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Chapter 6
ANIMALS*
Sec. 6-1. Definitions.
Sec. 6-2. Penalties.
Sec. 6-3. Reserved.
Sec. 6-4. Responsibilities; authority.
Sec. 6-5. Owner responsibility.
Sec. 6-6. Interference; authority of police and animal control officers.
Sec. 6-7. Impoundment.
Sec. 6-8. Licensing; rabies vaccination.
Sec. 6-9. General prohibitions.
Sec. 6-10. Reserved.
Sec. 6-11. Abandonment.
Sec. 6-12. Animals running loose.
Sec. 6-13. Removal of animal excrement.
Sec. 6-14. Confinement of animals; number of dogs and cats which may be
kept.
Sec. 6-15. Dangerous dogs; confinement and handling; number.
Sec. 6-16. Other dangerous animals; confinement.
Sec. 6-17. Livestock and poultry.
Sec. 6-18. Beekeeping.
*State law references—Animal control ordinances, MCL 287.290; Dogs Law of 1919, MCL 287.261 et seq.; dangerous
animals, MCL 287.321 et seq.
Supp. No. 3 CD6:1
ANIMALS § 6-1
Sec. 6-1. Definitions. ous or otherwise present a risk of physi-
cal harm or death to human beings as a
The following words, terms and phrases, when
result of their nature or physical makeup,
used in this chapter, shall have the meanings
including all constrictors.
ascribed to them in this section, except where
the context clearly indicates a different meaning: (2) Any dog or cat having a disposition or
propensity to attack or bite any person or
Animal control authority means the county animal without provocation.
and the city and their designated officers. The
licensing authority and the animal control author- Dangerous animal does not include any of the
ity may be, but are not necessarily, the same following:
entity. (1) An animal that bites or attacks a person
Animal control shelter means a facility oper- who is knowingly trespassing on the
ated by the county and, in addition, if designated property of the animal's owner.
and contracted, other facilities under contract (2) An animal that bites or attacks a person
with the city for the impoundment and care of who provokes or torments the animal.
animals that are found in the streets or at large,
(3) An animal that is responding in a manner
animals that are otherwise held due to the
that an ordinary and reasonable person
violation of a municipal ordinance, county
would conclude was designed to protect a
ordinance or state law, or animals that are
person if that person is engaged in a
surrendered to the animal control shelter.
lawful activity or is the subject of an
Control means having an animal in confine- assault.
ment as described or required by this chapter, or
Handler means any person having control of
restrained by its owner on a leash no greater
an animal, whether or not by the consent or
than six feet in length and of sufficient strength
direction of the owner.
to confine the animal, or in certain cases where
specified in this chapter, a shorter leash. The Impound means to place any animal in the
term "control" shall not mean allowing an animal custody or control of an animal control shelter.
to go unleashed outside of its confinement or Licensing authority means the county, in
pen. accordance with state law and county ordinance.
Livestock means horses, cows, swine, sheep,
Dangerous animal means a dog or other animal
goats, or any hoofed animal.
that bites or attacks or threatens to attack a
person (as evidenced by snarling, snapping or Owner means a person having the custody of
lunging); or a dog that bites or attacks and an animal or who keeps or harbors an animal, a
causes serious injury or death to another dog person having the authority of the owner to be
while the other dog is on the property or under the handler of the animal, or a person who
the control of its owner. Dangerous animal also knowingly permits an animal to remain on or
includes the following: about any premises occupied by that person.
Poultry includes chicken, ducks, geese, pheas-
(1) Any mammal, amphibian, reptile, or fowl
ants, or other fowl of a type normally used for
of a species which, due to size, vicious
food or egg production.
nature or other characteristic, would
constitute a danger to human life, physi- Restraint. A dog or cat shall be considered
cal well-being or property, including, but under restraint if it is within the real property
not limited to, lions, tigers, leopards, limits of its owner or secured by its owner on a
panthers, bears, wolves or wolf hybrids, leash or lead no greater than six feet in length
apes, gorillas, monkeys of a species with and of sufficient strength to confine the animal.
an average adult weight in excess of 20 Any other animal is considered restrained only if
pounds, foxes, elephants, alligators, it is effectively prevented from escape by appropri-
crocodiles and snakes which are poison- ate means.
