For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADEQUATE CARE.  The provision of sufficient food, water, shelter and medical attention to maintain an animal in a state of good health.
   AGENT IN CONTROL.  That person (s) having temporary custody and/or responsibility of said animal.
   AGGRESSIVE ANIMAL.  An animal that exhibits menacing behavior on public or private property including that of its owner or keeper. Menacing behavior shall include, but not be limited to: charging, scratching, toppling, teeth-baring, snapping, growling, or other predatory mannerisms, directed at a person or other animal in a place where the person or other animal is legally entitled to be.
   ANIMAL.  Any vertebrate other than human beings.
   ANIMAL CONTROL.  Those persons under the supervision of the Sheriff assigned to enforce the provisions of this subchapter.
   ANIMAL AT LARGE.  The unrestrained wandering or roaming of any animal on a public walkway, roadway, highway or on property not owned or leased by its owner. Also includes animals on their owner’s property not under direct control or sight of the owner.
   ANIMAL SHELTER MANAGER or MANAGER. The person, under the general supervision of the County Administrator/Controller, who oversees the daily operation of the animal shelter. He or she is responsible for preparing and monitoring the departmental budget and ensuring compliance with appropriate legislation, supervises the work of employees at the animal shelter, and assists in any classification as necessary.
   ANIMAL CONTROL OFFICER.  The person under the supervision of the County Sheriff who shall enforce this subchapter and the laws of the state regarding domestic animal control, dangerous domestic animals, and protection of the people and domestic animals of the county.
   APPROVED VACCINE.  A veterinary biological that is administered to an animal to induce immunity in the recipient and that is licensed by the United States Department of Agriculture and approved by the State Veterinarian for use in this state pursuant to the Animal Industry Act of 1987, Act 466 for Public Act of 1988, being M.C.L.A. §§ 287.701 to 287.747.
   ATTACK.  The intent to cause injury or otherwise forcefully endanger the safety of people or other animals.
   BOARD OF COMMISSIONERS.  The County Board of Commissioners.
   CAT. An animal of any age of the species Felis Catus.
   COUNTY.  County of Jackson, State of Michigan.
   DANGEROUS ANIMAL.  An animal that bites or otherwise causes serious injury to a person or other animal on public or private property where the injured person or other animal is legally entitled to be, including the property of the animal’s owner or custodian. An animal that is intentionally trained or conditioned to fight or guard, except for animals trained for law enforcement or service purposes while engaged in the activities for which they were trained, shall be considered a dangerous animal.
   DAY.  Any day the county government offices are scheduled to conduct business. It shall not include any Saturday, Sunday or holiday designated by the Board of Commissioners.
   DIRECT CONTROL.  A situation in which a person, whether by voice command, or physical tether, can immediately affect or alter the actions of an animal so as to ensure that the animal does not trespass or otherwise violate this subchapter.
   DOG.  An animal of any age solely of the species Canis Familaris or Canis Lupus Familiaris.
   DOMESTIC ANIMALS.  Those animals that have traditionally, through a long association with humans, lived in a state of dependence upon humans or under the dominion and control of humans and which have been kept as tame pets, raised as livestock, or used for commercial breeding purposes.
   EUTHANASIA.  The humane destruction of an animal accomplished by a method not prohibited by law that produces rapid unconsciousness and subsequent death without evidence of pain or distress, or a method that utilizes anesthesia produced by an approved agent that causes painless loss of consciousness and subsequent death.
   EXCEPTIONS.  An animal shall not be considered a nuisance, aggressive or dangerous animal where its act is caused by: an illness or injury suffered by the animal at the time of the act; the negligent or reckless conduct of any person to whom the act is directed; lawful hunting while the animal is under the control of its owner or custodian; or defense of the animal’s owner, or members of the owner’s family or household, or their property.
   EXHIBITION OF FIGHTING.  A public or private display of combat between two or more animals in which the fighting, killing, maiming or injury of animals is a significant feature. It does not include demonstrations of the hunting or tracking skill of an animal or their lawful use for hunting, tracking, or self-protection.
