Bill Text: MI SB1232 | 2019-2020 | 100th Legislature | Introduced

Michigan Senate Bill 1232 (Prior Session Legislation)

Introduced

Bill Title: Animals: dangerous; dangerous animals act; amend to provide for potentially dangerous dogs and dangerous dogs. Amends title & secs.1, 2 & 3 of 1988 PA 426 (MCL 287.321 et seq.) & adds secs. 2a, 2b, 2c, 2d, 2e, 3a & 3b.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-11-18 - Referred To Committee On Agriculture [SB1232 Detail]

Download: Michigan-2019-SB1232-Introduced.html

SENATE BILL NO. 1232

November 18, 2020, Introduced by Senators MCCANN, BULLOCK, GEISS and BAYER and referred to the Committee on Agriculture.

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 2a, 2b, 2c, 2d, 2e, 3a, and 3b.

the people of the state of michigan enact:

TITLE

An act to regulate dangerous animals, potentially dangerous dogs, and dangerous dogs; to provide for the confinement, tattooing, or destruction of dangerous animals; to require the owners of potentially dangerous dogs and dangerous dogs to comply with certain requirements; to require the registration of dangerous dogs; to provide for the powers and duties of certain state and local governmental officers and entities; and to provide prohibit certain acts and prescribe penalties. for the owners or keepers of dangerous animals that attack human beings.

Sec. 1. As used in this act:

(a) "Altered" means a dog that has undergone a professional sterilization procedure performed by a veterinarian that rendered the dog incapable of reproducing.

(b) "Animal care facility" means an animal shelter or other boarding facility where a dog may be cared for and housed or kept.

(c) "Animal control department" means an animal control shelter as that term is defined in section 1 of 1969 PA 287, MCL 287.331.

(d) "Attack" means the deliberate action of an animal, whether or not in response to a command by its owner, to bite, seize with its teeth, or pursue an individual or domestic animal with the intent to kill, wound, injure, or harm.

(e) (a) "Dangerous animal" means a dog or other an animal, other than a dog, that 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. However, a dangerous an individual or domestic animal. Dangerous animal does not include any of the following:

(i) An animal that bites or attacks a person an individual who is knowingly trespassing on the property of the animal's owner.

(ii) An animal that bites or attacks a person an individual 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 an individual if that person individual is engaged in a lawful activity or is the subject of an assault.

(iv) Livestock.

(f) "Dangerous dog" means 1 or more of the following, subject to subdivision (g):

(i) A dog that has been determined to be a potentially dangerous dog and whose owner has been given notice that the dog is a potentially dangerous dog, if 1 of the following is satisfied:

(A) The dog bites, attacks, or threatens the safety of an individual or a domestic animal.

(B) The owner maintains the dog in violation of this act.

(ii) A dog that kills or inflicts severe injury on an individual without provocation.

(iii) A dog that kills a domestic animal without provocation, if the dog is not on its owner's real property.

(iv) A dog that has been used or trained for dog fighting.

(v) A dog that has committed at least 3 reported and documented bites without provocation.

(g) "Dangerous dog" or "potentially dangerous dog" does not include a dog that threatens, injures, or damages an individual, animal, or property under 1 or more of the following circumstances:

(i) An individual was committing a willful trespass or other unlawful conduct upon the owner's real property.

(ii) An individual was intentionally provoking, tormenting, abusing, or assaulting the dog, its owner, or a family member of the owner.

(iii) An individual was committing or attempting to commit a crime.

(iv) A domestic animal was attacking or menacing the dog.

(v) An animal was attacking or menacing the dog while on the owner's real property.

(vi) The dog was responding to pain or injury or protecting its offspring.

(vii) The dog was protecting or defending an individual within the immediate vicinity of the dog from an attack or assault.

(viii) The dog was 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 appropriate to the work of the dog.

(h) "Dog" means an animal within the canine family.

