(a) Requirements. A Chief Animal Control Officer shall be hired by the Downriver Central Animal Control Agency and shall serve as the head of the animal control officers/employees; provided, however, that the Chief Animal Control Officer and all animal control officers shall have and meet the minimum requirements contained in MCL 287.289b of 1919.
(b) Duties and Authority. The Chief Animal Control Officer and his or her designees shall have the following duties and authority:
(1) The Chief Animal Control Officer is authorized to investigate any complaints of violations of this chapter or State laws regarding animals.
(2) The Chief Animal Control Officer may promptly seize, take up and place in the animal shelter, or contracted services provider, including a State licensed humane society, animals being kept or harbored or found running at large any place within Downriver Central Animal Control Agency contrary to the provisions of this chapter or the statutes of the State.
(3) The Chief Animal Control Officer and his or her designees shall be properly certified with the State of Michigan as required in Section 29b of 339, P.A of 1919 as amended (The Dog Law). They shall have the legal authority and duty to issue appearance tickets, citations or summonses to those persons acting contrary to the provisions of this chapter or State laws relating to animals.
(4) The Chief Animal Control Officer or a duly recognized service provider under contract with Downriver Central Animal Control Agency may, under the guidelines for holding periods and notification set forth in State statutes, dispose of impounded animals which are not claimed by the legal owner, by one of the following methods:
A. Adoption by an individual person who meets adoption criteria for the animal; or
B. Humane euthanasia under MCL 287.279(a) of 1919; or
C. Release to a duly recognized service provider to Downriver Central Animal Control Agency such as a licensed humane society, animal protection shelter or an approved 503-C Rescue group. Note: The State guidelines for holding periods do not apply to animals that are sick or injured to the extent that the holding period would cause the animal to suffer. This section also does not apply to any animal that is voluntarily signed over to the animal control shelter by its owner. In both of these cases no minimum holding period is required before disposing of the animal.
(5) The Chief Animal Control Officer and his or her designees shall maintain a record of when the animal was acquired, under what circumstances, copies of any required notices and the disposition of the animal. Regulations regarding the adoption of animals and boarding and other charges shall be posted in a conspicuous place at the animal control shelter.
(6) The Chief Animal Control Officer and his or her designees shall dispose of the bodies of all animals destroyed at the animal control shelter or elsewhere in Downriver Central Animal Control Agency in a manner approved by the State of Michigan.
(7) The Chief Animal Control Officer and his or her designees shall promptly investigate all animal bite cases involving human injury and shall search out and attempt to discover the animal involved. If the Chief Animal Control Officer finds the animal responsible for the bite, he or she shall quarantine the animal for examination for disease in accordance with the applicable provisions of this chapter and the statutes of the State. The Chief Animal Control Officer shall also seize and impound any rabies-suspected animal and cause the animal to be quarantined for examination.
(8) The Chief Animal Control Officer and his or her designees shall make efforts to locate and determine the number of ail unlicensed dogs in the Downriver Central Animal Control Agency.
(9) The Chief Animal Control Officer and his or her designees shall have the duty to inspect any kennel, a license for which has been issued , and shall have the duty to suspend the license if conditions exist which are unhealthy or inhumane to the animals kept in the kennel, pending correction of such conditions; and further shall have the duty to revoke the license if such conditions are not corrected within a reasonable period of time.
(10) The Chief Animal Control Officer and his or her designees shall have the duty to investigate complaints of animals alleged to be treated cruelly or kept in violation of this chapter, and may seek a court order to seize, take up and impound any animal that has been subject to such cruelty, abandonment or neglect.
(11) The Chief Animal Control Officer and his or her designees shall have such other duties relating to the enforcement of this chapter as the police may from time to time provide.
(c) Enforcement of Chapter. The Chief Animal Control Officer in enforcing the provisions of this chapter and the statutes of the State pertaining to animals may make complaints to the City Prosecuting Attorney and to the District Court in regard to any violations of this chapter. It shall be unlawful for any person to interfere or hinder any animal control officers in the performance of their duties.
(d) Impounding, Redeeming and Adoption of Animals. The Chief Animal Control Officer and his or her designees may humanely seize and impound at the animal control shelter any domesticated companion animal or livestock found running at large. If the animal is non-vicious or non-dangerous and its owner can be ascertained and is available, the Chief Animal Control Officer may return the animal to its owner, and may cite the owner of the animal for any violation that has occurred. The Chief Animal Control Officer may also seize and impound any animal that is, within his or her reasonable discretion, subject to abuse, cruelty, abandonment or neglect, by the quickest and most reasonable means available and may cite the owner with a violation of this chapter and/or applicable State laws.
