LAW ENFORCEMENT ORDINANCE
of Berrien, Michigan
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.
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:
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.
ANIMAL CONTROL OFFICER
DUTIES, AUTHORITY AND RESPONSIBILITIES
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).
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.
The Animal Control Officer shall fulfill the following
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.
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.
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
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).
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.
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.
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.
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
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.
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.
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.
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
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.
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.
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.
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.
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
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
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.
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.
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.
No dog shall be exempt from the rabies
vaccination requirements as herein set forth.
The fee for licenses shall be established
by the Board of Commissioners.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
REDEMPTION OF CONFINED ANIMALS
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.
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.
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.
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
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.
KILLING AND SEIZING OF DOGS AND OTHER ANIMALS
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.
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.
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.
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.
training will be in accordance with the requirement established in Article III,
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.
ENUMERATION OF CERTAIN VIOLATIONS AND PROCEDURE
owner of any dog shall be deemed in violation of this Ordinance and subject to
the penalties set forth in Article X if:
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.
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
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.
The owner’s dog or other animal at any
time, whether licensed or unlicensed, attacks or bites a person.
The owner’s dog shows vicious habits and
molests passers-by when such persons are lawfully on the public highway or
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.
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.
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.
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.
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.
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.
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.
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
PRESERVATION OF CERTAIN RIGHTS
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.
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
TREASURER’S RECORDS AND DUTIES
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.
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
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.
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
FEES AND EXPENSES
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.
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.
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.
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.
fees and monies as herein provided for, shall be paid in accordance with
Article XIV of this Ordinance.
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
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.
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.
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
All Ordinance or parts of ordinances
inconsistent herewith are hereby repealed.
ADOPTED: February 15, 1996