Supp. No. 13 CD6:3
§ 6-1 MUSKEGON CITY CODE
Vicious animal means any animal which: Sec. 6-3. Reserved.
(1) Has killed a person; or
Sec. 6-4. Responsibilities; authority.
(2) Has inflicted serious injury to a person;
or
(a) It is determined by the city that owner-
(3) Has continued to exhibit the behavior ship of an animal is a privilege which carries
which resulted in a previous finding by a with it responsibilities to the city and all persons
court or animal control officer that it is a therein with regard to the care, custody, and
dangerous or vicious dog, provided that handling of the animal.
its owner has been given notice of that
finding. (b) This chapter shall not be construed to
limit or substitute for the authority or functions
Wild animal means any living member of the of the county animal control shelter or animal
animal kingdom, including those born or raised control department.
in captivity, except the following:
(1) Domestic dogs (excluding hybrids with (c) The regulations set forth in this chapter
wolves, coyotes, or jackals). are supplemental to and not in substitution of
the county animal control department, any county
(2) Domestics cats (excluding hybrids with ordinance related thereto or the state law regard-
ocelots or margays). ing county animal control.
(3) Ferrets.
(d) The provisions of this chapter shall be
(4) Rodents. construed to impose the primary responsibility
(5) Captive-bred species of common cage for compliance with its provisions on the owner,
birds. the handler, or on any person in control of any
(Code 2002, § 6-1; Ord. No. 2064, § 3.2, 12-11- animal. No animal of any kind shall be kept in
2001; Ord. No. 2222, 5-22-2007; Ord. No. 2268, the city or be present in the city in violation of
12-8-2009; Ord. No. 2475, 3-14-2023) the provisions of this chapter.
(Code 2002, § 6-4; Ord. No. 2064, §§ 3.0, 3.1, 3.3,
Sec. 6-2. Penalties. 12-11-2001; Ord. No. 2268, 12-8-2009; Ord. No.
2475, 3-14-2023)
Any person violating this chapter shall be
subject to one or more of the following penalties
as applicable: Sec. 6-5. Owner responsibility.
(1) Any person violating section 6-15 involv- (a) All dogs and cats shall be kept under
ing dangerous dogs shall be guilty of a restraint, except for a service animal actively
misdemeanor. engaged in performing its duty or a dog actively
(2) Any person violating any other prohibi- engaged in training or performance event or
tion of this chapter shall be responsible competition. Dogs or cats shall not be permitted
for a municipal civil infraction. The to be at large in the city.
schedule of fines for municipal civil infrac-
(b) Every vicious dog or cat, as determined by
tions is set forth in section 46-204.
a police officer or the animal control authority,
(3) All persons found in violation shall be shall be confined by its owner within a building
subject to further injunctive or other or secure enclosure and shall be securely muzzled
equitable relief as the city may determine or caged whenever off the premises of its owner.
to pursue, including destruction of the
animal in question. (c) The owner of every dog or cat shall be held
(Code 2002, § 6-2; Ord. No. 2064, § 3.16, 12-11- responsible for every behavior of such dog or cat
2001; Ord. No. 2475, 3-14-2023) under the provisions of this chapter.
Supp. No. 13 CD6:4
ANIMALS § 6-9
(d) Fecal matter shall be collected and removed Sec. 6-8. Licensing; rabies vaccination.
from the area where the animal is harbored or
kept. (a) No person shall own, keep, or harbor any
(Code 2002, § 6-5; Ord. No. 2064, § 3.9, 12-11- dog over four months of age within the city
2001; Ord. No. 2229, 7-10-2007; Ord. No. 2268, unless such dog is vaccinated and licensed, as
12-8-2009; Ord. No. 2475, 3-14-2023) required by state law, county ordinance or both.
