(A) Upon receipt of a complaint and after conducting an investigation, the Animal Control Officer is authorized to make a determination whether a dog is dangerous based upon the factors listed in § 90.076 of this chapter and shall present findings and a recommendation to the Prosecuting Attorney for the city requesting issuance of a summons and complaint if he or she determines the dog to be dangerous.
(B) Upon a sworn complaint that a dog is dangerous and the dog has caused serious injury or death to a person or has caused serious injury or death to an animal, a District Court shall issue a summons to the owner ordering him or her to appear to show cause why the animal should not be destroyed.
(C) (1) Upon the filing of a sworn complaint as provided in division (B) above, a record of the location of the dog, once it is determined, shall be placed on record with the court of jurisdiction, the court or magistrate shall order the owner to immediately turn the dog over to the DCACA, an incorporated humane society, a licensed veterinarian or a boarding kennel, at the owner’s option, to be retained by them until a hearing is held and a decision is made for the disposition of the dog.
(2) The owner shall notify the person who retains the dog under this section of the complaint and order.
(3) The expense of the boarding and retention of the dog is to be borne by the owner. The dog may not be returned to the owner until it has a current rabies vaccination, a license as required by ordinance and upon order of the court that the dog should be returned.
(D) 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 animal. After a hearing, the court may order the destruction of the dog, at the expense of the owner, if the court finds the dog is a dangerous animal that did not cause serious 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.
(E) If the court or magistrate finds that a dog is a dangerous dog, but has not caused serious injury or death to a person or animal (and does not order destruction of the dog as set forth above), 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 dangerous dog is of the canis familiaris species, have an identification number tattooed upon the animal or inject a microchip, 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 state’s Department of Agriculture and shall be noted in its records pursuant to Public Act 309 of 1939, being M.C.L.A. § 287.308 and Public Act 426 of 1988, being M.C.L.A. §§ 287.321 through 287.323. The identification number shall be tattooed on the upper inner left rear thigh of the animal by 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 animal cannot escape or non-authorized individuals cannot enter the premises;
(3) Have the animal sterilized;
(4) Obtain and maintain liability insurance coverage sufficient to protect the public from any damage or harm caused by the dog;
(5) Take any other action appropriate to protect the public; and
(6) Must have affixed on dogs collar at all times a dangerous dog tag obtained at the DCACA Animal Shelter.
(F) If the court after a hearing determines the dog is not dangerous, but determines the dog is a potentially dangerous dog, then the provisions of this section concerning a potentially dangerous dog shall apply.
(Prior Code, § 4-7) (Ord. 1370, passed 9-17-2012)