(1)

For the purposes of this chapter:

(a)

"Adequate care" means 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.

(b)

"Animal" means any vertebrate other than a human being.

(c)

"Animal protection shelter" means a facility operated by a person, humane society, society for the prevention of cruelty to animals, or any other nonprofit organization, for the care of homeless animals.

(d)

"Animal control shelter" means a facility operated by a county, city, village, or township to impound and care for animals found in streets or otherwise at large contrary to any ordinance of the county, city, village, or township or state law.

(e)

"Licensed veterinarian" means a person licensed to practice veterinary medicine under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

(f)

"Livestock" means that term as defined in the animal industry act of 1987, 1988 PA 466, MCL 287.701 to 287.747.

(g)

"Person" means an individual, partnership, limited liability company, corporation, association, governmental entity, or other legal entity.

(h)

"Neglect" means to fail to sufficiently and properly care for an animal to the extent that the animal's health is jeopardized.

(i)

"Owner" when applied to the proprietorship of an animal means every person having a right of property in the animal, and every person who keeps or harbors the animal or has it in his care, and every person who permits the animal to remain on or about any premises occupied by him or her.

(j)

"Sanitary conditions" means space free from health hazards including excessive animal waste, overcrowding of animals, or other conditions that endanger the animal's health. This definition does not include any condition resulting from a customary and reasonable practice pursuant to farming or animal husbandry.

(k)

"Shelter" means 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:

(i)

The residence of the dog's owner or other individual.

(ii)

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.

(iii)

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 subparagraph (ii) that is accessible to the dog.

(l)

"State of good health" means freedom from disease and illness, and in a condition of proper body weight and temperature for the age and species of the animal, unless the animal is undergoing appropriate treatment.

(m)

"Tethering" means the restraint and confinement of a dog by means of a coated steel cable designed for restraining dogs.

(n)

"Water" means potable water that is suitable for the age and species of animal that is made regularly available unless otherwise directed by a licensed veterinarian.

(Ord. No. 1072, § 1, 12-14-09; Ord. No. 2112, § 1, 5-9-16, eff. 5-19-16)

(1)

Madison Heights police officers and duly authorized municipal animal control officers are designated the enforcing agents under this chapter.

(2)

The city shall adopt minimum employment standards relative to the recruitment, selection and appointment of animal control officers. The minimum standards shall include:

(a)

Requirements for physical, education, mental and moral fitness.

(b)

A minimum course of study not less than 100 instructional hours as prescribed by the department of agriculture.

(3)

Subdivision (2)(b) shall not apply if the animal control officer is a police officer or has served at least five years as an animal control officer.

(Ord. No. 1072, § 1, 12-14-09)

(1)

An owner, possessor, or person having the charge or custody of an animal shall not do any of the following:

(a)

Knowingly kill, torture, mutilate, maim, or disfigure an animal.

(b)

Commit a reckless act knowing or having reason to know that the act will cause an animal to be killed, tortured, mutilated, maimed, or disfigured.

(c)

Knowingly administer poison to an animal, or knowingly expose an animal to any poisonous substance, with the intent that the substance be taken or swallowed by the animal.

(d)

Fail to provide an animal with adequate care.

(e)

Cruelly drive, work, or beat an animal, or cause an animal to be cruelly driven, worked, or beaten.

(f)

Carry or cause to be carried in or upon a vehicle or otherwise any live animal having the feet or legs tied together, other than an animal being transported for medical care, or a horse whose feet are hobbled to protect the horse during transport or in any other cruel and inhumane manner.

(g)

Carry or cause to be carried a live animal in or upon a vehicle or otherwise without providing a secure space, rack, car, crate, or cage, in which livestock may stand, and in which all other animals may stand, turn around, and lie down during transportation, or while awaiting slaughter. As used in this subdivision, for purposes of transportation of sled dogs, "stand" means sufficient vertical distance to allow the animal to stand without its shoulders touching the top of the crate or transportation vehicle.

