FEBRUARY 23, 2010
Agenda Item No. 38
Introduced by the Law Enforcement and Finance Committees of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION TO ADOPT AN ORDINANCE AMENDING THE INGHAM COUNTY ANIMAL CONTROL ORDINANCE TO DELETE THE PROVISION PROHIBITING BARKING DOGS
RESOLUTION #10-067
WHEREAS, the Ingham County Animal Control Ordinance was adopted by the Board of Commissioners on September 18, 1972, and has subsequently been amended; and
WHEREAS, Article IX, Section 1(f) of the Ingham County Animal Control Ordinance, as amended, currently states:
“Section 1. The owner of any dog shall be deemed in violation of this Ordinance and subject to the penalties set forth in Article X if:
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(f) The owner’s dog which, by loud and frequent barking, howling or yelping, is a nuisance in the neighborhood in which said dog is kept, possessed or harbored;”
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WHEREAS, Article IX, Section 1(f) of the Ingham County Animal Control Ordinance is an unnecessary provision in the ordinance, as local law enforcement agencies already address noise and nuisance complaints; and
WHEREAS, Ingham County Animal Control, which responds to an average of 8,000 complaints annually, is unable to address barking dog complaints due to limited resources; and
WHEREAS, Ingham County Animal Control prioritizes complaints based on imminent danger to citizens and animals to ensure public safety; and
WHEREAS, the Ingham County Animal Control is unable to respond to low priority complaints due to call volume.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners shall adopt the Ordinance Amending the Ingham County Animal Control Ordinance, attached and incorporated by reference as Exhibit 1 to this Resolution, to delete the provision in Article IX, Section 1(f) in its entirety, and to renumber Section 1(g) as a new Section 1(f).
BE IT FURTHER RESOLVED, that an updated version of the Ingham County Animal Control Ordinance, as amended, will be compiled and published in hard copy and on the County’s internet website.
BE IT FURTHER RESOLVED, that the amended Ordinance shall take effect when notice of its adoption is published in a newspaper of general circulation in the County.
FEBRUARY 23, 2010
Agenda Item No. 38
RESOLUTION #10-067
LAW ENFORCEMENT: Yeas: Holman, Koenig, Copedge, Celentino, Bupp, Schafer
Nays: None Absent: None Approved 2/11/10
FINANCE: Yeas: Grebner, Tennis, Bahar-Cook, Schor, Holman, Dougan
Nays: None Absent: None Approved 2/17/10
INGHAM COUNTY BOARD OF COMMISSIONERS
ORDINANCE AMENDING THE INGHAM COUNTY ANIMAL CONTROL ORDINANCE TO DELETE THE PROVISION PROHIBITING BARKING DOGS
ORDINANCE NO. 2010-1
An Ordinance to amend the Ingham County Animal Control Ordinance to delete the provision prohibiting barking dogs.
THE PEOPLE OF THE COUNTY OF INGHAM, MICHIGAN, DO ORDAIN:
Section 1. Purpose and Authority. Deeming it advisable in the interest of the citizens of Ingham County, as authorized by Act 339 of 1919, as amended, being Section 287.261 et seq., of the Michigan Complied Laws, the County of Ingham, Michigan, adopts this Ordinance amending the Ingham County Animal Control Ordinance.
Section 2. Amendment. Article IX of the Ingham County Animal Control Ordinance, entitled Enumeration of Certain Violations and Procedure Therefor, is amended by the deletion of Article IX, Section 1(f) prohibiting barking dogs, and the renumbering of Section 1(g) as a new Section 1(f), such that Article IX, Section 1 shall read as follows:
Section 1. The owner of any dog shall be deemed in violation of this Ordinance and subject to the penalties set forth in Article X if:
(a) The owner’s dog, regardless of age, licensed or unlicensed, wearing a collar or not wearing a collar, runs at large, provided, however, that a dog engaged in hunting need not be leashed when under the reasonable control of its owner;
(b) The owner’s dog, regardless of age, and whether, licensed or unlicensed, wearing a collar or not wearing a collar, except a leader dog for a blind person, a hearing impaired dog for a deaf or audibly impaired person, or a service dog for a physically limited person which is accompanied by its owner, to be within the confines of any public park when such park, by appropriate designation at its entrance, prohibits dogs;
(c) The owner’s dog, at any time, whether licensed or unlicensed, destroys property, real or personal, or trespasses in a damaging way on property of persons other than the owner;
(d) The owner’s dog or other animal at any time, licensed or unlicensed, attacks or bites a person;
(e) The owner’s dog shows vicious habits and molests passers-by when such persons are lawfully on the public highway or right-of-way;
(f) Any livestock or poultry to run at large unaccompanied by its owner upon the premises of another or upon any public street, lane, alley or other public ground in the county unless otherwise specifically allowed.
Section 3. Repeal. All ordinances or parts of ordinances inconsistent herewith are hereby repealed
Section 4. Savings Clause. This Ordinance does not affect rights and duties matured, penalties that were incurred, and proceedings that were begun, before its effective date.
Section 5. Effective Date. This Ordinance Amending the Ingham County Animal Control Ordinance shall take effect when notice of its adoption is published in a newspaper of general circulation in the County.
I, Mike Bryanton, Ingham County Clerk, certify that this Ordinance was adopted by the Ingham County Board of Commissioners and published in a newspaper of general circulation in the County on
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Mike Bryanton, Ingham County Clerk
Ingham County Board of Commissioners
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Debbie De Leon, Chairperson