Demo 4

Code of Ordinance

It is hereby found and declared by the Village of Mayville that owning and/or keeping an animal or fowl is a privilege which carries with it responsibilities to the Village and its residents with regard to the care and custody of said animal.

It is not intended that this article shall supersede the provisions of Public Act No. 339 of 1919 (MCL 287.261 et seq., MSA 12.511 et seq.), but this article shall be construed to be supplementary thereto.

For the purpose of this ordinance, the following words, terms and phrases, shall have the meanings ascribed to them in this section: Animal Any dog, cat, bird, fowl, reptile, mammal, fish or any other animal, domestic or domesticated. Animal Control Officer Any Village of Mayville Police Officer or other law enforcement officers designated by the Village Manager or Chief of Police. At Large An animal off the premises of the owner and not under reasonable control. Impounded Any animal, pursuant to this chapter or any state statute, that has been received into the custody of any animal shelter. Owner Every person having a right of property in an animal, and every person who keeps or harbors an animal or has it in his/her care, and every person who permits an animal to remain on or about any premises occupied by him/her. Person Any natural person, firm, association, partnership, limited liability corporation or corporation.

Every person who shall violate any of the provisions of this chapter shall be responsible for a municipal civil infraction, which shall be processed in accordance with sections 1-15 through 1-21 of this Code and the penalties for which are prescribed therein. Each day this ordinance is violated shall be considered as a separate violation. In addition to the foregoing fines, the Court may assess as costs, the damages and expenses incurred by the Village in enforcement of this ordinance against the violator, including the costs of prosecution. The assessment and collection of these fines and costs shall be in accordance with MCLA 600.8701 et seq. In addition to any remedies available at law, the Village may bring an action for an injunction or other process against a person to restrain, prevent, or abate any violation of the ordinance. The penalty or sanction shall be in addition to the abatement of the violating condition, any injunctive relief, revocation of any permit or license, or other process.

The various parts, sections, and clauses of this ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the ordinance shall not be affected thereby.

Any ordinances in conflict with the provisions of this ordinance are, to the extent of such conflict, hereby repealed. Secs. 14-7—14-30. - Reserved.

1. (a) No person shall keep or house any horse, cow, calf, mule, duck, goose, turkey, guinea hen, chicken, ostrich, emu, goat, llama, alpaca, sheep, pig or other livestock within the village limits.
2. (b) Rabbits may be kept or housed within the village limits; provided, however, such animals shall not be kept within 50 feet of any residence other than that of the owner, and shall be kept and housed in accordance with section 14-32.
3. (c) Animals or fowl brought into the village for slaughter may be housed or kept in any district where it is permissible for a period of not more than 24 hours.

All animals or fowl kept or housed within the village limits shall be kept and housed in compliance with each of the following conditions:

1. (a) Housing facilities for animals shall be structurally sound and shall be maintained in good repair to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals. All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition, free from all rodents, vermin and flies. All manure, refuse or other litter resulting from their keeping or housing shall be disposed of daily in such a manner as to prevent any nuisance or any unsanitary, odorous or offensive condition.
2. (b) Every building or enclosure wherein animals are maintained shall provide proper shelter and protection from the weather at all times, and shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical need of the animals or fowl, with sufficient light to allow observation of animals and sanitation. All animal rooms, cages, kennels and runs shall be of sufficient size to provide adequate and proper accommodations and exercise for the animals kept therein.
3. (c) All animals shall be supplied with sufficient good wholesome food and water as often as the feeding habits of the respective animals require.
4. (d) Every reasonable precaution shall be used to insure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means.
5. (e) No condition shall be maintained or permitted that is or could be injurious to animals.
6. (f) All reasonable precautions shall be taken to protect the public from the animals and the animals from the public.
7. (g) Any animal control officer or other duly designated representatives of the village may enter any premises where animals or fowl are maintained for investigation or inspection as to whether or not any portion of such premises, building, structure, enclosure, pen or cage is being used, kept or maintained in violation of this ordinance or any other county ordinance or state law. No person shall deny, prevent, obstruct, or attempt to deny, prevent or obstruct such access. This section does not permit any person to enter a private dwelling except where necessary to rescue an animal under exigent circumstances.

No person shall refuse to show or exhibit for a health inspection or other police investigation any domestic or domesticated animal in his/her possession or custody to any licensed inspector, police officer or animal control officer.

