DOG LAW ENFORCEMENT ORDINANCE
COUNTY OF CASS, MICHIGAN
An Ordinance relating to and providing
for animal control within the boundaries of Cass County; providing for the
employment of a County Animal Control Director and describing the duties,
authority and responsibilities of that office; prescribing the licensing and
vaccination of dogs and the confinement of animals under certain circumstances;
authorizing the establishment of a County Animal Shelter for the impoundment of
dogs and other animals and their redemption; permitting the seizing and
euthanizing of dogs and other animals; providing special controls or penalties
for keeping vicious animals; authorizing a dog census to be made of dogs;
enumerating certain violations and penalties thereof; prescribing the County
Treasurer’s duties with regard to licensing; authorizing certain fees and
expenses and the receipt and disbursement of funds; and repealing other
ordinances inconsistent herewith.
THE PEOPLE OF THE COUNTY OF CASS, STATE
OF MICHIGAN DO HEREBY ORDAIN THE 2006 REVISED ANIMAL CONTOL ORDINANCE.
1. The County of Cass deems that the ownership of an animal
carries with it responsibilities to the County and its residents with regard to
care and control of such animals. In interpretation
and application, the provisions of this Ordinance shall be construed to impose
a primary responsibility for compliance therewith on the owner of such
animal. The County of Cass concludes it
advisable to adopt a revised Dog Law Enforcement Ordinance in the interest of
protecting public health and safety, promoting the welfare of animals within
Cass County and providing for the orderly and uniform administration of the
provisions of Act 339 of the Public Acts of 1919, as amended. The Board of Commissioners finds that the
presence of vicious animals, as defined herein, within Cass County creates an
increased danger to public health and safety and to the welfare of other
Section 1. DEFINITIONS.
For the purpose of this section, the
following definitions shall apply unless the context clearly indicates or
requires a different meaning.
Any person assigned the responsibility for the care of an animal by its
living creature, domestic or wild, including livestock, poultry, pet rodents,
pet birds and vermin.
CONTROL DEPARTMENT. Cass County Animal Control.
CONTROL DIRECTOR. The person
recommended by the Sheriff and appointed by the Board of Commissioners to oversee
the daily operation of the Animal Control Department.
ANIMAL CONTROL OFFICER. Any person employed by the County and sworn
by the Sheriff, for the purpose of enforcing this ordinance or state statutes
pertaining to dogs, as well as persons or deputies employed by the County to
act in the Animal Control Department.
DEALER. Any person engaging in the business
of buying and/or selling any animal or animals for the purpose of resale to pet
shops, research facilities, another animal dealer, including the sale of any
animal from any roadside stand, booth, flea market or other temporary site.
Persons buying or selling animals fit and destined for human consumption and
persons involved in the sale of an occasional litter or animal on a random basis
are not included in this definition.
SHELTER. Any premises designated and/or
operated by the County of Cass for the purpose of impounding and caring for
animals held under authority of this Ordinance.
RABIES VACCINE. Any vaccine approved as
effective by the United States Department of Agriculture (USDA) for protecting
an animal from contracting rabies.
An unprovoked attack in an aggressive manner that bites causing a
scratch, puncture, abrasion or bruising of the skin of a human or causes
death or injuries to a domestic animal requiring veterinary treatment.
OF COMMISSIONERS. Legislative body of the County of Cass.
KENNEL. Any establishment where dogs or
puppies, are kept for the purpose of boarding for remuneration for any part of
a 24-hour period. This includes veterinary hospitals and clinics
or grooming shops that advertise boarding services other than for grooming, for
treatment, diagnostic, or recuperative purposes.
CAT. Any domestic feline four months of age or older.
A variety show, which features animal acts. A
circus shall not include dog and cat shows sponsored and/or sanctioned by the
American Kennel Club, the United States Kennel Club, the American Cat Fanciers
Association, the Cat Fanciers Association or any affiliate thereof, nor shall
it include any primary horse show.
CLASS A KENNEL. An establishment
where dogs and/or puppies are kept for the primary purpose of breeding,
trading, showing or sporting and the facility is so constructed that the dogs
or puppies cannot stray there from or come in accidental contact with the
public or other stray animals. Class A Kennels
are required to have proof of rabies vaccination and licensure on file for all
animals covered under the license. The Class A Kennel license shall apply to a
minimum of three (3) and up to ten (10) dogs and shall require an additional
Class A Kennel license for each increment of up to ten (10) dogs. Fees for the kennel inspection and kennel
license are set by resolution of the Board of Commissioners. This kennel license does not include those
facilities required under State law to be registered as an animal protection
agency pursuant to MCLA 287.331.
CLASS B KENNEL. Any
establishment where dogs or puppies are kept for the primary purpose of
boarding. Class B Kennels are required to have proof of rabies
vaccination and licensure on file for all boarded animals on premises. Fees for the kennel inspection and kennel
license are set by resolution of the Board of Commissioners. This kennel license does not include those
facilities required under State law to be registered as an animal protection
agency pursuant to MCLA 287.331.
CRUELTY. Failing to provide adequate food, water and
shelter; failing to detect the need for or withholding veterinary care;
creating or allowing unhealthful living conditions; infliction of pain, injury,
or death to an animal by striking, beating, dropping, kicking, dragging,
choking, or by the use of an object or weapon; causing pain, injury, or death
by means of caustic, flammable, boiling, or heated substances; causing
suffering, injury, or death by suffocation or drowning; failure to provide
ANIMAL. Any warm-blooded mammal which is
known to carry or be susceptible to the rabies virus and which cannot be
effectively vaccinated against that virus with any vaccine approved by the
United States Department of Agriculture (USDA). A dangerous animal
includes any hybrid animal or any pet wildlife which has attacked a human or
which is apprehended or observed unrestrained.
For purposes in Article XVII of this
Ordinance, “Dangerous animal” also means a dog or other animal 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
dangerous animal does not include any of the following:
(1) An animal that bites
or attacks a person who is knowingly trespassing on the property of the
(2) An animal that bites
or attacks a person who provokes or torments the animal.
(3) An animal that is responding
in a manner that an ordinary and reasonable person would conclude was designed
to protect a person if that person is engaged in a lawful activity or is the
subject of an assault.
DOG. Any dog, which, when unprovoked, in
an aggressive manner commits a severe attack on any person or another animal.
DOG. Any domestic canine four months of age or older.
DOGHOUSE. A doghouse shall be constructed of
suitable material to protect the animal from weather and shall be made of four
sides, a roof and floor. The size of the
house shall be commensurate to the size of the dog, allowing for the animal to
stand, sit and turn around without touching the sides or the roof. The house shall be sufficiently insulated in
the winter (or when the temperature drops or is predicted to drop to freezing)
to protect the animal from cold.
Any animal whose physiology has been determined or manipulated through
selective breeding and does not occur naturally in the wild, and any animal,
which may be vaccinated against rabies with an approved rabies vaccine, and any
animal, which has an established rabies quarantine observation period.
UNIT. Either a single room or two or more
connected rooms sold or leased as a unit and intended for occupancy by one or
more persons, and which at a minimum contains sleeping, toilet and bathing
facilities which are accessed independently from any similar such facilities in
the same building. This term includes hotel or motel rooms, extended stay
lodging facilities, nursing home rooms and assisted living units.
ENCLOSURES FOR DOGS AND PUPPIES.
(a) Enclosures for dogs and puppies shall be a fence or structure of
sufficient height and construction to prevent the animal from leaving the
owner's property. The fence or structure must be in good repair and fit
to ground level or a fabricated structure that prevents the animal from digging
out. Gates and doors must fit properly and must be locked or secured by a
latch that prevents the animal from opening the gate or door.
(b) Property enclosed by a buried wire which produces a signal
received by a device attached to a collar worn by the dog or puppy which
prevents the animal from leaving the property of the owner will be considered a
proper enclosure, provided the device and signal are working and the animal
does not leave the property unrestrained. Such property must be clearly
marked with a sign prescribed by the Animal Control Department, posted next to
the driveway or entry to the property. The enclosure must contain proper
shelter from the weather. This type of enclosure is not acceptable for a
female in heat.
