December 5, 2017, Introduced by Senators SCHMIDT, KNEZEK and ROBERTSON and referred to the Committee on Judiciary.
A bill to amend 1988 PA 426, entitled
"An act to regulate dangerous animals; to provide for the
confinement, tattooing, or destruction of dangerous animals; and to
provide penalties for the owners or keepers of dangerous animals
that attack human beings,"
by amending the title and sections 1, 2, and 3 (MCL 287.321,
287.322, and 287.323) and by adding sections 4, 5, 6, 7, and 8.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to regulate dangerous animals and vicious dogs; to
provide
for the confinement, tattooing, tracking,
or destruction of
dangerous animals and vicious dogs; and to provide penalties for
the
owners or keepers of dangerous animals that attack human
beings.and vicious dogs in certain situations.
Sec. 1. As used in this act:
(a) "Animal control department" means an animal control
shelter as that term is defined in section 1 of 1969 PA 287, MCL
287.331.
(b) "Bite" means to seize with teeth or jaws so that the
individual or animal seized is wounded or pierced. Bite includes an
act that results in the contact of saliva with any break or
abrasion of the skin.
(c) "Companion animal" means an animal that is commonly
considered to be, or is considered by the owner to be, a pet.
Companion animal includes, but is not limited to, dogs, cats, and
equines.
(d) "Dangerous dog" means 1 or more of the following:
(i) A dog that behaves in a manner that a reasonable
individual would believe poses a serious and unjustified imminent
threat of serious physical injury to or the death of an individual,
a companion animal, or livestock while on property that is not the
property of the dog's owner. A dog is not a dangerous dog if it is
muzzled, on a leash, or attended by the dog's owner.
(ii) A dog that, without justification, bites an individual
and does not cause serious physical injury to that individual.
(e)
(a) "Dangerous animal" means a dog or other
an animal
other
than a dog that, without justification, bites or attacks a
person,
or a dog that bites or attacks and causes serious injury or
death
to another dog while the other dog is on the property or
under
the control of its owner. an
individual. However, a dangerous
animal
does not include any of the following:livestock.
(i) An animal that bites or attacks a person who is
knowingly
trespassing
on the property of the animal's owner.
(ii) An animal that bites or attacks a person who
provokes or
torments
the animal.
(iii) An animal that is responding in a manner that an
ordinary
and reasonable person would conclude was designed to
protect
a person if that person is engaged in a lawful activity or
is
the subject of an assault.
(iv) Livestock.
(f) "Dog" means an animal of the subspecies Canis lupus
familiaris.
(g) "Domestic animal" means a dog, cat, poultry, livestock, or
any other animal that is kept, bred, bought, sold, or considered by
the owner to be a pet.
(h) "Enclosure" means a secured fence or structure that has
sides of at least 6 feet in height, a top, and a bottom, and is
suitable to prevent the entry of young children and the escape of
the animal. An enclosure may be a room within a residence. An owner
may tether an animal in conjunction with the enclosure.
(i) "Impounded" means taken into the custody of the animal
control department where the dog or animal was found.
(j) "Justification" or "justified" means the bite or attack
occurred
in 1 or more of the following circumstances:
(i) An animal bites or attacks an individual who is knowingly
trespassing on the property of the animal's owner.
(ii) An animal bites or attacks an individual who provokes or
torments the animal or its offspring.
(iii) An animal's bite or attack is a response that an
ordinary and reasonable person would conclude was designed to
protect an individual if that individual is engaged in a lawful
activity or is the subject of an assault.
(iv) A dog is owned by a branch of the United States Armed
Forces, a correctional facility, or a police department, and the
dog was performing its duties as expected.
(v) A dog is working as a hunting dog, herding dog, or
predator control dog on the owner's real property or under the
control of its owner, and the injury or damage was to a species or
type of domestic animal that is appropriate to the work of the dog.
(k)
(b) "Livestock" means animals used for human
food and
fiber or animals used for service to human beings. Livestock
includes, but is not limited to, cattle, swine, sheep, llamas,
goats, bison, equine, poultry, and rabbits. Livestock does not
include
companion animals. that are human companions, such as dogs
and
cats.
(l) (c)
"Owner" means a person
who owns or harbors a dog or
other animal.
(m) "Physical injury" means the impairment of a physical
condition.
