COUNTY OF CRAWFORD
STATE OF MICHIGAN

CRAWFORD COUNTY ANIMAL CONTROL ORDINANCE

An ordinance relating to and providing for animal control within the boundaries of Crawford County; providing for the employment of a County Animal Control Officer and describing the duties, authority and responsibilities of that office; prescribing the licensing and vaccination of dogs and the confinement of animals under certain circumstances; authorizing the establishment of a County Animal Shelter for the impoundment of dogs and other animals and their redemption; permitting the killing and seizing of dogs and other animals; providing special controls and penalties for keeping vicious animals; authorizing an annual census to be made of dogs; enumerating certain violations and penalties therefore; prescribing the County Treasurerís duties with regard to animal control; authorizing certain fees and expenses and the receipt and disbursements of funds; and repealing other ordinances inconsistent herewith.

THE PEOPLE OF THE COUNTY OF CRAWFORD OF THE STATE OF MICHIGAN DO HEREBY ORDAIN THE 2000-REVISED ANIMAL CONTROL ORDINANCE.

ARTICLE I

PURPOSE, FINDINGS AND POLICY

The County of Crawford deems that the ownership of an animal carries with it responsibilities to the County and its residents with regard to care and control of such animals. In interpretation and application, the provisions of this Ordinance shall be construed to impose a primary responsibility for compliance therewith on the owner of such animal. The County of Crawford concludes that it is advisable to adopt a revised Animal Control Ordinance in the interest of protecting public health and safety, promoting the welfare of animals within Crawford County and providing for the orderly and uniform administration of the provisions of Act 339 of the Michigan Public Acts of 1919, as amended. The Board of Commissioners, in recognition of the reallocation of governmental functions brought about by Act 139 of the Michigan Public Acts of 1973, hereby assigns the Animal Control Division, under the direction of the Animal Control Officer, to the County Controller. It is the policy of the Board of Commissioners that this Ordinance shall be vigorously enforced, to the extent that financial means permit such enforcement, whenever the activities of animals and their owners within Crawford County directly endanger human life and whenever animals subject to protection by state law or this Ordinance are cruelly or inhumanely treated.

This Ordinance shall be known as the Crawford County Animal Control Ordinance.

ARTICLE II

DEFINITIONS

For the purposes of this Ordinance, the following terms shall have the following meanings respectively designated for each:

ALLOW OR PERMIT. Action or inaction by an owner that results in movement or activities by his animals beyond the area or power of his control of said animals.

ANIMAL. Unless otherwise stated, the word "Animal" as used in this Ordinance shall mean, dogs, cats and other mammals, amphibians, and reptiles.

ANIMAL CONTROL OFFICER. Any person employed by the County for the purpose of enforcing this Ordinance or state statutes pertaining to dogs or other animals as well as persons and deputies employed by the County to act as the Animal Control Officer(s).

ANIMAL SHELTER. A facility designated or recognized by the County or State of Michigan for the purpose of impounding and/or caring for animals, including a contract service provider, such as a local animal protection shelter, which may include a humane society.

BOARD OF COMMISSIONERS. The Crawford County Board of Commissioners.

CAT. Any member of the animal species Felis Catus four (4) months or older in age.

COUNTY. The County of Crawford in the State of Michigan.

CRUELTY. Cruelty includes neglect and mistreatment as well as inappropriate usage of animals (such as for fighting), and includes all those forms of cruelty set forth in MCLA 750.49-50; MSA 28.244-245 and MCLA 752.21; MSA 28.161 and in Article VIII of this Ordinance.

DANGEROUS ANIMAL. Any animal which bites or attacks a person or another animal but does not include the following:

1. An animal that bites or attacks a person or animal that is trespassing on the property of the animalís owner;

2. An animal that bites or attacks a person or animal that provokes, torments, tortures, or treats an animal cruelly; or

An animal that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person if that person is engaged in lawful activity or is the subject of an assault or battery, or to protect itself or another animal; or

An Exotic Animal, as defined by this ordinance.

BUSINESS DAY. Monday through Saturday, excluding Sundays, Holidays and Days County offices are closed.

DOG. Any member of the animal species Canis Familiaris, four (4) months or older in age.

DOMESTICATED COMPANION ANIMAL. An animal that has traditionally, through a long association with humans, lived in a state of dependence upon humans or has been traditionally kept as a household pet, including but not limited to dogs, cats, hamsters, gerbils, ferrets, mice, rabbits, parakeets, parrots, cockatiels, cockatoos, canaries, love birds, finches, and tropical fish.

HUNTING. Allowing a dog to range freely within sight, sound or control of its owner while in the course of hunting legal game or an unprotected animal.

KEEPING. Any person, who provides food and shelter for any domesticated animal in excess of seven days, not to include a person who, on a temporary basis, keeps another licensed domestic animal.

KENNEL. Any establishment or premise, except a pet shop, animal shelter, veterinary clinic or pound licensed pursuant to Act 287 of the Michigan Public Acts of 1969, as amended, being MCLA 287.331-340; MSA 12.481 (101)-(110), wherein or whereon four (4) or more Dogs are confined and kept for sale, breeding or training purposes, for remuneration or any owner who maintains (4) or more dogs and elects to be deemed a kennel for licensing purposes pursuant to the provisions of Article IV section 7 (a) herein. Constructed so as to prevent the public or stray dogs from obtaining entrance thereto and gaining contact with dogs lodged therein. This definition shall not be deemed to apply to a litter of puppies, with their mother and under four (4) months of age.

