ADOPTED - JULY 27, 1999

Agenda Item No. 42



Introduced by the Law & Courts Committee of the:





INGHAM COUNTY BOARD OF COMMISSIONERS



RESOLUTION AMENDING THE ANIMAL CONTROL ORDINANCE



RESOLUTION #99-185



WHEREAS, the dog licensing and vaccination requirements of the State of Michigan set forth in Act 339 of the Public Acts of 1919, being sections 287.261 - 287.293 of the Complied Laws of 1948, (MSA Sections 12.511 - 12.543), have been amended by Act 390 of the Public Acts of 1998; and



WHEREAS, the changes made by Act 390 of the Public Acts of 1998 to the dog licensing and vaccination requirements make it necessary to amend the dog licensing and vaccination requirements contained in the Ingham County Animal Control Ordinance adopted on September 18, 1972 to make such ordinance requirements consistent with state law.



THEREFORE, BE IT RESOLVED, that Article IV Licensing and Vaccination, of the Ingham County Animal Control Ordinance be, and hereby is, amended to read as follows:



Section 1. It shall be unlawful for any person to own any dog four (4) months old or over, unless the dog is licensed as hereinafter provided, or to own any dog four (4) months old or over that does not at all times wear a collar with a tag approved by the Director of the Michigan Department of Agriculture, 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 in 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 in leash.



Section 2. The owner of any dog four (4) months old or over, shall annually apply to the county, township or city treasurer or his authorized agent, where the owner resides, for a license by the last day of the anniversary month of the dog's current rabies vaccination. Such application shall be in writing and state the breed, sex, age, color, and markings of the dog, and the name and address of the last previous owner. The application for a license shall be accompanied by a valid certificate of a current vaccination for rabies, with a vaccine licensed by the United States Department of Agriculture, signed by an accredited veterinarian. The certificate for vaccination for rabies shall state the month and year of expiration for the rabies vaccination, in a veterinarian's opinion. A license shall not be issued if the dog's current rabies vaccination will expire more than one (1) month before the date on which that license would expire.



Section 3. No dog shall be exempt from the rabies vaccination requirements as herein set forth.



Section 4.

(a) The fee for licenses acquired on or before the last day of the anniversary month of a dog's current rabies vaccination for male or female dogs four (4) months of age or over that are not surgically sterilized shall be $15.00. The fee for licenses acquired during said period for surgically sterilized male or female dogs four (4) months of age or over shall be $7.00.



(b) For dogs reaching the age of four (4) months, the owner thereof shall obtain a license within thirty (30) days of the date in which a dog reaches four (4) 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 a deaf or audibly impaired person, or a service dog for a physically limited person is not subject to any fee for licensing, as provided in M.C.L. 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 $30.00.



(e) The dog license fees as herein established may be changed from time to time on or before November 1 of 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 Ingham County until either its current license expires or the last day of the anniversary month of the dog's current rabies vaccination, whichever occurs first.



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 to 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 $.50 (fifty cents), 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 Treasurer for a kennel license entitling him to own, keep or operate such kennel in accordance with the applicable laws of the state and the fee for same shall be in accordance with the laws of the state or as established by the rules and regulation for licensing fees by the Board of Commissioners.



Section 8. Any person holding a kennel license shall, on or before June 1 of the year following such ownership, obtain a kennel license from the County Treasurer if the person qualifies under Act 339, Public Acts of 1919, as amended. The fee to be paid for a kennel license shall be $10.00 for ten (10) dogs or less, and $25.00 for more than ten (10) dogs. 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. In addition to the kennel license fee an inspection fee shall be charged for every inspection of a kennel at a rate of $20.00 for ten (10) or less dogs and $25.00 for more than ten (10) dogs. Failure to obtain such kennel license shall be punished as set forth in Article X, of this Ordinance.



BE IT FURTHER RESOLVED, that dogs for which a 1999 license has been issued shall be deemed to have their 1999 license extended until the date in which their owners are required to acquire a license in the year 2000.



BE IT FURTHER RESOLVED, that the remainder of the Ingham County Animal Control Ordinance and the fees of the Ingham County Animal Control Department, as amended, shall remain unchanged.



BE IT FURTHER RESOLVED, that the County Clerk is hereby directed to take all required action to have this Ordinance Amendment published, as required by state statute.



BE IT FURTHER RESOLVED, that this Ordinance Amendment shall become effective on the 1st day of January, 2000.

LAW & COURTS: Yeas Grebner, Smiley, Stid, Bernero, Schmidt

Nays: None Absent: Schafer, Juall Approved 7/15/99