(i) "Domestic animal" means a dog, a cat, poultry, livestock, or any other animal that is kept, bred, bought, sold, or considered by the owner to be a pet.

(j) "Impound" means to seize and take into the custody of an animal control department.

(k) (b) "Livestock" means animals used for human food and fiber or animals used for service to human beings. humans. Livestock includes, but is not limited to, cattle, swine, sheep, llamas, goats, bison, equine, poultry, and rabbits. Livestock does not include domestic animals. that are human companions, such as dogs and cats.

(l) (c) "Owner" means a person an individual who owns, or harbors, a dog or other keeps, possesses, or has control or custody of dog or other animal.

(m) Owner's real property" means real property owned or leased by the owner of a dog or other animal. Owner's real property does not include a public right-of-way or a common area of a condominium complex, manufactured home park, apartment complex, or townhouse development.

(n) "Potentially dangerous dog" means 1 or more of the following, subject to subdivision (g):

(i) A dog that has a known propensity or disposition, as indicated by sworn statements from at least 2 adults and an investigation by an appropriate authority, to attack without provocation and in a menacing fashion or to threaten the safety of humans or domestic animals.

(ii) A dog that has inflicted severe injury upon a domestic animal that is on or chased from the owner's real property or under control of its owner, if the dog inflicted the injury while on property other than its owner's real property.

(iii) A dog that bites an individual without provocation and inflicts a severe injury upon that individual.

(o) (d) "Provoke" means to perform a willful act or omission that an ordinary and reasonable person would conclude is likely to precipitate the a bite or attack by an ordinary a dog or other animal.

(e) "Serious injury" means permanent, serious disfigurement, serious impairment of health, or serious impairment of a bodily function of a person.

(p) "Severe injury" means a physical injury that results in broken bones, muscle tears, multiple bite wounds, or disfiguring lacerations and requires multiple surgeries or corrective or cosmetic surgery.

(q) "State veterinarian" means the chief animal health official of this state as appointed by the director of the department of agriculture and rural development under section 7 of the animal industry act, 1988 PA 466, MCL 287.707, or his or her authorized representative.

(r) (f) "Torment" means an act or omission that causes unjustifiable pain, suffering, and distress to an a dog or other animal, or causes mental and emotional anguish in the dog or other 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 a bite or attack.

(s) "Without provocation" means that the victim was conducting himself or herself lawfully and peacefully at the time he or she was bitten, attacked, or threatened, or chased in a menacing fashion by a dog.

Sec. 2. (1) Upon a sworn complaint that an animal is a dangerous animal and the animal has caused serious severe injury or death to a person an individual or has caused serious injury or death to a dog, a district court magistrate, district court, or a municipal court shall issue a summons to the owner ordering him or her to appear to show cause why the animal should not be destroyed.

(2) Upon the filing of a sworn complaint as provided in subsection (1), the district court magistrate, district court, or magistrate municipal court shall order the owner to immediately turn the animal over to a proper animal control authority, department, 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 that retains the animal under this section of the complaint and order. The owner is responsible for the expense of the boarding and retention of the animal. is to be borne by the owner. The animal shall must not be returned to the owner until it has a current rabies vaccination and a license as required by law.

(3) After a hearing, if the animal is found to be a dangerous animal that caused the severe injury or death of an individual or dog, the district court magistrate, district court, or municipal court shall order the destruction of the animal, at the owner's 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, if the court finds that the animal is a dangerous animal that did not cause severe injury or death to an individual or dog, but is likely to cause severe injury or death to an individual or dog in the future, the court may order the destruction of the animal, at the owner's 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.

(4) If the district court magistrate, district court, or magistrate municipal court finds that an animal is a dangerous animal but that has not caused serious severe injury or death to a person, an individual or dog, the district court magistrate, district court, or magistrate municipal court shall notify the animal control authority department for the county in which the complaint was filed of the all of the following information:

(a) The finding of the court. , the

(b) The name of the owner of the dangerous animal. , and the

(5) If the district court magistrate, district court, or magistrate municipal court finds that an animal is a dangerous animal that has not caused severe injury or death to an individual or dog, the district court magistrate, district court, or municipal court 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.

