Statute in Full:
Detroit, Michigan
East Lansing, Michigan
Detroit Michigan
Code City of Detroit Michigan
Chapter 6 ANIMAL CONTROL, REGULATION AND CARE*
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*Editor's note: Ord. No. 04-04, § 1, adopted Jan. 30, 2004, amended former Ch. 6, Arts. I--V, in its entirety to read as herein set out. Former Ch. 6 pertained to similar subject matter and derived from the Code of 1964 and the following:Ord. No. 377-H, § 1, 2-20-80; Ord. No. 24-87, § 1, 9-23-87; Ord. No. 44-88, § 1, 11-30-88.
Cross references: Live birds and animals prohibited in food serving and selling areas, § 21-3-19; drainage, paving and sanitations of stockyards, § 24-1-2; animals running at large prohibited in house trailer camps, § 34-3-14; presence of seeing eye dogs in public places, § 38-1-8; molesting, etc., animals and fowl in parks, § 40-1-16; abandonment of animals in parks prohibited, § 40-1-17; riding of horses in parks, § 40-1-18; dogs to be on leashes in parks, § 40-1-18; subdivision of land, Ch. 15; driving with animals in lap prohibited, § 55-4-2; hitching animals to trees and shrubs prohibited, § 57-2-5; horse drawn carriages, § 58-3-1 et seq.; animals prohibited on People Mover System, § 58-7-10.
State law references: Authority to adopt animal control ordinance, MCL 287.290, MSA 12.541; crimes relating to animals and birds, MCL 750.49 et seq., MSA 28.244 et seq.
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Article I. In General
§ 6-1-1. Definitions.
§ 6-1-2. Animal control division; authorization and enforcement; minimum employment standards for animal control officers; right of entry upon probable cause; interference with officer; damage to property; fees; rules.
§ 6-1-3. Owning, harboring, keeping, maintaining, selling or transferring of farm or wild animals prohibited; exception for circuses, zoos, and other approved activities; separate violations for each animal; disposition of animals in violation of this section.
§ 6-1-4. Owning, harboring, keeping, or maintaining of reptiles or serpents prohibited; exceptions; separate violations for each reptile or serpent.
§ 6-1-5. Certain animals declared public nuisance; abatement; animal waste; responsibility for removal of waste; prohibition of unapproved kennels.
§ 6-1-6. Owning, harboring, keeping, or sheltering vicious animals and animals exposed to rabies prohibited; disposition or release of animal having attacked, bitten or scratched a person or animal; surrender of animal.
§ 6-1-7. Rabies control requirements for dogs over the age of four (4) months; waiver of vaccination fee.
§ 6-1-8. Dangerous animals; determination by the administrator of the animal control division or designee; appeal of dangerous animal determination; requirements for owners of animals determined to be dangerous; violation; disposition of dangerous animals.
§ 6-1-9. Animals determined to be dangerous animals; requirements; warning notice.
§ 6-1-10. Animals determined to be dangerous; failure to comply with requirements; seizure; euthanization of animal.
§ 6-1-11. Maximum number of dogs and cats at residence; exceptions.
§ 6-1-12. Violations and penalties.
§§ 6-1-13--6-1-20. Reserved.
Article II. Licensing and Control of Dogs
§ 6-2-1. Dog license requirements; limitation on number of licenses issued to a residence; unlicensed dogs declared a public nuisance; abatement; impoundment of stray and unlicensed dogs.
§ 6-2-2. Dogs within the city for less than thirty (30) days; exception to requirement for license; proof of rabies vaccination.
§ 6-2-3. Dog license application; issuance and expiration of licenses.
§ 6-2-4. Dog license fees.
§ 6-2-5. License tags; license and tags not transferrable. Use of microchips; transfer of microchip registration.
§ 6-2-6. Dog restraint.
§ 6-2-7. Treatment of stray dogs.
§ 6-2-8--6-2-20. Reserved.
Article III. Animal Control Shelter
§ 6-3-1. Establishment, operation, and maintenance of animal control shelter.
§ 6-3-2. Neutering and spaying clinic.
§ 6-3-3. Capture, impoundment, and harboring of stray animals.
§ 6-3-4. Records and reports.
§ 6-3-5. Holding period for certain animals; notice to owner.
§ 6-3-6. Redemption and release fees.
§ 6-3-7. Disposition upon failure to redeem; sale or transfer of live animals for research prohibited; neutering, spaying, licensing and vaccination prior to release.
§ 6-3-8. Treatment of vicious animals or certain animals determined to be dangerous; rebuttable presumption that the dog is vicious; disposition.
§ 6-3-9. Disposal of dead animals.
§ 6-3-10--6-3-20. Reserved.
Article IV. Proper Treatment and Transportation of Animals
§ 6-4-1. Overcrowding; failure to provide proper food, water, shelter, or sanitation.
§ 6-4-2. Sale of baby chicks, baby rabbits, ducklings or other fowl as pets or novelties prohibited.
§ 6-4-3. Locking or tying wings of fowl prohibited.
§ 6-4-4. Safe transportation of animals required.
§ 6-4-5. Segregation of animals of different kinds, sizes, and weights required for transportation.
§ 6-4-6. Seizure and impoundment of animals where article violated.
§ 6-4-7--6-4-10. Reserved.
Article V. Pet Shops
Division 1. Generally
§ 6-5-1. Pet shop kennels or cages to be approved.
§ 6-5-2. Pet shop requirements.
§ 6-5-3. Sale of diseased, injured, maimed, or sick animals prohibited.
§ 6-5-4. Injured or sick animals to be reported; care by a licensed veterinarian or others.
§ 6-5-5. Misrepresentations as to health or pedigree.
§ 6-5-6. Humane treatment of animals.
§ 6-5-7. Approval of health department; agreement by applicants and licensees.
§ 6-5-8--6-5-20. Reserved.
Division 2. License
§ 6-5-21. License required.
§ 6-5-22. Application; information required. Action upon application.
§ 6-5-23. Application and license fee.
§ 6-5-24. Requirements for issuance of city license to operate a pet shop.
§ 6-5-25. Additional inspection and approval of premises; structural and fire safety requirements.
§ 6-5-26. Investigation required.
§ 6-5-27. License posting required; non-transferable.
§ 6-5-28. Expiration and renewal dates.
§ 6-5-29. License suspension, revocation, or denial of renewal.
§ 6-5-30. Reserved.
ARTICLE I. IN GENERAL
Sec. 6-1-1. Definitions.
For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Animal means any living domesticated or wild invertebrate or vertebrate, excluding humans.
Animal Control Division means the division of the Detroit Health Department, or such other designated City of Detroit department or agency, authorized to administer and enforce the provisions of this chapter.
City means the City of Detroit.
