[Adopted 5-14-1973 by Ord. No. 73-4]
This article shall be known and may be cited
as the "Dog Ordinance."
[Amended 7-21-2003 by Ord. No. 2003-07; 5-6-2013 by Ord. No.
2013-07]
The following terms when used in this article
shall have the definitions set forth in this section:
Off the premises of the owner and not under reasonable control.
Any dog, whether male, female or unsexed.
Fecal matter or excrement issuing from dogs.
When applied to the proprietorship of a dog, shall include
every person having a right of property in such dog, and every person
who keeps or harbors such dog or has it in his care, and every person
who permits such dog to remain in or about any premises occupied by
him.
Any land, building, sidewalk, driveway, parking lot, street,
roadway or roadbed, park, playground or other recreation area which
is not owned or leased by the City of Royal Oak, or any other such
property not owned or leased by the State of Michigan, Oakland County,
the Royal Oak Board of Education or any agency thereof, which property
is located within the geographic boundaries of the City of Royal Oak.
Any land, building, sidewalk, driveway, parking lot, street,
roadway or roadbed, park playground or other recreation area which
is either owned or leased by the City of Royal Oak or any other such
property owned or leased by the State of Michigan, Oakland County,
the Royal Oak Board of Education or any agency thereof, which property
is located within the geographic boundaries of the City of Royal Oak.
Keeping a dog on a suitable leash, cord, chain or rope of
sufficient strength while under control of the owner, member of the
owner's family or other responsible person who has the owner's permission,
in all cases other than while confined upon the owner's property or
while dog is confined in a closed automobile or shipping receptacle.
[Amended 7-13-1992 by Ord. No. 92-11; 7-21-2003 by Ord. No.
2003-07]
A.
It shall be unlawful for any person to own, possess, keep, or harbor
any dog six months of age or over without first having obtained a
license therefor.
[Amended 5-6-2013 by Ord. No. 2013-07]
B.
Any person becoming the owner of any dog six months
or older which has not already been licensed in the City of Royal
Oak shall, within 30 days, apply for and secure a license for such
dog.
C.
The owner of a dog which has been duly licensed in
another jurisdiction shall make application for a City of Royal Oak
dog license within 30 days after such dog has been brought within
the City of Royal Oak.
[Amended 7-13-1992 by Ord. No. 92-11; 7-21-2003 by Ord. No.
2003-07]
A.
Individual dog licenses to own or harbor a dog shall
be issued by the City Clerk upon application and payment of a license
fee. An application for a license shall be accompanied by proof of
vaccination of the dog in the form of a valid certificate of vaccination
for rabies, with a vaccine license by the United States Department
of Agriculture, signed by an accredited veterinarian.
B.
If a valid certificate of rabies vaccination states
that the dog has been given a one-year inoculation with in the past
six months, a two-year inoculation within the past 18 months or a
three-year inoculation within the past 30 months, then a one-year
license may be issued.
C.
If a valid certificate of rabies vaccination states
that the dog has been given a two-year inoculation within the past
six months or a three-year inoculation within the past 18 months,
then a two-year license may be issued.
D.
If a valid certificate of rabies vaccination states
that the dog has been given a three-year inoculation within the past
six months, then a three-year license may be issued.
[Amended 4-14-1975 by Ord. No. 75-6; 10-10-1977 by Ord. No.
77-16; 9-17-1984 by Ord. No. 84-17; 7-13-1992 by Ord. No. 92-11; 7-21-2003 by Ord. No. 2003-07]
A.
The amount of the fee for a dog license shall be set by resolution
of the City Commission.
[Amended 5-6-2013 by Ord. No. 2013-07]
B.
This section does not apply to any dog which is used
as defined in MCLA § 393.351 for a blind person as defined
in MCLA § 393.351, to a hearing dog for a deaf or audibly
impaired person as defined in MCLA § 752.61, or to a service
dog for a physically limited person as defined in MCLA § 125.1351.
[Amended 10-16-2006 by Ord. No. 2006-09]
C.
