ARTICLE I. IN GENERAL
18-1 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal means any and all types of animals, both domesticated and wild, male or female, except man.
At large means off the premises of the owner and not under control of a human being either by leash, cord, harness or suitable device worn around the neck of a dog to which a license may be affixed.
Dangerous dog means a dog that bites or attacks a person, a dog that bites or attacks another dog or domestic animal while the other dog or domestic animal is on the property or under the control of its owner, or a dog that threatens a person while the dog is at large. However, a dangerous dog does not include any of the following:
(1) A dog that bites or attacks a person who is knowingly criminally trespassing upon the property of the animal’s owner;
(2) A dog that bites or attacks a person who provokes or torments the animal; or
(3) A dog that is responding in a manner that an ordinary and reasonable person would conclude was intended to protect a person if that person is engaged in a lawful activity or is the subject of an assault.
Fowl means any and all fowl, domesticated and wild, male or female.
Keep means possessing, controlling, exercising or allowing to run at large.
Owner means any person owning, keeping or harboring a dog or other animal. The keeping, possessing or harboring of a dog or any other animal for a period of five days shall be prima facie evidence of ownership.
(Code 1985, § 6-1; Ord. 2280, § 1, 5-6-13; Ord. No. 2396, 7-12-22)
Cross reference—Definitions generally, § 1-2.
18-2 Enforcement of chapter.
The police department shall enforce the provisions of this chapter. Oakland County Animal Control services shall be provided, effective April 19, 2011, at no charge to the City, pursuant to the Michigan State Dog Law of 1919, Public Act 339.
(Code 1985, § 6-2; Ord. No. 2219, 4-18-11; Ord. No. 2396, 7-12-22)
18-3 Applicability of state laws to custody of animals.
No person owning or having in his custody any animal shall violate any laws, rules or regulations of the state applicable thereto. Where the provisions of rules and regulations are less restrictive than the provisions of this chapter, the latter shall govern.
(Code 1985, § 6-3; Ord. No. 2396, 7-12-22)
18-4 Reserved.
Editor’s note—Ord. No. 2280, § 1, adopted May 6, 2013, repealed § 18-4, which pertained to the animal welfare officer and derived from § 6-4 of the 1985 Code.
18-5 Manner of keeping animals.
(a) No person shall keep or maintain any animal in the city in such manner so as to become a public nuisance or disturb the peace, comfort or health of any person residing within the city.
(b) The keeping of all animals within the city shall be subject to all pertinent regulations of the state health department and county department of health.
(Code 1985, § 6-6; Ord. No. 2396, 7-12-22)
18-6 Prohibited animals; nuisances.
No person shall sell, keep, possess or maintain within the city any of the following life forms:
(1) Cows, horses, pigs, goats, geese or ducks;
(2) Wild, undomesticated or untamed animals;
(3) Reserved;
(4) Poisonous fish or insects;
(5) Any other inherently harmful or dangerous animal, reptile, fish or insect;
(6) Livestock, including but not limited to cattle, sheep, new world camelids, old world camelids, llamas, goats, bison, privately owned cervids, ratites, swine, aquaculture species, and rabbits.
Provided, that this section shall not prohibit a circus, zoo, menagerie, serpentarium, aquarium, laboratory or Department of Community and Human Services from keeping the above where the same are securely confined under the care and custody of an attendant ensuring that the public will not be harmed.
Provided further, that this section shall not apply to any animal, including but not limited to horses, which is utilized by any police department or any law enforcement agency in the performance of police work.
(Code 1985, § 6-7; Ord. No. 2183, § 1, 6-30-05; Ord. No. 2396, 7-12-22; Ord. No. 2411, 6-6-23)
18-7 Reserved.
Editor’s note—Ord. No. 2280, § 1, adopted May 6, 2013, repealed § 18-7, which pertained to keeping of vicious animals and derived from § 6-8 of the 1985 Code.
18-8 Beekeeping restricted.
No person shall own or keep any beehives with live bees within 200 feet of any public street or any building erected within the city limits.
