Berrien County Animal Services

 

BCAC: The Facts        Fee Schedule

BCAC will only respond to service requests regarding threats to public safety.

 

Many wild animals have adapted to live comfortably in an urban environment. It is not unusual to see raccoons, skunks, squirrels, and other wildlife in residential areas.

 

Please direct all wildlife concerns to the Department of Natural Resources (DNR) at 800.292.7800 or visit their website at michigandnr.com. Otherwise, please contact your local pest control company.

Resources

 

Helping Wild Babies Survive

Animal Control Law in our Community

FOIA Requests

MI Cruelty Statute

 

If your pet is missing, you can log into your account, select the Report as Lost button and follow the instructions on the screen.

 

If you need assistance with your account, please contact our office at 269-927-5648.

 

Adoptable Pets

 

 

Stray & Found Pets

 

These dogs are NOT available for adoption. When and if they are, they will be listed on the Adoptable Pets page and on Petfinder. Please do not call to inquire.

 

You must provide proof of ownership in order to claim your pet. Photos are NOT acceptable proof of ownership.

Acceptable proof of ownership includes:

·         Dog License Registered to You

·         Microchip Registered to You

·         Collar with Tags / ID to You

·         Veterinary Records

·         Proof of Purchase or Adoption

I Lost My Pet. What Should I Do?

If your pet is missing, you can log into your account, select the “report as lost” button and follow the instructions on the screen.

Do these things right away

 

1.   Search the Petco Love Lost national lost and found database and Register your pet at www.petcolovelost.org. Pets that are brought into one of our shelters by a Good Samaritan are automatically uploaded as FOUND pets into Petco Love Lost.

2.   Post your pet on social platforms, including your local lost and found pets Facebook group, NextDoor, Craigslist, and Pawboost. These are just a few of the Facebook lost and found pets groups in our area. Be safe. Do no include your personal information.

 

 

3.   Search the area where your pet was lost. Create LOST PET signs and hang them as you walk around the neighborhood.

 

What else should I do?

 

Ask friends, family, and neighbors to help you search the radium within a mile of your home. 80% of lost pets are found within a mile of where they live so your pet probably has not gone far!

 

Visit our animal shelter(s): Please contact our office at 269-927-5648. You are also welcome to visit the shelter at 1400 S. Euclid Ave, Benton Harbor, MI 49022. Contact other nearby humane societies, and/or animal control agencies daily to look for your pet and monitor found pet listings daily.

 

 

Don’t wait! Do these things right away

 

1.   Search the LOST listings on Petco Love Lost, the national lost and found database and Register the found pet on Petco Love Lost.

 

 

2.   Check to see if the pet has a microchip by taking the pet to any veterinary office or the shelter.

 

 

3.   Walk or drive around the area where you found the pet. Create FOUND pet signs you can hang in the area.

 

 

4.   Post the dog on social media platforms including your local Lost and Found Facebook page, Craigslist, Nextdoor, your own social media channels, and Pawboost. Be safe. Do no include your personal information.

 

If you have held the pet and not been able to find the owner, or if you are unable to hold the pet, you can bring the pet to the shelter during business hours.

 

If you find a pet after business hours and the animal is sick, injured, or posing a threat to public safety, please call 911 and a police dispatcher will assist.

 

Before you adopt, careful consideration must be given to the responsibilities of pet ownership.

 

The Animal Shelter adopts dogs, cats, puppies, kittens and other small pets to the general public.

 

Adopters must obey all state and county laws pertaining to animals.

 

A copy of the BCAC laws is provided to anyone making the request for this information.

 

 

Payment methods are cash, check or credit. Follow us on Facebook for the latest reduced fee adoption specials.

Dog: $85

Cat: $30

 

 

This policy will be strictly enforced to ensure that all animals adopted through the Berrien County Animal Shelter will be treated humanely and placed in home with responsible pet owners only.

 

Persons seeking to adopt an animal through the Berrien County Animal Shelter may be required to complete a pre-adoption questionnaire.

 

No adoptable animal has a guaranteed holding time.

 

Information regarding the adopter of any animal from the BCAC is regarded as confidential and will not be released without a court order.

 

ADOPTERS AGREE:

 

·         To comply with designated dates for rabies inoculations and county animal licensure.

 

·         To have the new pet examined by a licensed veterinarian within three (3) days of its adoption to ensure its present and future health.

 

·         To provide proper food, proper water and proper shelter (when pet is outdoors).

 

·         To provide proper shade and hydration in the summer months.

 

·         To keep the pet as their own. If you can no longer keep the pet, you should contact the Berrien County Animal Shelter.

 

·         To keep the pet well groomed and make every effort to keep it free of parasites.

 

·         That currently owned animals are licensed and be up to date on required inoculations.

 

In addition, all adopted dogs must wear collars with identification tags, rabies and license tags.

·         If the animal is lost, a tag is the best way to reunite the animal with its owner.

·         We recommend microchipping as a permanent identification.

·         A fenced yard is ideal for all dogs.

·         This protects the dog from roaming and owners from liability that their loose animal can cause.

·         Dogs should never be left unattended in a yard. Chaining, except for brief periods, is not recommended.

·         Dogs will not be placed in homes where they will be allowed to run at large.

 

 

Berrien County Animal Control reserves the right to deny any adoption based on previous Animal Control records and/or a Pre-adoption questionnaire.

 

If an adopted animal dies, then the owner must notify Animal Control in a timely manner.

 

All adopters are given a copy of the condensed animal control laws of Berrien County will be provided to County residents.

