organization, or corporation that is
registered with the Macomb County Animal Control Division and is in
good standing, that does not meet the state (MDARD) requirements for
the large-scale breeder and has less than 15 intact animals over the
age of four months, that breeds animals for sale, trade or giving
away and whose primary source of income is not derived from the breeding
and/or sale of animals.
An animal confined, kept, and maintained by the Macomb County
Animal Control Division.
Members of the class Reptilia, including, but not limited
to, monitor lizards, alligators, pythons, boa constrictors, venomous
reptiles and constrictor snakes that grow to more than 72 inches long.
Cattle, elk, reindeer, bison, horses, deer, sheep, goats,
swine, poultry (including egg-production poultry), fowl, llamas, alpacas,
live fish, crawfish, and any other animals that are part of a foundation
herd (including producing dairy cattle) or offspring.
Any bird whose life expectancy is expected to exceed 25 years,
including, but not limited to, cockatoos, macaws and amazons.
A professional sterilization procedure performed by a veterinarian
that renders a male animal incapable of reproducing.
Every person having a right of property in an animal;
An authorized agent of the person having a right of property
in an animal;
Every person who keeps or harbors an animal or has it in his
or her care, custody or control;
Every person who permits an animal to remain on or about the
premises occupied by him or her;
Every person who has the apparent authority to have a right
of property in an animal;
Any person having control or purporting to have control over
an animal;
The person named in the licensing records of any animal as the
owner;
The occupant of the premises where the animal is usually kept,
if such premises is other than the premises of the owner as shown
on the licensing records;
The parent or guardian of an owner under 18 years of age shall
be deemed the owner as defined in this section. If an animal has more
than one owner, all such persons are jointly and severally liable
for the acts or omissions of an owner, even if the animal was in the
possession of or under the control of a keeper at the time of the
offense.
An individual, firm, partnership, corporation, trust, or
any association of persons.
A long-eared short-tailed lagomorph mammal with long hind
legs of the Leporidae family.
A professional sterilization procedure performed by a veterinarian
that renders a female dog, cat or ferret incapable of reproducing.
Any animal running loose on public or private property without
restraint.
The restraint and confinement of an animal by use of a chain,
rope or similar device.
The process of humanely trapping, sterilizing, vaccinating
for rabies, ear-tipping, and returning community cats to their original
location.
Any animal which is now or historically has been found in
the wild, or in the wild state, within the boundaries of the United
States, its territories, or possessions. This term includes, but is
not limited to, animals such as deer, skunk, opossum, raccoon, mink,
armadillo, coyote, squirrel, fox, wolf, etc.
A.
Animals running at large. A person who owns or has custody or control
of an animal shall prevent the animal from running at large. A person
who owns or has custody or control of an animal shall, at any time
the animal is off that person's property, restrain the animal
with a lead or leash of a length sufficient to maintain effective
control of the animal.
B.
Capture. The Director may capture or take into custody:
(1)
Unlicensed dogs;
(2)
Dogs and other domestic animals that are running at large in violation
of local ordinance or county or state laws;
(3)
Stray, abandoned, or abused animals;
(4)
Animals maintained contrary to any city or township ordinance, or
state or federal law other than an animal control ordinance adopted
pursuant to MCL § 287.290;
(6)
Any animal that has bitten a person.
C.
Observation. The Director may capture and take into custody, or accept
and care for, any animal to be held for observation at the recommendation
of a doctor, veterinarian, or the Health Department.
D.
Private property. The Director is authorized to rescue any animal
on any property, public or private, in conjunction with the fulfillment
of the duties and responsibilities in this chapter. No person shall
refuse to permit the Director, after proper identification, to inspect
any premises in accordance with MCL § 333.2446, nor shall
any person interfere with or resist the Director in the discharge
of these duties and the protection of the public health.
E.
Proof of animal licenses or certificates of vaccination. The Director
may require that a person owning any dog provide proof of the required
vaccination certificate or the current license and license tag for
the dog.
F.
Wearing of license tag. Dogs must wear valid license tags when off
their owner's property. An owner whose dog is off his/her property
without wearing a valid license tag is in violation of this chapter
and MCL § 287.262.
G.
Failure to show license. It is a violation of this chapter for a
person, upon whom a demand is made, to fail or refuse to exhibit the
dog certificate of vaccination or its license tag.