Dangerous animal determination means a written declaration or order issued by the Administrator of the Animal Control Division, or his or her designee, finding that a dog or other animal is dangerous because the dog or other animal:
(1) Has without provocation attacked, bitten, or otherwise caused injury to a person; or
(2) Has without provocation attacked, bitten, or otherwise caused injury to another domesticated animal; or
(3) Has on one (1) or more occasions, and without provocation, chased or approached any person on any public property, or on any private place that is not the property of the animal's owner, in an apparent attempt to attack or injure the person.
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.
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.
Impounded means an animal confined, kept, and maintained by the Animal Control Division.
Kennel means any premise or structure where three (3) or more animals are boarded, confined, kept or maintained for the purpose of breeding, boarding, sale, sporting, or any commercial or training purposes.
Licensed dog means a dog currently licensed by the Animal Control Division.
Licensee means any person or premises licensed under this chapter.
Neuter means to make a male animal incapable of reproducing.
Offered for sale means all animals found on the premises indicated on the license or licenses of a pet shop, except those 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, every person having a right of property in the animal, every person who keeps or harbors an animal, or has an animal in his or her care or control, and every person 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, monkeys, rabbits, and other animals are offered for sale to the public.
Residence means an apartment, dwelling, flat, house, or other building or structure where one (1) 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 safely confine an animal.
Serious bodily injury means bodily injury which creates a substantial risk of death or causes serious or permanent disfigurement, disfiguring lacerations requiring sutures or cosmetic surgery, unconsciousness, extreme pain, or permanent or protracted loss or impairment of the function of a bodily member or organ.
Spay means to make a female animal incapable of reproducing.
Sterilization means to neuter or spay an animal.
Stray animal means any animal running loose on public or private property without restraint.
Vicious animal means any animal which:
(1) Mauls or kills a person or otherwise has inflicted serious bodily injury upon a person without provocation; or
(2) Has inflicted two (2) or more bites upon one (1) person causing serious injury to the person; or
(3) Has inflicted one (1) or more bites upon two (2) or more persons causing serious injury to the person or persons.
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 a willful trespass or other tort upon the property of the animal's owner, or an act of abuse, assault, attack, or torment upon the animal or the owner of the animal, or a criminal act or an attempt to commit a criminal act which takes place where the animal is located.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-1-2. Animal control division; authorization and enforcement; minimum employment standards for animal control officers; right of entry upon probable cause; interference with officer; damage to property; fees; rules.
(a) The Animal 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 Animal 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.
(c) In accordance with section 1-1-9 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.
(d) 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; and
(2) A minimum course of study of not less than one hundred (100) instructional hours as prescribed by the Michigan Department of Agriculture.
Where the animal control officer is a police officer or has served at least three (3) years as an animal control officer, these standards and requirements shall not be required.
(e) The animal control officers of the Animal Control Division who are designated to enforce the provisions of this chapter shall have the right of entry, upon probable cause of a violation of this chapter, onto any premises, residence, or real property within the City for the purpose of capturing, collecting, or restraining any animal. Further, such officers shall have the right of entry, upon probable cause, to any premises, residence, or real property 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.
(f) It shall be unlawful for any person to 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.
(g) It shall be unlawful for any unauthorized person to 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 any vehicle or device used by the Animal Control Division to transport or restrain any animal.
(h) It shall be unlawful for any person to 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.
(i) It shall be unlawful for any person to 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 Control Division.
(j) The Public Health Director shall establish fee schedules, subject to the approval of City Council, and collection procedures for services which are determined to be necessary for the public health and welfare of the City, including, but not limited to, the licensing and registration of dogs. 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.
(k) In accordance with the Michigan Public Health Code, MCL 333.1101 et seq and section 2-111 of the 1997 Detroit City Charter, the Detroit Health Department shall adopt and modify administrative regulations, rules, and procedures, as necessary, for the administration of this chapter, including hearing procedures for resolving matters in dispute.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-1-3. Owning, harboring, keeping, maintaining, selling or transferring of farm or wild animals prohibited; exception for circuses, zoos, and other approved activities; separate violations for each animal; disposition of animals in violation of this section.
(a) It shall be unlawful for a person to 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 farm animals or wild animals may be kept in circuses, zoos, or laboratories, 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 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 applicable established City guidelines and procedures.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-1-4. Owning, harboring, keeping, or maintaining of reptiles or serpents prohibited; exceptions; separate violations for each reptile or serpent.
(a) It shall be unlawful for a person to own, harbor, keep, or maintain any reptiles or serpents, except turtles that are not in excess of fifteen (15) inches in length, in their premises or at a public place within the City; provided, that this section shall not prohibit a circus, zoo, or serpentarium, subject to the approval of the City, or to a pet shop that is licensed under article IV 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 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 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, acceptable humane practices, and any applicable established guidelines and procedures.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-1-5. Certain animals declared public nuisance; abatement; animal waste; responsibility for removal of waste; prohibition of unapproved kennels.
(a) Any animal which:
(1) Is unclaimed by its owner after being picked up by, or delivered to the care and control of, the Animal Control Division, or a stray animal; or
(2) Bites a person; or
(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, digs, or urinates upon any building, lawn, plant, shrub, tree, or any other public or private property, other than the property of the owner, may be declared to be a public nuisance, and subject to capture and abatement by the Animal 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 rules and regulations of the Detroit Health Department.
(b) It shall be unlawful for any owner of any animal declared to be a public nuisance to fail to immediately take any available and reasonable measures to abate such a public nuisance upon the oral or written notification of the owner of the animal by any person authorized to enforce the provisions of this chapter.
(c) 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, 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 condition 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 guide or paws dog to fail to promptly and properly collect and dispose of any animal waste or excrement on any public or private property.
(d) It shall be unlawful for any person to maintain or operate a kennel, or to construct, maintain, or use an accessory building for a kennel, within the City without the approval or a permit from the Building and Safety Engineering Department and approval by the Detroit Health Department.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-1-6. Owning, harboring, keeping, or sheltering vicious animals and animals exposed to rabies prohibited; disposition or release of animal having attacked, bitten or scratched a person or animal; surrender of animal.
(a) It shall be unlawful for any person to own, harbor, keep or shelter a vicious animal, as defined in section 6-1-1 of this Code, or an animal that has been attacked, bitten or scratched by any animal known to have been afflicted with rabies.
(b) Any person who owns, harbors, keeps or shelters an animal which has contracted rabies, or which has been exposed to rabies, including being sheltered in the same enclosure with a known rabid animal, or which has been suspected by a competent authority of having rabies, shall produce and surrender such animal to the Animal Control Division, upon demand of the Animal Control Division or of the Police Department, or to such place as may be designated by the City, to be detained for the purpose of clinical observation of rabies for a period as may be determined by the Animal Control Division.
