For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Abandonment means an owner leaving an animal unattended for at least seventy two (72) consecutive hours.
Adequate Shelter means provision of and access to shelter that is:
(1) Suitable for the species, age, condition, size, and type of each animal;
(2) Provides adequate space for each animal;
(3) 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;
(4) Is properly lighted;
(5) Is properly cleaned;
(6) Enables each animal to be clean and dry, except when detrimental to the species;
(7) During hot weather, is properly shaded and does not readily conduct heat;
(8) During cold weather, has a windbreak at its entrance and provides a quantity of bedding material consisting of straw, cedar shavings, or the equivalent that is sufficient to protect the animal from cold and promote the retention of body heat; and
(9) 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.
Under this chapter, shelters whose wire, grid, or slat floors (i) permit the animals’ feet to pass through the openings, (ii) sag under the animals’ weight, or (iii) otherwise do not protect the animals’ feet or toes from injury are not adequate shelter.
Adequate space means sufficient space to allow each animal to:
(1) Easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal; and
(2) Interact safely with other animals in the enclosure.
Administrator means the individual with direct supervisory control over the Animal Care and Control Division.
Adoption means the transfer of ownership of a cat or dog, or other animal permitted under this code, from a releasing agency to an individual.
Altered means an animal that has been neutered or spayed by a veterinarian licensed to practice veterinary medicine.
Animal means any living domesticated or wild invertebrate or vertebrate, excluding humans.
Animal Care and Control Division means the division of the Health Department, or such other designated City department or agency, authorized to administer and enforce the provisions of this chapter.
Animal Control Investigator means any person employed or appointed by the City authorized to investigate and enforce violations under the provisions of this Chapter, investigate complaints in compliance with legal enforcement procedures and conduct seizure of property and animals pursuant to dangerous animal provisions.
Animal Control Officer means any person employed or appointed by the City who is authorized to investigate and enforce violations under the provisions of this Chapter.
Animal Control Shelter means the animal control shelter established, operated, and maintained by the City pursuant to Article IV of this chapter.
Business License Center means the division of the Buildings, Safety Engineering and Environmental Department, or such other designated City department or agency, authorized to issue business licenses.
Dangerous animal means an animal that:
(1) Has attacked, bitten, or otherwise caused injury to a person without provocation; or
(2) Has attacked, bitten, or otherwise caused injury to another domesticated animal without provocation; or
(3) Has chased or approached any person on one or more occasion and without provocation on any public property, or on any private property that is not the property of the animal’s owner, in an apparent attempt to attack or injure the person.
Companion animal means an animal that is commonly considered to be, or is considered by its owner to be, a pet, or that is a service animal. Companion animal includes, but is not limited to, dogs and cats. A companion animal shall not include a farm animal, urban farm animal, or wild animal. Dangerous animal determination means a written declaration or order issued by the Administrator, or the Administrator’s designee, finding that an animal is a dangerous animal as defined by this article.
Department means the Health Department, or successor department, with administrative oversight and control of the Animal Care and Control Division.
Domesticated animal means any animal which is accustomed to living in an environment managed by humans and is suitable for the purpose of human companionship or service.
Enclosure or primary enclosure means for an animal that has not been determined to be potentially dangerous or dangerous under this Chapter, a pen or structure used to confine an animal out of doors that is kept in a sanitary condition, provides adequate space, is properly lighted and provides adequate shelter. In addition to the foregoing, an enclosure or primary enclosure for an animal determined to be potentially dangerous or dangerous under this Chapter shall also be required to have appropriate signage, be a minimum of six feet in height and constructed so that the sides shall be embedded into the ground by a depth of at least two feet or be constructed on and secured to a concrete pad, that has a complete, secure top to prevent escape and is locked to prevent accidental access or escape.
Farm animal means, but is not limited to, a cow, a donkey, a goat, a horse, a llama, a mule, a pony, poultry, sheep, swine, or any animal held or raised for purposes of food or other commercial consumption.
Foster care provider means a person or entity that provides care or rehabilitation for companion animals through an affiliation with a public or private animal shelter, home-based rescue, releasing agency, or other animal welfare organization and accepts the responsibility and stewardship of animals, not to exceed the number of animals permitted pursuant to Section 6-2-1(d) of this Code.