H.
Interference with an Animal Control Deputy. No person shall interfere
with, oppose, or resist an Animal Control Deputy while he/she is engaged
in the performance of any act authorized by this chapter.
I.
Unauthorized removal from the shelter. No person shall remove any
animal from the custody of the Department, nor shall any person remove
any animal from the Animal Shelter without first receiving permission
from the Director or his/her designee.
K.
Stray livestock. A person who owns or has custody or control of livestock
or poultry shall prevent such animals from running at large on public
or private property without the consent of the property owner. However,
this section shall not prohibit the leading or driving of livestock,
under the owner's or custodian's supervision, along a public
roadway.
A.
Animal Shelter. The Animal Shelter is the animal custodial care facility
for Macomb County. The Director shall hold all animals impounded by
him/her as provided in MCL § 287.388. Any animal found stray
in Macomb County which is delivered to the Animal Shelter shall be
delivered during normal working hours.
B.
Relinquishing strays. Any person picking up any stray domestic animal
or domestic animal found running at large shall deliver such animal
to the Director by taking it to Macomb County Animal Control, in accordance
with MCL § 287.308, for required legal stray hold to be
completed through Animal Control.
C.
Length of impoundment. The length of impoundment shall be computed
by excluding the first day the animal is impounded at the shelter
and including the last day of confinement. If the last day is a weekend
or a county-observed holiday, the period shall be extended to the
next business day. Length of impoundment before the animal becomes
county property shall be:
(1)
Unlicensed animals. The Animal Shelter shall hold all healthy unlicensed
animals for four business days.
(2)
Animals with current owner information (including, but not limited
to, microchip, dog license and ID tag that leads to the owner). Animal
Control shall hold all healthy stray animals with current, valid identification
seven business days from the date notice is given.
(3)
Sick or injured animals. Any animal that is suffering unduly may
be euthanized at the discretion of the Director.
(4)
Voluntarily surrendered animals. Any animal may be euthanized at
the request of the owner for health reasons.
(5)
Animals deemed a public health hazard. The Animal Shelter shall hold
any animal deemed to be a public health hazard until such time as
a court of competent jurisdiction makes a determination as to the
disposition of the animal or the owner consents.
(6)
Animals confiscated for neglect/cruelty shall be subject to a "show
cause" hearing. Upon the filing of the civil action, the court shall
set a hearing on the complaint. The hearing must be conducted within
14 days of the filing of the civil action, or as soon as practicable.
The hearing must be before a judge without a jury, as outlined in
MCL § 750.50(3).
(7)
Livestock. The Macomb County Animal Control shall hold livestock
in accordance with Act 328, MCL § 433.16.
D.
Records. The Director shall keep a record of each animal impounded,
the date of the impounding, the date and manner of its disposition
and, if redeemed, reclaimed or sold, the name and amount of all fees
collected because of the impounding, reclaiming, or purchasing of
the animal, together with the number of any license tag or kennel
license exhibited or purchased upon the redemption or sale. Animals
being impounded by Animal Control must be accompanied by specific
information regarding how the animal was obtained, including, but
not limited to, the point of origin and names of persons in possession
of the animal.
E.
Compliance. The Director shall not release or sell any animal that
has been impounded in accordance with this chapter unless the person
to whom the animal is released provides satisfactory proof that the
animal will be maintained in accordance with this chapter and any
other relevant ordinance or statute.
F.
Medical attention. The Director may employ a veterinarian whenever
he/she deems it necessary in a medical emergency in order to care
properly for an impounded animal. The county shall charge a fee for
veterinary services and such animal shall not be redeemed without
payment of such fee in addition to other impoundment fees and costs.
G.
Microchipping and vaccinations. All animals impounded by the Macomb
County Animal Control are required to be microchipped and vaccinated
prior to release, at the expense of their owner.
H.
Payment of fees. The Director shall not release any owned animal
unless the fees and charges for Animal Shelter services in impounding
and caring for the animal, disposition and redemption, dog licenses
and any other services furnished have been paid in full. These fees
and costs shall be periodically reviewed by the Macomb Office of the
County Executive.
I.
Unclaimed animals. All animals not reclaimed within a period of time
established for the holding of strays shall be dispositioned at the
discretion of the Director.
B.
