The following is copied from the City Of Menominee, MI animal ordinances. To save time and space portions not affecting herps in any manner have been removed.
TITLE 2: POLICE REGULATIONS
CHAP. 1: ANIMAL CONTROL 2:1
PREAMBLE
The City of Menominee enacts the attached Animal Control Ordinance in order to
regulate the
proliferation of household pets which are not cared for and which create
potential danger to the
people of the City of Menominee as well as other household pets. Such dangers
are created by
uncontrolled breeding, disease, and unrestrained animals. It is the City’s
intent to create a safe
and healthy environment for all citizens of Menominee as well as their pets and
to adopt an
animal control ordinance as recognized at MCL 287.290; MSA 12.541.
ANIMAL CONTROL ORDNANCE
2:1.1 Definitions
As used in this ordinance the following terms mean:
Animal: Any live non-human, vertebrate creature, domestic or wild.
Animal-at-large: Any animal not leased and under the restraint of a
person capable of
controlling the animal while off the premises of the owner.
Animal control officer: A person designated by the Chief of Police of the
City of Menominee
who is qualified to perform such duties under the laws of this City as more
specifically stated in
MOC 2:1.2
Animal control shelter: Any facility operated by a humane society,
municipal agency or its
authorized agents for the purpose of impounding or caring for animals held under
the authority
of this ordinance or state law.
Commercial animal establishment: Any pet shop, grooming shop, auction,
riding school or
stable, zoological park, circus, performing animal exhibition, or kennel.
Performing animal exhibition: Any spectacle, display, act, or event other
than circuses, in
which performing animals are used.
Pet or companion animal: An animal kept for pleasure, rather than
utility; that has traditionally, through a long association with humans, lived
in a state of dependence upon humans or under the dominion and control of humans
and has been kept as a tame household pet, including but not limited to:
dogs, cats, hamsters, gerbils, ferrets, potbellied pigs, chinchillas, mice,
rabbits, cockatiels, canaries, doves, finches, parakeets, parrots, non-venomous
snakes, constrictor snakes 8 feet or less in length, turtles, frogs, and
tropical and marine fish.
Pet shop: Any person, partnership, or corporation, whether operated
separately or in
connection with another business enterprise, except for a licensed kennel, that
buys, sells, or
boards any species of animal
Public nuisance: Any animal or animals which:
1. molests passersby or passing vehicles
2. attacks other animals
3. trespasses on school grounds
4. is repeatedly at large
5. damages private or public property
6. barks, whines, howls or otherwise emits vocal sounds in an excessive,
continuous, or untimely fashion.
Restrained: Any animal secured by a leash or lead, under the control of a
responsible person
and obedient to that person’s commands, or within the real property limits of
its owner.
Riding school or stable: Any place which has available for hire,
boarding and/or riding instruction, any horse, pony, donkey, mule, or burro.
Veterinary hospital: Any establishment maintained or operated by a
license veterinarian for
surgery, diagnosis and treatment of diseases arid injuries of animals.
Vicious animals: Any specific animal that attacks, bites, or injures
human beings or
domesticated animals without adequate provocation, or which, because of
temperament,
conditioning, or training, has a known propensity to attack, bite, or injure
human beings or
domesticated animals.
Wild animal: Those animals that are not domestic or any cross
of those animals not domestic to North America, including the following:
1. Apes, monkeys, and related forms, excepting monkeys used to assist disabled persons;
2. Poisonous reptiles and other animals, spiders, and insects capable of inflicting a severe or deadly bite;
3. All species of constrictor snakes more than 8 feet in length;
4. Cats from the wild family, including, but not limited to, bobcats, cheetahs, cougars, jaguars, leopards, lions, lynxes,
mountain lions, panthers, pumas, tigers;
5. Non-domesticated carnivorous animals, including hybrid crosses of non-domesticated carnivorous animals, including but not limited to, raccoons, skunks, foxes, and wolves;
6. All known species of crocodilians more than 30 inches in length, including but not limited to, crocodiles, and alligators;
7. All known species of chondrichthyes more than 36 inches in length, including but not limited to, sharks;
8. All known species of struthio, including but not limited to, ostriches, emus, and other ratites;
9. Artiodactyla, including but not limited to, camels, and hoofed mammals with an even number of toes.
Zoological park: Any facility, other than a pet shop or kennel,
displaying or exhibiting one (1)
or more species of non-domesticated animals operated by a person, partnership,
corporation, or
government agency.
2:1.2 Animal Control Officer
(A) The Animal Control Officer shall be hired by the Chief of Police, by and
with the consent
of the City Council. The Animal Control Officer shall serve in such a capacity
in
accordance with municipal policy, and shall receive such compensation as Council
shall
determine.
(B) It shall be the duty of the Animal Control Officer to seize, take up and
impound:
(1) any animal reported to have bitten a person
(2) any animal whose owner cannot be identified or located to correct, or be
cited for
a violation of this ordinance.
(C) The Animal Control Officer shall be properly deputized as a Police Officer
for the
limited purposes of enforcement of this Ordinance and shall be legally
authorized to
have the power to issue citations to those persons in violation of the
provisions of this
Ordinance.