The provisions of this section do not apply to
Sec. 6-6. Interference; authority of police animals owned by a licensed research facility or
and animal control officers. held in a veterinary medical facility or govern-
ment operated or licensed animal shelter.
(a) No person shall interfere with, oppose,
hinder, or molest any agent of the animal control (b) All dogs shall be vaccinated against rabies,
authority in the performance of any duty as and certified as so vaccinated, as required by
provided in this chapter. state law, county ordinance or both.
(Code 2002, § 6-8; Ord. No. 2064, § 3.5, 12-11-
(b) If seizure and impoundment of a danger- 2001; Ord. No. 2268, 12-8-2009; Ord. No. 2475,
ous animal is not possible without risk of serious 3-14-2023)
physical harm or death to any person, the animal
may be killed by a police officer or animal control Sec. 6-9. General prohibitions.
officer at the time of seizure or impoundment.
(Code 2002, § 6-6; Ord. No. 2064, § 3.7, 12-11- The following actions or failures to act shall
2001; Ord. No. 2475, 3-14-2023) constitute a violation of this chapter, in addition
to other prohibitions or violations found in this
Sec. 6-7. Impoundment. chapter.
(a) Impoundment shall occur, where authorized (1) Training an animal to engage in vicious
by this chapter, at the county animal shelter or behavior.
at an animal control shelter or other designated
contracted facility registered under Public Act (2) Training any animal for fighting or
No. 287 of 1969 (MCL 287.331 et seq.) to provide contests with other animals; carrying on,
services to include impounding of animals promoting or being present at such a
delivered to the shelter by authority of the city or fighting event between animals.
the county. A contract with an animal control (3) Cruelty to any animal or poisoning an
shelter may include shelters in addition to the animal.
county animal shelter for services, impound-
ment, confinement or other functions which the (4) Molesting small wild animals, birds or
county elects not to perform or is unable to birds' nests.
perform. The services and functions of the animal (5) Allowing an animal to constitute a
control shelter are governed by state law and nuisance to surrounding properties or
county ordinance, if any. other persons in the vicinity.
(b) Any animal control shelter in which an (6) Harboring or keeping any dog which
animal is impounded shall carry on release, commits frequent or habitual barking,
treatment, adoption or disposal of animals in yelping or howling.
accordance with the requirements of state law.
No dog or cat shall be released for adoption to (7) Having a dog on any beach in the city,
any person without being neutered. If the animal even if controlled, except for a blind
is too young to neuter at the time of adoption, the person controlling a guide dog at any
fee shall be paid for services, which shall be time, and except during the months of
performed at a later date. October through March, or except as
(Code 2002, § 6-7; Ord. No. 2064, § 3.6, 12-11- allowed by park rules promulgated from
2001; Ord. No. 2475, 3-14-2023) time to time by the city.
Supp. No. 13 CD6:5
§ 6-9 MUSKEGON CITY CODE
(8) Engaging in the feeding of wild animals, thoroughly removed from the property by the use
stray cats, or stray dogs. of a removal device; provided, a person may fail
(Code 2002, § 6-9; Ord. No. 2064, § 3.14, 12-11- to remove the excrement if entry on the private
2001; Ord. No. 2268, 12-8-2009; Ord. No. 2475, property of another for such purpose is prevented
3-14-2023) by the person owning or controlling the property.
State law references—Cruelty to animals, MCL 750.50;
poisoning, MCL 750.437. (c) This section shall not apply to a person
with a leader, guide or service animal where the
Sec. 6-10. Reserved. person is unable to comply due to their disability.
(Code 2002, § 6-13; Ord. No. 2064, § 3.15,
Sec. 6-11. Abandonment. 12-11-2001; Ord. No. 2475, 3-14-2023)
Abandonment of animals is prohibited within Sec. 6-14. Confinement of animals;
the city. number of dogs and cats which
(Code 2002, § 6-11; Ord. No. 2064, § 3.8.3, may be kept.