Rabies vaccination. All dogs shall be protected by a rabies vaccine
at the time of license issuance. Such vaccine shall be administered
by a veterinarian, except when a veterinarian states annually, in
writing, that the dog should not be vaccinated for medical reasons
and indicates when/if the dog can be vaccinated.
C.
Licensing limitations. A dog license shall be issued for only an
animal that has a current rabies vaccination. A one-year license may
be issued to an unvaccinated dog if the required veterinarian certification
has been obtained.
D.
Individual licenses. The Director shall issue licenses as provided
by MCL § 287.274. License fees shall be periodically reviewed
by the Macomb Office of the County Executive.
E.
License late fees. Failure to comply with the licensing requirements of § 75-4A will result in the imposition of such late fees and penalties as may be periodically reviewed by the Macomb Office of the County Executive, in addition to penalties established by local and state laws.
F.
Hobby breeder registration. A county-permitted hobby breeder may
sell, trade, exchange or otherwise place up to 20 animals per calendar
year.
(1)
Registration. Hobby breeder registrations are limited annually to
one per person, entity, corporation and location. The applicant must
not have been convicted of animal negligence, cruelty, abuse, or in
violation of Macomb County Animal Control best practices. All registration
requests are subject to approval. Registration fees shall be periodically
reviewed by the Macomb Office of the County Executive.
(2)
Inspection. A recipient of a hobby breeder permit shall allow an inspection performed by Animal Control as specified in § 75-2D annually, without a warrant of the premises used for sheltering, harboring, and/or maintaining, except for those portions of the premises used solely for human habitation or to house personal pets not used for breeding. Conditions are specified in §§ 75-5 and 75-7. Hobby breeders shall maintain current verifiable records for a period of at least two years. The records shall include:
(a)
The verified name and address of the person from whom the animal
was acquired, where the animal was acquired, and the date that the
animal was acquired.
(b)
A description and identification of the animal, including the
animal's identification information, color, breed, sex, alteration
status, and approximate weight and age.
(c)
The date and method of disposition of the animal. If the animal
is adopted, transferred, or sold, the records shall also include the
verified name and address of the person to whom the dog is adopted,
transferred, or sold.
(d)
The number of intact breeding adult animals.
(e)
Breeding records for each female intact animal that include
the approximate date the animal was bred and the birth date and size
of each litter.
(3)
Medical care. Every hobby breeder permittee shall have a primary
veterinarian responsible for the veterinary care of the animals. All
animals on the premises must be current on required rabies and species-age-specific
vaccinations and licensed. Pet health certificates must be issued
by a veterinarian; a copy must be provided when selling, trading,
exchanging or otherwise placing the animal, and a copy must be kept
for the breeder's records and provided during inspections. Animals
involved in interstate transport will be required to have a valid
certificate of veterinary inspection.
B.
Rabies vaccination. Each dog kept in a kennel shall be up to date on age-appropriate vaccinations, including, but not limited to, rabies vaccination as specified in § 75-4B.
C.
Display of license. Every person having a kennel license shall keep
the license posted in a conspicuous manner at the kennel and obtain
individual dog licenses for each qualifying dog (over four months
old).
D.
Conditions of kennel.
(1)
Building. Whenever a commercial animal facility is unattended, the
name, address and telephone number of the owner of the facility and
the person responsible for the care of animals shall be posted in
a conspicuous place at the front of the facility. Enclosures that
give adequate protection against weather extremes shall be provided.
Floors and walls of buildings shall be of an impervious material to
enable proper cleaning and disinfecting. The building temperature
shall be maintained at a reasonable level and adequate ventilation
shall be provided.
(2)
Cages. Cages shall provide enough space to let each dog stand up,
lie down, and turn around without touching the top or sides of the
cage. Cages shall be of a material and construction that permits cleaning
and sanitizing. Cage floors, unless radiantly heated, shall have either
a resting area above the cage floor or some type of bedding.
(3)
Runs. Dog runs shall be of concrete or pea gravel. Concrete runs
shall have adequate slopes for sanitation. If pea gravel is used,
droppings must be collected and removed. All runs must be periodically
disinfected.
(4)
Feeding. All food shall be free of contamination, wholesome, palatable,
and of sufficient quality and nutritive value to meet the daily requirements
determined by the condition and size of the animal.
(5)
Water. All animals shall have fresh water available at all times.
Water vessels shall be mounted or secured in a manner that prevents
tipping.
