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610.19   ANIMAL BEHAVIOR.
   (a)   Quarantine. Every animal that has bitten a person/animal shall be quarantined for a period of not less than ten (10) days. Such quarantine shall be at the Macomb County Animal Control, a veterinary office, or a place designated by the Director. The owner shall surrender the dog to the Director upon request. Should the owner refuse to cooperate, the Director may seek a court order or warrant to enforce the quarantine in accordance with Sections 2241 and 2242 of the Public Health Code.
   (b)   Public Health Hazard. The Director may declare any animal that is known to have bitten a person or other animal, or be infected with/exposed to a zoonotic disease, a public health hazard. At their discretion, the Director may require that the animal be removed from the community, quarantined or confined in a manner specified by the Director. Should the owner refuse to cooperate, the Director may seek a court order or warrant to enforce the removal, quarantine, or confinement in accordance with Sections 2241 and 2242 of the Public Health Code. The Director shall give written notice to the owner of their intent to petition a court of competent jurisdiction for authorization to euthanize or otherwise dispose of the animal. The owner shall then have forty-eight (48) hours to respond before the petition is filed.
   (c)   Defecation. A person who owns or has custody or control of an animal shall prevent the animal from defecating on any public or private property other than their own or shall immediately collect and properly dispose of all fecal matter deposited by the animal while it is off his property.
   (d)   Nuisance or Dangerous Animal. A person who owns or has custody of an animal shall prevent the animal from engaging in nuisance or dangerous behavior. An animal running at large, on public or private property other than that of its owner or keeper, whose behavior constitutes a nuisance shall include, but not be limited to:
      (1)   Making physical contact with a person or other animal in a harassing manner;
      (2)   Urinating or defecating;
      (3)   Damaging inanimate personal property;
      (4)   Incessant barking as to unreasonably disturb the peace:
         A.   Evidence that the dog(s) has/have barked or howled for an aggregate period of twenty (20) minutes out of one (1) hour shall be sufficient for conviction. If the nuisance barking or howling complaint is determined to be provoked by any other animal or nearby pedestrian(s), it may be excluded from the aggregate time if the owner:
            (i)   Provides documentation that the provocation exists and cannot be avoided; and
            (ii)   Takes remedial steps to change the environment of the dog(s) and abate the nuisance within a three-month period from the date of the complaint,
         B.   Upon evaluation of the report, if in the opinion of the animal control officer the dog is creating a nuisance by barking or howling incessantly or continuously, the animal control officer shall issue a citation to the owner of said animal for a violation of this section. Such violation shall be an infraction. Personal appearance before the court shall be mandatory.
   (e)   Potentially Dangerous Dog. The purpose of this section is to establish a procedure for identifying dogs that pose a potential or significant threat to the safety of people, animals, or property, to impose precautionary restrictions on such dogs in an effort to prevent a serious injury from occurring, and to promote responsible ownership of all dogs within the County.
      (1)   Determination of a Potentially Dangerous Dog. The determination that a dog is potentially dangerous shall be based on the following specific behaviors exhibited by the dog:
         A.   Menaces, chases, displays threatening or aggressive behavior toward, or otherwise threatens or endangers the safety of a person or domestic animal.
         B.   Causes injury to a person or domestic animal that is less than a severe injury. For purposes of this section, the term "severe" injury means permanent, serious disfigurement, serious impairment of health, or serious impairment of a bodily function.
         C.   Aggressively bites a person or domestic animal. For purposes of this section, the term "aggressively bites" means the dog physically bit the person or animal in a manner not normally associated with playfulness or accidental behavior while exhibiting objective signs of aggression, attack behavior, or intent to harm. The damage inflicted by a bite, or lack thereof, may also be used by animal control officials as a factor in determining whether a bite was aggressive.
         D.   Any of the behaviors listed above exhibited in another community and documented in an official report of any law enforcement or animal control agency.
      (2)   Notice of Determination. An Animal Control Deputy shall have the authority to make a determination that a dog is potentially dangerous if the Animal Control Deputy concludes the dog has exhibited the behaviors specified in this section. The owner or keeper of a dog determined to be potentially dangerous shall be provided with a notice containing the following information:
         A.   A summary of the findings that form the basis for the determination that the dog is potentially dangerous.
         B.   Notice of requirements necessary to possess a potentially dangerous dog in the municipality or County.
         C.   Notice of the right to request removal of the potentially dangerous classification after the dog has resided and been licensed within the County for a minimum of three (3) full years following the date that the dog is licensed with the County as a potentially dangerous dog without any violations of the conditions required for keeping the potentially dangerous dog and without any new incidents involving behavior by the dog that would qualify for a potentially dangerous determination pursuant to this section. The removal request shall be sent in writing to animal control. The decision to remove the potentially dangerous classification shall be made in the first instance by animal control upon a review of the history of the dog and its residence for the three (3) years preceding the date of the removal request, including a premises inspection and an inspection of the dog to ensure that the conditions set forth in this section have been followed.