LIVESTOCK. Means horses, stallions, colts, geldings, mares, sheep, ram, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kids, swine, and any other fur-bearing animals being raised in captivity, including those other animals recognized by the Department of Agriculture as being within the jurisdiction of its Department.

NON-AGRICULTURAL AREA. Any area zoned by a city, village, township or other governmental body, agency or commission for purposes other than agricultural.

OWNER. "Owner" and "persons owning premises", when applied to realty, shall include both the title owner of record and those lawfully occupying or in possession of any property or premises; "Owner", when applied to the proprietorship of an animal, means every person having a right of property in the animal, an authorized agent of the owner, and every person who keeps or harbors the animal or has it in his care, custody or control, and every person who permits the animal to remain on or about the premises owned or occupied by said person. For purposes of this Ordinance, the records of the Treasurerís Office showing the name of the owner to whom the license number was issued and the license tag affixed to the collar or harness of the animal showing a corresponding number, shall be prima facie evidence of ownership of an animal.

PERSON. Person shall include individuals, corporations, societies, co-partnerships, associations and state and local officers or employees.

POLICE OFFICER, PEACE OFFICER OR LAW ENFORCEMENT OFFICER. Any person employed or elected by the people of the State of Michigan, or by any city, village, county or township, who is a certified officer, whose duty it is to preserve the peace, to make arrests and to enforce the law within a specific geographical jurisdiction, a0nd includes game, fish and forest fire wardens, members of the State Police and Conservation Officers.

POULTRY. Means any domestic fowl, ornamental bird, and game bird possessed or being reared under authority of a breederís license pursuant to part 427 (breeders and dealers) of the Natural Resource and Environmental Protection Act. Act No. 451 of the Public Acts of 1994; being sections 324.42701 to 324.42714 of the Michigan Compiled laws.

RABIES SUSPECT ANIMAL. Any mammalian animal which has bitten a human, or any mammalian animal which has been in contact with or been bitten by a rabid mammalian animal, or any mammalian animal which shows symptoms suggestive of rabies.

RUN AT LARGE. Except when hunting, the unrestrained wandering or roaming of an animal which is not on the premises of the owner and not under the reasonable physical control of a person either by leash, cord, chain, or otherwise.

STATE, State of Michigan.

TREASURER. Means either the duly elected (or appointed) Treasurer of the County of Crawford, or the duly elected or appointed Treasurer of a local governmental unit (LGU) who performs the requirements of this Ordinance by appointment and authority from the Treasurer of the County.

VICIOUS ANIMAL. Any animal determined by the Animal Control Officer:

to have a propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or;

to have previously attacked or bitten a human being or other domestic animal other than under circumstances that would be justifiable or;

to have behaved in such manner that the owner thereof knows or should reasonably know that the animal is possessed of tendencies to attack or bite human beings or other domestic animals other than under circumstances that would be justifiable.

The circumstances that would be justifiable in Subsections 2 and 3 immediately above are those set forth in Section 1 (a) (I-iv) of 1988 PA 426 being MCLA 287.321; MSA 12.545(21).

WILD ANIMAL. Wild animal means any animal, which is not typically, a domesticated companion animal, or any crossbreed of a wild animal with domestic animal, or any descendant of any crossbreed. These animals would be typically found in the wild, zoos, circuses, wildlife sanctuaries, or nature preserves. Such animals include, but are not limited to: alligators, antelope, badgers, bats, beaver, bears, birds, bobcats, camels, cheetahs, chipmunks, cougars, coyotes, crocodiles, crows, deer, elephants, elk, fox, gamecocks (or other fighting birds), ground hogs, gophers, hyenas, jaguars, lions, leopards, lynx, mink, mice/rodents, moles, moose, muskrats, opossums, otters, ostriches, owls, panthers, peacocks, pheasants, porcupines, primates, quail, raccoons, rhinoceroses, seals, sharks, skunks, snakes, spiders, squirrels, tigers, whales, wild rabbits, wild turkeys, wolf-dog crosses, wolverines and wolves,

ARTICLE III

ANIMAL CONTROL OFFICER
DUTIES, AUTHORITY AND RESPONSIBILITIES

Section 1. An Animal Control Officer shall be appointed by the Crawford County Board of Commissioners and shall serve as the head of the Animal Control Division; provided, however, that said Animal Control Officer shall have and meet the minimum requirements contained in MCLA 287.289b; MSA 12.540(2).

Section 2. In lieu of all fees and other remuneration under the statutes of this State, the Animal Control Officer or his deputies, assistants and census takers shall be paid a salary or wages as established and determined by the Board of Commissioners.

Section 3. The Animal Control Officer shall fulfill the following duties:

The Animal Control Officer shall be properly trained as an Animal Control Officer in accordance with M.C.L. 287.289 (b) MSA 12.540(2), and shall be legally authorized to have the power and it shall be his duty to issue appearance tickets, citations or summonses to those persons owning, keeping or harboring animals contrary to the provisions of this Ordinance.