A.
Quarantine. Every animal that has bitten a person/animal shall be
quarantined for a period of not less than 10 days. Such quarantine
shall be at the Macomb County Animal Control, a veterinary office,
or a place designated by the Director. The owner shall surrender the
dog to the Director upon request. Should the owner refuse to cooperate,
the Director may seek a court order or warrant to enforce the quarantine
in accordance with Sections 2241 and 2242 of the Public Health Code.[1]
[1]
Editor's Note: See MCL §§ 333.2241 and
333.2242.
B.
Public health hazard. The Director may declare any animal that is
known to have bitten a person or other animal, or be infected with/exposed
to a zoonotic disease, a public health hazard. At their discretion,
the Director may require that the animal be removed from the community,
quarantined or confined in a manner specified by the Director. Should
the owner refuse to cooperate, the Director may seek a court order
or warrant to enforce the removal, quarantine, or confinement in accordance
with Sections 2241 and 2242 of the Public Health Code. The Director
shall give written notice to the owner of their intent to petition
a court of competent jurisdiction for authorization to euthanize or
otherwise dispose of the animal. The owner shall then have 48 hours
to respond before the petition is filed.
C.
Defecation. A person who owns or has custody or control of an animal
shall prevent the animal from defecating on any public or private
property other than their own or shall immediately collect and properly
dispose of all fecal matter deposited by the animal while it is off
his/her property.
D.
Nuisance or dangerous animal. A person who owns or has custody of
an animal shall prevent the animal from engaging in nuisance or dangerous
behavior. An animal whose behavior constitutes a nuisance shall include,
but not be limited to:
(1)
Making physical contact with a person or other animal in a harassing
manner;
(2)
Urinating or defecating;
(3)
Damaging inanimate personal property; and
(4)
Incessant barking as to unreasonably disturb the peace.
(a)
Evidence that the dog(s) has/have barked or howled for an aggregate
period of 20 minutes out of one hour shall be sufficient for conviction.
If the nuisance barking or howling complaint is determined to be provoked
by any other animal or nearby pedestrian(s), it may be excluded from
the aggregate time if the owner:
(b)
Upon evaluation of the report, if, in the opinion of the animal
control officer, the dog is creating a nuisance by barking or howling
incessantly or continuously, the animal control officer shall issue
a citation to the owner of said animal for a violation of this section.
Personal appearance before the court shall be mandatory.
E.
Potentially dangerous dog. The purpose of this section is to establish
a procedure for identifying dogs that pose a potential or significant
threat to the safety of people, animals, or property, to impose precautionary
restrictions on such dogs in an effort to prevent a serious injury
from occurring, and to promote responsible ownership of all dogs within
the county.
(1)
Determination of a potentially dangerous dog. The determination that
a dog is potentially dangerous shall be based on the following specific
behaviors exhibited by the dog:
(a)
Menaces, chases, displays threatening or aggressive behavior
toward, or otherwise threatens or endangers the safety of a person
or domestic animal.
(b)
Causes injury to a person or domestic animal that is less than
a severe injury. For purposes of this section, the term "severe injury"
means permanent, serious disfigurement, serious impairment of health,
or serious impairment of a bodily function.
(c)
Aggressively bites a person or domestic animal. For purposes
of this section, the term "aggressively bites" means the dog physically
bit the person or animal in a manner not normally associated with
playfulness or accidental behavior while exhibiting objective signs
of aggression, attack behavior, or intent to harm. The damage inflicted
by a bite, or lack thereof, may also be used by animal control officials
as a factor in determining whether a bite was aggressive.
(d)
Any of the behaviors listed above exhibited in another community
and documented in an official report of any law enforcement or animal
control agency.
(2)
Notice of determination. An Animal Control Deputy shall have the
authority to make a determination that a dog is potentially dangerous
if the Animal Control Deputy concludes the dog has exhibited the behaviors
specified in this section. The owner or keeper of a dog determined
to be potentially dangerous shall be provided with a notice containing
the following information:
(a)
A summary of the findings that form the basis for the determination
that the dog is potentially dangerous.
(b)
Notice of requirements necessary to possess a potentially dangerous
dog in the City or county.