(a) (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.

(b) (c) Have the animal sterilized.

(c) (d) Obtain and maintain liability insurance coverage sufficient to protect the public from any damage or harm caused by the animal.

(d) (e) Take any other action appropriate to protect the public.

Sec. 2a. Upon the filing of a sworn complaint that a dog is a potentially dangerous dog or dangerous dog, a district court magistrate, district court, or municipal court shall do both of the following:

(a) Issue a summons to the owner ordering him or her to appear to show cause why the dog should not be declared a potentially dangerous dog or dangerous dog.

(b) If the dog poses an immediate threat to public safety, order that the animal control department or law enforcement agency impound the dog until a hearing is held and a decision is made for the disposition of the dog at the owner's expense.

Sec. 2b. (1) After a hearing under section 2a, if the district court magistrate, district court, or municipal court finds that a dog is a potentially dangerous dog, the district court magistrate, district court, or municipal court shall order the owner to do all of the following:

(a) Have the dog sterilized and vaccinated for rabies.

(b) Obtain a license for the dog as provided in the dog law of 1919, 1919 PA 339, MCL 287.261 to 287.290.

(c) Not later than 30 days after the district court magistrate, district court, or municipal court issues its finding, give written notice of the finding to the local branch of the United States Post Office and all utility companies that provide services to the owner's real property. The owner shall provide a copy of each notice given under this section to the animal control department.

(d) Disclose the finding in writing to each provider of service or treatment to the dog. As used in this subdivision, "provider of service or treatment" includes, but is not limited to, the following:

(i) An individual authorized to practice veterinary medicine under part 188 of the public health code, 1978 PA 368, MCL 333.18801 to 333.18838.

(ii) A dog groomer.

(iii) A staff member of a humane society or other animal welfare agency.

(iv) An animal care facility worker.

(v) A professional dog handler or trainer.

(e) While on the owner's real property, keep the dog indoors or in a securely fenced yard from which the dog cannot escape and into which children cannot trespass.

(f) While outside the owner's real property, keep the dog under the control of a responsible adult and restrained on a leash that is not more than 6 feet long.

(2) Except as provided in subsection (3), after a hearing under section 2a, if the district court magistrate, district court, or municipal court finds that a dog is a dangerous dog and if the release of the dog would pose a significant threat to public health, safety, or welfare, the district court magistrate, district court, or municipal court shall order 1 of the following, and in addition, may prohibit the owner from owning, possessing, controlling, or having custody of a dog for a time period of up to 3 years:

(a) The owner to relinquish the dog to the animal control department.

(b) The animal control department to euthanize the dog.

(3) After a hearing under section 2a, if the district court magistrate, district court, or municipal court finds that the dog is a dangerous dog but does not order the dog to be euthanized under subsection (2), the district court magistrate, district court, or municipal court shall order the owner to do all of the following:

(i) Complete the requirements under subsection (1)(a) to (d).

(ii) Tattoo the dog on the dog's upper inner left rear thigh by means of indelible or permanent ink or by electronic implantation with an identification number.

(iii) While on the owner's real property, keep the dog indoors or in a securely enclosed and locked structure of a sufficient height and design to prevent the dog's escape or direct contact with or entry by individuals or other animals, and that is designed to provide shelter from the elements.

(iv) While outside the owner's real property, the owner shall do all of the following:

(A) Ensure that the dog is wearing a muzzle that prevents the dog from biting an individual or other animal, but that does not injure the dog or interfere with its breathing.

(B) Keep the dog under the control of a responsible adult.

