Dog Law of 1919 Section 6

DOG LAW OF 1919 (EXCERPT)

Act 339 of 1919

287.266 Dog licenses; application; resolution; provisions; proof of vaccination.

Sec. 6.

(1) The owner of a dog that is 4 or more months old shall apply to the treasurer of the county or, except as provided in section 14, the treasurer of the township or city where the owner resides, or to the treasurer's authorized agent, for a license for each dog owned or kept by him or her.

(2) Unless the county board of commissioners adopts a resolution under subsection (3), the owner shall apply for a license annually on or before March 1.

(3) The county board of commissioners of a county may adopt a resolution during the 60-day period before the beginning of the county's fiscal year providing when the owner of a dog that is required to be licensed under subsection (1) must apply for a license. Before adopting the resolution, the county board of commissioners shall obtain the county treasurer's written approval of the resolution. Subject to subsection (4), the resolution shall provide for 1 of the following:

(a) That the owner apply for a license by March 1 every year or every third year, at the owner's option.

(b) That the owner apply for a license by June 1 every year.

(c) That the owner apply for a license by June 1 every year or every third year, at the owner's option.

(d) That the owner apply for a license by the last day of the month of the dog's current rabies vaccination, every year.

(e) That the owner apply for a license by the last day of the month of the dog's current rabies vaccination, every third year.

(f) That the owner apply for a license by 1 of the following, at the owner's option:

(i) The last day of the month of the dog's current rabies vaccination every year.

(ii) The last day of the month of the dog's current rabies vaccination, every third year.

(4) A resolution adopted under subsection (3) shall include necessary provisions for conversion to a new licensing schedule. The resolution may extend the effective period of outstanding licenses but shall not shorten the effective period of outstanding licenses or prorate license fees.

(5) The application shall state the breed, sex, age, color, and markings of the dog, and the name and address of the last previous owner. The application for a license shall be accompanied by a valid certificate of a current vaccination for rabies, with a vaccine licensed by the United States department of agriculture, signed by an accredited veterinarian. The certificate for vaccination for rabies shall state the month and year of expiration for the rabies vaccination, in the veterinarian's opinion. A license shall not be issued under subsection (3)(d), (e), or (f) if the dog's current rabies vaccination will expire more than 1 month before the date on which that license would expire. When applying for a license, the owner shall pay the license fee provided for in the county budget. The county board of commissioners may set license fees in the county budget at a level sufficient to pay all the county's expenses of administering this act as it pertains to dogs. For a spayed or neutered dog, the license fee, if any, shall be set lower than the license fee for a dog that is not spayed or neutered. In addition, the license fee may be set higher for a delinquent application than for a timely application.

(6) If a dog is licensed before it becomes 5 months old and is subsequently spayed or neutered before it becomes 7 months old, the owner of the dog may exchange the license for a license for a spayed or neutered dog and receive a refund for the difference in the cost of the licenses. The owner shall exchange the license before the dog becomes 7 months old.

(7) Subsection (6) applies in a county only if the county board of commissioners adopts a resolution to that effect during the 60-day period before the beginning of the county's fiscal year. Before adopting the resolution, the county board of commissioners shall obtain the county treasurer's written approval of the resolution.

(8) The owner of a dog that is required to be licensed under this section shall keep the dog currently vaccinated against rabies by an accredited veterinarian with a vaccine licensed by the United States department of agriculture.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- Am. 1925, Act 322, Eff. Aug. 27, 1925 ;-- Am. 1927, Act 53, Eff. Sept. 5, 1927 ;-- CL 1929, 5250 ;-- Am. 1933, Act 79, Imd. Eff. May 19, 1933 ;-- Am. 1935, Act 17, Eff. Sept. 21, 1935 ;-- Am. 1937, Act 47, Imd. Eff. May 18, 1937 ;-- Am. 1947, Act 171, Eff. Oct. 11, 1947 ;-- CL 1948, 287.266 ;-- Am. 1949, Act 35, Eff. Sept. 23, 1949 ;-- Am. 1953, Act 172, Imd. Eff. June 4, 1953 ;-- Am. 1969, Act 195, Eff. Mar. 20, 1970 ;-- Am. 1971, Act 229, Eff. Mar. 30, 1972 ;-- Am. 1998, Act 390, Imd. Eff. Nov. 30, 1998 ;-- Am. 2000, Act 438, Imd. Eff. Jan. 9, 2001

All they really need or that is allowed by law

Lenawee County had quite a bit more than needed in their ordinance,

Lenawee County Animal Control Ordinance

but it was mostly redundant as already in state statutes, no need to repeat and no authority to create their own local ordinance like that anyway.

