Chapter 14 - Dogs and Other Animals


14.01 DEFINITIONS
14.02 DUTY TO KEEP DOG UNDER REASONABLE CONTROL
14.03 BARKING DOG
14.04 VICIOUS DOG
14.05 LOCATION AND HOUSING
14.06 FECAL MATTER
14.07 TREATMENT OF ANIMALS
14.08 CRUELTY
14.09 DEAD ANIMALS
14.10 LICENSE REQUIRED
14.11 LICENSING PROCEDURE
14.12 VIOLATION TICKET
14.13 FEES
14.14 TERM OF LICENSE
14.15 APPLICATION FOR KENNEL LICENSE
14.16 RESPONSIBILITY FOR DAMAGES
14.17 DOG POUND
14.18 IMPOUNDING OF DOGS
14.19 RELEASE OF DOGS
14.20 UNCLAIMED DOGS
14.21 CONFINING DOG FOR OBSERVATION
14.22 DOG BITTEN BY ANOTHER DOG
14.23 QUARANTINE
14.24 HORSES
14.25 CATS
14.26 ENFORCEMENT
14.27 AUTHORITY TO INQUIRE
14.28 VIOLATION NOTICES
14.29 ORDINANCE VIOLATIONS
14.30 PENALTIES
14.31 SEVERANCE CLAUSE


14.01. DEFINITIONS

The following terms when used in this Ordinance shall have the meanings set forth in this Section:

( A ) "Dog" shall mean any dog, whether male, female, or unsexed.

( B ) The word "owner" shall include every person having a right or property in a dog, and every person who keeps or harbors a dog or cares for it, and every person who permits a dog to remain in or about their premises occupied or owned by such person, for a period of five days or more.

( C ) For the purposes of this Ordinance, a dog shall be deemed to be under "reasonable control" when said dog is held securely by a leash of suitable strength and length, by the owner, possessor, harborer hereof or any other responsible person of suitable age and strength, in an enclosed vehicle or container or on the owner's occupied property.

( D ) The words "Animal Control Officer" when used herein shall include the person or persons employed by the Township of Southfield for the purpose of enforcement and administration of the provisions of this Ordinance.

( E ) For purposes of this Ordinance "Township of Southfield" includes the unincorporated areas of Southfield Township and the incorporated areas of Villages of Beverly Hills, Franklin, and Bingham Farms.

( F ) "Adequate Care" means the provision of sufficient food, water, shelter, sanitary conditions, exercise and veterinary medical attention in order to maintain an animal in a state of good health.

( G ) "Sanitary Conditions" means space free from health hazards including excessive animal waste, overcrowding of animals, or other conditions that endanger the animal's health.

( H ) "Shelter" means adequate protection from the elements and weather conditions suitable for the age and physical condition of the animal so as to maintain the animal in a state of good health. Shelter for a dog shall include one or more of the following:

(I) The residence of the dog's owner or other individual;

(ii) A doghouse that is an enclosed structure with a roof and of appropriate dimensions for the breed and size of the dog. The doghouse shall have dry bedding when the outdoor temperature is or is predicted to drop below freezing;

(iii) A structure, including, but not limited to, a garage, barn, or shed that is sufficiently insulated and ventilated to protect the dog from exposure to extreme temperatures or, if not sufficiently insulated and ventilated, contains a doghouse as provided under subparagraph (ii) that is accessible to the dog.

( I ) "State of Good Health" means freedom from disease and illness, and in a condition of proper body weight and temperature for the age and species of the animal, unless the animal is undergoing appropriate treatment.

( J ) "Tethering" means the restraint and confinement of a dog by use of a chain, rope or similar device.

14.02. DUTY TO KEEP DOG UNDER REASONABLE CONTROL

No person owning a dog shall permit or allow the same to leave said person's premises, except when such dog is under reasonable control as defined in this Ordinance. No dog shall be permitted or allowed to run at large.

14.03. BARKING DOG

No persons shall own any dog which by loud or frequent or habitual barking or yelping or howling becomes a nuisance to occupiers of neighboring property.