The Animal Control Officer, subject to the limitations contained herein, shall euthanize in a humane manner or place for adoption, all impounded animals, which are not claimed and released within five (5) business days after being impounded. However, if a dog has a collar, license, or other evidence of ownership, the Animal Control Officer shall mail the owner in writing by certified mail notice of the impoundment. Disposition of the animal shall then not be made until after seven (7) business days from the date of mailing the notice. The Animal Control division shall maintain a record of when the animal was acquired and under what circumstances. This record shall also indicate the date of notice sent to the owner of an animal and any subsequent disposition. This section does not apply to animals which are sick or injured to the extent that the holding period would cause undue suffering, or to animals whose owners request immediate disposal. If in his judgment an animal is valuable or otherwise desirable for keeping, the Animal Control Officer may release said animal to any person who will undertake to remove said animal from the County or keep said animal within the County in accordance with the provisions of this Ordinance and the statutes of the State, including compliance with licensing and vaccination requirements, upon payment of the proper charge for the care and treatment of said animal while kept in the animal shelter. Regulations regarding the sale of animals from the animal shelter and boarding and other charges shall be posted in a conspicuous place at the animal shelter. The bodies of all animals destroyed at the Animal Shelter or elsewhere in the County shall be disposed of by the Animal Control Officer in a manner approved by the Crawford County Health Department and the Board of Commissioners. Any animal voluntarily relinquished to the animal shelter by the owners there of for disposition (not boarding), need not be kept for the minimum period of five (5) or seven (7) business days before release of disposal of such animal by the Animal Control Officer.

The Animal Control Officer shall promptly investigate all mammalian animal bite cases involving human injury and shall search out and attempt to discover the animal involved and if such animal is found, shall either impound or quarantine it for examination for disease in accordance with the applicable provisions of this Ordinance and the statutes and policies of the State. He shall also be obliged to seize and impound any rabies suspected animal.

The Animal Control Officer shall determine the number and location of all unlicensed dogs. The Animal Control Officer shall make a list of such dogs and then deliver said list to the Prosecuting Attorney for the necessary proceedings as provided by this Ordinance and the statutes of the State.

The Animal Control Officer is hereby authorized and empowered in accordance with the provisions of this Ordinance to enter upon private premises (excepting entry into buildings, unless in possession of a Search Warrant or under exigent circumstances) for the purpose of inspecting those premises in order to determine if the owners of dogs or animals there harbored, kept or possessed have complied with the provisions of this Ordinance and to apprehend and take with him any dogs for whom no license has been procured in accordance with this Ordinance or for any other violation hereof. The provisions of this subsection shall include, but not be limited to, investigations of or seizure for cruelty to animals.

The Animal Control Officer shall have the duty to inspect any kennel, a license for which has been issued by the County or its authorized agents pursuant to this Ordinance and the statutes of the State, and shall have the duty to suspend said license if conditions exist which are unhealthy or inhumane to the animals kept therein, pending correction of such conditions; and further shall have the duty to revoke said license if such conditions are not corrected within a reasonable period of time.

The Animal Control Officers shall have the duty to investigate complaints of animals alleged to be dangerous or vicious to persons or property and shall have the right to seize and impound such animals pending disposition pursuant to this Ordinance.

The Animal Control Officer shall have the duty to investigate complaints of cruelty to animals and shall have the duty to seize and impound any animal which has been subject to such cruelty; and thereafter said officer shall, when finding evidence of such cruelty, seek a warrant charging the owner of said animals with a criminal violation.

The Animal Control Officer shall be responsible for the sale of licenses and the keeping of appropriate records and books of account with respect thereto.

The Animal Control Officer shall not sell, give or make available in any manner any live or dead animals of any species or any animal body parts or organs to be used for research, demonstration, experimentation or any other purposes by any person, firm, Corporation, or institution, except to the extent necessary to comply with health laws and regulations concerning rabies and other zoonotic diseases including but not limited to tuberculosis, Lyme disease, etc.

The Animal Control Officer shall have such other duties relating to the enforcement of this Ordinance as the Board of Commissioners from time to time provides.

The Animal Control Officer finding any cat roaming or wandering on public property or private property (other than that of its owner) unrestrained, without its owner immediately and visibly present in such area, shall be vested with discretion to conclude that such cat is feral or abandoned by its owner and may thereafter seize and make disposition of said cat in like manner as other animals seized pursuant to this Article.

Section 4. The Animal Control Officer in enforcing the provisions of the Ordinance and the statues of the State pertaining to animals may make complaint to the Crawford County Prosecuting Attorney or to the District Court in regard to any violations thereof.

Section 5. All suspensions and revocations of license and all seizures for cruelty, viciousness or dangerousness as provided for herein shall be in accordance with this Ordinance and with such rules and regulations as are adopted from time to time by the Board of Commissioners.

Section 6. The Animal Control Officer shall at all times carry a book for the purpose of issuing dog licenses as provided in this Ordinance and shall issue such dog licenses in accordance herewith.

Section 7. All fees and monies collected by the Animal Control Officer as herein provided shall be accounted for and turned over to the Treasurer on a weekly basis under the standard practices of the Treasurerís accounting system.