 

 

The following policy has been implemented in regards to persons who are ineligible to adopt animals from the shelter:

 

·         Any person who has been found guilty of abandonment or cruelty to animals.

 

·         Any person who has turned over custody of an animal to the Berrien County Animal Shelter may be ineligible to adopt animals from the shelter.

 

·         Any person, who in the opinion of a licensed Veterinarian, has cruelly treated, abused or neglected an animal.

 

·         Any person with a past history of animal control problems/complaints/violations.

 

·         Any person under the age of 18, unless accompanied by a parent or legal guardian.

 

·         Any person not owning their residence may be required to provide proof, in writing from the landlord that they have permission to have animal on the property.

 

·         No animal will be adopted as a gift for another person.

 

 

·         Each kennel will display a card with all pertinent information completed and show the date the animal is available for adoption.

 

·         Adoptable animals will be identified as "For Adoption".

 

·         All adoptable animals are offered on a first come, first serve basis.

o   Individuals traveling in excess of 40 miles may contact the shelter to make arrangements to hold a pet to ensure it will be here upon arrival.

 

·         The specified adoption fee must be paid at the time of adoption.

 

·         Placement options for your pet will be discussed with you.

 

·         The adoption of very small dogs or potentially aggressive dogs will be discouraged to homes with young children.

 

·         Animals that have exhibited vicious tendencies will not be available for adoption.

 

·         Wolf Hybrids and wild animals will not be offered for adoption.

 

·         When identified as pregnant, these animals are not normally identified as for adoption.

o   Individuals wishing to adopt pregnant animals will be required to seek immediate spay of the animal at the adopter's expense.

 

 

Stray Animals

 

Stray animals have a holding time. If not claimed by an owner at the end of that time, the animal shall be deemed abandoned and become the property of the Berrien County Animal Shelter.

The stray animal will then either be offered for adoption or humanely euthanized.

Spay & Neuter Assistance

 

 

Donate

DONATIONS ARE ALWAYS NEEDED AND APPRECIATED

 

Cash donations are used for spay and neuter, medical supplies and care, and general support of the animals.

 

If you would like to donate in honor of a special person or choose how your donation is used, please complete the donation form. Contact our office if you would like to make a lasting gift by including BCAC in your will.

 

Please make checks payable to County of Berrien and mail to or drop off at:

 

Berrien County Animal Control

1400 S. Euclid Avenue

Benton Harbor, MI 49085

 

Material donations are used to care for the animals staying at the shelter. You can shop from home using our Amazon Wishlist, or see the list below to shop from a retailer of your choice.

 

 

 

Volunteer

Spend Time with our furry friends!

Volunteering is great way to support your community! Volunteers need to be 18 years or older to volunteer alone. All volunteers under 18 must have a parent or guardian present.

 

We are happy to accommodate schools groups, work groups, or other groups.

 

Often we receive requests for mandated volunteer hours required for school, work, or the court system.

DOG WALKING

 

We are always looking for consistent volunteers to walk and play with our dogs. We occasionally have the need for volunteers to walk dogs with specific needs that will require additional training. You will never be expected to handle animals that you are not comfortable with. We have a color grading system that corresponds to the level of difficulty a dog may be to handle or walk.

CAT SOCIALIZING

 

Throughout the day we allow several cats at a time to roam the cat room. We need gentle and patient individuals who will cuddle and play with them so they can get use to people.

OFFICE AND ADOPTION SUPPORT

 

We often need help in the afternoons with administrative tasks, helping the public get animals in and out of their kennels, and working with the public to find the right animal fit for their home. These volunteers will need to be willing to handle our adoptable pets and feel comfortable answering questions from the public.

EVENT SUPPORT

 

With another adoption event always around the corner, we need people willing to set up, attend, and tear down event equipment. These events can be inside or outside and usually have a large turnout. Typically we bring available animals for adoption and may need volunteers to help answer questions or handle the animals.

If any of these options sound like something you may be interested in, we would like to invite you to complete the Volunteer Application*.

*All volunteer applicants must complete a Volunteer Background Check Consent and Release Form, included in the online application.

If you have any questions please feel free to call the office at (269)927-5648.

 

We LOOK forward to meeting you!

Vaccine Clinics

No vaccine clinics are scheduled at this time.

Like and follow us on Facebook for the latest updates and events.

Clinics are CASH ONLY

Cats MUST be in a carrier

Dogs MUST be on a leash or in a carrier

 

LICENSES

1 Year Altered: $12.00
1 Year Unaltered: $27.00

3 Year Altered: $27.00
3 Year Unaltered: $72.00

VACCINES

1 Year Rabies: $20.00
3 Year Rabies: $25.00
Distemper: $25.00
Bordetella: $25.00

View the full official Ordinance 11 on the Berrien County website.

 

ORDINANCE 11

AN ORDINANCE RELATING TO AND PROVIDING FOR ANIMAL CONTROL WITHIN THE BOUNDARIES OF BERRIEN COUNTY.

