620.04 DETERMINATION OF A DANGEROUS DOG.
   (a)   Upon receipt of a complaint and after conducting an investigation, the animal review official is authorized to make a determination whether a dog is dangerous based upon the factors listed in Section 620.02(d) and if the investigation determines that the dog is dangerous, the animal review official or police officer shall serve the owner of the dangerous dog a municipal civil infraction.
   (b)   The animal review official or police officer upon determining the dog dangerous will confiscate the dog and shelter the animal at the animal shelter used by the City. All costs of sheltering the animal will be the responsibility of the owner of the dangerous dog unless waived by order of the court. The dog may not be returned to the owner until it has a current rabies vaccination, a license as required by ordinance, and upon order of the court that the dog should be returned.
   (c)   Upon a sworn complaint that a dog is dangerous and the dog has caused serious injury or death to a person or has caused serious injury or death to an animal, a district court shall issue a summons to the owner ordering him or her to appear to show cause why the animal should not be destroyed.
   (d)   After a hearing, the court shall order the humane euthanization of the dog, at the expense of the owner, if the dog is found to be a dangerous dog that caused serious injury or death to a person or animal. After a hearing, the court may order the humane euthanization of the dog, at the expense of the owner, if the court finds the dog is a dangerous animal that did not cause serious injury or death to a person but is likely in the future to cause serious injury or death to a person or in the past has been adjudicated a dangerous dog.
   (e)   If the court finds that a dog is a dangerous dog but has not caused serious injury or death to a person or animal, the court shall notify the animal control authority for the city in which the complaint was filed of the finding of the court, the name of the owner of the dangerous dog, and the address at which the dog was kept at the time of the finding of the court. In addition, the court shall order the owner of that dog to be registered as described in subsection (c) hereof, plus do the following:
      (1)   If the dog that has been found to be a dangerous dog is of the canis familiaris species, have an identification number tattooed upon the animal or inject a microchip, at the owner's expense, by or under the supervision of a licensed veterinarian. The identification number shall be assigned to the dog by the Michigan Department of Agriculture and shall be noted in its records pursuant to Act No. 309 of the Public Acts of 1939, being MCL 287.301 to 287.308. The identification number shall be tattooed on the upper inner left rear thigh of the animal by means of indelible or permanent ink.
      (2)   Take specific steps, such as escape proof fencing and enclosure (see definition of enclosure Section 620.02(e)) including a top or roof, to ensure that the animal cannot escape or non-authorized individuals cannot enter the premises.
      (3)   Have the animal sterilized.
      (4)   Obtain and maintain one hundred thousand dollars ($100,000) liability insurance coverage sufficient to protect the public from any damage or harm caused by the dog.
      (5)   Proximity to schools: If the court rules a dog to be dangerous and the owner of the dog lives within 500 feet of a school, the court may impose additional regulations to safeguard the public, up to and including ordering the dog permanently removed from the area.
      (6)   Control of a dangerous dog: It shall be unlawful for any owner to maintain a dangerous dog upon any premises which does not have a locked enclosure, unless such dangerous dog is at all times maintained in the owner's dwelling. It shall be unlawful for any owner to allow any dangerous dog to be outside of the dwelling of the owner or outside of the enclosure unless it is necessary for the owner to obtain veterinary care for the dangerous dog or to sell or give away the dangerous dog or to comply with commands or directions of the court, the animal control officer or any police officer with respect to the dangerous dog. In such event, the dangerous dog shall be securely muzzled and restrained with a choker chain or identifying collar purchased from the Police Department and leash having at least 300 pounds tensile strength and not exceeding four feet. The muzzle shall be fitted in a manner not to cause injury or interfere with vision or respiration, but shall prevent it from biting any human or animal. The animal shall be under the direct control of the owner or owner's agent who must be a person at least eighteen years of age.
      (7)   Take any other action appropriate to protect the public.
(Res. 2011-92A. Passed 5-2-11.)