City Ordinance Chapter 006 - Animals

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                                                     Chapter 6


                     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
                     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.                                      (3)   Any pit bull dog. The term "pit bull dog"
                                                                  means any dog of one of the breeds known
  The following words, terms and phrases, when                    as Staffordshire Bull Terrier, American
used in this chapter, shall have the meanings                     Staffordshire Bull Terrier, or American
ascribed to them in this section, except where the                Pit Bull Terrier, or any dog with the
context clearly indicates a different meaning:                    appearance and characteristics of being
  Animal control authority means the county and                   predominantly of any one of such breeds,
the city and their designated officers. The licens-               or combination thereof, or in combination
ing authority and the animal control authority                    with other breeds.
may be, but are not necessarily, the same entity.         Handler means any person having control of an
   Animal control shelter means a facility oper-       animal, whether or not by the consent or direction
ated by the county and, in addition, if designated     of the owner.
and contracted, other facilities under contract          Impound means to place any animal in the
with the city for the impoundment and care of          custody or control of an animal control shelter.
animals that are found in the streets or at large,
animals that are otherwise held due to the viola-        Licensing authority means the county, in accor-
tion of a municipal ordinance, county ordinance or     dance with state law and county ordinance.
state law, or animals that are surrendered to the        Livestock means horses, cows, swine, sheep,
animal control shelter.                                goats, or any hoofed animal.
   Control means having an animal in confine-            Owner means a person having the custody of
ment as described or required by this chapter, or      an animal or who keeps or harbors an animal, a
restrained by its owner on a leash no greater than     person having the authority of the owner to be the
six feet in length and of sufficient strength to       handler of the animal, or a person who knowingly
confine the animal, or in certain cases where          permits an animal to remain on or about any
specified in this chapter, a shorter leash. The term   premises occupied by that person.
"control" shall not mean allowing an animal to go
unleashed outside of its confinement or pen.              Poultry includes chicken, ducks, geese, pheas-
                                                       ants, or other fowl of a type normally used for food
   Dangerous animal means any and all of the           or egg production.
                                                          Restraint. A dog or cat shall be considered
  (1)   Any mammal, amphibian, reptile, or fowl        under restraint if it is within the real property
        of a species which, due to size, vicious       limits of its owner or secured by its owner on a
        nature or other characteristic, would con-     leash or lead no greater than six feet in length
        stitute a danger to human life, physical       and of sufficient strength to confine the animal.
        well-being or property, including, but not     Any other animal is considered restrained only if
        limited to, lions, tigers, leopards, pan-      it is effectively prevented from escape by appro-
        thers, bears, wolves or wolf hybrids, apes,    priate means.
        gorillas, monkeys of a species with an
        average adult weight in excess of 20             Wild animal means any living member of the
        pounds, foxes, elephants, alligators, croc-    animal kingdom, including those born or raised in
        odiles and snakes which are poisonous or       captivity, except the following:
        otherwise present a risk of physical harm           (1)   Domestic dogs (excluding hybrids with
        or death to human beings as a result of                   wolves, coyotes, or jackals).
        their nature or physical makeup, includ-
                                                            (2)   Domestics cats (excluding hybrids with
        ing all constrictors.
                                                                  ocelots or margays).
  (2)   Any dog or cat having a disposition or
                                                            (3)   Ferrets.
        propensity to attack or bite any person or
        animal without provocation.                         (4)   Rodents.