When any animal or fowl dies within the village, the owner or person in possession of it shall, within twelve (12) hours thereafter, cause the carcass to be removed beyond the village limits or bury the same so that the entire carcass shall be covered with earth not less than three (3) feet in depth above such carcass. Any authorized Village official or employee may at any time take up and cause to be buried or otherwise suitably disposed of the carcass of any fowl or animal found dead upon any street or alley or in any other public place in the Village. Secs. 14-35—14-60. - Reserved.

It shall not be lawful for any person owning, keeping, walking, possessing or having charge of any fowl or animal within the corporate limits of the village to:

1. (a) Permit or allow said animal to run at large in any street, alley or public place within the village, or upon the premises of another, unless by permission of the owner or occupant of such premises.
2. (b) Fail to maintain reasonable controls or physical barriers such that said animal strays beyond the premises upon which it is legally kept, unless such animal is under reasonable control by a person of such age, means and discretion as necessary to physically control said animal. In addition, all dogs shall also be restrained by a fixed chain or leash not exceeding six feet (6') in length.

1. (a) It shall not be lawful for any person owning, keeping, walking, possessing or having charge of any fowl or animal within the corporate limits of the village to:
   1. (1) Permit such animal to defecate and to allow the feces to remain upon any public street, sidewalk, pathway, park, pedestrian way, or any public facility, on any school ground, or on any private property not owned or possessed by said person unless the person shall immediately and securely enclose all feces deposited by the animal in a bag, wrapper, or other container and dispose of it in a sanitary manner.
   2. (2) Permit, either willfully or through failure to exercise due care or control, such animal to commit any nuisance by defecating or urinating upon the sidewalk of any public highway or upon any building, fence or wall immediately abutting on a public sidewalk, or without the consent of the owner or person in lawful occupation thereof, any lawn, yard, or any other private property whatever.
2. (b) Any person owning, keeping, walking, possessing or having charge of any fowl or animal on any public street, sidewalk, pathway, park, pedestrian way, or any public facility, on any school ground, or on any private property not owned or possessed by said person shall at all times maintain in his/her possession sufficient suitable wrappers, bags, or containers for the purpose of complying with the requirements of this Section. The failure of such person to carry such wrappers, bags, or containers shall constitute a violation of this Section.

It shall not be lawful for any person to own, harbor, keep or have charge of any fowl or animal which causes serious annoyance amounting to a nuisance or menace to the health, peace or safety of the community for any of the following reasons:

1. (a) Frequent or habitual loud barking, yelping, howling, meowing, shrieking, squawking, squealing, whining, or making other sounds in an excessive, continuous, or untimely fashion, which causes distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity.
2. (b) Destroying property of another person or by trespassing on the property of another person.
3. (c) Otherwise cause serious annoyance to the people of the neighborhood in which such animal is kept, or to people utilizing the public walks or streets in such neighborhood. Secs. 14-64—14-80. - Reserved.

1. (a) Any person who owns, harbors, keeps or has charge of any fowl or animal which attacks, bites, scratches, or otherwise physically injures human beings or other animals without adequate provocation, or which, because of temperament or training, has a known propensity to attack, bite, scratch, or otherwise physically injure human beings or other animals:
   1. (1) Shall confine such animal to a building or secure enclosure; and
   2. (2) Shall, whenever such animal is off the premises on which it is kept, keep such animal securely muzzled and restrained with a chain having a minimum tensile strength of twice the animal's body weight and not more than three
   3. (3) feet in length, or otherwise securely caged.
2. (b) No person shall permit or allow, by failure to exercise due control, any animal to bite or attack, or threaten to bite or attack, a person or domestic animal except in the defense of itself or in defense of a person during the commission of a crime by another.

Any person who shall have in his/her possession an animal which has contracted rabies or which has been subjected to rabies, or which is suspected of having rabies, or which has bitten any person, shall, upon demand of any animal control officer, produce and surrender up such animal to such officer, to be held for observation as provided in this section, or confine the animal to the owner's premises, at the discretion of the officer. It shall be the duty of any person owning or harboring an animal which has been attacked or bitten by another animal showing the symptoms of rabies to immediately notify the police department that such person has such an animal in his/her possession. Whenever an animal has been reported as being rabid, the animal shall be confined for a period of not more than ten days. Secs. 14-83—14-100. - Reserved.