ARTICLE IV

LICENSING AND VACCINATION

Section 1. It shall be unlawful for any person:

to own any dog four (4) months old or older unless the dog is licensed as hereinafter provided.

to own any dog four (4) months old or older that does not at all times wear a collar with an identifying tag approved by the Director of the Michigan Department of Agriculture, attached as hereinafter provided, except when engaged in lawful hunting accompanied by its owner; or

except the owner, to remove any collar or license tag from a dog.

Section 2. On or before February 28 of each year, the owner of any dog four (4) months old or older, except as provided in Section 3 of this Article, shall apply to the Animal Control Officer, Treasurer or authorized agent of the Treasurer, in writing for a license for each dog owned or kept by said owner. Such application shall state the breed, sex, age, color, and markings of such dog and the name and address of the last previous owner. Such application for a license shall be accompanied by proof of vaccination of the dog for rabies by a valid certificate of vaccination for rabies with a vaccine licensed by the United States Department of Agriculture, signed by an accredited veterinarian. Dogs attaining the age of four (4) months after February 28, shall have thirty (30) days after attaining four (4) months of age which to obtain a license.

Section 3. No dog shall be exempt from the rabies vaccine requirements as herein set forth unless a registered and practicing veterinarian of the State of Michigan certifies in writing that such rabies vaccine would be detrimental to the health of said dog and thereafter the Prosecuting Attorney of Crawford County approves the same in writing.

Section 4. The license fee for dogs shall be as follows:

For all intact dogs of the age of four (4) months old or older on or before February 28 of each and every year hereafter, Twelve Dollars ($12.00) if said license is obtained on or before February 28.

For all altered dogs, so certified by an accredited veterinarian, of the age of four (4) months old or older on or before February 28 of each and every year hereafter, Eight Dollars ($8.00) if said license is obtained on or before February 28.

For all dogs which are not licensed within the time period set forth in paragraphs (a) through (b) above, the licenses will be considered delinquent and the fee shall be Twenty Ė five dollars ($25.00)

Fees for certified leader dogs, assistance or service dogs, in training as such are hereby waived; however this does not waive the law requiring such dogs to be vaccinated against rabies on a current basis.

For any dog that is vicious as defined in Article II (z) and that is subject to Article IX, the license fees scheduled above (and as amended from time to time) shall be increased by Fifty Dollars ($50.00)

By Motion or Resolution, the Board or Commissioners may change the license fees as herein established.

Current licenses issued by other Michigan counties and by other governmental agencies shall be honored in Crawford County until the following February 28.

Section 5. No licenses or license tag issued for one dog shall be transferable to another dog. Whenever the ownership or possession of any dog is permanently transferred from one person to another within the same county, the license of such dog may be likewise transferred by the last registered owner upon proper notice in writing to the Treasurer who shall note such transfer upon his records. This Ordinance does not require the procurement of a new license, or the transfer of a license already secured, where the possession of a dog is temporarily transferred for the purpose of boarding, hunting game, breeding, trial or show.

Section 6. If any license tag is lost, it shall be replaced without cost by the Crawford County Treasurer upon application by the owner and upon production of a license receipt and a sworn statement of the facts regarding the loss of such tag.

Section 7. Any person who owns, keeps or operates a kennel shall on or before March 31 of the year following such ownership obtain a kennel license from the Treasurer and shall be subject to the following rules:

(a) Any such person who maintains animals in such a way that they would be deemed a kennel, defined here in, in lieu of individual licenses required under this Ordinance, on or before March 31 of each year, apply to the Animal Control Officer for a kennel license entitling and requiring such person to own, keep or operate such kennel in accordance with the provisions of this ordinance and the applicable statues of the State, including Section 10 of Act 339, Public Acts of 1919, as amended, being MCLA 287.270; MSA 12520.

(b) All kennels must be kept sanitary and provide adequate housing for and humane treatment to the animals kept therein.

(c) Issuance of a kennel license does not relieve or exempt the owner of the kennel from the requirement in Section 3 of this Article that all dogs of licensing age have a current rabies vaccination, with a vaccine licensed by the United States Department of Agriculture evidenced by a valid certificate of vaccination for rabies, signed by a licensed veterinarian.

The Animal Control Officer shall not issue to any person a kennel license unless such person complies with this Ordinance and the laws of the State of Michigan, including but not limited to, Michigan Department of Agriculture Regulation No. 129 governing dog kennels, PS 339 of 1919, being MCLA 287.261-291; MSA 12.511-543 and obtains the written approval for the issuance of a kennel license from the appropriate township, village, and/or city zoning administrator. The animal control officer may grant an applicant a grace period, not to exceed ninety days, to obtain the written approval of the appropriate township, village and/or city-zoning administrator confirming compliance with the local applicable zoning ordinance. In the event that the issue of zoning non compliance results in litigation, the kennel licensing provisions of this ordinance shall be stayed until that litigation is resolved at the trial court level providing that the applicant is in compliance with all other provisions of this ordinance.

Subject to compliance with local applicable zoning requirements, the fees for kennel licenses are set forth in the following schedule. All animals licensed will require a rabies vaccination. These fees are in place unless changed from time to time by a resolution or motion of the Board of Commissioners.