They, at least, did not contravene Michigan Law.

I’ll give them credit for that.

This is all that is needed for an “Animal Control Ordinance”, Michigan State Laws cover everything else and do NOT grant authority to create their own local ordinances in most cases.

LENAWEE (or any county, city, township) COUNTY ANIMAL CONTROL ORDINANCE


AS ADOPTED BY THE LENAWEE COUNTY BOARD OF COMMISSIONERS ON


MAY 12, 1976 AND FURTHER ADMENDMENTS

WHEREAS, the County of Lenawee in the State of Michigan adopted Ordinance No. 4, Animal Control Ordinance on October 12, 1976, and forwarded same to the Governor of said State for approval, and,

WHEREAS, Pursuant to the Governors request, the Attorney General of the State has recommended certain amendments to the Ordinance, now therefore, to accomplish said amendments,

BE IT RESOLVED, That the said Ordinance adopted May 12, 1976 be rescinded, and,

BE IT RESOLVED, That Ordinance No. 4, First Amended, Animal Control Ordinance be adopted as follows:

Section 1. Purpose.

There is hereby established a Lenawee County Animal Control Agency which shall employ at least one (1) animal control officer. The Animal Control Agency shall have jurisdiction to enforce this ordinance and the dog licensing statutes of the State of Michigan, and particularly Act 339 of the Public Acts of 1919, as amended (the Dog Law of 1919); as amended in any city, village or township of the County which does not have an animal control ordinance.

The Animal Control Officer shall be authorized to enforce the following:

List of animal control enforced statutes inserted here – only one or two of which authorizes a local municipality to create their own ordinance.
Michigan Laws and Regulations pertaining to animal control

I’ll call it “Section 6” because it is Section 6 of the dog law of 1919 that grants the authority to choose when dog licenses become due. So, I would put a section 6 in here for that purpose. Read Section 6 of the dog law of 1919 to see how to go about doing that. Dog Law of 1919 Section 6


Section 4. Violations

(a) It shall be a violation of this ordinance for any person to permit a dog within his possession, control or supervision to cause a nuisance and disturbance by loud and frequent barking, howling, yelping or the like.

They like to include this one about barking dogs……..I don’t think there is a state law on that. My suggestion would be to add this somewhere else as it is not authorized under the dog law.

Section 11. Severability.

Every section and every part of each section is hereby declared to be an independent section and part of section, and a holding of any section or part of section to be void and ineffective for any cause, or the modification of or addition to any section or part of section shall not be deemed to affect any other section or part of section.

Section 12. Effective Date.

The effective date of the Animal Control Ordinance established by this Ordinance No. 4 First Amended, shall be November 1, 1976, or the earliest date thereafter permitted by law.

Adopted by the Lenawee County Board of Commissioners at a regular meeting of the Commission held the 12th day of October, 1976.

Approval by the Governor of the State of Michigan

The forgoing ORDINANCE NO. 4, First Amended, for the County of Lenawee is hereby approved and this approval signed the 17th day of December, 1976.

Viewers of this presentation of present ordinances which have been adopted by Lenawee County Board of Commissioners are advised that the information contained herein is presented for informational purposes only. Viewers are cautioned that this presentation of ordinances may or may not be current or up to date. In addition this presentation does not include public health code ordinances.

The Lenawee County Department of Public Health should be contacted for other items of public health concern.

