Wildlife
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
Animal Control Law in our Community
Why Was Your Pet ImpoundedFOIA Requests
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.
Purchase or Renew a License
FIRST TIME USERS
To obtain your Setup Code:
1.
Click Login and select Create
Account.
2.
Follow the prompts.
If you have questions, contact our office
at 269-927-5648.
(There is a $ 4.00 service fee for online purchases)
RETURNING USERS
Select Login to use your email address and password to log into your
existing account.
Once you have successfully completed the
online license purchase or renewal, approved applicants will receive their
license tag and paperwork in the mail.
LICENSING FEES |
||
Berrien County Only |
1 Year |
3 Years |
Unaltered Dog |
$27 |
$72 |
Altered Dog |
$12 |
$27 |
Certified service
dog (documentation required) |
Free |
- |
Replacement of Lost
Tag |
$5.00 |
- |
Add $20 to fee for delinquent licenses. Delinquency
occurs when the license is not acquired within 30 days of the rabies vaccine.
Dog Licensing
Information
Changes to
Berrien County Dog Licenses
Effective December 1, 2022
Michigan Law
requires all dogs 4 months and older to be licensed. Also, all newly acquired
dogs must be licensed within 30 days. You must be a resident of Berrien County
to purchase a dog license in Berrien County.
In 2023 licensing will change from
a calendar year renewal to a renewal date based on your pet’s rabies
vaccination date. In the case of three year licenses, they will come due
at the same time that the 3 year rabies vaccination will be due.
For example, if a dog received a 1-year vaccination
in May of 2022, the current 1-year 2022 dog license will not expire until May
31, 2023. If the dog has a
current 3-year license that was issued for 2021 or 2022 the license will be due
when the corresponding vaccination is due. If a dog receives a 3-year rabies vaccine and the
dog owner chooses to purchase a 1-year dog license, the license will be due
each year on the anniversary of the vaccine.
The dog license will be deemed delinquent and
subject to $20.00 delinquent fee 30 days after vaccination/anniversary date.
Dog owner’s needing to renew their dog’s license will receive a
pre-printed application by mail thirty days before the next rabies vaccination
month. Pre-printed applications are NOT required to purchase a license. Failure
to receive the renewal notice does not waive the delinquent fee.
In order to qualify for a fee-free service dog license, your dog must
perform specific work or tasks for you according to the Americans with
Disabilities Act, 42, USC 12101 et seq. Therapy dogs or emotional support dogs
do not qualify as a service dog. Service dogs can only be licensed for 1 year
at a time without a fee. If you are denied your request, you will be required
to pay the regular license fees.
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.
I Found a Lost Pet. What Should I Do?
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.
Adoption Information
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.
Adoption Fees
Payment methods are cash, check or credit. Follow us on Facebook for the
latest reduced fee adoption specials.
Dog:
$85
Cat: $30
Adoption Policy
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.
Adoptable Animals
·
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.
Unadoptable Animals
·
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
Baroda Berrien Veterinary
Services 9719
Hills Rd Baroda,
MI 49101 269-422-1176 Benton Harbor Nickerson Animal
Health Center 921
Nickerson Ave Benton
Harbor, MI 49022 269-925-8835 Berrien Springs Two by Two Animal
Hospital 7657
M-139 Berrien
Springs, MI 49103 269-471-7042 Bridgman Ani-Med Animal
Health Center 9781
Red Arrow Highway Birdgman,
MI 49103 269-465-5985 Coloma Arrow Pet Clinic 6920
E. Red Arrow Hwy Coloma,
MI 49038 269-468-6017 Wil-O-Paw 4809
Paw Paw Lake Road Coloma,
MI 49038 269-468-7297 Dowagiac Dowagiac
Animal Hospital 54791 N. M-51 Dowagiac, MI 49047 269-782-8691 Hartford Hartford
Animal Hospital 62365 E. Red Arrow Hwy Hartford, MI 49057 269-621-4419 |
New Buffalo New
Buffalo Animal Hospital 600 W. Buffalo St New Buffalo, MI 49117 269-469-5400 Niles River
Valley Equine Clinic 315 Bell Road Niles, MI 49120 269-684-4269 Town
& County Veterinary Clinic 3127 N. 5th St Niles, MI 49117 269-684-2840 St. Joseph St.