(c)
Notice of the right to request removal of the potentially dangerous
classification after the dog has resided and been licensed within
the county for a minimum of three full years following the date that
the dog is licensed with the county as a potentially dangerous dog
without any violations of the conditions required for keeping the
potentially dangerous dog and without any new incidents involving
behavior by the dog that would qualify for a potentially dangerous
determination pursuant to this section. The removal request shall
be sent, in writing, to Animal Control. The decision to remove the
potentially dangerous classification shall be made in the first instance
by Animal Control upon a review of the history of the dog and its
residence for the three years preceding the date of the removal request,
including a premises inspection and an inspection of the dog to ensure
that the conditions set forth in this section have been followed.
(3)
Mitigating circumstances. An Animal Control Deputy shall have discretion
to refrain from making a potentially dangerous determination if the
animal control officer determines that the behavior was the result
of the victim abusing or tormenting the dog, was directed toward a
trespasser or person committing or attempting to commit a crime, involved
accidental or instinctive behavior while playing, did not involve
a significant injury, or other similar mitigating or extenuating circumstances.
(4)
Impoundment. A dog that is determined to be potentially dangerous
shall be removed from the City and placed with the Department or,
in the discretion of Animal Control, the owner may authorize placement
of the dog at a residential home outside of the City, or with a qualified
rescue organization or qualified dog lodging business, during any
quarantine period and until the owner has either confirmed a new place
of residence for the dog outside of the City. If the dog is not being
housed at the Department, it must first be microchipped with all information
required by animal control. All impoundment, lodging, and microchipping
costs are the sole responsibility of the dog's owner.
(5)
Requirements for possession of a potentially dangerous dog. If the
owner of the dog requests that the dog be permitted to return to the
City, its return shall not be permitted until the following requirements
have been satisfied:
(a)
Animal Control shall confirm the following:
[1]
The owner or keeper shall install secure fencing at the property
where the dog will reside which is maintained in good repair with
self-locking ingress or egress gates. The fencing may be any combination
of chain-link fencing and/or privacy fencing, shall only be installed
upon obtaining all required fence permits from the City, and shall
pass all required inspections prior to the dog's return to the
property.
[2]
When removed from the property of the owner or keeper, a potentially
dangerous dog shall always be restrained by a secure leash of no more
than four feet in length and under the control of a capable person.
[3]
A potentially dangerous dog shall have a microchip implanted
by a licensed veterinarian. The microchip shall contain the name and
approximate age of the dog, its classification as potentially dangerous,
and the name, address, and telephone number of the registered owner.
[4]
The owner shall obtain and maintain public liability insurance
with policy coverage in the minimum amount of $250,000.
[5]
Two recent color photographs of the dog, which clearly show
the color and approximate size of the animal, shall be provided to
animal control.
[6]
The potentially dangerous dog shall meet the requirements of
the AKC's Canine Good Citizen Program, or its equivalent, to
the satisfaction of animal control. Dogs that are under one year of
age are ineligible for the AKC Canine Good Citizen Program, so such
dogs must be enrolled in or have completed the AKC START Program or
an equivalent approved by animal control. The dog may not return to
its City residence until these requirements have been met, but it
may be kept at a qualified rescue or dog housing business until proof
of successful completion of the program is submitted to, and acknowledged
by, animal control. For every future violation of this chapter for
which a dog may be determined to be potentially dangerous which occurs
after the dog has completed the requirements of this subsection and
been properly registered under this section, additional training or
testing, including, but not limited to, renewing the dog's compliance
with this section, may be imposed by animal control as a condition
of continuing to keep the dog within the City, unless the dog's
status is changed to dangerous due to the nature or frequency of the
new violation(s).
[7]
The potentially dangerous dog, if over 12 weeks old, has been
spayed or neutered.
[8]
All impoundment and lodging costs have been paid by the owner.
(b)
Before the dog returns to any property within the City other
than a qualified rescue organization or a boarding business, the owner
of a potentially dangerous dog shall ensure that the dog's license
is current and shall register the dog with Macomb County Animal Control
as a potentially dangerous dog with all information required by this
chapter, as well as the following:
[1]
Proof of animal control's certification that the required
fence, self-locking gate, and leash have all been procured for the
dog.
[2]
Proof of microchipping and the information contained on the
microchip. The owner shall ensure that the microchip information is
kept up to date.
[3]
Proof of the required insurance policy.
[4]
Proof of the successful completion of the required training
and temperament testing.