KENNEL FEE SCHEDULE

NUMBER OF ANIMALS

FEE

More than 3 but less than 11

$50.00

More than 10 but less than 21

$100.00

More than 20 but less than 31

$150.00

More than 30 but less than 41

$200.00

More than 40 but less than 51

$250.00

More than 50

$300.00

This section shall not apply to a litter of newborn animals when with the mother of such; so long as said litter of new born animals are less than four (4) months of age nor to a duly licensed pet shop. Failure to obtain such kennel license shall be punished as set forth in the penalty provision of this Ordinance.

(f) A fee of double the original license fee shall be charged for each previously licensed kennel whose kennel license is applied for after June 1st.

 

ARTICLE V

CONFINEMENT

Section 1. Any mammalian animal kept as a pet that shall bite a person, animal or livestock shall be securely confined by the owner thereof inside an appropriate building or enclosure for a minimum period of ten (10) days following the biting of such person, animal or livestock. In the event that the owner of such animal shall fail to securely confine the animal for such period of time, then in that event, the Animal Control Officer, his deputies and assistants, may take possession and custody of said animal, confine that animal at the Animal Shelter until the expiration of said ten (10) day period, upon satisfactory evidence that said animal is not suffering from rabies; an Animal Control Officer may release the animal. Said animal shall be kept at the Animal Shelter at the expense of the owner thereof in the event that said owner fails to securely confine said animal. Any animal (including cats) running loose after biting a person, animal or livestock, and whose owner cannot be determined, shall, if located, be confined for the required ten (10) days at the Animal Shelter or other suitable location. However, the Animal Control Officer, his deputies and assistants, may humanely euthanize the animal upon the recommendation of the victimís medical doctor and a veterinarian; a sample specimen shall be sent immediately to the Michigan Department of Public Virology Laboratory. Nothing contained herein shall require the Animal Control Officer to accept rodents or lagomorphs, either dead or alive, for shipment to the Michigan Department of Public Health Virology Lab.

Section 2. Any other animal not kept as a pet, including wild animals, which shall bite a human, animal or livestock, if located and capable of being seized, shall be euthanized and sent immediately to the Michigan Department of Public Health Virology Lab, Lansing, Michigan or similar lab by the Animal Control Officer.

ARTICLE VI

ANIMAL SHELTER AND IMPOUNDMENT

Section 1. The Animal Control Officer or any peace officer may seize all dogs found running at large and not under the control of their owners, impounded and thereafter be sold or disposed of in accordance with Article III of this Ordinance.

Section 2. If the Animal Control Officer or other peace officer comes upon a non-vicious or non-dangerous dog running at large whose ownership is known and the owner is available, said officer shall not seize and impound such animal, but rather cite the owner of such animal to appear in court to answer charges of violation of this Ordinance.

Section 3. In the event that the Animal Control Officer shall seize and impound any animal, a pick-up fee will be charged by the county as against that animalís owner or adopting person in an amount not to exceed the amount charged by any county contiguous to the County of Crawford for every animal seized which shall be required to be paid to the benefit of the County of Crawford before the animalís release.

Section 4. Immediately upon impounding an animal, the Animal Control Officer shall use reasonable efforts to notify the owner of such animal so impounded and the conditions whereby custody of such animal may be regained pursuant to the regulations for the operation of the animal shelter. Reasonable efforts to notify the owner, if known, shall include but not be limited to, sending a certified letter to the last known address of the owner.

Section 5. An owner may claim and obtain release of an animal from the animal shelter by executing proof of ownership, furnishing a license and tag as required by this Ordinance and State law, and paying the required fees required by the Board of Commissioners and animal shelter which shall be posted at the animal shelter.

ARTICLE VII

KILLING AND SEIZING OF DOGS AND OTHER ANIMALS

Section 1. Any person, including a law enforcement officer, may kill any dog he or she sees in the act or pursuing, worrying or wounding any livestock or poultry or attacking persons, and there shall be no liability on such person in damages or otherwise for such killing. Any dog that enters any field or enclosure outside of a city which is owned or leased by any person producing livestock or poultry, said dog not being accompanied by its owner or the ownerís agent, shall constitute a trespass and the owner of said dog shall be liable in damages. In no event shall the provisions of this section exonerate a person from compliance with the criminal laws of this State including, but not limited to, the safe discharge of firearms.

Section 2. It shall be lawful for any person to live trap or seize any dog running at large in violation of this Ordinance for the purpose of turning said dog or other animal over to the Animal Control Officer.

ARTICLE VIII

ENUMERATION OF CERTAIN VIOLATIONS; CRUELTY; AND PROCEDURE THEREFORE

Section 1. It shall be unlawful for an owner or any other person who has control of an animal to permit or allow his animal to do any of the following:

For dogs to run at large; provided, however, that working dogs such as leader dogs, farm dogs, hunting dogs, and other trained dogs actively engaged in their trained activities accompanied by their owners need not be leashed when under the reasonable control of their owners;

To permit any domestic female dog to be contained in such a fashion that stray animals have access to her, or that permits the animal to escape or go beyond the premises of such owner when she is in heat, unless the female is held properly on leash.