Lenawee County Animal Control Ordinance

LENAWEE COUNTY ANIMAL CONTROL ORDINANCE

AS ADOPTED BY THE LENAWEE COUNTY BOARD OF COMMISSIONERS ON

MAY 12, 1976 AND FURTHER ADMENDMENTS

WHEREAS, the County of Lenawee in the State of Michigan adopted Ordinance No. 4, Animal Control Ordinance on October 12, 1976, and forwarded same to the Governor of said State for approval, and,

WHEREAS, Pursuant to the Governors request, the Attorney General of the State has recommended certain amendments to the Ordinance, now therefore, to accomplish said amendments,

BE IT RESOLVED, That the said Ordinance adopted May 12, 1976 be rescinded, and,

BE IT RESOLVED, That Ordinance No. 4, First Amended, Animal Control Ordinance be adopted as follows:

Section 1. Purpose.

There is hereby established a Lenawee County Animal Control Agency which shall employ at least one (1) animal control officer. The Animal Control Agency shall have jurisdiction to enforce this ordinance and the dog licensing statutes of the State of Michigan, and particularly Act 339 of the Public Acts of 1919, as amended (the Dog Law of 1919); and Act 132 of the Public Acts of 1974, as amended in an city, village or township of the County which does not have an animal control ordinance.

Section 2. Definitions.

(a) Animal Control Officer means any person employed by the County for the purpose of enforcing this ordinance, or State statutes, pertaining to dogs or other animals.

(b) The term “owner” when applied to the propertiership of an animal means every person having a right of property in the animal, an authorized agent of the owner, and every person who keeps or harbors the animal or has it in his care, custody or control, and every person who permits the animal to remain on or about the premise occupied by him.

Section 3. Duties of the Animal Control Officer and Appointing Authority.

The appointment of an Animal Control Officer shall be made by the Board of Commissioners and in addition to the duties listed shall have such other duties relating to the enforcement of this ordinance as the Board of Commissioners may from time to time provide.

The Animal Control Officer shall be authorized to carry out the following duties and responsibilities:

(a) To investigate complaints concerning dogs and other animals alleged to be dangerous to persons or property and shall have the right to cease, take up and impound or destroy such animals. As to a licensed dog or a dog with evidence of ownership, the animal control officer shall notify the owner of the dog by written notice and sent by certified mail, 7 days prior to disposition of said animal, that said owner would be afforded a hearing prior to the destruction of licensed dog which had been running loose if said owner made and delivered such a demand in writing within 7 days from date of mailing said notice.

(b) To investigate complaints concerning alleged cruelty to dogs and other animals.

(c) To dispose of bodies of all animals destroyed in accordance with this ordinance or the statutes of the State of Michigan in a manner approved by the Department of Agriculture or the Board of Commissioners.

(d) To carry dog licenses and receipts numbered in sequence for accounting purposes and to issue same and to account to the County Treasurer for same on or before the last day of each month.

(e) To carry and issue violation citations to persons violating the terms of this ordinance or the statutes enforced under this ordinance.

The Animal Control Officer shall be paid a fee or salary established by the Board of Commissioners, in lieu of all fees and other remunerations established by statute.

Section 4. Violations

(a) It shall be a violation of this ordinance for any person to permit a dog within his possession, control or supervision to cause a nuisance and disturbance by loud and frequent barking, howling, yelping or the like.

(b) If any dog, at any time, licensed or unlicensed, destroys property real or trespasses in a damaging way on private property of persons other than the owner, the owner of said dog shall be legally liable.

(c) Costs, as in civil cases, shall be taxed against the owner of the dog, animal, livestock, or poultry, and collected by the court from the person complained against upon a finding of guilty.

Section 5. Licensing

(a) An application for a license hereunder shall state the dogs breed, sex, age, color, and markings, and the owner’s name and address, and shall be accompanied by a valid certification of vaccination for rabies, with a vaccine licensed by the United States Department of Agriculture. Viewers of this presentation of present ordinances which have been adopted by Lenawee County Board of Commissioners are advised that the information contained herein is presented for informational purposes only. Viewers are cautioned that this presentation of ordinances may or may not be current or up to date. In addition this presentation does not include public health code ordinances. The Lenawee County Department of Public Health should be contacted for other items of public health concern.