(h)

Abandon an animal or cause an animal to be abandoned, in any place, without making provisions for the animal's adequate care, unless premises are vacated for the protection of human life or the prevention of injury to a human. An animal that is lost by an owner or custodian while traveling, walking, hiking, or hunting is not abandoned under this section when the owner or custodian has made a reasonable effort to locate the animal.

(i)

Negligently allow any animal, including one who is aged, diseased, maimed, hopelessly sick, disabled, or nonambulatory to suffer unnecessary neglect, torture, or pain.

(j)

Tether a dog unless the tether is a coated steel cable specifically designed for restraining dogs and is at least three times the length of the dog as measured from the tip of its nose to the base of its tail and is attached to a harness or non-choke collar specifically designed for tethering, with a swivel attached to both ends, done in such a manner as to not cause injury, strangulation or entanglement of the dog on fences, trees, another tethered dog, or any other manmade or natural objects.

(k)

Use a tether or any assembly or attachments that weigh more than ten percent of the animal's body weight, or due to weight, inhibits the free movement of the animal within the area tethered.

(l)

Tether more than one dog to a single tether or tether one dog to a single tether that would allow the dog to come within three feet of another tethered dog or a property line.

(m)

Tether a dog without access to adequate shelter, food and water done in a manner that would prevent the dog from entangling with or tipping over the shelter, food or water.

(2)

If an animal control officer or police officer observe a domestic animal that, in the opinion of the animal control officer or police officer, is being cruelly treated or neglected under this provision, they may lawfully seize the animal from its present location and remove it to an adequate shelter to be provided by the city. Before the animal may be returned to its owner, the owner shall pay the cost of sheltering such animal, in addition to any penalties imposed by the court for violation of this section.

(3)

If an animal is impounded and is being held by an animal control shelter or its designee or an animal protection shelter or its designee or a licensed veterinarian, pending the outcome of a criminal action charging a violation of this section, before final disposition of the criminal charge, the prosecuting attorney may file a motion in the criminal action, requesting that the court issue an order forfeiting the animal to the animal control shelter or animal protection shelter or to a licensed veterinarian before final disposition of the criminal charge. The prosecuting attorney shall serve a copy of the motion upon the defendant and upon a person with a known ownership interest. Upon the filing of the motion, the court shall set a hearing on the motion. The hearing shall be conducted within 14 days of the filing of the motion, or as soon as practicable. The hearing shall be before a judge without a jury. At the hearing, the prosecuting attorney has the burden of establishing by a preponderance of the evidence that a violation of this section occurred. If the court finds that the prosecuting attorney has met this burden, the court shall order immediate forfeiture of the animal to the animal control shelter or animal protection shelter or the licensed veterinarian. The testimony of a person at a hearing held under this subsection is not admissible against him or her in any criminal proceeding except in a criminal prosecution for perjury. The testimony of a person at a hearing held under this subsection does not waive the person's constitutional right against self-incrimination. An animal seized under this section is not subject to any other civil action pending the final judgment of the forfeiture action under this subsection.

(4)

A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days, a fine of not more than $500.00, and community service for not more than 200 hours.

(5)

The court may order a person convicted of violating this section to be evaluated to determine the need for psychiatric or psychological counseling and, if determined appropriate by the court, to receive psychiatric or psychological counseling. The evaluation and counseling shall be at the defendant's own expense.

(6)

This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same transaction as the violation of this section.

(7)

The court may order a term of imprisonment imposed for a violation of this section to be served consecutively to a term of imprisonment imposed for any other crime including any other violation of law arising out of the same transaction as the violation of this section.

(8)

As a part of the sentence for a violation of this section, the court may order the defendant to pay the costs of the care, housing, and veterinary medical care for the animal, as applicable. If the court does not order a defendant to pay all of the applicable costs listed in this subsection, or orders only partial payment of these costs, the court shall state on the record the reason for that action.

(9)

As a part of the sentence for a violation of this section, the court may, as a condition of probation, order the defendant not to own or possess an animal for a period of time not to exceed the period of probation. If a person is convicted of a second or subsequent violation of this section, the court may order the defendant not to own or possess an animal for any period of time, including permanent relinquishment of animal ownership.

