August 13, 2014, Introduced by Rep. McCann and referred to the Committee on Criminal Justice.
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 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:
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) "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 a person or domestic animal with the obvious
intent to kill, wound, injure, or otherwise harm the person or
domestic animal.
(c)
(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 Dangerous
animal does not include any
of the following:
(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.
(d) "Dangerous dog" means 1 or more of the following, subject
to subdivision (e):
(i) A dog that has been determined to be a potentially
dangerous dog whose owner has been given notice that the dog is a
potentially dangerous dog, if 1 or more of the following are
satisfied:
(A) The dog bites, attacks, or threatens the safety of a human
or a domestic animal.
(B) The dog continues the behavior described in subdivision
(l).
(C) The dog is maintained in violation of this act.
(ii) A dog that kills or inflicts severe injury on a human
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.
(e) "Dangerous dog" or "potentially dangerous dog" does not
include a dog that threatens, injures, or damages a person, animal,
or property under 1 or more of the following circumstances:
(i) A person was committing a willful trespass or other
unlawful conduct upon the owner's real property.
(ii) A person was intentionally provoking, tormenting, abusing,
or assaulting the dog, its owner, or a family member of the owner.
(iii) A person 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 a person within the
immediate vicinity of the dog from an attack or assault.
(viii) The owner of the dog is a branch of the United States
military, a correctional facility, or a police agency, and the dog
was performing its duties as expected.
(ix) 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.
(f) "Dog" means an animal within the canine family, whether
domesticated or wild.
(g) "Domestic animal" means a dog, cat, poultry, livestock, or
any other animal that is commonly kept, bred, bought, or sold as a
pet.
(h) "Impounded" means taken into the custody of the animal
control department where the potentially dangerous dog or dangerous
dog was found.
(i) (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 animals that are human companions, such as dogs and cats.
(j) (c)
"Owner" means a person
who owns, or harbors, a dog or
other
keeps, possesses, or has
control or custody of an animal.
(k) "Owner's real property" means real property owned or
leased by the owner of a dog. 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.
(l) "Potentially dangerous dog" means 1 or more of the
following, subject to subdivision (e):
(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 a person without provocation and inflicts
an injury other than a serious injury upon that person.
(m) (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.
(n) (e)
"Serious injury" means
permanent, serious
disfigurement, serious impairment of health, or serious impairment
of a bodily function of a person.
(o) "Severe injury" means a physical injury that results in
broken bones, muscle tears, multiple bite wounds, or disfiguring
lacerations that require multiple surgeries or corrective or
cosmetic surgery.
(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) "Without provocation" means that the victim was conducting
himself or herself lawfully and peacefully at the time he or she
was bitten, chased in a menacing fashion, or attacked by a dog.
Sec. 2. (1) Upon a sworn complaint that an animal is a
dangerous animal and the animal has caused serious injury or death
to a person 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 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.
(3) After a hearing, the magistrate or 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.
(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.
(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.
(5) This section does not apply to a dog or the owner of a
dog.
Sec. 2a. (1) Upon a sworn complaint that a dog is a
potentially dangerous dog or a dangerous dog, a district court
magistrate, district court, or municipal court shall 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 a
dangerous dog under this act.
(2) Upon the filing of a sworn complaint as provided in
subsection (1), the court or magistrate shall order that the animal
control department or law enforcement agency seize and impound the
dog until a hearing is held and a decision is made for the
disposition of the dog at the owner's expense if the dog poses an
immediate threat to public safety.
(3) After a hearing, if the court determines that a dog is a
dangerous dog, the court may order the destruction of the dog if
the court finds that release of the dog would pose a significant
threat to the public health, safety, or welfare.
Sec. 2b. (1) If the court finds that a dog is a potentially
dangerous dog or a dangerous dog after a hearing under section 2a,
the 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) No later than 30 days after the determination, give
written notice of the determination 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 determination 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) A veterinary health care worker.
(ii) A dog groomer.
(iii) A staff member of a humane society or other animal welfare
agency.
(iv) A pet animal care facility worker.
(v) A professional dog handler or trainer.
