Chapter 7
ANIMAL CONTROL
7-4. Licensing and vaccinations required for dogs.
7-5. Dogs at large prohibited; penalties.
7-9. Ownership and use of security and guard dogs.
7-14. Enticement of another person’s animal.
7-15. Interference with another person’s animal.
7-16. Animals; number limited.
7-1 Title.
This chapter shall be known and cited as the "charter township of Port Huron animal control ordinance."
(Ord. No. 224, 7-19-2010)
7-2 Purpose.
This chapter is enacted for the purpose of protecting public health, safety and general welfare of persons and property within Port Huron Charter Township, pursuant to the authority granted to townships in the Township Ordinances Act, Public Act 246 of 1945 (MCL 41.181 et seq.), by regulating the control to be exercised by owners, custodians and keepers of domesticated animals within the limits of the township.
(Ord. No. 224, 7-19-2010)
7-3 Definitions.
Animal means any living nonhuman creature.
At large means not confined without means of escape in a pen, corral, yard, cage, house, vehicle or other secure enclosure, unless otherwise under the control of a competent human being.
Dog means and includes animals of the Canis familiaris species, and hybrids of a Canis familiaris and any other member of the Canis genus, including wolves and coyotes. Dog includes both male and female.
Domestic animals means rabbits, cattle, horses, ponies, mules, donkeys, jackasses, llamas, swine, sheep, goats, dogs, cats and poultry.
Keep/Keeper means to keep, harbor or have custody, charge or control of an animal that is not the person’s personal property.
Own means to keep, harbor or have custody, charge or control of an animal.
Owner means any person who owns an animal.
Person means any corporation, partnership, limited liability company, association, or other legal entity, as well as a natural human being.
Township means the charter township of Port Huron.
(Ord. No. 224, 7-19-2010)
7-4 Licensing and vaccinations required for dogs.
(a) Whoever is the owner, custodian or keeper of a dog six months of age or older shall be required to obtain a dog license from St. Clair County Humane Law Enforcement, or their agent, with proof of rabies vaccination and canine distemper vaccination from a licensed veterinarian.
(b) For the purposes of this chapter, all "domestic animals," which are rabbits, cattle, horses, ponies, mules, donkeys, jackasses, llamas, swine, sheep, goats, dogs, cats and poultry, are given the same protection and consideration as areas written as "dog."
(Ord. No. 224, 7-19-2010)
7-5 Dogs at large prohibited; penalties.
(a) It shall be unlawful for the owner, custodian or keeper of any dog(s) to permit such dog(s) to run loose or to be at large within the township. All dogs found any place other than on the premises of the owner, in a motor vehicle or boat, or under the control of the owner, custodian or keeper on a chain or leash not longer than six feet shall be deemed to be running loose or to be at large within the meaning of this section.
(b) It shall be unlawful for the owner, custodian or keeper of any dog(s) to permit such dog(s), although restrained on the property of its owner, custodian or keeper, to encroach upon a neighboring property without permission or upon a public way, public sidewalk or other public property.
(1) Violation and notice. If any dog is found to be at large in violation of this section, a citation may be sent to the owner, custodian or keeper of such dog. Violations may be issued in person or by leaving it at the last and usual place of abode of such owner, custodian or keeper, or by mailing the notice by certified mail, return receipt requested and mailing a copy of such citation by regular mail through the U.S. post office. Notices of citation shall state that:
a. Such violation has been committed;
b. Time and place of such violation; and
c. Such violation has been reported to St. Clair County Humane Law Enforcement.
(2) Penalty. Any person who violates this section commits a civil violation which will result in a fine of $50.00 for the first violation and a fine of $100.00 for a second or subsequent violation. Any person who has been found to be in violation of this section more than three times within any 12-month period shall have the option, in lieu of a fine, of erecting a secure enclosure for the dog or dogs. The enclosure shall be of suitable size to accommodate the animal or animals. At a minimum, the enclosure shall be high enough to prevent the dog or dogs from leaping out of the enclosure and shall provide shelter from the environment for the animals. The enclosure shall be completed within 30 days of the latest violation.
(Ord. No. 224, 7-19-2010)
7-6 Waste disposal.
(a) It shall be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his dog on any sidewalk, street, park, playground or other public area. It shall further be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by such dog on any private property, neither owned nor occupied by such person.
(b) No person who owns, possesses or controls such dog shall appear with such dog on any sidewalk, street, park, playground or other public area without the means of removal of any feces left by such dog. Furthermore, no person who owns, possesses or controls such dog shall appear on any private property, neither owned nor occupied by such person, without the means of removal of any feces left by such dog.
(c) For the purposes of this section, the means of removal shall be any tool, implement or other device carried for the purpose of picking up and containing such feces, unexposed to such person or the public. Disposal shall be accomplished by transporting such feces to a place suitable and regularly reserved for the disposal of human feces, specifically reserved for the disposal of human feces, specifically reserved for the disposal of canine feces, or as otherwise designated as appropriate by the Board of Health, and so disposing of such feces.
