Thursday, December 4, 2008

All they really need or that is allowed by law

Lenawee County had quite a bit more than needed in their 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BE IT RESOLVED, That the said Ordinance adopted May 12, 1976 be rescinded, and,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.

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