(a) No person shall cruelly treat or abuse an animal in any of the following ways:
(1) Kill without just cause, willfully and maliciously kill, maim, disfigure, beat, torment, torture, overload, overwork, abandon or otherwise abuse an animal; cause, instigate or permit any fight or combat with or between animals; or cruelly drive or work an animal or cause an animal to be cruelly driven or worked;
(2) Abandon or willfully neglect an animal which he or she knows or has reason to believe is suffering due to age, disease, malnutrition, parasite infestation or injury, or fail to report such condition to the appropriate law enforcement agency for appropriate action;
(3) Fail to provide his or her animal with sufficient food, potable water, exercise, grooming, sanitary conditions, shelter, protection from the weather; or failure to provide an animal with sufficient food, potable water, exercise, grooming, sanitary conditions, shelter, protection from the weather; where that person has a duty to provide that care or has agreed to provide that care;
(4) Fail to provide veterinary or other medical care to an animal owned by that person or where there is a duty or relationship to care for that animal when an animal is in pain or distress, including, but not limited to, the following when an animal is:
A. In a state of emaciation;
B. Unable to rise or walk;
C. Crying out in pain;
D. Unable to eat or drink;
E. Suffering from unattended broken bones, wounds, burns, or contusions;
F. Painful or difficult breathing;
G. Passing blood in urine, feces, and/or vomit;
H. Infested with parasites or maggots; or
I. Infected with a skin disease.
(5) Knowingly give or administer to an animal any poisonous substance, alcoholic beverage or controlled substance, unless prescribed by a veterinarian or as otherwise lawfully provided for in this chapter or by State law;
(6) Knowingly place, expose, or leave any poisonous substances at any public or private place, whether mixed with food or not, so that the same is reasonably likely to be eaten by an animal. However, it shall not be unlawful for a person to do the following:
A. Place, on his or her own property, commonly recognized and lawfully obtained poisons, mixed only with vegetable substances, for the purpose of rodent extermination;
B. Place poisons, on his or her own property, for the purpose of controlling the depredations of designated animals pursuant to and in accordance with the rules governing a valid permit issued by the Michigan Department of Natural Resources, or other agency or authority as provided for by State law.
(7) When transporting an animal:
A. Failing to safely enclose the animal within the vehicle; or if in an unenclosed or partially enclosed vehicle, including but not limited to, convertibles, pick-up trucks, or flatbed trucks, failing to confine the animal in a container case or other device that is of proper and adequate size that will prevent the animal from falling from or jumping from the motor vehicle;
B. 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;
C. Carry or cause to be carried a live animal in or upon a motor 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, or while awaiting slaughter. As used in this subsection, for purposes of transportation of sled dogs, "stand" means sufficient vertical distance to allow the animal to stand without its shoulders touching the top of the crate or transportation vehicle.
(8) Confine an animal on a tether unless the tether allows the animal access to suitable shelter and:
A. For dogs, the tether is at least ten feet in length; the tether and collar, harness or other type of collaring device when taken together does not, due to weight, inhibit the free movement of the dog.
B. For all other animals, the tether is at least three times the length of the animal as measured from the tip of its nose to the base of its tail, or the tether permits movement over at least 120 square feet, whichever is greater.
C. The manner of tethering does not allow an animal to become tangled, injured or to suffer undue stress, suffer strangulation, cause entanglement on fences, trees or other man-made or natural obstacles or objects.
D. The weight of the tether does not allow the animal to comfortably raise its head or move.
E. The tether has swivels on both ends.
F. The collar used with the tether is not a collar type that has prongs, or will pinch or choke the animal.
G. The collar, harness or any other type of collaring device being used is designed for that purpose and made from material that prevents injury to the dog.
H. The period of tethering does not exceed one continuous hour, except that tethering of the same dog may resume after a hiatus of three continuous hours; and the dog is tethered no more than a total of three hours per day.
(9) Confine an animal:
A. Without sufficient potable water made continuously available unless otherwise directed by a licensed veterinarian, or lack of food, or proper care;
B. Within or on a motor vehicle at any location under such conditions as may endanger the health or welfare of the animal, including, but not limited to ambient temperature above 80 degrees Fahrenheit or below 25 degrees Fahrenheit;
C. In such a fashion that the animal does not have a dry area to rest;
D. If a dog, in an outdoor kennel, pen, or enclosure that is of a size that does not allow the dog to stand or adequately move around and in no instance shall the kennel be less than 32 square feet;
E. With another animal that is a natural enemy, temperamentally unsuited, or otherwise incompatible to be so near to each other as to cause injury, fear, or torment;
F. By use of a chain rated grade 70 or more; or
G. In a cage, carrier, or animal crate that does not allow an animal to stand or turn around.
(10) Unless performed by a licensed veterinarian, to crop an animal’s ears, dock a tail, neuter, castrate, or to perform any other surgical procedure upon an animal;
(11) Color, dye, stain or otherwise change the actual color of a fowl or rabbits;
(12) Intentionally run down or otherwise abuse, harass, or worry any animal with any vehicle including but not limited to a bicycle or motor vehicle, including an off-road vehicle, motorcycle, motorbike, or snow-mobile;
(b) This section does not prohibit the lawful killing or other use of an animal, including, but not limited to, the following:
(1) Fishing, hunting, trapping or wildlife control pursuant to State or Federal regulation;
(2) Horse racing pursuant to local, state or federal regulation;
(3) The lawful operation of a zoological park or aquarium;
(4) Pest or rodent control pursuant to local, state or federal regulation;
(5) Farming or generally accepted animal husbandry or farming practices involving livestock; or
(6) Scientific research pursuant to State or Federal law.
(Ord. 45-83. Passed 10-25-83; Ord. 02-03. Passed 5-20-03; Ord. 21-05. Passed 9-20-05; Ord. 26-05. Passed 10-4-05; Ord. 04-2017. Passed 5-16-17.)