For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. Leaving an animal unattended for more than 24 hours, releasing the animal upon public highways or public or private lands, or failure to provide proper or adequate food, water, exercise, shelter or medical care.
ANIMAL. A mammal, bird, fish, reptile, ferret, snake, turtle, horse, mollusk, crustacean or any other vertebrate other than a human being.
ANIMAL CONTROL OFFICER. Any person employed by member cities for the purpose of enforcing this chapter or state statutes pertaining to animals, and all persons and deputies employed to act in the same or a similar manner.
ANIMAL CONTROL SHELTER. A facility designated or recognized by the Downriver Central Animal Control Agency, county or state for the purpose of impounding and/or caring for animals, including a contract service provider, such as a local animal protection shelter, which may include a humane society.
AT LARGE. Except when hunting, an animal which is not on the premises of the owner and not under the control of a person either by leash, cord, chain or otherwise.
CHIEF ANIMAL CONTROL OFFICER. The person employed by the member cities for the purpose of enforcing this chapter or state statutes pertaining to animals who is responsible for the supervision of the Animal Control Officer’s/employee’s and maintaining all required records.
CONTINUOUS BARKING. Barking, howling or yelping for a period of time which disturbs the peace and quiet of the neighborhood.
DANGEROUS ANIMAL. Any animal which bites or attacks a person or an animal, but does not include the following:
(1) An animal that bites or attacks a person or animal that is trespassing on the property of the animal’s owner;
(2) An animal that bites or attacks a person or animal as a result of being provoked, tormented, tortured or receiving cruel treatment by that person or animal; or
(3) An animal 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 lawful activity or is the subject of an assault or battery, or to protect itself or another animal.
DOG. Any member of the species “Canis Familiaries”.
DOMESTICATED COMPANION ANIMAL. An animal that has traditionally, through a long association with humans, lived in a state of dependence upon humans or has been traditionally kept as a household pet, including, but not limited to: dogs; cats; hamsters; gerbils; guinea pigs; ferrets; mice; rabbits; parakeets; parrots; cockatiels; cockatoos; canaries; love birds; finches; and tropical fish.
DOMESTICATED COMPANION ANIMAL LODGING FACILITY. An establishment where domesticated companion animals are kept or confined for the purpose of providing training, breeding, boarding, sale or day care or extended sheltering and includes kennels.
ENCLOSURE. Secure confinement indoors or secure confinement in a locked pen, a structure with secure sides, top and bottom, or a yard which is suitable to prevent the entry of young children, and is designed to prevent the dog or animal from escaping from the owner’s property.
FOWL. Chickens, roosters, ducks, turkeys, pheasants, goose, quail, grouse, partridge and pigeons but excludes the following in door birds: parrot, canary, finch, cockatiel and parakeet.
HUNTING. Allowing a dog to range freely within the sight or sound of its owner while in the course of pursuing legal game.
KENNEL. An establishment wherein or whereon three or more dogs are confined and kept for sale, boarding, breeding, training purposes.
MEMBER CITIES. Allen Park, Southgate and Wyandotte and any city which may join the DCACA in the future.
NEGLECT. Failure to comply with the minimum requirements for animal care set forth in this chapter.
OWNER. Any adult person who owns or resides on the property where the animal lives, every person having a right of property in the animal, an authorized agent of the person having a right, every person who has an apparent authority to have a right of property in the animal, every person who keeps or harbors the animal or has it in his or her care, custody or control.
PERSON. Any adult individual, corporation, society, co-partnership, limited partnership, limited liability company, association or any other entity.
PROVOKE. To perform an act or omission that an ordinary and reasonable person would conclude is likely to precipitate a bite or attack by an animal.
QUARANTINE. A state of enforced isolation, to detain in or exclude by QUARANTINE, to isolate from normal relations or communication. An animal that has bitten shall be kept in QUARANTINE at the Animal Shelter or can be approved for HOME QUARANTINE, per the decision of the Animal Control Officer or his or her designee.
RABID SUSPECTED ANIMAL. Any animal which shows symptoms suggestive of rabies.
SERIOUS INJURY. Permanent, serious disfigurement, serious impairment of health or serious impairment of a bodily function of a person. Any dog bite requiring stitches to the victim (person or animal) is prima facie evidence of a SERIOUS INJURY.
SHELTER. Adequate protection from the elements and weather conditions suitable for the age, species and physical condition of the animal so as to maintain the animal in a state of good health. SHELTER, for livestock, includes structures or natural features such as trees or topography. SHELTER, for a dog, includes one or more of the following:
(1) The residence of the dog’s owner or other individual;
(2) A doghouse that is an enclosed structure with a roof and of appropriate dimensions for the breed and size of the dog. The doghouse shall have dry bedding when the outdoor temperature is, or is predicted to drop below, freezing; and
(3) A structure, including a garage, barn or shed, that is sufficiently insulated and ventilated to protect the dog from exposure to extreme temperatures or, if not sufficiently insulated and ventilated, contains a doghouse as provided under division (2) above that is accessible to the dog.
SUITABLE LEASH. Both:
(1) The dog is attached to a leash that is not more than ten feet in length (provided, the dog has not been determined to be “potentially dangerous”) and of such material that the leash is capable of restraining and does restrain the type and size of dog to which it is attached; and
(2) Such a leash is continuously held by a person who is reasonably able to and does restrain and prohibit the dog from being out of the person’s physical control. A leashed dog that chases a person or domesticated animal a greater distance than ten feet, or that bites a person or domesticated animal, constitutes prima facie evidence that such dog is not kept on a suitable leash.
TORMENT. An act or omission that causes unjustifiable pain, suffering and distress to a dog or animal, or causes mental and emotional anguish in the dog or 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.
(Prior Code, § 4-2) (Ord. 1370, passed 9-17-2012; Ord. 1492, passed 8-31-2020; Ord. 1497, passed 9-28-2020; Ord. 1499, passed 10-26-2020)