(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