(2) In addition to the requirements of subsection (1), if the
court finds that a dog is a potentially dangerous dog after a
hearing under section 2a, the court shall order the owner to do all
of the following:
(a) 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.
(b) While outside the owner's real property, keep the dog
under the control of a responsible adult and restrained on a
substantial leash of no more than 6 feet long.
(3) In addition to the requirements of subsection (1), if the
court finds that a dog is a dangerous dog after a hearing under
section 2a and does not order destruction of the dog, the court
shall order the owner to do all of the following:
(a) Have the dog identified by an identification number
tattooed on the dog's upper inner left rear thigh by means of
indelible or permanent ink or by electronic implantation.
(b) 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 children, adults, or other animals or dogs, and
that is designed to provide shelter from the elements.
(c) While outside the owner's real property, the owner shall
ensure that the dog is wearing a muzzle that prevents the dog from
biting a person, another dog, or an animal, but that does not
injure the dog or interfere with its breathing, keep the dog under
the control of a responsible adult, and restrain the dog on a
substantial leash of no more than 6 feet long.
(4) The court may prohibit the owner of a dog determined to be
a dangerous dog under section 2a from owning, possessing,
controlling, or having custody of an animal for a period of up to 3
years.
Sec. 2c. (1) The owner of a dog that has been found to be a
potentially dangerous dog or a dangerous dog under section 2a shall
notify the animal control department if 1 or more of the following
occur:
(a) The dog is loose or unconfined.
(b) The dog bites a person or attacks another animal.
(c) The dog is sold, given away, or dies.
(2) The owner of a dog that has been found to be a potentially
dangerous dog or a dangerous dog under section 2a shall notify the
animal control department having jurisdiction of his or her old
address and the animal control department having jurisdiction of
his or her new address within 10 days after moving to a new
address.
(3) Except as otherwise provided in this subsection, 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 the animal control department except for the purpose of
euthanasia.
Sec. 2d. (1) The animal control department shall maintain a
list of all dogs within the jurisdiction of the animal control
department that have been found to be potentially dangerous dogs
under section 2a.
(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 action taken by the
owner has mitigated the risk the dog poses to public safety.
Sec. 2e. (1) No later than 10 days after the date a dog is
determined to be a dangerous dog under section 2a, the owner shall
obtain a dangerous dog registration certificate and a tag
identifying the dog as a dangerous dog from the animal control
department for a fee of 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. A certificate or a renewal of
a certificate under this section shall only be issued to
individuals 18 years of age or older. The animal control department
shall only issue a certificate to an owner who presents
satisfactory evidence of all of the following:
(a) That the dog has been vaccinated for rabies, altered, and
permanently identified as required by section 2b.
(b) That the dog is confined in a proper enclosure or in the
owner's residence, or is muzzled and confined in the owner's
fenced-in yard until the owner constructs a proper enclosure.
(c) That the owner has posted clearly visible signs on his or
her property warning people that a dangerous dog is on the
property.
(d) That the owner has liability insurance coverage in the
amount of at least $100,000.00 that covers dog bites, or that the
owner has secured and maintained a surety bond in the amount of at
least $100,000.00.
(2) The tag described in subsection (1) shall be of a uniform
design developed by the same entity that develops the dog licenses
for the animal control department issuing the tag, and shall
specify, in large letters, the phrase "dangerous dog".
(3) 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.
(4) A certificate obtained under subsection (1) shall be
renewed annually for a fee and in the same manner as the initial
certificate was obtained.
(5) The animal control department shall provide a copy of each
dangerous dog registration certificate issued under this section
and a 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 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 and causes serious 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 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 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 convicted under this section
to pay the costs of the prosecution.
(6) This section does not apply to a dog or the owner of a
dog.
Sec. 3a. (1) If the owner of a potentially dangerous dog or a
dangerous dog fails to comply with any condition imposed by a court
or any violation of 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) A fine paid under subsection (1) shall be paid to the
animal control department in which the violation occurred to defray
the cost of implementing sections 2a to 2e.
(3) If a potentially dangerous dog or a dangerous dog attacks
a person after it has been declared a potentially dangerous dog or
dangerous dog, the owner shall surrender the dog to the appropriate
animal control department, which 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.