ENCLOSURES FOR POTENTIALLY DANGEROUS DOGS AND DANGEROUS DOGS.
Enclosures for potentially dangerous dogs and dangerous dogs shall be an
uncovered fence or structure at least seven feet in height, installed beneath
ground level or in concrete or pavement, or a fabricated structure, to prevent
digging under it, and with a gravel or concrete floor, sufficient in size to
allow the dog to stand, sit, and turn around in a natural position, and which
allows for an adequate exercise area for the size/breed being kept.
Either enclosure shall be designed to prevent the entry of children or
unauthorized persons or animals and to prevent those persons from extending
appendages inside the enclosure. The enclosure must contain proper
shelter from the weather. A “DANGEROUS DOG” sign prescribed by the
Animal Control Department must be posted at the entry to the property.
SPECIES. Any animal whose natural habitat is
outside the continental United States excluding non-venomous reptiles and fish.
Fees are monetary amounts set by resolution of the Board of
Commissioners for licenses and other activities of the Animal Control
Department and Shelter wherein a monetary amount may be charged.
FOSTER DOG. A dog that has come from an organization such as an
animal shelter, humane society, animal protection shelter or other such
facility for the purpose of being temporarily housed in a residence or dwelling
unit until a permanent placement can be found for the dog. Any foster dog four months of age or older
must be licensed pursuant to the provisions of Article IV of this
Ordinance. The limit of foster dogs may
be controlled by township, city or village ordinance and is subject to Article
IV Section 4.1(B).
SOCIETY. Any organization
existing for the purpose of the prevention of cruelty to animals and
incorporated under the laws of the State of Michigan and registered with the
Department of Agriculture.
IDENTIFICATION. For purposes of this ordinance, identification is a
current license tag or a microchip.
Any domestic feline younger than four months of age.
For purposes of this Ordinance, a license is a metal tag
provided by the County Treasurer and meeting the requirements of State Statute
for the purpose of identifying an owner’s animal.
FACILITY. Any facility and/or business
operation or person designated by the County Treasurer pursuant to Article V of
this ordinance to issue licenses required by this ordinance and/or provide
Horses, stallions, colts, geldings, mares, fillies, ponies, sheep,
rams, lambs, llama, alpaca, buffalo, bulls, bullocks, steers, heifers, cows,
calves and other exotic beef breeds, mules, jacks, jennets, burros, goats,
kids, swine and confined and domesticated hares and rabbits.
LAW ENFORCEMENT OFFICER. Means any person
employed or elected by the People of the State of Michigan, or by the County or
any municipality of the County or Township, whose duty it is to preserve law
enforcement or to make arrest or to enforce the law and includes game, fish and
forest fire wardens and members of the state law enforcement and conservation
A passive transponder which can be implanted in an animal and which is a
component of a radio frequency identification (RFID)
system. Such system must be compatible with a scanner used by the Animal
SALE. Any sale of a single animal or a
single litter of puppies, or otherwise which is on a random, unsystematic basis
and does not exceed the sale of one animal or one litter over a 12-month
A person who owns (with proof acceptable to an animal
control or law enforcement officer) or harbors a dog or other animal.
An individual, partnership, association, company,
firm, business or corporation.
BIRDS. Any tamed or domesticated bird kept
caged or indoors.
Hamsters, gerbils, mice or similar rodents which are kept as
domesticated or tamed animals and which are kept caged or within doors at all
Any person engaged in the business of breeding, buying, selling at
retail or as a broker of animals of any species for profit-making purposes.
(1) Any dog
which, when unprovoked, bites, punctures, scratches, or bruises any person.
unrestrained dog which, when unprovoked, bites, punctures, injures, or kills
another domestic animal while that animal is restrained in compliance with this
POULTRY. All domesticated
fowl and all game birds, which are legally kept in captivity.
NUISANCE means any dog that barks, whines or howls in an excessive,
Any domestic canine younger than four months of age.
QUARANTINE. Humane confinement of an animal in a secure enclosure which
enclosure prevents the animal from coming into unplanned contact with any other
animal or human being.
HOURS. The normal business
hours of any establishment or business regulated by this chapter.
RESIDENCE. Commonly known as a
home, trailer, dwelling unit or house that is occupied by one or more persons
and is sanctioned by a governmental agency as being suitable for occupancy.
RESIDING. The act of living
in or occupying a residence or dwelling unit.
RESPONSIBLE PERSON. For purposes of
this Ordinance, a responsible person shall be a person charged with or who has
assumed control of a dog or puppy that is off the premises of its owner.
puppies and dogs, RESTRAINT shall mean on the premises of the
owner or confined in an enclosure as previously defined,
or accompanied by the owner on the owner's property and under his/her direct
control. If off the premises of the owner, the animal must be restrained
by a lead or leash and under the control of a responsible person, or
accompanied by a responsible person into an enclosed "off-leash" area
designated by the State of Michigan or the County of Cass and in conformance
with all regulations and/or requirements imposed as a condition of utilizing
such "off-leash" area by such Department of Parks, or its designee.
(a) It is prohibited to exclusively restrain a dog or puppy by a fixed-point
chain or tether. A fixed-point restraint may be used temporarily but not to
exceed ten (10) hours in a twenty-four (24) hour period.
(b) A dog may be exclusively restrained by a chain or tether
provided that it is at least ten (10) feet in length and attached to a pulley
or trolley mounted on a cable, which is also at least ten (10) feet in length
and mounted no more than seven (7) feet above ground level and provided the
animal has access to a proper doghouse.
(c) Any tethering system employed shall not allow the dog or puppy
to leave the owner's property.
(d) No chain or tether shall weigh more than 1/8 of the dog or
puppy's body weight.
(e) Any chain or tether shall be at least ten (10) feet in length
and have swivels on both ends.
(f) Any chain or tether must be attached to a properly fitting
collar or harness worn by the animal.
SERIOUS INJURY. Serious injury means permanent,
serious disfigurement, serious impairment of health, or serious impairment of a
bodily function of a person.
ATTACK. An unprovoked attack in an aggressive manner upon
a human or animal in which the victim suffered a bite(s), slashing or clawing
or was shaken violently, or which caused serious trauma or death.
term “Shelter” shall be used to designate the Cass County Animal Shelter and
this term shall be used throughout this ordinance instead of the proper name
Cass County Animal Shelter.
SINGULAR WORD. A singular word
shall include the plural. Masculine
shall include the feminine and neuter.
EXHIBITION. Any exhibition
or act featuring performing animals. Such exhibitions shall not include
dog and cat shows which are sponsored and/or sanctioned by the American Kennel
Club, the United States Kennel Club, the Cat Fanciers Association, American Cat
Fanciers Association or any affiliate thereof nor shall it include any primary
UNFIT FOR PURCHASE.
Any disease, deformity, injury, physical
condition, illness or any defect which is congenital or hereditary and which
would adversely affect the health of the animal, or which was manifest, capable
of diagnosis or likely to have been contracted on or before the sale and
delivery of the animal. For purposes of this ordinance, veterinary findings of
internal and external parasites shall not be grounds for declaring the animal
unfit for purchase unless the animal is clinically ill due to such
condition. An animal shall not be found unfit for purchase on account of
injury sustained or illness contracted subsequent to the consumer's taking
The injection by a veterinarian or other qualified
persons of vaccines approved by the Unites States Department of Agriculture.
A licensed and accredited practitioner of veterinary
HOSPITAL. Any establishment maintained and
operated by a licensed veterinarian on the premises for the diagnosis and
treatment of diseases and injury to animals and/or for the hospitalization of
animals for diagnostic or recuperative purposes.
VICIOUS ANIMAL. Any animal:
which has previously attacked or bitten
a human being or other domestic animal other than under justifiable circumstances;
which has behaved in such a manner that
the owner thereof knows or should reasonably know that the animal is possessed
of tendencies to attack or bite human beings or other domestic animals other
than under the type of circumstances that would be justifiable.