Foster home means a private residential dwelling and its surrounding grounds, or any facility other than a public or private animal shelter, at which site through an affiliation with a public or private animal shelter, home-based rescue, releasing agency, or other animal welfare organization care or rehabilitation is provided for companion animals.
Impounded means an animal confined, kept, and maintained by the Animal Care and Control Division, by any police officer, animal control officer or any other public officer under the provisions of this Chapter.
Kennel means any facility, except a duly licensed pet shop, where three or more licensed dogs or household animals are boarded, confined, kept, or maintained for remuneration for the purpose of breeding, boarding, sale, sporting, or any commercial or training purposes.
Licensed dog means a dog currently licensed by the Animal Care and Control Division or any unexpired dog license issued and valid for docs temporarily in the City under Section 6-5-3 of this Code.
Licensee means any person or premises licensed under this chapter.
Muzzle means a device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal that prevents the animal from biting any person or other animal and that does not cause injury to the animal or impair its vision or respiration.
Neglect means as likewise defined by Section 50 of the Michigan Penal Code, being MCL 750.50, to fail to sufficiently and properly care for an animal to the extent that the animal’s health is jeopardized.
Neuter, neutered, or neutering means to make a male animal incapable of reproducing.
Nuisance animal means an animal running at large, on public property or any private property that is not the property of its owner or keeper, whose behavior constitutes a nuisance, which includes:
(1) Making physical contact with a person or other domesticated animal in a harassing manner;
(2) Unreasonably disturbs or annoys the quiet comfort, and repose of persons in the vicinity by loud, frequent, habitual, or repeated barking, howling, or yelping;
(3) Defecating without all feces being immediately and properly removed and disposed of in a sanitary manner or digging upon any building, lawn, plant, shrub, tree, or any other public property or private property, that is not the property of the owner;
(4) Damaging inanimate personal property.
Nuisance animal determination means a written declaration or order issued by the Administrator, or the Administrator’s designee, finding that a dog or other animal is a nuisance animal as defined by this article.
Offered for sale means all animals found on the premises indicated on the license or licenses of a pet shop, except those of diseased, maimed, or sick animals that are housed in an entirely separate part of the premises or in cages or kennels with a “not for sale” sign attached to the front of each cage or kennel.
Owner means, when applied to the proprietorship of an animal, any person, partnership, or corporation having a right of property in the animal, or who keeps or harbors an animal, or who has it in their care or control, or acts as its custodian, or who knowingly permits an animal to remain at or about any premises occupied by the person.
Pet shop means any building, enclosure, lot, place, or structure, where birds, cats, dogs, fish, rabbits, and other animals are offered for sale to the public.
Potentially dangerous animal means an animal that:
(1) Without provocation, chases or menaces a person or domesticated animal in an aggressive manner causing injury to a person or domesticated animal;
(2) In a menacing manner, approaches without provocation any person or domesticated animal as if to attack; or
(3) Has demonstrated a propensity to attack without provocation or otherwise to endanger the safety of human beings or domesticated animals.
Potentially dangerous animal determination means a written declaration or order issued by the Administrator, or the Administrator’s designee, finding that a dog or other animal is a potentially dangerous animal as defined by this chapter.
Properly cleaned means that carcasses, debris, food waste, and excrement are removed from the primary enclosure with sufficient frequency to minimize the animals’ contact with the above-mentioned contaminants; the primary enclosure is sanitized with sufficient frequency to minimize odors and the hazards of disease; and the primary enclosure is cleaned so as to prevent the animals confined therein from being directly or indirectly sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants.
Provocation means any action or activity, whether intentional or unintentional, which would be reasonably expected to cause a normal animal in similar circumstances to react in a manner similar to that exhibited by the animal.
Quarantine means to confine and isolate for the purpose of detecting and preventing the transmission of rabies.
Releasing agency means either a public animal shelter or a private animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals, or other similar entity or homebased rescue that releases companion animals for adoption that is registered as required by applicable state and local law. A releasing agency shall be registered with federal, state and appropriate agencies for charitable solicitation purposes.
