ORDINANCE #10-2015 Animal

VILLAGE OF BARRYTON

ORDINANCE #10-2015

ANIMAL ORDINANCE

 

Section 1: Establishment of Animal Ordinance

To establish regulations on the owning and/or keeping of animals in the Village of Barryton.

Section 2:  Animal and Fowl Regulation

It shall be unlawful for any person to keep any animal or fowl within 100 feet of any dwelling, street, alley or public place, except household pets, and further, horses and cattle cannot be kept within the Village unless parcel is zoned A-1 and parcel contains 5 acres or more.

Section 3: Poisonous Substance Prohibited

It shall be unlawful to throw or deposit poisoned meat, or any poison or harmful substances in any street, alley or public place, or on any private premises within the Village, for the purpose of destroying any dog, bird, fowl or other animal.

Section 4: Feeding Required

It shall be unlawful to feed any animal unwholesome or unsuitable food, or unclean water to drink which is likely to cause or produce disease in the animal.

Section 5: Sanitary Requirements

Every person lawfully keeping or harboring any animal, shall keep or cause to be kept all manure, or offal there from, which shall be deposited or accumulated from such animal, securely and closely confined to or buried upon his premises and in such manner as will prevent it from being scattered from such place of deposit into or upon any street, sidewalk, alley or gutter of the Village; and shall so cover and care for it as to prevent any malodorous or offensive condition to exist and to prevent any nuisance to arise there from.

Section 6: Regulation of Dogs

A. Leash Required

It shall be unlawful for the owner, or any other person having the possession, care, custody or control thereof, to permit any dog to run at large upon the public streets, walks, parks, or other public places within the Village, unless such dog shall be attached to a leash of sufficient strength to restrain such dog in such manner as to be kept under the control of the person accompanying it.

B. Curbing of Dogs

The owner, or any other person having the possession, care, custody or control thereof, any dog shall pick up, bag or box, and remove such feces from such animal upon any street, alley, sidewalk, parking area or private property of another village resident.

C. Barking, Howling

It shall be unlawful for any person to own, harbor or keep any dog which shall cause annoyance or disturbance to persons by frequent and habitual barking, howling or yelping.

D. Vicious Dogs

It shall be unlawful for any person to suffer or permit a vicious, fierce or dangerous dog to go unconfined and unrestrained on such person’s premises, or to run at large.

E. Report to Police

If any person is bitten by a dog, it shall be the duty of that person, or the owner or custodian of the dog having knowledge of same, to report same to the Police Department or Animal Control Officer within 12 hours thereafter. If the owner or custodian of any dog has any reason to believe or suspect that such dog has become infected with rabies, it shall be the duty of that person to report the same to the Police Department or Animal Control Officer within 12 hours thereafter.

F. Quarantine

In the event of any report as set forth in Section 5, the Police Department or Animal Control Officer shall seize such dog and deliver it to the Animal Shelter. The Animal Control Officer shall hold such dog in quarantine until a laboratory analysis by a licensed veterinarian is made to determine whether the dog is infected. The Animal Control Officer shall promulgate and adopt such rules cases and for the disposition of any dog delivered into his custody.

Section 7: Regulation of Cats

(A) It shall be unlawful for any person in the Village to have possession or custody of any cat without having it under control and/or confined to his premises at all times; provided, that the provisions of this division shall not apply to possession or custody of any cat less than four months of age, when proof of age can be and on request is submitted to a Police Officer.

(B) It shall be unlawful for any person to refuse to show or exhibit, at any reasonable time, any cat in his possession or custody to any Police Officer or Animal Control Officer.

(C) It shall be unlawful for any person in the Village to possess, harbor, shelter or keep more than four adult cats, excepting veterinary hospitals and pet shops. For the purpose of this subchapter, an adult cat shall be deemed to be any cat six months old or older. It shall also be unlawful to maintain any cat or cats so as to create a nuisance by way of noise, odor or otherwise.

(D) Any Police Officer or other person, designated by the Village, is authorized to impound any cat found running at large within the Village. In the event capture cannot be effected, the Police Officer or such other person is authorized to destroy such cat.

(E) Any impounded cat not redeemed within 72 hours shall be disposed of in such a manner as prescribed for impounded dogs by the County of Mecosta.

 

 

Section 8: Penalty

  1. Any person who violates any animal control ordinance regulation in Ordinance #10-2015, shall be subject to the following minimum penalties which shall be assessed in addition to any other lawful sentence the Court may impose. The penalty for a violation of this ordinance shall be a Village civil infraction shall be a fine of not less than $25 dollars and not more than $500, plus costs of not less than $9 and not more than $500. Costs may include all expenses, direct and indirect, to which the Village has been put in connection with the Village civil infraction up to the entry of judgment. The Village may seek or employ all other remedies and sanctions available under state law for municipal civil infractions.
  2. The penalty for repeat offenses of the same ordinance provision within two years of a prior offense shall be a fine of not less than $50 and not more than $1,000, plus costs and all other remedies and sanctions available under state law for municipal civil infractions.
  3. Each day a violation of this Ordinance continues to exist constitutes a separate violation.

Section 9:  Severability

The provisions of the Ordinance are hereby declared to be severable, and if any part is declared invalid for any reason by a Court of competent jurisdiction, it shall not affect the remainder of the Ordinance which shall continue in full force and effect.

Sec. 10: Notice to be published

The village clerk shall publish this ordinance in the manner required by law.

THIS ORDINANCE SHALL TAKE EFFECT THIRTY (30) DAYS AFTER PUBLICATION.  ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE HEREBY REPEALED.

I hereby certify to the adoption of this ordinance at the __April 8, 2015___ council meeting and cause the same to be published as required by law.

Yeas  _5_  Nays __0_

Ordinance declared Adopted

Published _____April 17, 2015 

Effective Date___May 8, 2015

___Jennifer Trelfa__________

Village Clerk

 

___Deb Buehner___________

Village President