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§ 90.35 DEFINITIONS.
   The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
   DANGEROUS DOG. Means and includes:
      (1)   Any dog that bites or attacks a person or domestic animal without provocation;
      (2)   Any dog that bites or attacks and causes serious injury or death to another domestic animal while the domestic animal is on the property or under the control of its owner;
       (3)   Any dog with known propensity, tendency, or disposition to attack or to otherwise endanger the safety of people or other domestic animals;
      (4)   Any dog that chases or snaps at a pedestrian, bicyclist or vehicle;
      (5)   Any dog that charges a person in a manner that restricts the person’s freedom of movement by placing the person in reasonable fear of an imminent attack (the person must be lawfully on the property where the charge occurs and this does not apply to an animal tormented by the person);
      (6)   Any dog that molests passers-by or persons on adjoining property by viciously, continuously and aggressively barking or growling; or
      (7)   Any dog deemed a dangerous dog by a court of law.
   DOG. Canine.
   DOMESTIC ANIMALS. Animals that are tame, kept and controlled by an owner.
   KENNEL. A place where more than 3 dogs are kept.
   OWNER. Any natural person or any other legal entity having a possessory right in a dog, or who harbors, cares for, exercises control over, or knowingly permits any dog to remain on its premises occupied by such person or entity.
   PROVOKE. To perform a willful act or omission that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack by an ordinary dog or animal.
   RUNNING AT LARGE. Permitting any dog to leave the premises of its owner without being on a leash and under the control of a person physically able to control the dog; or any dog on private property not enclosed, restrained or kept in such a manner so as to prevent it from entering upon a street, public place, or premises of another.
   SERIOUS INJURY. Any physical injury that results in broken bones or lacerations that require sutures, cosmetic surgery, or other medical care and treatment.
   TORMENT. An act or omission that causes unjustifiable pain, suffering, and distress to an animal, or causes 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 reasonable person would conclude is likely to precipitate the bite or attack.
(Ord. 271, passed 12-15-2008; Am. Ord. 276, passed 7-7-2011)
§ 90.36 EXCEPTIONS.
   A dangerous dog does not include any of the following:
   (A)   A dog that bites or attacks a person who is trespassing on the property of the dog's owner;
   (B)   A dog that bites or attacks a person who provokes or torments the dog;
   (C)   A dog that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person if that person is engaged in a lawful activity or is the subject of an assault;
   (D)   A dog being used by a law enforcement officer to carry out the law enforcement officer's official duties.
(Ord. 271, passed 12-15-2008)
§ 90.37 KENNEL LICENSE.
   Any owner or keeper of a kennel shall secure from the Village Clerk, or a designee of the Village Clerk, a license. The Chief of Police, Building Official, or any other authorized representative shall inspect and approve the proposed premises before any kennel license shall be issued. No kennel license shall be issued in any situation where the issuance of such a license would violate and/or be contrary to any law or ordinance regarding health, zoning, or property restrictions. A kennel license shall not be required in the case of a female dog having a litter of pups, provided that the owners of the female dog shall dispose of the pups before such offspring reach the age of four months. The licenses required to operate a kennel in the village must be renewed annually before January 1 of each year. The application fee for a kennel license shall be set by resolution of the Village Council. All dogs kept in kennels shall be licensed individually as required. No kennel shall be operated in any district within the village specified as a residential district under the terms of Chapter 151, and no kennel shall be operated in any district within the village except under the terms of Chapter 151.
(Ord. 271, passed 12-15-2008) Penalty, see § 90.48
§ 90.38 MAINTENANCE REQUIRED FOR A KENNEL.
   Any kennel operated or maintained in the village shall be kept in a sanitary condition at all times and is subject to inspection by the Chief of Police, Building Official, or any other authorized representative at any time. It shall be unlawful for any kennel operated within the village to operate in such a way as to cause harm or endanger any person of the public. Failure to comply with any section of this subchapter shall result in the revocation of the license for the operation of such kennel.
(Ord. 271, passed 12-15-2008) Penalty, see § 90.48
§ 90.39 RUNNING AT LARGE
   All dogs must be securely confined in a manner which ensures that the dog cannot escape the premises. No person owning, possessing or harboring any dog shall allow such dog to run at large at any time. The Chief of Police or any authorized representative of the Police Department may destroy any stray dog, any apparently dangerous dog, or any dog not held by leash found in any street, alley, common, public space within the village, open space within the village, or in any person’s yard other than that of the owner of the dog. The Chief of Police or any authorized representative of the Police Department should first make a reasonable effort to catch and impound any dog in violation of this section before destroying the dog, unless doing so would place the police officer and/or the public in any apparent danger.
(Ord. 271, passed 12-15-2008; Am. Ord. 276, passed 7-7-2011) Penalty, see § 90.48
§ 90.40 OFFENSES BY DOGS.
   It shall be unlawful within the village to:
   (A)   Harbor or keep any dog that, by loud and/or frequent or habitual barking, yelping or howling, shall cause serious annoyance to the neighborhood, or to people passing by on the streets of the city.
   (B)   Harbor or keep any dog that has been deemed to be a dangerous dog as set forth and described within this subchapter, unless the dog is kept in a manner consistent with the requirements of this subchapter.
   (C)   Permit a dog to run at large, as defined within this subchapter.
   (D)   Harbor or keep any dog that is not licensed pursuant to the requirements of this subchapter.
(Ord. 271, passed 12-15-2008) Penalty, see § 90.48
§ 90.41 JUDICIAL PROCEEDINGS REGARDING DANGEROUS DOGS.
   (A)   Upon a sworn complaint that a dog is a dangerous animal, and the dog has caused serous injury or death to a person or has caused serious injury or death to a domestic animal, a district court magistrate, district court or other municipal court shall issue a summons to the owner, ordering him or her to appear to show cause why the animal should not be destroyed.
   (B)   Upon the filing of a sworn complaint as provided in division (A), the court or magistrate shall order the owner to immediately turn the dog over to a proper animal control authority, an incorporated human society, a licensed veterinarian, or a boarding kennel, at the owner's option, to be retained by them until a hearing is held under this section of the complaint and order. The expense of the boarding and retention of the dog is to be borne by the owner. The dog shall not be returned to the owner until it has a current rabies vaccination and a license as required by law.
   (C)   After a hearing, the magistrate or court shall order the destruction 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 a domestic animal. After a hearing, the court may order the destruction of the dog, at the expense of the owner, if the court finds that the dog is a dangerous dog that did not cause serous 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.
   (D)   If the court or magistrate finds that a dog is a dangerous animal, but has not caused serious injury or death to a person, the court or magistrate shall notify the animal control authority for the county 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 is kept at the time of the finding of the court. In addition, the court or magistrate shall order the owner of that dog to do one or more of 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 dog 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 M.C.L.A. §§ 287.301 to 287.308. The identification number shall be tattooed on the upper inner left rear thigh of the dog, by the means of indelible or permanent ink.
      (2)   Take specific steps, such as escape-proof fencing or enclosure, including a top or roof, to ensure that the dog cannot escape or unauthorized individuals cannot enter the premises.
      (3)   Have the dog sterilized.
      (4)   Obtain and maintain liability insurance coverage sufficient to protect the public from any damages or harm caused by the dog.
      (5)   Take any other action appropriate to protect the public.
(Ord. 271, passed 12-15-2008) Penalty, see § 90.48
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