Rescue organization means a person or group of persons who hold themselves out as an animal rescue, accept or solicit dogs, cats or other animals with the intention of finding permanent adoptive homes or providing lifelong care for such dogs, cats or other animals, or who use foster homes as the primary means of housing dogs, cats or other animals. A rescue organization shall be registered with federal, state and appropriate agencies for charitable solicitation purposes.
Retractable leash means a handheld animal restraint that attaches to the collar of an animal with an internally housed cord, belt, tape, or other retractable material, which may be extended, retracted, or locked at various lengths.
Residence means an apartment, dwelling, flat, house, or other building or structure where one or more persons reside.
Restraint means a device, enclosure, or structure such as a cage, corral, fenced enclosure, house, pen, or vehicle without means of escape, or a leash or other form of cable, rope, or tether or secure attachment, used to securely and safety confine an animal.
Sanitary condition means, when referring to an enclosed area, one that has been sanitized and properly cleaned at least once daily, kept in a condition of good order to minimize the possibility of disease transmission and maintained in a state that is appropriate for the species, size and number of animals enclosed therein.
Sanitize means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health.
Seize means to capture, collect, restrain, or impound an animal.
Serious physical injury means disfigurement, protracted impairment of health, or impairment of the function of any bodily organ.
Service animal means, as likewise defined in Section 1 of the Michigan Leader Dogs for Blind Persons Act, being MCL 287.291:
(1) As defined in 28 CPR 36.104, any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals or the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition; and
(2) A miniature horse that has been individually trained to do work or perform tasks as described in 28 CFR 36.104 for the benefit of a person with a disability. Spay, spayed, or spaying means to make a female animal incapable of reproducing. Stray animal means any animal, including but not limited to a licensed or an unlicensed dog, running at large and loose on public property or private property that is not the property of the owner without restraint and not under the control of the owner, harborer or keeper.
Tether means to secure a dog to a stationary object by means of a metal chain or coated steel cable for keeping a dog restrained in its movement but does not mean walking a dog on a leash or restraining a dog for temporary grooming or other professional service.
Unlicensed dog means a dog not currently licensed by the Animal Care and Control Division or any expired dog license issued by another governmental unit for dogs temporarily in the City under Section 6-5-3 of this Code.
Urban farm means over one acre of land under common ownership that:
(1) May be divided into plots for cultivation by one or more individuals and/or groups or may be cultivated by individuals and/or groups collectively;
(2) Is used to grow and harvest food crops and/or non-food crops for personal or group use;
(3) Has products, which may or may not be for commercial purposes;
(4) Includes an orchard or a tree farm that is a principal use; and
(5) Is one of the following:
-
- Contiguous; or
- Non-contiguous and on the same block; or
- Contiguous or non-contiguous and separated by a right-of-way not greater than 60 feet in width;.
Urban farm animal means livestock or fowl permitted to be raised or kept in accordance with Article VI VIII of this chapter.
Vicious animal means an animal that without provocation or justification bites or attacks a person and causes serious physical injury or death or that is declared vicious under this Chapter.
Wild animal means any animal that generally lives in its original and natural habitat, and is not normally considered a domesticated animal.
Without provocation means, when applied to damage or injury caused to a person by an animal, the person has not committed:
(1) A willful trespass or other tort upon the property of the animal’s owner;
(2) An act of abuse, assault, attack, or torment upon the animal or the owner of the animal; or
(3) A criminal act or an attempt to commit a criminal act that takes place where the animal is located.
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) An animal owner, harborer, keeper or person who has custody of an animal shall prevent the animal from engaging in nuisance, menacing, potentially dangerous or dangerous behavior.
(b) An animal owner, harborer, keeper or person who has custody of an animal shall prevent the animal from engaging in loud, frequent or habitual barking, yelping or howling, causing annoyance to people in the vicinity.
(c) No person shall violate any provision of this chapter, or to aid and abet another to violate such provision.
(d) No person shall falsely represent that he or she is in possession of a service animal, or a service animal in training, in any public place or for licensing purposes.