The circumstances that would be justifiable in
subsections 1 and 2 above are those set forth in Section 1(a)(I-iv) of 1988 PA
426, being MCLA287.321;MSA 12.545(21).
WILD ANIMALS. Any animal which is not typically
domesticated or found on farms or in residential homes, but which are typically
found in the wild, zoos, circuses, wildlife sanctuaries or nature
preserves. This definition includes, but
is not limited to, such animals as primates, elephants, rhinoceroses, camels,
all members of the Felidae family including, but not
limited to, lions, tigers, leopards, panthers, cheetahs, cougars, jaguars,
lynx, mountain lions, puma, bobcat, ocelot, and servals or any other species of
non-domesticated cat, badgers, bears, beavers, coyotes, coyote hybrids, wolves,
wolf hybrids, crows, deer, antelope, elk, mink, moose, muskrat, fox, fox
hybrids, opossums, otters, ostriches, emu, wild rabbits, raccoon, skunks,
venomous snakes, squirrels, wild turkey, crocodiles, alligators, seals, sharks
Any animal, which occurs naturally in a wild state.
This includes any animal which is a hybrid of wildlife.
GARDEN. Any park or zoo operated by other
than a governmental agency or foundation.
ANIMAL CONTROL DIRECTOR
Section 3.1 OFFICE
OF ANIMAL CONTROL DIRECTOR. An Animal Control Director shall be appointed
by the Board of Commissioners, upon recommendation of the Sheriff and the
County Administrator, for such term or terms as they designate and shall serve at
the pleasure of the Board. An Animal
Control Director shall meet minimum standards set by the Board of Commissioners
and shall be properly deputized as a law enforcement officer by the County
Sheriff for the purposes of this ordinance and shall be legally authorized to
have the power to issue notice of violations and/or misdemeanor citations to
any person in violation of the provisions of this ordinance.
Section 3.2 COMPENSATION. The Animal Control Director shall be paid a
salary as set by the Board of Commissioners in lieu of all fees and other
remuneration under the statutes of this State.
Section 3.3 DUTIES.
The Animal Control Director shall fulfill the duties as set out in the
Position Description adopted by the Board of Commissioners.
Section 3.3(1) CENSUS.
The Board of Commissioners shall, by resolution, cause a dog census to
be made in the County.
(a) The Animal Control Director shall hire
census takers to conduct the dog count.
The dog count shall be taken beginning March 1 and completed before June
1, or such other time as specified by the Board.
(b) The Animal Control Director shall cause
all census takers to be sworn as deputy animal control officers by the County
Sheriff; the Animal Control Director shall have the power to dismiss census
takers for failure to carry out duties prescribed by the Animal Control
(c) The census takers shall canvass each
residence in the county, and upon finding an unlicensed dog, the census taker
shall issue a notice of violation to the owner, possessor, or person harboring
such dog under this ordinance to appear at the Animal Shelter to answer said
notice of violation. A person, firm or
corporation, failing to appear at the Animal Shelter within the appropriate
time limits or failing to pay the fee connected to the notice of violation
shall be issued a Uniform Citation to appear in District Court or such other
court of the County. A person convicted of violating any of the provisions of
this section shall, upon being found guilty, be punished as hereinafter set
forth in Article XX.
DOG LICENSE, KENNEL LICENSE, LOSS OF LICENSE, TAG REMOVAL, NON- RESIDENTS
TRANSFERABILITY, AND VACCINATIONS
Section 4.1 DOG
LICENSES. LIMITATION. FIXATION OF TAGS.
(A) Effective upon passage of this ordinance and from
that day forward, every owner of a dog four (4) months of age or older who
resides or whose dog resides in Cass County and who is regulated by this
Ordinance shall apply to the County Treasurer or license facility designated by
the County Treasurer, for a dog license. Individual dog licenses shall be
issued in conjunction with a valid rabies vaccination certificate and shall be
valid for one calendar year from January to December and must be renewed annually,
unless said period is changed in conjunction with applicable State
Statutes. Licenses and rabies vaccinations shall be required for each dog
four months of age or older. Animals
kept temporarily (not in excess of 30 days unless granted an extension by the
Animal Control Department) for the purpose of breeding or showing shall not
require an individual dog license provided the owner has proof of a current
rabies vaccination. Application for such
license shall be made in accordance with the applicable laws of the State of
Michigan and shall be accompanied by proof of vaccination of the dog for
(B) The limit of individual licensed
dogs in any residence in Cass County is no more than five (5) dogs four months
of age or older. Should the individual
occupying a residence or dwelling unit wish to license more than five (5) dogs,
they must apply to the Department for an inspection.
(C) License tags shall be firmly attached to a
harness or collar worn by every dog. If
the license is not attached to the collar, then the dog must be micro-chipped.
(D) Fees for dog licenses and inspections shall be
established by resolution of the Board of Commissioners.
4.2 KENNEL LICENSE. FIXATION OF TAGS. (A) Any person who keeps or operates
a kennel may, in lieu of individual licenses required under this ordinance and
under the laws of the State of Michigan, apply to the Animal Control Department
for a kennel license allowing him/her to keep or operate such kennel in
accordance with the applicable laws of the State of Michigan provided however
that the kennel facility is not required under State law to be registered as an
animal protection agency, pursuant to MCLA 287.331.
(B) All kennels must be inspected and approved in writing under rules
promulgated by the Animal Control Department annually on or before March 1 of
each year hereafter. Each new request
for a kennel license shall be accompanied by a written statement of approval
directed to the Animal Control Director, from the zoning board or planning
commission of the village, township or city in which the kennel shall be
located, or, if no such board or commission exists, by the village council,
township board or city council in which the kennel shall be located.
(C) Kennel license tags shall be firmly attached to a harness or collar
worn by every animal specified to be in the kennel. If the license is not attached to the collar,
then the dog must be micro-chipped.
(D) Fees for kennel inspections and kennel licenses shall be established
by resolution of the Board of Commissioners.
Section 4.3 LOSS OF
LICENSE TAG. If any dog tag is
lost, it shall be replaced without cost by the county treasurer, upon
application by the owner of the dog, and upon sworn statement of the fact
regarding the loss of such tag.
Section 4.4 TAG
shall be unlawful for any person except the owner or authorized agent to remove
any license tag from a dog.
Section 4.5 TRANSFERABILITY. No license or license tag issued for one dog
shall be transferable to another dog.
Section 4.6 NON-APPLICABILITY TO NON-RESIDENTS. Sections 4.1 through 4.2
requiring a license shall not apply to non-residents of Cass County who are
keeping or harboring domestic pets, provided that animals of such owners shall
not be kept in Cass County longer than 30 days and that the animals shall be
kept under restraint. No non-resident shall, however, keep any dog in
Cass County over the age of four months that has not been vaccinated against
rabies with an approved rabies vaccine.
4.7 VACCINATIONS; RABIES INFORMATION. (A) Every owner of a dog four months of age or older
shall have it vaccinated against rabies. Any owner of a dog reaching four months
of age shall have such animal vaccinated by the thirtieth day after the date
the dog attained this age. Such vaccination shall be in accordance with the
vaccination requirements prescribed by the Michigan Department of Agriculture,
Board of Veterinary Medicine or Michigan Department of Health. Rabies
vaccination must be performed by a licensed, accredited veterinarian.
(B) The veterinarian
administering the vaccination shall issue to the dog owner a vaccination
certificate on a form prescribed by the Michigan Department of Agriculture. The
vaccination certificate shall be prepared and issued in triplicate. Each
vaccination certificate shall bear the name and address of the issuing party, a
serial tag number, an expiration date, the name of the animal and a brief
description of the animal vaccinated. The veterinarian or qualified
person shall also furnish each owner with a metal tag bearing serial tag number
and the name of the veterinary facility issuing it.