Joseph Animal Wellness 2610 N. Trail Lane St. Joseph, MI 49085 269-429-6966 Sunset
Coast Veterinary Clinic 4091 M-139 St. Joseph, MI 49085 269-408-0468 Stevensville Freeway
Veterinary Clinic 5200 Red Arrow Hwy Stevensville, MI 49127 269-429-4091 Lakeshore
Animal Health Care 1621 W. John Beers Rd Stevensville, MI 49127 269-429-3007 Three Oaks Dr.
J. Lee White, DVM 11 Butternut St 269-756-3951 |
Low Cost Spay/Neuter ABC 4525 S/ Burnett Dr South Bend, IN 46614 574-291-7729 Spay Neuter Express (travels
to St. Joe and Benton Harbor) 11610 Fulton St E Lowell, MI 49331 (616) 897-8865 Kalamazoo Humane Society 4239 S Westnedge Ave Kalamazoo, MI 49008 (269) 345-1181 |
|
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.
NEEDED MATERIALS |
|
Adult Cat & Dog
Food |
Kitty Litter |
Bleach |
Laundry Soap |
Brooms & Mops |
Litter Pans |
Dish Soap |
Pet Bowls |
Kitten & Puppy
Food |
Paper Towels |
Hay & Grain |
Pet Carriers |
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.
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
Dog
Law Enforcement Ordinance
County of
Berrien, Michigan
AN ORDINANCE
RELATING TO AND PROVIDING FOR ANIMAL CONTROL WITHIN THE BOUNDARIES OF BERRIEN
COUNTY; PURPOSE OF ORDINANCE: DEFINITIONS: COUNTY ANIMAL CONTROL OFFICER, HIS
DUTIES, AUTHORITY, RESPONSIBILITIES AND REMOVAL FROM OFFICE; LICENSING AND
VACCINATION OF DOGS; CONFINEMENT OF DOGS (AND OTHER ANIMALS) UNDER CERTAIN
CIRCUMSTANCES, COUNTY ANIMAL SHELTER AND IMPOUNDMENT OF DOGS (AND OTHER
ANIMALS) AND REDEMPTION OF DOGS (AND OTHER ANIMALS) IMPOUNDED; KILLING AND
SEIZING OF DOGS (AND OTHER ANIMALS); USE OF FIREARMS UNDER CERTAIN
CIRCUMSTANCES, PROHIBITION OF WILD ANIMALS, ENUMERATION OF CERTAIN VIOLATIONS
AND PROCEDURE THEREFORE; PENALTIES; PRESERVATION OF CERTAIN RIGHTS; COUNTY
TREASURER’S DUTIES AND RECORDS; FEES AND EXPENSES; RECEIPTS AND DISBURSEMENTS
OF FUNDS; CONSTRUCTION; REPEAL.
ARTICLE 1
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 – 287.293 of the
Compiled Laws of 1948, (MSA Sections 12.511 – 12.543), and to create the
position of Animal Control Officer and define his 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, the word “Animal” as used in this
Ordinance 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
Act 191 of the Public Acts of 1929, as amended, being Section 317.71 to 317.85
of the Compiled Laws of 1948 (MSA Sections 13.1271 – 13.1285).
(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 it is 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 any person employed by the county for
the purpose of enforcing this Ordinance or state statutes pertaining to dogs or
other animals as well as persons employed by the county to act in the Animal
Control Division.
(f) “OWNER” The term owner and “persons owning premises” shall mean 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.
(g) “PERSON” The word “person” shall include state and local officers or
employees, individuals, corporations, co-partnerships and associations.
(h) “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.
(i)
“RABIES-SUSPECT
ANIMAL” the
term “rabies-suspect animal” shall mean any animal which has been determined by
the Michigan Department of Public Health 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.
(j)
“POUNDMASTER” CHIEF, ANIMAL
CONTROL SERVICES: DOG WARDEN: DOG CATCHER. The terms “Poundmaster”, “Chief”,
“Animal Control Services”, “Dog Warden” or “Dog Catcher” are synonymous with
“Animal Control Officer”, “Director, Animal Control Department” and shall
include the deputies of such person.
(k)“DAY” shall mean
working days.
(l) “BOARD OF COMMISSIONERS” shall mean the
Berrien County Board of Commissioners. “TREASURER”
shall mean the Berrien County Treasurer.
(m) “NON-AGRICULTURAL AREA” shall mean any
area zoned by a city, village, township or other governmental body, agency or
commission as other than for agricultural purposes.
(n) “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
DUTIES, AUTHORITY AND RESPONSIBILITIES
SECTION 1
An Animal Control
Officer shall be appointed by the Board of Commissioners and shall serve as
Director of the Animal Control Department.