(e) Any person who violates this chapter may be issued an ordinance violation for each day that the violation continues.
(f) Any person who is found guilty of violating this chapter shall be convicted of a misdemeanor for each ordinance violation that is issued, and, in the discretion of the court, may be lined up to $500.00 and sentenced to up to 90 days in jail, or both, for each ordinance violation that is issued, provided, that, in addition to any costs associated with seizure, impoundment, care, and vaccination of an unlicensed or unvaccinated dog borne by the Animal Care and Control Division under Article V of this chapter, any violation of Article V of this chapter may subject the violator, in the discretion of the court, to the following penalties:
(1) A fine of not more than $100.00 for the first offense. For a first offense, the Animal Care and Control Division may require that an owner attend an Animal Awareness Program provided by the Animal Care and Control Division or the Michigan Humane Society. Proof of Completion of such training within 30 days of the citation shall negate the applicable fine;
(2) A fine or not more than $200.00 for a second offense occurring within six months of the first offense;
(3) A fine of up to $500.00 and relinquishment of any rights of ownership of the dog for a third offense or later offense occurring within 18 months of the first offense; and
(4) Where the dog is intact after a second offense, the mandatory alteration of the dog with associated costs to be paid by the owner.
(g) The Animal Care and Control Division may require that an owner attend an Animal Awareness Program provided by the Animal Care and Control Division or the Michigan Humane Society as part of or the penalty for a violation of this chapter.
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.
(h) Where the provisions of this chapter have been violated, any animal control officer, police officer, sheriff or any person authorized by the Animal Care and Control Division may seize the animal or animals in accordance with Section 6-1-4(e f) 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) The Animal Care and Control Division is authorized to enforce the provisions of this chapter concerning all animals within the City, including the care, control, regulation, and disposition of such animals, and to administrate and operate the City’s Animal Control Shelter.
(b) The Department shall provide a written update to City Council every 30 days a vacancy in the position of Administrator of the Animal Care and Control Division exists. This update shall include the efforts undertaken to locate and hire a Qualified Administrator.
(c) The Animal Care and Control Division shall designate public servants as animal control officers, to enforce the provisions of this chapter, or any rule or regulation promulgated thereto, including issuing and serving appearance tickets, citations, complaints, or other written notices to persons for violations of any of the provisions of this chapter.
(d) In accordance with Section 1-1-10 of this Code, public servants who are employed as animal control officers for the purpose of enforcing the provisions of this chapter shall have concurrent authority with police officers and shall have such police powers as are necessary for the enforcement of this chapter.
(e) Pursuant to Sections 29b and 29c of the Michigan Dog Law of 1919, being MCL 287.289b and MCL 287.289c, the minimum employment standards relative to the recruitment, selection, and appointment of animal control officers shall include:
(1) Requirements for educational, physical, mental, and moral fitness;
(2) Proof of a minimum course of study of not less than 100 instructional hours approved by the Michigan Department of Agriculture and Rural Development; and
(3) A valid driver’s license. Where the animal control officer is a police officer or has served at least three years as an animal control officer, these standards and requirements shall not be required.
(f) The following provisions shall apply regarding the right of entry upon, onto, or into property:
(1) Subject to the provisions of Subsections (2) and (3) of this subsection, the animal control officers and investigators of the Animal Care and Control Division who are designated to enforce the provisions of this chapter, police officers, sheriffs, other peace officers, or any person authorized by the Animal Care and Control Division shall have the right of entry upon, onto, or into:
-
- Any residence, private property, or vehicle within the City for the purpose of seizing any animal; or
- Any residence, private property, or vehicle within the City for the purpose of examining any animal suspected of having rabies, having been exposed to rabies, or having attacked or bitten a person or any animal.
(2) Subject to Subsection (3) of this subsection, as a condition to exercising the right of entry set forth in Subsection (1) of this subsection, the person shall satisfy Subsections a. and b. of this subsection by establishing or obtaining:
-
- Probable cause of a violation of this chapter, and
- At least one of the following:
- Owner consent;
- A warrant issued by an appropriate judicial officer or magistrate;
- Entry for the purpose of assisting other law enforcement, public safety, or other personnel having a lawful right of entry; or
- Exigent circumstances in which the public health, safety, or health or safety of one or more animals is subject of imminent danger.
