Chapter 14
ANIMALS
Article I. In General
Sec. 14-1. Cruelty to animals.
Sec. 14-2. Poisoning animals.
Sec. 14-3. Birds and birds' nests.
Sec. 14-4. Domestic animals and fowl.
Sec. 14-5. Penalty.
Secs. 14-6– 14-30. Reserved.
Article II. Dogs
Sec. 14-31. Definitions.
Sec. 14-32. Running at large of dogs.
Sec. 14-33. Dog to be licensed and inoculated.
Sec. 14-34. Barking dogs.
Sec. 14-35. Dangerous, vicious, or grievously injured dogs.
Sec. 14-36. Dog officer.
Sec. 14-37. Duties of the dog officer.
Sec. 14-38. Kennels.
Sec. 14-39. Provisions and regulations of state dog law.
Sec. 14-40. Animal waste.
Secs. 14-41– 14-60. Reserved.
Article III. Cats
Sec. 14-61. Definition.
Sec. 14-62. Registration.
Sec. 14-63. Inoculation.
Sec. 14-64. License fee.
Sec. 14-65. Liability of owner.
Sec. 14-66. Running loose prohibited.
Sec. 14-67. Impounding cats; disposition.
Sec. 14-68. Animal warden: records required.
Sec. 14-69. Report to animal warden.
Sec. 14-70. Quarantine.
Sec. 14-71. Number permitted to be kept.
Sec. 14-72. Exhibit cat to officer.
Sec. 14-73. Nuisance conditions.
Secs. 14-74– 14-90. Reserved.
Article IV. Horses
Sec. 14-91. Riding on sidewalks.
Sec. 14-92. Riding in streets.
Sec. 14-93. Designated areas.
ARTICLE I. Sec. 14-1. Cruelty to animals.
No person shall cruelly treat or abuse any animal or bird.
(Code 1988, § 9.71)
Sec. 14-2. Poisoning animals.
No person shall throw or deposit any poisonous substance on any exposed public or private place where it endangers, or is likely to endanger, any animal or bird.
(Code 1988, § 9.72)
Sec. 14-3. Birds and birds' nests.
No person, except a public officer acting in his official capacity, shall molest, injure, kill or capture any wild bird, or molest or disturb any wild bird's nest or the contents thereof.
(Code 1988, § 9.73)
Sec. 14-4. Domestic animals and fowl.
No person shall keep or house any animals or domestic fowl within the city except dogs, cats, birds, fowl or animals commonly classified as pets.
(Code 1988, § 9.74)
Sec. 14-5. Penalty.
Any person violating or failing or refusing to comply with any of the provisions of this act shall be guilty of a misdemeanor and upon conviction shall pay a fine not less than $10.00 nor more than $100.00, or shall be imprisoned in the county jail for not exceeding 90 days, or both such fine and imprisonment.
(Ord. of 7-28-03)
Secs. 14-6– 14-30. Reserved.
ARTICLE II. Sec. 14-31. Definitions.
The following words, terms and phrases when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Not under reasonable control: A dog shall be deemed to be not under reasonable control when such dog, not being upon the premises of its owner, is not with or under the control of its owner, his agent or some member of the owner's family, or when such dog commits damage to the person or property of anyone other than its owner, except when in the defense of its owner, his family or property.
Own means to have a right of property in a dog; to keep or harbor a dog or to have a dog in one's care or possession; and to permit a dog to remain in or about any premises of a person for a period of five days or more.
Reasonable control: A dog shall be deemed to be under reasonable control when such dog is on the premises of its owner or when such dog, not being on the premises of its owner, is with and under the control of its owner, his agent or some member of the owner's family.
Running at large means any dog not on the private property of its owner that is not restrained by a leash.
(Code 1988, § 9.81; Ord. of 7-28-03)
Sec. 14-32. Running at large of dogs.
It shall be unlawful for any owner of any dog to permit the dog to go beyond the premises of such owner unless restrained by a chain or leash and under the reasonable control of some person.
(Code 1988, § 9.82; Ord. of 7-28-03)
Sec. 14-33. Dog to be licensed and inoculated.