(Code 1985, § 6-9; Ord. No. 2396, 7-12-22)
18-9 Reserved.
Editor’s note—Ord. No. 2280, § 1, adopted May 6, 2013, repealed § 18-9, which pertained to animals running at large and derived from §§ 6-19—6-21 of the 1985 Code.
18-10 Carcasses of animals for consumption to be covered when transported.
The body or part of any animal to be used for human food shall not be transported through any streets unless it is covered so as to protect it from insects, animals, dust and dirt.
(Code 1985, § 6-10; Ord. No. 2396, 7-12-22)
18-11, 18-12 Reserved.
Editor’s note—Ord. No. 2280, § 1, adopted May 6, 2013, repealed §§ 18-11 and 18-12, which pertained to animal carcasses and burial of dead animals and derived from §§ 6-11 and 6-12 of the 1985 Code.
18-13 Hunting animals prohibited.
(a) No person shall hunt for, pursue, kill or destroy by any means whatsoever, with firearms, air rifles, slingshots or bow and arrows, any bird commonly known as a pheasant, grouse, partridge or duck, or any animal commonly known as a deer, rabbit, squirrel or raccoon, within the city limits.
(b) All hunting of any animals in the city is prohibited.
(Code 1985, § 6-13; Ord. No. 2396, 7-12-22)
18-14, 18-15 Reserved.
Editor’s note—Ord. No. 2280, § 1, adopted May 6, 2013, repealed §§ 18-14 and 18-15, which pertained to diseased animals and property owner impounding animals and derived from §§ 6-14 and 6-15 of the 1985 Code.
18-16 Unnecessary noise by animals; abatement of nuisance.
(a) No person shall keep any animal which by causing frequent or long continued noise shall disturb the comfort or repose of any person in the vicinity. Such action is declared to be a public nuisance and detrimental to public health and welfare.
(b) Any person disturbed by a noisy animal shall advise the owner or custodian who keeps such animal of this fact. If the nuisance is not abated, the person shall then notify the Animal Welfare Officer or other appropriate existing agency. The Animal Welfare Officer shall then advise the owner or custodian of the complaint and of the provisions of this chapter prohibiting such violation.
(c) No owner or custodian shall fail to abate a nuisance caused by the frequent, habitual or long continuing noise of his animal after having been notified in accordance with subsection (b) of this section. Any person failing to abate such nuisance shall be guilty of a misdemeanor.
(Code 1985, §§ 6-16—6-18; Ord. No. 2396, 7-12-22)
18-17 Reserved.
Editor’s note—Ord. No. 2280, § 1, adopted May 6, 2013, repealed § 18-17, which pertained to City pound and derived from § 6-5 of the 1985 Code.
18-18 Neighborhood sanitation.
(a) It shall be a violation of this section for any person to walk any animal on any property, whether public or private, and fail to immediately remove all feces deposited by the animal, by a sanitary method, and transport the feces to a receptacle located on property where the person or animal resides. This does not apply to people employing leader dogs for the blind.
(b) A person described above shall possess the proper equipment to perform the removal and shall display it upon request.
(c) Violation of this section shall be a municipal civil infraction.
(d) Feeding of wild animals and birds prohibited except the feeding of birds and squirrels by means of an elevated feeder.
(1) It shall be unlawful for any person to feed any wild animal in any area in the city. Wild animals shall include all raccoons, skunks, rodents, rabbits, crows, wild birds, including without limitation, pigeons, doves, and seagulls, feral cats, mice, fowl, waterfowl, gophers, groundhogs, moles, opossums, squirrels, and every other wild animal.
(2) All ground feeding is prohibited. The scattering of food or food scraps on the ground by an individual shall be prima facie evidence that the individual intended to provide the food or food scraps for ground feeding.
(3) This prohibition shall not apply to the feeding of wild birds or squirrels provided that such feeding is done only from containers and supports which prohibit access by other rodents and/or wild animals, and are elevated at least 48 inches above ground level.
(Ord. No. 2149, § 1, 10-17-02; Ord. No. 2396, 7-12-22; Ord. No. 2411, 6-6-23)