(10)

A person who owns or possesses an animal in violation of an order issued under subsection (9) is subject to revocation of probation if the order is issued as a condition of probation. A person who owns or possesses an animal in violation of an order issued under subsection (9) is also subject to the civil and criminal contempt power of the court, and if found guilty of criminal contempt, may be punished by imprisonment for not more than 90 days, or by a fine of not more than $500.00, or both.

(11)

The court may order a person convicted under this section to pay the costs of the prosecution.

(12)

This section does not prohibit the lawful killing or other use of an animal, including the following:

(a)

Fishing.

(b)

Hunting, trapping, or wildlife control regulated under the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106.

(c)

Horse racing.

(d)

The operation of a zoological park or aquarium.

(e)

Pest or rodent control regulated under part 83 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8301 to 324. 8336.

(f)

Farming or a generally accepted animal husbandry or farming practice involving livestock.

(g)

Activities authorized under rules promulgated under section 9 of the executive organization act of 1965, 1965 PA 380, MCL 16.109.

(h)

Scientific research under 1969 PA 224, MCL 287.381 to 287.395.

(i)

Scientific research under sections 2226, 2671, 2676, and 7333 of the public health code, 1978 PA 368, MCL 333.2226, 333.2671, 333.2676, and 333.7333.

(j)

This section does not apply to a veterinarian or a veterinary technician lawfully engaging in the practice of veterinary medicine under part 188 of the public health code, 1978 PA 368, MCL 333.18801 to 333.18838.

(Ord. No. 1072, § 1, 12-14-09; Ord. No. 2112, § 1, 5-9-16, eff. 5-19-16)

(1)

No person shall keep, house, possess, breed, exchange, buy, sell, feed or harbor any animals within the city except domesticated dogs, domesticated cats, domesticated house birds, tank fish, domesticated rodents, domesticated rabbits, domesticated hens, domesticated ferrets or small tank reptiles. It shall be unlawful for a person to keep, house, possess, breed, exchange, buy, sell, feed or harbor any other animal, whether domesticated or not, in the city, including, but not limited to, the following animals:

(a)

Any primates including lemurs, lorisids, galagos, tarsiers, monkeys, or apes;

(b)

Any poisonous reptiles, spiders, insects or animals;

(c)

Any constrictor snakes four feet or more in length; snakes under four feet must be kept in cages and not permitted to roam freely;

(d)

Any feral cats and cats from the wild family, including bobcats, cheetahs, cougars, jaguars, leopards, lions, lynxes, mountain lions, panthers, pumas or tigers;

(e)

Any carnivorous animals including hybrid crosses of non-domesticated carnivorous animals, including, raccoons, skunks, wolfs, wolf hi-breeds or foxes;

(f)

Any crocodilians including alligators, crocodiles, gharials or caiman families;

(g)

Any waterfowl including, ducks, geese, swans or seabirds;

(h)

Any carnivorous marsupials including opossums, quolls, dunnarts, the numbats or Tasmanian devils;

(i)

Any swine including pigs, hogs, boars or pot bellied pigs;

(j)

Any pigeons or doves;

(k)

Any squirrels, ground squirrels, chipmunks, prairie dogs or woodchucks;

(l)

Any baby chicks, chickens, rabbits, ducklings, hens, roosters or other fowl;

(m)

Any bovine including, cows, cattle, oxen, or bulls;

(n)

Any equine including horses, ponies, donkeys, mules, or zorses;

(o)

Any venomous arachnids including spiders or scorpions;

(p)

Any ruminating mammals including cattle, goats, sheep, giraffes, bison, moose, elk, yaks, water buffalo, deer, camels, alpacas, llamas, antelope, pronghorn, or nilgai.

(2)

Domesticated Hens. A single-family residence shall be allowed to keep up to six domesticated hens. A domesticated hen shall mean a female chicken kept as a pet with the added benefit of the possibility of an egg for consumption but not for sale by the resident/owner. Roosters or male chickens are prohibited. A domesticated hen does not include any other type of fowl.