(1) Enforcement and fine. Violation of this section shall be enforced by a police officer or sheriff deputy, a designated township officer, or a county animal control warden or employee and shall be punishable by a fine of $50.00 for each occurrence.
a. Exceptions. The requirements for removing dog waste under this section shall not apply to a dog accompanying any handicapped person, who, by reason of the handicap, is physically unable to comply with the requirements of this section, nor shall it apply to working police dogs while on duty.
(Ord. No. 224, 7-19-2010)
7-7 Nuisances/noise.
(a) It shall be unlawful for any owner, custodian and/or keeper of a dog to permit or allow such dog to create a nuisance and/or disturb the peace through unreasonable or objectionable noise caused by frequent and habitual barking, howling or creating other noise.
(b) The owner, custodian and/or keeper of any female dog in heat within the boundaries of the township shall confine such animal within a secure enclosure and in such a manner as to prevent it from becoming a nuisance.
(1) Nuisance penalty. The owner, custodian and/or keeper of a dog which has caused a nuisance shall, for a first offense, be punished by a fine of $50.00. For any second or subsequent offense, the owner or keeper shall be punished by a fine of $100.00.
(Ord. No. 224, 7-19-2010)
7-8 Animals in vehicles.
(a) It shall be unlawful to leave any animal unattended in a vehicle whether on public or private property when the conditions in that vehicle would constitute a health hazard for the animal.
(b) It shall be unlawful to allow a dog or cat to ride in the bed of a pickup truck on public streets, highways and/or rights-of-way unless the animal is securely caged and protected from the environment or unless the bed of the pickup truck is enclosed with a camper shell or other device and there is appropriate and sufficient ventilation.
(1) Penalty. Any person who violates this section commits a civil violation which is punishable by a fine of $250.00.
(Ord. No. 224, 7-19-2010)
7-9 Ownership and use of security and guard dogs.
Any dog used primarily for the purpose of securing and protecting real or personal property which is open to public access at any time shall comply with all the following:
(1) Such security or guard dog will be registered with the township clerk.
(2) Such dog shall be kept within an enclosed area at all times when such property is open to public access or during business hours. Such enclosed area will consist of a fence at least six feet high with a fence covering and a locked gate and/or within a locked room if in a business establishment.
(3) All areas secured or protected by a security or guard dog shall be posted in such a thorough manner as to give adequate notice to the public (beware of guard dog, etc.).
(4) No person or business shall harbor a security or guard dog unless he has obtained a security dog kennel permit as follows:
a. Such permit will be issued by the township clerk at no fee upon written certification by the code enforcement officer that such business or person has complied with all the requirements of this section. The permit may be revoked by the township upon evidence of violation of this section;
b. The township clerk shall provide the fire chief and St. Clair County Humane Law Enforcement with a copy of the security dog kennel permit;
c. The security dog kennel permit shall specify the location at which the dog is licensed to be located, and no transfer or relocation of the duly licensed guard/security dog shall be permitted without the approval of the township;
d. A permit shall be valid for an indefinite period of time;
e. Any business or resident harboring a security dog shall, upon the request of the township, allow the designated township agent to enter and inspect the kennel area where such dog is licensed to be harbored; and
f. Failure to comply with this section will result in a fine of $50.00 for each day of such violation.
(Ord. No. 224, 7-19-2010)
7-10 Dangerous dogs.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
Dangerous dog means any dog that:
(1) When unprovoked, inflicts bites on a human or domestic animal either in public or on private property, so long as such human or domestic animal is legally upon such public or private property; or
(2) Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or
(3) Has a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of humans or domestic animals.
a. Exception. No dog shall be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner, custodian or keeper of the dog; was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused or assaulted the dog; or was committing or attempting to commit a crime. Children under the age of seven years of age at the time the injury was sustained will be presumed to have not committed any of the actions stated in this section.
b. Confinement. All dangerous dogs must be securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of young children and designed to prevent the dog from escaping. Such pen or structure shall have secured sides and a secure top and shall also provide protection from the elements for the dog.
c. Restraint on public ways. No dangerous dog shall be permitted upon any public way unless restrained by an appropriate dog leash no longer than four feet, and must be muzzled when not securely confined indoors or in a pen. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any person or animal.
d. Number limited.
1. There shall be no more than one dangerous dog per dwelling unit allowed in the township.
2. No person shall be permitted to own, harbor or otherwise control or have custody of more than one dangerous dog, excepting a licensed kennel.
3. It is prohibited for a minor to either own, harbor or otherwise have control or custody of a dangerous dog.
e. Signs.
1. Any person who either owns or harbors a dangerous dog must conspicuously display a sign approved by the township with a warning symbol that informs children of the presence of such dangerous dogs and a sign easily readable by the public using the words "dangerous dog."