Sec. 2c. (1) The owner of a dog that is found to be a potentially dangerous dog or dangerous dog under section 2a shall notify the animal control department if any of the following occur:

(a) The dog is loose or unconfined.

(b) The dog bites an individual or attacks another animal.

(2) If the owner of a dog that is found to be a potentially dangerous dog or dangerous dog under section 2a moves to a new address, the owner shall notify the animal control department having jurisdiction of his or her previous address and the animal control department having jurisdiction of his or her new address within 10 days after the owner moves.

(3) The owner of a dangerous dog shall not sell or otherwise transfer ownership of the dog. The owner of a dangerous dog shall not relinquish the dog to an animal control department except for the purposes of euthanasia.

Sec. 2d. (1) The animal control department shall maintain a list of all dogs within its jurisdiction that have been found to be potentially dangerous dogs under section 2a for 5 years.

(2) The animal control department may remove a potentially dangerous dog from the list maintained under subsection (1) if the owner demonstrates to the satisfaction of the animal control department that a change in circumstances or an action taken by the owner has mitigated the risk the dog poses to public safety.

Sec. 2e. (1) Not later than 10 days after the dog is found to be a dangerous dog under section 2a, the owner shall obtain a dangerous dog registration certificate and tag identifying the dog as a dangerous dog from the animal control department for a fee, not less than $100.00, to be determined by the county board of commissioners for the county within which the animal control department is located. The tag described in this subsection must be of a uniform design developed by the same entity that develops the dog licenses for the animal control department issuing the tag, and must specify, in large letters, the phrase "dangerous dog". A certificate or renewal of a certificate under this section must only be issued to an individual who is 18 years of age or older. The animal control department shall only issue a certificate or renewal of a certificate to an owner who presents satisfactory evidence of all of the following:

(a) That the dog is vaccinated for rabies, altered, and permanently identified as required under section 2b(3).

(b) That the dog is confined indoors or in a securely enclosed and locked structure of a sufficient height and design to prevent the dog's escape or direct contact with or entry by an individual or another animal, and that is designed to provide shelter from the elements.

(c) That the owner posts clearly visible signs on his or her property warning people that a dangerous dog is present on the property.

(d) That the owner either has liability insurance coverage in the amount of at least $100,000.00 that covers dog bites or secures and maintains a surety bond in the amount of at least $100,000.00.

(2) The owner shall affix the tag described in subsection (1) to the dog's collar and ensure that the dog wears the collar and tag at all times.

(3) A certificate obtained under subsection (1) must be renewed annually for a fee and in the same manner the initial certificate was obtained.

(4) The animal control department shall provide a copy of each dangerous dog registration issued under this section and verification of compliance with subsection (1) to the state veterinarian.

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 person an individual 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.1931 PA 328, MCL 750.321.

(2) If an animal that meets the definition of a dangerous animal in section 1(a) attacks a person an individual and causes serious severe injury other than death, the owner of the animal is guilty of a felony, punishable by imprisonment for not more than 4 years, a fine of not less than $2,000.00, or community service work for not less than 500 hours, or any combination of these penalties.

(3) If an animal previously adjudicated to be a dangerous animal attacks or bites a person an individual and causes an injury that is not a serious severe 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 or 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 or 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 an individual convicted under this section to pay the costs of the prosecution.

Sec. 3a. (1) If the owner of a potentially dangerous dog or dangerous dog fails to comply with this act, he or she is guilty of a felony punishable by imprisonment for not more than 4 years, a fine of not less than $2,000.00, or community service work for not less than 500 hours, or any combination of these penalties.

(2) If a potentially dangerous dog or dangerous dog attacks an individual after a finding is made under section 2a, the owner shall relinquish the dog to the appropriate animal control department within 7 days. The animal control department shall euthanize the dog.

Sec. 3b. The governing body of a local unit of government may enact an ordinance regulating potentially dangerous dogs and dangerous dogs that is substantially similar to sections 2a to 2e.