(a) Upon the receipt of a verifiable complaint from an individual or other report of an attack, a bite, a dog fight, an injury, an observation of threatening behavior, or other reason to cause a reasonable person to believe that a dog or other animal may be dangerous, the Animal Care and Control Division shall evaluate the complaint or report and, where the factual circumstances warrant, may conduct a dangerous animal investigation. Where practicable, the investigation shall include interviewing the complainant, any victim or victims of the attack or animal bite and any witness or witnesses who observed the subject animal, and visiting the scene where the reported incident took place.
(b) This subsection shall be known as “Emma’s Clause” in honor and memory of Emma Valentina Hernandez, a nine year old girl that was mauled to death on August 19, 2019, when multiple dogs escaped from a neighbor's yard.
Upon the receipt of a verifiable complaint from an individual regarding an unsecured or inadequate enclosure or fencing to contain an animal at a residential location, or other reason to cause a reasonable person to believe that a dog or other animal may be dangerous, the Animal Care and Control Division shall evaluate the complaint or report and, where the factual circumstances warrant, shall conduct a dangerous animal investigation which shall include:
(1) A mandatory visit to the residential address to make contact with owner of the property or the owner of the animal;
(2) During the visit to the residential address, the animal control officer or investigator shall observe, note and photograph the enclosure or fencing to contain an animal at a residential location to assist in the determination of its sufficiency;
(3) If personal contact cannot be made with the owner of the property or the owner of the animal, a notice shall be posted at the residence requiring that the owner of the property or the owner of the animal contact Animal Care and Control Division within 48 hours of the date of the posting;
(4) After the expiration of the 48 hour period and without contact from the owner of the property or the owner of the animal at that residential address, the Animal Care and Control Division may attempt a second visit or, with the assistance of the Law Department, initiate show cause proceedings at 36th District Court, or both.
(c) The Animal Care and Control Division investigator who is assigned to the dangerous animal investigation shall make a written recommendation concerning the incident and the animal and whether the Administrator, or the Administrator's designee, should issue a dangerous animal determination, including the factual basis for the recommendation. For purposes of making a recommendation under this section, the investigating officer may review and rely upon a written police report concerning an animal attack, bite, threatening behavior, or other observation that an animal may be dangerous. Any animal that is the subject of a dangerous animal investigation shall not be moved or harbored at another location, excepting transport to a licensed veterinary facility for purposes of a rabies quarantine, or have its ownership transferred, pending the outcome of the investigation or any hearings related to the determination of whether the animal is a dangerous animal under this section.
(d) The Administrator or the Administrator's designee, shall review the recommendation contained in the dangerous animal investigation, and, after such review, shall have the authority to issue a dangerous animal determination concerning the subject dog or animal.
(e) Upon a dangerous animal determination, the Animal Care and Control Division shall provide the owner of the animal a written notification of the determination by first class mail. Within ten days from the date of the receipt of the mailing, the owner of the animal may file a written request for a hearing to review the determination at the 36th District Court. Pending any hearing or resolution on the dangerous animal determination, the animal shall be confined in accordance with the requirements imposed by the Administrator or the Administrator's designee, pursuant to Section 6-3-2 of this Code, including confinement in a securely fenced or enclosed area. Where the owner fails to request a hearing within the ten-day period after receipt of the notice, the dangerous animal determination made by the Administrator, or the Administrator's designee, shall become final and the animal shall be issued a dangerous animal determination under this section.
(f) Where the Administrator, or the Administrator's designee, makes a dangerous animal determination under Subsection (d) of this section and the animal has caused severe injury or death to any person or animal, the Administrator, or the Administrator's designee, may seek an order from the 36th District Court to euthanize the animal. Where the Administrator, or the Administrator's designee, makes a second dangerous animal determination under Subsection (c) of this section for a subsequent incident, the Administrator, or the Administrator's desig nee, may seek an order from the 36th District Court to euthanize the animal. The Administrator, or the Administrator's designee, shall take into consideration the severity and the total circumstances of injury to any person or to any animal prior to seeking review and shall abide by the procedures and judgment of the 36th District Court if an order to euthanize the animal is sought.
(g) Whenever an animal is seized or brought to the Animal Care and Control Division for having attacked or bitten a person or another animal, the Animal Care and Control Division shall hold and care for the animal during the pendency of a dangerous animal determination. The Animal shall not be released unless:
(1) The owner enters into an agreement with the Administrator, or the Administrator's designee, pursuant to Section 6-3-2 of this Code; or
(2) An order from the 36th District Court compels release of the animal to the owner.