To be within the confines of any public park when such park, by appropriate signs or notices, prohibits all animals, pets or a specific animal, except a dog assisting its handicapped owner;

To destroy property, real or personal, or to trespass in a manner that causes actual damage to the property of persons other than the owner including, but not limited to, the repetitive depositing of feces or urine on said property;

To attack or bite a person;

To show vicious tendencies or molest passers-by or neighbors when such persons are lawfully on the public highways or rights of way or on their own property; or

By loud, frequent and persistent barking, howling, yelping, crying or any other disturbing sounds or behaviors to create a nuisance in the neighborhood in which said animal is kept possessed or harbored.

Section 2. It shall be unlawful for any person:

to remove a collar or tag from any animal without the permission of the owner:

To decoy or entice any animal out of its enclosure or off the property of the owner;

To seize, molest or tease any animal while held or led by any person or while on the property of its owner;

To neglect or cruelly treat any animal under said personís care, custody or control by:

Failing to provide adequate shelter, food and potable water on a regular basis which causes the animal to suffer exposure, thirst and hunger;

Confining an animal in a fashion in which a substantial portion of the animalís living area is contaminated with excrement where the animal directly contacts or above or below where the animal must live.

Confining an animal in a fashion that the animal does not have a dry or comfortable area on which to exercise and rest;

Confining an animal in enclosed quarters without sufficient fresh air or ventilation and light;

Repeatedly allowing an animal who is tied or chained to become entangled so that the animal had less that five (5) feet of lead;

Caging or chaining an animal continuously in an area insufficient for the animal to obtain adequate exercise.

Placing an animal on a porch or roof at a height of greater than five (5) feet without a protective restraining barrier or without chaining so that the length of lead does not reach any of the edges of the elevated area; or

Restraining an animal so that the weight of the animalís tie does not allow the animal to comfortably raise his or her head or move.

To fail to inquire as to the necessity for medical care when an animal is in obvious pain or distress (Example: in a state of emaciation; unable to rise and walk, unable to urinate or defecate; crying out in pain; unable to eat or drink; suffering from unattended broken bones, painful or difficult breathing; wounds; burns; convulsions; passing blood in urine, feces, and/or vomit; infested with maggots or fleas; severe skin disease);

To permit or allow any animal, including one that is ill, diseased, aged, maimed, or injured animal to suffer unnecessary pain by neglecting to do the following: Provide medical treatment; put the animal out of its misery by euthanasia or give the animal to another person who can provide the proper and necessary care for the animal.

Deposit any dead domestic animal or part of the carcass of any dead domestic animal, into any lake, river, creek, pond, road, street, alley, lane, lot, field, meadow or common, except the same and every part thereof be buried at least four (4) feet underground; or the owner or owners of the animal to knowingly permit the same to remain in any way to the detriment of public health.

To overdrive, overload, drive when overloaded, overwork, torture, torment, cruelly beat, mutilate, or cruelly kill any animal or cause or procure any animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, cruelly beaten, mutilated or cruelly killed;

To abandon an animal;

To transport or confine an animal in a cruel manner; this includes permitting an animal to ride in the open bed, open cargo area, or other open storage area of a motor vehicle unless securely restrained or in a crate or carrier that is securely restrained. This applies except when dogs are engaged in legal hunting or farming on back roads or animals that are part of a permitted parade.

To intentionally injure or poison an animal;

To kill an animal belonging to another without legal authority or the ownerís effective consent;

To cause or allow an animal to fight with another animal or;

For the owner of an animal that is deceased to knowingly allow the carcass to be left unattended and not properly disposed of for more than seventy-two (72) hours after death of the animal.

For the owner of an animal to allow the animal to create a nuisance situation. This shall be defined as a situation that effects the quality of life for the neighbors, including, but not limited to, constant barking or unsanitary conditions caused by the animal(s).

Section 3. In the event of any of the above violations or a violation of any other provision of this Ordinance or of the laws of the State, the Animal Control Officer or any peace officer may issue an appearance ticket, citation or summons to the owner of said animal, summoning the owner to appear before the district court to answer charges made of violation of this Ordinance or laws of this State, proceed to obtain the issuance of a warrant and cause the arrest of the person against whom said violation is charged in order to bring said person before the court to answer the charge. The Court, upon conviction thereof, may impose penalties in accordance with the penalty provision of this Ordinance and the law of the State.

Section 4. In all prosecution for violation of this Ordinance or State law pertaining to animals, the records of the Treasurer, showing the name of the owner and the license number which was issued, and the license tag affixed to the collar or harness of the animal showing a corresponding number, or lack thereof, shall be prima facie evidence of ownership of any animal and of issuance, or non-issuance respectively, or an animal license or tag.

Section 5. Order to Show Cause for killing or Confining a Dog. The provisions of Section 26a of Act No. 339 of the Public Acts of 1919, as amended, being MCLA 287.286a; MSA 12.537 are available under this Ordinance and shall be utilized by the Animal Control Officer whenever the action of any dog brings that dog within the provisions of that statute.

Section 6. The enumeration of certain violations in this Article does not constitute all violations of this Ordinance for which penalties are provided by this Ordinance.

ARTICLE IX

SPECIAL PROVISIONS REGARDING VICIOUS ANIMALS

Section 1. The keeping of vicious animals shall be subject to the following standards.

Leash and Muzzle: No person shall permit a vicious animal to go outside of its kennel, pen, or the ownerís residence unless such animal is securely leashed with a leash no longer than four (4) feet in length. No person shall permit such an animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such animals may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all such animals on a leash outside of the animalís kennel, pen or the ownerís residence must be muzzled by a muzzling device sufficient to prevent the animal from biting persons or other animals.