 

THE PEOPLE OF THE COUNTY OF BERRIEN, MICHIGAN DO ORDAIN:

 

ARTICLE I

PURPOSE

 

Deeming it advisable in the interest of protecting the public health, safety, convenience and welfare and to provide for the orderly and uniform administration of the dog licensing provisions of the State of Michigan and in particular Act 339 of the Public Acts of 1919, as amended, being Sections 287.261 to 287.290 of the Michigan Compiled Laws, and to create the positions of Animal Control Officer and Animal Shelter Manager and define their duties, authority and responsibilities, and to regulate and control the conduct, keeping and care of dogs and certain other animals, livestock and poultry: the County of Berrien, Michigan does hereby adopt the following Ordinance:

 

ARTICLE II

DEFINITIONS

 

For the purpose of this Ordinance, the following terms shall have the following meanings respectively designated for each:

a)   "ANIMALS", unless otherwise stated, shall include birds, fish, mammals and reptiles.

b)   "LIVESTOCK" means horses, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kids, hogs, swine, and fur being animals being raised in captivity.

c)   "POULTRY" means all domestic fowl, ornamental birds, and game birds possessed or being reared under authority of a breeder's license pursuant to part 427 (breeders and dealers) of the natural resources and environmental protection act, Act 451 of the Public Acts of 1994, being sections 324.42701 to 324.42714 of the Michigan Compiled Laws.

d)   "LAW ENFORCEMENT OFFICER" means any person employed or elected by the people of the State of Michigan, or by any city, village, county or township whose duty itis to preserve peace or to make arrest or to enforce the law, and includes game, fish and forest fire wardens and members of the State Police and Conservation Officers.

e)   "ANIMAL CONTROL OFFICER" means the Berrien County Sheriff and includes any Animal Control Deputy.

f)    “ANIMAL CONTROL DEPUTY” means any deputy designated by the Sheriff who is authorized to enforce this Ordinance or state statutes pertaining to dogs or other animals.

g)   "OWNER" means both the owner of title of record and those occupying or in possession of any property or premise. The term "owner", when applied to the proprietorship of any animal, must be the age of 18 years and capable of taking care of said animal. An owner is a 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.

h)   "PERSON" shall include state and local officers or employees, individuals, corporations, co-partnerships and associations.

i)    "KENNEL" means any establishment wherein or whereon three (3) or more dogs are confined and kept for sale, boarding, breeding or training purposes, for remuneration, constructed so as to prevent the public or stray dogs from obtaining entrance thereto and gaining contact with dogs lodged herein.

j)    “DANGEROUS DOG” means a dog or other animal that has been found to be a dangerous animal by a court or magistrate pursuant to MCL 287.322 or has been ordered to be confined by a court or magistrate pursuant to MCL 287.286a.

k)   "RABIES-SUSPECT ANIMAL" means any animal which has been determined by the Michigan Department of Health and Human Services to be a potential rabies carrier and which has bitten a human, or any animal which has been in contact with or been bitten by another animal which is a potential rabies carrier, or any animal which is potential rabies carrier which shows symptoms suggestive of rabies.

l)    "DAY" shall mean calendar day.

m) "BOARD OF COMMISSIONERS" means the Berrien County Board of Commissioners.

n)   "TREASURER" means the Berrien County Treasurer.

o)   "SHERIFF" means the Berrien County Sheriff.

p)   "WILD ANIMAL" means any living member of the animal kingdom, including those born or raised in captivity, except the following: human beings, domestic dogs (excluding hybrids with wolves, coyotes, or jackals), domestic cats (excluding hybrids with ocelots or margays), rodents, any hybrid animal that is part wild, and captive-bred species or common cage birds.

 

ARTICLE III

ANIMAL CONTROL OFFICER

AND ANIMAL SHELTER MANAGER

DUTIES, AUTHORITY AND RESPONSIBILITIES

 

SECTION 1

The Berrien County Board of Commissioners assigns the Berrien County Sheriff’s Office as the County’s animal control agency, and appoints the Sheriff as the animal control officer pursuant to Act 339 of 1919. Upon review and approval by the Berrien County Board of Commissioners, an Animal Control Lead Deputy shall be appointed by the Sheriff.

 

An Animal Shelter Manager shall be appointed by the Board of Commissioners and shall serve as the head of the Department of Animal Services. The Animal Shelter Manager shall be supervised by the County Administrator and parent Committee (Administration).

 

SECTION 2

In lieu of all fees and other remuneration under the statutes of the state, the Animal Control Officer, and the Animal Shelter Manager, and their assistants, shall be compensated as established and determined by appropriate resolution of the Board of Commissioners.

 

SECTION 3

The Animal Control Officer shall fulfill the following duties:

a)   The Animal Control Officer shall have the authority to promptly seize, take up and place in the animal shelter all dogs or other animals found running at large or being kept or harbored any place within the county contrary to the provisions of this Ordinance or the statutes of the state.

b)   The Animal Control Officer shall enforce as a “peace officer” this Ordinance and shall be legally authorized to issue citations or summonses to those persons owning, keeping or harboring animals contrary to the provisions of this Ordinance.

c)   The Animal Control Officer shall promptly investigate all dog (animal) bite cases caused by a “rabies-suspect” animal involving human exposure and shall search out and attempt to discover the animal involved and shall either impound or require its owner to quarantine the animal for examination for disease in accordance with applicable provisions of this Ordinance and/or the statutes of the state. In the event the owner of a quarantined animal is unable to maintain the quarantine during the required period, the owner shall deliver said animal to the animal shelter, or upon notice to the Animal Control Officer, to a veterinary clinic or licensed quarantine facility for impoundment. Failure of an owner to maintain a quarantine or to deliver a quarantined animal for impoundment shall constitute a misdemeanor punishable as set forth in Article XII of this Ordinance. The Animal Control Officer shall also be obliged to seize and impound any rabies-suspect dog (animal).

d)   The Animal Control Officer shall assume the duty (provided in Section 16 of Act 339of the Public Acts of 1919, being Section 287.276 of the Michigan Compiled Laws, as amended) to determine and locate all unlicensed dogs, to list such dogs and to deliver said list to the Prosecuting Attorney for the necessary proceedings as provided by this Ordinance and/or the statutes of the state.

