(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.)