COUNTY TREASURER’S RECORDS AND DUTIES
5.1 LICENSE FACILITY. The county treasurer shall provide the city treasurer,
each township treasurer and any other license facility deemed appropriate, with
license applications and/or tags on or before December 1st of each
Section 5.2 RECORDS. (A) The county treasurer shall keep a record of all dog
licenses, and all kennel licenses, issued during the year in each city and
township in the county. Such records
shall contain the name and address of the person to whom each license is
issued. In the case of an individual
license, the record shall also state the breed, sex, age, color and markings of
the dog licensed; and in case of a kennel license, it shall state where the
business is conducted. The record shall
be a public record and open to inspection during business hours. He/She shall also
keep an accurate record of all license fees collected by him/her or paid over
to him/her by any city, township treasurer or other license facility.
(B) In all prosecutions for violation
of the ordinance, the records of the county treasurer’s office showing the name
of the owner and the license number to whom any license was issued and the
license tag affixed to the collar or harness of the dog showing a corresponding
number shall be prima facie evidence of ownership or non-ownership of any dog
and of issuance or non-issuance of a dog license or tag.
township or city treasurer in the County shall, before December 1 of each year,
make application to the county treasurer for the necessary license blanks and
tags for the ensuing year and after receipting therefore, may issue dog
licenses and tags in a likely manner, and upon like application as prescribed
for the issuing of license by the treasurer.
Each township or city treasurer shall not later than March 1st
of each year return to the county treasurer all unused tags together with the
book or books from which he/she has issued dog licenses, with the stubs therein
contained properly filled out, and showing the names of each license and the
number of each license issued to him/her and a full description of each dog
licensed by him/her. He/She
shall also on or before March 1st of each year pay over all monies
received by him/her for issuing licenses for a fee, set by the Board of Commissioners,
will be paid to townships, cities and villages for issuing and recording the
same. Any city may, by resolution of its
legislative body, provide that its clerk shall perform the duties by this act
imposed on its treasurer. Upon the
adoption of such a resolution the treasurer of such city shall not be required
to issue licenses under this act but the clerk of such city shall thereupon
perform in like manner and under like terms and conditions and with the like
compensation, all of the duties imposed upon the city treasurer by this act.
Section 5.4 Upon application and proof of immunization as provided
above, the various township treasurers or the county treasurer shall issue a
dog license and tag to the applicant. If such application is made between November 1st, and
the last day of February, the fee shall be as provided for by the Board of
Commissioners. Any dog required
to be licensed after the normal November 1st to the end of February
licensing period, shall be licensed within thirty (30) days and the fee shall
be as provided for by the Board of Commissioners. Beginning March 1st of each year,
the County Treasurer shall issue, upon application and proof of immunization, a
delinquent dog license and tag to the applicant. A delinquent fee set by the Board of
Commissioners in addition to the normal licensing fee, will be charged for any
dog which should have been licensed before the last day of February, or which
was not licensed within thirty (30) days if said dog was not required to be licensed
during the regular November 1st to the last day of February
licensing period. The dog license shall
be purchased in the County of Cass, Michigan.
RESTRAINT, CONFINEMENT OF A DOG IN HEAT, OWNER TO CONTROL DOGS, NUISANCES
PROHIBITED, SANITARY DISPOSAL OF DOG FECES REQUIRED, RESIDENCY OF OWNER
Section 6.1 RESTRAINT
All dogs shall be kept under restraint
at all times, as defined in this ordinance, except as otherwise provided
herein, and any deviation or violation thereof is strictly prohibited.
Section 6.2 CONFINEMENT OF DOG IN HEAT.
Every female dog in heat shall be
confined in a building or secure enclosure in such manner that such female dog
cannot come into contact with another dog except for a planned breeding.
Section 6.3 OWNER TO CONTROL DOGS; NUISANCES PROHIBITED.
No owner shall fail to exercise proper
care and control of his or her dogs so as to prevent the following actions:
excessive or continuous barking, yelping, or howling rising to the level of a public
nuisance, molesting of passersby, chasing of vehicles, attacking domestic
animals, trespassing upon school grounds or private property, or damaging
property of any nature.
Section 6.4 SANITARY DISPOSAL OF DOG FECES REQUIRED.
(A) It shall be unlawful for any
owner or person in charge of a dog, to permit such animal to be on any private
property other than that of the owner or person in charge or control of such
animal without the permission of the owner of said property, or on any streets,
sidewalks, highways, school grounds, parks or other public property, or
rights-of-way of the County other than duly designated bridle paths, without
the owner or person in charge of such animals to have in his or her possession,
a suitable device for the picking up, collection and proper sanitary disposal
of the animal feces.
(B) It shall be unlawful for the
owner or person in charge of a dog to permit or allow such animal to excrete
feces on any private property other than that of the owner or person in charge
or control of such animal without the permission of the owner of said property,
or on any streets, sidewalk, highways, school grounds, parks or other public
property, or rights-of-way of the County other than duly designated bridle
paths, unless the owner or person in control of such animal immediately removes
all feces deposited by such animal and disposes of same in a sanitary manner.
This section shall not apply to blind
or visually impaired persons accompanied by a "seeing eye" or other
certified assistance dog used for assistance of impaired individuals.
Section 6.5 LIVING
ON PROPERTY. It shall be unlawful for the owner of a dog to permit
said animal to be restrained on property where no responsible person is
residing. The exception to this section
is when a dog is being used as a guard dog at a facility that is occupied
during normal business hours.
IMPOUNDMENT AUTHORIZED; EUTHANASIA OF UNCLAIMED ANIMALS, ISSUANCE OF
CITATIONS, CITIZEN COMPLAINTS, NOTIFICATION, RECLAIM OF IMPOUNDED ANIMAL
Section 7.1 IMPOUNDMENT AUTHORIZED.
(A) Unrestrained domesticated animals may be taken to the Animal
Shelter and there confined in a humane manner. However, if after a
reasonable effort the seizure of any such unrestrained animal cannot be made or
should the animal present a hazard to public safety or property or have an
injury or physical condition which causes the animal to suffer, the Animal
Control Officer or law enforcement officer may immediately destroy the animal
by the most reasonable and humane means then available.
(B) Impounded dogs shall be kept
for not less than five days, unless reclaimed by their owners. If the
owner can be identified by means of a license tag or otherwise, that animal
must be held for not less than seven (7) days unless reclaimed by their
Section 7.2 EUTHANASIA OF UNCLAIMED ANIMALS.
Animals not reclaimed by their owners within
the established time periods and those not placed in suitable new homes, may be
humanely euthanized by the Animal Control Director or his/her designees.
However, if an impounded animal has an injury or physical condition, which
causes the animal to suffer, the Animal Control Director or his/her designees
may immediately humanely euthanize the animal.
Section 7.3 ISSUANCE OF CITATIONS. At the discretion of the Animal Control
Director, his/her deputies or other law enforcement officers, when a dog is
found running at large and its ownership is known to the officer, such officer
need not impound the dog, but may cite the owner of such dog as specified in
Article XI of this ordinance.
Section 7.4 CITIZEN COMPLAINTS.
Whenever a dog is running at large, and a complaint is made by a
citizen to the Animal Control Director, his/her deputies or other law
enforcement officers, such officer need not impound the dog, but may issue a
warrant request and report to the prosecutor asking that the owner appear in
court to answer charges of violation of this ordinance; provided, however, the
complainant shall be required to appear in court to testify as to the
Section 7.5 NOTIFICATION.
Immediately upon impounding a dog, the Animal Control Director shall
make every reasonable effort to notify the owner of the dog so impounded and
inform the owner of the conditions whereby he/she may regain custody of the dog
pursuant to the regulations for the operation of the Shelter.
RECLAIMING IMPOUNDED ANIMAL
OF IMPOUNDED ANIMAL. (A) A dog owner may reclaim a dog from the
Shelter by executing a statement of ownership, furnishing a license as required
by this ordinance and paying the required fees posted at the Shelter.