All dog licenses issued pursuant to this article shall
expire on the expiration date of the rabies vaccination stated on
the proof of vaccination presented at the time of license application.
[Amended 4-14-1975 by Ord. No. 75-6; 9-17-1984 by Ord. No.
84-17; 7-21-2003 by Ord. No. 2003-07; 10-16-2006 by Ord. No.
2006-09; 5-20-2013 by Ord. No. 2013-08]
Upon the issuance of a license, the Clerk shall deliver to the
licensee a license tag of metal or other suitable material, containing
the number of the license duly stamped or engraved thereon, and the
year that the dog's rabies vaccination expires. Absence of a license
tag from any dog shall be prima facie evidence that the dog is not
licensed, and any person finding such dog on his premises or running
at large may seize and deliver such dog to the pound. No person shall
remove any license tag from any dog without the consent of the person
owning or harboring the dog, and no tag shall be used on the collar
or harness of any dog other than the dog for which the tag was issued.
In the case of the loss of a tag, the owner may secure a duplicate
from the City Clerk upon payment of a fee set by resolution of the
City Commission.
[Amended 7-21-2003 by Ord. No. 2003-07; 5-6-2013 by Ord. No.
2013-07]
A.
No person shall harbor or keep any dog which by loud, or frequent,
or habitual barking, yelping or howling shall cause a serious annoyance
to the neighborhood or to people passing to and fro upon the streets.
B.
No person shall own or harbor a dog that has been bitten by any animal
known to have been afflicted with rabies. Any person who shall have
in his possession a dog which has contracted or is suspected of having
contracted rabies, or which has been bitten by any animal suspected
of being afflicted with rabies, or which has bitten any person, shall,
upon demand of the Animal Control Officer, produce and surrender up
said dog to the said Animal Control Officer to be held for observation
for a period of 10 days; provided that, with the approval of the Animal
Control Officer, any such dog may be surrendered to a registered veterinarian
or to any approved, nonprofit corporation organized for the purpose
of sheltering dogs, or may be confined for a period of 10 days at
the owner's home. It shall be unlawful for any person to remove or
allow the removal from his premises of a dog so confined for observation
without the written permission of the Animal Control Officer. Every
owner, or other person, upon ascertaining that a dog is rabid, shall
immediately notify the Animal Control Officer or a police officer,
who shall either remove the dog to the pound or summarily destroy
it. Whenever any dog is brought to the pound for having bitten a person,
the Animal Control Officer may, if deemed necessary and after holding
such dog for a sufficient length of time to meet the requirements
of the Health Department, cause such dog to be destroyed as a dangerous
animal.
[Amended 7-21-2003 by Ord. No. 2003-07]
A.
Duties of dog owners. Every dog owner or person in
possession of a dog shall collect any dog litter left by their dog
by retrieving same immediately following its deposit by the dog and
thereafter disposing of such dog litter by flushing it down the toilet
connected to a sanitary sewer system, by placement in an appropriate
disposal system manufactured for the purpose of dog litter disposal,
or by disposal on the dog owner's property or the property of the
person in possession of the dog.
B.
Excrement removal device required. No person owning
or possessing a dog shall cause or permit that dog to be in any area
of any public property unless that person has in his immediate possession
an appropriate device for the retrieval of dog excrement and an appropriate
depository for the transmission of dog excrement to a receptacle located
on property possessed or owned by that person.
C.
No person shall remove dog litter from any place and
thereafter cause it to be deposited on any public property or the
private property of third parties.
D.
No person shall place, deposit, throw or insert dog
litter into any storm drain or storm sewer system in the City of Royal
Oak.
It shall be unlawful for:
A.
Any owner of any female dog to permit said female
dog to go beyond the premises of such owner when she is in heat, unless
said female dog is held properly in leash; or
B.
Any owner to allow any dog to stray beyond his premises
unless under reasonable control as defined by this article; or
C.
