(a) Definitions. The following words and phrases shall have the meanings as set forth:
(1) “Adequate care” means the provision of sufficient food, water, shelter, sanitary conditions and veterinary medical attention in order to maintain an animal in a state of good health.
(2) “Animal” means one or more of the vertebrates other than a human being.
(3) “Licensed veterinarian” means a person licensed to practice veterinary medicine under Article XV of the Public Health Code Act, 368 of the Public Acts of 1978, being M.C.L.A. 333.18801 to 333.18838.
(4) “Livestock” has the same meaning attributed to the term in the Animal Industry Act of 1987, Act No. 466 of the Public Acts of 1988, being M.C.L.A. 287.701 to 287.747.
(5) “Person” means an individual partnership, limited liability company, corporation, association, governmental entity, or other legal entity.
(6) “Neglect” means to fail to sufficiently and properly care for an animal to the extent that the animal’s health is jeopardized.
(7) “Sanitary conditions” means space free from health hazards including excessive animal waste, overcrowding of other animals, heat, dampness, or other conditions that endanger the animal’s health.
(8) “Shelter” means adequate protection from the elements suitable for the age and species of animal and weather conditions to maintain the animal in a state of good health.
(9) “State of good health” means freedom from disease, illness and in a condition of proper body weight and temperature for the age and specie of the animal.
(10) “Water” means portable water suitable for the age and species of the animal, clean and sanitary and made regularly available.
(b) It shall be unlawful for any person to either willfully, maliciously, or without just cause or excuse, kill, torture, mutilate, maim, or disfigure an animal, or to either willfully, or maliciously, or without just cause or excuse, poison an animal or expose an animal to any poisonous substance other than a substance that is used for therapeutic veterinary medical purposes in compliance with such purposes.
(c) An owner, possessor, or person having charge or custody of an animal shall not do any of the following:
(1) Fail to provide an animal of adequate care.
(2) Cruelly drive, work, or beat an animal, or cause an animal to be cruelly driven, worked, or to be beaten.
(3) Carry or cause to be carried in or upon a vehicle, or otherwise any live animal having their 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.
(4) A carrier caused 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 such animal may stand and in which other animals may stand, turn around and lie down during transportation, or while awaiting slaughter. Stand means sufficient vertical distance to allow the animal to stand without its shoulders touching the top of the crate or transportation vehicle.
(5) 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, walking, hiking, or hunting, shall not be regarded as abandoned under this section when the owner or custodian has made a reasonable effort to locate the animal.
(6) 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.
(d) For any violation of any section within this subchapter, the court may order the defendant to pay the cost of the prosecution and cost of the care, housing, and veterinary medical care for the impacted animal victim.
(e) Exceptions. This section does prohibit the lawfully killing of an animal pursuant to any provision of the Code of Ordinances of the Township, or pursuant to any of the following:
(1) Lawful killing of livestock, or a customary animal husbandry, or farming practice involving livestock.
(2) Pest, or rodent control regulated compliant with applicable law.
(3) The lawful killing or use of an animal for scientific research in accordance with applicable State law.
(Ord. 409. Passed 12-15-14.)