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Chapter 6
ANIMALS*
Sec. 6-1. Definitions.
Sec. 6-2. Penalties.
Sec. 6-3. Reserved.
Sec. 6-4. Responsibilities; authority.
Sec. 6-5. Owner responsibility.
Sec. 6-6. Interference; authority of police and animal control officers.
Sec. 6-7. Impoundment.
Sec. 6-8. Licensing; rabies vaccination.
Sec. 6-9. General prohibitions.
Sec. 6-10. Reserved.
Sec. 6-11. Abandonment.
Sec. 6-12. Animals running loose.
Sec. 6-13. Removal of animal excrement.
Sec. 6-14. Confinement of animals; number of dogs and cats which may be
kept.
Sec. 6-15. Dangerous dogs; confinement and handling; number.
Sec. 6-16. Other dangerous animals; confinement.
Sec. 6-17. Livestock and poultry.
Sec. 6-18. Beekeeping.
*State law references—Animal control ordinances, MCL 287.290; Dogs Law of 1919, MCL 287.261 et seq.; dangerous
animals, MCL 287.321 et seq.
Supp. No. 3 CD6:1
ANIMALS § 6-1
Sec. 6-1. Definitions. ous or otherwise present a risk of physi-
cal harm or death to human beings as a
The following words, terms and phrases, when result of their nature or physical makeup,
used in this chapter, shall have the meanings including all constrictors.
ascribed to them in this section, except where
the context clearly indicates a different meaning: (2) Any dog or cat having a disposition or
propensity to attack or bite any person or
Animal control authority means the county animal without provocation.
and the city and their designated officers. The
licensing authority and the animal control author- Dangerous animal does not include any of the
ity may be, but are not necessarily, the same following:
entity. (1) An animal that bites or attacks a person
Animal control shelter means a facility oper- who is knowingly trespassing on the
ated by the county and, in addition, if designated property of the animal's owner.
and contracted, other facilities under contract (2) An animal that bites or attacks a person
with the city for the impoundment and care of who provokes or torments the animal.
animals that are found in the streets or at large,
(3) An animal that is responding in a manner
animals that are otherwise held due to the
that an ordinary and reasonable person
violation of a municipal ordinance, county
would conclude was designed to protect a
ordinance or state law, or animals that are
person if that person is engaged in a
surrendered to the animal control shelter.
lawful activity or is the subject of an
Control means having an animal in confine- assault.
ment as described or required by this chapter, or
Handler means any person having control of
restrained by its owner on a leash no greater
an animal, whether or not by the consent or
than six feet in length and of sufficient strength
direction of the owner.
to confine the animal, or in certain cases where
specified in this chapter, a shorter leash. The Impound means to place any animal in the
term "control" shall not mean allowing an animal custody or control of an animal control shelter.
to go unleashed outside of its confinement or Licensing authority means the county, in
pen. accordance with state law and county ordinance.
Livestock means horses, cows, swine, sheep,
Dangerous animal means a dog or other animal
goats, or any hoofed animal.
that bites or attacks or threatens to attack a
person (as evidenced by snarling, snapping or Owner means a person having the custody of
lunging); or a dog that bites or attacks and an animal or who keeps or harbors an animal, a
causes serious injury or death to another dog person having the authority of the owner to be
while the other dog is on the property or under the handler of the animal, or a person who
the control of its owner. Dangerous animal also knowingly permits an animal to remain on or
includes the following: about any premises occupied by that person.
Poultry includes chicken, ducks, geese, pheas-
(1) Any mammal, amphibian, reptile, or fowl
ants, or other fowl of a type normally used for
of a species which, due to size, vicious
food or egg production.
nature or other characteristic, would
constitute a danger to human life, physi- Restraint. A dog or cat shall be considered
cal well-being or property, including, but under restraint if it is within the real property
not limited to, lions, tigers, leopards, limits of its owner or secured by its owner on a
panthers, bears, wolves or wolf hybrids, leash or lead no greater than six feet in length
apes, gorillas, monkeys of a species with and of sufficient strength to confine the animal.
an average adult weight in excess of 20 Any other animal is considered restrained only if
pounds, foxes, elephants, alligators, it is effectively prevented from escape by appropri-
crocodiles and snakes which are poison- ate means.