(B) Any dog which is impounded a second or subsequent time for
violation of restraint requirements within a 12-month period will subject the
owner to a graduated scale of reclaim fees as set forth by the Board of
CONFINEMENT OF DOGS,
CATS OR FERRETS AFTER BITING
CONFINEMENT OF OWNED
ANIMAL, QUARANTINE ORDER, IMPOUNDMENT OF NON-RABIES VACCINATED ANIMAL, DISPOSAL
OF ANIMAL NOT CLAIMED, TESTING OF SICK ANIMAL
OF OWNED ANIMAL. Any dog, cat or ferret that bites a
person or animal shall be securely confined by the owner inside some
appropriate building or enclosure for a minimum of ten (10) days following the
biting of a person or animal, provided the animal that bit has a valid rabies
vaccination. In the event the owner of
such dog or cat shall fail to securely and properly confine the animal for such
a period of time or the animal does not have a current rabies vaccination, then
the animal shall be confined in the Animal Shelter or an approved veterinarian
facility until the expiration of said ten (10) days period and satisfactory
evidence is shown that said animal is not suffering from rabies. The costs of quarantine will be the
responsibility of the owner of the animal.
Section 9.2 QUARANTINE
ORDER. All owners of
dogs, cats or ferrets that have bitten a person or animal shall sign a
Quarantine Order regarding the quarantine of their dog, cat or ferret and abide
by the rules contained therein.
OF NON-RABIES VACCINATED ANIMAL. Any dog, cat or ferret running loose
after biting some person or animal, and whose owner cannot be determined shall
be kept and confined for a period of ten (10) days at the Shelter in accordance
with the provisions of this section, and thereafter dispose of in accordance
with the provisions of this ordinance, or such regulations that are in effect
at the Shelter.
Section 9.4 TESTING
OF SICK ANIMAL. Should
a dog or cat that is under quarantine die during the ten (10) day quarantine
period or should it show signs of rabies and need to be humanely euthanized,
the animal shall be tested for the rabies virus pursuant to standards set out
by the Michigan Department of Community Health Rabies Protocol. Costs associated with the preparation and
testing of the animal shall be borne by the owner of said animal.
KILLING OF DOGS
Section 10.1 Any person may kill any dog which he/she sees
in the act of pursuing, worrying or wounding livestock or poultry or attacking
persons, and there shall be no liability on such person in damages or otherwise
for such killing. Any dog that enters
any field or enclosure which is owned or leased by a person and that field is
producing livestock or poultry, outside of a city, unaccompanied by his/her
agent or his/her owner, shall constitute a trespass, and the owner or his/her
agent shall be liable in damages.
Except as provided in this section, it shall be unlawful
for any person, other than a law enforcement officer, to kill or injure or
attempt to kill or injure any dog which bears a license tag for the current
year. Also, except as provided in this
section, it shall be unlawful for any person to: willfully, maliciously and
without just cause or excuse to kill a dog.
ISSUANCE OF SUMMONS OR
COMPLAINT TO DISTRICT COURT OR OTHER COURT OF CERTAIN FACTS; PROCEDURE AND
VIOLATIONS; VIOLATION NOTICE
The Animal Control Director, his/her
deputies or any law enforcement officer may issue an appearance citation before
the District Court or may make complaint before the District Court or the
Magistrate of Cass County whenever one or more of the following facts exist:
Section 11.1 DOG AT LARGE. A
dog is running at large unaccompanied by its owner or is engaged in lawful
hunting and is not under the reasonable control of its owner, with or without a
license attached to the collar of the dog.
Section 11.2 DOG AT LARGE,
DESTRUCTION OF PROPERTY. A dog,
licensed or unlicensed, has destroyed or damaged property, real or personal, or
trespassed in a manner that causes actual damage to the property of persons
other than the owner including, but not limited to, the repetitive depositing
of feces or urine on said property.
11.3 DOG BITE. A dog, licensed or unlicensed, has
attacked or bitten a person or another animal.
Section 11.4 DOG AT LARGE-VICIOUS. A dog has shown vicious habits or has molested a person when lawfully on
the public highway or on property other than that of the owner.
11.5 BARKING DOG. A dog by frequent or habitual barking, yelping or
howling, shall be a public nuisance.
Section 11.6 FAILURE TO RABIES VACCINATE. A dog four (4) months of age
or older, is not, or has not been vaccinated against the rabies virus by an
accredited licensed veterinarian.
Section 11.7 FAILURE TO LICENSE. A dog four (4)
months of age or older, is not duly licensed as provided for in Article IV of
Section 11.8 FAILURE TO PRODUCE LICENSE.
An owner or harborer
of a dog that is four (4) months of age or older refuses or fails to display a
valid license for said dog upon demand by a law enforcement officer.
Section 11.9 FAILURE TO ATTACH IDENTIFICATION. An
owner of a dog that is four months of age or older failed to attach a license
to the collar worn by the dog, or, if not wearing a collar, failed to microchip
Section 11.10 FAILURE TO SPAY OR
NEUTER. An owner
who adopted an animal from the Shelter, has not spayed or neutered the animal
in compliance with the adoption contract.
Section 11.11 FAILURE TO LIVE ON PROPERTY.
An owner of a dog allows said animal to
be restrained on property that is not occupied by the owner or a responsible
11.12 OTHER. In the event
there is a violation of any of the above sections of this Article, or of this
Ordinance, the Animal Control Director and his/her deputies or other law
enforcement officers may issue a summons or complaint to the owner of such dog
requiring said owner to appear in District Court or other court to answer to
the charges made in violation of this ordinance, and upon conviction thereof,
the owner shall be punished as hereafter provided in Article XX.
11.13 SECOND OR SUBSEQUENT VIOLATION. Should the owner possessor, or person
harboring an unlicensed dog not obtain a license with ten (10) days immediately
following the issuance of the appearance citation, the ownership, possession or
harboring of such dog shall hereafter constitute a second or subsequent
violation of this ordinance, and any person, firm or corporation, convicted of
violating this provision of this ordinance, shall upon being found guilty by
said court, be punished as provided in Article XIX of this ordinance.
11.14 WARRANT EXECUTION. Upon issuance of
a warrant by the court, the Sheriff’s Office shall proceed to execute the same.
11.15 VIOLATION NOTICE. Where violations
of the licensing (11.7, 11.8, 11.9) and/or vaccination
(11.6) and/or control requirements (11.1) of this ordinance are observed, any
Animal Control Officer may issue a violation notice in lieu of an appearance
citation. The violation notice will
stipulate a compliance date and associated fee and late fee, as well as a
waiver provision providing that the person to whom the violation notice is
issued waives all rights to protest such violation and waives all rights to a
hearing on the issues relating to that violation. All associated fees and late fees shall be
set by the Board of Commissioners and be paid to the Animal Control Department
for deposit in the general fund of Cass County.
Failure to pay associated fees and/or late fees and failure to waive
rights by the compliance date may result in the issuance of an appearance
citation to appear in court.
Section 11.16 INTERFERENCE WITH ENFORCEMENT PROHIBITED. No person shall in
any manner interfere with, hinder, molest, or abuse any officer or individual
authorized to enforce the provisions of this Ordinance.
Section 12.1 COMPLAINT TO SHOW CAUSE. The Animal Control Director, Animal Control Officer
or other law enforcement officer may, in addition to the issuing of an
appearance citation for a violation of Article XI, proceed to the Prosecuting
Attorney and request a district court magistrate or district court to issue a
summons to show cause why a dog should not be euthanized, upon a sworn
complaint that any of the following exist:
That a dog, licensed or unlicensed, has
destroyed property or habitually causes damage by trespassing on the property
of a person who is not the owner.
That a dog, licensed or unlicensed, has
bitten or attacked a person or another animal.
That a dog has shown vicious habits or
has molested a person when lawfully on the public highway or on property other
than that of the dog’s owner.
After January 10 and before June 15 in
each year a dog over 4 months old is running at large unaccompanied by its
owner or is engaged in lawful hunting and is not under the reasonable control
of its owner without a license attached to the collar of the dog.
