For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADEQUATE CARE. The provision of sufficient food, water, shelter, sanitary conditions, exercise, and veterinary medical attention in order to maintain an animal in a state of good health.
   ANIMAL. Birds; fish; reptiles; amphibians; poultry; ornamental and/or game birds; arachnids and insects; and all non-human mammals, male, female or sexually altered, and offspring thereof, including dogs, cats, livestock, and poultry.
   ANIMAL BITES. A penetration of the skin caused by an animal.
   ANIMAL CONTROL OFFICER. A person or persons whose duty it is to enforce this chapter and other laws and regulations pertaining to animal welfare and control within the boundaries of the city.
   BUSINESS DAY. Days when the city offices are open, not including Saturdays, Sundays or holidays.
   CALENDAR DAY. All days on a calendar, including Saturdays, Sundays, and holidays.
   CITY. The City of Negaunee, Michigan.
   COUNTY. The County of Marquette, Michigan.
   DISPOSE. To donate, sell, reclaim, or to destroy an animal in a humane and lawful manner.
   DOG. Male, female, offspring or a sexually altered animal of the domesticated canine family.
   ENCLOSURE. A structure or fencing used to immediately restrict one or more animals to a limited amount of space.
   EXOTIC ANIMAL. Any animal not identified in the definition of "animal" provided in this part that is native to a foreign country or of foreign origin or character, is not native to the United States, or was introduced from abroad. This term specifically includes animals such as, but not limited to, lions, leopards, elephants, camels, antelopes, anteaters, kangaroos and water buffalo, and species of foreign domestic cattle such as Ankole, Gayal and yak.
   HOLIDAY. A day of the year city offices are officially closed as approved annually by the Negaunee City Council.
   IMPOUND FACILITY. A designated location for the purpose of holding and caring for impounded or confined animals.
   KENNEL. An establishment where dogs are kept for pay for purposes of breeding, board or sale; or a premises where four or more dogs are kept.
   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.
   LIVESTOCK. Animals used for human food and fiber of animals used for service to human beings. This includes, but is not limited to, cattle, swine, llamas, goats, bison, horses and rabbits. LIVESTOCK does not include dogs or cats.
   NUISANCE ANIMAL. Any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners, to the enjoyment of life or property. The term NUISANCE ANIMAL shall include, but not be limited to:
      (1)   Any animal that is repeatedly found running at large;
      (2)   Any animal that damages, soils, defiles or defecates on any property other than that of its owner;
      (3)   Any animal that makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the animal or the premises where the animal is or harbored;
      (4)   Any animal in season that is not confined so as to allow attraction or contact with other animals;
      (5)   Any animal, whether or not on the property of its owner, that without provocation, molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way or otherwise;
      (6)   Any animal that is offensive or dangerous to the public health, safety or welfare by virtue of having attacked, bitten, or physically injured human beings or other animals, without provocation; and
      (7)   Any exotic animal.
   OWNER. Any person or persons having a right of property in an animal, every person who keeps or harbors an animal, or has an animal in his or her care or control, and every person who knowingly permits an animal to remain at or about any premises occupied by the person.
   POULTRY. Domesticated fowl (such as chickens, turkeys, ducks or geese) or any other fowl raised for meat or eggs.
   REASONABLE CONTROL. An animal that is leashed or obedient to the commands or restraint of the owner or person having custody or control of the animal.
   REPEAT OFFENSE. A second, or any subsequent, municipal civil infraction violation of the requirements or provisions of this chapter committed by a person within any 24-month period, and for which the person admits responsibility or is determined to be responsible.
   RUN AT LARGE. An animal that is free of its enclosure and is unrestrained and is not under reasonable control.
   SERVICE DOG. Any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, and/or mental disability.
   STATE. The State of Michigan.
   SUSPECTED RABID ANIMAL. Any animal that bites or scratches, causing penetration of the skin or an animal that exhibits apparent symptoms of rabies.
   VICIOUS ANIMAL. Any animal in the process of threatening any person or property, or any animal that in the opinion of a law enforcement agency or officer repeatedly threatens persons or destroys or property.
(Ord. passed 3-11-2021)