(D) Additional duties of the Animal Control Officer may be set and modified by
the Chief of
Police.
2:1.4 Restraint:
(A) All dogs or other animals shall be kept under restraint. Cats shall not be
allowed to
roam freely off their owner’s property.
(B) No owner shall fail to exercise proper care and control of his or her
animals to prevent
them from becoming a public nuisance.
(D) Every vicious animal as determined by the City Police Officers, shall be
confined by the
owner within a building or secure enclosure and shall be securely muzzled or
caged
whenever off the premises of its owner.
(F) The parent or guardian of any minor claiming ownership of any animal subject
to this
ordinance shall be deemed to be the animal’s owner and shall be charged for all
penalties and fees imposed by this ordinance.
2:1.5 Impoundment and Violation Notice:
(A) Unrestrained dogs, cats, and nuisance animals shall be taken by the police
animal
control officers, or humane officers and impounded in an appropriate shelter and
there
confined in a humane manner.
(B) Impounded animals shall be kept for not less than seven (7) working days, if
anyone has
been bitten or scratched by the animal such that skin was broken or blood was
drawn,
otherwise it may be released to its owner, upon proof: of responsibility for or
ownership
of the animal; licensure of the animal; proof of current rabies inoculation and
payment
of any impound fees.
(C) If, by a license, collar, tag or other means, the owner of an impounded
animal can be
identified the animal control officer shall immediately upon impoundment notify
the
owner by telephone or mail that his or her animal has been impounded. Such an
animal
will be held up to seven (7) days from written notice of impoundment before (G)
below
applies, unless earlier claimed by its owner.
(F) An owner reclaiming any other impounded animal shall pay the fee charged by
the
impounding facility.
(G) Any animal not reclaimed by its owner within four (4) days of acquisition
shall become
the property of the local government authority, or humane society, and shall be
placed
for adoption in a suitable home or humanely euthanized, subject to (C), above.
AMENDED: 4/5/93 8/2/93 — Eff. 8/27/93
2:1.6 Animal Care:
(A) No owner shall fail to provide his or her animals with sufficient good and
wholesome
food and water, proper shelter and protection from the weather, veterinary care
when
needed to prevent suffering, and with humane care and treatment.
(B) No person shall beat, cruelly ill treat, torment, overload, overwork, or
otherwise abuse
an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or
other
combat between animals or between animals and humans.
(C) No owner of an animal shall abandon such animal.
2:1.7 Keeping of Wild Animals
(A) No person shall keep or permit to be kept on his or her premises any wild or
vicious
animal for display or for exhibition purposes, whether gratuitously or for a
fee. This
section shall not be construed to apply to zoological parks, performing animal
exhibitions, or circuses.
(B) No person shall keep or permit to be kept any wild animal as a pet.
Horses, cattle and other animals not normally regarded as household pets, shall
not be within the city, except for use as transportation or while transporting
the
animal to a veterinarian or as permitted by the City Manager. Application may
be made to the City Manager for a permit to use animals other than household
pets
in parades, displays, performances or under such circumstances that the
City Manager deems appropriate, bearing in mind the health, safety, welfare and
interests of the City and its residents. Such a permit must be obtained before
the
animals are brought into the City.
(3) The owner, custodian, or harbor of any animal which is found to have
committed
the following acts shall be liable for a misdemeanor punished pursuant to M.O.C.
Section 12:2:
(a) damage to property of persons other than the owner;
(b) attack, off the premises of the owner, custodian or harborer, an animal
not the property of the owner, custodian or harborer;
(c) threaten, attack or bite any person lawfully present on the premises.
(B) An animal which, on sworn complaint, is alleged to have committed acts
described in
section 2:1.13(3) above, may be the object of a proceeding to show why such
animal
should not be destroyed. The district judge, upon receipt of such sworn
complaint, shall
promptly issue a summons to show cause why such animal should not be destroyed.
A
second occurrence of any facts warranting a proceeding to consider destruction
of an
animal may require destruction of such animal. Failure to obey an Order for
Destruction of an animal shall be punished as contempt of court. The cost of
destruction
and disposal of such animal shall be taxed as costs of the proceedings.
(C) Any person or persons who interfere with, disturb, disrupt or in any fashion
prevent the
Animal Control Officer or law enforcement officer from fulfilling, his, her or
their duties
under any city ordinance or in any way enforcing this Animal Control Ordinance
is
guilty of a misdemeanor under Section 14 below.
2:1.14 Penalties
Unless specifically herein to the contrary, any person violating any provision
of this ordinance
shall be deemed guilty of a misdemeanor and shall be punished by a fine of not
less than
twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) and up
to ninety (90)
days in jail plus costs of prosecution. If any violation, whether a civil
infraction or a
misdemeanor, continues from day to day, each day’s violation shall be deemed a
separate
violation. If any person is found guilty by a court of violating 2:1.6, his or
her permit to own,
keep, harbor, or have custody of animals shall be deemed automatically revoked
arid no new
permit may be issued.