GPS Code of Ordinances - Chapter 4

PART II CODE OF ORDINANCES - Chapter 4

ANIMALS*
*Charter references: Pounds, ch. IV, C, § 14.
Cross references: Environment, ch. 10.
State law references: Authority to adopt animal control ordinance, MCL 287.290; crimes related to animals and birds, MCL 750.49 et seq.; wildlife conservation, MCL 324.40101 et seq.

ARTICLE I. IN GENERAL

Sec. 4-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal means any nonhuman living creature, domestic or wild, excluding, for the purpose of licensing, small caged or household pets, such as, but not limited to, parakeets and parrots, fish, insects, common store-sold rodents and reptiles, or similar animals of a passive, nondangerous nature.
Dangerous animal means any wild or exotic mammal, reptile or fowl which is not generally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature or other characteristics, would constitute a danger to persons or property.
Livestock means an animal, not of a wild nature, of a type normally found on a farm, including, but not limited to, horses, cows, steers, ponies, mules, donkeys, sheep, swine, goats, chickens and other fowl, but not including dogs or cats.
(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-1)
Cross references: Definitions generally, § 1-2.

Sec. 4-2. Diseased animals.
Any animal with a contagious or infectious disease shall be isolated from all healthy animals at all times, and shall be segregated so that the illness or disease shall not be transmitted to another animal.
(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-3)

Sec. 4-3. Animals afflicted with or exposed to rabies.
(a) It shall be unlawful for any person to own, keep, harbor or possess an animal known to be afflicted with rabies.
(b) Any person owning, keeping, possessing or harboring an animal which has been attacked or bitten by another animal, which other animal is known to be afflicted with rabies or has the symptoms of rabies, shall immediately notify the department of public safety that the person has such an animal in his possession, and shall deliver such animal to the department of public safety for impounding and observation.
(c) Any person owning, keeping, possessing or harboring an animal which has contracted rabies or is known to have been subjected to rabies and which has bitten any person shall immediately deliver such animal to the department of public safety for impounding and observation.
(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-4)
State law references: Rules for control of rabies and the disposition of nonhuman agents carrying disease, including rabid animals, MCL 333.5111(1)(f).

Sec. 4-4. Abandonment.
It shall be unlawful for any person to deposit or release any animal for the purpose of abandoning such animal.
(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-5)
State law references: Abandoning sick or disabled animals, MCL 750.50(2)(e).

Sec. 4-5. Dangerous animals or livestock declared public nuisance.
The presence of dangerous animals or livestock in the village is hereby declared a public nuisance. No person shall own, keep, harbor or possess a dangerous animal or livestock.
(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-6)
Cross references: Nuisances, § 10-31 et seq.
State law references: Regulation of dangerous animals, MCL 287.321 et seq.

Sec. 4-6. Village veterinarian.
The village shall appoint a qualified veterinarian in or near the village to act as village veterinarian. Such veterinarian shall receive such compensation for services as are the prevailing rates for such services.
(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-7)

Sec. 4-7. Responsibility for animal's actions.
Any person who owns, keeps, possesses or harbors any animal, or who is in control of an animal, shall be responsible, and shall be held accountable, for any and all acts of such animal.
(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-8)
Secs. 4-8--4-40. Reserved.

ARTICLE II. DOGS AND CATS*
*State law references: Dog law, MCL 287.261 et seq.

Sec. 4-41. Controlling provisions.
Dogs and cats, and the ownership or possession of dogs and cats, shall be governed by the provisions of article I of this chapter, as well as the specific provisions of this article.
(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-26)

Sec. 4-42. License required.
It shall be unlawful for any person to own, keep, harbor or possess any dog or cat four months of age or older in the village unless the dog or cat is licensed as provided in this article.
(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-27)
State law references: Dog licensing, MCL 287.266 et seq.

Sec. 4-43. License application.
Individual dog and cat licenses shall be issued by the department of public safety upon application and payment of license fees as established from time to time by the village council. The application for a license shall be accompanied by a certificate signed by a veterinarian stating that the dog or cat to be licensed has been properly immunized against rabies. A person who owns, keeps, harbors or possesses a dog or cat shall apply for a license:

(1) On or before March 1 of each year;
(2) On or before the date any such dog or cat becomes four months of age;
(3) Within 30 days after such person becomes a resident of the village; or
(4) Within 30 days after a person becomes the owner or obtains possession of a dog or cat four months of age or more; whichever occurs last.

(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-28)

Sec. 4-44. License tags.
Upon issuance of a license for a dog or cat, the department of public safety shall also issue a receipt and a tag containing the dog or cat license number. The shape and style of such tag shall change each year. All dog or cat licenses will expire on February 28 of each year. The license tag shall be affixed to a collar, and the collar and tag shall be worn by the dog or cat at all times. Absence of the collar and license tag from any dog or cat shall be prima facie evidence that the dog or cat is not licensed.
(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-29)

Sec. 4-45. Vaccinations.
It shall be the duty of any person owning, keeping, possessing or harboring a dog or cat four months of age or older to have such dog or cat immunized against rabies, with a vaccine licensed by the United States Department of Agriculture.
(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-30)
State law references: Similar provisions for dogs, MCL 287.266(6).

