September 5, 2018, Introduced by Rep. LaFave and referred to the Committee on Local Government.
A bill to amend 1919 PA 339, entitled
"Dog law of 1919,"
by amending the title and sections 1, 2, 4, 10b, 19, 26a, 26b, and
27 (MCL 287.261, 287.262, 287.264, 287.270b, 287.279, 287.286a,
287.286b, and 287.287), section 1 as amended by 1996 PA 63; and to
repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act relating to dogs and the protection of live stock
livestock
and poultry from damage by dogs; providing
for the
licensing
of dogs; regulating to
regulate the keeping of dogs, and
authorizing
authorize their destruction in certain cases; providing
to provide for the determination and payment of damages done by
dogs
to live stock livestock and poultry; imposing to provide for
the
powers and duties on of certain
state, county, city, and
township
officers and employes, and employees;
to repeal Act No.
347
of the Public Acts of 1917, and providing provide penalties for
the violation of this act; and to repeal acts and parts of acts.
Sec. 1. (1) This act shall be known and may be cited as the
"dog law of 1919".
(2)
For the purpose of As used
in this act:
(a) "Livestock" means horses, stallions, colts, geldings,
mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows,
calves, mules, jacks, jennets, burros, goats, kids and swine, and
fur-bearing animals being raised in captivity.
(b) "Poultry" means all domestic fowl, ornamental birds, and
game birds possessed or being reared under authority of a breeder's
license
pursuant to part 427 (breeders and dealers) of the natural
resources
and environmental protection act, Act No. 451 of the
Public
Acts of 1994 PA 451,
being sections MCL 324.42701 to
324.42714. of
the Michigan Compiled Laws.
(c) "Owner" when applied to the proprietorship of a dog means
every person having a right of property in the dog, and every
person who keeps or harbors the dog or has it in his or her care,
and every person who permits the dog to remain on or about any
premises occupied by him or her.
(d)
"Kennel" means any establishment wherein or whereon dogs
are
kept for the purpose of breeding, sale, or sporting purposes.
(d) (e)
"Law enforcement officer"
means any person employed or
elected by the people of the state, or by any municipality, county,
or township, whose duty it is to preserve peace or to make arrests
or to enforce the law, and includes conservation officers and
members of the state police.
(e) (f)
"Hunting" means allowing
a dog to range freely within
sight or sound of its owner while in the course of hunting legal
game or an unprotected animal.
(f) "Service animal" means that term as defined in 28 CFR
36.104.
Sec.
2. It shall be unlawful for any person to own any dog 6
months
old or over, unless the dog is licensed as hereinafter
provided,
or to own any dog 6 months old or over that does not at
all
times wear a collar with a tag approved by the director of
agriculture,
attached as hereinafter provided, except when engaged
in
lawful hunting accompanied by its owner or custodian; 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 or
authorized
agent, to remove any license tag from a dog; or for any
An
owner to allow any of a dog must not allow the dog, except
working dogs such as leader dogs, guard dogs, farm dogs, hunting
dogs, and other such dogs, when accompanied by their owner or his
or her authorized agent, while actively engaged in activities for
which
such the working dogs are trained, to stray unless held
properly in leash.
Sec.
4. The state livestock sanitary commission shall have the
general
supervision over the licensing and regulation of dogs and
the
protection of livestock and poultry from dogs, and may employ
all
proper means for the enforcement of this act and all police
officers
of the state, county, municipality or township shall be at
its
disposal for that purpose. An
animal control officer or a law
enforcement
officer of the this state shall issue a citation,
summons, or appearance ticket for a violation of this act.
Sec.
10b. Any A city, township, or village having in its
employment a full-time animal control officer may adopt an
ordinance providing for the issuance of kennel licenses by the
animal
control officer. on the same terms, conditions and fees as
is
provided in section 10. Upon the adoption of the ordinance the
city,
township or village shall be excepted from the provisions of
sections
10 and 11 of this act.
Sec.
19. Any A person, including a law enforcement officer,
may
kill any a dog which that is not a service animal if he or she
sees that dog in the act of pursuing, worrying, or wounding any
livestock or poultry, or any dog that he or she sees in the act of
attacking
persons, and there shall be no liability on such a
person. A person who kills a dog pursuant to this section is not
liable
in damages or otherwise, for such killing. Any The entry of
a
dog that enters any unaccompanied by the owner or the owner's
agent
onto a field or enclosure which that is
owned by or leased by
a
person producing livestock or poultry
, outside of a city ,
unaccompanied
by his owner or his owner's agent, shall constitute
is
a trespass, and the owner shall be is liable
in for damages.
Except
as provided in this section, it shall be unlawful for any
person,
other than a law enforcement officer, to kill or injure or
attempt
to kill or injure any dog which bears a license tag for the
current
year.
Sec.
26a. (1) A district court magistrate or the district or
common
pleas court shall issue a summons
similar to the summons
provided
for described in section 20 for the dog owner to show
cause why a dog should not be killed, upon a sworn complaint that
any of the following exist:
(a)
After January 10 and before June 15 in each year a dog
over
6 months old is running at large unaccompanied by its owner or
is
engaged in lawful hunting and is not under the reasonable
control
of its owner without a license attached to the collar of
the
dog.
(a) (b)
A The dog , licensed or unlicensed, has destroyed
property or habitually causes damage by trespassing on the property
of a person who is not the owner.
(b) (c)
A The dog , licensed or unlicensed, has attacked or
bitten a person.
(c) (d)
A The dog has shown vicious habits or has molested a
person when lawfully on the public highway.
(e)
A dog duly licensed and wearing a license tag has run at
large
contrary to this act.
(2)
After a hearing the district court magistrate or the
district
or common pleas held pursuant
to subsection (1), the court
may either order the dog killed, or confined to the premises of the
owner. If the owner disobeys this order the owner may be punished
under
section 26. Costs as in a civil case shall must be
taxed
against the owner of the dog, and collected by the county. The
county board of commissioners shall audit and pay claims for
services of officers rendered pursuant to this section, unless the
claims are paid by the owner of the dog.
Sec.
26b. (1) Any A
person who shall not steal,
or confine and
secrete
any a dog licensed under this act or kept under a
kennel
license,
unless legally authorized to do so,
or unless such
confining
be is justifiable in for the protection of a person,
property, or
game. , shall be
(2) A person who violates this section is guilty of a
misdemeanor ,
and upon conviction thereof shall be subject to a
fine
of not less than $50.00 nor more than $100.00, or punishable
by
imprisonment in the county jail for
not less than 60 nor days
or
more
than 90 days , or a fine of not more than $100.00, or both. in
the
discretion of the court.
Sec.
27. Nothing in this This act shall be construed to does
not
prevent the owner of a licensed dog
from recovery, by action at
law,
from any a police officer or other person, the value of any a
dog illegally killed by such police officer or other person.
Enacting section 1. Sections 5, 6, 7, 8, 9, 9a, 10, 11, 12,
13, 14, 14a, 15, 16, 17, and 29 of the dog law of 1919, 1919 PA
339, MCL 287.265, 287.266, 287.267, 287.268, 287.269, 287.269a,
287.270, 287.271, 287.272, 287.273, 287.274, 287.274a, 287.275,
287.276, 287.277, and 287.289, are repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 3. This amendatory act does not take effect
unless all of the following bills of the 99th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 6297 (request no.
01879'17 a).
(b) Senate Bill No.____ or House Bill No. 6298 (request no.
01879'17 b).