(a) General Best Practices. Every person who owns or who has charge, care or custody of an animal shall comply with each of the following requirements:
(1) Feeding. Each animal shall be supplied with sufficient, good, wholesome food and water as established by USDA Animal Welfare Act and best practices.
(2) Cleanliness. All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition.
(b) Unattended Animals. No animal shall be without attention/supervision for an unreasonable period of time.
(c) Severe Weather Conditions. It shall be unlawful for any person to leave any dog outside and unattended during any period in which any severe weather warning has been issued for Macomb County, Michigan by the National or Local Weather Service for an unreasonable amount of time, if the temperature during such period remains entirely either below 32° F, or above 90° F. "Outside," for purposes of this section, shall mean any dog that is outdoors subject to the weather and elements, which expressly includes, but is not limited to, a dog in a securely fenced-in yard, a dog in a carrier, or a dog tethered or tied-out. The dog shall be considered "outside" regardless of access to an outdoor doghouse or similar structure, unless such structure is a properly functioning climate-controlled and weather-resistant structure.
(1) Dangerous Surroundings. No condition shall be maintained or permitted that is, or could reasonably be expected to be, injurious to the animal.
(2) Teasing. Every reasonable precaution shall be taken to ensure that animals are not teased, abused, mistreated, annoyed, tormented or made to suffer by any person or means.
(3) Protection. All reasonable precautions shall be taken to protect the public from animals and animals from the public.
(4) Sick Animals. Every animal facility shall isolate sick animals sufficiently so as not to endanger the health of other animals.
(5) Ventilation and Light. Every building or enclosure where animals are maintained shall be constructed of materials easily cleaned and shall be kept in a sanitary condition. The building shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required according to the physical needs of the animals with sufficient light to allow observation of the animals.
(6) Veterinarian Attention. The owner or custodian shall take an animal to a veterinarian for an examination and treatment if the Director finds this is necessary in order to maintain the health of the animal and so orders.
(7) Cages. All animal rooms, cages, kennels, and runs shall be of sufficient size to provide adequate and proper accommodation for the animals.
(8) Shelter. Proper shelter of suitable size and protection from the weather shall be provided at all times as established by USDA Animal Welfare Act and regulations.
(9) Structural Strength, Housing facilities for animals shall be structurally sound and shall be maintained in good repair to protect the animals from injury, contain the animals and restrict the entrance of other animals.
(10) Tethering. It shall be unlawful for any person to attach chains or tethers, restraints or implements directly to a dog without the proper use of a collar, harness or other device designed for that purpose and made from a material that prevents injury to the animal. In addition, no person shall:
A. Tether a dog without the continuous presence of an adult on the premises at all times that the dog is restrained; or
B. Leave a dog outdoors without the continuous presence of an adult on the premises at all times; or
C. Tether a dog unless the tether is a coated steel cable specifically designed for restraining dogs and is at least three (3) 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 specifically designed for tethering, with a swivel attached to both ends, done in such a manner as to not cause injury, strangulation or entanglement of the dog on fences, trees, another tethered dog, or any other manmade or natural objects; or
D. Tether more than one (1) dog to a single tether or tether one (1) dog to a single tether that would allow the dog to come within three (3) feet of another tethered dog or a property line; or
E. Continuously tether a dog for more than two (2) continuous hours, except that tethering of the same dog may resume after a hiatus of three (3) continuous hours, for up to three (3) hours total time on tether per day; or
F. Use a tether or any assembly or attachments thereto to tether a dog that shall weigh more than one-eighth () of the animal's body weight, or due to weight, inhibit the free movement for the animal within the area tethered; or
G. Tether a dog on a choke chain or in such a manner as to cause injury, strangulation, or entanglement of the dog on fences, trees, or other man made or natural obstacles; or
H. Tether a dog without access to shade when sunlight is likely to cause overheating; or appropriate shelter to provide insulation and protection against cold and dampness when the atmospheric temperature falls below 40°F, or to tether a dog without securing its water supply so that it cannot be tipped over by the tether; or
I. Tether a dog in an open area where it can be teased by persons or an open area that does not provide the dog protection from attack by other animals; or
J. Tether an animal in an area where bare earth is present and no steps have been taken to prevent the surface from becoming wet and muddy in the event of precipitation.
(d) Leaving Animal in Unattended Vehicle. It shall be unlawful to leave or confine an animal in an unattended motor vehicle under conditions that endanger the health or well-being of the animal. A person owes a duty of care to an animal that the person leaves confined in an unattended vehicle.
(1) No police officer, Animal Control Deputy or firefighter who enters into an unattended vehicle in order to rescue an animal, nor the employer of any such person, shall be liable for any damage caused by the rescue, provided that the person:
A. Prior to entry, makes a reasonable effort to locate the person who owes a duty of care to the animal.
B. Acts under a reasonable belief that the animal is in severe physical distress.
C. Takes reasonable steps to ensure or restore the well-being of the animal.
D. Leaves a note on or in the vehicle directing the person to the law enforcement agency having custody of the animal including the address where the animal can be located.