(a)

License required. A resident wishing to keep up to six domesticated hens shall obtain an annual license from the city and pay the required license fee established by city council. The license shall be valid from January 1, to December 31, of each calendar year. Only one license and fee per single-family residence shall be required for all domesticated hens allowed under this section. Each domestic hen licensed under this section, shall at all times have attached to the leg of the domestic hen, a leg band, that shall be supplied by the city, that shall have a number that corresponds to the license.

(b)

Adequate shelter, care and control required. Any person licensed to keep hens under this section shall comply with all of the provisions and definitions of the Code of Ordinances regarding care, shelter, sanitation, health, rodent control, cruelty, neglect, noise, reasonable control and any other requirements pertaining to the adequate care and control of domestic animals in the city. In addition, it shall be unlawful to slaughter a domestic hen for human consumption or other food source.

(c)

No ground feeding. Ground feeding shall be prohibited. A feeding container shall be used for feeding and all unused or unconsumed food shall be adequately secured and stored after every feeding as to prevent access by other animals or rodents. All feeding shall be conducted in a manner as to prevent unconsumed food to be left open or accessible by other animals or rodents.

(Ord. No. 1072, § 1, 12-14-09; Ord. No. 1077, §§ 1, 2, 12-13-10, eff. 1-1-13; Ord. No. 1090, § 1, 11-26-12, eff. 1-1-13; Ord. No. 1092, § 1, 1-14-13, eff. 1-25-13; Ord. No. 2111, § 1, 4-25-16, eff. 5-5-16; Ord. No. 2152, § 1, 4-27-20)

It shall be unlawful for any person having the charge or custody of an animal to do any of the following:

(1)

To allow any animal in their possession or control to run at large without reasonable control unless held properly in leash, tether or confined to an adequately fenced area on private property.

(2)

To leave an animal tethered or confined to an adequately fenced area on private property without having a person at the home who is monitoring and supervising the animal and who is capable of controlling the animal.

(Ord. No. 1072, § 1, 12-14-09; Ord. No. 2112, § 1, 5-9-16, eff. 5-19-16)

The keeping of any animal or fowl which, by causing loud, frequent or long-continued noise, that disturbs the comfort or repose of any person is deemed a nuisance per se and is unlawful.

(Ord. No. 1072, § 1, 12-14-09)

It shall be unlawful for any person to harbor bees within the city in a manner so that said bees shall become a nuisance, shall endanger persons, or shall cause damage to property within the city.

(Ord. No. 1072, § 1, 12-14-09)

No person except a police officer, animal control officer or someone acting under the direction of the chief of police, shall injure, kill or capture any bird or disturb any bird's nest or the contents thereof.

(Ord. No. 1072, § 1, 12-14-09)

It shall be unlawful for any person, firm or corporation to artificially color, spray or paint any bird or fowl; or to sell, offer for sale, or otherwise dispose of any such colored bird or fowl.

(Ord. No. 1072, § 1, 12-14-09)

A person who places a dead animal or part of the carcass of a dead animal into a lake, river, creek, pond, road, street, alley, lane, lot, field, meadow, or common, or in any place within one mile of the residence of a person, except the same and every part of the carcass is buried at least four feet underground, and the owner or owners thereof who knowingly permits the carcass or part of a carcass to remain in any of those places, to the injury of the health, or to the annoyance of another is guilty of a misdemeanor. Every 24 hours that the owner permits the carcass or part of a carcass to remain after a conviction under this section is an additional offense under this section, a misdemeanor punishable by a fine of not less than $50.00 or more than $500.00 or by imprisonment for not more than 90 days.

(Ord. No. 1072, § 1, 12-14-09)

Every person keeping or harboring any animal shall keep or cause to be kept all manure, or offal there from, which shall be deposited or accumulated from such animal securely and closely confined to or buried upon their premises and in such manner as will prevent it from being scattered from such place or deposit into or upon any street, sidewalk, alley or gutter of the city, and such person, shall so cover and care for it as to prevent any malodorous or offensive condition to exist and prevent any nuisance to arise there from. Yards and exercise runs shall also be kept free of uneaten food and maintained in a sanitary manner so as not to be a nuisance because of odor or attraction for insects or vermin.