(3) In addition, the following provisions shall apply:
-
- Owner consent, a warrant, or exigent circumstances shall not be required to seize any animal which is observed running loose and traversing across public or private properties, provided, that, where the animal is located inside private property or an adjoining fenced-in yard at the time seizure is sought, the limitation on seizure that is delineated in Subsections (2) and (3) of this section shall apply.
- With respect to any provision within this chapter that authorizes capture or seizure of an animal from a residence or private property, such seizure or capture shall be made in accordance with the provision of this section.
- Any owner aggrieved by the seizure of an animal from private property shall have the right, within 72 hours of the seizure, to meet with the Administrator, or the Administrator’s designee, and explain any mitigating circumstances. Subject to the provisions of this chapter governing dangerous animals and animals possibly exposed to rabies, the Administrator or the Administrator’s designee shall have the authority to exercise discretion to direct the immediate return of the animal and waive any fee relating to the seizure of the animal.
(g) No person shall knowingly and willfully interfere with, hinder, resist or obstruct an animal control officer, or any police officer, or any authorized agent or City employee in the lawful performance of their duties as delineated in this chapter.
(h) No person shall knowingly and willfully release, remove, or attempt to release or remove, any animal in the care or custody of an animal control officer, including any animal located within the Animal Control Shelter, or within any vehicle or device used by the Animal Care and Control Division to transport or restrain any animal.
(i) No person shall knowingly and willfully make a false statement, or to fail to reveal any fact, concerning any information required to be disclosed or otherwise provided to the City under any provision of this chapter.
(j) No person shall knowingly and willfully burn, deface, destroy, tear down or otherwise damage, or attempt to burn, deface, destroy, tear down or otherwise damage, any equipment, enclosure, or impoundment facility of the Animal Care and Control Division.
(k) In accordance with Section 9-507 of the Charter, the Public Health Director is authorized to establish necessary fees with the approval of the City Council, through adoption of a resolution, for the cost of services which are determined to be necessary for the public health and welfare of the City under Articles I through VI of this chapter, including, but not limited to, licensing and registration of altered and unaltered dogs, penalty for late renewal of license, impoundment, boarding and kenneling, quarantine, nuisance dog tag and signage, potentially dangerous dog tag and signage, dangerous dog tag and signage, adoption, vaccinations, microchip, field pickup, transport, transfer of license from an animal rescue organization to an adoptive owner, and Animal Awareness Program fees. The fees authorized by this section shall cover the costs of rendering such services and shall be reviewed, revised, and approved as necessary in accordance with this section. After adoption of a resolution by the City Council and approval of the resolution by the Mayor, the fees shall be:
(1) Published in a daily newspaper of general circulation and in the Journal of the City Council;
(2) Made available at the Animal Care and Control Division and at the Office of the City Clerk; and
(3) Reviewed by the Public Health Director at least once every two years.
(l) In accordance with the Michigan Public Health Code, being MCL 333.1101 et seq., and Section 2-111 of the Charter, the Director of the Department shall promulgate administrative rules and procedures, as necessary, for the administration of this chapter, including hearing procedures for resolving matters in dispute.
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) Except as provided in Article VIII of this chapter, no person shall own, harbor, keep, or maintain, sell, or transfer any farm animal, or any wild animal, on their premises or at a public place within the City, provided, that such form animal or wild animal may be kept in circuses, zoos, or laboratories, or non-profit organizations for educational purposes, subject to the approval of the City, where the care or custody is under the care of a trained and qualified animal attendant at all times, whose responsibility shall be to see that such animals are securely under restraint.
(b) Each farm animal, or wild animal, that is owned, kept, maintained, sold or transferred contrary to Subsection (a) of this section shall constitute a separate violation of this section.
