Dog Ownership

 

An Ordinance relative to the owning and keeping of dogs and regulating the running at large of such dogs, providing for the killing of dogs and penalties for violation hereof.

The people of the City of Caspian ordain:

    1. It shall be unlawful for any person to keep, harbor or have the care or charge of any dog, male or female, of the age of three (3) months or over     within the City of Caspian unless such dog shall wear a collar to which is attached the license tag provided for by the laws of the State of Michigan.

    2. The Iron County animal control officer is hereby designated and appointed as animal control officer shall hold said office of animal control officer for the City of Caspian at the pleasure of the City Commission; that he shall be paid no salary by the City of Caspian. The City Commission shall retain the authority to discharge said Iron County animal control officer from his duties as Caspian City animal control officer and to designate and appoint any other person as shall hold office at the pleasure of the City Commission and be paid such salary as shall be determined and fixed by the City Commission. The Iron County animal control officer or such other person as shall be appointed animal control officer for the City of Caspian shall hereinafter be referred to as the animal control officer.

    3. It shall be unlawful for any person to permit any dog, whether licensed or unlicensed, to be or run at large at any time in the City of Caspian, unless under reasonable control of some person; and further, every dog shall at all times between sunset of each day and sunrise of the following day be confined upon the premises o fits owner or custodian, except when said dog is otherwise under the reasonable control of some person or its owner. For the purposes of this ordinance, a dog shall be deemed under reasonable control when said dog is on a leash or accompanied by its owner or custodian having reasonable control of such dog. For the purposes of this ordinance a dog shall be deemed not under reasonable control when such dog shall be loose in the streets or highways, or, when such dog commits damage to a person or property other than that of the owner, or, in the case of a female dog while in heat, off the premises of the owner, unless confined in the process of being transported to or from the premises of the owner.

    4. Every person in possession of any dog who shall suffer such dog to remain about his premises for a space of five (5) days shall be deemed the owner thereof.

    5. All unlicensed dogs and any licensed dog not under the reasonable control of the owner thereof, as defined by this ordinance, are hereby declared to be public nuisances and shall be impounded by the animal control officer, who shall carefully keep a record of the breed, sex, color and markings of every dog impounded, together with the date and hour of such impounding.

    6. It shall be the duty of the said animal control officer as soon as any dog may be received by him under the provisions of this ordinance, to serve notice in writing upon the owner or owners of such dog, if such owner or owners be known; and further that it shall be the duty of the said animal control officer to reasonably ascertain who the said owner or owners are.

    7. Owners of all dogs impounded under the provisions of this ordinance may claim the same by properly identifying themselves as the owner of said animal and by paying the daily care fee charged by the animal control officer for each day or part of each day such dog is in the custody of the animal control officer; and shall pay in addition thereto the impounding fee established by the animal control officer; provided, however, that a proper license is produced for such dog in the event that such dog is not already properly licensed. It shall be unlawful for any person to claim or attempt to claim any dog under the provisions of this ordinance when such person is not the legal owner or such dog.

    8. The animal control officer on delivering a dog to the owner or to a purchaser shall make out a triplicate receipt, describing the dog and stating the hour and date of its delivery and stating whether the receipt is for the sale of the dog or for the deep of the dog; provided, further, that the animal control officer shall keep one receipt, give one to the County of Iron, provided, further that the animal control officer shall pay monthly to the Treasurer of the County of Iron, all monies received by him for impounding, releasing or selling of dogs.

    9. All dogs placed under the custody of the animal control officer under this ordinance shall be kept by the animal control officer for at least five (5) days, and if the owner or owners cannot then be ascertained, the dog shall be disposed of in the following manner: If the dog is of mixed breed, it may be held for sale for a period of five (5) days and if not sold at the expiration of the said (5) days, be killed in a humane manner. If the dog appears to be a thoroughbred dog, it may be held for a period of one (1) month and if not sold within (1) month it shall be killed in a humane manner.

    10. Fees for the sale of dogs shall be determined by the animal control officer and shall be in addition to the impounding fee established by the animal control officer and the daily care fee charged by the animal control officer.

    11. It shall be the duty of the animal control officer to enforce the provisions of this ordinance as a police officer and he shall have all power and authority of a police officer of said City of Caspian in the enforcement of this ordinance.

    12. Any person violating any provisions of this ordinance upon conviction thereof, shall be punished by a fine not exceeding One Hundred ($100.00) Dollars, or by imprisonment in the Iron County Jail for a period not to exceed 90 days or by both such fine and imprisonment plus all costs of prosecution.

    13. As of the effective date of this ordinance, any ordinance or parts of ordinance contravening the provisions of this ordinance, are hereby expressly repealed.

    14. Codified April 29, 1986.