   FARM.  The land, plants, animals, buildings, structures, including ponds used for agricultural or aquacultural activities, machinery, equipment and other appurtenances used in the commercial production of farm products.
   FARM DOG.  A dog or dogs owned and used for aiding a person engaged in a farm operation which remains on the property used for the farm operation.
   FARM OPERATION.  The operation and management of a farm or a condition or activity that occurs at any time as necessary on a farm in connection with the commercial production, harvesting, and storage of farm products.
   FARM PRODUCT.  Those plants and animals useful to human beings. Produced by agriculture and includes, but is not limited to, forages and sod crops, grains and feed crops, field crops, dairy and dairy products, poultry and poultry products, cervidae, livestock, including breeding and grazing, equine, fish, and other aqua cultural products, bees and bee products, barrier, herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock, trees and tree products, mushrooms, and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur, as determined by the Michigan Commission of Agriculture.
   GROOM.  To clean or care for.
   HARBOR.  To feed or shelter an animal(s) for three or more consecutive calendar days.
   HUNTING.  Allowing a dog to range freely within sight or sound of its owner while in the course of hunting legal game.
   KENNEL.  Any facility, except a duly licensed pet shop, where three or more dogs are kept for breeding, sale, sporting, boarding or training purposes, for remuneration of any sort, cash, barter or trade.
   LARGE CARNIVORE.  Either of the following:
      (1)   Any of the following cats of the Felidae family, whether wild or captive bred, including a hybrid cross with such a cat:
         (a)   A lion;
         (b)   A leopard, including, but not limited to, a snow leopard or clouded leopard;
         (c)   A jaguar;
         (d)   A tiger;
         (e)   A cougar;
         (f)   A panther; or
         (g)   A cheetah.
      (2)   A bear of a species that is native or normative to this state, whether wild or captive bred.
   LAW ENFORCEMENT OFFICER.  Any person employed or elected by the people of the state, or by any municipality, county, or township, whose duty it is to preserve peace or to make arrests or to enforce the law and includes conservation officers and state police.
   LIVESTOCK.  Horses, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kids and swine, and fur-bearing animals being raised in captivity.
   MCL.  Michigan Compiled Laws.
   MUTILATE.  To destroy or disfigure a body part.
   MUZZLE.  A device that when fitted upon an animal prevents it from biting any person or animal and which is made in a manner that will not cause injury to the animal or interfere with its vision or respiration.
   NEGLECT. To fail to sufficiently and properly care for an animal to the extent that the animal’s health is jeopardized.
   NUISANCE ANIMAL.  An animal running at large, on public or private property other than that of its owner or keeper, whose behavior constitutes a nuisance. Nuisance behavior shall include, but not be limited to making physical contact with a person or other animal in a harassing manner; urinating or defecation; or damaging manimate personal property.
   OFFICIAL INTERSTATE HEALTH CERTIFICATE or OFFICIAL INTERSTATE CERTIFICATE OF VETERINARY INSPECTION.  A printed form that records the information required by state law and is issued within 30 days before importation of the animal it describes.
   OWNER.  A person having a right of property ownership in an animal, who keeps or harbors the animal or has the animal in his or her care or custody, or who permits the animal to remain on or about any premises occupied by the person. An OWNER does not mean a person who harbors an animal in the course of conducting a boarding, grooming, or training business, or a veterinary hospital, or a person who harbors an animal in violation of Act 309 of Public Act of 1939, being M.C.L.A. §§ 287.301 to 287.308.
   OWNER’S AGENT.  An individual authorized in writing by the owner or lessee of an animal to intervene on behalf of the owner or lessee to protect the animal, except in cases where the animal is in imminent danger of harm, in which case no written authorization is required.
   PERSON.  An adult individual, partnership, corporation, cooperative, association, joint venture or other legal entity.
   PET.  Any animal kept for pleasure rather than utility.