14.04. VICIOUS DOG

No person shall own a fierce or vicious dog, or a dog that has been bitten by any animal known to have been afflicted with rabies. A dog may be deemed fierce or vicious if the Village of Beverly Hills and the Township of Southfield have received more than one bite report involving the same dog. Any dog found to be vicious or afflicted with rabies shall be destroyed unless otherwise disposed as provided herein.

14.05. LOCATION AND HOUSING

All dog houses shall be in a strategically located place so as to provide adequate shade in the summer months and shall be maintained in a clean and sanitary condition, devoid of rodents, vermin, debris, excrement, and free from objectionable odors. Yards and/or exercise of dog runs shall be kept free of dog droppings, uneaten food and maintained in a sanitary manner so as not to be a nuisance because of odor, or attraction for flies and vermin.

14.06. FECAL MATTER

It shall be unlawful for any person to permit a dog owned, harbored or possessed by that person to deposit fecal matter in any place other than the premises where the dog is harbored and kept, unless such fecal matter is immediately collected and removed to the premises where the dog is harbored or kept.

14.07. TREATMENT OF ANIMALS

An owner, possessor or person having charge or custody of an animal shall not do any of the following:

( A ) Fail to provide the animal with adequate care.

( B ) Cruelly drive, work, or beat an animal, or cause an animal to be cruelly driven, worked or beaten.

( C ) Carry or cause to be carried in or upon a vehicle or otherwise any live animal having the feet or legs tied together, other than an animal being transported for medical care, or a horse whose feet are hobbled to protect the horse during transport or in any other cruel and inhumane manner.

( D ) Carry or cause to be carried a live animal in or upon a vehicle or otherwise without providing a secure space, rack, car, crate, or cage in which livestock may stand and in which all other animals may stand, turn around and lie down during transportation.

( E ) Abandon an animal or cause an animal to be abandoned, in any place, without making provisions for the animal's adequate care, unless premises are temporarily vacated for the protection of human life during a disaster. An animal that is lost by an owner or custodian while traveling, or walking, shall not be regarded as abandoned under this section when the owner or custodian has made a reasonable effort to locate the animal.

( F ) Willfully or negligently allow any animal, including one who is aged, diseased, maimed, hopelessly sick, disabled, or non-ambulatory to suffer unnecessary neglect, torture or pain.

( G ) Tether a dog unless the tether is at least three times the length of the dog as measured from the tip of its nose to the base of its tail and is attached to a harness or non-choke collar designed for tethering.

14.08. CRUELTY

( A ) No person shall by use of any pit, pitfall, deadfall, snare, trap, net, baited hook or any similar device, or of any drug, poison, chemical or explosive, injure or kill any bird or fur bearing animal; nor shall any person or persons at any time or in any manner whatever molest, harass, or annoy any bird or fur bearing animal within the limits of the Village of Beverly Hills and Southfield Township.

( B ) No person shall willfully, maliciously and without just cause or excuse kill, torture, mutilate, maim, or disfigure an animal or who willfully and maliciously and without just cause or excuse administer poison to an animal, or expose an animal to any poisonous substance, other than a substance that is used for therapeutic veterinary medical purposes, with the intent that the substance be taken or swallowed by the animal.

( C ) No person shall intentionally or negligently cause or permit an animal to suffer unnecessary pain.

( D ) No person shall molest, injure, kill or capture any wild bird, or disturb the nest of any wild bird, unless otherwise permitted by law.

( E ) Every person lawfully keeping any animal shall maintain the premises in which it is kept in a sanitary condition and free of insects, vermin or obnoxious odors and to that end shall in any structure housing a horse:

(1) Construct a 10 inch clay floor.

(2) Keep manure in a container or trailer not less than 175 feet from any dwelling, except that of the owner, and dispose thereof at least once each week.

(3) Treat both the floor and manure accumulation daily with hydrated lime or such other chemical as will prevent odor.

14.09. DEAD ANIMALS

The owner of any dead dog or other animal shall promptly dispose of the remains in such manner as not to cause a nuisance.

14.10. LICENSE REQUIRED

It shall be unlawful for any person to own, possess or harbor any dog four months of age or older in the Village of Beverly Hills and Township of Southfield, unless such dog is licensed as hereinafter provided, or to own, possess, or harbor any dog four months of age or over that does not at all times wear a collar or harness with current Township of Southfield, Michigan, metal license tag attached, as hereinafter provided. Such license tag shall be nontransferable to any other dog.

