(a) Purpose: The purpose of this section is to establish a procedure whereby animals that pose a significant threat of causing serious injury to humans, other animals or property are identified and subjected to precautionary restrictions before any such serious injury occurs.
(b) Classification of Levels of Dangerousness: An animal shall be classified as potentially dangerous or dangerous based upon specific behaviors exhibited by the animal. An animal will be considered a potentially dangerous animal if it exhibits behavior described in subsection's (1) and/or (2) of this section. An animal will be considered a dangerous animal if it exhibits behavior described in subsections (3), (4), and/or (5).
(1) Level 1 behavior is established if an animal at-large is found to menace, chase, display threatening or aggressive behavior, or otherwise threaten or endanger the safety of any domestic animal.
(2) Level 2 behavior is established if an animal at-large is found to menace, chase, display threatening or aggressive behavior, or otherwise threaten or endanger the safety of any person.
(3) Level 3 behavior is established if an animal, while confined due to posing a significant threat as determined by an ACO or Police Officer, aggressively bites or causes physical injury less than serious injury to any person.
(4) Level 4 behavior is established if an animal, while at-large, aggressively bites or causes physical injury less than serious injury to any person or domestic animal.
(5) Level 5 behavior is established if:
A. An animal, whether or not confined, causes the serious injury or death of any person; or
B. An animal, while at-large, kills or causes serious injury to any domestic animal; or
C. An animal engages in or is found to have been trained to engage in exhibitions of fighting; or
D. An animal that has been classified as a Level 3 or 4 dangerous animal repeats the behavior described in subsection (3) and (4) of this section after the owner receives notice of the classification level.
(6) Notwithstanding subsection (1) through (5) of this section, the ACO or a Police Officer shall have discretionary authority to refrain from classifying an animal as potentially dangerous or dangerous even if the animal has engaged in the behaviors specific in subsections (1) through (5) of this section, if the ACO or Police Officer determines that the behavior was the result of:
A. A person trespassing on the property of the animal's owner;
B. A person provoking or tormenting the animal;
C. The animal 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; or
D. An injury to the animal.
(c) Identification of Potentially Dangerous, Animals; Appeals; Restrictions Pending Appeal.
(1) The ACO or a Police Officer shall have authority to determine the classification of any animal. This determination shall be based upon an investigation that includes a person's observation of, and testimony regarding, the animal's behavior, including the animal's upbringing and control of the animal. These observations and testimony can be provided by ACO’s or by other witnesses who personally observed the behavior. The witness(es) shall sign a written statement attesting to the observed behavior and agree to provide testimony, if necessary, regarding the animal's behavior.
(2) The ACO shall notify the owner or agent in control by certified mail or personal service of the animal's behavior and classification as a potentially dangerous or dangerous animal and of the additional restrictions applicable to that animal by reason of its classification. If the owner denies that the behavior in question occurred, proceedings may begin pursuant to Act 426 of the Pubic Acts of 1988, as amended, being Sections 287.321 - 287.323 of the Michigan Compiled Laws (MSA 12.545(1) - 12.545(3)).
(3) Once the owner has received notice of the animal's classification as a Level 1, 2, 3 or 4 animal pursuant to Section 608.28(b), the owner shall comply with the restrictions specified in the notice.
(4) If the ACO finds that an animal has engaged in Level 5 behavior, he shall order the owner to immediately turn the animal over to the facility with whom the City contracts to provide animal shelter services, an incorporated humane society, or a licensed veterinarian, at the owner’s option, to be retained until a hearing regarding the disposition of the animal. The owner shall notify the person who retains the animal of the pending hearing and shall notify the ACO as to where the animal is to be held. The expense of the boarding, veterinary care, testing for rabies, and retention of the animal is the obligation of the animal’s owner.
(5) The imposition of regulations pursuant to this section shall not prevent an ACO from also filing a complaint with the District Court.
(d) Regulation of Potentially Dangerous Animals: In addition to the other requirements of this chapter, the owner of a potentially dangerous animal shall comply with the following regulations:
(1) If the animal has engaged in Level 1 behavior, the animal shall be restrained by a physical device or structure that prevents the animal from reaching any public sidewalk or adjoining property whenever that animal is outside the owner's home and not on a leash. The Chief of Police may adopt administrative rules establishing specifications for the required device or structure.
(2) If the animal has engaged in Level 2 behavior, the owner shall confine the animal within a secure enclosure whenever the animal is not held on a leash or inside the home of the owner. The secure enclosure must be located so as not to interfere with the public's legal access to the owner’s property.
(3) If the animal has engaged in Level 3 behavior, the owner shall meet the requirements of subsection (2) of this section, and shall also post warning signs on the property in conformance with administrative rules to be adopted by the Chief of Police.
(4) If the animal has engaged in Level 4 behavior, the owner shall meet the requirements of subsection (2) and (3) of this section and shall not permit the animal to be off the owner's property unless the animal is muzzled and restrained by an adequate leash and under the control of the owner or agent in control, or is within a securely fastened enclosed structure.
(5) Any animal that has been found to have engaged in Level 5 behavior as described in Section 608.28(b), may be euthanized upon a court order sought by Animal Control. After a show cause hearing the court shall order the destruction of the animal, at the expense of the owner if the animal is found to be a dangerous animal that caused serious injury or death to a person or an animal.
(6) The court may order the destruction of the animal, at the expense of the owner, if the court finds that the animal is a dangerous animal that did not cause serious injury or death to a person but is likely in the future to cause serious injury or death to a person or in the past has been adjudicated a dangerous animal.
(7) To insure correct identification, all animals that have been classified as dangerous shall have a microchip placed in the animal, at the owner’s expense, by or under the supervision of a licensed veterinarian and the microchip number shall be provided to Animal Control in writing within seven days of placement. The microchip shall be placed in the area recommended by the veterinarian in conjunction with the type of animal being micro chipped.
(e) Reporting of Potentially Dangerous or Dangerous Animal: Any person who observes or has evidence of dangerous animal behavior shall forthwith notify the Animal Control Division.
(Ord. 04-2017. Passed 5-16-17.)