   POULTRY.  All domestic fowl, ornamental birds, and game birds possessed or being reared under authority of a breeder’s license pursuant to Part 427 Breeders and Dealers of the Natural Resources and Environmental Protection Act, being Act 451 of Public Act of 1994, being M.C.L.A. §§ 324.42701 to 324.42714.
   PROVOKE.  To perform a willful act or omission that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack of an ordinary dog or animal.
   QUARANTINE.  A state of enforced isolation. To detain in or exclude by quarantine, to isolate from normal relations or communication. An animal that has bitten or scratched shall be kept in the owner’s home or a secure structure that would not allow any other person or animal to come in contact with, except family members. Animals may be quarantined at a veterinarian’s office or the animal shelter.
   RABIES SUSPECT ANIMAL. Any animal, which has been determined by the Michigan Department of Community Health to be a potential rabies carrier and which has bitten or scratched a human, or any animal which has been in contact with or bitten by another animal which is a potential rabies carrier, or any animal which shows symptoms of rabies.
   SANITARY CONDITIONS.  Space free from health hazards including excessive animal waste, overcrowding of animals, or other conditions that endanger the animal’s health. This does not include a condition resulting from a customary and reasonable practice pursuant to farming and animal husbandry.
   SECURE STRUCTURE.  A four-sided structure with an enclosed top constructed of the same material as the sides. The sides must be at least six feet high with a concrete or buried fence floor. The door must be locked at all times.
   SERIOUS INJURY.  Permanent, serious disfigurement, serious impairment of health or serious impairment of a bodily function of a person.
   SERVICE DOG.  Any dog which is trained or being trained to aid a person who is blind, deaf or audibly impaired, or otherwise per M.C.L.A. § 287.291 (Public Act 207 of 1970).
   SHELTER.  Adequate protection from the elements, suitable for the age and species of the animal to maintain the animal in a state of good health, including structures or natural features such as trees and topography. SHELTER is not required for livestock if there is a natural wind break such as a grove of trees.
      (1)   Dogs shall have a waterproof four-sided structure, of appropriate size with a roof and floor.
      (2)   Livestock shall have a sound, three-sided, roofed structure of appropriate size or wind break providing equivalent protection.
   SHERIFF.  The County Sheriff or his/her designee.
   STATE. The State of Michigan.
   STATE OF GOOD HEALTH.  Free from disease and illness, and in a condition of proper body weight and temperature for the age and species of the animal, unless the animal is undergoing appropriate treatment.
   STERILIZED.  An animal which has, by virtue of a surgically performed castration or ovariohysterectomy or other recognized veterinary procedure, been rendered incapable of sexual reproduction.
   THREATEN.  To give sign or warning of danger.
   TORMENT.  To cause, by an act or omission, unjustifiable pain, suffering, or distress to an animal, or cause mental and emotional anguish in the animal as evidenced by its altered behavior for a purpose such as sadistic pleasure, coercion, or punishment that an ordinary and/or reasonable person would conclude is likely to precipitate a bite or attack.
   TORTURE.  To cause either severe physical or mental suffering.
   TREASURER.  The Treasurer of the County of Jackson.
   VETERINARIAN.  A person licensed to practice veterinary medicine as required in or under the Public Health Code, Act 368 of Public Act of 1978, being M.C.L.A. § 333.18811, or such other applicable state or federal law.
   WATER.  Sufficient drinkable water that is suitable for the age and species of the animal and made regularly available unless otherwise directed by a licensed veterinarian.
   WOLF.  An animal of the species Canis Rufus or Canis Lupus but does not include an animal of the species Canis Lupus Familiaris.
   WOLF-DOG CROSS.  A canid resulting from the breeding of any of the following:
      (1)   A wolf with a dog;
      (2)   A wolf-dog cross with a wolf;
      (3)   A wolf-dog cross with a dog; or
      (4)   A wolf-dog cross with a wolf-dog cross.
(Ord. 31, passed 4-9-2018)