(Ord. No. 1072, § 1, 12-14-09)

Any peddler, vendor, itinerant show, circus, carnival, baseball game, photographer or other person operating within the city which employs the use of an animal or animals in connection therewith shall, in addition to all other requirements of this chapter, furnish to the city a cash bond of $500.00 or a surety company bond in the penal amount of $1,000.00 to guarantee that the owner or operator of said activity employing the use of animals will present such animal or animals to the chief of police and the county health department, or the person designated by them, for inspection to determine whether such animal or animals are or are not rabid, and no license to operate such activity within the city shall be granted unless said bond has first been filed.

(Ord. No. 1072, § 1, 12-14-09)

The bond required by section 5-14 shall remain in full force and effect for a period of 90 days after the removal from the city of the animal or animals so employed, unless sooner released in writing by the chief of police. Upon such release, or the expiration of said 90 days, whichever is sooner, the city clerk is authorized and directed to return such bond to the person depositing same, without interest thereon, upon such person giving the city clerk his receipt thereof.

(Ord. No. 1072, § 1, 12-14-09)

Every licensee who employs animals in his activity shall forthwith present such animals for inspection to the chief of police or animal control officer and/or county health department and/or state, or to some person designated by them, upon notice to such licensee to so do.

(Ord. No. 1072, § 1, 12-14-09)

(1)

As used in this section:

(a)

"Dangerous animal" means a dog or other animal that bites or attacks a person, or a dog or other animal that bites or attacks and causes serious injury or death to another dog or animal. However, a dangerous animal does not include any of the following:

(i)

An animal that bites or attacks a person who is knowingly trespassing on the property of the animal's owner.

(ii)

An animal that bites or attacks a person who provokes or torments the animal.

(iii)

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 a lawful activity or is the subject of an assault.

(iv)

Livestock.

(b)

"Livestock" means animals used for human food and fiber or animals used for service to human beings. Livestock includes, but is not limited to, cattle, swine, sheep, llamas, goats, bison, equine, poultry, and rabbits. Livestock does not include animals that are human companions, such as dogs and cats.

(c)

"Owner" means a person who owns or harbors a dog or other animal.

(d)

"Provoke" means to perform a willful act or omission that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack by an ordinary dog or animal.

(e)

"Serious injury" means permanent, serious disfigurement, serious impairment of health, or serious impairment of a bodily function of a person.

(f)

"Torment" means an act or omission that causes unjustifiable pain, suffering, and distress to an animal, or causes mental and emotional anguish in the 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.

(Ord. No. 1072, § 1, 12-14-09)

(1)

Upon a sworn complaint that an animal is a dangerous animal and the animal has caused serious injury or death to a person or has caused serious injury or death to another animal, a district court magistrate, district court, or a municipal court shall issue a summons to the owner ordering him or her to appear to show cause why the animal should not be destroyed.

(2)

Upon the filing of a sworn complaint as provided in subsection (1), the court or magistrate shall order the owner to immediately turn the animal over to a proper animal control authority, 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 animal. The owner shall notify the person who retains the animal under this section of the complaint and order. The expense of the boarding and retention of the animal is to be borne by the owner. The animal shall not be returned to the owner until it has a current rabies vaccination and a license as required by law.

(3)

After a hearing, the magistrate or court shall order the destruction of the animal, at the expense of the owner, if the animal is found to be a dangerous animal that caused serious injury or death to a person or a dog. After a hearing, the court may order the destruction of the animal, at the expense of the owner, if the court finds that the animal 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 animal.

(4)

If the court or magistrate finds that an animal is a dangerous animal but has not caused serious injury or death to a person, the court or magistrate shall notify the animal control authority for the county in which the complaint was filed of the finding of the court, the name of the owner of the dangerous animal, and the address at which the animal was kept at the time of the finding of the court. In addition, the court or magistrate shall order the owner of that animal to do one or more of the following:

(a)

If the animal that has been found to be a dangerous animal is of the canis familiaris species, have an identification number tattooed upon the animal, at the owner's expense, by or under the supervision of a licensed veterinarian. The identification number shall be assigned to the animal by the Michigan department of agriculture and shall be noted in its records pursuant to Act No. 309 of the Public Acts of 1939, being sections 287.301 to 287.308 of the Michigan Compiled Laws. The identification number shall be tattooed on the upper inner left rear thigh of the animal by means of indelible or permanent ink.