Any owner to allow any dog to leave his premises under
any conditions, unless such dog has been immunized against rabies;
provided that nothing herein shall be interpreted to prevent an owner
taking his dog to the offices of a veterinarian for purposes of having
said dog immunized; or
[Amended 7-21-2003 by Ord. No. 2003-07]
D.
Any owner to cause or permit any dog owned by him
or under his control or custody to enter any park where a sign or
signs are posted bearing the legend "No Dogs Allowed," or other words
to that effect. This section does not apply to any dog which is used
as defined in § 393.351 for a blind person as defined in
MCLA § 393.351, to a hearing dog for a deaf or audibly impaired
person as defined in MCLA § 752.61, or to a service dog
for a physically limited person as defined in MCLA § 125.1351.
[Added 7-21-2003 by Ord. No. 2003-07]
No person owning or harboring any dog, or any
other person, shall treat a dog in a cruel or inhuman manner, or wilfully
or negligently cause or permit any dog to suffer unnecessary torture
or pain. Failure to provide food, water or shelter shall be construed
as cruelty.
The City of Royal Oak shall provide and maintain
a pound, and it shall be the duty of the Dog Warden, or any other
person employed by the City Manager for that purpose, and of any police
officer of the City, to promptly seize, take up and place in said
pound all dogs that may be found running at large, or being kept or
harbored any place within the City of Royal Oak contrary to the provisions
of this article.
[Amended 6-26-1978 by Ord. No. 78-14]
A.
The owner of a dog impounded under the provisions
of this article may claim said dog by properly identifying himself
as the owner of said animal and upon meeting the following conditions:
(1)
Payment of an impounding fee, a boarding fee and such
other fees as shall be established by resolution of the City Commission.
(2)
The showing of a dog license for said dog, or if such
dog has no license, then the securing of such a license and the showing
of proof of vaccination of said dog for rabies.
B.
It shall be the duty of the Dog Warden to destroy
in a humane manner all impounded dogs which are not claimed and released
within one week after being impounded; provided, however, if in his
judgment said dog is valuable or otherwise desirable for keeping,
the Dog warden may dispose of said dog to any reasonable person who
will undertake to remove said dog from the City or keep and harbor
said dog within the City in accordance with the provisions of this
article. The bodies of all dogs destroyed at the pound or elsewhere
in the City shall be disposed of by the Dog Warden in a manner approved
by the Health Department.
[Amended 9-17-1984 by Ord. No. 84-17; 7-13-1992 by Ord. No.
92-11; 7-21-2003 by Ord. No. 2003-07; 5-6-2013 by Ord. No.
2013-07]
It shall be the duty of the Animal Control Officer, or other
person designated by the City Manager for the purpose, to make diligent
inquiry as to the dogs owned, harbored, or kept, or kennels operated,
in the City of Royal Oak, and whether such dogs or kennels are licensed.
Any dog found without a valid license may be seized and impounded
by the Animal Control Officer or other authorized person.
Every owner of a dog shall be liable for damages
for any and all injuries to person or property caused by such dog,
to be determined and collected in appropriate civil proceedings, and
nothing in this article shall be construed to impose any liability
upon the City of Royal Oak, its agents or employees, for damages caused
by such dog.
[Amended 9-17-1984 by Ord. No. 84-17; 7-21-2003 by Ord. No.
2003-07]
A.
Any person or persons violating any of the provisions, except those provided for in Subsection B of this section, shall, upon conviction thereof, be subject to a fine of not to exceed $500 or imprisonment of not to exceed 90 days, or both such fine and imprisonment in the discretion of the court.
B.
Violation of § 195-15.
(1)
A person violating § 195-15 for the first occasion is responsible for a municipal civil infraction and subject to payment of a civil fine of not less than $200, plus costs.
C.
Exceptions. This section does not apply to any dog
which is used as defined in MCLA § 393.351 for a blind person
as defined in MCLA § 393.351, to a hearing dog for a deaf
or audibly impaired person as defined in MCLA § 752.61,
or to a service dog for a physically limited person as defined in
MCLA § 125.1351.