Said person shall be supervised by the County Coordinator 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 his assistants, except census takers, 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 promptly seize, take up and place
in the animal shelter all dogs 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 be a peace officer for the
purposes of this Ordinance and shall be legally authorized and it shall be his
duty to issue appearance tickets, citations or summonses to those persons
owing, keeping or harboring animals contrary to the provisions of this
Ordinance.
(c)
It shall be the duty of the Animal Control Officer to destroy in a
humane manner, all impounded dogs (or other animals) lacking a collar, license
or other evidence of ownership after being impounded for five (5) working days,
or if the animal has a collar, license or evidence of ownership, seven (7)
working 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 Control Officer may release said dog, or other animal, to
any person who will undertake to remove said animal from the county or keep
said animal within the county in accordance with the provision of this
Ordinance and the statutes of the state, including compliance with licensing
and vaccination requirements, upon payment of the proper charge 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.
The bodies of all animals destroyed at the animal shelter or elsewhere
in the county shall be disposed of by the Animal Control Officer 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 Control Officer, as provided herein.
(d)
The Animal Control Officer shall promptly investigate all dog
(animal) bite cases 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 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 XI of this
Ordinance. The Animal Control Officer
shall also be obliged to seize and impound any rabies-suspect dog (animal).
(e)
The Animal Control Officer shall assume the duty (provided in
Section 316 of Act 339 of the Public Acts of 1919, being Section 287.276 of the
Compiled Laws of 1948, (MSA Section 12.526), 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.
(f)
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 for the purpose of determining the
harboring, keeping or possessing of any dog or dogs for the specific purpose of
determining if the owners of said dogs have complied with the appropriate
provisions of this Ordinance and to apprehend and take with him any dogs for
whom no license has been procured in accordance with this Ordinance or for any
other violation hereof. The provisions
of this subsection shall specifically include, but not be limited to,
investigation of or seizure for cruelty to animals.
(g)
The Animal Control Officer shall have the right and obligation to
inspect any kennel, a license for which has been issued by the Treasurer
pursuant to this Ordinance and the statues of the state, and shall have the
duty to suspend said license if, in their opinion, conditions exist which are
unhealthy or inhumane to the animals kept therein pending correction of such
conditions, and further shall 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.
(h)
The Animal Control Officer shall have the right and obligation to
investigate complaints of dogs alleged to be dangerous to persons or property
and shall have the right to seize, take up and impound such animals.
(i)
The Animal Control Officer shall have the right and obligation to
investigate complaints of cruelty to dogs or other animals, and shall have the
right to seize, take up and impound any dog or other animal, livestock or
poultry which has been subject to such cruelty.
(j)
The County Treasurer and/or the Animal Control Department shall be
responsible for the sale of licenses and the keeping of appropriate records and
books of account and respect thereto.
(k)
The Animal Control Officer shall have such other duties relating
to the enforcement of this Ordinance as the Board of Commissioners may from
time to time provide.
SECTION 4
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 5
The Animal
Control Officer 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 6
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 7
The Animal
Control Officer 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
Board of Commissioners.
SECTION 8
The Animal
Control Officer is further authorized and shall at all times carry a book of receipts
properly numbered in sequence for accounting purposes, for the issuing of dog
licenses as provided in this Ordinance and shall issue such dog licenses in
accordance herewith.
SECTION 9
All fees and
monies collected by the Animal Control Officer 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 10
It shall be the
further duty of the Animal Control Officer to wear uniforms and carry such
other equipment as shall be prescribed, from time to time, by the Board of
Commissioners. Said uniforms shall be
distinct from uniforms worn by area law enforcement personnel, however, said
uniforms may be similar to those worn by conservation officers or park
rangers. The Animal Control Officer
shall also be required to wear a safety vest made of Kevlar or some other
suitable material prescribed by the Board of Commissioners, and shall also
utilize a distinctive badge, insignia, and related materials, as prescribed by
the Board of Commissioners.
SECTION 11
It shall be the
duty of the Animal Control Officer to secure training pursuant to procedures
established by the Board of Commissioners.