(b) Fees for all dogs, male or female, sexed or unsexed, of the age of six (6) months or older shall be established by the Board of Commissioners. Set fees will apply is said license is obtained on or before March 1 of each year. A higher fee may be assessed thereafter.

(c) A kennel license shall require inspection and approval of the kennel and dogs by the Animal Control Officer.

(d) Fees for leader dogs or dogs in training as such are hereby waived, however, same must be licensed.

(e) Current dog license issued by other Counties within Michigan, and any other governmental agency shall be honored in the County until the following March 1st.

Section 6. Confinement of Animal.

(a) Any animal including wild animals which shall bite a human shall, if located, be confined for the required ten (10) days at the animal pound or other suitable location at the discretion of the Animal Control Officer. Confinement costs are to be borne by the owner if known.

(b) Every dog and other animal shall at all times be confined upon the premises of its owner except when said dog or other animal is otherwise under the reasonable control of the owner.

(c) An owner may redeem a dog from the animal pound executing a statement of ownership, or a license and tag as required by this ordinance and State statute, and paying the required fees posted at the pound. If the dog is unlicensed a license and tag, as required by this ordinance and State statute, must be purchased by the owner and said license and tag inspected by the Animal Control Officer or other designated officer within ten (10) days of the date the dog is claimed and redeemed from the animal pound or place of confinement.

Section 7. Dog Census.

The method and fees for taking the annual dog census shall be established by resolution of the Board of Commissioners.

Section 8. Fees and Expenses.

All fees for viewing an area where livestock has been killed or injured by dogs and all other fees and expenses required for the administration and enforcement of this ordinance and the State statutes enforced hereunder shall be from time to time established by the Board of Commissioners.

Section 9. Penalty.

Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by imprisonment in the county jail for not ninety (90) days or by a fine of not more than One Hundred ($100.00) Dollars or by both such fine and imprisonment.

Section 10. Treasurer’s Records and Duties.

(a) On March 1 of each year, the County Treasurer shall make a comparison of his records of the dogs actually licensed in each city or township of the County with the report of the annual census to determine and locate all unlicensed dogs.

(b) On and after April 1 of each year, every unlicensed dog, subject to license provisions of this ordinance or the Statutes of the State, is hereby declared to be a public nuisance and the County Treasurer shall immediately thereafter list all such unlicensed dogs, as shown by the results of the annual census, and shall deliver copies of such lists to the Animal Control Officer and the Director of the Michigan Department of Agriculture as well as those officers listed and set forth in Act 339 of the Public Acts of 1919, being section 287.277 of the Compiled Laws of 1948. (MSA Section 12.527)

Section 11. Severability.

Every section and every part of each section is hereby declared to be an independent section and part of section, and a holding of any section or part of section to be void and ineffective for any cause, or the modification of or addition to any section or part of section shall not be deemed to affect any other section or part of section.

Section 12. Effective Date.

The effective date of the Animal Control Ordinance established by this Ordinance No. 4 First Amended, shall be November 1, 1976, or the earliest date thereafter permitted by law.
Adopted by the Lenawee County Board of Commissioners at a regular meeting of the Commission held the 12th day of October, 1976.

Approval by the Governor of the State of Michigan

The forgoing ORDINANCE NO. 4, First Amended, for the County of Lenawee is hereby approved and this approval signed the 17th day of December, 1976.

Viewers of this presentation of present ordinances which have been adopted by Lenawee County Board of Commissioners are advised that the information contained herein is presented for informational purposes only. Viewers are cautioned that this presentation of ordinances may or may not be current or up to date. In addition this presentation does not include public health code ordinances. The Lenawee County Department of Public Health should be contacted for other items of public health concern.

Michigan Laws and Regulations

The laws relative to Animal Control Officers are (follow the links)

Pet Shops, Dog Pounds and Animal Shelters: Public Act 287 of 1969, as amended

The primary law pertaining to pet shops. Among other things, this law specifies who does and does not need a pet shop license and it includes requirements for importing and selling puppies and kittens.