(b)

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.

(c)

Have the animal sterilized.

(d)

Obtain and maintain liability insurance coverage sufficient to protect the public from any damage or harm caused by the animal.

(e)

Take any other action appropriate to protect the public.

(5)

The court may order a person under this section to pay the costs of the prosecution.

(Ord. No. 1072, § 1, 12-14-09)

(1)

It shall be unlawful for any person to:

(a)

Own any dog or cat six months old or over, unless the dog or cat is licensed as hereinafter provided;

(b)

Own any dog or cat six months old or over that does not at all times wear a collar with a tag approved by the city clerk, attached as hereinafter provided, except when engaged in lawful hunting accompanied by its owner or custodian;

(c)

Permit a female dog or cat to go beyond the premises of such owner when she is in heat, unless the female dog or cat is held properly in leash;

(d)

To remove any license tag from a dog or cat

(e)

To allow any dog or cat, except working dogs such as leader dogs, guard dogs, farm dogs, hunting dogs, and other such dogs, when accompanied by their owner or his or her authorized agent, while actively engaged in activities for which such dogs are trained, to stray unless held properly in leash, tether or confined to an adequately fenced area on private property. For purposes of this article, adequately fenced area on private property shall not include a fenced park or other public area, except that the city or county may designate a public fenced area as a dog park where a leash or tether is not required, provided that the person responsible with the custody of the dog shall maintain reasonable control of the dog while in the dog park.

(2)

If a dog or cat is required to be licensed under this act but is unlicensed, the dog or cat is a nuisance per se.

(Ord. No. 1072, § 1, 12-14-09)

(1)

The owner of a dog or cat that is six or more months old shall apply to the city clerk for a license for each dog or cat owned or kept by him or her.

(2)

The application shall state the breed, sex, age, color, and markings of the dog or cat, and the name and address of the owner. The application for a license shall be accompanied by a valid certificate of a current vaccination for rabies, with a vaccine licensed by the United States department of agriculture, signed by an accredited veterinarian. The certificate for vaccination for rabies shall state the month and year of expiration for the rabies vaccination. When applying for a license, the owner shall pay the license fee provided for by resolution of council. For a spayed or neutered dog or cat, the license fee, if any, shall be set lower than the license fee for a dog or cat that is not spayed or neutered. In addition, the license fee may be set higher for a delinquent application than for a timely application.

(Ord. No. 1072, § 1, 12-14-09)

A person who becomes owner of a dog or cat that is six or more months old and that is not already licensed shall apply for a license within 30 days. A person who owns a dog or cat that will become six months old and that is not already licensed shall apply for a license within 30 days after the dog or cat becomes six months old. The owner of a dog or cat that is required to be licensed under this section shall keep the dog or cat currently vaccinated against rabies by an accredited veterinarian with a vaccine licensed by the United States department of agriculture.

(Ord. No. 1072, § 1, 12-14-09)

(1)

Upon the issuance of an individual dog or cat license, the city clerk shall deliver to the applicant a metal tag of not less than one inch in length or diameter which shall be dated and bear a serial number, together with the words "City of Madison Heights, Michigan," and such serial number shall be inscribed upon the license so issued. Such metal tag shall be attached to the licensed dog or cat by means of a substantial collar or harness and no person shall remove any license tag from any dog or cat without the consent of the owner or the person to whom the license is issued except when such dog is engaged in lawful hunting accompanied by its owner or custodian. No tag shall be used on the collar or harness of any dog or cat other than that for which the tag was issued.

(2)

The license shall be valid for a period corresponding to the expiration of the current rabies vaccination and shall expire on the expiration of the rabies vaccination. The license shall be renewed within 30 days of the expiration of the current rabies vaccination.

(Ord. No. 1072, § 1, 12-14-09)

(1)

When issuing a dog or cat license pursuant to section, the city clerk shall also provide information to the dog or cat owner regarding both of the following:

(a)

The availability of microchip implantation and registration for dog or cats by a licensed veterinarian, an animal control shelter, or an animal protection shelter.