Section 12.2 HEARING. After a hearing the district court magistrate or district
court may either order the dog euthanized or confined to the premises of the
owner. If the owner disobeys this order
the owner may be punished under Article XX of this Ordinance. Costs as in a civil case shall be assessed
against the owner of the dog, and collected by the county.
Section 12.3 COMPLAINT TO SHOW
(1) Upon a sworn complaint that a dog is a dangerous dog and the dog has
caused serious injury or death to a person or has caused serious injury or
death to a dog, a district court magistrate or district court, shall issue a
summons to the owner ordering him or her to appear to show cause why the animal
should not be destroyed.
(2) Upon the filing of a sworn complaint as provided in subsection (1), the
court or magistrate shall order the owner to immediately turn the dog over to
the Animal Shelter, or a licensed veterinarian at the owner’s option, to be
retained by them until a hearing is held and a decision is made for the disposition
of the dog. The owner shall notify the
person who retains the dog under this section of the complaint and order. The expense of the boarding and retention of
the dog is to be borne by the owner.
(3) After a hearing, the magistrate or court shall order the destruction of
the dog, at the expense of the owner, if the dog is found to be a dangerous dog
that caused serious injury or death to a person or a dog. After a hearing the court may order the destruction
of the dog, at the expense of the owner, if the court finds that the dog is a
dangerous dog that did not cause serious injury or death to a person or a dog,
but is likely in the future to cause serious injury or death to a person or a
dog, or in the past has been adjudicated a dangerous animal.
(4) If the court or magistrate finds that a dog is a dangerous dog but has
not caused serious injury or death to a person or a dog, the court or
magistrate shall notify Animal Control of the findings of the court, the name
of the owner of the dangerous dog and the address at which the dog was kept at
the time of the finding of the court. In
addition, the court shall order the owner of the dog to abide by the provisions
of Article XVII (A), (B), (C) and (D).
Costs as in a civil case shall be assessed against the owner of the dog,
and collected by the County.
STEALING OF A DOG
Section 13.1 Any
person who shall steal or take without the consent of the owner and without
lawful authority, any dog of which he is not the owner shall be guilty of a
misdemeanor. Any persons, excepting
animal control officers, who shall harbor or hold in his/her possession any
stray dog of which he/she is not the owner and does not
report such possession to the Cass County Sheriff or the Police Department of
the City in which he/she is holding such dog within 48 hours after coming into
possession of such dog shall be guilty of a misdemeanor. Any person who shall steal, or confine and
secrete any dog licensed under this Ordinance or kept under a kennel license
under this Ordinance or bearing indication of ownership, unless legally
authorized to do so, or unless such confining be justifiable in the protection
of person, property or game, shall be guilty of a misdemeanor, and upon
conviction thereof shall suffer the penalties provided for in Article XX of
HUMANE TREATMENT OF
PROVISION OF NECESSITIES, RESTRAINT
BY LEASH OR CHAIN; SPECIFICATIONS, ABANDONMENT, CROPPING OF EARS OR TAIL, CRUELTY;
EXHIBITION FIGHTING PROHIBITED, POISONS, OFFERING ANIMAL AS PRIZE OR REWARD,
KILLING DOGS, CATS FOR FOOD OR FUR PROHIBITED, MUTILATION, SEXUAL ACTS WITH
ANIMALS, REMOVAL OF ANIMAL IN IMMEDIATE DANGER, CONFISCATION OF VICTIMIZED
Section 14.1 PROVISION OF NECESSITIES. No owner shall fail to provide his animal with good
wholesome food and water, proper shelter and protection from the weather,
veterinary care when needed to prevent suffering, and humane care and
treatment. Any owner of animals shall maintain a clean and healthful
shelter and living area for any animal being kept, which area shall be free of
accumulated waste and debris so that the animal shall be free to walk or lie
down without coming in contact with any such waste or debris. All such
shelters or living areas must be cleaned and maintained regularly so as to
promote proper health for the animals being kept. All living areas shall
be constructed and maintained to promote drainage of rainwater to prevent the
accumulation of mud and/or water. Shelters shall be constructed to
protect the animal from precipitation and of a material, which provides
insulation from temperature extremes. In addition to the shelter a shaded
area shall also be provided by means of other structures, trees, or
awning(s). The shelter shall have a floor which is dry and constructed of
material that provides insulation or the floor augmented with resting
boards. Insulating bedding materials shall be provided during inclement
Section 14.2 RESTRAINT BY LEASH OR CHAIN; SPECIFICATIONS.
If any animal is restrained by a
chain, leash, or similar restraint, it shall be designed and placed as defined
under RESTRAINT in this Ordinance.
Section 14.3 ABANDONMENT.
No person shall abandon any
animal. Abandonment consists of leaving
such animal for a period in excess of 24 hours, without providing for someone
to feed, water, and check on the animal's condition. No owner shall leave
an animal by a roadside or other area, or leave such animal on either public or
private property, without the property owner's consent. In the event that
an animal is found so abandoned, such animal may be taken by an Animal Control
Officer, law enforcement or humane officer and impounded in the Animal Shelter,
and there confined in a humane manner. Such animal, if taken from private
property, shall be kept for not less than the prescribed period in accordance
with the procedures set forth in Article VII. The owner or the person, if
any, who has been charged with the animal's care, shall be subject to a
citation for violation of this section.
Section 14.4 CROPPING OF EARS OR TAIL.
No person shall crop a dog's ears or
tail, except a veterinarian.
Section 14.5 CRUELTY; EXHIBITION FIGHTING PROHIBITED.
(A) No person shall neglect,
beat, cruelly ill-treat or torment any animal or cause, permit or be a party to
any planned or arranged dogfight, cockfight or other combat between animals.
For the purpose of this section, neglect, cruel, ill-treatment and torment of
an animal shall be defined as a failure by a person to adhere to the
requirements and provisions of Section 14.1. In the event there is a
reasonable cause to suspect that an animal is being beaten, cruelly
ill-treated, neglected or tormented or involved in a planned or arranged
dogfight, cockfight or other combat, custody of such animal may be taken by an
Animal Control Officer, law enforcement, or humane officer and impounded in the
Animal Shelter. The animal shall be held as evidence and confined in such
facility in a humane manner. Upon finding by a court that the animal has been
neglected, beaten, cruelly ill-treated or tormented or involved in a planned or
arranged dogfight, cockfight or other combat between animals, the animal shall
become the property of the Shelter.
(B) No person shall own,
possess, keep, or train any animal with the intent that such animal shall be
engaged in an exhibition of fighting. In the event that a person shall own,
possess, keep, or train any animal with the intent that such animal shall be
engaged in an exhibition of fighting, he/she shall be liable for citation for
violation of this section and be subject to the penalties provided for
in Article XX.
(C) No person shall be present
at any planned or arranged dogfight, cockfight or combat between animals. In
the event that a person is present at a dogfight, cockfight, or combat between
animals, he/she shall be liable for citation for violation of this section and
be subject to the penalties provided in Article XX.
(D) Any person who is found present at a planned or
arranged dogfight, cockfight, or combat between animals, and who is charged
with being a spectator in violation of this section, and who is then and there
in possession or control of and/or is the owner of an animal of the same
species as that involved in the animal fight, shall be charged with intent to
engage in an exhibition of fighting in violation of this section. The
animal shall be confiscated if found on the premises or in the immediate area
of the dogfight, cockfight, or combat between animals.
Section 14.6 POISONS.
No person shall store, maintain or
place any poisonous substance, which may be harmful to any domesticated animal
in any location where it could be eaten by such animal.
Section 14.7 OFFERING ANIMAL AS PRIZE OR AWARD.
(A) No person shall offer any
live animal as a prize or award in connection with any raffle, protest,
demonstration, promotion, or as an incentive to participate in any game,
promotion, or otherwise.
(B) The provisions of this
section shall not apply to any raffle or promotion conducted by a private,
non-profit, livestock-related organization engaged in such activity at a show
or exhibition sanctioned by the Michigan Department of Agriculture.