[5]
Two recent color photographs of the dog, which clearly show
the color and approximate size of the animal.
(c)
The owner or keeper of a potentially dangerous dog must, within
10 business days, report to the Macomb County Animal Control if the
dog has been permanently removed from the City, has died, or has relocated
within the City. The new address of a relocated potentially dangerous
dog shall be provided as part of the report.
(d)
After its initial registration, a potentially dangerous dog
shall be registered with the Department annually and its owner or
keeper shall pay a registration fee established by the Macomb Office
of the County Executive's annual discretionary fees approval
process. This registration and fee shall be in addition to any other
requirements for annual licensing of an animal.
(6)
Visiting dogs. Any dog that does not reside within the City and is licensed by another community but which is determined to be a potentially dangerous dog pursuant to this section shall not be subject to the conditions for possessing a potentially dangerous dog within the City, except that the dog shall be microchipped before its release, all impound and microchipping costs shall be paid by the owner, and its owner and keeper shall be advised by animal control that the dog is not to return unless all of the conditions for possessing a potentially dangerous dog are first satisfied. In the event the dog is subsequently in the City without full compliance with the requirements for possessing a potentially dangerous dog, the person harboring or possessing the dog shall be subject to the penalties set forth in § 75-8.
(7)
Penalties. Any person who owns, harbors, keeps, or possesses a potentially dangerous dog in violation of any of the requirements of this section for possessing a potentially dangerous dog, or who in any way aids or abets such ownership, harboring, keeping, or possession, shall be in violation as set forth in § 75-8.
A.
B.
Unattended animals. No animal shall be without attention, supervision
for an unreasonable period of time.
C.
Severe weather conditions. It shall be unlawful for any person to
leave any dog outside and unattended during any period in which a
severe weather warning has been issued for Macomb County, Michigan,
by the National or local Weather Service for an unreasonable amount
of time if the temperature during such period remains entirely either
below 32° F. or above 90° F. "Outside," for purposes of this
section, shall mean any dog that is outdoors subject to the weather
and elements, which expressly includes, but is not limited to, a dog
in a securely fenced-in yard, a dog in a carrier, or a dog tethered
or tied-out. The dog shall be considered outside regardless of access
to an outdoor doghouse or similar structure, unless such structure
is a properly functioning climate-controlled and weather-resistant
structure.
(1)
Dangerous surroundings. No condition shall be maintained or permitted
that is, or could reasonably be expected to be, injurious to the animal.
(2)
Teasing. Every reasonable precaution shall be taken to ensure that
animals are not teased, abused, mistreated, annoyed, tormented or
made to suffer by any person or means.
(3)
Protection. All reasonable precautions shall be taken to protect
the public from animals and animals from the public.
(4)
Sick animals. Every animal facility shall isolate sick animals sufficiently
so as not to endanger the health of other animals.
(5)
Ventilation and light. Every building or enclosure where animals
are maintained shall be constructed of materials easily cleaned and
shall be kept in a sanitary condition. The building shall be properly
ventilated to prevent drafts and to remove odors. Heating and cooling
shall be provided as required according to the physical needs of the
animals, with sufficient light to allow observation of the animals.
(6)
Veterinarian attention. The owner or custodian shall take an animal
to a veterinarian for an examination and treatment if the Director
finds this is necessary in order to maintain the health of the animal
and so orders.
(7)
Cages. All animal rooms, cages, kennels, and runs shall be of sufficient
size to provide adequate and proper accommodation for the animals.
(9)
Structural strength. Housing facilities for animals shall be structurally
sound and shall be maintained in good repair to protect the animals
from injury, contain the animals and restrict the entrance of other
animals.