(h) No animal held by the Animal Care and Control Division for a dangerous animal determination shall be euthanized prior to receipt of an order from the 36th District Court.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20); Amended by Ord. No. 2020-4 (JCC. 1/28/20, Pass. 2/18/20, App. 2/19/20, Pub. 4/9/21, Eff. 9/28/20).
(a) In all cases where an animal has been issued a potentially dangerous animal or dangerous animal determination under Section 6-3-1 of this Code and the animal is not euthanized, the Administrator, or the Administrator’s designee, shall make the determination of whether the animal may be returned to its owner. As part of the terms of return, the Administrator, or the Administrator’s designee, shall order the owner to comply with each of the following requirements:
(1) The owner shall maintain proper licensing and up-to-date vaccinations for the animal as required under Article V of this chapter;
(2) Where the animal was capable of reproduction prior to the potentially dangerous animal or dangerous animal determination, the animal must be altered;
(3) When the animal is on the owner’s property, the animal must be confined securely indoors or securely outdoors within a locked enclosure, pen, or structure that prevents the entry of any person and the escape of the confined animal. Any enclosure, pen, or structure used to confine an animal that has been issued a potentially dangerous animal or dangerous animal determination shall be a minimum of six feet in height. Where the enclosure, pen, or structure used to confine the animal does not have a bottom secured to the sides, the sides shall be embedded into the ground at a depth of at least two feet or be constructed on and secured to a concrete pad, and have a complete, secure top to prevent escape and be locked to prevent accidental access or escape. Any enclosure, pen, or structure, including any fencing, used for the purpose of compliance with this section is required to be humane, be maintained in a sanitary condition and provide protection from the weather for the animal. Every owner of an animal that has been issued a potentially dangerous animal or dangerous animal determination shall allow inspection of the required enclosure, pen, or structure by the City to ensure compliance with this section;
(4) While off the owner’s property, an animal that has been issued a potentially dangerous animal or dangerous animal determination must be securely muzzled to prevent the possibility of biting and under restraint by a substantial chain or leash not exceeding six feet in length by a person 18 years of age or older who is responsible for the animal at all times when the animal is off the owner’s property. The muzzle must be made and attached in a manner that does not cause injury to the animal or impair its vision or respiration, but must prevent the animal from biting any person or animal;
(5) The owner must permit the City to perform an annual inspection of the animal and all enclosures, pens, or structures used to house the animal at a time suitable to the Department and to the owner; and
(6) The owner of the animal that has been issued a dangerous animal determination must post a standard sign obtained from the Division of Animal Care and Control to serve as a warning notice on any premises where the animal is harbored, kept, or sheltered in a place conspicuously visible to the public stating in bold, black letters at least six inches in height “WARNING! DANGEROUS ANIMAL: KEEP AWAY.” The fee for the sign shall be the cost of production to the City and be listed on the fee schedule.
(7) The owner of the animal that has been issued a potentially dangerous animal determination must post a standard sign obtained from the Division of Animal Care and Control to serve as a warning notice on any premises where the animal is harbored, kept or sheltered in a place conspicuously visible to the public stating in bold, black letters at least six inches in height “WARNING! POTENTIALLY DANGEROUS ANIMAL: KEEP AWAY.” The fee for the sign shall be the cost of production to the City and be listed on the fee schedule.
(b) In addition, the Administrator, or the Administrator’s designee, may order the owner of an animal that has been issued a potentially dangerous animal or dangerous animal determination under Section 6-3-1 of this Code to comply with any one or more of the following requirements:
(1) The owner must confine the animal to the secure enclosure described in Subsection (a)(3) of this section at all times and only allow the animal out the enclosure under the conditions set forth in Subsection (a)(4) of this section, where necessary, to obtain veterinary care or to comply with a court order;
(2) The owner and the animal must complete a course of animal obedience training approved by the Animal Care and Control Division;
(3) The owner must purchase an approved form of external identification from the Animal Care and Control Division, indicating to other residents that the animal is potentially dangerous or dangerous; or
(4) The owner must obtain and provide proof of current liability insurance in an amount determined by the Administrator, or the Administrator’s designee, to be sufficient to compensate and protect the public from any damage or harm caused by the animal; or
(5) The owner must attend an Animal Awareness Program provided by the Animal Care and Control Division or the Michigan Humane Society. The Animal Awareness Program shall Include information on local ordinances, state law, animal care standards and any other materials deemed appropriate. Any program fees collected by the respective organization shall be retained and used for education and training for Animal Care and Control staff, law enforcement or animal welfare personnel.