Supp. No. 13 CD6:3
§ 6-1 MUSKEGON CITY CODE
Vicious animal means any animal which: Sec. 6-3. Reserved.
(1) Has killed a person; or
Sec. 6-4. Responsibilities; authority.
(2) Has inflicted serious injury to a person;
or
(a) It is determined by the city that owner-
(3) Has continued to exhibit the behavior ship of an animal is a privilege which carries
which resulted in a previous finding by a with it responsibilities to the city and all persons
court or animal control officer that it is a therein with regard to the care, custody, and
dangerous or vicious dog, provided that handling of the animal.
its owner has been given notice of that
finding. (b) This chapter shall not be construed to
limit or substitute for the authority or functions
Wild animal means any living member of the of the county animal control shelter or animal
animal kingdom, including those born or raised control department.
in captivity, except the following:
(1) Domestic dogs (excluding hybrids with (c) The regulations set forth in this chapter
wolves, coyotes, or jackals). are supplemental to and not in substitution of
the county animal control department, any county
(2) Domestics cats (excluding hybrids with ordinance related thereto or the state law regard-
ocelots or margays). ing county animal control.
(3) Ferrets.
(d) The provisions of this chapter shall be
(4) Rodents. construed to impose the primary responsibility
(5) Captive-bred species of common cage for compliance with its provisions on the owner,
birds. the handler, or on any person in control of any
(Code 2002, § 6-1; Ord. No. 2064, § 3.2, 12-11- animal. No animal of any kind shall be kept in
2001; Ord. No. 2222, 5-22-2007; Ord. No. 2268, the city or be present in the city in violation of
12-8-2009; Ord. No. 2475, 3-14-2023) the provisions of this chapter.
(Code 2002, § 6-4; Ord. No. 2064, §§ 3.0, 3.1, 3.3,
Sec. 6-2. Penalties. 12-11-2001; Ord. No. 2268, 12-8-2009; Ord. No.
2475, 3-14-2023)
Any person violating this chapter shall be
subject to one or more of the following penalties
as applicable: Sec. 6-5. Owner responsibility.
(1) Any person violating section 6-15 involv- (a) All dogs and cats shall be kept under
ing dangerous dogs shall be guilty of a restraint, except for a service animal actively
misdemeanor. engaged in performing its duty or a dog actively
(2) Any person violating any other prohibi- engaged in training or performance event or
tion of this chapter shall be responsible competition. Dogs or cats shall not be permitted
for a municipal civil infraction. The to be at large in the city.
schedule of fines for municipal civil infrac-
(b) Every vicious dog or cat, as determined by
tions is set forth in section 46-204.
a police officer or the animal control authority,
(3) All persons found in violation shall be shall be confined by its owner within a building
subject to further injunctive or other or secure enclosure and shall be securely muzzled
equitable relief as the city may determine or caged whenever off the premises of its owner.
to pursue, including destruction of the
animal in question. (c) The owner of every dog or cat shall be held
(Code 2002, § 6-2; Ord. No. 2064, § 3.16, 12-11- responsible for every behavior of such dog or cat
2001; Ord. No. 2475, 3-14-2023) under the provisions of this chapter.
Supp. No. 13 CD6:4
ANIMALS § 6-9
(d) Fecal matter shall be collected and removed Sec. 6-8. Licensing; rabies vaccination.
from the area where the animal is harbored or
kept. (a) No person shall own, keep, or harbor any
(Code 2002, § 6-5; Ord. No. 2064, § 3.9, 12-11- dog over four months of age within the city
2001; Ord. No. 2229, 7-10-2007; Ord. No. 2268, unless such dog is vaccinated and licensed, as
12-8-2009; Ord. No. 2475, 3-14-2023) required by state law, county ordinance or both.
The provisions of this section do not apply to
Sec. 6-6. Interference; authority of police animals owned by a licensed research facility or
and animal control officers. held in a veterinary medical facility or govern-
ment operated or licensed animal shelter.