(n)
(d) "Provoke" means to perform a willful act
or omission
that an ordinary and reasonable person would conclude is likely to
precipitate the bite or attack by an ordinary dog or animal.
(o) (e)
"Serious physical injury"
means permanent, serious
disfigurement, serious impairment of health that creates a
substantial risk of death or causes death, or serious impairment of
a
bodily function of a person.an
individual.
(p) (f)
"Torment" means an act or
omission that causes
unjustifiable pain, suffering, and distress to an animal, or causes
mental and emotional anguish in the animal as evidenced by its
altered behavior, for a purpose such as sadistic pleasure,
coercion, or punishment that an ordinary and reasonable person
would conclude is likely to precipitate the bite or attack.
(q) "Vicious dog" means a dog that, without justification,
attacks an individual and causes serious physical injury to or the
death of that individual, or attacks and causes the death of
another dog.
Sec. 2. (1) Upon a sworn complaint by an animal control
officer, a law enforcement officer, or an adult individual, with
personal
knowledge of an incident, that an
animal a dog is a
dangerous
animal vicious dog and the animal dog has caused serious
physical
injury to or the death
to a person or has caused serious
injury
or death to a dog, of an
individual, or has caused the death
of
another dog, a district court, magistrate,
district court, or a
municipal
court shall may issue a summons to the owner ordering him
or
her to appear to show cause why the animal dog should
not be
destroyed.found to be a vicious dog. If a complaint is
made under
this subsection, the animal control officer or law enforcement
officer must give notice of the conduct that is the basis of the
complaint to the owner, conduct a thorough investigation, interview
the dog owner and witnesses, gather medical and veterinary records,
and submit to the court a detailed report with the sworn complaint.
The animal control department shall determine where the dog will be
confined during the pendency of the case.
(2)
Upon the filing of a sworn complaint as provided in
subsection
(1), the court or magistrate shall order the owner to
immediately
turn the animal over to a proper animal control
authority,
an incorporated humane society, a licensed veterinarian,
or
a boarding kennel, at the owner's option, to be retained by them
until
a hearing is held and a decision is made for the disposition
of
the animal. The owner shall notify the person who retains the
animal
under this section of the complaint and order. The expense
of
the boarding and retention of the animal is to be borne by the
owner.
The animal shall not be returned to the owner until it has a
current
rabies vaccination and a license as required by law.
(2) The animal control officer, law enforcement officer, or
adult individual who filed the complaint under subsection (1) has
the burden of proving by clear and convincing evidence that the dog
is a vicious dog. The court may consider the opinion of a board
certified veterinary behaviorist or another expert in determining
if a dog's behavior was justified and must not find that a dog is a
vicious dog if the court finds the conduct of a dog was justified.
If the court finds the evidence establishes to a clear and
convincing level that a dog is a vicious dog and the conduct of the
dog was not justified, the court shall declare the dog to be a
vicious dog.
(3)
After a hearing, the magistrate or if the court shall
order
the destruction of the animal, at the expense of the owner,
if
the animal is found to be a dangerous animal that caused serious
injury
or death to a person or a dog. After a hearing, the court
may
order the destruction of the animal, at the expense of the
owner,
if the court finds that the animal is a dangerous animal
that
did not cause serious injury or death to a person but is
likely
in the future to cause serious injury or death to a person
or
in the past has been adjudicated a dangerous animal.finds that
the dog is a vicious dog, the court may order that the dog be
euthanized. If the vicious dog is not euthanized, the owner shall
comply with all of the following requirements:
(a) Implant the vicious dog with a microchip, if the dog is
not already implanted with one, and provide the microchip number to
the animal control department.
(b) Within 15 days of the court's decision finding the dog to
be a vicious dog, have the vicious dog spayed or neutered at the
owner's expense if the vicious dog is not already spayed or
neutered.
(c) Maintain the vicious dog in an enclosure approved by the
animal control department prior to the vicious dog's release to its
owner at all times except as follows:
(i) If it is necessary for the owner to obtain veterinary care
for the vicious dog.
(ii) If an emergency or natural disaster threatens the vicious
dog's life.
(iii) To comply with an order of a court of competent
jurisdiction, provided that the dog is securely muzzled and
restrained with a leash not exceeding 6 feet in length, is under
the direct control and supervision of the owner, or is muzzled in
its owner's residence.