(c) Any person who owns, harbors, keeps or shelters an animal which has attacked, bitten, or scratched a person or has been attacked, bitten, or scratched by another animal, showing the symptoms of rabies, shall have the duty and responsibility to immediately notify the Animal Control Division that he or she has such an animal in his or her possession. Further, it shall be unlawful for any person, without the knowledge and approval of the Animal Control Division, to release, sell, transfer, or cause to be euthanized any animal which has contracted rabies, or which has been exposed to rabies, including being sheltered in the same enclosure with a known rabid animal, or which has been suspected by a competent authority of having rabies, or that is known or suspected to have attacked, bitten, or scratched a person or other animal.
(d) Upon investigation and subsequent determination by the Animal Control Division that a person has been attacked, bitten, or scratched by an animal, any person who owns, harbors, keeps or shelters such an animal shall have the duty and responsibility to surrender the animal, upon demand, to the Animal Control Division, or upon approval of the Animal Control Division, to a licensed veterinarian or any nonprofit corporation licensed for the purpose of sheltering animals, for the purpose of detention and clinical observation for rabies. The observation period shall be for a period of not less than ten (10) days from the date of the attack, bite or scratch. The owner of the animal shall bear the cost of the care, feeding, and maintenance of a quarantined animal. In cases of animal pregnancy or illness, animals may be quarantined, at the discretion of the Animal Control Division, on the owner's property. Any animal subject to quarantine shall not be vaccinated before the quarantine period has expired.
(e) It shall be unlawful for a person, upon demand of the Animal Control Division or of the Police Department, to fail to surrender an animal that has attacked, bitten, or scratched a person or animal within twenty-four (24) hours after the animal has attacked, bitten, or scratched a person to the Animal Control Division, or upon approval of the Animal Control Division, to a licensed veterinarian or any nonprofit corporation licensed for the purpose of sheltering animals, for the purpose of detention and clinical observation for rabies.
(f) The Animal Control Division may authorize the owner of an animal that has attacked, bitten, or scratched a person or animal to confine the animal to his or her residence or other suitable place for the clinical observation period for rabies. Where confinement is authorized under this subsection, the animal shall be confined in a secure pen, with an asphalt, concrete or wood floor, with a closed top, and locked gate, assuring that the clinical observation period will be completed with the animal still confined. Further, during this confinement the animal shall only be allowed outside of the pen where the animal is under restraint.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-1-7. Rabies control requirements for dogs over the age of four (4) months; waiver of vaccination fee.
(a) Any dog over the age of four (4) months that is owned, harbored, kept, or sheltered within the City shall at all times be vaccinated against rabies, unless a written statement, renewable each year by a veterinarian is produced by the owner showing that the dog should not be vaccinated. Any owner or person harboring keeping, or sheltering a dog within the City shall have the duty, upon demand by the Animal Control Division or any authorized agent of the Animal Control Division, to produce proof of vaccination against rabies. A proof of vaccination against rabies shall consist of a written certificate or statement signed by a licensed veterinarian, and shall state the owner's name and address, a description of the dog, including the breed, sex, and age of the dog, the date of vaccination, the type of vaccine used, and the date re-vaccination is due. One (1) copy of such certificate or statement shall be forwarded by the veterinarian signing such document to the Animal Control Division in a manner as prescribed by the City.
(b) The Animal Control Division shall vaccinate a dog, without payment of a fee, where:
(1) The owner, as determined by the Animal Control Division, is an indigent person who is unable to pay; or
(2) The owner presents proof of the current receipt of state or local public assistance; or
(3) The owner's income consists entirely of benefits under the social security act, or the railroad retirement act, or veteran's benefits; provided, that this waiver of payment for a dog vaccination shall apply to only one (1) dog per residence.
Sec. 6-1-8. Dangerous animals; determination by the administrator of the animal control division or designee; appeal of dangerous animal determination; requirements for owners of animals determined to be dangerous; violation; disposition of dangerous animals.
(a) Upon the receipt of a verifiable complaint from an individual or other report of an attack, a bite, a dogfight, an injury, an observation of threatening behavior, or other reason to cause a reasonable person to believe that a dog or other animal may be dangerous, the Animal Control Division shall evaluate the complaint or report and, where the factual circumstances warrant, may conduct a dangerous animal investigation. Where practicable, the investigation shall include interviewing the complainant, any victim or victims of the attack or animal bite and any witness or witnesses who observed the subject animal, and visiting the scene where the reported incident took place.
(b) The Animal Control Division investigator who is assigned to the dangerous animal investigation shall make a written recommendation concerning the incident and the animal and whether the Administrator of the Animal Control Division should issue a dangerous animal determination, including the factual basis for the recommendation. For purposes of making a recommendation under this section of the Code, the investigating officer may review and rely upon a written police report concerning an animal attack, bite, threatening behavior, or other observation that an animal may be dangerous. Any animal that is the subject of a dangerous animal investigation shall not be moved or harbored at another location, or have its ownership transferred, pending the outcome of the investigation or any hearings related to the determination of whether the animal is a dangerous animal under this section.
(c) The Administrator of the Animal Control Division, or his or her designee, shall review the recommendation contained in the dangerous animal investigation, and, after such review, shall have the authority to issue a dangerous animal determination concerning the subject dog or animal. Upon the issuance of a dangerous animal determination, the Administrator of the Animal Control Division, or his or her designee, may order the owner of such animal to comply with any or all of the requirements contained in this section in order to protect the public health, safety, and welfare.
(d) Upon a dangerous animal determination, the Animal Control Division shall provide the owner of the animal a written notification of the determination by certified mail or personal service. Within ten (10) days from the date of receipt of the mailing or personal service of the notice of the dangerous animal determination, the owner of the animal may file a written request with the Animal Control Division for a hearing to review the determination. An administrative hearing shall be held as soon as possible, but neither earlier than five (5) days, nor later than thirty (30) days after the receipt of the animal owner's request for a hearing. The administrative hearing shall be held in accordance with the rules and procedures of the Detroit Health Department that are promulgated pursuant to section 2-111 of the 1997 Detroit City Charter. Pending any hearing or resolution on the dangerous animal determination, the animal shall be confined in accordance with any requirements imposed by the Administrator of the Animal Control Division, or his or her designee, pursuant to section 6-1-9 of this Code, including confinement in a securely fenced or enclosed area. Where the owner fails to request a hearing within the ten (10) day period after notice, then the dangerous animal determination made by the Administrator of the Animal Control Division, or by his or her designee, shall become final, and the animal shall be deemed a dangerous animal under this section.