Training shall include but not be limited to firearm safety, humane
treatment of animals and investigative procedures. Under no circumstances shall an Animal
Control Officer discharge a weapon from a moving vehicle. The Animal Control Officer shall fire a
discharge report on each occasion involving discharge of a weapon by said
officer. The discharge report shall be in conformity with the procedures
established by the Berrien County Sheriff’s Department, 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 six (6) months old or over unless the
dog is licensed as hereinafter provided, or to own any dog six (6) 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, attached, as hereinafter
provided, except when engaged in lawful hunting accompanied by its owner; or
for any owner of any female dog to permit the female dog to go beyond the
premises of such owner when she is in heat, unless the female dog is held
properly on a leash, 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, 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
Before March 1 of
each year, the owner of any dog six (6) months old or over, except as provided
in Section 3 of the 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.
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 six (6) months after March 1, shall have
thirty (30) days in which to obtain a license.
SECTION 3
No dog shall be
exempt from the rabies vaccination requirements as herein set forth.
SECTION 4
(a) The fee for licenses shall be
established by the Board of Commissioners.
(b) For dogs reaching the age of six (6) months
after March 1, the owner thereof shall obtain a license within (10) ten days of
the date in which the dog reaches six (6) months of age at the rate set forth
in Article IV, Section 4(a).
(c) 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.
(d) The license fee for any dog for which a license has not been
obtained in accordance with Article IV, Section 4(a) and (b) shall be
considered delinquent and the fee for acquiring a license for such dogs shall
be set by the Board of Commissioners.
(e) The dog license fees as herein
established may be changed from time to time on or before November 1of each
year and for subsequent years by the rules and regulations pertaining to same
as established by the Board of Commissioners.
(f) 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 Treasurer 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 Treasurer, 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 $2.00 (two dollars), or as
otherwise determined by rules and regulations of the Board of Commissioners.
SECTION 7
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
Animal Control Department 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.
SECTION 8
Any person owning
a kennel shall, on or before June 1 of the year following such ownership,
obtain a kennel license from the Animal Control Department 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.
ARTICLE V
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 1989, 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 1989 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 X.
ARTICLE VI
REDEMPTION OF CONFINED ANIMALS
SECTION 1
All dogs found
running at large shall be seized by the Animal Control Officer or by other law
enforcement officers, and impounded at the animal shelter for a period of five
(5) working 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) working
days from the date of mailing the notice of the dog’s impoundment to its
owner. After the required holding period
has elapsed the dog may be killed, sold or otherwise disposed of if not claimed
by the owner, in a manner authorized by this Ordinance.
SECTION 2
When dogs are
found running at large, and their ownership is known to the Animal Control
Officer, such dog need not be impounded, but, the Animal Control Officer may,
in his discretion, 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 a license and tag as required by this Ordinance and state
law, and pay the fee(s) established by resolution by the Board of
Commissioners.
SECTION 5
A dog may be
adopted after five (5) working 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) working days from the date of mailing
the notice of the dog’s impoundment to its owner.
ARTICLE VII
KILLING AND SEIZING OF DOGS AND OTHER
ANIMALS
SECTION 1
The Animal
Control 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, 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.
SECTION 3
Unless authorized
by the Board of Commissioners, the Animal Control Officer is not to use or
carry sidearms or pistols. Any
authorized rifle or shotgun must be carried in the truck or other vehicle used
by the Animal Control Officer. Said
weapons shall not be discharged unless necessary to carry out the purposes set
forth in this Article.
SECTION 4
For purposes of
this Article, the Animal Control Officer shall be authorized to utilize outboard
emergency lights mounted on his truck or other vehicle. Said lights shall be amber in color, unless
another color is designated by the Board of Commissioners. In connection herewith, the Animal Control
Officer shall not utilize a siren, whistle, or similar device, 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
permission of the Berrien County Sheriff and the Board of Commissioners.
SECTION 5
Weapons training
will be in accordance with the requirement established in Article III, Section
11.
ARTICLE VIII
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 IX
ENUMERATION OF CERTAIN VIOLATIONS AND
PROCEDURE THEREFORE
SECTION 1
The owner of any
dog shall be deemed in violation of this Ordinance and subject to the penalties
set forth in Article X 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) The owner’s dog,
regardless of age, and whether licensed or unlicensed, wearing a collar or not
wearing a collar, except a leader dog for a blind person, hearing dog for a
deaf or audibly impaired person, or a service dog for a physically limited
person which is accompanied by its owner, to be within the confines of any
public park when such park, by appropriate designation at its entrance,
prohibits dogs or other animals.
(c) The owner’s dog 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.
(d) The owner’s dog
or other animal at any time, whether licensed or unlicensed, attacks or bites a
person.
(e) The owner’s dog
shows vicious habits and molests passers-by when such persons are lawfully on
the public highway or right-of-way.