2. Signs are to be posted at each entrance to the premises where a dangerous dog is kept and on gates that are part of a fence enclosing the property as well as on the pen.
f. Breeding, selling or trading. It shall be unlawful to breed dangerous dogs or sell or trade them within the township limits, unless the sale or trade is for the purpose of removing them from the township limits.
g. Penalty for violation. Whoever violates any provision of this section shall be subject to a fine of $50.00 for the first offense and $100.00 for any subsequent offenses relating to the same dog. Any dog that has been the subject of four or more violations of this section shall be deemed a nuisance, and the township may, at its option, either seek abatement of said nuisance or report such nuisance to St Clair County Humane Law Enforcement for the appropriate action under the law.
(Ord. No. 224, 7-19-2010)
7-11 Care and treatment.
It shall be unlawful for an owner, custodian or keeper of any animal in the township to do any of the following:
(1) Fail to maintain such animal in a clean, sanitary and healthy manner. No animal may be confined so as to be forced to stand, sit or lie in its own excrement; the person(s) responsible for the animal(s) shall regularly and as often as necessary to prevent odor or health and sanitation problems, clean all animal areas or areas of animal contact.
(2) Fail to provide any of the following:
a. Food that is appropriate for the species in adequate amounts to maintain good health;
b. Fresh potable drinking water where appropriate;
c. Shelter and ventilation, including quarters that are protected from excessive heat and cold and are of sufficient size to permit the animal to exercise and move about freely;
d. Tether by use of a choke collar, or on any collar too small for the size and age of the animal, or by any rope, chain or cord directly attached to the animal’s neck, or by a leash less than 12 feet in length, or of such unreasonable weight as to prevent the animal from moving about freely;
e. Perpetrate or allow the perpetration of abuse, cruelty, neglect, torment, overwork, or any other mistreatment;
f. Fail to assure that the animal is maintained in compliance with all applicable federal, state and local laws and all regulations respecting animal care and control as are adopted by the charter township of Port Huron and in effect from time to time.
(3) Penalty for violation.
a. Any violation of any provision of this section shall be punishable by a fine, for the first offense, of $50.00; and
b. For the second or subsequent violations, $200.00, and the court upon request shall order forfeiture or other disposition of the animal involved. A judgment by the court which orders forfeiture or other disposition of the animal by the township or any third party shall include as a part of such judgment adequate provisions for the collection of costs of forfeiture or impoundment from the person found in violation.
In the discretion of the enforcement authority, a person who violates any provision of this section for the first time may be given written notice of the practices or conditions which constitute the violation, and the enforcement authority shall, in such instance, direct remedies to such person where appropriate and provide a time period of no longer than 30 days within which to correct the violation(s). Failure of the person to correct the violations within the specified time period shall constitute prima facie evidence of violation of this section.
(Ord. No. 224, 7-19-2010)
7-12 Abandonment of animal.
It shall be unlawful for a person to abandon any animal on public or private property in the township. Violation of this section shall be punishable by a fine of $200.00.
(Ord. No. 224, 7-19-2010)
7-13 Animal fights.
It shall be unlawful for a person to incite, train to fight (other than a crime prevention dog) or set any animal to fighting another animal or to incite combat between animals and humans in the township. Violation of this section shall be punishable by a fine of $200.00.
(Ord. No. 224, 7-19-2010)
7-14 Enticement of another person’s animal.
(a) It shall be unlawful for a person, not so authorized, to enter or invade the private premises of another person in the township to capture, entice, or take any animal out of the enclosure or premises of the owner, or to seize an animal at any place while such animal is accompanied by its owner, custodian or keeper.
(b) Except as expressly authorized in this chapter, it shall be unlawful for a person to entice any animal away from the premises for the person who owns or keeps such animal in the township, or to entice an animal from a street, alley or public place in the township with the intent to deprive the owner of the animal’s possession.
(c) It shall be unlawful for a person to bring into the township an animal for the purpose of its impoundment, or the collection of any fee or reward for its return, except as provided in this chapter.
(1) Penalty. Any person who violates this section commits a civil violation which will result in a fine of $50.00 for the first violation and a fine of $100.00 for a second or subsequent violation.
(Ord. No. 224, 7-19-2010)
7-15 Interference with another person’s animal.
It shall be unlawful for a person to feed, tease, tantalize, molest, or provoke any animal in the township without the express consent of the animal’s owner, if any, while the animal is on the owner’s property or under the owner’s control. A person who violates this section shall be punishable by a fine of $50.00.
(Ord. No. 224, 7-19-2010)
7-16 Animals; number limited.
(a) The number of dogs and/or cats owned as pets and maintained at any township address shall be limited to a total of four, in any combination.
(b) Except as may be allowed at a facility deemed to be a kennel and found to be in compliance with any state, county or township law or ordinance regarding kennels or on a farm, the breeding of domestic animals for sale or otherwise, either intentionally or unintentionally, is limited to one litter per year.
(1) Penalty. Any person who violates this section commits a civil violation which will result in a fine of $50.00 for the first violation and a fine of $100.00 for a second or subsequent violation.
(Ord. No. 224, 7-19-2010)