14.8 KILLING DOGS, CATS FOR FOOD OR FUR
No person shall raise or kill a dog
or cat for food or the skin or fur; nor possess any items made from or
containing dog, puppy, cat or kitten fur; or any food item containing dog,
puppy, cat or kitten. All items made from or containing any type of fur must be
labeled with the name of the species whose fur is used.
Section 14.9 MUTILATION OF ANIMALS.
No person shall mutilate any dead or
living animal. This provision does not apply to accepted livestock practices
concerning slaughter at licensed stockyards, slaughterhouses and meat packing
establishments or on the premises of bona fide farming operations.
Further, this section shall not apply to the processing of fish or wildlife
taken through legal hunting and fishing methods.
Section 14.10 SEXUAL ACTS WITH ANIMALS.
No person shall engage in a sexual
act with any animal.
Section 14.11 REMOVAL
OF ANIMAL IN IMMEDIATE DANGER.
Any animal observed by a
law enforcement or Animal Control Officer to be in immediate danger may
be removed from such situation by the quickest and most reasonable means
Section 14.12 CONFISCATION OF VICTIMIZED ANIMAL.
(A) Any animal found involved in
a violation of any portion of this Article may be confiscated by any Animal
Control Officer or any law enforcement officer and held in a humane manner.
(B) Upon a hearing before a
district court judge, and that judge finding probable cause that the violation
was committed, the court shall order immediate forfeiture of the animal to the
Animal Shelter unless the owner, or his/her designated agent within 24 hours of
such finding, posts a cash bond with the court equal to the cost of care of the
animal(s), including all estimated boarding fees in the amount established by
the Board of Commissioners for each animal, for the first 30 days of its
impoundment in addition to any veterinary costs or other fees for each animal
that has been incurred. If after 30
days, the case has not been adjudicated, the owner must post another full cash
bond on the 30th day in the same amount of the original bond or equal to the
cost and care of each animal for the first 30 days, whichever is greater. This
same process shall be followed each 30-day period until the case has been
entry of a finding of guilt the cash bond(s) shall be immediately paid to the
Animal Control Department. The owner shall also be responsible to pay all
costs of care from the date of the impoundment until the time of the first
hearing and the posting of the initial bond, as well as any other associated
expenses not covered by the daily boarding fee(s). Any portion of the
posted bond that exceeds the daily costs incurred at the time of the finding of
guilt shall be returned to the owner. Upon conviction, all animals not
forfeited pursuant to subsection (B) herein above shall become the property of
(2) Upon a
finding of not guilty or dismissal or withdrawal of the charge(s), the animal
and any cash bond(s) posted shall be immediately returned to the owner.
Animal Control Department shall be allowed reasonable access to inspect the
property of anyone found guilty of violation of any of the provisions
under Section 14.1 through 14.12 of this Article.
SALE OF ANIMALS FROM
Section 15.1 SALE OF ANIMALS FROM ANIMAL SHELTER.
(A) All dogs and cats purchased
or obtained from the Shelter must be surgically altered to prevent breeding
within 30 days of obtaining the dog or cat. For purposes of this
Article, “obtained” does not include reclaimed.
(B) Prior to the sale or
adoption of any animal from the Animal Shelter, the Animal Control Department
may require the prospective buyer to complete an animal placement
questionnaire. The questionnaire is designed to determine the prospective
owner's ability to properly care for the animal. Past experience and
knowledge of Animal Control Department personnel of the prospective owners, as
well as previous violations of this section by the prospective owners, may be
grounds to refuse the sale or adoption. Additional grounds may be whether
the prospective owner is able to provide an enclosure where the animal is to be
kept which is adequate to keep the animal restrained, whether the animal is
being purchased for resale, whether the prospective owner has obtained another
animal from the Animal Shelter in the past 12 months, whether the prospective
owner has owned a pet which has died without appropriate veterinary care, and
whether the prospective owner is purchasing the animal solely for guard or
attack purposes. The Animal Shelter is not obligated to sell any animal
in its custody.
(C) Any person
adopting an animal is required to comply with all stipulations and conditions
set forth in the adoption agreement. Failure to do so may result in the
issuance of an appearance citation for violation of this section and forfeiture
of the animal.
Section 16.1 No dangerous animal as defined in this Ordinance
shall be kept within Cass County, except as provided in Article XVII and
Article XVIII 3 (B) of this Ordinance.
DANGEROUS DOGS AND
POTENTIALLY DANGEROUS DOGS
HOUSING & OTHER REQUIREMENTS, PROHIBITION, EXEMPTIONS
(A) PERMIT. A person shall not own, harbor, possess or keep a dangerous
dog unless such dog is licensed under this section or an application for
licensing such animal under this section is pending.
(B) LICENSING REQUIREMENTS. Any owner of a dangerous dog shall apply to the Animal
Control Department for licensing of said animal. The application shall be on a form provided
by the Animal Control Department and shall be accompanied by the following:
(1) A valid driver’s license or state issued
picture identification showing the owner’s name and current address;
(2) Proof that the applicant
owns said animal and is eighteen (18) years of age or older;
(3) One (1) copy of the
current immunization and health record for said animal showing the animal received
a current rabies vaccination by a licensed veterinarian;
(4) Proof that the applicant
has insurance coverage for no less than three hundred thousand dollars
($300,000.00) for any injury, damage or loss by said animal;
(5) Four (4) photographs
of said animal from four (4) different sides taken not more than one (1) month
before the date of license application.
Such photographs shall consist of front, back, left and right view of
(6) Proof that the
animal has been micro-chipped by a licensed veterinarian.
(7) Payment of licensing
and inspection fees established by the Board of Commissioners.
(C) HOUSING REQUIREMENTS. The dangerous dog shall be confined, at all times, within a
habitable escape-proof dwelling or an escape-proof cage made of at least 14 gauge
wire with at least seven (7) foot high sides, a wood or wire roof and a brick
or cement floor. The cage door shall be
locked with a padlock. However, when
such animal is not confined within a habitable dwelling or an escape-proof
cage, it shall be muzzled and reined or tethered to its harborer,
owner or keeper who shall maintain control over the animal to prevent injury to
any person or animal.
(D) TAG REQUIREMENT. The dangerous dog shall wear a license tag issued by the
Animal Control Department stating that the animal is registered as a dangerous
(E) When licensing an animal
not previously licensed under this Article, the Animal Control Department shall
assign a specific license number to said animal, without duplication, which number
shall remain the same for the life of the animal.
(F) If said animal is lost or
escaped, the owner or owner’s agent shall report said incident immediately to
the Animal Control Department.
(G) The owner of a dangerous
dog shall post signs on his or her property where such animal will be kept,
clearly visible from the closest street, advising the general public about such
animal’s presence on the premises. Such
signs shall be supplied by the Animal Control Department after applicant pays
for the inspection. The permit, however shall not be issued until the owner posts
the signs and the Animal Control Department inspects the property to verify
proper posting of signs. The cost of the
signs is non-refundable and they will belong to the applicant even if the
permit is reissued or revoked.
(H) No person shall be issued
a dangerous dog permit if they have been convicted of a felony.
The Animal Control
Department shall visually inspect the premises where the animal is kept. The inspection will consist of the cage, or
if there is no cage, the officer will inspect the escape-proof habitat
dwelling, doors, windows and screen opening to determine if, in fact they are
escape-proof. Also the inspection will
verify the placement of warning signs and the animal leash, muzzle and padlock
requirements for the cage. The Animal
Control Department must be satisfied that the owner has met all licensing
regulations before issuing or renewing a permit.
If a dangerous dog
permit is revoked, the owner shall not be reissued another permit.
(K) Duly authorized members of
the police department or other law enforcement agencies, shall be exempt from
the provisions of this section if the dog is performing law enforcement duties.
