VILLAGE OF ORTONVILLE
ORDINANCE NO. 68 An ordinance to regulate dangerous animals and to proscribe penalties for violations thereof.
THE VILLAGE COUNCIL HEREBY ORDAINS:
Section 1. Adoption of Dangerous Animals Ordinance.
The Village Council hereby amends Chapter 90 of Title IX of the Code of Ordinances to adopt new subsections regulating dangerous animals, to read as follows:
Dangerous Animals
90.50 Definitions
(1) ‘Dangerous Animal? shall mean any of the following:
(a) Any mammal, amphibian, fish, reptile, or fowl of a species which due to size, vicious nature or other characteristics would constitute a danger to human life or physical well-being or to animals.
(b) Any animal having a known disposition or propensity to attack, bite, or injure any person or animal without provocation. Where the official records of the Oakland County Animal Control Department, Brandon Township Clerk, Village of Ortonville Clerk, or Oakland County Sheriff’s Office indicate that an animal has bitten or attacked any person or animal, it shall be prima facie evidence that said animal is a dangerous animal.
(c) Any animal owned or kept primarily or in part for the purpose of fighting, or any animal trained or bred for fighting.
(d) Any animal which is urged by its owner or keeper to attack, or whose owner or keeper threatens to cause such animal to attack, any law enforcement officer while such officer is engaged in the performance of official duty and when such animal has the apparent ability to cause injury or harm to such officer.
(e) A dog or other animal that bites or attacks a person, or a dog that bites or attacks and causes serious injury or death to another dog or animal, while the other dog or animal is on the property or under the control of its owner. However, a dangerous animal does not include any of the following under this sub-paragraph:
(I) An animal that bites or attacks a person who is knowingly trespassing on the property of the animal’s owner;
(ii) An animal that bites or attacks a person who provokes or torments the animal;
(iii) An animal that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person if that person is engaged in a lawful activity or is the subject of an assault.
(2) ‘Person? includes any natural person, association, partnership, organization, company or corporation.
(3) ‘Own? or ‘Keep? means to own, keep, harbor, control, manage, possess, maintain, or have charge or custody of or provide care for.
(4) ‘Owner? or ‘Keeper? means any person who owns or keeps a dangerous animal.
(5) ‘Provoke? means to perform a willful act or omission that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack by an ordinary dog or animal.
(6) ‘Serious Injury? means permanent, serious disfigurement, serious impairment of health, or serious impairment of bodily function of a person.
90.51 Regulations
(1) No person shall permit a dangerous animal to go outside its kennel, pen or fence unless such animal is held securely by a leash of adequate strength to restrain the animal by designated policing authority.
(2) No person shall permit an animal that has a registered bite/attack record through the Oakland County Animal Control Department to go outside its kennel or pen unless such animal is securely muzzled by a muzzling device sufficient to prevent such animal from biting a person or other animals.
(3) All dangerous animals shall be securely confined indoors, or if outdoors, in a securely enclosed pen, kennel, or fence, which pen, kennel or fence shall be no shorter than six (6) feet in height, when not leashed as above provided. All structures erected to house dangerous animals must comply with all zoning and building regulations of the Village. All such structures must be adequately ventilated and kept clean and in a sanitary condition. No dangerous animal may be kept on a porch, patio, or any part of a house or structure or in any manner that would allow the animal to exit such building on its own volition.
(4) All owners or keepers of dangerous animals that have a registered bite/attack record through the Oakland County Animal Control Department shall within thirty (30) days of the effective date of this ordinance display in a prominent place on their premises a sign easily readable by the public using the words ‘Beware of Dog.? In addition, a similar sign shall be posted on the kennel, pen or fence of such animal.
90.52 Violations; Penalties and Enforcement
(1) A violation of this section shall constitute a misdemeanor punishable by a fine of not more than $500.00, confinement for not more than 90 days in jail, or both.
(2) In addition to the sanctions identified herein, a person who violates this ordinance is also subject to the penalties and process specified in Act 426 of 1988, being MCL 287.321 et seq., as amended.
Section 2. Effective Date.
This Ordinance shall take effect 30 days after publication.
At a regular meeting of the Village Council held August 24, 2009,
Trustee Green moved for adoption of this ordinance and Trustee Nivelt supported that motion.
Voting for: Trustee Green, Trustee Nivelt, Trustee Kassuba, Trustee Batten, Trustee Champion, Trustee Eschmann
Voting against: President Quisenberry
The President declared the ordinance adopted.
Kenneth Quisenberry
Village President
CERTIFICATION
The foregoing is a true copy of Ordinance No. 68 which was enacted by the Village Council at a regular meeting held on August 24, 2009.
Village Clerk
Publish in The Citizen 9-5-09 Heidi Barckholtz