      (3)   Mitigating Circumstances. An Animal Control Deputy shall have discretion to refrain from making a potentially dangerous determination if the Animal Control Officer determines that the behavior was the result of the victim abusing or tormenting the dog, was directed toward a trespasser or person committing or attempting to commit a crime, involved accidental or instinctive behavior while playing, did not involve a significant injury, or other similar mitigating or extenuating circumstances.
      (4)   Impoundment. A dog that is determined to be potentially dangerous shall be removed from the municipality and placed with the Department or, in the discretion of Animal Control, the owner may authorize placement of the dog at a residential home outside of the Township, or with a qualified rescue organization or qualified dog lodging business, during any quarantine period and until the owner has either confirmed a new place of residence for the dog outside of the Township. If the dog is not being housed at the Department, it must first be microchipped with all information required by Animal Control. All impoundment, lodging, and microchipping costs are the sole responsibility of the dog's owner.
      (5)   Requirements for Possession of a Potentially Dangerous Dog. If the owner of the dog requests that the dog be permitted to return to the Township, its return shall not be permitted until the following requirements have been satisfied:
         A.   Animal Control shall confirm the following:
            (i)   The owner or keeper shall install secure fencing at the property where the dog will reside which is maintained in good repair with self-locking ingress or egress gates. The fencing may be any combination of chain link fencing and/or privacy fencing, shall only be installed upon obtaining all required fence permits from the Township, and shall pass all required inspections prior to the dog's return to the property.
            (ii)   When removed from the property of the owner or keeper, a potentially dangerous dog shall always be restrained by a secure leash of no more than four (4) feet in length and under the control of a capable person.
            (iii)   A potentially dangerous dog shall have a microchip implanted by a licensed veterinarian. The microchip shall contain the name and approximate age of the dog, its classification as potentially dangerous, and the name, address, and telephone number of the registered owner.
            (iv)   The owner shall obtain and maintain public liability insurance with policy coverage in the minimum amount of two hundred fifty thousand dollars ($250,000).
            (v)   Two (2) recent color photographs of the dog, which clearly show the color and approximate size of the animal, shall be provided to Animal Control.
            (vi)   The potentially dangerous dog shall meet the requirements of the AKC's Canine Good Citizen Program, or its equivalent, to the satisfaction of Animal Control. Dogs that are under one (1) year of age are ineligible for the AKC Canine Good Citizen Program, so such dogs must be enrolled in or have completed the AKC START Program or an equivalent approved by Animal Control. The dog may not return to its Township residence until these requirements have been met, but it may be kept at a qualified rescue or dog housing business until proof of successful completion of the program is submitted to, and acknowledged by, Animal Control. For every future violation of this chapter for which a dog may be determined to be potentially dangerous which occurs after the dog has completed the requirements of this subsection and been properly registered under this section, additional training or testing, including but not limited to renewing the dog's compliance with this division, may be imposed by Animal Control as a condition of continuing to keep the dog within the Township unless the dog's status is changed to dangerous due to the nature or frequency of the new violation(s).
            (vii)   The potentially dangerous dog, if over twelve (12) weeks old, has been spayed or neutered.
            (viii)   All impoundment and lodging costs have been paid by the owner.
         B.   Before the dog returns to any property within the Township other than a qualified rescue organization or a boarding business, the owner of a potentially dangerous dog shall ensure that the dog's license is current and shall register the dog with the Macomb County Animal Control as a potentially dangerous dog with all information required by the these best practices, as well as the following:
            (i)   Proof of Animal Control's certification that the required fence, self-locking gate, and leash have all been procured for the dog.
            (ii)   Proof of microchipping and the information contained on the microchip. The owner shall ensure that the microchip information is kept up to date.
            (iii)   Proof of the required insurance policy.
            (iv)   Proof of the successful completion of the required training and temperament testing.
            (v)   Two (2) recent color photographs of the dog, which clearly show the color and approximate size of the animal.
         C.   The owner or keeper of a potentially dangerous dog must, within ten (10) business days, report to the Macomb County Animal Control if the dog has been permanently removed from the Township, has died, or has relocated within the Township. The new address of a relocated potentially dangerous dog shall be provided as part of the report.
         D.   After its initial registration, a potentially dangerous dog shall be registered with the Department annually and its owner or keeper shall pay a registration fee established by the Macomb Office of the County Executives annual discretionary fees approval process. This registration and fee shall be in addition to any other requirements for annual licensing of an animal.