(a) No person shall interfere with, oppose,
hinder, or molest any agent of the animal control (b) All dogs shall be vaccinated against rabies,
authority in the performance of any duty as and certified as so vaccinated, as required by
provided in this chapter. state law, county ordinance or both.
(Code 2002, § 6-8; Ord. No. 2064, § 3.5, 12-11-
(b) If seizure and impoundment of a danger- 2001; Ord. No. 2268, 12-8-2009; Ord. No. 2475,
ous animal is not possible without risk of serious 3-14-2023)
physical harm or death to any person, the animal
may be killed by a police officer or animal control Sec. 6-9. General prohibitions.
officer at the time of seizure or impoundment.
(Code 2002, § 6-6; Ord. No. 2064, § 3.7, 12-11- The following actions or failures to act shall
2001; Ord. No. 2475, 3-14-2023) constitute a violation of this chapter, in addition
to other prohibitions or violations found in this
Sec. 6-7. Impoundment. chapter.
(a) Impoundment shall occur, where authorized (1) Training an animal to engage in vicious
by this chapter, at the county animal shelter or behavior.
at an animal control shelter or other designated
contracted facility registered under Public Act (2) Training any animal for fighting or
No. 287 of 1969 (MCL 287.331 et seq.) to provide contests with other animals; carrying on,
services to include impounding of animals promoting or being present at such a
delivered to the shelter by authority of the city or fighting event between animals.
the county. A contract with an animal control (3) Cruelty to any animal or poisoning an
shelter may include shelters in addition to the animal.
county animal shelter for services, impound-
ment, confinement or other functions which the (4) Molesting small wild animals, birds or
county elects not to perform or is unable to birds' nests.
perform. The services and functions of the animal (5) Allowing an animal to constitute a
control shelter are governed by state law and nuisance to surrounding properties or
county ordinance, if any. other persons in the vicinity.
(b) Any animal control shelter in which an (6) Harboring or keeping any dog which
animal is impounded shall carry on release, commits frequent or habitual barking,
treatment, adoption or disposal of animals in yelping or howling.
accordance with the requirements of state law.
No dog or cat shall be released for adoption to (7) Having a dog on any beach in the city,
any person without being neutered. If the animal even if controlled, except for a blind
is too young to neuter at the time of adoption, the person controlling a guide dog at any
fee shall be paid for services, which shall be time, and except during the months of
performed at a later date. October through March, or except as
(Code 2002, § 6-7; Ord. No. 2064, § 3.6, 12-11- allowed by park rules promulgated from
2001; Ord. No. 2475, 3-14-2023) time to time by the city.
Supp. No. 13 CD6:5
§ 6-9 MUSKEGON CITY CODE
(8) Engaging in the feeding of wild animals, thoroughly removed from the property by the use
stray cats, or stray dogs. of a removal device; provided, a person may fail
(Code 2002, § 6-9; Ord. No. 2064, § 3.14, 12-11- to remove the excrement if entry on the private
2001; Ord. No. 2268, 12-8-2009; Ord. No. 2475, property of another for such purpose is prevented
3-14-2023) by the person owning or controlling the property.
State law references—Cruelty to animals, MCL 750.50;
poisoning, MCL 750.437. (c) This section shall not apply to a person
with a leader, guide or service animal where the
Sec. 6-10. Reserved. person is unable to comply due to their disability.
(Code 2002, § 6-13; Ord. No. 2064, § 3.15,
Sec. 6-11. Abandonment. 12-11-2001; Ord. No. 2475, 3-14-2023)
Abandonment of animals is prohibited within Sec. 6-14. Confinement of animals;
the city. number of dogs and cats which
(Code 2002, § 6-11; Ord. No. 2064, § 3.8.3, may be kept.
12-11-2001; Ord. No. 2475, 3-14-2023)
(a) In other than a permitted veterinary clinic,
Sec. 6-12. Animals running loose. kennel, or commercial use, no person shall
maintain more than three adult dogs and four
All animals, whether dangerous or not, shall
adult cats in the city. Animals born on the
be subject to the following:
premises to a legally confined pet may remain
(1) No person shall allow an animal to run thereon until four months of age, after which
loose or be unconfined in the city. they shall be considered adult dogs or cats.