(10)
Tethering. It shall be unlawful for any person to attach chains or
tethers, restraints or implements directly to a dog without the proper
use of a collar, harness or other device designed for that purpose
and made from a material that prevents injury to the animal. In addition,
no person shall:
(a)
Tether a dog without the continuous presence of an adult on
the premises at all times that the dog is restrained; or
(b)
Leave a dog outdoors without the continuous presence of an adult
on the premises at all times; or
(c)
Tether a dog unless the tether is a coated steel cable specifically
designed for restraining dogs and is at least three times the length
of the dog as measured from the tip of its nose to the base of its
tail and is attached to a harness or non-choke collar specifically
designed for tethering, with a swivel attached to both ends, done
in such a manner as to not cause injury, strangulation or entanglement
of the dog on fences, trees, another tethered dog, or any other man-made
or natural objects; or
(d)
Tether more than one dog to a single tether or tether one dog
to a single tether that would allow the dog to come within three feet
of another tethered dog or a property line; or
(e)
Use a tether or any assembly or attachments thereto to tether
a dog that shall weigh more than 1/8 of the animal's body weight,
or due to weight, inhibit the free movement for the animal within
the area tethered; or
(f)
Tether a dog on a choke chain or in such a manner as to cause
injury, strangulation, or entanglement of the dog on fences, trees,
or other man-made or natural obstacles; or
(g)
Tether a dog without access to shade when sunlight is likely
to cause overheating; or appropriate shelter to provide insulation
and protection against cold and dampness when the atmospheric temperature
falls below 40° F., or to tether a dog without securing its water
supply so that it cannot be tipped over by the tether; or
(h)
Tether a dog in an open area where it can be teased by persons
or an open area that does not provide the dog protection from attack
by other animals; or
(i)
Tether an animal in an area where bare earth is present and
no steps have been taken to prevent the surface from becoming wet
and muddy in the event of precipitation.
D.
Leaving animal in unattended vehicle. It shall be unlawful to leave
or confine an animal in an unattended motor vehicle under conditions
that endanger the health or well-being of the animal. A person owes
a duty of care to an animal that the person leaves confined in an
unattended vehicle.
(1)
No police officer, Animal Control Deputy or firefighter who enters
into an unattended vehicle in order to rescue an animal, nor the employer
of any such person, shall be liable for any damage caused by the rescue,
provided that the person:
(a)
Prior to entry, makes a reasonable effort to locate the person
who owes a duty of care to the animal.
(b)
Acts under a reasonable belief that the animal is in severe
physical distress.
(c)
Takes reasonable steps to ensure or restore the well-being of
the animal.
(d)
Leaves a note on or in the vehicle directing the person to the
law enforcement agency having custody of the animal, including the
address where the animal can be located.
(2)
The immunity provided shall apply regardless of whether the person
is charged with or found guilty of committing an offense under this
section.
E.
Cruelty. In accordance with MCL § 750.50b, it shall be
unlawful for a person to perform acts of cruelty on an animal, including,
but not limited to, the following:
(1)
Beating. No person shall beat, kick, hit, bite, burn, or in any manner
cause an animal to suffer needlessly.
(2)
Injury. No person shall cause abusive injury to an animal.
(3)
Teasing. No person shall tease or entice a dog or other animal.
(4)
Alcohol. No person shall give an animal any alcoholic beverage or
controlled drug unless prescribed by a veterinarian.
(5)
Incompatible animals. No person shall allow animals which are natural
enemies, temperamentally unsuited, or otherwise incompatible to be
quartered together or so near each other as to cause injury, fear,
or torment. Animals shall not be considered enemies if two or more
animals are trained so that they can be placed together without attacking
each other or performing or attempting any hostile act toward each
other.
(6)
Injurious tack. No person shall allow the use of any tack, equipment,
device, substance or material that is, or could be, injurious or cause
unnecessary cruelty to an animal.
(7)
Proper exercise. Working animals shall be given exercise proper for
the individual animal under the particular conditions.
(8)
Working sick animals. No person shall work or use any animal that
is overheated, weakened, exhausted, sick, injured, diseased, lame,
or otherwise unfit.
(9)
Female in heat. No person having a bitch in heat shall permit her
to be contained in a fashion that gives stray animals access to her
or that permits her to escape.
(10)
Confinement. No person shall confine a dog on a chain for an unreasonable
time unless the chain permits movement over at least 30 square feet
and allows the dog free access to a suitable shelter.
(11)
Abandonment. No person shall abandon any animal.
F.
Dangerous or exotic animals. No person shall own, possess, breed,
exchange, buy, sell or harbor any dangerous or exotic animals without
proper federal, state or local permits and City approval.
(1)
Inspection. An inspection shall be performed by Macomb County Animal Control, regardless of exception, as specified in § 75-2D, annually, without a warrant, of the premises used for sheltering, harboring, and/or maintaining, except for those portions of the premises used solely for human habitation. The provisions of this section shall not apply to:
(a)
Exceptions. Exotic animals shall be permitted to organizations
and/or entities that are accredited by the American Association of
Zoological Parks and Aquariums (AZA).