(c) The Animal Care and Control Division is authorized to sell, transfer, euthanize, or dispose of any animal owned, kept, maintained, sold or transferred in violation of this section in a manner consistent with the protection of the public health, acceptable humane practices, and any established City administrative rules and procedures that have been promulgated under Section 6-1-4(l) 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) No person shall own, harbor, keep, or maintain any reptiles or serpents, except turtles that are not in excess of 15 inches in length, in their premises or at a public place within the City, provided, that this section does not prohibit a circus, zoo, or serpentarium, subject to the approval of the City, or to a pet shop that is licensed under Article VII of this chapter, from keeping reptiles or serpents where such reptiles or serpents are securely confined in a manner consistent with the protection of the public health and safety and with acceptable humane practices.
(b) Each reptile or serpent that is owned, harbored, kept, or maintained contrary to Subsection (a) of this section shall constitute a separate violation of this section.
(c) The Animal Care and Control Division is authorized to sell, transfer, euthanize, or dispose of any reptile or serpent that is owned, harbored, kept, or maintained in violation of this section in a manner consistent with the protection of the public health and safety, acceptable humane practices, and any applicable administrative rules and procedures that have been promulgated under Section 6- 1-4(l) 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) Any animal may be declared to be a public nuisance, and be subject to capture and abatement by the Animal Care and Control Division or by the Police Department or by any other authorized governmental agency, in accordance with the provisions 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-l-4(k l) of this Code, where the animal:
(1) Is unclaimed by its owner after being picked up by, or delivered to the care and control of, the Animal Care and Control Division, or is a stray animal;
(2) Makes contact with a person or other animal in a harassing manner;
(3) Unreasonably disturbs or annoys the quiet, comfort, and repose of persons in the vicinity by loud, frequent, habitual, or repeated barking, howling or yelping; or
(4) Defecates or digs upon any building, lawn, plant, shrub, tree, or any other public property, or any private property, that is not the property of the animal’s owner, without all feces being immediately and properly removed and disposed of in a sanitary manner by the owner.
(b) Any resident of the City may submit to the Department a complaint of nuisance behavior which shall include:
(1) Allegations of nuisance behavior for a minimum of two interactions for any complaint based on Subsection 6-1-7(a)(3) of this section; or
(2) Allegations of nuisance behavior for a minimum of a two week time frame for any complaint based on Subsections 6-1-7(a)(4) of this section.
(c) Upon receipt of a verifiable nuisance complaint or upon personal observation by an animal control officer of nuisance behavior, the Animal Care and Control Division shall evaluate the complaint, investigate, and, where factual circumstances warrant, conduct a nuisance animal hearing.
(1) Notification for the nuisance animal hearing shall be made to the animal owner and the petitioner via first class mail within 14 days of submission of the nuisance complaint.
(2) The Administrator, or the Administrator’s designee, shall hear testimony regarding the alleged nuisance behavior and shall have the authority to issue a nuisance animal determination.
(3) Within 14 days of the date of the nuisance animal hearing, the Animal Care and Control Division shall provide the owner of the animal a written notification of the Administrator, or Administrator’s designee, determination by first class mail.
(4) 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. Where the owner fails to request a hearing within the ten-day period after receipt of the notice, the determination made by the Administrator, or the Administrator’s designee, shall become final and the animal shall be issued a nuisance animal determination under this article.
(d) No owner of any animal declared to be a public nuisance shall fail to immediately take any available and reasonable measures to abate the nuisance as required by the determination letter issued pursuant to Subsection (c)(3) of this section, which may include:
(1) Installation and maintenance of any enclosure, pen, or structure used to confine the animal out of doors shall be a minimum of six feet in height and constructed so that the sides shall be embedded into the ground by a depth of at least two feet or be constructed on and secured to a concrete pad, and kept in a sanitary condition;
(2) Installation and maintenance of an opaque fence, as permitted by law, to limit views to neighboring yards or the street;
(3) The owner of the animal that has been issued a nuisance 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! NUISANCE ANIMAL: KEEP AWAY.” The fee for the sign shall be the cost of production to the City and be listed on the fee schedule;
(4) Mandatory attendance at an Animal Awareness Program provided by the Animal Care and Control Division or the Michigan Humane Society within 30 days of issuance of the nuisance determination. 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; and
(5) 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 determined to be a nuisance animal under this chapter.