(2) If an animal is upon the premises of the (b) All dogs kept in the city must be licensed
owner, the animal shall be effectively in accordance with state law and county
confined as provided in this chapter. ordinances.
(3) No dog shall be allowed to run on any (c) All animals shall be confined in a pen or
beach, except a dog completely controlled inside the dwelling, under conditions which are
by a person during the months of October sanitary, safe and secure. Any pen utilized for
through March, or as permitted by park the outdoor confinement of a dog shall be of
rules promulgated by the city from time sturdy and secure construction designed to prevent
to time. the escape of the animal.
(4) No unrestrained, unleashed or (d) No female animal in heat shall be confined
uncontrolled dog shall be allowed in any in a place where other animals may have access
park. or a nuisance may be created.
(Code 2002, § 6-12; Ord. No. 2064, § 3.13,
12-11-2001; Ord. No. 2268, 12-8-2009; Ord. No. (e) Any dog which habitually barks shall be
2475, 3-14-2023) kept inside the dwelling.
(Code 2002, § 6-14; Ord. No. 2064, § 3.10,
Sec. 6-13. Removal of animal excrement. 12-11-2001; Ord. No. 2268, 12-8-2009; Ord. No.
2475, 3-14-2023)
(a) It shall be unlawful for any person to
appear with any animal on public property or the
Sec. 6-15. Dangerous dogs; confinement
private property of another, unless that person
and handling; number.
has in his possession an appropriate device for
removal of animal excrement. (a) All dangerous dogs shall be especially
confined and treated as follows:
(b) It shall be unlawful for any person to
allow any animal to leave its excrement on any (1) Leash and muzzle. No person shall permit
public property, or upon the private property of a dangerous dog to go outside its kennel
another, unless the excrement is promptly and or pen unless it is securely leashed with
Supp. No. 13 CD6:6
ANIMALS § 6-17
a leash no longer than four feet in length. (6) Number. No more than one dog of the
No such dog shall be kept on a chain, description determined by this chapter to
rope or other type of leash outside its be dangerous shall be kept on any
kennel or pen unless a person is in premises in the city.
physical control of the leash. Such dogs (b) Violations of the requirements of the provi-
may not be leashed or tied to inanimate sions in subsection (a) of this section concerning
objects. Any such dog on a leash outside dangerous dogs shall carry special penalties set
its kennel or pen must be muzzled by a forth in this chapter.
muzzling device sufficient to prevent the (Code 2002, § 6-15; Ord. No. 2064, § 3.11,
dog from biting persons or other animals. 12-11-2001; Ord. No. 2268, 12-8-2009; Ord. No.
2475, 3-14-2023)
(2) Confinement. All dangerous dogs shall be
State law reference—Dangerous animals, MCL 287.321
securely confined indoors or in a securely et seq.
enclosed and locked pen or kennel, except
when leashed, muzzled and controlled as Sec. 6-16. Other dangerous animals;
provided in subsection (a)(1) of this sec- confinement.
tion. Such pen, kennel or structure must
have secured sides and a secured top (a) All other dangerous animals besides dogs
attached to the sides. All structures used shall be kept and confined in completely secure
to confine dangerous dogs must be locked cages or containers which allow no access by any
with a key or combination lock when persons except by unlocking such cages or contain-
such animals are within the structure. ers for the feeding of the animal. Such danger-
The structure must have a secure bottom ous animals shall be confined so that there is no
or floor attached to the sides of the pen or access to any other animal or humans by the
the sides of the pen must be embedded in animals.
the ground no less than two feet from the (b) No lions, tigers, leopards, panthers, bears,
grade. All such structures must be wolves or wolf hybrids, apes, gorillas, monkeys
adequately lighted and ventilated and in excess of 20 pounds, elephants, alligators,
kept in a clean and sanitary condition. crocodiles, or poisonous or constrictor snakes
shall be kept in the city, except in a licensed zoo.