G.
Wild animals. Wild animals are not allowed to be confined on any
premises in any zoning district without City approval, except in conjunction
with the following situations:
(1)
Inspection. An inspection shall be performed by Macomb County Animal Control, regardless of exception, as specified in § 75-2D, annually, without a warrant, of the premises used for sheltering, harboring, and/or maintaining, except for those portions of the premises used solely for human habitation.
(2)
Exceptions. The provisions of this section shall not apply to:
(a)
Wild animals shall be permitted to organizations and/or entities
that are accredited by the American Association of Zoological Parks
and Aquariums (AZA).
(b)
Pursuant to a possession permit issued by the state department
of natural resources as defined in the Wildlife Conservation Order,
in good standing, authorizing temporary noncommercial shelter and/or
treatment for an injured or abandoned wild animal until the animal
can feasibly be released from captivity.
H.
Community cats. The preferred method for controlling the community
cat population is through trap-neuter-return (TNR). TNR is a method
for humanely and effectively managing cat colonies and reducing free-roaming
cat populations. The process involves trapping the cats in a colony,
having them spayed/neutered, ear-tipped for identification, and vaccinated
against rabies, then releasing them back into their original territory.
(1)
All community cats shall be sterilized, ear-tipped and vaccinated
in accordance with the trap-neuter-return process.
(2)
All community cats living in colonies shall be cared for on the private
property of the community cat caregiver or with the permission of
the property owner or property manager.
(3)
All community cats may be managed and maintained by a community cat
caregiver under the following requirements:
(a)
Food. Feeding areas may not be located within 30 feet of a primary
residential or commercial structure.
[1]
Food shall be provided in the proper quantity for the number
of cats being managed and is to be supplied no more than twice per
day, for only 30 minutes each feeding time.
[2]
Food must be placed in feeding containers that are maintained
and secure.
[3]
All feeding stations shall be kept in a clean, sanitary manner.
[4]
Food may only be placed out between the hours of dawn and dusk.
No food shall be left out overnight.
(b)
Water. Supplied water must be clean, potable, and free from
debris and algae.
(c)
Shelter. If shelter is provided, it shall be unobtrusive, safe,
and of the proper size for the cat(s). Shelters may not be located
within 30 feet of a primary residential or commercial structure.
(4)
Trapping of free-roaming or community cats is permitted only for
the purpose of trap-neuter-return, unless the community cat is injured
and veterinary care is required.
(5)
An ear-tipped cat received by Animal Control shall be returned to
the location where it was trapped with no hold periods, unless veterinary
care is required.
A.
Criminal penalties. A violation of this chapter is a misdemeanor
as adjudicated by a court of competent jurisdiction, punishable by
imprisonment for not more than 90 days or a fine of not more than
$500, or both, pursuant to Section 2441 of the Michigan Public Health
Code, Act 368 of 1978, as amended.[1] Each day that a violation of this chapter continues may
be deemed a separate offense by a court of competent jurisdiction.
[1]
Editor's Note: See MCL § 333.2441.
B.
Civil penalties. The Macomb Office of the County Executive may adopt
a schedule of monetary civil penalties to be assessed for violations
of this chapter, as provided in Sections 2461 through 2462 of the
Michigan Public Health Code, Act 368 of 1978, as amended.[2]
[2]
Editor's Note: See MCL §§ 333.2461 through
333.2462.
C.
Injunctive proceedings. If a person has violated a provision of this
chapter, the Director may seek injunctive relief from a court of competent
jurisdiction to restrain, enjoin, prevent or correct the violation
as provided in Section 2465 of the Michigan Public Health Code, Act
368 of 1978, as amended.[3]
[3]
Editor's Note: See MCL § 333.2465.
Any person taking exception to, or aggrieved by, a decision,
ruling, requirement, notice, or violation issued under this chapter,
after an opportunity for an administrative conference with the Director,
has the right to a contested case hearing in the matter. The contested
case hearing shall be conducted in accordance with written policies
and procedures adopted by the Department and applicable provisions
of the Administrative Procedures Act of 1969.[1] Any person taking exception to or aggrieved by any administrative
action shall have the right to seek judicial review.
[1]
Editor's Note: See MCL § 24.201 et seq.
