As used in this chapter, the following terms shall have the
meanings indicated:
ABANDON
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.
ADEQUATE CARE
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.
ADEQUATE SHELTER
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.
ANIMAL
Any living vertebrate creature, wild or domestic, except
humans.
ANIMAL BREEDER
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.
ANIMAL CONTROL OFFICER
Any employee who is certified by the Michigan Department
of Agriculture to perform animal control duties who is under the direction
of the Director.
ANIMAL CONTROL SHELTER
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.
ANIMAL PROTECTION 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.
ANIMAL SHELTER
The animal kenneling facility used by Macomb County to house
stray or unwanted animals.
AT LARGE
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.
CAT
An animal of the Felidae family of the order Carnivora.
COMMUNITY CAT
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.
COMMUNITY CAT CAREGIVER
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.
DANGEROUS ANIMAL
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.
DEPARTMENT
The Macomb County Animal Control Division.
DOG
An animal of the Canidae family of the order Carnivora.
DOG KENNEL
Any establishment that keeps, harbors or boards more than
the municipal limit, whether for breeding, sale, animal rescue/protection
or sporting purposes.
DOG LICENSE
The registration of a rabies-vaccinated dog that is four
or more months old, residing within Macomb County, as mandated by
MCL § 287.262.
DOMESTICATED ANIMAL
Any animal which is accustomed to living in an environment
managed by humans and is suitable for the purpose of human companionship
or service.
EAR-TIPPING
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.
EXOTIC ANIMAL
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:
A.
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.
C.
Animals covered under the Michigan Wolf-Dog Cross Act as per
MCL §§ 287.1001 through 287.1023.
D.
Animals covered under the Michigan Large Carnivore Act as per
MCL §§ 287.1101 through 287.1123.
FERRET
A domesticated animal of any age of the species Mustela furo.
HEALTH CERTIFICATE
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.
HOBBY BREEDER
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.
IMPOUND
An animal confined, kept, and maintained by the Macomb County
Animal Control Division.
LARGE REPTILES
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.
LIVESTOCK
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.
LONG-LIVED BIRDS
Any bird whose life expectancy is expected to exceed 25 years,
including, but not limited to, cockatoos, macaws and amazons.
NEUTER/CASTRATION
A professional sterilization procedure performed by a veterinarian
that renders a male animal incapable of reproducing.
OWNER
A.
Every person having a right of property in an animal;
B.
An authorized agent of the person having a right of property
in an animal;
C.
Every person who keeps or harbors an animal or has it in his
or her care, custody or control;
D.
Every person who permits an animal to remain on or about the
premises occupied by him or her;
E.
Every person who has the apparent authority to have a right
of property in an animal;
F.
Any person having control or purporting to have control over
an animal;
G.
The person named in the licensing records of any animal as the
owner;
H.
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;
I.
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.
PERSON
An individual, firm, partnership, corporation, trust, or
any association of persons.
RABBIT
A long-eared short-tailed lagomorph mammal with long hind
legs of the Leporidae family.
SPAY
A professional sterilization procedure performed by a veterinarian
that renders a female dog, cat or ferret incapable of reproducing.
STRAY ANIMAL
Any animal running loose on public or private property without
restraint.
TETHERING
The restraint and confinement of an animal by use of a chain,
rope or similar device.
TRAP-NEUTER-RETURN
The process of humanely trapping, sterilizing, vaccinating
for rabies, ear-tipping, and returning community cats to their original
location.
WILD ANIMAL
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.
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. Any person taking exception to or aggrieved by any administrative
action shall have the right to seek judicial review.