(e) Pursuant to section 6-3-8 of this Code, where the Administrator of the Animal Control Division, or his or her designee, makes a dangerous animal determination under subsection (c) of this section and the animal has caused severe injury or death to any person or animal, the Administrator of the Animal Control Division, or his or her designee, may order the euthanization of the animal taking into consideration the severity and the total circumstances of injury to person(s) or animal(s).
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-1-9. Animals determined to be dangerous animals; requirements; warning notice.
(a) In all cases where an animal is determined to be a dangerous animal under section 6-1-8 of this Code, and the animal is not euthanized, the Administrator of the Animal Control Division, or his or her designee, shall order the owner to comply with the following requirements:
(1) When the animal is on the owner's property, the animal must be confined securely indoors or securely outdoors within a locked enclosure, pen, or structure that prevents the entry of any person and the escape of the confined animal. Any enclosure, pen, or structure used to confine an animal determined to be dangerous shall be a minimum of six (6) feet in height. Where the enclosure, pen, or structure used to confine the animal does not have a bottom secured to the sides, the sides shall be embedded into the ground at a depth of at least two (2) feet. Any enclosure, pen, or structure, including any fencing, used for the purpose of compliance with this section is required to be humane and provide protection from the weather for the animal. Every owner of an animal determined to be a dangerous animal shall allow inspection of the required enclosure, pen, or structure by the Animal Control Division to ensure compliance with this section;
(2) While off the owner's property, an animal determined to be dangerous must be securely muzzled to prevent the possibility of biting and under restraint by a substantial chain or leash not exceeding six (6) feet in length by a person eighteen (18) years of age or older who shall be responsible for the animal at all such times. The muzzle must be made in a manner that does not cause injury to the animal or impair its vision or respiration, but must prevent the animal from biting any person or animal; and
(3) The owner of the dangerous animal must post 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 (6) inches in height "WARNING! DANGEROUS ANIMAL: KEEP AWAY."
(b) In addition, the Administrator of the Animal Control Division, or his or her designee, may order the owner of an animal that is determined to be a dangerous animal under Section 6-1-8 of this Code to comply, in any combination, with the following requirements:
(1) The owner must confine the dangerous animal to the secure enclosure described in subsection (a)(1) of this section at all times and only allow the animal out under the conditions set forth in subsection (a)(2) of this section, where necessary, to obtain veterinary care or to comply with a court order;
(2) The owner and the animal must complete a course of animal obedience training approved by the Animal Control Division;
(3) The owner must have the animal sterilized; or
(4) The owner must obtain and maintain liability insurance in an amount determined by the Administrator of the Animal Control Division, or by his or her designee, to be sufficient to compensate and protect the public from any damage or harm caused by the animal.
(c) Any animal determined to be dangerous pursuant to section 6-1-8 of this Code which has escaped from its locked enclosure, pen, or structure may be seized and impounded by the Animal Control Division, whether or not the animal has been returned to its locked enclosure, pen, or structure at the time of the pursuit or capture. Where impounded pursuant to this subsection, the animal shall not be returned to the owner unless a court so orders.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-1-10. Animals determined to be dangerous; failure to comply with requirements; seizure; euthanization of animal.
(a) It shall be unlawful for any person who owns an animal that has been determined to be dangerous under this chapter to fail to comply with any of the requirements of section 6-1-9 of this Code, or any order of the Administrator of the Animal Control Division, or his or her assignee, as authorized under that section.
(b) Any animal which has been determined to be a dangerous animal under section 6-1-8 of this Code, and is observed outside of and not confined within the enclosure required by section 6-1-9(a)(1) of this Code, or muzzled and restrained as required by section 6-1-9(a)(2) of this Code, or not in compliance with the requirements of section 6-1-9(b) of this Code, if applicable, may be seized by any animal control officer or police officer, or other authorized agent, and impounded at the owner's expense.
(c) Where an animal is determined to be dangerous pursuant to section 6-1-8 of this Code and thereafter attacks or injures a person or domesticated animal, the animal may be seized and impounded, at the owner's expense, by the Animal Control Division. The Administrator of the Animal Control Division, or his or her designee, is authorized to order the owner of the animal to comply with any of the alternatives contained in section 6-1-9(b) of this Code or order the euthanization of the animal. Within ten (10) days of the date of the City's notification that the animal will be euthanized, the owner of the animal may request an administrative hearing pursuant to section 6-3-8 of this Code.
(d) In addition to, or as an alternative to, the penalty which may be imposed for violation of this section, the court may order such dangerous animal euthanized upon showing, by a preponderance of the evidence, facts supporting the dangerous animal determination and that the animal has not been confined as required in subsection (a) of this section notwithstanding whether the animal is so confined at the time of the court hearing or was so confined at the time of impoundment.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-1-11. Maximum number of dogs and cats at residence; exceptions.
(a) It shall be unlawful for a person to own, harbor, keep, or shelter more than four (4) dogs over the age of four (4) months at a residence within the City; provided, that a person who owned, harbored, kept, or sheltered more than four (4) licensed dogs at his or her residence within the City prior to the effective date of the ordinance enacting this chapter of the Code may harbor, keep, or shelter more than four (4) licensed dogs at his or her residence until the death or the permanent transfer of ownership of each licensed dog that exceeds the maximum number of four (4) at the residence to a person or agency not at the residence.
(b) It shall be unlawful for a person to own, harbor, keep, or shelter more than four (4) cats over the age of four (4) months at a residence within the City.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-1-12. Violations and penalties.
(a) It shall be unlawful for any person to violate any provision of this chapter, or to aid and abet another to violate any such provision.
(b) Any person who violates this chapter may be issued an ordinance violation for each day that the violation continues.
(c) Except as provided in subsection (d) of this section, 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 fined up to five hundred dollars ($500.00) and sentenced to up to ninety (90) days in jail, or both, for each ordinance violation that is issued.
(d) Upon conviction for violation of section 6-1-6(a) of this Code or section 6-1-6(e) of this Code, the defendant shall be sentenced to a term of imprisonment of not less than twenty (20) days and shall receive a fine of not less than two hundred and fifty dollars ($250.00).
(Ord. No. 04-04, § 1, 1-30-04)
Secs. 6-1-13--6-1-20. Reserved.
ARTICLE II. LICENSING AND CONTROL OF DOGS
Sec. 6-2-1. Dog license requirements; limitation on number of licenses issued to a residence; unlicensed dogs declared a public nuisance; abatement; impoundment of stray and unlicensed dogs.
(a) It shall be unlawful for any person to own, harbor, keep, or shelter a dog more than four (4) months of age within the City without purchasing a license for the dog, in accordance with the requirements of this chapter, from the Animal Control Division, a City agency or department authorized to accept payment for a City dog license, or a nonprofit organization authorized to accept payment for a City dog license.