§ 6-1                                       MUSKEGON CITY CODE

  (5) Captive-bred species of common cage birds.        animal. No animal of any kind shall be kept in the
(Code 2002, § 6-1; Ord. No. 2064, § 3.2, 12-11-         city or be present in the city in violation of the
2001; Ord. No. 2222, 5-22-2007; Ord. No. 2268,          provisions of this chapter.
12-8-2009)                                              (Code 2002, § 6-4; Ord. No. 2064, §§ 3.0, 3.1, 3.3,
                                                        12-11-2001; Ord. No. 2268, 12-8-2009)
Sec. 6-2. Penalties.
                                                        Sec. 6-5. Owner responsibility.
  Any person violating this chapter shall be
subject to one or more of the following penalties as       (a) All dogs and cats shall be kept under re-
applicable:                                             straint, except for a service animal actively en-
   (1)   Any person violating section 6-15 involv-      gaged in performing its duty or a dog actively
         ing dangerous dogs shall be guilty of a        engaged in training or performance event or com-
         misdemeanor.                                   petition. Dogs or cats shall not be permitted to be
                                                        at large in the city.
   (2)   Any person violating any other prohibi-
         tion of this chapter shall be responsible        (b) Every vicious dog or cat, as determined by
         for a municipal civil infraction. The sched-   a police officer or the animal control authority,
         ule of fines for municipal civil infractions   shall be confined by its owner within a building or
         is set forth in section 46-204.                secure enclosure and shall be securely muzzled or
                                                        caged whenever off the premises of its owner.
   (3) All persons found in violation shall be
       subject to further injunctive or other eq-          (c) The owner of every dog or cat shall be held
       uitable relief as the city may determine to      responsible for every behavior of such dog or cat
       pursue, including destruction of the ani-        under the provisions of this chapter.
       mal in question.
                                                          (d) Fecal matter shall be collected and re-
(Code 2002, § 6-2; Ord. No. 2064, § 3.16, 12-11-
                                                        moved from the area where the animal is har-
                                                        bored or kept.
                                                        (Code 2002, § 6-5; Ord. No. 2064, § 3.9, 12-11-
Sec. 6-3. Reserved.                                     2001; Ord. No. 2229, 7-10-2007; Ord. No. 2268,
Sec. 6-4. Responsibilities; authority.
   (a) It is determined by the city that ownership      Sec. 6-6. Interference; authority of police and
of an animal is a privilege which carries with it                 animal control officers.
responsibilities to the city and all persons therein      (a) No person shall interfere with, oppose, hin-
with regard to the care, custody, and handling of       der, or molest any agent of the animal control
the animal.                                             authority in the performance of any duty as
   (b) This chapter shall not be construed to limit     provided in this chapter.
or substitute for the authority or functions of the
                                                           (b) If seizure and impoundment ofa dangerous
county animal control shelter or animal control
                                                        animal is not possible without risk of serious
                                                        physical harm or death to any person, the animal
   (c) The regulations set forth in this chapter are    may be killed by a police officer or animal control
supplemental to and not in substitution of the          officer at the time of seizure or impoundment.
county animal control department, any county            (Code 2002, § 6-6; Ord. No. 2064, § 3.7, 12-11-
ordinance related thereto or the state law regard-      2001)
ing county animal control.
                                                        Sec. 6-7. lmpoundment.
   (d) The provisions of this chapter shall be
construed to impose the primary responsibility             (a) lmpoundment shall occur, where autho-
for compliance with its provisions on the owner,        rized by this chapter, at the county animal shelter
the handler, or on any person in control of any         or at an animal control shelter or other desig-