12-11-2001; Ord. No. 2475, 3-14-2023)
(a) In other than a permitted veterinary clinic,
Sec. 6-12. Animals running loose. kennel, or commercial use, no person shall
maintain more than three adult dogs and four
All animals, whether dangerous or not, shall
adult cats in the city. Animals born on the
be subject to the following:
premises to a legally confined pet may remain
(1) No person shall allow an animal to run thereon until four months of age, after which
loose or be unconfined in the city. they shall be considered adult dogs or cats.
(2) If an animal is upon the premises of the (b) All dogs kept in the city must be licensed
owner, the animal shall be effectively in accordance with state law and county
confined as provided in this chapter. ordinances.
(3) No dog shall be allowed to run on any (c) All animals shall be confined in a pen or
beach, except a dog completely controlled inside the dwelling, under conditions which are
by a person during the months of October sanitary, safe and secure. Any pen utilized for
through March, or as permitted by park the outdoor confinement of a dog shall be of
rules promulgated by the city from time sturdy and secure construction designed to prevent
to time. the escape of the animal.
(4) No unrestrained, unleashed or (d) No female animal in heat shall be confined
uncontrolled dog shall be allowed in any in a place where other animals may have access
park. or a nuisance may be created.
(Code 2002, § 6-12; Ord. No. 2064, § 3.13,
12-11-2001; Ord. No. 2268, 12-8-2009; Ord. No. (e) Any dog which habitually barks shall be
2475, 3-14-2023) kept inside the dwelling.
(Code 2002, § 6-14; Ord. No. 2064, § 3.10,
Sec. 6-13. Removal of animal excrement. 12-11-2001; Ord. No. 2268, 12-8-2009; Ord. No.
2475, 3-14-2023)
(a) It shall be unlawful for any person to
appear with any animal on public property or the
Sec. 6-15. Dangerous dogs; confinement
private property of another, unless that person
and handling; number.
has in his possession an appropriate device for
removal of animal excrement. (a) All dangerous dogs shall be especially
confined and treated as follows:
(b) It shall be unlawful for any person to
allow any animal to leave its excrement on any (1) Leash and muzzle. No person shall permit
public property, or upon the private property of a dangerous dog to go outside its kennel
another, unless the excrement is promptly and or pen unless it is securely leashed with
Supp. No. 13 CD6:6
ANIMALS § 6-17
a leash no longer than four feet in length. (6) Number. No more than one dog of the
No such dog shall be kept on a chain, description determined by this chapter to
rope or other type of leash outside its be dangerous shall be kept on any
kennel or pen unless a person is in premises in the city.
physical control of the leash. Such dogs
(b) Violations of the requirements of the provi-
may not be leashed or tied to inanimate
sions in subsection (a) of this section concerning
objects. Any such dog on a leash outside
dangerous dogs shall carry special penalties set
its kennel or pen must be muzzled by a
forth in this chapter.
muzzling device sufficient to prevent the
(Code 2002, § 6-15; Ord. No. 2064, § 3.11,
dog from biting persons or other animals.
12-11-2001; Ord. No. 2268, 12-8-2009; Ord. No.
(2) Confinement. All dangerous dogs shall be 2475, 3-14-2023)
State law reference—Dangerous animals, MCL 287.321
securely confined indoors or in a securely et seq.
enclosed and locked pen or kennel, except
when leashed, muzzled and controlled as
Sec. 6-16. Other dangerous animals;
provided in subsection (a)(1) of this sec-
confinement.
tion. Such pen, kennel or structure must
have secured sides and a secured top (a) All other dangerous animals besides dogs
attached to the sides. All structures used shall be kept and confined in completely secure
to confine dangerous dogs must be locked cages or containers which allow no access by any
with a key or combination lock when persons except by unlocking such cages or contain-
such animals are within the structure. ers for the feeding of the animal. Such danger-
The structure must have a secure bottom ous animals shall be confined so that there is no
or floor attached to the sides of the pen or access to any other animal or humans by the
the sides of the pen must be embedded in animals.