e)   The Animal Control Officer is hereby authorized and empowered in accordance with the provisions of this Ordinance to enter upon private premises for the purpose of inspecting same and for the purpose of determining the harboring, keeping or possessing of any dog(s) with the specific purpose of determining if the owners of said dog(s) have complied with the appropriate provisions of this Ordinance and to apprehend seize any dog(s) for whom no license has been procured in accordance with this Ordinance or for any other violation hereof; provided however that an investigation or inspection under this subsection shall comply with the U.S. Constitution and Michigan Constitution of 1963. The provisions of this subsection shall specifically include, but not be limited to, investigation of or seizure for cruelty to animals.

f)    The Animal Control Officer shall have the right and obligation to inspect any kennel, for which a license has been issued by the Treasurer and/or the Department of Animal Services pursuant to this Ordinance and the statues of the state, and shall have the duty to suspend said license if conditions exist which violate the requirements set forth in Article V. The Animal Control Officer shall further have the duty to revoke said license if such conditions are not corrected within a reasonable period of time, generally being within seven (7) days of notification.

g)   The Animal Control Officer shall have the right and obligation to investigate complaints of dog(s) or other animals alleged to be a nuisance and/or dangerous to persons or property.

h)   The Animal Control Officer shall have the right and obligation to investigate complaints of neglect, torture, or cruelty to dog(s) or other animals, and shall have the right to seize, take up and impound any dog(s) or other animal, livestock or poultry which has been subject to such neglect, torture or cruelty.

i)    The Animal Control Office shall have the right and obligation to sieze, take up and impound any dog(s) or other animals which the owner or custodian is not able to properly care for as a result of illness, bankruptcy, litigation, or other contingencies.

j)    The Animal Control Officer shall have such other duties relating to the enforcement of this Ordinance as the Sheriff may from time to time provide.

 

SECTION 4

The Department of Animal Services shall fulfill the following duties:

a)   It shall be the duty of the Animal Shelter Manager to destroy in a humane manner, all impounded dogs (or other animals) lacking a collar, dog license or other evidence of ownership after being impounded for four (4) days, or if the animal has a collar, license or evidence of ownership, seven (7) days from the date of mailing to the animal's owner written notice that the animal has been impounded. If, however, said dog or other animal is valuable or otherwise desirable for keeping, the Animal Shelter Manager may release said dog, or other animal, to any responsible person or responsible organization willing to undertake and remove said animal from the county or keep said animal within the county in accordance with the provisions of this Ordinance and the statutes of the state, including compliance with licensing and vaccination requirements. The length of impoundment shall be computed by excluding the first day the animal is brought to the Shelter and including the last day of confinement. If the last day is a Saturday, Sunday or recognized holiday, the period shall be extended to the next day which is not a Saturday, Sunday or recognized holiday. The bodies of all animals destroyed at the animal shelter or elsewhere in the county shall be disposed of by the Animal Shelter Manager in a manner approved by the Berrien County Board of Commissioners. Upon receipt of a written authorization signed by the owner, any animal voluntarily turned in to the animal shelter by the owner thereof for disposition need not be kept for the minimum period set forth herein before release or disposal of such animal is made by the Animal Shelter Manager, as provided herein.

b)   Any animal that is suffering unduly and has been impounded at the Department of Animal Services and is in the care and custody of the Department may be destroyed at the discretion of the Animal Shelter Manager on the advice of a veterinarian.

c)   The Treasurer and/or the Department of Animal Services shall be responsible for the sale of licenses and the keeping of appropriate records and books of account and respect thereto.

d)   The Animal Shelter Manager shall provide humane care for all animals in the custody of the animal shelter and shall keep records on all intakes and outcomes of animals, including the type of intake or outcome and species of such animal, and shall have such other duties relating to the enforcement of this Ordinance as the Board of Commissioners may from time to time provide.

 

SECTION 5

It shall be the further duty of the Animal Control Officer to enforce the provisions of this Ordinance and the statutes of the state pertaining to dogs and other animals, and he may make complaint to the appropriate court of competent jurisdiction in reference to any violation thereof.

 

SECTION 6

The Animal Shelter Manager shall dispose of any animal taken up and/or impounded as provided for herein; in accordance with the provisions of this Ordinance and/or the statutes of the state.

 

SECTION 7

All suspensions and/or revocations of licenses and all seizures for cruelty or dangerousness as provided for herein, shall be in accordance with such rules and regulations as are adopted from time to time by the Board of Commissioners.

 

SECTION 8

An Animal Control Deputy may be removed from office in accordance with the appropriate collective bargaining agreement, if one exists. Non-union and appointed employees shall serve at the pleasure of the Sheriff. The Animal Shelter Manager may be removed from office in accordance with the appropriate collective bargaining agreement, if one exists. Non-union and appointed employees shall serve at the pleasure of the County Administrator.

 

SECTION 9

The Animal Shelter Manager shall maintain the records for the issuing of dog licenses as provided in this Ordinance and shall issue such dog licenses in accordance herewith.

 

SECTION 10

The Animal Shelter Manager shall keep a record of all dog licenses and all kennel licenses issued during the year in each city and township in the county. Such record shall contain the name and address of the person to whom each license is issued. In the case of all individual license, the

record shall also state the breed, sex, age, color and markings of the dog licensed and in case of a kennel license, it shall state the place where the business is conducted. The record shall be a public record and open to inspection during business hours. The Animal Shelter Manager shall also keep accurate record of all license fees collected or paid over by any city or township treasurer.