      (6)   Visiting Dogs. Any dog that does not reside within the municipality and is licensed by another community but which is determined to be a potentially dangerous dog pursuant to this section shall not be subject to the conditions for possessing a potentially dangerous dog within the municipality, except that the dog shall be microchipped before its release, all impound and microchipping costs shall be paid by the owner, and its owner and keeper shall be advised by Animal Control that the dog is not to return unless all of the conditions for possessing a potentially dangerous dog are first satisfied. In the event the dog is subsequently in the municipality without full compliance with the requirements for possessing a potentially dangerous dog, the person harboring or possessing the dog shall be subject to the penalties set forth in this subchapter.
      (7)   Penalties. Any person who owns, harbors, keeps, or possesses a potentially dangerous dog in violation of any of the requirements of this section for possessing a potentially dangerous dog, or who in any way aids or abets such ownership, harboring, keeping, or possession, shall be in violation set forth in this subchapter.
(Ord. 484. Passed 2-27-23.)
610.20   KEEPING OF ANIMALS.
   (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.)
610.21   ANIMALS ON DISPLAY.
   (a)   Performing Animal Exhibitions. No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering.
      (1)   If you have animals on display to the public or conduct performances featuring animals, you must become licensed as an exhibitor, unless you fall under one of the exemptions defined by the USDA Animal Welfare Act.
         A.   Exceptions. The provisions of this section shall not apply to animals participating in 4-H or FFA events, or those showcased in breed shows.
      (2)   Exhibitors must supply a public safety and recapture plan, including but not limited to a listing of all drugs and equipment the exhibitor will use in the event of an emergency; the specific names of staff member(s) certified to use the equipment and controlled substances; and an emergency action plan. This plan must be approved by the local law enforcement agency.
      (3)   Any owner exhibiting animals doing tricks or shows must be licensed, unless one of the exemptions applies. This includes each person owning animals performing in circuses, marine mammal shows, amusement parks, carnivals, independent animal acts, television shows, movies, or educational exhibits. All animals must receive the same quality of housing and other care, regardless of whether they are currently performing.
      (4)   Businesses that buy or sell warm-blooded animals, exhibit them to the public, transport them commercially, or use them for research, teaching, testing, or experiments, must be licensed and/or registered by the U.S. Department of Agriculture (USDA). Animals involved in interstate transport will be required to have a valid Certificate of Veterinary Inspection.
   (b)   Farm Animals/Petting Farms. In any municipality where the keeping of farm animals or petting zoos are permitted as part of agriculture or accessory to a permissible dwelling, they are subject to the following requirements:
      (1)   Before the operation is conducted the owner/operator shall submit sufficient information/receive final approval to/from the proper municipal offices (zoning/building administrator) stating that the property upon which the operation is proposed to be sited.
      (2)   Before the operation commences/final approval, the owner/operator shall submit a site plan to the municipality (zoning/building administrator) with sufficient detail and measurements for the administrator to determine compliance with this subchapter. The site plan shall include the number and breed of animals proposed for the operation.
      (3)   The owner/operator must comply with the Michigan Department of Agriculture (MDARD) and United States Department of Agriculture (USDA) requirements for exhibitors of farm animals/petting farms involving livestock and the Generally Accepted Agricultural Management Practices (GAAMPs) mandated by the Michigan Right to Farm Act (Act 93 of 1981, as amended).
      (4)   The recommendations in the most recent GAAMPs for site selection and odor control for new and expanding livestock facilities and in accordance with such additional rules, regulations and guidelines as may from time to time be established by the State Agriculture Commission or other appropriate state agency in accordance with Michigan Right to Farm Act, Public Act No. 93 of 1981 (M.C.L.A. 286.471 et seq.).
      (5)   Unreasonable odors, dust, noise and drainage shall be controlled so as to not become a nuisance, hazard or annoyance to adjoining residents or the general public and remain in compliance of all municipal ordinances.
      (6)   Animal manure shall be stored and treated in accordance with recognized applicable standards and specifications including the construction and design standards and specifications set forth in the GAAMPS and applicable field office technical guides of the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS).
      (7)   Barns, shelters, pens, paddocks, riding rings/arenas, and pastures for livestock shall be located/erected in accordance with all local and state requirements.
      (8)   All buildings, structures, enclosed areas, feedlots (excluding land used only for pasture purposes), and equipment associated with the conducting of the livestock operation, including animal shelter and waste storage facilities, shall have property line setbacks consistent with those established in the GAAMPS for site selection and odor control for new and expanding livestock facilities.
      (9)   The provisions of Chapter 610.13 of the Code of Ordinances take precedence over the provisions of this subchapter if there are any inconsistencies between these provisions.
(Ord. 484. Passed 2-27-23.)
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