14.11. LICENSING PROCEDURE

Licenses to own dog shall be issued by the Township Clerk or authorized agent upon application made therefore, together with payment of the license fee provided in this Ordinance.

It shall be the duty of any person owning a dog, on the 1st day of January of any subsequent year thereafter, or on or after any dog becoming four months of age, or forthwith upon becoming a resident of the Village of Beverly Hills and Township of Southfield, or becoming an owner of such dog, to make application to the Township Clerk, giving the full name and residence of the applicant and presentation of a current certificate of vaccination for rabies, with a vaccine licensed by the United States Department of Agriculture, signed by an accredited veterinarian. The certificate shall state the month and year of expiration for the rabies vaccination, in the veterinarian's opinion. A license shall not be issued if the dog's current rabies vaccination will expire more than 30 days before the date on which the requested license would expire. Such application shall state the breed, sex, age, color and markings of such dog, the owner's name and address, and the name and address of the last previous owner. Upon payment of the license fee, and if all other requirements have been satisfied, the Township Clerk or authorized agent shall issue to each applicant a license to own or harbor a dog for the term commencing at the date of such license and terminating the 31st day of December following. For each license the Township Clerk shall at the time and before issuing the same and for each renewal thereof, collect from each applicant a license fee set by the Village Council and Township Board by resolution, from time to time, for each dog four months of age or over.

14.12. VIOLATION TICKET

When a violation ticket is issued for "failure to obtain a dog license", the owner, possessor or harborer must purchase a current license from the Township Office and show proof of same to the Court Office before violation payment will be accepted.

14.13. FEES

License fees shall be set by resolution of the Village Council and Township Board of Trustees. There shall be a fee for each dog, in case of a dog which has been duly licensed in another county, township, city or village in the State of Michigan, if application is made by the owner of such dog within 30 days after taking up residence in the Village of Beverly Hills and Township of Southfield, and at least 60 days prior to the expiration of his foreign license, the Township Clerk shall collect a fee for each dog. The Township Clerk shall retain and file such foreign license, but shall return it to the owner on demand if at any time the owner returns to his former jurisdiction or for any other cause desires the return of his license and deposits with the Township Clerk his Township of Southfield license in exchange therefor. Any person becoming the owner of any dog after the 1st day of April of any year, shall forthwith apply for and secure a license for such dog, which license shall be issued without penalty, in the event such application be made within 30 days after applicant has acquired such dog or after such dog has reached the age of four months. Any owner of a dog failing to obtain a license as provided herein prior to March 31st shall pay a double fee for such license. In situations where a dog is acquired or becomes four months of age, or a dog owner begins residing in the Village and Township after July 1st, the owner shall only be required to pay one-half of the annual fee.

Duplicates of license shall be issued upon payment of the required fee. All monies received by the Township Clerk shall be turned over to the Township Treasurer. No person shall keep more than two dogs of the age of four months or over on any property in the Village of Beverly Hills and Township of Southfield.

14.14. TERM OF LICENSE

All licenses issued under the provisions of this Ordinance shall be valid and operative for a term beginning the date of such license in the calendar year for which such license is issued and terminating on the 1st day of December of said year.

14.15. APPLICATION FOR KENNEL LICENSE

No person shall own or operate any dog kennel in the Township of Southfield or Village of Beverly Hills in a residential zone. For the purpose of this Ordinance, a kennel shall be construed as an establishment wherein or whereon any person keeps three or more dogs, six months old or older, regardless of whether any remuneration is received therefor. A kennel may be operated in a non-residential district within the Village of Beverly Hills if an authorized use in that zone district.

14.16. RESPONSIBILITY FOR DAMAGES

Every owner, possessor or harborer of an animal shall be liable for damages, any and all injuries to person or property caused by such animal, to be determined and collected in appropriate civil proceedings, and nothing in this Ordinance shall be construed to impose any liability upon the Village of Beverly Hills and the Township of Southfield, its officers, agents or employees for any damages to persons or property caused by such animal.

14.17. DOG POUND

The Village of Beverly Hills and the Township of Southfield will not establish a dog pound, but will use the facilities of area veterinarians when and where approved and available.