(3) Confinement indoors. No dangerous dogs (Code 2002, § 6-16; Ord. No. 2064, § 3.12,
may be kept on a porch, patio, or any part 12-11-2001; Ord. No. 2475, 3-14-2023)
of a house or structure that would allow State law reference—Dangerous animals, MCL 287.321
the dog to exit such a building. No such et seq.
animal may be kept in a vacant house or
structure. Sec. 6-17. Livestock and poultry.
(4) Signs. All owners or handlers of danger- (a) Except as provided in subsection (e), no
ous dogs within the city shall display in a livestock shall be kept in the city.
prominent place on the premises and on (b) No live poultry shall be kept in the city
the pen or kennel a sign stating the except that one pet may be kept in a pen or
words "Beware of Dog." The letters shall confinement which is at least 25 feet from any
be at least three inches in height. dwelling.
(5) Insurance. All owners or handlers of (c) No more than two rabbits shall be kept on
dangerous dogs must obtain public any premises in the city. The two rabbits which
liability insurance in a single incident may be kept at premises shall be in a pen located
amount of at least $50,000.00 for bodily at least 25 feet from any dwelling and constructed
injury, death or property damage result- and maintained in accordance with standards
ing from the ownership, keeping or published in the industry or by a 4-H organiza-
maintenance of such animal. tion.
Supp. No. 13 CD6:7
§ 6-17 MUSKEGON CITY CODE
(d) No wild animal shall be kept permanently and also in approved community gardens
or temporarily in the city unless affiliated with a and urban farms. Hives must be located
transient circus or carnival having all required in backyards or on rooftops. Community
permits to operate in the city, or a licensed zoo. gardens and urban farms that do not
(e) Education exception. have a principal structure to establish a
back yard must have the hives setback at
(1) Upon submission of a site plan and
least 50 feet from the front property line.
approval by the planning commission, an
Hives must be setback from side and rear
educational institution may keep a limited
property lines as follows:
number of livestock, poultry, fowl, rab-
bits and other animals for educational i. One to four hives: Ten feet from
purposes. property lines;
(2) An "educational institutional" for purposes ii. Five to eight hives: 25 feet from
of this section is defined as an accredited property lines.
educational institution, such as a school (2) Size of hives. A hive may not exceed 20
within the Muskegon area intermediate cubic feet.
school district, an elementary, intermedi-
ate, and/or secondary school, college, (3) Number of hives allowed. Lots less than
university or other such institutions of 10,890 square feet may have no more
higher learning, public and private, offer- than two hives. Lots between 10,890
ing courses in general, technical or square feet and 21,780 square feet may
religious education, not operated for profit have no more than four hives. Lots
and in full compliance with the city's between 21,781 square feet and 43,560
zoning ordinance. square feet may have no more than five
hives. Lots larger than 43,560 square
(3) Measures must be taken to ensure that feet may have no more than eight hives.
the livestock and other animals are not a
nuisance to neighboring properties for (4) Barriers. A flyway barrier at least six
any reason, including the noise, smell, feet in height shall shield any part of a
disease or danger that they may cause. property line that is within 25 feet of a
hive. The flyway barrier shall consist of a
(4) All livestock and other animals must be
wall, fence, dense vegetation or a combina-
located at least 25 feet from any dwell-
tion thereof
ing.
(5) All state and federal laws and regula- (5) Water. A constant supply of water shall
tions pertaining to the housing and care be provided for all hives to avoid the
of animals shall be followed. In addition, congregation of bees at other nearby
the program using the animals as part of water sources.
its educational curriculum must comply (6)Permit. A development permit is required
with the career tech program guidelines in order to keep bees.
and regulations. (Ord. No. 2364, 5-9-2017; Ord. No. 2475, 3-14-
(Code 2002, § 6-17; Ord. No. 2064, § 3.4, 12-11- 2023)
2001; Ord. No. 2268, 12-8-2009; Ord. No. 2327,
8-26-2014; Ord. No. 2475, 3-14-2023)
State law reference—Livestock at large, MCL 433.51 et
seq.
Sec. 6-18. Beekeeping.
(a) Beekeeping is permitted under the follow-
ing conditions:
(1) Location. Hives are permitted on all
properties that have a principal structure
Supp. No. 13 CD6:8