Bill Text: MI SB0709 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Animals; dangerous; dangerous animal statute; modify. Amends title & secs. 1, 2 & 3 of 1988 PA 426 (MCL 287.321 et seq.) & adds secs. 4, 5, 6, 7 & 8.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-03-08 - Referred To Committee Of The Whole [SB0709 Detail]

Download: Michigan-2017-SB0709-Introduced.html

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SENATE BILL No. 709

 

 

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.