Sec. 4-46. Keeping more than four dogs and cats on a residential premises prohibited.
It shall be unlawful for any person to keep, harbor or possess upon a residential premises a combination of more than four dogs and cats at any one time. The provisions of this section shall not apply to puppies or kittens less than 12 weeks of age of a litter of a dog or cat owned and licensed by such person.
(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-31)

Sec. 4-47. Running at large; cleanup.

(a) No person owning, keeping, possessing or harboring any dog or cat shall permit such dog or cat to be on a public street or highway, in a public park, public building or any other public place at any time, except when:

(1) Held securely by a leash of suitable strength and a length of not more than ten feet by the owner or other person capable of restraining the actions of the dog or cat; or
(2) Confined within a motor vehicle.

(b) No person owning, keeping, possessing or harboring any dog or cat shall permit the dog or cat to be on private property at any time without permission of the owner or occupant of the property.
(c) Any person who owns, keeps, possesses or harbors a dog or cat shall be responsible to ensure that the dog or cat does not defecate on property other than such person's property, or, if the dog or cat does so, to promptly clean up any fecal matter deposited by the dog or cat. Owners of service dogs are excepted from this subsection.

(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-32)

Sec. 4-48. Vicious dogs.

(a) A vicious dog is one that bites or attacks a person, or a dog that bites or attacks and causes serious injury or death to another dog while the other dog is on the property or under the control of its owner. However, a vicious dog does not include a dog that:

(1) Bites or attacks a person who is knowingly trespassing on the property of the dog's owner.
(2) Bites or attacks a person who provokes or torments the dog.
(3) Is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person if the person is engaged in a lawful activity or is the subject of an assault.

(b) No person shall own, keep, harbor or possess a vicious dog.

(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-33)
State law references: Regulation of dangerous animals, MCL 287.321 et seq.; persons bitten by dogs, MCL 287.351.
Secs. 4-49--4-80. Reserved.

ARTICLE III. IMPOUNDMENT

Sec. 4-81. Authority to impound or destroy.

(a) Any dog or cat found running at large or any animal found in violation of this chapter may be seized and impounded by the department of public safety.
(b) If such animal shall be elusive and incapable of being seized and represents a danger to the general public, the department of public safety shall have the authority to destroy such animal.

(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-56)

Sec. 4-82. Delivery to village veterinarian.
All animals impounded by the department of public safety under the provisions of this article shall be delivered to the village veterinarian. If the owner of such animal can be ascertained, such person shall be promptly notified.
(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-57)

Sec. 4-83. Owner liable for costs.
The owner of any animal impounded under the provisions of this chapter shall be deemed liable for payment of the costs of impoundment, and failure to make payment to the village veterinarian within ten days after notice thereof, in writing, to the owner shall constitute a violation of this chapter.
(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-58)

Sec. 4-84. Veterinarian fees.
Any fees paid to the village veterinarian under the provisions of this article by the village or the owner of any impounded animal shall be the current prevailing rates for such services.
(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-59)

Sec. 4-85. Rabid animals.
If it is determined that an impounded animal is afflicted with rabies, such animal shall be destroyed upon proper order from the board of health.
(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-60)

Sec. 4-86. Return, disposal or sale of impounded animals; monies from sale.

(a) Any animal impounded under the provisions of section 4-3, but which is determined not to be afflicted with rabies, shall be forthwith returned to its rightful owner if the owner can be ascertained.
(b) An animal impounded because the ownership or possession of such animal is illegal under section 4-5 shall be destroyed, given away or sold at the discretion of the department of public safety.
(c) An impounded dog or cat whose owner cannot be ascertained after a period of 72 hours or whose owner does not claim the dog or cat within 72 hours after notice of impoundment shall be destroyed, given away or sold at the discretion of the department of public safety.
(d) Any monies derived from the sale of any impounded animal shall be first applied to any impounding charges, and the remainder, if any, shall be paid into the general fund of the village.

(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-61)
Secs. 4-87--4-120. Reserved.

ARTICLE IV. VIOLATIONS

Sec. 4-121. Ordinance violation summons.
Whether or not the department of public safety is able to seize a dog or cat running at large or an animal otherwise in violation of this chapter, an ordinance violation summons arising from such violation may be delivered to the owner of the animal or left at the owner's residence or place of business. Such summons shall give notice of the violation of the ordinance and that an arrest warrant will be requested against such owner unless a monetary fine is paid through the municipal court as provided in this article or the owner appears in municipal court on the date and time shown on the summons.
(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-81)

Sec. 4-122. Satisfaction of violations by payment of monetary fine.
Violations of this chapter, other than as specified in section 4-123, may be satisfied by payment of a monetary fine through the municipal court violations bureau in lieu of personal appearance before the court. The fine for violations covered by this section shall be in an amount established by the village council.
(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-82)

Sec. 4-123. Violations requiring court appearance.

(a) The following violations of this chapter may be settled only through a personal appearance in municipal court:

(1) Any violation of section 4-2--4-5, 4-48 or 4-83;
(2) The fourth violation within a 12-month period of any of the other sections of this chapter.

(b) A person convicted of a violation of section 4-2--4-5, 4-48 or 4-83 or the fourth violation within a 12-month period of any of the other sections of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-56 of this Code.

(Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-83)