(b) In accordance with section 6-1-11(a) of this Code, the Animal Control Division, or any City agency or department authorized to accept payment for a City dog license, or a nonprofit organization authorized to accept payment for a City dog license, shall not issue more than four (4) dog licenses for a residence within the City unless the applicant for a license presents a signed notarized statement indicating whether one or more dogs previously licensed at the residence:
(1) Has died; or
(2) Has been sold or has been permanently transferred to a person not at the same residence or to an agency or organization; or
(3) Has escaped or reported stolen and has not been located by the owner for at least a two (2) month period.
(c) The Animal Control Division is authorized to impound, sell, euthanize, or dispose of any unlicensed dog consistent with the Michigan Dog Law of 1919, being MCL 287.261 et seq, and this chapter of the Code. Where any stray dog is captured by the Animal Control Division and is duly licensed in compliance with this chapter, the dog may be released to the owner upon payment of any fees, including impoundment charges; provided that the dog has not been declared a public nuisance under section 6-1-5 of this Code, or determined to be a dangerous animal pursuant to section 6-1-8 of this Code, and the release of the dog to the owner would be consistent with protecting public health and safety.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-2-2. Dogs within the city for less than thirty (30) days; exception to requirement for license; proof of rabies vaccination.
The dog license requirements of section 6-2-1 of this Code shall not apply to any dog temporarily within the City for a period of less than thirty (30) consecutive days where the dog is kept, at all times, within a building, enclosure or vehicle, or is under restraint as defined in section 6-1-1 of this Code; provided, that upon demand of an officer of the Animal Control Division or of the police department, the owner shall provide proof of vaccination against rabies for any dog temporarily within the City.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-2-3. Dog license application; issuance and expiration of licenses.
(a) An application for a City dog license may be filed with the Animal Control Division, or with any authorized City agency or department, or with a nonprofit organization authorized by the City to issue a dog license, by a person who presents a valid Michigan driver's license or a valid Michigan identification card.
(b) The application for a dog license shall state:
(1) The full name of the owner of the dog;
(2) The age, breed, color, markings, name, and sex of the dog; and
(3) The name and address of the last previous owner of the dog, if applicable.
(c) The application for a dog license shall be accompanied by a valid certificate of a current vaccination for rabies, with a vaccine licensed by the United States Department of Agriculture, and signed by a licensed veterinarian, for the dog being licensed. A license for a dog may only be issued without such certificate in accordance with section 6-1-7 of this Code. A license shall not be issued where the dog's current rabies vaccination will expire more than one (1) month prior to the date on which the license would expire.
(d) Where the required application for a dog license has been completed and the license fee paid, the Animal Control Division, or any authorized City agency or department or nonprofit organization authorized by the City, shall cause to be issued to an applicant an annual license to harbor, keep, or shelter a dog within the City for the term commencing at the date of the issuance of the license and expiring one (1) year from the date of the rabies vaccination.
(e) All dog licenses that are required under this article for any leader dog used by a blind person, or any other specially trained dog which provides assistance to a disabled or physically challenged person, shall be issued for the life of the dog.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-2-4. Dog license fees.
(a) The Animal Control Division, any authorized City agency or department, or any nonprofit organization authorized to issue a City dog license, shall at the time of and before issuing a dog license and for each renewal, collect from each applicant a license fee, as established by the Administrator of the Animal Control Division and approved by City Council, for each neutered or spayed dog with a surcharge to be established for each dog not neutered or spayed. When the license is issued from the Michigan Humane Society, the Anti-Cruelty Association Inc., or other nonprofit organization authorized to issue a City dog license, such organization is authorized to deduct a portion designated by the City for each license so issued to pay such organization for the administrative costs incurred, before forwarding the balance of the license fee to the Animal Control Division.
(b) License fee schedules shall be posted at all locations where City dog licenses are issued.
(c) Dog licenses for leader dogs used by a blind person, or for any other specially trained dog which provides assistance to a disabled or physically challenged person, shall be issued without any charge to the owner.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-2-5. License tags; license and tags not transferrable. Use of microchips; transfer of microchip registration.
(a) The dog license issued by the Animal Control Division shall consist of a metal tag which shall have stamped or engraved thereon the year issued, together with the words "Detroit License." Before delivery, all such metal tags delivered shall be approved by the Animal Control Division. The shape and style of such license tags shall be changed annually. License tags shall be attached to a substantial collar harness of durable material. Other than those provided for in this section, no official license tags shall be used on the collar or harness of any dog. This requirement does not prohibit the placement of private identification tags on any animal.
(b) It shall be unlawful for a person to remove the collar or harness, with the license tag attached, from any dog without consent of the owner or the party to whom the license for the dog is issued; provided, that an animal control officer may remove a collar or harness from an impounded dog for the purpose of identification, or for the safety, of the dog.
(c) A collar or harness, with license tag attached, shall be worn at all times by any dog, when such dog is on any street, highway, or public place within the City.
(d) Upon satisfactory proof that the license tag, as required in this section, has been lost, the Animal Control Division, or other agency authorized by the City to issue dog licenses, is authorized to issue a duplicate license tag upon the payment of a license replacement fee.
(e) Dog licenses or license tags issued under this section are not transferable between animals or between owners.
(f) The Animal Control Division is authorized to implant and utilize microchips to identify licensed dogs and to collect a fee for such services.
(g) Any person owning any dog which has been implanted with a microchip pursuant to this section shall transfer in writing the microchip registration with the Animal Control Division upon the barter, gift, sale, trade or other transfer of the animal.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-2-6. Dog restraint.
(a) It shall be the duty and the responsibility of the owner of any dog to keep the dog on the owner's property.
(b) It shall be unlawful for any owner to allow any dog to stray on public or private property, other than the private property of the owner, unless held properly by a leash or under restraint; provided, that police dogs accompanied by their handler while actively engaged in activities for which such dogs are trained are not subject to this prohibition.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-2-7. Treatment of stray dogs.
(a) The Animal Control Division is authorized to capture and impound any stray dog that is on public property and to return, sell, transfer, or euthanize any such animal in accordance with this chapter.
(b) It shall be the duty of all persons to immediately notify the Animal Control Division regarding any stray dog under their control and, upon request, to turn over any stray dog to the Animal Control Division. The Animal Control Division shall impound, register, and promptly notify the owner of the dog, if any, at his or her last known address.
(c) It shall be unlawful for any person to harbor, hold, or keep for reward any dog which has strayed upon the premises or property of such person, or has been picked up on a public highway or other public place unaccompanied by its owner, or has been stolen from the owner.
(d) It shall be unlawful for any person other than the owner to procure a license for any dog which has strayed upon the premises or property of such person, or has been picked up on a public highway or other public place unaccompanied by its owner, or has been stolen from the owner.