 

SECTION 11

In all prosecutions for violation of this Ordinance, the records of the Department of Animal Services, or lack of same, showing the name of the owner and the license number to whom any license was issued, and the license tag affixed to the collar or harness of the dog showing a corresponding number shall be prima facie evidence of ownership or non-ownership of any dog and of issuance or non-issuance of a dog license or tag.

 

SECTION 12

All fees and monies collected by the Animal Shelter Manager as herein provided shall be accounted for and turned over to the Treasurer on or before the first of each and every month or more if reasonably necessary under the standard practices of the Treasurer's accounting system.

 

SECTION 13

It shall be the further duty of the Animal Control Deputy to wear uniforms and carry such other equipment as shall be prescribed, from time to time, by the Sheriff. Said uniforms shall be exact of the uniforms worn by Sheriff’s Office personnel, to include a safety vest made of Kevlar or some other suitable material. The Animal Control Deputy shall also utilize a distinctive badge, insignia, and related materials, as prescribed by the Sheriff.

 

SECTION 14

It shall be the duty of the Animal Control Deputy to secure training pursuant to procedures established by the Sheriff. Training shall include but not be limited to firearm safety, humane treatment of animals and investigative procedures. Under no circumstances shall an Animal Control Deputy discharge a weapon from a moving vehicle. The Animal Control Deputy shall complete a report on each occasion involving the discharge of a weapon by said Deputy. The discharge report shall be in conformity with the policies and procedures established by the Sheriff, along with any supplemental provisions established by the Board of Commissioners.

 

ARTICLE IV

LICENSING AND VACCINATION

 

SECTION 1

It shall be unlawful for any person to own any dog four (4) months old or over unless the dog is licensed as hereinafter provided, or to own any dog four (4) months old or over that does not at all times wear a collar with a tag approved by the Director of the Michigan Department of Agriculture and Rural Development, attached, as hereinafter provided, except when engaged in lawful hunting accompanied by its owner; or for any person except the owner, to remove any collar and/or license tag from a dog; or for any owner to allow any dog, except working dogs such as leader dogs, guard dogs, farm dogs, hunting dogs, and other dogs, when accompanied by their owner, while actively engaged in activities for which such dogs are trained to stray unless held properly on a leash.

 

SECTION 2

The owner of any dog four (4) months old or over, except as provided in Section 3 of this Article, shall apply to the county, township or city treasurer or his authorized agent, where the owner resides, in writing for a license for each dog owned or kept by him by the last day of the month of the dog’s current rabies vaccination every year, or, for a three year vaccination, by the last day of the month of the dog’s current rabies vaccination, every third year. Such application shall state the breed, sex, age, color and markings of such dog, and the name and address of the last previous owner. Such application for a license shall be accompanied by a valid certificate of vaccination for rabies, with a vaccine licensed by the United States Department of Agriculture, signed by an accredited veterinarian. Dogs attaining the age of four (4) months, shall have thirty (30)days in which to obtain a license. Notwithstanding the above, a new owner of a dog must apply for such license within 10 days of taking ownership of such dog.

 

SECTION 3

No dog shall be exempt from the rabies vaccination requirements as herein set forth, except when a veterinarian states in writing that the dog should not be vaccinated for medical reasons and indicates when the dog can be vaccinated.

 

SECTION 4

a)   The fee for licenses shall be established by the Board of Commissioners.

b)   A dog which is used as a guide or leader dog for a blind person, a hearing dog for the deaf or audibly impaired person, or a service dog for the physically limited person is not subject to any fee for licensing, as provided in MCL 287.291.

c)   The license fee for any dog for which a license has not been obtained in accordance with Article IV, Sections 2 and 4(b) shall be considered delinquent and the fee for acquiring a license for such dogs shall be set by the Board of Commissioners.

d)   The dog license fees as herein established may be changed from time to time on or before November l of each year and for subsequent years by the rules and regulations pertaining to the same as established by the Board of Commissioners.

e)   Current dog licenses issued by other counties within Michigan, and any other governmental agencies shall be honored in Berrien County until the following January 1.

 

SECTION 5

No license or license tag issued for one dog shall be transferable to another dog. Whenever the ownership or possession of any dog is permanently transferred from one person or another within the same county, the license of such dog may be likewise transferred, upon proper notice, in writing by the last registered owner, given to the Department of Animal Services who shall note such transfer upon his records. This Ordinance does not require the procurement of a new license or the transfer of a license already secured, where the possession of a dog is temporarily transferred for the purpose of boarding, hunting game, breeding, trial or show.

 

SECTION 6

If the dog license tag is lost, it shall be replaced by the Department of Animal Services, upon application by the owner of the dog, and upon production of such license and a sworn statement of the fact regarding the loss of such tag. The cost of said replacement shall be $5.00 (five dollars), or as otherwise determined by rules and regulations of the Board of Commissioners.

 

ARTICLE V

DOG KENNELS

 

SECTION 1 Any person who owns, keeps or operates a kennel may, in lieu of individual licenses required under this Ordinance and under the laws of the State of Michigan, apply to the Department of Animal Services for a kennel license entitling him to own, keep or operate such kennel in accordance with the applicable laws and the fee for same shall be in accordance with the laws of the state or as established by the rules and regulations of licensing fees by the Board of Commissioners. The Department of Animal Services shall require proof of local municipality approval, if any is required, prior to the issuance of kennel license.