(a) It shall be unlawful for any person to own or possess any dog over the age of four months, within the City of South Lyon, that does not at all times wear a suitable, adequate collar with a license tag attached thereto as provided for by the laws of the State of Michigan. Application for such license shall be accompanied by proof of vaccination of the dog for rabies within the year preceding the date of application, and such application shall be otherwise made in accordance of the laws of the State of Michigan in conjunction with the rules and regulations promulgated thereunder by the Oakland County Treasurer or designated official, to which such applications shall be made.
(b) Any dog found not under the reasonable control of some person, uninoculated, running at large, unlicensed and/or violating this chapter in any other way, within the City of South Lyon, shall be declared a nuisance and shall be seized and placed in the city pound, Oakland County Animal Control Facility, or other suitable place, where it shall be properly kept, fed and sheltered. The owner or keeper may redeem said dog from the city pound at any time within three full days from the time said dog was impounded or seized, by paying all charges for impounding, keeping, feeding and sheltering said dog, and obtaining a license therefor as provided by law; provided, that the owner or keeper of said dog shall not be required to obtain a license if a license has been issued for the current period and is produced by the owner or keeper of said dog. For every dog impounded or seized the owner or keeper thereof, upon redeeming the said dog, shall pay to the person in charge of the pound or facility, such charges or assessments as shall be prescribed by city council resolution or the facility holding such dog. Such fees and assessments shall be levied in addition to any fine and/or costs imposed for a violation of this article.
(c) The city may provide a pound in which to keep all dogs impounded or seized.
(d) In the event the owner or keeper of any dog impounded under the provisions of this article does not redeem the same within a period of three days after said dog is impounded, the officer in charge of said pound shall destroy or dispose of said dog in a humane manner, or, at his option, may sell the same to any person in satisfaction of the charges due for the impounding, keeping, feeding and sheltering said dog, and upon making application for and obtaining a license for said dog. Any known owner or keeper of a dog impounded and/or disposed of shall be responsible for, and shall pay to the officer in charge, the balance of any charges due on account of such impounding and/or disposal.
(e) The requirements contained herein, only govern those procedures to be taken by a city pound created by the City of South Lyon. This ordinance in no way restricts or enlarges the discretion of any other entity with respect to their own rules and regulations.
(Code 1988, § 9.83; Ord. of 7-28-03)
Sec. 14-34. Barking dogs.
It shall be unlawful for any person to own a dog in the City of South Lyon which by loud and frequent barking, howling, yelping, growling or any other noise causes serious annoyance to any of the people of the City of South Lyon.
(Code 1988, § 9.84)
Sec. 14-35. Dangerous, vicious, or grievously injured dogs.
(a) It shall be unlawful for any person in the City of South Lyon to own a fierce or vicious dog, or a dog that has been bitten by any animal known to have been afflicted with rabies. Any person who shall have in his possession a dog which has contracted rabies or has been subject to the same or which is suspected of having rabies, or which has bitten any person, shall, upon demand of the animal warden or any law enforcement officer of the City of South Lyon, produce and surrender up such dog to such officer to be held for observation as hereinafter provided. It shall be the duty of any person owning a dog which has been attacked or bitten by another dog or animal showing symptoms of rabies, to immediately notify the animal warden or law enforcement officer that such person has such a dog in his possession.
(b) Whenever a dog is reported to have bitten any person or animal it shall thereupon be the duty of any animal warden or law enforcement officer of the City of South Lyon to seize such dog. Such animal warden or law enforcement officer shall notify the persons owning or possessing such dog forthwith, if known. Such dog shall be taken to the Oakland County Animal Control Facility, and such dog shall be subject to the rules, regulations and guidelines of said facility. Any quarantining, release and/or destruction of such dog shall be governed by the authorities of said facility. It shall be the duty of such owner to bear the actual expense of such confinement in accordance with the fees set by said facility, and to forthwith make arrangement for payment of such fees together with the reasonable and necessary expense that may be incurred.