The Village Manager or other designated village official is hereby authorized to enter into contracts with licensed veterinary hospitals, boarding kennels or animal shelters to carry out the impoundment provisions of this section. The Village may also establish criteria for the release of animals impounded to owners and others claiming such animal, including fees for the first and/or subsequent impoundments of the same animal, and where applicable may require immunization certificates, neuterization or proof of licensing. All animals placed under the custody of an animal shelter shall be kept, released or disposed of according to established procedures or any applicable contract.

1. (a) Any animal found to be kept or housed, or permitted to run at large, in violation of this ordinance shall be deemed a public nuisance, and may be seized by an animal control officer or employee of the village, and animals so caught shall be delivered to an animal shelter to be impounded or disposed of in accordance with applicable law.
2. (b) Any person, acting in the interest of public safety, may, at his/her own risk, place under reasonable restraint any animal running at large which shall attack, bite or cause injury to any person in his/her presence; provided that any person exercising the authority hereby conferred, shall forthwith notify a member of the Police Department, animal control officer or other authorized Village employees that he/she has so placed an animal under restraint, to the end that animal may be promptly picked up and impounded in accordance with the provisions of this Section.
3. (c) Whenever any animal running at large shall be found upon the premises of any owner or occupant of residential or business property within the Village, destroying property or committing a nuisance upon such premises, such owner or occupant, or a member of his/her family, or any duly authorized employee, may at his/her own risk, while such animal remains on the premises of such owner or occupant, place it under reasonable restraint for the purpose of having it impounded; provided that any person exercising the authority hereby conferred, shall forthwith notify a member of the Police Department, animal control officer or other authorized Village employees that he/she has so placed an animal under restraint, to the end that animal may be promptly picked up and impounded in accordance with the provisions of this Section.

Any animal control officer is authorized to kill any animal in accordance with the following subsections:

1. (a) Such officer may kill any animal which he/she sees in the act of pursuing, worrying or wounding any livestock or poultry, or attacking persons or domestic animals, and there shall be no liability, in damages or otherwise, for such killing.
2. (b) Such officer may kill any animal determined to be molesting wildlife and not lawfully hunting.
3. (c) Such officer may kill any animal when permitted by state law or any other applicable law. Secs. 14-104—14-120. - Reserved.

Whenever the president of the village may apprehend that there is a danger of spread of rabies within or near the village, he/she shall issue a proclamation ordering and requiring that those who own or keep a dog within the village confine or muzzle the dog for a period of not less than 30 days and not more than 90 days after the date of such proclamation. Upon issuance of such proclamation, the president shall cause the proclamation to be published in at least two successive issues of a newspaper circulated in the village. During the time mentioned in such proclamation, any dog which may run at large or upon the streets not attached to a chain or leash and in the immediate control of some person without being muzzled in such manner as to prevent his/her biting persons or other dogs is hereby declared a nuisance. Secs. 14-122—14-140. - Reserved.

It shall be unlawful for any person to own, possess, harbor or have the care or charge of any dog, male, female or unsexed, of the age of three months or over, within the village unless such dog shall wear a collar or harness to which is attached a current year license tag issued pursuant to Act 339 of the Public Acts of Michigan for 1919, as amended. However, this division shall not apply to any person transporting a dog through the village, if such dog shall be licensed under a then valid license issued at the place of residence of the owner or keeper of such dog. Every person in possession of any dog, or who shall permit any dog to remain on or about his/her premises for a period of five days or more, shall, for the purposes of this division, be deemed the owner of the dog.

The license tag required by this division shall be permanently attached to a collar, harness or other device, which shall be worn by the dog at all times in order to enable an animal control officer to establish positive proof of ownership of the animal if the animal is found running at large.

It shall be unlawful for any person to remove any license tag or immunization tag or collar bearing a license tag or immunization tag from any dog without the consent of the owner thereof, who shall be deemed responsible for any violation of this division. Secs. 14-144—14-160. - Reserved. [1]

Footnotes:

--- (1) --- Cross reference— Community development, ch. 26; environment, ch. 30; dangerous buildings, § 30-61 et seq.; fire prevention and protection, ch. 34; health and sanitation, ch. 38; solid waste, ch. 54; streets, sidewalks and other public places, ch. 62; utilities, ch. 70. State Law reference— State construction code act, MCL 125.1501 et seq., MSA 5.2949(1) et seq. Secs. 18-1—18-30. - Reserved.

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