                                                  ANIMALS                                               § 6-12

nated contracted facility registered under Public           (2)   Training any animal for fighting or con-
Act No. 287 of 1969 (MCL 287.331 et seq.) to                      tests with other animals; carrying on,
provide 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, impoundment,
confinement or other functions which the county             (4)   Molesting small wild animals, birds or
elects not to perform or is unable to perform. The                birds' nests.
services and functions of the animal control shel-          (5)   Allowing an animal to constitute a nui-
ter are governed by state law and county ordi-                    sance to surrounding properties or other
nance, if any.                                                    persons in the vicinity.
   (b) Any animal control shelter in which an               (6)   Harboring or keeping any dog which com-
animal is impounded shall carry on release, treat-                mits frequent or habitual barking, yelp-
ment, adoption or disposal of animals in accor-                   ing or howling.
dance with the requirements of state law. No dog            (7)   Having a dog on any beach in the city,
or cat shall be released for adoption to any person               even if controlled, except for a blind per-
without being neutered. If the animal is too young                son controlling a guide dog at any time,
to neuter at the time of adoption, the fee shall be               and except during the months of October
paid for services, which shall be performed at a                  through March, or except as allowed by
later date.                                                       park rules promulgated from time to time
(Code 2002, § 6-7; Ord. No. 2064, § 3.6, 12-11-                   by the city.
                                                              Engaging in the feeding of wild animals,
                                                              stray cats, or stray dogs.
Sec. 6-8. Licensing; rabies vaccination.               (Code 2002, § 6-9; Ord. No. 2064, § 3.14, 12-11-
   (a) No person shall own, keep, or harbor any        2001; Ord. No. 2268, 12-8-2009)
                                                          State law references-Cruelty to animals, MCL 750.50;
dog over four months of age within the city unless     poisoning, MCL 750.437.
such dog is vaccinated and licensed, as required
by state law, county ordinance or both. The pro-       Sec. 6-10. Reserved.
visions of this section do not apply to animals
owned by a licensed research facility or held in a     Sec. 6-11. Abandonment.
veterinary medical facility or government oper-
ated or licensed animal shelter.                         Abandonment of animals is prohibited within
                                                       the city.
   (b) All dogs shall be vaccinated against rabies,    (Code 2002, § 6-11; Ord. No. 2064, § 3.8.3, 12-11-
and certified as so vaccinated, as required by         2001)
state law, county ordinance or both.
(Code 2002, § 6-8; Ord. No. 2064, § 3.5, 12-11-        Sec. 6-12. Animals running loose.
2001; Ord. No. 2268, 12-8-2009)
                                                         All animals, whether dangerous or not, shall be
                                                       subject to the following:
Sec. 6-9. General prohibitions.
                                                            (1)   No person shall allow an animal to run
   The following actions or failures to act shall                 loose or be unconfined in the city.
constitute a violation of this chapter, in addition         (2)   If an animal is upon the premises of the
to other prohibitions or violations found in this                 owner, the animal shall be effectively con-
chapter.                                                          fined as provided in this chapter.
  (1)   Training an animal to engage in vicious             (3)   No dog shall be allowed to run on any
        behavior.                                                 beach, except a dog completely controlled