the ground no less than two feet from the
grade. All such structures must be (b) No lions, tigers, leopards, panthers, bears,
adequately lighted and ventilated and wolves or wolf hybrids, apes, gorillas, monkeys
kept in a clean and sanitary condition. in excess of 20 pounds, elephants, alligators,
crocodiles, or poisonous or constrictor snakes
(3) Confinement indoors. No dangerous dogs shall be kept in the city, except in a licensed zoo.
may be kept on a porch, patio, or any part (Code 2002, § 6-16; Ord. No. 2064, § 3.12,
of a house or structure that would allow 12-11-2001; Ord. No. 2475, 3-14-2023)
the dog to exit such a building. No such State law reference—Dangerous animals, MCL 287.321
et seq.
animal may be kept in a vacant house or
structure.
Sec. 6-17. Livestock and poultry.
(4) Signs. All owners or handlers of danger-
(a) Except as provided in this section, no
ous dogs within the city shall display in a
livestock shall be kept in the city.
prominent place on the premises and on
the pen or kennel a sign stating the (b) No live poultry, excluding chickens kept
words "Beware of Dog." The letters shall pursuant to subsection (f) below, shall be kept in
be at least three inches in height. the city.
(5) Insurance. All owners or handlers of (c) No more than two rabbits shall be kept on
dangerous dogs must obtain public any premises in the city. The two rabbits which
liability insurance in a single incident may be kept at premises shall be in a pen located
amount of at least $50,000.00 for bodily at least 25 feet from any dwelling and constructed
injury, death or property damage result- and maintained in accordance with standards
ing from the ownership, keeping or published in the industry or by a 4-H organiza-
maintenance of such animal. tion.
Supp. No. 15 CD6:7
§ 6-17 MUSKEGON CITY CODE
(d) No wild animal shall be kept permanently (2) The female chickens shall be kept in a
or temporarily in the city unless affiliated with a chicken coop, which shall be in a fenced
transient circus or carnival having all required or covered enclosure. The fenced or
permits to operate in the city, or a licensed zoo. covered enclosure shall comply with
setback requirements established in the
(e) Education exception. city's zoning ordinance and shall not
(1) Upon submission of a site plan and cover more than 50 percent of the rear
approval by the planning commission, an yard. All aspects of the fenced or covered
educational institution may keep a limited enclosure shall be as provided for in a
number of livestock, poultry, fowl, rab- development permit approved by the plan-
bits and other animals for educational ning department and shall be repaired
purposes. and maintained in a manner resistant to
predators.
(2) An "educational institution" for purposes
of this section is defined as an accredited (3) In addition to the chicken coop, the fenced
educational institution, such as a school or covered enclosure shall contain a feed-
within the Muskegon Area Intermediate ing container. Ground feeding is
School District, an elementary, intermedi- prohibited. All unused or unconsumed
ate, and/or secondary school, college, food shall be adequately secured and
university or other such institution of stored after every feeding. All unused or
higher learning, public and private, offer- unconsumed food shall not be left open to
ing courses in general, technical or or accessible by other animals.
religious education, not operated for profit (4) The keeping of chickens shall be done in
and in full compliance with the city's such a manner that all health and safety
zoning ordinance. standards of the city's property
(3) Measures must be taken to ensure that maintenance code are satisfied.
the livestock and other animals are not a
(g) Violation and penalties.
nuisance to neighboring properties for
any reason, including the noise, smell, (1) The owner and occupant of a tax parcel
disease or danger that they may cause. shall ensure compliance with all provi-
sions of this section.
(4) All livestock and other animals must be
located at least 25 feet from any dwell- (2) Any person who violates any provision of
ing. this section shall be responsible for a
municipal civil infraction.