14.18. IMPOUNDING OF DOGS

It shall be the duty of the Animal Control Officer to take up, seize and place in the dog pound all dogs that may be found running at large or being kept or harbored in any place within the Village of Beverly Hills and Township of Southfield contrary to the provisions of this Ordinance.

14.19. RELEASE OF DOGS

No dog shall be released from the pound unless the owner, possessor or harborer or authorized agent shall pay a fee as set forth in the following schedule:

( A ) For release of a licensed dog, properly immunized against rabies, the sum of $15.00.

( B ) Payment of the cost of boarding such dog, at the rate of $3.00 for each day including the first day.

( C ) The owner, possessor or harborer of any unlicensed dog must present proof of immunizations within 72 hours of release of said dog, or be subject to the issuance of an ordinance violation for owning, possessing or harboring an unlicensed dog. The cost of immunization and licensing shall be paid by the owner, possessor or harborer, in addition to the fees herein provided.

( D ) The Animal Control Officer shall keep a careful record of all dogs received with a description thereof and the disposition of the same, which record will be filed with the Township Clerk monthly or oftener should the Township Clerk require such.

14.20. UNCLAIMED DOGS

All dogs not claimed and released to the owner within four days, not including the first day of impoundment, shall be destroyed, or if the animal is deemed valuable by the Animal Warden, the same may be sold for the total amount of fees for boarding, provided that said dog be properly immunized and licensed at the cost of the purchaser.

14.21. CONFINING DOG FOR OBSERVATION

Any person who shall own a dog which has contracted rabies, or which has been subjected to same, or which is suspected of having rabies, or which has bitten any person, shall upon demand of the Animal Control Officer produce and surrender up such dog to the Animal Control Officer to be held at a licensed veterinarian or at the owner's home for treatment and observation for whatever period is necessary to ascertain the extent of the rabies; such confinement shall be the sole expense of the owner of said dog, and without expense or risk on the part of the Village of Beverly Hills and the Township of Southfield. In lieu of such delivering up of such dog as aforesaid, such person shall have the option of delivering such dog to an approved veterinarian for treatment and observation for rabies, and shall furnish to the Animal Control Officer, written evidence that such dog has been so delivered, such confinement shall be at the sole expense of the owner of said dog.

14.22. DOG BITTEN BY ANOTHER DOG

It shall be the duty of any person owning a dog which has been attacked or bitten by another dog or another animal showing symptoms of rabies, to immediately notify the Animal Control Officer that such person has possession of such a dog and such persons shall comply with all lawful orders and requirements of the Animal Control Officer regarding treatment of such dog for rabies.

14.23. QUARANTINE

The Animal Control Officer is hereby authorized to require that any dog be quarantined or that a quarantine be established by the Village of Beverly Hills and the Township of Southfield for a defined period, whenever in his opinion such measures are necessary in order to protect the health, safety and welfare of the people of the Village of Beverly Hills and the Township of Southfield.

14.24. HORSES

All horses shall be confined unless being led or ridden on public lands.

14.25. CATS

( A ) Cat Control. It shall be unlawful for any person, in the Village of Beverly Hills, to have possession or custody of any cat, without having it under control and/or confined to his premises at all times; provided that the provisions of this Section shall not apply to possession or custody of any cat less than six months of age, when proof of age can be, and on request, is submitted to either the Public Safety Officer or Animal Control Officer.

( B ) Cat License. It shall be unlawful for any person, in the Village of Beverly Hills, to possess, harbor, shelter or keep any cat over six months of age, without having said cat licensed pursuant to any and all regulations set forth by the Township of Southfield. Further, it shall be unlawful for any person to have possession or custody of any such cat without having it inoculated against rabies and/or any other diseases, as designated by the Township of Southfield and/or the Animal Control Officer of Southfield Township.

( C ) Cat Possession. It shall be unlawful for any person, in the Village of Beverly Hills, to possess, harbor, shelter, or keep adult cats in a greater number than can be cared for in a sanitary and proper manner in compliance with the public health code. For the purpose of this Ordinance, an adult cat shall be deemed to be any cat six months of age or older. It shall also be unlawful to maintain any cat or cats so as to create a nuisance by way of noise, odor or otherwise.