(e) The provisions of this section prohibiting the harboring, holding, or keeping and licensing a stray dog shall not apply to any nonprofit corporation that is organized for the purpose of sheltering dogs or to a legal purchaser of a dog from such organization.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-2-8--6-2-20. Reserved.
ARTICLE III. ANIMAL CONTROL SHELTER
Sec. 6-3-1. Establishment, operation, and maintenance of animal control shelter.
The City shall establish, operate, and maintain an animal control shelter which shall be located in such place as may be designated by the City. The Animal Control Shelter shall be under the supervision of the Administrator of the Animal Control Division, who shall be responsible for the assignment of qualified persons to operate such shelter in accordance with the Michigan Pet Shops, Animal Control Shelters, and Animal Protection Shelters Act, being MCL 287.331 et seq, and this chapter of the Code. The Animal Control Shelter shall have control of its operation and be maintained in the interest of the health and welfare of any animals captured or entrusted to its custody or care.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-3-2. Neutering and spaying clinic.
(a) Services of the neutering and spaying clinic at the Animal Control Shelter shall be made available to residents of the City to have their dogs and cats neutered or spayed. Priority for such services shall be given to dogs and cats owned by residents of the City who receive public assistance, or whose income consists primarily of payments derived from the Social Security Act, the Railroad Retirement Act, or the Veterans' Administration.
(b) The Administrator of the Animal Control Division shall establish a fee schedule, subject to City Council approval, for neutering and spaying that is based on an owner's ability to pay and the complexity of the surgery involved. The availability of this service shall be limited by the annual budget approved for the neutering and spaying clinic.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-3-3. Capture, impoundment, and harboring of stray animals.
(a) The Animal Control Shelter shall capture, impound, and harbor all stray animals, and all animals owned or harbored contrary to the provisions of this chapter.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-3-4. Records and reports.
(a) Whenever a dog, cat, ferret, or other animal is delivered, left, or impounded at the Animal Control Shelter, the shelter shall make a record of such receipt which includes a basic description of the animal, the date the animal was acquired by the Animal Control Shelter 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 Control Shelter.
(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 Control Shelter shall maintain written records concerning:
(1) The total number of dogs, cats, and ferrets less than six (6) months of age, the total number of dogs, cats, and ferrets six (6) 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.
In accordance with Section 9a of the Michigan Pet Shops, Animal Control Shelters, and Animal Protection Shelters Act, being MCL 287.339a, the Animal Control Shelter shall provide a copy of these statistics, annually, to the Michigan Department of Agriculture.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-3-5. Holding period for certain animals; notice to owner.
(a) A dog, cat or other animal, not including a farm or a wild animal, shall not be euthanized, sold, or transferred within four (4) days after its capture or receipt by the Animal Control Division. Where a dog or cat has a collar, license or other evidence of ownership, its owner shall be notified in writing, and the animal shall not be euthanized, sold, or transferred until seven (7) days after the date of mailing the notice by certified and regular mail to the owner. A record shall be kept of each identifiable dog, cat or other animal acquired, which indicates a basic description of the animal, the date it was acquired, and under what circumstances. The record shall also indicate the date the notice was mailed to the owner of the animal and whether the animal was returned to the owner, euthanized, sold, or transferred.
(b) This section shall not apply to animals that are sick or injured to the extent the holding period would cause undue suffering of the animal or to animals whose owners request that the Animal Control Division immediately euthanize an animal or otherwise dispose of the animal.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-3-6. Redemption and release fees.
(a) A release fee shall be required to be paid to the Animal Control Shelter by each person claiming ownership or buying any dog, cat or other animal that is in the custody of the Animal Control Shelter; provided, that an owner reclaiming his or her stray dog, on more than one (1) occasion, shall be charged an additional fee for multiple releases. All release fees shall be posted at the Animal Control Shelter.
(b) Any animal that has been confined for rabies observation, or has been confiscated by the Animal Control Division or by the Police Department and impounded as a result of alleged unlawful activity or as a result of eviction from a premises, shall not be released from the Animal Control Shelter unless the owner or person lawfully claiming such animal shall pay to the Animal Control Shelter a service charge for the care, custody and feeding of such animal for each impoundment.
(c) The fee schedule for services rendered under this section shall be posted at the Animal Control Shelter.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-3-7. Disposition upon failure to redeem; sale or transfer of live animals for research prohibited; neutering, spaying, licensing and vaccination prior to release.
(a) All animals not claimed, after being impounded, and released within four (4) or seven (7) days, as prescribed by section 6-3-5 of this Code, may be euthanized by the Animal Control Shelter.
(b) The Animal Control Shelter shall not knowingly sell or transfer any unclaimed live animal to any organization or person for the purpose of research.
(c) During such times as a neutering and spaying clinic shall exist at the Animal Control Shelter, all dogs and cats sold by the shelter shall be neutered or spayed at the shelter, before being released to the purchaser. A reasonable fee shall be charged for this service and shall be paid to the Animal Control Shelter prior to the surgical procedure taking place. The purchaser must agree in writing to any and all conditions prescribed by the clinic concerning the entire neutering or spaying process.
(d) All dogs sold by the Animal Control Shelter shall be currently licensed and vaccinated against rabies before release.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-3-8. Treatment of vicious animals or certain animals determined to be dangerous; rebuttable presumption that the dog is vicious; disposition.
(a) Whenever an animal is brought to the Animal Control Shelter for having bitten a person, and where it appears that such dog, cat, or other animal is a vicious animal, as defined in section 6-1-1 of this Code, or has been determined to be a dangerous animal pursuant to Section 6-1-8 of this Code, the Administrator of the Animal Control Division may cause such animal to be euthanized as a vicious or dangerous animal after the animal has been held a sufficient length of time to meet the requirements under this chapter for investigation and a hearing, if any, on the disposition of the animal. Any animal subject to this section shall not be euthanized until after written notification has been given to the owner of the animal.
(b) There is a rebuttable presumption that an animal is a vicious animal where the animal attacks, bites, or scratches, without provocation, any domesticated animal or any person, other than an animal on private property where the animal is kept, harbored or maintained, or an individual unlawful on the property of the animal's owner.
(c) Within ten (10) days of the date of the notification that the animal will be euthanized, the owner of such animal may request a hearing before an administrative hearing officer. The hearing shall be conducted in accordance with the rules and procedures for Detroit Health Department hearings that have been promulgated pursuant to section 2-111 of the 1997 Detroit City Charter and this chapter.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-3-9. Disposal of dead animals.
The bodies of all dead animals at the Animal Control Shelter shall be disposed of in accordance with the Michigan Bodies of Dead Animals Act, being MCL 287.651 et seq, or as directed by the Michigan Department of Agriculture, the Administrator of the Animal Control Division, or any other authorized government official.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-3-10--6-3-20. Reserved.
