It shall be the duty of the owner or custodian of any cattle, horses, sheep, swine, poultry, or other domestic animals, except dogs and cats, to see that such animals are confined upon the premises of the owner or custodian thereof unless the animals are otherwise under reasonable control of a person of sufficient age and discretion.

(Ord. No. 71, § 1, 9-18-72)

State Law reference— Livestock running at large prohibited, MCL 433.51 et seq.

The owner of any stable, pen or enclosure where any kind of livestock is kept shall keep the stable, pen or enclosure in a clean and sanitary condition at all times and shall, as often as need be, remove the accumulation of manure or other excreta in order to prevent the same from becoming a nuisance to any neighbor.

(Ord. No. 21, § 4, 1-19-54)

When any animal shall die within the limits of the township, the owner thereof or the person in possession of the animal shall, within twelve (12) hours thereafter, bury the same or cause the same to be removed or disposed of in a manner approved by the proper township authorities.

(Ord. No. 21, § 3, 1-19-54)

State Law reference— Bodies of dead animals, MCL 287.231 et seq.

The following terms when used in this article shall have the meanings set forth in this section:

Attack means the use of force by a dog against a person, another dog or domesticated animal (a "victim") consisting of either two (2) or more bites, one (1) bite combined with pulling, shredding and/or shaking, (1) one bite with a refusal to release, leaving the property of its owner to chase after a victim, or knocking a person to the ground.

Bite means the use of force by a dog against a person, another dog or domesticated animal (a "victim") by seizing or grabbing a victim, by use of the dog's mouth or teeth, causing the breaking, tearing or puncturing of the victim's skin, animal coat or equivalent, or the breaking, tearing or damaging of the victim's bones, muscles, arteries, veins or other body part.

Dangerous dog means a dog that is afflicted with rabies or a dog that bites or attacks a person, causing serious injury, or a dog that bites or attacks a dog or domesticated animal, causing serious injury, while the other dog or domesticated animal is on the property or under the control of its owner. However, a dangerous dog does not include any of the following:

(a)

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

(b)

A dog that bites or attacks a person who provokes or torments the dog.

(c)

A dog that is responding in a manner that an ordinary and reasonable person would conclude that the dog was acting in self defense or in defense of a person, if that person is engaged in a lawful activity or is the subject of an assault.

Dog means an animal of the species Canis familiaris or Canis lupus familiaris, whether male, female or unsexed.

Domesticated animal means a personal domestic pet (such as a dog, cat and other common household pets), as defined in chapter 26, article IV, section 26-75 of the Township Code of Ordinances.

Owner means any person having a right or property interest in a dog, any person who keeps or harbors a dog or has it in his or her care, or any person who permits a dog to remain in or about any premises occupied or owned by such person.

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

Reasonable control means held securely on a leash of adequate strength and length by a responsible person of suitable age and strength in relationship to the size and strength of the dog, confined in an enclosed vehicle or container or lawfully in a dog park as defined and provided for in chapter 16.

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

Torment means an act or omission that causes unjustifiable pain, suffering and distress to a dog, or causes mental and emotional anguish in the dog 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 a bite or attack.

(Ord. No. 63A, § 77, 6-3-74; Ord. No. C-231-B, § 1, 5-6-02; Ord. No. C-231-C, § 1, 7-10-06; Ord. No. C-231-D, § 1, 9-11-06)

Cross reference— Definitions and rules of construction generally, § 1-2.

No person shall keep or harbor a dog which by loud or frequent or habitual barking, yelping or howling shall cause a serious annoyance to the neighborhood, or to people passing upon the streets.

(Ord. No. 63A, § 78, 6-3-74)

An owner of a dog shall keep and maintain the premises occupied by such dog free of dog droppings, uneaten food, and maintained in a sanitary manner so as not to be a nuisance because of odor or attraction for flies and vermin.

(Ord. No. 63A, § 79, 6-3-74; Ord. No. C-231-A, § 1, 4-18-94)

It shall be unlawful for any person to keep a dog which is six (6) months of age or older without obtaining a proper license and vaccination as required by the county and state.

(Ord. No. 63A, § 80, 6-3-74)

State Law reference— Dog license, MCL 287.266 et seq.

An owner of a dog shall keep such dog confined upon the premises of an owner or under reasonable control at all times.

(Ord. No. 63A, § 81, 6-3-74; Ord. No. C-231-A, § 1, 4-18-94; Ord. No. C-231-C, § 1, 7-10-06; Ord. No. C-231-D, § 1, 9-11-06)

(a)

Except when lawfully in a dog park as defined and provided for in chapter 16, an owner, person in possession or person that is or should be in control of a dog, shall keep and maintain such dog restrained by a suitable leash when on property not owned or occupied by that person.

(b)

It shall be unlawful for an owner of a dog to fail to remove any excrement of the dog from land other than of its owner.

(Ord. No. C-177, § 1, 5-1-89; Ord. No. C-231, § 1, 9-5-89; Ord. No. C-231-A § 1, 4-18-94; Ord. No. C-231-B, § 1, 5-6-02)

(a)

Upon a sworn complaint that a dog is a dangerous dog by virtue of being afflicted by rabies or is a dangerous dog that has caused serious injury or death to a person or has caused serious injury or death to a dog or domesticated animal, a district court magistrate or a district court shall issue a summons to the owner ordering him or her to appear to show cause why the dog should not be destroyed.