 

SECTION 2

Any person owning a kennel shall, on or before June 1 of the year following such ownership, obtain a kennel license from the Department of Animal Services if the person qualifies under Act 339, Public Acts of 1919, as amended. The fee to be paid for a kennel license shall be set by the Board of Commissioners. A fee of double the original license fee shall be charged for each previously licensed kennel, whose kennel license is applied for after June 1. Every person having a kennel license and a kennel permit shall keep the license and permit posted and exhibited in a conspicuous manner at the kennel. Upon revocation of a kennel permit, no part of the fees paid for the license and kennel permit shall be returned, and such fees shall be forfeited to the County.

 

SECTION 3

Each dog kept in the kennel shall be vaccinated for rabies, and have certificate available for all dogs, as specified in Article IV, Section 2, unless the dog is less than four months old.

 

SECTION 4

Each kennel shall be inspected prior to the issuance of a kennel permit to assure compliance with this Ordinance. A kennel permit may be revoked if a condition exists which will endanger the health of the community or if the kennel is, in the opinion of the Animal Control Officer, not in compliance with this Ordinance.

 

SECTION 5

A kennel facility shall meet the following conditions:

a)   Kennel Facility. A kennel facility shall be constructed as to prevent the public or stray dogs from obtaining entrance and gaining contact with dogs housed in kennel.

b)   Building. The enclosure shall give adequate protection against weather extremes. Floors and walls of building shall be of an impervious material to enable proper cleaning and disinfecting and shall include adequate drainage. The building temperature shall be maintained at a reasonable level and adequate ventilation shall be provided.

Beginning July 1, 2025, for all newly-issued licenses, kennels shall have provided a completely enclosed building within which such dogs shall be confined each day during the time between sunset and eight o’clock in the forenoon of the following day. Such enclosed building shall be constructed or maintained as nearly sound proof as may be through ordinary building construction. Such kennels must also be fenced with a secured perimeter fence serving as a secondary enclosure, at least six feet in height providing at least five feet of distance between all sides of the fence and the primary enclosure or of sufficient height and strength to prevent entry by the public and to prevent the dog's escape from the owner's property if the dog escapes from the primary enclosure.

c)   Cages. Cages shall provide enough space to let each dog stand up, lie down and turnaround without touching the top or sides of the cage. Cages shall be of a material and construction that permits cleaning and sanitizing. Cages, unless heated, shall have either a resting area above the cage floor or some type of bedding.

d)   Runs. Dog runs shall be of concrete or other suitable material. Concrete runs shall have adequate slopes for sanitation. Droppings must not be allowed to build up and must be collected and removed on a regular basis. All runs must be periodically disinfected.

e)   Feeding. All food shall be free of contamination, wholesome, palatable and of sufficient quality and nutritive value to meet the daily requirements determined by the condition and size of the animal.

f)    Water. All animals shall have fresh water available at all times.

 

ARTICLE VI

DANGEROUS DOG CONFINEMENT

A dangerous dog shall be confined at all times. The confinement area shall consist of a habitable, escape-proof dwelling or an escape-proof cage made of at least fourteen (14) gauge wire with at least six (6) feet high sides, a wood or wire roof and a brick or cement floor. The cage door shall be locked with a padlock. However, when such animal is not confined within a habitable dwelling or an escape-proof cage, it shall be muzzled and reined or tethered to its harborer, owner or keeper who shall maintain control over the animal to prevent injury to any person or animal.

 

ARTICLE VII

RABIES CONTROL CONFINEMENT

Any dog that shall bite a person, animal or livestock shall be handled in accordance with the National Association of State Public Health Veterinarians, Inc. (NASPHV, Inc.), Compendium of Animal Rabies Control 2016, as amended. In the event the owner of such animal is unable to or fails to comply with any of the prescribed procedures, the Animal Control Officer shall take possession and custody of such animal and follow the prescribed procedure. The owner of such animal shall bear the costs thereof. Failure of the owner of such animal to keep, maintain and confine or dispose of the animal when and as required by the NASPHV, Inc., Compendium of Rabies Control 2016 or if unwilling or unable to do so, to release custody of said animal to the Animal Control Officer or when so directed deliver said animal to a veterinarian clinic for confinement, shall be in violation of this Ordinance and subject to the penalties set forth in Article XII.

 

ARTICLE VIII

REDEMPTION OF CONFINED ANIMALS

 

SECTION 1

All dogs or other animals found running at large shall be seized by the Animal Control Officer or by other law enforcement officers and impounded at the animal shelter. The Animal Shelter Manager may release an impounded animal upon receipt of payment for the care and treatment of said animal while kept in the animal shelter or dispose of said dog (or other animal) at the expiration of the holding period required herein in a manner approved by the Board of Commissioners. Such regulations regarding the redemption of animals from the animal shelter and boarding and other charges shall be posted in a conspicuous place at the animal shelter.

 

SECTION 2

When animals are found running at large, and their ownership is known to the Animal Control Officer, such animal need not be impounded, but, the Animal Control Officer may cite the owner of such dog to appear in court and answer charges of violation of this Ordinance.

 

SECTION 3

Immediately upon impounding a dog or other animal, the Animal Control Officer shall make every reasonable effort to notify the owner of such dog or other animal so impounded and inform such owner of the conditions whereby custody of such dog or other animal may be regained pursuant to the regulations for the operation of the animal shelter.

 

SECTION 4

An owner may redeem a dog from the animal shelter by executing a sworn statement of ownership, furnishing the animal’s license and tag as required by this Ordinance and state law, and pay the fee(s) established by resolution of the Board of Commissioners. An dog that has not been issued a license and tag as required by this Ordinance and state law may be redeemed by an owner only after the applicable holding period set forth in Section 5, below, and only upon a showing of evidence of ownership deemed sufficient by the Animal Shelter Manager, at his or her sole discretion, to establish ownership of the dog. In such cases, the owner shall also execute a sworn statement of ownership and shall be required to license the dog pursuant to the requirements of this Ordinance prior to redemption. The owner shall pay the fee(s) established by resolution of the Board of Commissioners. Payment of such fee shall be exclusive of any penalty or fine assessed pursuant to Article XII of this Ordinance.