§   6-12                                    MUSKEGON CITY CODE

           by a person during the months of October     outdoor confinement of a dog shall be of sturdy
           through March, or as permitted by park       and secure construction designed to prevent the
           rules promulgated by the city from time to   escape of the dog.
                                                           (d) No female animal in heat shall be confined
       No unrestrained, unleashed or uncon-             in a place where other animals may have access
       trolled dog shall be allowed in any 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)                           (e) Any dog which habitually barks shall be
                                                        kept inside the dwelling.
                                                        (Code 2002, § 6-14; Ord. No. 2064, § 3.10, 12-11-
Sec. 6-13. Removal of animal excrement.
                                                        2001; Ord. No. 2268, 12-8-2009)
   (a) It shall be unlawful for any person to
appear with any animal on public property or the        Sec. 6-15. Dangerous dogs; confinement and
private property of another, unless that person                    handling; number.
has in his possession an appropriate device for
removal of animal excrement.                               (a) All dangerous dogs, including pit bulls and
                                                        other dogs meeting the definition of a dangerous
  (b) It shall be unlawful for any person to allow      animal, shall be especially confined and treated
any animal to leave its excrement on any public         as follows:
property, or upon the private property of another,
                                                            (1)   Leash and muzzle. No person shall permit
unless the excrement is promptly and thoroughly
                                                                  a pit bull or dangerous dog to go outside
removed from the property by the use of a re-
                                                                  its kennel or pen unless it is securely
moval device; provided, a person may fail to
                                                                  leashed with a leash no longer than four
remove the excrement if entry on the private
                                                                  feet in length. No such dog shall be kept
property of another for such purpose is prevented
                                                                  on a chain, rope or other type of leash
by the person owning or controlling the property.
                                                                  outside its kennel or pen unless a person
  (c) This section shall not apply to a person                    is in physical control of the leash. Such
with a leader, guide or service animal where the                  dogs may not be leashed or tied to inani-
person is unable to comply due to their disability.               mate objects. Any such dog on a leash
(Code 2002, § 6-13; Ord. No. 2064, § 3.15, 12-11-                 outside its kennel or pen must be muzzled
2001)                                                             by a muzzling device sufficient to prevent
                                                                  the dog from biting persons or other ani-
Sec. 6-14. Confinement of animals; number                         mals.
           of dogs and cats which may be                    (2)   Confinement. All pit bulls and dangerous
           kept.                                                  dogs shall be securely confined indoors or
                                                                  in a securely enclosed and locked pen or
   (a) In other than a permitted veterinary clinic
                                                                  kennel, except when leashed, muzzled and
or kennel, no person shall maintain more than
                                                                  controlled as provided in subsection (a)(l)
three adult dogs and four adult cats in the city.
                                                                  of this section. Such pen, kennel or struc-
Animals born on the premises to a legally con-
                                                                  ture must have secured sides and a se-
fined pet may remain thereon until four months of
                                                                  cured top attached to the sides. All struc-
age, after which they shall be considered adult
                                                                  tures used to confine pit bulls or dangerous
dogs or cats.
                                                                  dogs must be locked with a key or combi-
  (b) All dogs kept in the city must be licensed in               nation lock when such animals are within
accordance with state law and county ordinances.                  the structure. The structure must have a
                                                                  secure bottom or floor attached to the
   (c) All animals shall be confined in a pen or                  sides of the pen or the sides of the pen
inside the dwelling, under conditions which are                   must be embedded in the ground no less
sanitary, safe and secure. Any pen utilized for the               than two feet from the grade. All such

                                                     ANIMALS                                                § 6-17

        structures must be adequately lighted                (b) No lions, tigers, leopards, panthers, bears,
        and ventilated and kept in a clean and            wolves or wolf hybrids, apes, gorillas, monkeys
        sanitary condition.                               in excess of 20 pounds, elephants, alligators,
                                                          crocodiles, or poisonous or constrictor snakes
  (3)   Confinement indoors. No pit bulls or              shall be kept in the city, except in a licensed zoo.
        dangerous dogs may be kept on a porch,            (Code 2002, § 6-16; Ord. No. 2064, § 3.12,
        patio, or any part of a house or structure        12-11-2001)
        that would allow the dog to exit such a               State law reference-Dangerous animals, MCL 287.321
        building. No such animal may be kept in           et seq.
        a vacant house or structure.
                                                          Sec. 6-17. Livestock and poultry.
  (4)   Signs. All owners or handlers of pit bulls
        or dangerous dogs within the city shall              (a) Except as provided in subsection (e), no
        display in a prominent place on the               livestock shall be kept in the city.
        premises and on the pen or kennel a sign
                                                            (b) No live poultry shall be kept in the city
        stating the words "Beware of Dog." The
                                                          except that one pet may be kept in a pen or
        letters shall be at least three inches in
                                                          confinement which is at least 25 feet from any
  (5)   Insurance. All owners or handlers of pit             (c) No more than two rabbits shall be kept on
        bulls or dangerous dogs must obtain               any premises in the city. The two rabbits which
        public liability insurance in a single            may be kept at premises shall be in a pen located
        incident amount of at least $50,000.00            at least 25 feet from any dwelling and constructed
        for bodily injury, death or property damage       and maintained in accordance with standards
        resulting from the ownership, keeping or          published in the industry or by a 4-H organiza-
        maintenance of such animal.                       tion.
  (6)   Number. No more than one dog of the                  (d) No wild animal shall be kept permanently
        breed or description determined by this           or temporarily in the city unless affiliated with a
        chapter to be dangerous shall be kept on          transient circus or carnival having all required
        any premises in the city.                         permits to operate in the city, or a licensed zoo.
   (b) Violations of the requirements of the provi-            (e)   Education exception.
sions in subsection (a) of this section concerning             (1)    Upon submission of a site plan and
dangerous dogs and pit bull dogs shall carry                          approval by the planning commission, an
special penalties set forth in this chapter.                          educational institution may keep a limited
(Code 2002, § 6-15; Ord. No. 2064, § 3.11,                            number of livestock, poultry, fowl, rab-
12-11-2001; Ord. No. 2268, 12-8-2009)                                 bits and other animals for educational
    State law reference-Dangerous animals, MCL 287 .321
et seq.                                                               purposes.
                                                               (2)    An "educational institutional" for purposes
Sec. 6-16. Other   dangerous               animals;                   of this section is defined as an accredited
           confinement.                                               educational institution, such as a school
                                                                      within the Muskegon area intermediate
   (a) All other dangerous animals besides dogs                       school district, an elementary, intermedi-
shall be kept and confined in completely secure                       ate, and/or secondary school, college,
cages or containers which allow no access by any                      university or other such institutions of
persons except by unlocking such cages or contain-                    higher learning, public and private, offer-
ers for the feeding of the animal. Such danger-                       ing courses in general, technical or
ous animals shall be confined so that there is no                     religious education, not operated for profit
access to any other animal or humans by the                           and in full compliance with the city's
animals.                                                              zoning ordinance.

