6-3. Same — Prohibited acts; conditions., Chapter 6. Animals, Code of Ordinances, Code of Ordinances, Park

(a)

Prohibited acts. It shall be unlawful for any owner to keep, harbor or have charge of, any animal, whether licensed or unlicensed, when any one or more the following facts exist:

(1)

The animal has an ugly or vicious disposition, shows vicious habits and has molested any person or animal lawfully in or upon any public street or place. For purposes of this section, an animal who has bitten or attacked another person shall be rebuttably presumed to be vicious;

(2)

Such animal has attacked or bitten any person or animal, or has destroyed any property or domestic animal;

(3)

The animal, by destruction of property or trespassing upon the property of others, has become a nuisance in the vicinity where kept;

(4)

No person shall permit any dog, when under that individual's control or when on that individual's premises or on premises under his control, to become a nuisance to others by loud barking, howling, or yelping, provided that any complaint on this fact shall be made by not less than two persons from two separate households; or

(5)

The animal appears to be suffering from rabies or affected by hydrophobia, mange or other infectious or dangerous disease.

(b)

Running at large. No person shall cause or permit any dog kept by him to run at large within the Township. Dogs which are on any street, alley or sidewalk, or any other public place, without being held securely on a leash, shall be deemed to be running at large. It shall be unlawful to permit any dog to run at large on the property of another without the permission of the owner of that property.

(c)

Unwanted animals. No owner may abandon an animal. Unwanted animals shall be offered to responsible persons for adoption or to an animal shelter. If an unwanted animal is not accepted by an animal shelter, the animal shall be humanely dispatched by a licensed veterinarian.

(d)

Keeping of wild animals. No person shall keep or permit to be kept on his premises any wild animal as a pet or for display or exhibition purposes unless he has obtained a permit from the state authorizing such activity. This subsection shall not apply to performing animal exhibitions or circuses. An animal control officer shall have the power to release or order the release of any wild animal capable of surviving in the wild and/or turn such animal over to any agency authorized by the state to house wildlife.

(e)

Keeping dangerous animals.

(1)

No person shall permit any dangerous animal to be on any private or public property, other than the owner's property, unless such animal is securely muzzled or caged. Adequate safeguards shall be taken to prevent unauthorized access to a dangerous animal on the owner's premises by persons unlawfully on the premises.

(2)

Whenever an animal control officer determines upon personal observation or investigation that an animal is a dangerous animal as defined in this chapter, the officer shall notify the owner of the animal in writing of the determination, the reasons for the determination, and the requirements of this section regulating the keeping of dangerous animals.

(3)

Any dangerous animal running at large which constitutes a danger to persons or property and which cannot safely be taken or impounded may be destroyed by an animal control officer; provided, however that in all cases where the animal has seized or bitten any person or animal with its teeth or jaws so as to cause a puncture or abrasion of the skin, or where the animal is suspected to be rabid, no injury should be done to the head of the animal and it is the duty of the person slaying said animal to immediately deliver the carcass to an animal control officer or a licensed veterinarian.

(f)

Diseased animals. It shall be unlawful for an owner to permit a domestic animal afflicted with a contagious disease to run at large or to be exposed in any public place whereby the health of any other animal or man may be affected.

(g)

Order to show cause why animal should not be destroyed. The animal control officer may issue a citation for a violation of this section or a complaint may be filed in the Ottawa County district court and such district court shall thereupon issue a summons to the owner of such animal to show cause why the animal should not be killed or otherwise disposed of as ordered by the court. Upon hearing, the district court judge upon finding that one or more of the facts as set forth in this section exists, shall order such animal to be killed or otherwise disposed of as ordered by the court. All costs incurred for the disposition of the animal shall be paid by the owner. Such action shall be in addition to any penalty imposed pursuant to Section 1-12.

(h)

Animals are prohibited on any unimproved public right-of-way that ends at Lake Michigan. For purposes of this subsection, "unimproved right-of-way" shall have the meaning as set forth in § 28-85 of this Code of Ordinances.

[Added 5-14-2015 by Ord. No. 2015-1]

Editor's Note: Section 3 of this ordinance sets forth the penalties for violations of this subsection. A complete copy of the ordinance is on file in the Township offices.