(1) Notification of owner. Immediately after impounding an animal, if the owner of the animal can be identified by collar, license, and tag or by other means, the Chief Animal Control Officer shall notify the owner about the animal’s impoundment by first class mail or telephone. The Chief Animal Control Officer shall inform the owner of the steps necessary to regain custody of the animal. The Chief Animal Control Officer or a duly recognized service provider under contract with Downriver Central Animal Control Agency (DCACA) may dispose of impounded animals which are not claimed within the State statutory holding periods in a manner set forth by the terms of this chapter.
(2) Redeeming impounded animals. An owner may redeem an animal from impoundment by executing a sworn statement of ownership, furnishing a license and tag, and paying all expenses associated with the seizure and impoundment of the animal. The Chief Animal Control Officer shall not knowingly release any impounded animal to an owner who has been convicted of animal cruelty, abandonment, neglect or other related criminal violations of State law or of this chapter without a court order.
(3) The owner of an impounded animal who refuses to reclaim his or her animal may be proceeded against for abandonment under the provisions of Section 615.06.
(4) Impoundment by citizens. Any citizen shall immediately contact Downriver Central Animal Control Agency County Animal Control with a description of the animal and location where found and must turn over the animal to Animal Control. Animal Control may allow the animal to remain with the citizen if an owner is located or known. It shall be unlawful for any person to refuse to deliver any lost/stray animal in their possession to an animal control officer upon request.
(5) Adoption of impounded animals.
A. A person who wishes to adopt an impounded animal that has not been redeemed by its owner must sign an adoption agreement that contains a sworn statement that he or she will own and keep the animal in accordance with the terms of this chapter and State laws.
B. If the animal has not been sterilized, the sworn statement must also provide that the adopted animal will be sterilized in accordance with Michigan State law MCL PA 287 of 1919.
C. The sworn statement must also provide that the animal will not be used for fighting or other illegal activity and will not be subjected to, sold, or otherwise used for medical or other testing or experimentation.
D. Any person adopting an impounded animal must pay shelter, boarding and other charges associated with the seizure and impoundment of the animal prior to the release of the animal. Such charges shall be posted conspicuously at the Animal Control Shelter. Any subsequent failure to follow any of the terms of the adoption agreement shall be a violation of this chapter.
E. The Chief Animal Control Officer shall not knowingly adopt an animal to a person who has been convicted of animal cruelty, abandonment, neglect or other related criminal violations of state law or of this ordinance without a court order. The Chief Animal Control Officer may decline to adopt an animal if other circumstances exist, which, in the opinion of the Chief Animal Control Officer would endanger the health, safety, or welfare of people or animals.
(e) Quarantine of Animal.
(1) The owner of any domesticated companion animal that bites a person or other animal shall immediately quarantine the biting animal for a minimum of ten days at the Downriver Central Animal Shelter or may be approved for home quarantine which is at the sole discretion of the animal control officer. If the owner of the biting animal fails to surrender the animal, a daily violation shall be issued until the animal is placed under quarantine, or if the owner of the biting animal cannot be identified or found, then the Chief Animal Control Officer may take possession of the domesticated companion animal and quarantine it at the Animal Control Shelter or Animal Protection Shelter until the expiration of the ten-day period. The owner shall be responsible for all expenses incurred for the quarantine. At the expiration of the ten-day period, if the owner shows satisfactory evidence that the domesticated companion animal is not suffering from rabies, and pays the requisite expenses, the Chief Animal Control Officer shall release the domesticated companion animal to its owner. Any violation of the home quarantine agreement or failure to bring the animal to the Animal Shelter or veterinarian in the required time is in violation of this chapter. The Chief Animal Control Officer may immediately humanely destroy the domesticated companion animal that has bitten if the animal is determined by a veterinarian to be suffering from rabies or upon request of the owner. In such cases, following the humane destruction of the domesticated companion animal, the Chief Animal Control Officer shall immediately send a sample specimen to the Michigan Department of Public Virology Laboratory in Lansing, Michigan.
(2) Animals that are not domesticated. If an animal that is not domesticated bites a person or other animal, and there is no identifiable owner, then the Chief Animal Control Officer shall if possible, humanely confine for quarantine and/or destroy the animal and immediately send the animal or sample specimen to the Michigan Department of Public Health Virology Laboratory in Lansing, Michigan.
(3) Violation of quarantine. It is a violation of quarantine to allow a dog to run at large during the dates of a mandated quarantine following the possibility of exposure to rabies, failing to quarantine the dog as required by the home observation agreement or surrender the dog as required by the Animal Control Officer at the Animal Shelter or a veterinarian’s office.
(g) Dead Animals. It shall be unlawful for an owner or caregiver, or person possessing an animal to do any of the following:
(1) To allow the carcass of a dead animal to be left unattended and not properly disposed of.
(2) To put any dead animal or part of the carcass of any dead animal, into any lake, river, creek, pond, roadway, street, alley, lane, or lot.
(Ord. 955. Passed 9-5-12; Ord. 14-967. Passed 7-2-14.)