(b)

Upon the filing of a sworn complaint as provided in subsection (a), the district court magistrate or district court shall order the owner to immediately turn the dog over, within a period of time not to exceed twenty-four (24) hours from the date of service or notice of the sworn complaint, to a proper animal control authority, an incorporated humane society, a licensed veterinarian, or a boarding kennel (collectively "the facility"), at the owner's option, to be retained by the facility until a hearing is held and a decision is made for the disposition of the dog. The owner shall notify the facility who retains the dog under this subsection of the sworn complaint and order. The expense of the boarding and retention of the dog is to be borne by the owner. The dog shall not be returned to the owner until it has a current rabies vaccination as required by law and a license as required by ordinance. Upon failure of the owner to turn the dog over, in a timely and proper fashion as required above, the district court magistrate or district court may issue an order to seize the dog for placement, at the expense of the owner.

(c)

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

(d)

After a hearing, a district court magistrate or district court may 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 dog or domesticated animal. After a hearing, the court may order the destruction of the dog, at the expense of the owner, if the court finds that the animal is a dangerous dog that did not cause serious injury or death to a dog or domesticated animal but is likely in the future to cause serious injury or death to a dog or domesticated animal or in the past has been adjudicated a dangerous dog.

(e)

In those cases described in subsection (d) above, a district court magistrate or district court may order, in lieu of destroying the dog, some or all of the requirements specified in subsections (f) and (f)(1)—(6) below be imposed; provided, however, the owner shall submit evidence satisfactory to the district court magistrate or district court that said requirements in subsections (f) and (f)(1)—(5) will be sufficient to prevent a reoccurrence and that owner will comply with said requirements as ordered by the court.

(f)

If the district court magistrate or district court judge finds that a dog is a dangerous dog but has not caused serious injury or death to a person or has not caused serious injury or death to a dog or domesticated animal, the district court magistrate or district court 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 dog was kept at the time of the finding of the court. In addition, the district court magistrate or district court shall order the owner of that dog to do one (1) or more of the following:

(1)

Have an identification number, either tattooed upon the dog and/or by insertion of a microchip under the skin between the shoulder blades of the dog, 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 Michigan Department of Agriculture and shall be noted in its records pursuant to Act No. 309 of the Public Acts of 1939, being MCL 287.301 to 287.308. If, the identification number is a tattoo, the tattoo shall be placed 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 dog cannot escape or non-authorized individuals cannot enter the premises.

(3)

Have the dog sterilized.

(4)

Have the dog muzzled.

(5)

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

(6)

Take any other action appropriate to protect the public.

(Ord. No. C-231-C, § 2, 7-10-06; Ord. No. C-231-D, § 2, 9-11-06)

In addition to the sanctions against a dangerous dog specified above, violations of the provisions of this article are designated as a municipal civil infraction against the owner, with the penalties being as provided in chapter 1, subsection 1-10(b)—(d) of the Township Code of Ordinances, unless the dangerous dog bites or attacks a person, in which case a violation of these provisions shall constitute a criminal misdemeanor against the owner, with the penalties being as provided in chapter 1, subsection 1-10(a), (c) and (d) of the Township Code of Ordinances. In either case, the court may order a defendant to pay full restitution to the victim or owner of the victim dog or domesticated animal for actual costs and expenses incurred.

(Ord. No. C-231-C, § 2, 7-10-06; Ord. No. C-231-D, § 2, 9-11-06)

(a)

It shall be unlawful for any person to hunt by any means any animals, birds, or fowl within the township. For purposes of this article, "hunt" shall mean to take, entrap, ensnare, injure, maim, capture, shoot, kill, throw an object at, or harm, or pursue, chase, follow, or harass with an intent to take, entrap, ensnare, injure, maim, capture, shoot, kill, throw an object at, or harm, or an attempt to engage in such activity.

(b)

The provisions of subsection (a) shall not apply to the following:

(1)

Police officers or animal control officers when attending to stray domestic animals or dangerous wildlife, or nuisance animals, or any person defending himself, herself or others or domesticated animals from the attack of a stray domestic animal, dangerous wildlife or nuisance animals.

(2)

Any person acting to protect and/or maintain real or personal property, owned by or under the lawful control of that person, from damage caused by nuisance animals, including but not limited to stray dogs, rats, mice, gophers, moles, raccoons, bats, groundhogs, muskrats, opossum, skunks, and snakes; provided, however, that persons acting to so protect and/or maintain such property shall so do in the most humane manner practicable.

(3)

Any person trapping any animal by the use of a live trap for the purpose of live release as permitted by and in accordance with the Michigan Department of Natural Resources rules and regulations.

(c)

A violation of this section shall constitute a misdemeanor and subject the responsible party to the penalties as provided in section 1-10 of the township code. Additionally, the West Bloomfield Township Police Department shall confiscate from any violators any firearms, bows-and-arrows, slingshots, traps, and/or any other weapons used in violation of this section.

(Ord. No. C-617, § 1, 12-17-01)

Note— See editor's note following § 16-33, of this Code.