(f) No person shall hinder, harass, injure, or interfere
with a dog or other animal being used for law enforcement purposes by a law
enforcement official.
SECTION 2
An owner of
livestock or poultry shall be in violation of this Ordinance and subject to the
penalties set forth in Article XI and Act 328 of the Public Acts of 1976, being
Section 433.11, et seq of the Compiled Laws of 1948 (MSA 18.789(1), et seq) 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 3
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.
SECTION 4
A person shall be
in violation of this Ordinance and subject to the penalties set forth in
Article X if he/she removes a collar or tag from any dog or other animal
without the permission of its owner, or 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 5
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. The said Animal Control
Officer or law enforcement officer may sign a complaint before said court for
violation of the provisions of this
Ordinance, proceed to obtain the issuance of a warrant and make arrest of the
person to whom said violation is charged and bring them before the court to
answer the charges. In the event a
warrant is issued, the arrest of the person against whom said violation is
charged shall be made by a law enforcement officer, who may be accompanied by
an Animal Control Officer. The Court may in such case, in its discretion, upon
a finding of guilt, assess the penalties in accordance with the penalty
provision of this Ordinance.
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 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
similar to that provided in Act 339 of the Public Acts of 1919, being Section
287.280 of the Compiled Laws of 1948, (MSA Section 12.530), as amended, to show
cause why such dog, animal, livestock or poultry should not be killed. Upon such hearing, the judge may either order
the dog, animal, livestock or poultry killed, may order such dog, animal
livestock or poultry to be sold or otherwise disposed of, or may order the dog,
animal, livestock or poultry confined to the premises of the owner, or may make
such other order regarding the dog, animal, livestock or poultry as it deems
proper and necessary under the circumstances, in addition to any of the
penalties enumerated herein. The section shall in no way affect the provisions
of Article III, Section 3 (c) of the Ordinance.
SECTION 7
Costs, as in
civil cases, shall be taxed against the owner of the dog and collected by the
court from the person complained against upon a finding of guilt or
liability. The provisions of this
paragraph shall be in the alternative to the provisions for violations and
forth, hereinabove, and the officer may, in his discretion, proceed under
either section hereof, as warranted by facts and circumstances.
ARTICLE X
PENALTY / FINES AND COSTS
Violation of any
of the provisions of this Ordinance shall be punishable by a fine of not more than
Five Hundred Dollars ($500) and costs of prosecution or by imprisonment in the
County jail for a period not to exceed ninety (90) days, or by both such fine,
costs and imprisonment as may be determined by a court of competent
jurisdiction.
Notwithstanding
the provisions set forth in the preceding paragraph, 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 civil infraction
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 XI
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 XII
TREASURER’S RECORDS AND DUTIES
SECTION 1
On June 15th
of each year, the Treasurer shall make a comparison of his/her records of the
dogs actually licensed in each city or township of the county with a report of
the supervisors of said townships or assessors of said cities or the Animal
Control Officer, to determine and locate all unlicensed dogs.
SECTION 2
On or after June
15th of each year, every unlicensed dog, subject to license under
the provisions of this Ordinance or the statues of the State, is hereby
declared to be a public nuisance and the Treasurer shall immediately thereafter
list all such unlicensed dogs, as shown by the returns in his/her office of
township supervisor, city assessors, Animal Control Officer 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 12.527), as
amended.
SECTION 3
The Treasurer and
Animal Control Department 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. He shall also keep
accurate record of all license fees collected by him or paid over to him by any
city or township treasurer and the Animal Control Department.
SECTION 4
In all
prosecutions for violation of this Ordinance, the records of the Animal Control
Department and the Treasurer’s Office, 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.
ARTICLE XIII
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 FIFTY CENTS 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
It shall be the
duty of the County Treasurer annually to make a census of the number of dogs
owned by all persons in Berrien County, Michigan, in accordance with state
law. The County Treasurer is hereby
empowered to employ whatever personnel he reasonably believes necessary to
conduct this census; such personnel shall receive for their services in listing
such dogs such sum as shall be set from time to time by the Board of
Commissioners. These activities may be
delegated to the Animal Control Department.
SECTION 3
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 4
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.
SECTION 5
All fees and
monies as herein provided for, shall be paid in accordance with Article XIV of
this Ordinance.
ARTICLE XIV
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 XV
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 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 XVI
REPEAL
All Ordinance or parts of ordinances
inconsistent herewith are hereby repealed.
ADOPTED: February 15, 1996
AMENDED: July 15, 2004