(c) The animal warden or law enforcement officer shall impound any dog running at large, or otherwise, in the City of South Lyon who appears to be or gives indications of being mad, so as to constitute a danger to other persons or animals in the vicinity and if unable to so impound or otherwise capture such dog, if it should appear to such officer that such a dog is an actual threat to persons or animals in the near vicinity then he shall immediately dispose of or destroy such dog in any manner prudent or possible under the circumstances. Any officer so disposing or destroying a dog under this subsection shall not be liable in civil damages or otherwise to any owner(s) or possessor(s) of the said dog while the said officer is acting in good faith with a view towards protecting and preserving the lives and properties of others, nor shall the City of South Lyon be liable in civil damages upon the showing that action thus taken was reasonable and prudent under the circumstances.
(d) It shall also be the duty of the animal warden or law enforcement officer hereunder to dispose of in a humane manner or destroy any dog which is mortally or grievously injured with in the City of South Lyon. Such officers shall first notify the owner or possessor of such mortally or grievously injured dogs and if he is ascertainable and reasonably available shall consult with any licensed veterinarian concerning the destruction and disposal of such a dog if such be immediately available. Any officer acting hereunder in a reasonable and prudent manner shall not be liable to the owner(s) or possessor(s) of such dog, nor shall the City of South Lyon be liable in civil damages upon the showing that action thus taken was reasonable and prudent under the circumstances.
(Code 1988, § 9.85; Ord. of 7-28-03)
Sec. 14-36. Dog officer.
The city manager, in his or her discretion, may appoint an animal warden with all the powers and duties of a special police officer to enforce the ordinances contained in this chapter, or, in lieu thereof, the chief of police or designate shall so act.
(Code 1988, § 9.86; Ord. of 7-28-03)
Sec. 14-37. Duties of the dog officer.
The chief of police or designate or animal warden shall keep a record of the breed, sex, age, color, and markings of every dog impounded pursuant to this chapter together with the date and hour of said impounding and the name of its owner, if known.
(Code 1988, § 9.87; Ord. of 7-28-03)
Sec. 14-38. Kennels.
No person shall establish or maintain any boarding kennel, or any breeding kennel, or permit any such kennel to be maintained on any premises owned, leased or occupied by him within the limits of the City of South Lyon, without first obtaining a license therefor from the licensing authority in Oakland County. It shall be prima facie presumed that a kennel is being maintained when more than three dogs over the age of four months of age are maintained on the owned, leased or occupied premises.
(Code 1988, § 9.88)
Sec. 14-39. Provisions and regulations of state dog law.
The provisions and regulations of the State Dog Law, being Public Act 339 of 1919, as amended, being MCL 287.26 et seq., not in conflict with the foregoing provisions are hereby adopted and declared to be a part of this article and may be enforced in a like manner as any other provision hereof.
(Code 1988, § 9.89)
Sec. 14-40. Animal waste.
It shall be unlawful for any person in control of an animal traveling outside the owner's property to fail to pick up, remove and properly dispose of from any other property such animal's feces, manure or solid waste.
(Ord. of 7-28-03)
Secs. 14-41– 14-60. Reserved.
ARTICLE III. Sec. 14-61. Definition.
The following words, terms and phrases when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandoned cat means any cat found running at large, wearing no collar, tag, or other evidence of ownership, the ownership of which the animal warden or law enforcement officer shall be unable to ascertain after diligent inquiry about the immediate neighborhood in which the cat is found.
Cat means a carnivorous quadruped belonging to the feline family held as a domesticated cat.
(Code 1988, § 9.101; Ord. of 7-28-03)
Sec. 14-62. Registration.
On not later than February 28 in any year, any person residing in the City of South Lyon owning or possessing a cat shall register the same with the office of the city clerk.
(Code 1988, § 9.102)
Sec. 14-63. Inoculation.
The city clerk shall not accept such registration unless the owner or owner's agent shall present a certificate to the effect that the animal has been inoculated against rabies.
(Code 1988, § 9.103)
Sec. 14-64. License fee.
The city clerk shall, upon presentation of a proper certificate, and on application signed by the owner or agent of the owner containing the name, kind, color, sex, age, and description of any distinguishing feature or marking, issue to the owner a license, in the form of a tag or other suitable device. The fee for such license shall be equal to current dog licensing fee.
