Sturgis City Zoning Code

Unless provided otherwise by law or in this chapter, violations of this chapter are a municipal civil infraction.

(Ord. of 2-28-2001, § 90.99; Ord. of 7-25-2001, § 4.09)

The chief of police or his designate may serve, or cause to be served, upon the owner or person harboring any dog or cat in violation of the provisions of this chapter a written notice, setting forth the time, date, place and circumstances of the violation and directing such owner or person harboring the dog or cat to comply with the provisions of this chapter.

(Code 1969, § 90.05; Ord. of 2-28-2001, § 90.05)

No owner or person having custody of any dog or other animal shall permit such dog or other animal to defecate on any school grounds, public street, alley, sidewalk, terrace, park, other public grounds or private property in the city, other than on the premises of such owner or person, unless such defecation is promptly removed.

(Code 1969, § 90.07; Ord. of 2-28-2001, § 90.07)

(a)

No person shall own, harbor, or keep a dog which runs at large at any time beyond the limits of the lands owned or possessed by its owner, keeper, or harborer, or on the public streets, sidewalks, alleys, or on other public property.

(b)

For the purpose of this section, a dog shall not be considered to be running loose or at large whenever it is under control at all times of any person by means of a leash, chain, cord, or rope of not more than six feet in length.

(c)

Any dog found running at large may be impounded by any police officer and turned over to the county animal control officer for disposition as prescribed by the statutes of the state and policies adopted by the city and county.

(Code 1969, §§ 90.01, 90.03; Ord. of 2-28-2001, §§ 90.01, 90.03; Ord. of 4-12-2010)

(a)

Generally. No person, group of persons, association or corporation shall own or harbor a dog which:

(1)

At any time has destroyed property, or habitually trespasses in a damaging way, or habitually commits a nuisance on the property of persons other than the owner or the person harboring the dog;

(2)

Habitually runs or barks at pedestrians or vehicles;

(3)

Is kept upon the premises of the owner or person harboring such dog under such unsanitary conditions that the maintenance or keeping of the dog creates vile smells, to the annoyance of the public in the vicinity; or

(4)

Causes a serious annoyance to the neighborhood, or to people passing upon the streets, by loud or frequent or habitual barking, yelping or howling.

(b)

Hearing. Upon sworn complaint thereof to any court of competent jurisdiction, anyone who shall own, keep or harbor a dog in violation of subsection (a) of this section may be served with a summons, returnable at such time as the court shall direct, ordering him to show cause why such dog should not be destroyed, after a hearing on the merits. The court may order such dog destroyed or may make such other or further orders as the circumstances may require. If the person owning, keeping or harboring such dog shall disobey such order, he shall be liable for the punishment provided in section 10-1.

(Code 1969, §§ 90.02, 90.06; Ord. of 2-28-2001, §§ 90.02, 90.06; Ord. of 4-12-2010)

Cross reference— Nuisances, ch. 34.

State Law reference— Dangerous animals, MCL 287.321 et seq.

No person, group of persons, association or corporation shall own, keep or harbor more than two dogs, other than a dog serving or which has served with a canine handler as a member of a recognized police agency, at a property within the city. This section shall not apply to the owning, keeping, or harboring of any dog pups until they attain the age of four months.

(Code 1969, § 90.04; Ord. of 2-28-2001, § 90.04; Ord. of 6-10-2015)

Editor's note— An ordinance adopted June 10, 2015, changed the title of § 10-33 from "Operating a kennel in the city prohibited" to read as set out herein.

(a)

Definitions.

Dangerous animal means a dog or other animal that bites or attacks a person, or a dog that bites or attacks and causes serious injury or death to another dog while the other dog is on the property or under the control of its owner, or poses a serious threat to the citizenry. However, a dangerous animal does not include any of the following:

(1)

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

(2)

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

(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 a lawful activity or is the subject of an assault.

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

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.

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

Serious threat means the animal has demonstrated behavior that would lead an ordinary reasonable person to conclude it will likely cause serious injury to a person in the future.

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.

(b)

Immediate seizure; sworn complaint; summons; surrender of animal; expense; rabies vaccination and license required; destruction of animal; notification of animal control authority; ordering owner of animals to take certain actions.