ARTICLE IV. PROPER TREATMENT AND TRANSPORTATION OF ANIMALS
Sec. 6-4-1. Overcrowding; failure to provide proper food, water, shelter, or sanitation.
(a) It shall be unlawful for any person to overcrowd rabbits, domestic fowl, poultry or any other animals in any crate, box, or other receptacle.
(b) It shall be unlawful for any person to fail to provide proper food, water, shelter or sanitation to rabbits, domestic fowl, poultry, or any other animal.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-4-2. Sale of baby chicks, baby rabbits, ducklings or other fowl as pets or novelties prohibited.
It shall be unlawful for any person to sell, or offer for sale, barter or give away baby chicks, baby rabbits, ducklings or other fowl as pets or novelties, whether or not dyed, colored or otherwise artificially treated. This section shall not be construed to prohibit the display or sale of natural chicks or ducklings in proper brooder facilities by hatcheries or businesses, including licensed pet shops, engaged in the selling of the same to be raised for commercial purposes.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-4-3. Locking or tying wings of fowl prohibited.
It shall be unlawful for any person to lock or tie the wings of any chicken, turkey, goose, duck or other domestic fowl for the purpose of weighing or handling or cause the same to be done by another person.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-4-4. Safe transportation of animals required.
It shall be unlawful for any person to transport an animal within the City in such a manner that would likely endanger the life or limb of any such animal.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-4-5. Segregation of animals of different kinds, sizes, and weights required for transportation.
Where animals of different kinds, sizes, or weights are transported on the streets of the City, partitions shall be erected in a transporting vehicle so that animals of separate kinds, sizes, or weights may be segregated.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-4-6. Seizure and impoundment of animals where article violated.
Where the provisions of this article have been violated, any animal control officer, police officer, sheriff, or any person authorized by the animal control division may seize and impound the animal(s).
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-4-7--6-4-10. Reserved.
ARTICLE V. PET SHOPS
DIVISION 1. GENERALLY
Sec. 6-5-1. Pet shop kennels or cages to be approved.
All animals offered for sale by a pet shop shall be confined in kennels or cages that have been approved by the Michigan Department of Agriculture and the Detroit Health Department.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-5-2. Pet shop requirements.
(a) A pet shop is required to operate in a permanent building or structure.
(b) The permanent building or structure used in the operation of a pet shop shall be provided with proper sanitary refuse receptacles and with floors that can be properly cleansed and flushed.
(c) The operator of a pet shop must conform to any rules and regulations of the Michigan Department of Agriculture and the Detroit Health Department concerning the operation of a pet shop.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-5-3. Sale of diseased, injured, maimed, or sick animals prohibited.
It shall be unlawful for any person operating a pet shop within the City to sell, or offer for sale, any diseased, injured, maimed, or sick animals.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-5-4. Injured or sick animals to be reported; care by a licensed veterinarian or others.
All diseased, injured, maimed, or sick animals must be reported immediately by the person to whom a license to operate a pet shop is issued under this article to the Detroit Health Department, and, thereafter, such animal shall be under the control of a licensed veterinarian or other person duly authorized by the Detroit Health Department until the animal is permanently cured, healed, or euthanized.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-5-5. Misrepresentations as to health or pedigree.
It shall be unlawful for any person operating a pet shop licensed under this article to misrepresent in any way the health condition or pedigree of any animal offered for sale or to refuse to issue to the purchaser a written guarantee of the health or pedigree of the animal at the time of sale where requested to do so.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-5-6. Humane treatment of animals.
(a) Every pet shop licensed under this article shall treat all animals in its care, custody or possession humanely and in accordance with ANY rules and regulations of the Detroit Health Department or of the Michigan Department of Agriculture.
(b) It shall be unlawful for a pet shop licensed under this article to fail or refuse to humanely treat any animal in its care, custody or possession. In addition to any other penalties which may be imposed for violation of this section, a pet shop may have its City license suspended, revoked, or not renewed in accordance with Chapter 30 of this Code.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-5-7. Approval of health department; agreement by applicants and licensees.
(a) Upon application, the Detroit Health Department is authorized, after determining that the establishment or place where a pet shop is conducted or intended to be conducted is a proper place, to approve the operation, or the continuing operation, of a pet shop at a specified location. An approval shall not be made until the Health Department determines by inspection that the establishment or place meets all the requirements of this article.
(b) Applications for the required approval from the Detroit Health Department shall state that the building or structure where the applicant conducts, or intends to conduct, a pet shop meets City requirements for a pet shop, shall provide all information required by the Detroit Health Department, and shall contain an agreement by which the applicant consents to the inspection of any part of the premises used in connection with operating the pet shop by the Detroit Health Department, or any person authorized by the Michigan Department of Agriculture, to ensure compliance with this Code or any rule and regulation of the Michigan Department of Agriculture or the Detroit Health Department, which governs the operation of a pet shop.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-5-8--6-5-20. Reserved.
DIVISION 2. LICENSE
Sec. 6-5-21. License required.
(a) It shall be unlawful for any person to operate, or cause to be operated, any pet shop within the City without first having obtained a license from the City of Detroit.
(b) A pet shop license shall be renewed annually in accordance with the provisions of Chapter 30 of this Code.
Sec. 6-5-22. Application; information required. Action upon application.
(a) At the time of application or renewal, every person who desires to obtain a pet shop license that is required by this division shall file a written application with the City Business License Center on a form that is provided by the City. In addition to the other required information, the applicant shall provide:
(1) The complete name and address, and age, of the applicant;
(2) Where the applicant is a corporation:
a. The complete and accurate corporate name;
b. When and where such corporation was incorporated;
c. The complete names and addresses of officers, directors, managers, and other persons with authority to bind the corporation; and
d. The complete name and address of the resident agent.
(3) Where the applicant is a partnership, the complete names and addresses of the partners;
(4) Where the applicant conducts business under a trade or assumed name:
a. The complete and full trade name; and
b. The complete name(s) of the person(s) doing business
(5) That the applicant or the officers, directors, managers, and other persons with authority to bind the corporation, or the partners are at least eighteen (18) years of age;
(6) That the applicant or the officers, directors, managers, and other persons with authority to bind the corporation, or the partners have not been convicted either of any violation of the provisions of this division for a period of two (2) years prior to the application, or of any felony offense;
(7) The complete names and addresses of all parties that have a financial interest in the pet shop;
(8) Where applicable, the complete name and address of the owner of the premises where the pet shop is located; and
(9) The location of the proposed pet shop.
(b) Upon receipt of an application for a pet shop license, the Business License Center shall take action in accordance with Chapter 30 of this Code.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-5-23. Application and license fee.