Confinement: All vicious and/or dangerous animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in paragraph (a) above. Such pen, kennel or structure must have secure sides and a secure top attached to its sides. A fenced-in yard by itself is insufficient to meet this standard. All structures used to confine such animals must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground to a depth of no less than two (2) feet. All structures erected to house such animals must comply with all zoning structures and building regulations of the City or Township where located. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition. The house or shelter for said animal must be totally enclosed within the confinement structure.

Confinement Indoors: No vicious and/or dangerous animal may be kept on a porch, patio, or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure where window screens or screen doors are the only obstacles preventing the animal from exiting the structure.

Signs: All owners, keepers or harborers of vicious animals within the County of Crawford shall within ten (10) days of the effective date of this Ordinance display in a prominent place on their premises a sign, easily readable by the public from adjoining public roads or streets, using such words as "Beware of Dogí or other appropriate warning language. In addition, a similar sign must be posted on the kennel or pen of such animal.

Section 2. Insurance Identification and Reporting Requirements.

Insurance All owners, keepers or harborers of vicious and/or dangerous animals must, within ten (10) days of the effective date of this Ordinance provide proof to the County of Crawford at itís Animal Control Division at the County Building of liability insurance in an amount of Five Hundred Thousand Dollars ($500,000) for each occurrence for bodily injury to or death of any person or persons which may result from ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be effective unless ten (10) days written notice is first given to the Animal Control Officer at his business address.

Identification Photographs. All owners, keepers or harborers of vicious and/or dangerous animals must, within ten (10) days of the effective date of this Ordinance provide the Animal Control Officer two (2) color photographs of the registered animal clearly showing the color and approximate size of the animal.

Reporting Requirements. All owners, keepers or harborers of vicious and/or dangerous animals must, within three (3) days of the following incidents, report the same in writing to the Animal Control Officer.

  • The removal from the County or death of a vicious animal.

  • The birth of offspring of a vicious animal.

  • The new address of a vicious animal should the owner move within the County limits.

  • The animal is loose or has been stolen

  • The animal has attacked a person.

  • Section 3. Rebuttable Presumption as to Wolf-Dog Crosses. There shall be a rebuttable presumption that Wolf-Dog Crosses and any other animal adjudicated as a Dangerous Animal are Vicious Animals for purposes of this Ordinance. A "Wolf-Dog Cross" is defined for purposes of this section in accordance with Public Act 246 of 2000 of the State of Michigan.

    Section 4. Failure to Comply. If the owner, keeper or harborer of a vicious and/or dangerous animal residing within the County of Crawford fails to comply with the requirements and conditions set forth in this Article, and this entire Ordinance, said animal shall be subject to immediate seizure and impoundment and further disposition in accordance with this Ordinance, including the procedures set forth in Article VIII, Section 6.

    ARTICLE X

    SPECIAL PROVISIONS REGARDING EXOTIC OR WILD ANIMALS

    Section 1. Prohibited exotic animals. Wild animals listed in Section "AA" of Article II, As defined therein may not be possessed, bred, exchanged, bought, sold, or attempted to buy or sell in Crawford County under any conditions or circumstances.

    Section 2. Exceptions. Notwithstanding the above provisions, it shall not be a violation of this ordinance for a person, persons, corporation or business entity in lawful possession of an animal to travel through Crawford County on a public highway for a destination out of the County to or from any United States Department of Agriculture-registered research facility. In addition any person shall be exempted from the terms if under Public Acts 246 and 274 of 2000 of the State of Michigan said person is exempted.

    Section 3. Non-Predatory and/or Non-Dangerous Animals. Only certain wild animals, which are traditionally non-predatory and/or non-dangerous, may be possessed in Crawford County. These include non-poisonous snakes less than three (3) feet in length, quails, pheasants, peacocks, raccoons, skunks, squirrels, wild turkey, and deer, but may only be possessed if the following conditions are met.

    That the animals possessed are possessed under the proper State and Federal permits and/or licenses.

    That the animals possessed are properly caged, penned, housed or secured so as not to leave the property upon which they are possessed.

    That the animals possessed do not become excessively noisy, excessively odorous, dangerous, or in any way disruptive to the character of the area in which they are possessed.

    Section 4. Nuisance Per Se. Any continuing violation or a repeated violation of this Ordinance shall constitute a nuisance per se and may be abated by an action in circuit court separately or in addition to Article XI and proceedings.

    ARTICLE XI

    PENALTY

    Any person violating any of the provisions of this Ordinance shall be deemed guilty of a civil infraction and shall be subject to a civil fine of:

    Not less than thirty-five dollars ($35.00) upon conviction of violation of Article IV, Section 1 (unlicensed dog)

    Not less than two hundred dollars ($200.00) but not more than one thousand dollars ($1,000.00) upon conviction of any violation of Article VIII, Section 2, Subsections (b), (c), (d), (f), (h), (i), and (j) (cruelty).

    Not less than one hundred dollars ($100.00) but not more than five hundred dollars ($500.00) upon conviction of a violation of any other part of this Ordinance

    Each instance of a violation of this Ordinance shall constitute a separate and independent offense.