(b)

The availability of a statewide tattoo identification registry for dog or cats maintained by the state department of agriculture.

(Ord. No. 1072, § 1, 12-14-09)

If any dog or cat tag is lost, the city clerk, upon application by the owner of the dog or cat, shall replace it with proof of current vaccination and upon payment of the cost of a replacement tag.

(Ord. No. 1072, § 1, 12-14-09)

A person who owns or harbors a dog or cat shall produce proof of a valid dog or cat license upon request of a person who is authorized to enforce this ordinance.

(Ord. No. 1072, § 1, 12-14-09)

No license or license tag issued for a dog or cat shall be transferable to another dog or cat. Whenever the ownership or possession of any dog or cat is permanently transferred from one person to another within the city, the license of such dog or cat may be likewise transferred, upon notice given to the city clerk who shall note such transfer upon his or her record. This act does not require the procurement of a new license, or the transfer of a license already secured, when the possession of a dog or cat is temporarily transferred, for the purpose of hunting game, or for breeding, trial, or show.

(Ord. No. 1072, § 1, 12-14-09)

Dogs or cats permitted under this chapter are limited to not more than three in number per residence or business except puppies or kittens under six months of age or as otherwise set out in this chapter.

(Ord. No. 1072, § 1, 12-14-09)

(1)

For the purposes of this act, a kennel shall be construed as an establishment wherein or whereon three or more dogs or cats, of the age of six months or over, are confined and kept for sale, boarding, or training purposes, for remuneration, and a kennel facility shall be so constructed as to prevent the public or stray dogs or cats from obtaining entrance thereto and gaining contact with dogs or cats lodged in the kennel.

(2)

No person shall operate a kennel without obtaining a kennel license from the state or county and an annual license from the city to operate said kennel within the city. A license shall be issued only after there has been compliance with all codes and ordinances of the city, including, but not limited to, the business license and zoning regulations.

(3)

Each kennel license shall be posted in a conspicuous place on the premises where the kennel is maintained and no kennel license shall be transferable.

(4)

All dogs and cats retained in any kennel shall be vaccinated and licensed subject to the provisions of this chapter.

(5)

The license fee for a kennel shall be set by resolution of council. No kennel license shall be issued unless the applicant has also obtained a license from the state or county.

(6)

This section shall not apply to a registered nonprofit rescue organization or establishment wherein or whereon three or more dogs or cats are temporarily kept while awaiting adoption or other disposition.

(Ord. No. 1072, § 1, 12-14-09)

The licensee of a kennel shall, at all times, keep one of such tags attached to a collar on each dog or cat six months old or over kept by him or her under a kennel license. No dog or cat bearing a kennel tag shall be permitted to stray or be taken anywhere outside the limits of the kennel. This section does not prohibit the taking of dog or cats having a kennel license outside the limits of the kennel temporarily and in leash, nor does it prohibit the taking of such dog or cats out of the kennel temporarily for the purpose of hunting, breeding, trial or show.

(Ord. No. 1072, § 1, 12-14-09)

(1)

A district court magistrate or the district court shall issue a summons similar to the summons provided for in section 5-22 to show cause why a dog or cat should not be killed, upon a sworn complaint that any of the following exist:

(a)

A dog or cat over six months old is running at large unaccompanied by its owner or is engaged in lawful hunting and is not under the reasonable control of its owner without a license attached to the collar of the dog or cat.

(b)

A dog or cat, licensed or unlicensed, has destroyed property or habitually causes damage by trespassing on the property of a person who is not the owner.

(c)

A dog or cat, licensed or unlicensed, has attacked or bitten a person.

(d)

A dog or cat has shown vicious habits or has molested a person when lawfully on public property.

(e)

A dog or cat duly licensed and wearing a license tag has run at large contrary to this act.

(2)

After a hearing the district court magistrate or the district court may either order the dog or cat killed, or confined to the premises of the owner. If the owner disobeys this order the owner may be punished under section 5-41. Costs as in a civil case shall be taxed against the owner of the dog or cat, and collected by the city.