(c) Compliance with any requirements set forth in Subparts (a) and (b) shall occur within 30 days of the determination being issued. The 30-day timeframe may be extended by the Administrator, in writing, for good cause. Bond shall be posted for the cost of 30 day boarding or extended timeframe at Animal Care and Control. Failure to comply with the requirements for return on the animal within the established timeframe shall result in the forfeiture of the animal to the ownership of the Division of Animal Care and Control.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).
(a) No person who owns an animal that has been issued a potentially dangerous animal, dangerous animal or vicious animal determination under Article III of this Code shall fail to comply with any of the requirements of Section 6-3-2 of this Code, or any order of the Administrator, or the Administrator’s designee, as authorized under this Code.
(b) Where an animal has been issued a potentially dangerous animal or dangerous animal determination pursuant to Section 6-3-1 of this Code and thereafter attacks or injures a person or domesticated animal, or where the owner fails to comply with any order issued under Section 6-3-2(a) or (b) of this Code, the animal may be seized and impounded, at the owner’s expense, by the Animal Care and Control Division. The Administrator, or the Administrator’s designee, is authorized to order the owner of the animal to comply with any of the alternatives contained in Section 6-3-2(b) of this Code or seek an order from the 36th District Court to euthanize the animal. Euthanasia of an animal shall only be conducted by a licensed veterinarian or the Animal Care and Control Division.
(c) A person is a reckless dog owner who:
(1) Receives 3 or more determinations for violation of the nuisance animal provisions in Section 6-1-7 in a consecutive 24-month period that are upheld by the district court if appealed; or
(2) Receives 2 or more determinations under Section 6-3-2 for a potentially dangerous animal in a consecutive 24-month period that are upheld by the district court if appealed; or
(3) Receives 1 determination under Section 6-3-2 for a dangerous animal in a consecutive 24-month period which is upheld by the district court if appealed; or
(4) Excluding violations set forth in Subparts (2) and (3) receives 4 or more citations for violation of this chapter in a consecutive 5-year period. These may include licensing or animal limit violations or failure to update location of an animal that has been determined to be potentially dangerous or dangerous.
(d) The Administrator, or the Administrator’s designee, shall issue a notification of the declaration of reckless dog owner to the person with the following:
(1) Name and address of the person subject to the declaration;
(2) The description, violation, and determinations that led to the declaration;
(3) The name, description, and license number of all animals subject to the effects of the declaration; and
(4) Instructions on appealing the declaration to the 36th district court.
(e) Once declared a reckless dog owner, the city licenses of all dogs owned by the person shall be revoked, and the person shall not own, keep, posses, or harbor a dog for a period of 3 calendar years from the date of the declaration.
(f) A person declared to be a reckless dog owner may apply to the Administrator to have the declaration waived after 2 years upon meeting the following conditions:
(1) The person has no subsequent violations of this chapter;
(2) The person has no subsequent violations of the Michigan Dog Law of 1919, being MCL 287.261 et seq., or this chapter and the administrative rules that have been promulgated under Section 6-1-4(1) of this Code.
(3) The person has completed the Animal Awareness Program identified in Secs. 6-1-3(g) 6-3-2(b)(5) or 6-1-7(d)(4) designed to improve the person’s understanding of dog ownership responsibilities and based upon an interview with the Administrator establishes that understanding.
(g) If the Administrator finds sufficient evidence that the person has complied with all conditions in the Section, the Administrator may rescind the reckless owner declaration subject to conditions if necessary to ensure future compliance with this chapter. If the Administrator declines to remove the declaration, the person may appeal pursuant to Chapter 3, Administrative Hearings and Enforcement, and Administrative Appeals, Article IV, Administrative Appeals, of this Code.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).
(a) It shall be unlawful to keep, possess, or harbor a vicious dog, as determined under Article III of this Chapter, within the City.
(b) Provisions of this Section shall not apply to a police dog being used to assist one or more law enforcement officers acting in an official capacity.
(c) The Administrator of the Animal Care and Control Division shall seek a destruction order from the district court to euthanize an animal that has been declared vicious under Article III of this Chapter.
(d) The owner of an animal subject to a destruction order of the district court may appeal as prescribed by the Revised Judicature Act of 1961, being MCL 600.101, et seq, and MCL 600.8342 in particular, or other applicable state law.
(e) The owner of a vicious dog shall be liable for and shall pay all costs associated with impoundment, removal, or euthanasia of said animal. The owner shall pay any other associated costs incurred with the enforcement of this Chapter relative to their animal.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-5 (JCC. 1/28/20, Pass. 2/25/20, App. 2/26/20, Pub. 3/25/20, Eff. 9/27/20).