Regulation 151 (Pet Shops, Dog Pounds and Animal Shelters):

Regulations and requirements for operating a licensed pet shop, dog pound or animal shelter. This is a very important regulation to read and understand, as it covers areas that MDA Inspectors review when visiting these facilities.

The Animal Industry Act: Public Act 466 of 1988, as amended

Requirements for importing wild and exotic animals such as birds and reptiles.

Regulations for The Animal Industry Act

This describes the specific regulations operating under the Animal Industry Act.

Public Act 33 of 2001

An excerpt from the amended Animal Industry Act (PA 466 of 1988).

Large Carnivore Act: Public Act 274 of 2000

An Act to regulate the ownership, possession, and care of certain large carnivores.

Wolf-Dog Cross Act: Public Act 246 of 2000

An Act to regulate the ownership, possession, and care of certain wolf-dog crosses.

Bodies of Dead Animals: Public Act 239 of 1982

An Act to license and regulate animal food manufacturing plants, transfer stations, dead animal dealers, rendering plants, and certain vehicles.

Regulations for Public Act 239 of 1982 Bodies of Dead Animals

Use of Dogs and Cats for Research: Public Act 224 of 1969

An Act to license and regulate dealers in and research facilities using dogs and cats for research purposes; and to repeal certain acts and parts of acts.

Regulation 150: Use of Dogs and Cats for Research

Dog Law: Public Act 339 of 1919

An Act relating to dogs and the protection of live stock and poultry from damage by dogs; providing for the licensing of dogs; regulating the keeping of dogs, and authorizing their destruction in certain cases, etc.

Liability of Owner for Dog Bite: Public Act 73 of 1939

An Act providing for the recovery of damages by persons bitten by dogs; and creating a liability of the owners of such dogs.

Regulation 129: Governing Dog Kennels

Registration and Identification of Dogs

An Act to provide for the regulation, registration, identification and licensing of dogs.

Michigan Penal Code (Chapter IX animals): Public Act 328 of 1931 (as amended)

Animals Running at Large: Public Act 328 of 1976

An Act to regulate animals running at large; to provide for compensation for damage done by animals running at large; to prescribe penalties; and to repeal certain acts and parts of acts.

Dangerous Animals: Public Act 426 of 1988

An Act to regulate dangerous animals; to provide for the confinement, tattooing, or destruction of dangerous animals; and to provide penalties for the owners or keepers of dangerous animals that attack human beings.

The Turtle Act: Public Act 424 of 1988

State requirements for the sale of small turtles. (Federal law covers to whom turtles may be sold, state law covers specifics about the sale.)

The Ferret Act: Public Act 358 of 1994

Legalized and controls the sale and breeding of ferrets.

Sale of Baby Chicks, Rabbits, Ducklings, or Other Fowl or Game: Public Act 163 of 1945

Prohibits the sale of dyed chicks, rabbits, ducklings, etc.

Pseudorabies and Swine Brucelosis Control and Eradication Act: Public Act 239 of 1992

Swine laws, pertinent for stores selling pot-bellied or other pet pigs.

Equine Activity Liability Act: Public Act 351 of 1994

An Act to regulate civil liability related to equine activities; and to prescribe certain duties for equine professionals.

Horse Riding Stables and Sales Barns: Public Act 93 of 1974

An Act to license and regulate horse riding stables and sales barns; to prescribe the duties of the department of agriculture; and to provide a penalty.

Regulation No. 154: Horse Riding Stables and Sales Barns

Public Health Code, Act 368 of 1978, as ammended, Section 7333

This discusses the requirements to administer euthanasia or tranquilize.

Rules of the Michigan Board of Pharmacy

For information on the laws pertaining to animal euthanasia training see sections R 338.3138 and R 338.3139.

Leader Dogs for Blind Persons, Act 207 of 1970

Michigan Penal Code (excerpt), Act 328 of 1931

Person with disabilities or trainer led by guide, leader, hearing, or service dog; refusing entry to or use of public or private accomodations as misdemeanor; conditions; identification card; list; definitions.