(d) Subject to this subdivision, maintain ownership of the
vicious dog. An owner of a vicious dog shall not sell or give away
a vicious dog without obtaining an order of a court approving the
transfer of ownership.
(e) Provide a current address to the animal control
department. Whenever an owner of a vicious dog relocates, he or she
shall notify the animal control department where he or she has
relocated and the animal control department where he or she
formerly resided of the relocation.
(4)
If the court or magistrate finds that an animal is a
dangerous
animal but has not caused serious injury or death to a
person,
the court or magistrate shall notify the animal control
authority
for the county in which the complaint was filed of the
finding
of the court, the name of the owner of the dangerous
animal,
and the address at which the animal was kept at the time of
the
finding of the court. In addition, the court or magistrate
shall
order the owner of that animal to do 1 or more of the
following:
(a)
If the animal that has been found to be a dangerous animal
is
of the canis familiaris species, have an identification number
tattooed
upon the animal, at the owner's expense, by or under the
supervision
of a licensed veterinarian. The identification number
shall
be assigned to the animal by the Michigan department of
agriculture
and shall be noted in its records pursuant to Act No.
309
of the Public Acts of 1939, being sections 287.301 to 287.308
of
the Michigan Compiled Laws. The identification number shall be
tattooed
on the upper inner left rear thigh of the animal by means
of
indelible or permanent ink.
(b)
Take specific steps, such as escape proof fencing or
enclosure,
including a top or roof, to ensure that the animal
cannot
escape or nonauthorized individuals cannot enter the
premises.
(c)
Have the animal sterilized.
(d)
Obtain and maintain liability insurance coverage
sufficient
to protect the public from any damage or harm caused by
the
animal.
(e)
Take any other action appropriate to protect the public.
(4) If an owner of a vicious dog fails to comply with
subsection (3), the animal control department shall impound the
vicious dog, and the owner of the vicious dog shall pay a $500.00
fine plus the impoundment fees to the animal control department
impounding the dog.
(5) The owner of a vicious dog impounded under subsection (4)
may appeal the impoundment. If the impoundment ordered under
subsection (4) is not appealed within 21 days, the court may order
the vicious dog to be euthanized. Upon filing a notice of appeal,
the order of euthanasia is automatically stayed pending the outcome
of the appeal. The owner shall bear the burden of timely written
notification to the animal control department.
(6) An animal control department shall maintain a list of
vicious dogs within its jurisdiction.
(7) If the animal control department has custody of the dog,
the animal control department may file a petition with the court
requesting an order that the owner post security for the dog. The
security must be sufficient to secure payment of all reasonable
expenses expected to be incurred by the animal control department
or animal shelter in caring for and providing for the dog pending
the determination. Reasonable expenses include, but are not limited
to, the estimated medical care and boarding of the animal for 30
days. If security has been posted in accordance with this
subsection, the animal control department may draw funds to cover
the actual costs incurred by the animal control department or
animal shelter caring for the dog. Upon receipt of a petition filed
by the animal control department, the court must schedule a hearing
on the petition, to be conducted within 5 business days after the
petition is filed. The petitioner must serve the owner of the dog a
true copy of the petition.
(8) If the court orders the posting of security under
subsection (7), the security must be posted with the clerk of the
court within 5 business days after the conclusion of the hearing.
If the owner ordered to post security does not do so, the dog is
forfeited by operation of law and the animal control department
must transfer the dog through adoption or another measure, or
ensure that the dog is humanely euthanized.
Sec.
3. (1) The owner of an animal that meets the definition
of
a dangerous animal in section 1(a) that causes the death of a A
person
who violates section 4(4) is guilty of involuntary
manslaughter,
punishable under section 321 of the Michigan penal
code,
Act No. 328 of the Public Acts of 1931, being section 750.321
of
the Michigan Compiled Laws.a
misdemeanor punishable by 1 or more
of the following:
(a) Imprisonment for not more than 90 days.
(b) A fine of not less than $1,000.00.
(c) Not less than 100 hours of community service.