Supp. No. 3                                           CD6:7
§ 6-17                                        MUSKEGON CITY CODE

   (3)   Measures must be taken to ensure that                       square feet may have no more than five
         the livestock and other animals are not a                   hives. Lots larger than 43,560 square
         nuisance to neighboring properties for                      feet may have no more than eight hives.
         any reason, including the noise, smell,               (4)   Barriers. A flyway barrier at least six
         disease or danger that they may cause.                      feet in height shall shield any part of a
   (4)   All livestock and other animals must be                     property line that is within 25 feet of a
         located at least 25 feet from any dwell-                    hive. The flyway barrier shall consist of a
         ing.                                                        wall fence, dense vegetation or a combina-
                                                                     tion thereof.
   (5) All state and federal laws and regula-
       tions pertaining to the housing and care                (5)   Water. A constant supply of water shall
       of animals shall be followed. In addition,                    be provided for all hives to avoid the
       the program using the animals as part of                      congregation of bees at other nearby
       its educational curriculum must comply                        water sources.
       with the career tech program guidelines                 (6)Permit. A development permit is required
       and regulations.                                           in order to keep bees.
(Code 2002, § 6-17; Ord. No. 2064, § 3.4, 12-11-           (Ord. No. 2364, 5-9-2017)
2001; Ord. No. 2268, 12-8-2009; Ord. No. 2327,
   State law reference-Livestock at large, MCL 433.51 et

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
         and also in approved community gardens
         and urban farms. Hives must be located
         in backyards or on rooftops. Community
         gardens and urban farms that do not
         have a principal structure to establish a
         back yard must have the hives setback at
         least 50 feet from the front property line.
         Hives must be setback from side and rear
         property lines as follows:
         1.    One to four hives: Ten feet from
               property lines;
         ii.   Five to eight hives: 25 feet from
               property lines.
   (2)   Size of hives. A hive may not exceed 20
         cubic feet.
   (3)   Number of hives allowed. Lots less than
         10,890 square feet may have no more
         than two hives. Lots between 10,890
         square feet and 21,780 square feet may
         have no more than four hives. Lots
         between 21,781 square feet and 43,560

Supp. No. 3                                            CD6:8

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