(Code 1988, § 9.104)
Sec. 14-65. Liability of owner.
Every owner and every person possessing or harboring a cat, in the City of South Lyon, shall be liable for damages for any and all injuries to persons or property that may be caused by such cat on any public highway or other public place, to be determined and collected in appropriate legal proceedings therefor, in which proceedings any failure or refusal by such owner to comply with the requirements of this article shall constitute prima facie evidence of negligence.
(Code 1988, § 9.105)
Sec. 14-66. Running loose prohibited.
It shall be unlawful for the owner, or any other person having the possession, care, custody or control thereof, to permit any cat, to run at large upon the public streets, walks, parks, or other public places within the city.
(Code 1988, § 9.106)
Sec. 14-67. Impounding cats; disposition.
It shall be the duty of the animal warden or law enforcement officer to seize, receive possession of, and impound any cat found anywhere in the city contrary to the provisions of this article. Any cat so impounded shall be taken to the appropriate animal facility.
(Code 1988, § 9.107; Ord. of 7-28-03)
Sec. 14-68. Animal warden: records required.
The animal warden or law enforcement officer shall maintain a complete record of all cats impounded under the provisions of this article and the disposition of same.
(Code 1988, § 9.108; Ord. of 7-28-03)
Sec. 14-69. Report to animal warden.
If any person is bitten by a cat, it shall be the duty of that person or the owner or custodian of the cat, and having knowledge of said incident, to report same to the animal warden or law enforcement officer within 12 hours thereafter. If the owner or custodian of any cat has any reason to believe or suspect that such cat has become infected with "rabies," it shall be the duty of that person to report the same to the animal warden or law enforcement officer within 12 hours thereafter.
(Code 1988, § 9.109; Ord. of 7-28-03)
Sec. 14-70. Quarantine.
In the event of any report to the animal warden or law enforcement officer as set forth in the preceding section, the animal warden or law enforcement officer shall take such cat into its possession and deliver it to the Oakland County Animal Control Facility. Such cat shall be subject to the rules, regulations and guidelines of said facility. Any quarantining, release, and/or destruction of such cat shall be governed by the authorities of said facility. It shall be the responsible of said owner to forthwith pay all fees associated with such confinement.
(Code 1988, § 9.110; Ord. of 7-28-03)
Sec. 14-71. Number permitted to be kept.
(a) It shall be unlawful for any person to own, possess, shelter, keep or harbor more than three cats over six months of age at any one time in one residential building, or in one garage, or in a residential building and garage, or in any business building or any other building, or on a residential, business or other lot in the City of South Lyon.
(b) The provisions of this article shall not apply to cats that are being kept by a veterinarian or in a veterinary hospital or by an established commercial pet shop, or by any other institution in the city that might be carrying on experiments with cats in the interest of public health or any other proper use to which live cats might be put for experimental purposes.
(Code 1988, § 9.111)
Sec. 14-72. Exhibit cat to officer.
It shall be unlawful for any person to refuse to show or exhibit, at any reasonable times, any cat or cats which he is harboring, sheltering or keeping in his possession or custody to any duly authorized animal warden or law enforcement officer or the health officer of the City of South Lyon, his duly authorized assistants and employees.
(Code 1988, § 9.112; Ord. of 7-28-03)
Sec. 14-73. Nuisance conditions.
It shall also be unlawful to own, possess, shelter, keep, harbor or maintain any cat or cats under such conditions or in such a manner as to create a nuisance by way of noise, odor, menace to health or otherwise. The animal warden or law enforcement officer shall impound, or if unable to apprehend the same, may destroy any sick, diseased or abandoned cat or cats which shall be running at large and shall be creating a nuisance by way of noise, odor, menace to health or otherwise.
(Code 1988, § 9.113; Ord. of 7-28-03)
Secs. 14-74– 14-90. Reserved.
ARTICLE IV. Sec. 14-91. Riding on sidewalks.
It shall be unlawful for any person to ride, lead, or otherwise place or cause to be placed any horse or horses upon any public sidewalk, walkway or other passageways designated for the use of the public within the City of South Lyon.
IN GENERAL
DOGS
CATS
HORSES