    In all situations where penalties are provided for any act or omission, they shall be held to apply to each and every such act or omission. When any such act or omission is of a continuing character, each and every dayís continuance of such act or omission constitutes a separate offense which may be separately charged and punished according to the provisions of this Ordinance.

    ARTICLE XII

    PRESERVATION OF CERTAIN RIGHTS

    Section 1. Nothing in this Ordinance shall be construed to prevent the owner of a licensed dog from the recovery of damages in an action at law from any peace officer or any other person, except as herein provided.

    Section 2. Nothing in this Ordinance shall be construed as limiting the common law liability of the owner of an animal for damages incurred as a result of the action(s) of said animal.

    ARTICLE XIII

    TREASURERíS RECORDS AND DUTIES; EVIDENCE

    Section 1. On June 15 of each year, the Treasurer shall make a comparison of his records of the dogs actually licensed in the County with the report of the Animal Control Officer to determine and locate all unlicensed dogs.

    Section 2. On and after June 15 of each year, every unlicensed dog subject to license under provisions of this Ordinance or the statutes of this State, is hereby declared to be a public nuisance and the Treasurer shall immediately thereafter list all such unlicensed dogs, as shown by the returns in his/her office of the supervisors and assessors, and shall deliver copies of such lists to the Animal Control Officer and the Director of the Michigan Department of Agriculture as well as those officers listed and set forth in Act 339 of the Public Acts of 1919, being MCLA 287.277; MSA 12.527 as amended.

    Section 3. The Treasurer shall keep a record of all dog licenses and all kennel licenses issued during the year in each city and township in the County. Such records shall contain the name and address of the person to whom each license is issued. In the case of all individual licenses the record shall also state the breed, sex, age, color and markings of the Dog; and in case of a kennel license, it shall state the place where the business is conducted. The record shall be a public record and open to inspection during business hours. He/she shall also keep an accurate record of all license fees collected by him/her or paid over to him by any city or township treasurer, or other authorized agent of the County Treasurer.

    ARTICLE XIV

    FEES AND EXPENSES: DOG CENSUS

    Section 1. Every township and City treasurer of Crawford County shall receive the sum of One Dollar ($1.00) for each dog license issued. The remuneration as herein established shall be deemed additional compensation for additional services for each township or city treasurer who receives a salary in lieu of fees, when so designated by the appropriate township board or city council.

    Section 2. It shall be the duty of the Animal Control Officer annually to make a census of the number of dogs owned by all persons in the county. The Animal Control Officer is hereby empowered to employ whatever personnel he reasonably believes necessary to conduct this census within the budget limitations provided by the Board of Commissioners; such personnel shall receive for their services the amount as shall be set from time to time by the Board of Commissioners.

    Section 3. The duties and obligations herein imposed upon the respective designated officials may be delegated when permitted by law to some other appropriate person or persons by each of said officials with like force and effect.

    Section 4. The fees and expenses as established by this Ordinance may be changed from time to time by Resolution or Motion of the Board of Commissioners.

    ARTICLE XV

    RULES OF CONSTRUCTION: SEVERABILITY

    Section 1. When not inconsistent with the context, words used in the present tense include the future, words in the singular include the plural, words in the plural include the singular and masculine includes the feminine and neuter. Words or terms not defined herein shall be interpreted in accordance with their common meaning. Headings are inserted for convenience and shall not limit or increase the scope of any article or section of this Ordinance.

    Section 2. The provisions of this Ordinance are minimum standards supplemental to the rules and regulations duly enacted by the Michigan Department of Health and Agriculture and to the laws of the State of Michigan.

    Section 3. If any part of this Ordinance shall be held unconstitutional or void, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this ordinance.

    ARTICLE XVI

    REPEAL; SAVINGS CLAUSE

    All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed, and specifically Ordinance of the County of Crawford adopted August 9, 1988 is hereby repealed; however, any and all actions, civil or criminal, arising out of any Ordinance repealed hereby which are pending in a court of this State of otherwise vested on the effective date of this Ordinance shall not abate and shall be saved and may proceed to conclusion pursuant to such repealed Ordinance.

    ARTICLE XVII

    ADOPTION, PUBLICATION AND EFFECTIVE DATE OF ORDINANCE

    This Ordinance shall not be adopted unless a majority of the commissioners elected and serving shall vote in the affirmative on its adoption. The clerk of the Board of Commissioners shall then endorse this Ordinance and the Chairperson of the County Board of Commissioners shall sign this Ordinance, which shall then be certified by the clerk before it is considered adopted. This Ordinance shall then take effect seven (7) days after the day that it is published in a newspaper of general circulation in the County of Crawford. The County Clerk shall certify such publication.

    A person who violates this ordinance is responsible for a civil violation and shall be fined not less than $100.00 or more than $500.00 for each separate violation.

    Adopted by the Crawford County Board of Commissioners on the 30th day of  September, 2003.

     

    Yeas; 5 Nays: 0

    ________/s/_______________                           __________/s/__________
    Lynnette Corlew                                                 Sandra Moore
    Chairperson                                                        Clerk/ROD
    Crawford County Board of Commissioners           Crawford County

     

     

    010/20/04 Ė Revised

     


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