(L) If the Animal Control
Department is notified of an address where a dangerous dog is being kept of
harbored, and that animal and owner of the animal has not been in violation of
any section of this Article, the owner shall have a maximum of fourteen (14)
business days to obtain the dangerous dog license and permit. If the license and permit is not obtained
within the required time limit, the dog shall be impounded. The animal will then be held for a maximum of
ten (10) days so that a license and permit can be obtained. If the license and permit are not obtained
within that ten (10) day time period, the animal shall be euthanized.
(M) If the owner of a
dangerous dog violates any provisions of this Article, the animal shall be
impounded immediately and the owner cited to appear in District Court for a
violation of this Article.
(N) In the event that a
dangerous dog ownership changes, the new owner shall apply for a new
permit. The original owner’s permit
shall not be transferable to the new owner.
The original owner shall notify the Animal Control Department that the dog’s
ownership has been transferred.
(O) The owner of a dangerous
dog shall notify the Animal Control Department if the address changes where the
animal is being kept. The owner must
report the new address so an inspection can be made of the premises.
(P) All licenses issued under
this Article shall expire December 31st of each year.
(Q) The owner, or the owner’s
agent, of an animal required to be licensed under this Article shall notify the
Animal Control Department or the Cass County Sheriff’s Department within four
(4) hours if said animal is running at large, has been stolen or has attacked a
person or a domestic animal.
(R) PROHIBITION. No dangerous dog shall
commit an attack or severe attack, as previously defined. In the event
that a law enforcement officer or Animal Control Officer witnesses either type
of attack or witnesses the wounds or injuries caused by the attack, and the
offending animal(s) can be identified by credible evidence, including, but not
limited to, witness identification, forensic evidence, or other physical
evidence, the dog(s) shall be impounded and the owner cited for violation of
this Section. If the owner is cited and the animal(s) impounded, the
animal(s) shall remain impounded subject to the conditions set forth in Article
IX pending a decision by District Court, unless ownership is voluntarily
relinquished and the dog(s) turned over to the Animal Control Department.
Upon a plea or finding of guilt, the dog(s) may be redeemed by the owner after
inspection and verification of a proper enclosure as previously defined, unless
ordered euthanized by the court. There the dog(s) shall remain, securely
confined, and may not be removed except to be treated by a veterinarian or to
be turned in to or inspected by the Animal Control Department. While
being transported to the veterinarian or animal control shelter, the dog must
be muzzled and restrained by a leash no longer than three feet in length.
No owner of a dangerous dog(s) or potentially dangerous dog(s) may transfer
ownership or the location where the animal(s) is contained. The owner
shall be responsible for all veterinary, euthanasia, redemption, and/or
Section 17.2 (B) EXEMPTIONS. An animal
shall not be deemed to be a potentially dangerous dog or dangerous dog solely
because it bites or attacks:
assaulting its owner. This shall not include any law enforcement officer
attempting to subdue or effect the arrest of a
person who is in the act of tormenting or abusing it.
unrestrained animal which attacks it or its young while it is restrained in
compliance with this Section.
entering the owner's property to commit robbery, burglary, assault, or other
crime. Simple trespass by a person onto private property shall not be
considered provocation for any attack.
performing work by a governmental law enforcement agency.
Section 18.1 EXHIBITIONS OF
WILD/EXOTIC/DANGEROUS ANIMALS PROHIBITED.
No person shall
keep, or permit to be kept on his/her premises any wild, exotic or dangerous
animal for display or for exhibition purposes, whether gratuitously or for a
Section 18.2 PROHIBITED
ANIMALS. Wild, exotic or dangerous animals as defined in this
ordinance may not be possessed, bred, exchanged, bought, sold or attempted to
be bought or sold in Cass County except within the provisions cited below.
Section 18.3 EXCEPTIONS.
(A) Notwithstanding the above provisions, it shall not be a violation of
this Ordinance for a person, persons, corporation or
business entity in lawful possession of an animal to travel through Cass County
on a public highway for a destination out of the County. Zoological parks and aquariums that are
accredited by the American Association of Zoological Parks and Aquariums, or
wild life sanctuaries accredited by the Association of Sanctuaries and/or the
American Sanctuary Association, nature preserves, circuses, and bona fide scientific,
medical or educational research facilities are also an exception.
(B) If a person is in possession of a wild and/or exotic animal as defined
in this Ordinance on the effective date of this Ordinance, that person must
apply for a permit to keep said animal within 90 days after the effective date
of the Ordinance. The person shall file
an application with the Animal Control Department and pay any application,
inspection and/or permit fee(s) as set by the Board of Commissioners. The owner shall abide by all standards set by
the Animal Control Department in the keeping of said animal.
(C) (1) If there is probable cause
to believe this Article is being violated, an Animal Control Officer may give
notice of the violation in writing to the owner of the wild and/or exotic
animal. The notice shall identify the
(2) Not more than 30 days after the notice is delivered, the owner of the
wild and/or exotic animal shall transfer ownership and possession of said
animal, or subject to subsection (3), correct the violation and shall notify
the Animal Control Officer of the action taken.
(3) If the violation was failure to obtain a permit and the violation was
committed knowingly, not more than 14 days after the notice is delivered, the
owner of the animal shall transfer ownership and possession of the animal and
notify the Animal Control Officer of the action taken.
(4) An animal transferred under subsection (2) or (3) shall be transferred
to: (a) An approved animal control or animal protection shelter, (b) A person licensed
or approved by the Department of Natural Resources of this State or by the Fish
and Wildlife Service of the United States Department of the Interior, (c) A zoological
park approved or accredited by the American Zoo and Aquarium Association
or (d) A person approved by the
Association of Sanctuaries or the American Sanctuary Association.
COMMON LAW LIABILITY
Section 19.1 Nothing in
this Ordinance shall be construed to prevent the owner of a licensed dog from
recovery in an action at law from any law enforcement officer or other person,
except as herein provided.
Section 19.2 Nothing in
this Ordinance shall be construed as limiting the common law liability of the
owner of a dog for damages committed by said dog.
Section 20.1 Any person violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be
punished by a fine not to exceed $500 or be imprisoned for a period not to
exceed 90 days in the County jail, or both so fined and imprisoned. Each
day a violation continues shall constitute a separate offense.
Section 20.2 Any person found guilty of owning a dangerous dog, in
addition to the penalties imposed, may be required by a District Court Judge to
have the dog humanely euthanized if in the opinion of that judge the severe
attack warrants such action.
Section 20.3 Any person found guilty of owning a potentially dangerous
dog or dangerous dog shall be fined not less than $250 and shall have the dog
spayed or neutered within seven days of that finding. Proof of the
surgery must be provided to the Animal Control Department within 24 hours of
Section 20.4 Any person found guilty
of owning a potentially dangerous dog or dangerous dog, in addition to any
other penalties or stipulations imposed, shall within seven days of that
finding also have the dog implanted with amicrochip
identification. Within seven days of that implantation, the owner shall
present the animal to the Animal Control Department for scanning and
verification of the microchip and identification number.
Section 20.5 In addition to any
penalties and/or stipulations imposed, anyone convicted of violations
of section 14.1 through 14.10 and 16.1 shall also be required to relinquish
ownership of the animal(s) to the Animal Shelter immediately upon that
FEES AND EXPENDITURES
All fees associated with this Ordinance
are set by the Board of Commissioners.
All resolutions regarding fees are incorporated by reference
herein. All fees associated with this
Ordinance, are to be credited to the County General Fund to pay the costs and
expenses of animal control.
Section 22.1 All Ordinances or parts of
Ordinances inconsistent herewith are hereby repealed.
23.1 If any part of this Ordinance shall be
held void, such part shall be deemed severable and the invalidity thereof shall
not affect the remaining parts of this Ordinance.
ADOPTION AND REVISIONS
Section 24.1 This Ordinance adopted on this 10th day of October 1984, by the Board of Commissioners of the County of Cass,
State of Michigan.
Section 24.2 This Ordinance was revised on this 12th day of December
2000 by the Board of Commissioners of the County of Cass, State of
Section 24.3 This Ordinance was revised on this 17th day August
2006 by the Board of Commissioners of the County of Cass, State of