(e) Where any animal has defecated upon any building, lawn, plant, shrub, tree, or any other public or private property, other than the property of the owner of the animal, and the owner of the animal upon notice immediately and properly removes all feces deposited by such animal and disposes of same in a sanitary manner, the public nuisance shall be considered abated and not a violation of this section; provided, that it shall be lawful for a blind or disabled person with a service animal to fail to promptly and properly collect and dispose of any animal waste or excrement on any public or private property.
(f) No person shall maintain or operate a kennel, or construct, maintain, or use an accessory building for a kennel, within the City without obtaining all relevant licenses and a permits from the Buildings, Safety Engineering and Environmental Department and written approval by the Department.
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) The Animal Care and Control Division is authorized to impound any animal which is stray, loose, at large, makes physical contact with a person or other animal in a harassing or menacing manner, or has bitten or otherwise injured any person or other animal and needs to be confined for observation. The Animal Care and Control Division is authorized to capture any animal which is observed to be stray, loose, or at large and return it to its owner, if known, with the issuance of appropriate citation(s).
(b) Any person may retain or trap in a humane manner and hold for the Animal Care and Control Division any animal trespassing upon the person’s property. The person must promptly notify the Animal Care and Control Division regarding any stray animal under the person’s control, and, upon request, shall turn ever the animal over to the Animal Care and Control Division.
(c) The Animal Care and Control Division may contract with any non-profit corporation that is organized for the purpose of sheltering animals to assist in the care, impoundment, release, or adoption of stray animals not determined to be dangerous by the Animal Care and Control Division.
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) Whenever a dog, cat, ferret, or other animal is delivered to, left with, or impounded by the Animal Care and Control Division, the Administrator shall make a record of the receipt of the animal which includes a basic description of the animal, the date the animal was acquired by the Animal Care and Control Division and under what circumstances, the date of any notice sent to the owner of the animal, and the subsequent disposition of the animal by the Animal Care and Control Division.
(b) In accordance with Section 9a of the Michigan Pet Shops, Animal Control Shelters, and Animal Protection Shelters Act, being MCL 287.339a, the Animal Care and Control Division shall maintain written records concerning:
(1) The total number of dogs, cats, and ferrets less than six months of age, the total number of dogs, cats, and ferrets six months of age and older, and all other animals received and returned to owners, adopted to new owners, and sold or transferred with or without payment to any person;
(2) The number of adopted dogs, cats, and ferrets that were altered;
(3) The number of adopted dogs, cats, and ferrets that were not altered; and
(4) The number of dogs, cats, and ferrets euthanized annually.
(c) In accordance with Section 9a of the Michigan Pet Shops, Animal Control Shelters, and Animal Protection Shelters Act, being MCL 287.339a, the Animal Care and Control Division shall provide a copy of these statistics, annually, to the Michigan Department of Agriculture and Rural Development and to the Mayor and to the City Council.
(d) The Animal Care and Control Division shall submit a report to the City Council through the City Clerk’s Office upon the disposition of a dangerous animal pursuant to Section 6-3-2 of this Code or by order of the 36th District Court.
(e) Beginning on January 1st of the calendar year, the Administrator shall submit a quarterly report to the City Council, which, for the period covered by the report shall include:
(1) The number of incidents of dangerous behavior reported to the Animal Care and Control Division;
(2) The number of animals that have been issued a nuisance animal, potentially dangerous animal, dangerous animal or vicious animal determination; and
(3) The location of all animals that have been issued a potentially dangerous animal or dangerous animal determination and are residing with their owners. This information shall be posted on the City’s website.
(4) A description of outreach and marketing efforts to residents, rescue organizations, foster care providers, community groups, and other stakeholders regarding the requirements of this Chapter, and Article III in particular. At minimum, these efforts shall include at least one outreach event in each City Council district between February 1st and April 1st of each year. The Department may partner with third-party entities for outreach and marketing efforts.
(f) The Administrator, or the Administrator’s designee, shall present the contents of each Quarterly report required in Subsection (e) in the appropriate City Council standing committee.
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).