(a) A non-refundable fee shall be charged for the processing and issuance of a license under this division. In accordance with Chapter 30 of this Code, this fee shall be established based upon the cost of issuance and administration of the licensing regulations, and shall be approved by the City Council. The fee shall be posted on a schedule at the Business License Center.
(b) A fee shall be charged each new applicant and any current licensee who seeks to open any new pet shop.
(c) Upon the expiration of a current license, each licensee shall pay the annual fee for a license renewal.
(d) Upon payment of the fee and receipt of required approvals from the Buildings and Safety Engineering Department, the Fire Department, the Finance Department, the Detroit Health Department and the Police Department, an annual City license shall be issued to applicant.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-5-24. Requirements for issuance of city license to operate a pet shop.
Before the City shall issue a pet shop license, the applicant shall furnish to the issuing department:
(1) An approval from the Detroit Health Department, stating that the building or structure where the applicant operates, or intends to operate a pet shop, meets all of the requirements for a pet shop contained in sections 6-5-1 and 6-5-2 of this Code; and
(2) Proof of the issuance of a license from the Michigan Department of Agriculture to the applicant to operate a pet shop at the location.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-5-25. Additional inspection and approval of premises; structural and fire safety requirements.
(a) Upon application and before any pet shop license shall be issued or renewed, the application shall be referred to the appropriate divisions of the Buildings and Safety Engineering Department and to the Detroit Fire Marshal, who each shall cause an inspection to be made of the premises of the pet shop.
(b) Upon full compliance with all pertinent laws, rules and regulations of the Buildings and Safety Engineering Department, the Detroit Health Department, and the Fire Department, including the following requirements, such departments shall certify that the applicant is approved to be licensed:
(1) Building, electrical, mechanical, plumbing, and property maintenance codes. The premises of the licensed establishment shall be in compliance with the Michigan Building Code, the Michigan Electrical Code, the Michigan Mechanical Code, the Michigan Plumbing Code, and with the Detroit Property Maintenance Code; and
(2) Fire protection and safety. The premises of the licensed establishment shall meet the requirements and limitations of the Detroit Fire Prevention Code, being Chapter 19, Article I, of this Code.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-5-26. Investigation required.
(a) Upon application and before any license required by this division shall be issued or renewed, the issuing department shall refer such application to the City Finance Director who shall cause an investigation to be completed to determine whether any property tax, income tax, and/or special assessments are unpaid, outstanding and/or delinquent.
(b) A pet shop license shall not be issued or renewed by the City until the Finance Director has given his or her written confirmation that the applicant is not in arrears for taxes, or assessments, which are delineated in subsection (a) of this section.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-5-27. License posting required; non-transferable.
(a) Upon issuance by the Business License Center and after receipt by the applicant, a pet shop license shall be posted at all times by the licensee inside the licensed premises in a conspicuous location near the entrance.
(b) All pet shop licenses that are issued under this division shall not be transferable.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-5-28. Expiration and renewal dates.
(a) All pet shop licenses that are issued pursuant to this division shall expire on April 30th of each year.
(b) All applications for renewal of a pet shop license shall be filed before May 1st of each year.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-5-29. License suspension, revocation, or denial of renewal.
A license that is issued under this division may be suspended, revoked, or denied renewal in accordance with Chapter 30 of this Code.
(Ord. No. 04-04, § 1, 1-30-04)
Sec. 6-5-30. Reserved.
East Lansing, Michigan
Code of Ordinances City of East Lansing Michigan
Chapter 4 ANIMALS*
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*Cross references: Environment, ch. 14.
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Sec. 4-1. Cruelty to animals.
Sec. 4-2. Poisoning animals.
Sec. 4-3. Birds and birds' nests.
Sec. 4-4. Keeping domestic animals and fowl.
Sec. 4-5. Removal of dog droppings.
Sec. 4-6. Penalty; citations.
Sec. 4-1. Cruelty to animals.
No person shall cruelly treat or abuse any animal or bird.
(Code 1994, ch. 107, § 9.91)
Sec. 4-2. Poisoning animals.
No person shall throw or deposit any poisonous substance on any exposed public or private place where it endangers, or is likely to endanger, any animal or bird.
(Code 1994, ch. 107, § 9.92)
Sec. 4-3. Birds and birds' nests.
No person, except a police officer acting in his/her official capacity, shall molest, injure, kill, or capture any wild bird, or molest or disturb any wild bird's nest or the contents thereof.
(Code 1994, ch. 107, § 9.93)
Sec. 4-4. Keeping domestic animals and fowl.
No person shall keep or house any animal, bird, or reptile within the city except dogs, cats, canaries, or other animals which are commonly kept and housed inside dwellings as household pets, and in all cases with regard to dogs or cats no person or persons shall keep or house more than four dogs or four cats or a combination making a total of four of both within any dwelling within the city. No dog shall be kept, restrained, confined, or housed in the front yard unless attended by a person who is present in the front yard of any single-family or two-family residence. Horses may be kept for private use in those areas of the city zoned agricultural.
(Code 1994, ch. 107, § 9.94)
Sec. 4-5. Removal of dog droppings.
No person owning, harboring, keeping, or in charge of any dog shall cause, suffer, or allow such dog to soil, defile, defecate, or to commit any nuisance on any public thoroughfare, sidewalk, passageway, bypass, play area, park, or any place where people congregate or walk, or upon any public property whatsoever, or upon any private property without permission of the owner of said property unless:
(1) The person who so owns, harbors, keeps, or is in charge of such dog shall immediately remove all droppings deposited by such dog by a sanitary method. The person shall possess a container of sufficient size to collect and remove above-mentioned dog droppings and exhibit the container, if requested by any official empowered to enforce this section.
(2) The droppings removed from the aforementioned areas shall be disposed of by the person owning, harboring, keeping, or in charge of such dog in a sanitary method on the property of the person owning, harboring or in charge of said dog.
(Code 1994, ch. 107, § 9.95)
Sec. 4-6. Penalty; citations.
(a) Any person found responsible for a violation of this chapter shall be responsible for a municipal civil infraction as defined by MCL 600.113, punishable by a civil fine of not less than $25.00 for the first offense, $50.00 for the second offense or $250.00 for a third or subsequent offense, plus costs, damages, expenses, and further orders as provided by section 1-13 of this Code.
(b) Cases commenced under this chapter shall, to the extent applicable be commenced by the issuance of a citation to the alleged violator as in the manner provided by MCL 600.8707 and shall contain the information required and be processed under the provisions of MCL 600.8709 and MCL 600.8711. Limited duty parking and property maintenance officers appointed by the city manager and assigned to enforcement of the provisions of this chapter under the supervision of the chief of police shall be authorized to issue and serve appearance tickets with respect to any violation of this chapter.
(Code 1994, ch. 107, § 9.96)
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