(2)
If an animal that meets the definition of a dangerous
animal
in section 1(a) attacks a A person and causes serious injury
other
than death, the owner of the animal who violates section 2(3)
is
guilty of a felony , punishable
by imprisonment 1 or more
of the
following:
(a)
Imprisonment for not more than 4 years. ,
a
(b)
A fine of not less than $2,000.00. ,
or community service
work
for not
(c)
Not less than 500 hours ,
or any combination of these
penalties.of community service.
(3)
If an animal previously adjudicated to be a dangerous
animal
attacks or bites a person and causes an injury that is not a
serious
injury, the owner of the animal is guilty of a misdemeanor,
punishable
by imprisonment for not more than 90 days, a fine of not
less
than $250.00 nor more than $500.00, or community service work
for
not less than 240 hours, or any combination of these penalties.
(4)
If the owner of an animal that is previously adjudicated
to
be a dangerous animal allows the animal to run at large, the
owner
is guilty of a misdemeanor, punishable by imprisonment for
not
more than 90 days, a fine of not less than $250.00 nor more
than
$500.00, or community service work for not less than 240
hours,
or any combination of these penalties.
(5)
The court may order a person convicted under this section
to
pay the costs of the prosecution.
Sec. 4. (1) Within 10 business days of the animal control
department receiving notice of an alleged infraction and after a
thorough investigation, the animal control department shall send
notice to the owner of the dog of the alleged infractions and the
investigation, and allow the owner of the dog an opportunity to
meet with the director of the animal control department.
(2) After the meeting described in subsection (1), or after a
meeting described in subsection (1) is refused, the animal control
department may continue the investigation. If the animal control
department continues the investigation, the animal control
department shall gather medical evidence, interview witnesses, and
create a detailed report before the animal control department files
a sworn complaint with the district court or municipal court
requesting that the court find the dog to be a dangerous dog.
(3) Upon the filing of a complaint under subsection (2), the
court shall conduct a hearing and shall not find a dog to be a
dangerous dog unless a preponderance of the evidence establishes
that the dog is a dangerous dog. If the court finds that the
conduct of the dog was justified, the court shall not find that the
dog is a dangerous dog.
(4) After a hearing under subsection (3), if the court finds
the dog is a dangerous dog, the owner shall comply with all of the
following requirements:
(a) Implant the dangerous dog with a microchip, if the dog is
not already implanted with one.
(b) Within 15 days of the court's decision finding the dog to
be a dangerous dog, have the dangerous dog spayed or neutered at
the owner's expense if the dangerous dog is not already spayed or
neutered.
(c) If the court determines the protection of the public
requires the dangerous dog to undergo a behavior evaluation, obtain
an evaluation from a certified applied behaviorist, a board
certified veterinary behaviorist, or another recognized expert in
the field and complete the recommendations of that expert. The
owner of the dog is responsible for the cost of the evaluation and
implementing the recommendations required under this subdivision.
(d) If the court determines the protection of the public
requires the dangerous dog to be supervised, maintain the dangerous
dog under the direct supervision of an adult when the dangerous dog
is on public premises.
(e) If the court determines the protection of the public
requires the dangerous dog to be restrained, maintain the dangerous
dog in a muzzle that will prevent the dangerous dog from biting a
person or animal when the dangerous dog is on public premises. The
muzzle must not injure the dog or interfere with the dog's vision
or respiration.
(5) An animal control department has the right to impound a
dangerous dog if the owner fails to comply with the requirements of
this act.
(6) The owner of a dangerous dog may petition the district
court or municipal court to reverse the designation of dangerous
dog.
Sec. 5. A person shall not knowingly or recklessly permit a
dangerous dog to leave the premises of its owner when the dangerous
dog is not on a leash or controlled by another recognized control
method.
Sec. 6. The owner of an animal that, without justification,
attacks an individual who is peaceably conducting himself or
herself in any place where he or she may lawfully be is liable in a
civil action for the damages caused by the attack to the individual
injured by the animal.
Sec. 7. The governing body of a local unit of government may
enact an ordinance or code that restricts or places additional
requirements on the owners of dogs provided that the ordinance or
code does not regulate a dog based on breed, perceived breed, or
type.
Sec. 8. If a dangerous dog or a vicious dog attacks an
individual after the dog has been declared a dangerous dog or a
vicious dog, the owner of the dangerous dog or vicious dog shall
surrender the dog to the appropriate animal control department to
be humanely euthanized.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.