(Ord. No. 1072, § 1, 12-14-09)

Nothing in this chapter shall be construed as limiting the common law liability of the owner of a dog or cat for damages committed by it.

(Ord. No. 1072, § 1, 12-14-09)

If any person is bitten by any dog or cat, it shall be the duty of that person, or the owner or custodian of the dog or cat having knowledge of the same, to report the same to the police department within 12 hours thereafter. If the owner or custodian of any dog or cat has any reason to believe or suspect that such dog or cat has become infected with rabies, it shall be the duty of that person to report the same to the police department within 12 hours thereafter.

(Ord. No. 1072, § 1, 12-14-09)

In the event the police department receives a report as set out in section 5-37, the animal control officer or police department shall take such dog or cat into its possession and deliver it to the animal control shelter. Such dog or cat shall be held in quarantine for a ten-day period. The animal control officer shall promulgate and adopt such rules as he or she deems necessary for the procedure in all such cases and for the disposition of any dog or cat delivered into his or her custody. The animal control officer may, in limited circumstances, promulgate and adopt a procedure to allow for a home quarantine of a dog or cat, when in the opinion of the animal control officer, such home quarantine is warranted and would not pose a danger to the public health, safety and welfare. Any statutes or administrative rules promulgated by the state concerning quarantine or disposition of animals shall supersede this chapter.

(Ord. No. 1072, § 1, 12-14-09)

(1)

The city shall provide an animal control shelter and it shall be the duty of the animal control officer or any other authorized person to seize, take up and place in said control shelter any dog or cat running at large or being kept or harbored in any place in the city contrary to the provisions of this chapter.

(2)

It shall be the duty of the animal control officer:

(a)

To make diligent inquiry as to the dogs or cats owned, harbored, kept or kennels operated in the city, and whether such dogs or cats in kennels are licensed.

(b)

To issue ordinance violation tickets to those persons owning or harboring dogs or cats contrary to the provisions of this chapter.

(c)

To destroy, in a humane manner, all impounded dogs or cats. Provided that the animal control officer shall not sell or otherwise dispose of a dog or cat within four days after its acquisition. If the dog or cat has a collar, license, or other evidence of ownership, the operator of the animal control officer shall notify the owner in writing and disposition of the animal shall not be made within seven days from the date of mailing the notice. Each operator of an animal control officer shall be required to maintain a record on each identifiable dog or cat acquired, indicating a basic description of the animal, the date it was acquired and under what circumstances. The record shall also indicate the date of notice sent to the owner of an animal and subsequent disposition. This section does not apply to animals which are sick or injured to the extent that the holding period would cause undue suffering, or to animals whose owners request immediate disposal. The carcasses of dogs or cats destroyed at the animal control shelter or elsewhere shall be disposed of by the animal control officer, or other designated authority, in a manner approved by the health department.

If, in the animal control officer's judgment, said dog or cat is valuable or otherwise desirable for keeping, the animal control officer may dispose of said dog or cat to any person, shelter or animal rescue organization who will undertake to remove said dog or cat from the city and provide for the adoption of said dog or cat or keep and harbor said dog or cat within the city in accordance with the provision of this chapter.

(Ord. No. 1072, § 1, 12-14-09)

(1)

No animal shall be released from the animal control shelter unless the owner or person entitled to claim the animal shall pay the following costs and fees:

(a)

Impounding and/or quarantine fees.

(b)

The cost of board, rabies vaccination and other costs incurred or expended for the care and treatment of the animal.

(c)

Any license fee required.

(2)

All dogs and cats released from the animal control shelter to owners or purchasers thereof shall be immunized if the dog or cat has not been so immunized within the preceding 12 months. All animals not claimed and released from the animal control shelter shall be destroyed or otherwise disposed of as provided in this chapter and state law. Adequate records will be kept to report the disposition of all animals brought to the animal control shelter.

(Ord. No. 1072, § 1, 12-14-09)

Unless otherwise provided, a person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days and fine of not more than $100.00.

(Ord. No. 1072, § 1, 12-14-09)