(1)

Whenever an animal is reported to have bitten or attacked any person, the proper animal control authority or any police officer may immediately seize the animal and confine the same in a local veterinarian hospital or local municipally operated animal shelter for a period of at least ten days for the purpose of ascertaining whether the animal is afflicted with rabies. Alternatively, the proper animal control authority or any police officer may notify the owner in writing to confine the same in a local veterinarian hospital or local municipally operated animal shelter for a period of at least ten days for the purpose of ascertaining whether the animal is afflicted with rabies and it shall be the duty of the owner to accomplish the confinement within 12 hours of receiving notice. If the animal is afflicted with rabies it shall be destroyed under the direction of the proper animal control authority. If the animal is not afflicted with rabies, it shall be returned to its owner unless there is a reasonable belief by the proper animal control authority or any police officer that it poses a continuing serious threat to the citizenry. Even if the proper animal control authority or any police officer is satisfied that any such animal is not afflicted with rabies and the animal is not quarantined, it may still be subject to immediate seizure if there is a reasonable belief that it poses a continuing serious threat to the citizenry. An animal posing a continuing serious threat to the citizenry is subject to immediate seizure even if it has not yet bitten or attacked as otherwise contemplated by this section. In the event that any animal is confined under the provision of this section, the owner shall be liable for any fees and costs which accrued because of the detention of the dog.

(2)

In the event that an animal has been seized because the animal is believed to be a dangerous animal that has caused serious injury or death to a person or has caused serious injury or death to a dog or poses a continuing serious threat to the citizenry, the seizing authority shall initiate through the city attorney proceedings with the district court within 72 business hours of the seizure. The proper animal control authority or a police officer may also initiate such proceeding through the city attorney in situations where immediate seizure is deemed unnecessary. 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 a dog or poses a continuing serious threat to the citizenry, 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.

(3)

In the event that an animal has not been immediately seized, upon the filing of a sworn complaint as provided in subsection (b) stating 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 a dog, 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.

(4)

At a hearing it shall be the burden to the city attorney to prove by a preponderance of the evidence that the animal is a dangerous animal and that it has caused serious injury or death to a person or has caused serious injury or death to a dog or poses a continuing serious threat to the citizenry. 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.

(5)

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.

Take specific steps, such as escape-proof fencing or enclosure, including a top or roof, to ensure that the animal cannot escape or unauthorized individuals cannot enter the premises.

b.

Have the animal sterilized.

c.

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

d.

Take any other action appropriate to protect the public.

(c)

Owner guilty misdemeanor; penalty; costs.

(1)

If an animal previously adjudicated to be a dangerous animal attacks or bites a person and causes an injury that is not a serious injury, the owner of the animal is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, a fine of not less than $250.00 nor more than $500.00, or community service work for not less than 240 hours, or any combination of these penalties.

(2)

If the owner of an animal that is previously adjudicated to be a dangerous animal allows the animal to run at large, the owner is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, a fine of not less than $250.00 nor more than $500.00, or community service work for not less than 240 hours, or any combination of these penalties.

(3)

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

(d)

Severability. The invalidity of any clause, sentence, paragraph or part of this section shall not affect the validity of the remaining parts of this section.

(Ord. of 4-12-2010)

Whenever a person violates section 10-62, 10-63 or 10-64, his animal or fowl may be impounded by the city health officer.

(Code 1969, § 90.13; Ord. of 2-28-2001, § 90.13)

No owner or keeper of any cattle, horses, mules, sheep, swine, goats, or any person having any such animals in their possession, shall allow such animals to run at large upon any of the public streets, lanes, alleys, parks or highways, within the city.

(Code 1969, § 90.10; Ord. of 2-28-2001, § 90.10)

No person or persons shall keep a pig, or maintain a pig sty within the residential portion of the city.

(Code 1969, § 90.11; Ord. of 2-28-2001, § 90.11)

No horse, cow, calf, swine, sheep, goat, chickens, geese, ducks, donkeys, or pigeons shall be kept in any dwelling or part thereof. No such animals or fowl shall under any circumstances be kept on the same lot or premises with a dwelling unless they are maintained in connection with the operation of a bona fide farm. Notwithstanding the foregoing, it shall be permissible to own, keep, or harbor not more than two adult rabbits per household, together with not more than eight young rabbits until they attain the age of four months.

(Code 1969, § 90.12; Ord. of 2-28-2001, § 90.12)