(5) All state and federal laws and regula-
tions pertaining to the housing and care (h) Civil remedies for violation.
of animals shall be followed. In addition,
the program using the animals as part of (1) In case any dwelling, property, chicken
its educational curriculum must comply coop, fenced or covered enclosure, or feed-
with the career tech program guidelines ing container is maintained in violation
and regulations. of any provision of this section, the city
may institute an action in circuit court to
(f) Keeping of chickens. prevent such unlawful maintenance; to
restrain, correct or abate such violation
(1) Up to six female chickens may be kept on
or nuisance, or to prevent conduct on
a tax parcel having at least 3,000 square
such tax parcel.
feet and located in a single-family
residential district, RT two-family (2) The judgment of the court in such cause
residential district, urban residential may direct the correction, repair or
district or lakeside residential district. rehabilitation of the dwelling or building
Roosters may not be kept in the city. or the abatement of the violation, may
Supp. No. 15 CD6:8
ANIMALS § 6-18
authorize a reasonable time within which Sec. 6-18. Beekeeping.
the defendant may make such correction
(a) Beekeeping is permitted under the follow-
or abatement and may authorize the city
ing conditions:
to execute and carry out the provisions of
the judgment in case of default of the (1) Location. Hives are permitted on all
defendant. Whenever the city has incurred properties that have a principal structure
any expense in the enforcement of this and also in approved community gardens
article or in obtaining a judgment of the and urban farms. Hives must be located
court or if inspection fees are due, such in backyards or on rooftops. Community
expenses and fees may be recovered. gardens and urban farms that do not
have a principal structure to establish a
(3) The city shall have a lien upon the back yard must have the hives setback at
premises for all fees due and amounts least 50 feet from the front property line.
expended to correct, repair, rehabilitate Hives must be setback from side and rear
or abate a condition or violation thereon property lines as follows:
and for expenses necessarily incurred in i. One to four hives: Ten feet from
the obtaining and executing of a judg- property lines;
ment, which shall be a lien placed on the ii. Five to eight hives: 25 feet from
tax parcel and may be placed on the tax property lines.
bill and have priority over all other liens
or encumbrances except taxes or assess- (2) Size of hives. A hive may not exceed 20
ments may be enforced by levy as in the cubic feet.
case of real property taxes, by personal (3) Number of hives allowed. Lots less than
action or judicial foreclosure. The lien 10,890 square feet may have no more
shall be effective on the date billed by the than two hives. Lots between 10,890
city. square feet and 21,780 square feet may
have no more than four hives. Lots
(4) In any action instituted by the city under between 21,781 square feet and 43,560
this section, the city attorney may file in square feet may have no more than five
the office of the register of deeds of the hives. Lots larger than 43,560 square
county a notice of the pendency of the feet may have no more than eight hives.
action or proceedings. A notice may be
(4) Barriers. A flyway barrier at least six
filed as the time of the commencement of
feet in height shall shield any part of a
the action or proceeding or at any time
property line that is within 25 feet of a
thereafter before final judgment or order
hive. The flyway barrier shall consist of a
or at any time after the service of any wall, fence, dense vegetation or a combina-
notice or order issued by the city. The tion thereof
notice shall have the same force and
effect as a lis pendens. Such notice may (5) Water. A constant supply of water shall
be vacated upon the order of the judge of be provided for all hives to avoid the
the court in which the action or proceed- congregation of bees at other nearby
ing was instituted or is pending or by water sources.
consent in writing of the city of the city (6)
Permit. A development permit is required
attorney. in order to keep bees.
(Code 2002, § 6-17; Ord. No. 2064, § 3.4, 12-11- (Ord. No. 2364, 5-9-2017; Ord. No. 2475, 3-14-
2001; Ord. No. 2268, 12-8-2009; Ord. No. 2327, 2023)
8-26-2014; Ord. No. 2475, 3-14-2023; Ord. No.
2498, 2-13-2024)
State law reference—Livestock at large, MCL 433.51 et
seq.
Supp. No. 15 CD6:9
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