The purposes of this chapter are to promote
the public health, safety and general welfare of the citizens of the
City of Kalamazoo and to ensure the humane treatment of animals by
regulating the care and control of animals within the City.
A.
This chapter shall be enforced by the Public Safety Department of the City and the animal control officer of the county and any of his/her deputies. They are hereby authorized and empowered to serve a summons for a violation of this chapter, as provided by § 1-8 of this Code, and to issue and serve appearance tickets in lieu of a summons for said violation.
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 chapter or the performance of any act required
or authorized by this chapter.
[Amended 11-15-2004 by Ord. No. 1779]
When used in this chapter, the following words
and terms shall mean:
Any live creature, both domestic and wild. This shall include
fowl, fish and reptiles.
An animal that is off the premises of the owner and not on
a leash or otherwise under immediate control.
Includes dogs, cats, domesticated sheep, horses, cattle,
goats, swine, fowl, ducks, geese, turkeys, confined domestic hares
and rabbits, pheasants, and other birds or animals raised and/or maintained
in confinement.
Any undomesticated animal or any dangerous animal normally
classified as wild. In addition, this specifically includes, but is
not limited to, the following animals: non-domestically bred parrots,
parakeets or other exotic birds, Canada geese, alligators, bears,
birds of prey, monkeys, panthers, cougars, lions, wolves, coyotes,
chimpanzees, venomous or constrictor reptiles, and wild felines. In
addition, it shall include any hybrid between a wild animal and a
domesticated animal, such as a hybrid between a dog and a wolf, a
dog and a coyote, a cat and a bobcat, or other wild feline.
Includes, but is not limited to, any animal which makes/creates
habitually disturbing noises, foul or offensive odors, unsanitary
conditions, or chases pedestrians, bicycles or motor vehicles.
Any person having temporary or permanent custody of, sheltering
or having charge and control of any animal covered by this chapter.
Any animal that attacks, bites or physically injures a human
being or other animal without provocation.
No person shall keep, upon any premises within
the City limits, any swine whatever, without a special permit from
the City Commission or its designee, which permit shall be granted
only upon the written application of the person desiring the permit.
Such application shall specify the location of the premises upon which
the swine are proposed to be kept and the number desired to be kept.
Such permit, if granted, shall state the location of the premises
and the number of swine allowed to be kept, and it shall be unlawful
to keep such swine upon any other premises or to keep any greater
number than specified in the permit.
[1]
Editor's Note: Former § 7-5, Keeping of rabbits
and poultry, was repealed 10-16-2023 by Ord. No. 2075.
A.
It shall be unlawful for any person to keep or harbor or own any horse, mule, ass, sheep, goat, cow or other farm animal not subject to the provisions of §§ 7-4 and 7-5 of this chapter within the limits of the City unless the same are kept in a lot at least two acres in size and unless the same are kept in a sanitary condition, free of offensive odors and provided that such animal is kept in an area which is totally enclosed with a suitable fence or enclosure to prevent the animal from running at large. Exceptions to any of these requirements shall only be by written permission from the Chief of Public Safety. Horses or similar animals which are kept or used as part of a commercial operation on a seasonal basis within the City and are used to pull carriages or conduct similar activities shall not be subject to the requirement that they be kept in a lot at least two acres in size; provided, however, that the animals are kept in a sanitary condition and in an area which is enclosed with a fence or other enclosure to prevent the animal from running at large. No person shall keep or harbor or own within the City more than two animals described in this subsection.
B.
No horse, mule, ass, swine or other farm animal, including
poultry, shall be permitted to run at large anywhere within the City
limits. The owner or harborer of any animal or fowl running at large
in violation of this section shall be deemed guilty of violating this
section.
It shall be unlawful for any person, other than a publicly maintained and supervised zoo or zoological garden, a licensed and authorized circus, an accredited and licensed educational institution, or an accredited and licensed medical or pharmaceutical laboratory maintained and operated by a corporation, firm, hospital, or health maintenance organization in which there is a laboratory for the primary benefit of human health care, to keep and maintain, or permit to be kept or maintained, any exotic or wild animal as deemed in § 7-3, "exotic/wild animal."
A.
Subject to the other articles of this chapter, it shall be unlawful for any owner to permit an animal to be at large as deemed in § 7-3, "at large."
B.
The City shall not be responsible for damages done by any animal which is found at large as deemed in § 7-3, "at large."
C.
Any animal found running at large in the City in violation of this section may be captured and turned over to the custody of Kalamazoo County Animal Control. It shall be the duty of the Public Safety Department or Kalamazoo County Animal Control to take and detain any animal running at large anywhere within the limits of the City as defined in § 7-3, "at large.". The owner of such animal shall be required to pay all charges or costs of such detention as required by law.
No person shall hunt or trap wildlife at any
time within the City limits, except with the approval of the City
Manager or Chief of Public Safety, nor shall any person carrying a
firearm or hunting weapon trespass upon the land of another in the
City without the landowner's consent. This prohibition shall not apply
to the trapping of rats, mice and moles, and shall not apply to the
humane live trapping of squirrels, raccoons, chipmunks, and other
wild or domestic animals which may be causing damage to property or
which constitute a nuisance within a dwelling or building or structure
or curtilage within the City. The selling for commercial purposes
of such animals which have been trapped or the offering for sale or
the keeping for sale for commercial purposes of such animals which
have been trapped is prohibited. The disposal of such animals which
have been live-trapped shall be to release such animals in the natural
habitat of such animals. This prohibition shall not apply to a law
a enforcement officer when acting to enforce the law or to control
or dispose of dangerous or seriously injured wild or domestic animals.
It shall be unlawful for any person to cause
or permit any combat between animals and humans. "Combat" herein is
defined as any physical fight, struggle or contest and shall include,
but is not limited to, the following: bear wrestling or fights or
wrestling between humans and other animals. It shall be unlawful for
any person to obtain the use of a building, shed, room, yard, ground,
or premises, or to rent said premises for the purpose of allowing
or causing any combat between animals and humans. It shall be unlawful
for any person to knowingly permit the use of a building, shed, room,
yard, ground, or premises belonging to him or her under his or her
control for any of the purposes set forth in this section.
It shall be unlawful for any owner to keep any animal which causes a public nuisance as defined in § 7-3.
It shall be unlawful for any person to own or harbor any vicious or dangerous animal as defined in § 7-3.
[Added 11-15-2004 by Ord. No. 1779]
It shall be unlawful for any person to abandon
animals within the City.