 

SECTION 5

A dog may be adopted after four (4) days if the dog lacks a collar, license, or other evidence of ownership. If the dog possesses a collar, license or other evidence of ownership, it shall be held for a period of not less than seven (7) days from the date of mailing the notice of the dog's impoundment to its owner. The length of impoundment shall be computed by excluding the first day the animal is brought to the Shelter and including the last day of confinement. If the last day is a Saturday, Sunday or recognized holiday, the period shall be extended to the next day which is not a Saturday, Sunday or recognized holiday.

 

SECTION 6

A veterinarian shall be permitted to release to the Department of Animal Services an impounded animal’s medical records pursuant to Mich. Admin. Code R. 338.4921.

 

ARTICLE IX

KILLING AND SEIZING OF DOGS AND OTHER ANIMALS

 

SECTION 1

The Animal Control Officer, as well as any law enforcement officer, may kill any dog or other animal which is observed in the act of pursuing, attacking or about to attack or wounding a dog, any livestock, poultry or person, or is otherwise posing an immediate threat to public safety and cannot be safely captured or restrained, and there shall be no liability on such officer in damages or otherwise, for such killing. A landowner, livestock owner, his/her agents or assistants shall have the authority to protect domestic animals, livestock, poultry or persons from injury caused by any dog or other animal within the borders of the property under the control of said owners, assistants or agents, subject to applicable provisions of state and federal law. Any dog that enters any field or enclosure which is owned by or leased by a person producing livestock or poultry, outside of a city, unaccompanied by its owner, or its owner's agent, shall constitute a trespass, and the owner of the dog shall be liable in damages.

 

SECTION 2

It shall be lawful for any person to receive any dog or other animal running at large in violation of this Ordinance and to turn said dog or other animal over to the Animal Control Officer. An MDARD-licensed animal shelter may retain such animal but must report such possession to the Animal Control Officer within 48 hours after coming into possession of said animal.

 

SECTION 3

Unless authorized and properly trained by the Sheriff, an Animal Control Deputy is not to use or carry any sidearm or pistol. Any authorized rifle or shotgun must be carried in an assigned department vehicle used by the Animal Control Deputy. Said weapons shall not be discharged unless necessary to carry out the purposes set forth in this Ordinance.

 

SECTION 4

For the purposes of this Article, an Animal Control Deputy shall be authorized to utilize overhead emergency lights mounted on their assigned department vehicle. Said emergency lights shall be red and blue in color, as authorized by the Sheriff. In connection herewith, an Animal Control Deputy may utilize a siren, whistle, or similar device, and shall not engage in high speed pursuit of animals or motorists, shall not stop motorists or otherwise prevent motorists from traveling on public streets or highways, and shall not otherwise engage in law enforcement activities without the prior approval of the Sheriff.

 

ARTICLE X

PROHIBITION OF WILD ANIMALS

No wild animal shall be kept permanently or temporarily except in an accredited American Association of Zoologies Parks and Aquariums (AAZPA) facility.

 

ARTICLE XI

ENUMERATION OF CERTAIN VIOLATIONS AND PROCEDURE THEREFORE

 

SECTION 1

The owner of any animal shall be deemed in violation of this Ordinance and subject to the penalties set forth in Article XII if:

a.   The owner's dog, regardless of age, and whether licensed or unlicensed, wearing a collar or not wearing collar, runs at large, provided however, that a dog engaged in hunting need not be leashed when under the reasonable control of its owner.

b.   A person may not leave a dog or other animal unattended outdoors for a period of more than 60 minutes without proper shelter and protection from the weather, including a doghouse that is an enclosed structure with a roof and of appropriate dimensions for the breed and size of the dog. The doghouse shall have dry bedding when the outdoor temperature is or is predicted to drop below freezing.

 

SECTION 2

The owner of any animal shall be deemed in violation of this Ordinance and subject to the penalties set forth in Article XII if:

a.   The owner's dog or other animal at any time, whether licensed or unlicensed, destroys property, real or personal, or trespasses in a damaging way on property of persons other than the owner.

b.   The owner's dog or other animal at any time, whether licensed or unlicensed, attacks or bites a person.

c.    The owner’s dog shows vicious habits and molests passers-by when such persons are lawfully on the public highway or right of way.

 

SECTION 3

A person shall be deemed in violation of this Ordinance and subject to the penalties set forth in Article XII if:

a.   The person hinders, harasses, injures, or interferes with a dog or other animal being used for law enforcement purposes by a law enforcement official.

b.   The person leaves a dog or other animal unattended in a standing or parked motor vehicle in a manner that endangers the animal’s health or safety.

c.    The person removes a collar or tag from any dog or other animal without the permission of its owner, decoys or entices any dog or other animal out of an enclosure or off the property of its owner, or seizes molests, injures, or teases any dog or other animal while held or led by any person or while on the property of its owner.

 

SECTION 4

An owner of livestock or poultry shall be in violation of this Ordinance and subject to the penalties set forth in Article XII and Act 328 of the Public Acts of 1976, being Section 433.11, et seq. of the Michigan Compiled Laws, if the owner's livestock or poultry runs at large upon the premises of another or upon any public street, lane, alley or other public ground in the county unless otherwise specifically allowed.