(2) The immunity provided shall apply regardless of whether the person is charged with or found guilty of committing an offense under this section.
(e) Cruelty. In accordance with M.C.L.A. 750.50b, it shall be unlawful for a person to perform acts of cruelty on an animal, including but not limited to the following:
(1) Beating. No person shall beat, kick, hit, bite, burn, or in any manner cause an animal to suffer needlessly.
(2) Injury. No person shall cause abusive injury to an animal.
(3) Teasing. No person shall tease or entice a dog or other animal.
(4) Alcohol. No person shall give an animal any alcoholic beverage or controlled drug unless prescribed by a veterinarian.
(5) Incompatible Animals. No person shall allow animals, which are natural enemies, temperamentally unsuited, or otherwise incompatible to be quartered together, or so near each other as to cause injury, fear, or torment. Animals shall not be considered enemies if two (2) or more animals are trained so that they can be placed together without attacking each other, or performing, or attempting any hostile act toward each other.
(6) Injurious Tack. No person shall allow the use of any tack, equipment, device, substance or material that is, or could be, injurious or cause unnecessary cruelty to an animal.
(7) Proper Exercise. Working animals shall be given exercise proper for the individual animal under the particular conditions.
(8) Working Sick Animals. No person shall work or use any animal that is overheated, weakened, exhausted, sick, injured, diseased, lame, or otherwise unfit.
(9) Female in Heat. No person having a bitch in heat shall permit her to be contained in a fashion that gives stray animals access to her or that permits her to escape.
(10) Confinement. No person shall confine a dog on a chain for an unreasonable time unless the chain permits movement over at least thirty (30) square feet and allows the dog free access to a suitable shelter.
(11) Abandonment. No person shall abandon any animal.
(f) Dangerous or Exotic Animals. No person shall own, possess, breed, exchange, buy, sell or harbor any dangerous or exotic animals without proper Federal, State or Local permits, and municipality approval.
(1) Inspection. An inspection shall be performed by Macomb County Animal Control, regardless of exception, as specified in this subchapter annually, without a warrant, of the premises used for sheltering, harboring, and/or maintaining, except for those portions of the premises used solely for human habitation. The provisions of this section shall not apply to:
A. Exceptions. Exotic animals shall be permitted to organizations and/or entities that are accredited by the American Association of Zoological Parks and Aquariums (AZA).
(g) Wild Animals. Wild animals are not allowed to be confined on any premises in any zoning district without municipality approval except in conjunction with the following situations:
(1) Inspection. An inspection shall be performed by Macomb County Animal Control, regardless of exception, as specified in this subchapter annually, without a warrant, of the premises used for sheltering, harboring, and/or maintaining, except for those portions of the premises used solely for human habitation.
A. Exceptions. The provisions of this section shall not apply to:
(i) Wild animals shall be permitted to organizations and/or entities that are accredited by the American Association of Zoological Parks and Aquariums (AZA).
(ii) Pursuant to a possession permit issued by the state department of natural resources as defined in the Wildlife Conservation Order, in good standing, authorizing temporary noncommercial shelter and/or treatment for an injured or abandoned wild animal until the animal can feasibly be released from captivity.
(h) Community Cats. The preferred method for controlling the community cat population is through Trap-Neuter-Return ("TNR"). TNR is a method for humanely and effectively managing cat colonies and reducing free-roaming cat populations. The process involves trapping the cats in a colony, having them spayed/neutered, ear-tipped for identification, vaccinating against rabies, then releasing them back into their original territory.
(1) All community cats shall be sterilized, ear tipped and vaccinated in accordance with the Trap-Neuter-Return process.
(2) All community cats living in colonies shall be cared for on the private property of the community cat caregiver or with the permission of the property owner or property manager.
(3) All community cats may be managed and maintained by a community cat caregiver under the following requirements:
A. Food. Feeding areas may not be located within thirty (30) feet of a primary residential or commercial structure.
(i) Food shall be provided in the proper quantity for the number of cats being managed and is to be supplied no more than twice per day, for only thirty (30) minutes each feeding time.
(ii) Food must be placed in feeding containers that are maintained and secure.
(iii) All feeding stations shall be kept in a clean, sanitary manner.
(iv) Food may only be placed out between the hours of dawn and dusk. No food shall be left out overnight.
B. Water. Supplied water must be clean, potable, and free from debris and algae.
C. Shelter. If shelter is provided, it shall be unobtrusive, safe, and of the proper size for the cat(s). Shelters may not be located within thirty (30) feet of a primary residential or commercial structure.
(4) Trapping of free-roaming or community cats is permitted only for the purpose of Trap-Neuter-Return unless the community cat is injured and veterinary care is required.
(5) An ear tipped cat received by Animal Control shall be returned to the location where it was trapped with no hold periods, unless veterinary care is required.
(6) There shall be no feeding or community cats unless done in compliance with the County of Macomb's TNR program.
(Ord. 484. Passed 2-27-23.)