( D ) Cat Enforcement. Any Public Safety Officer, Animal Control Officer, Health Inspector, or any other person designated by the Village, is authorized to impound any cat found running at large within the Village of Beverly Hills. The impounding of any cat and the enforcement of this Ordinance shall be on a complaint basis only.

( E ) Cat Impoundment. Diligent efforts shall be made to contact by certified mail and telephone the owner of each licensed and/or otherwise identified cat which is impounded. Any impounded cat without identification or license, not redeemed within 96 hours, and any impounded cat which is licensed and/or otherwise has identification not redeemed within 168 hours shall be disposed of in such a manner as previously agreed upon between the Village of Beverly Hills, the Township of Southfield and the owner and/or manager of an Animal Hospital or shelter. The owner and/or manager of the hospital or shelter is made an agent of the Village of Beverly Hills for this purpose, and his actions in this regard are declared to be for a governmental purpose. A minimum daily charge shall be assessed against the cat owner for the feeding and shelter of each cat so impounded as promulgated by Council resolution.

( F ) Cat Impoundment Agreements. The Village Manager is instructed to enter into necessary agreements with Animal Hospital owners and/or managers to carry out the terms of this Ordinance.

14.26. ENFORCEMENT

The Township of Southfield may employ Animal Control Officers to enforce and administer the provisions of this Ordinance. The Animal Control Officer shall be invested with such powers of a special police officer by the Township Clerk as are necessary for the limited purpose of enforcing the provisions of this Ordinance and its amendments. The provisions of this Ordinance may be enforced by members of the public safety officers of Village of Beverly Hills within their respective boundaries.

14.27. AUTHORITY TO INQUIRE

It shall be the duty of the Animal Control Officer to make diligent inquiry as to the dogs owned, harbored or kept within the Village of Beverly Hills and the Township of Southfield and whether such dogs are licensed, and whether such owner, possessor or harborer is in violation of any other provisions of this Ordinance. Any dog found unlicensed may be seized and impounded by the Animal Control Officer. If the owner, possessor or harborer of such dog be known, the Animal Control Officer may issue a notice of violation to appear at the Township Clerk's office, or his agent, within 72 hours, not including Saturdays, Sundays, or holidays, to procure a license for such dog. Failure of owner, possessor or harborer to appear and procure such license may result in the issuance of an ordinance violation by the said Animal Control Officer for violation of the licensing section of this Ordinance, Section 8.01.

14.28. VIOLATION NOTICES

All violation tickets to be handled by the 46th District Court at the City of Southfield.

14.29. ORDINANCE VIOLATIONS

The Animal Control Officer is hereby authorized, upon witnessing of violation of this Ordinance, in addition to seizing and impounding such dog, to issue to the owner, possessor or harborer of such dog, an ordinance violation which shall include the date, time and location of the offense, and shall include the applicable section number of the ordinance of which the owner, possessor or harborer of such dog is in violation, wherein the Animal Control Officer has determined that the owner, possessor or harborer of such dog has been in violation of the same offense one or more times within the previous one year period. All further proceedings shall be had in accordance with the rules and practices of the District Court of Michigan.

14.30. PENALTIES

Any person, firm or corporation violating any of the provisions of this Ordinance shall be responsible for a civil infraction, and upon conviction thereof, shall be fined no less than five hundred dollars ($500.00) for each such offense, or such fine in the discretion of the court, together with the costs of such prosecution. Each day that a violation of this Ordinance continues shall be a seperate offense.

(A) Enforcement. In addition to ordering the defendant determined to be responsible for a civil infraction to pay a civil fine, costs, damages and expenses, the judge or magistrate shall be authorized to issue any judgment, writ or order necessary to enforce, or enjoin viloation of this Chapter.

14.31. SEVERANCE CLAUSE

If any section, clause or provision of this Ordinance shall be declared to be inconsistent with the constitution and laws of the State of Michigan and voided by any court of competent jurisdiction, said section, clause or provision declared to be unconstitutional and void shall thereby cease to be a part of this Ordinance, but the remainder of this Ordinance shall stand and be in full force. {Ord. 293, 5-17-99}