 

SECTION 5

Subject to the provisions of applicable federal and state laws, no person shall keep any exotic animal or type of animal which the Animal Control Officer may determine to be a hazard to the community. For purposes of this subsection, “exotic animal” means any animal that is native to a foreign country and is not native to any state of the United States.

 

SECTION 6

In the event of any of such violations or of a violation of any other provision of this Ordinance or of the laws of the state, the Animal Control Officer, as well as any law enforcement officer may issue an appearance ticket, citation or summons to the owner of said dog, animal, livestock or poultry, or other person, summoning them to appear before a district court or other appropriate court within the county to answer the charges made in violation of this Ordinance.

 

SECTION 7

In the event of any of such violations or of a violation of any other provision of this Ordinance or of the laws of the state, the Animal Control Officer or other law enforcement officer or any other person may proceed to obtain authorization of the Prosecuting Attorney and make complaint before a district court or other appropriate court within the county and obtain the issuance of a summons or order to show cause why a dog should not be destroyed or confined as provided in Section 26a of the Dog Law of 1919, 1919 PA 339, as amended, being MCL 287.286a. Costs, as such civil cases, shall be taxed against the owner of the dog, and collected by the court.

 

ARTICLE XII

PENALTY / FINES AND COSTS

 

SECTION 1

An person or entity that violates any provision of this ordinance, except as listed in Section 2 of this Article, shall be guilty of a misdemeanor punishable by imprisonment for not more than 90 days in the Berrien County Jail, or by a fine of not more than $500 and costs of prosecution, or both.

 

SECTION 2

An person or entity that violates Article XI, Section I of this ordinance, as a first offense, shall be responsible for a municipal civil infraction and shall be fined not more than $500. An individual or entity that commits a subsequent violation of Article XI, Section I, shall be punished as set forth in Section 1 of this Article.

 

SECTION 3

Notwithstanding the provisions set forth in the Sections 1 and 2 of this Article, any person, firm or corporation which fails to make timely payment of amounts due for applicable licensing fees pursuant to the provisions of this Ordinance and/or other applicable State statutes shall be liable in the nature of a municipal civil infraction punishable by a fine which shall not be less than $100 for an initial infraction and not less than $200 for subsequent infractions within five (5) years, not to exceed $500, and for such costs and fees, as well as any other fines and/or costs as may be ordered by a court of competent jurisdiction.

 

ARTICLE XIII

PRESERVATION OF CERTAIN RIGHTS

 

SECTION 1

Nothing in this Ordinance shall be construed to prevent the owner of a licensed dog from recovery in an action at law from any peace officer or any other person, except as herein provided.

 

SECTION 2

Nothing in this ordinance shall be construed as limiting the common law liability of the owner of the dog or other animal for damages committed by said dog or other animal.

 

ARTICLE XIV

FEES AND EXPENSES

 

SECTION 1

Every township and city treasurer of Berrien County, Michigan, as well as other authorized locations (including veterinary clinics and the Humane Society), shall receive the sum of ONE DOLLAR for each dog license issued for the issuing and recording of same. The remuneration as herein established shall be deemed additional compensation for additional services for each township or city treasurer who receives a salary in lieu of fees, when so designated by the appropriate township board or city council. This fee may be changed from time to time by the Board of Commissioners.

 

SECTION 2

The duties and obligations herein imposed upon the respective designated officials may be delegated to some other appropriate person or persons by each of said officials with like force and effect.

 

SECTION 3

The fees and expenses as established by this Ordinance may be changed from time to time or before November 1 of each year and for subsequent years by action of the Board of Commissioners.

 

ARTICLE XV

RECEIPTS AND DISBURSEMENT OF FUNDS

All fees and monies collected under the provision of this Ordinance shall be transferred to the General Fund of Berrien County, Michigan, in accordance with the standard practices of the Treasurer.

 

ARTICLE XVI

CONSTRUCTION

 

SECTION 1

When not inconsistent with the context, words used in the present tense include the future. Words in the singular include the plural and words in the plural include the singular. Masculine shall include the feminine and neuter. The word "shall" is always mandatory and not merely directive. Words or terms not defined herein shall be interpreted in the manner of their common meaning. Headings shall be deemed for convenience and shall not limit the scope of any article or section of this Ordinance.

 

SECTION 2

The regulations of this code and minimum standards supplemental to the rules and regulations duly enacted by the Michigan Department of Health and Human Services and to the laws of the State of Michigan relating to public health. Where any of the provisions of these regulations and the provisions of any other local or state ordinances or regulations apply, the more restrictive of any or all ordinances or regulation shall prevail.

 

SECTION 3

If any part of this Ordinance shall be held void, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this Ordinance.

 

ARTICLE XVII

SAVINGS CLAUSE

 

Any and all rules, regulations and Ordinances adopted by the County of Berrien prior to the effective date of this Ordinance shall continue in full force and effect except to the extent they conflict with the Ordinance or have been superseded or amended by the provisions of this Ordinance.

 

ARTICLE XVIII

REPEAL

 

The provisions of this Ordinance amend and supersede the provisions of the Animal Control Ordinance that was adopted by the Berrien County Board of Commissioners on February 15, 1996. All Ordinance or parts of ordinances inconsistent herewith are hereby repealed.

 

ARTICLE XIX

EFFECTIVE DATE

The provisions of this Ordinance shall take effect thirty (30) days after notice of its adoption has been published in a newspaper of general circulation in Berrien County.

 

ADOPTED: February 15, 1996

AMENDED: May 22, 2025

 

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