December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 1976 PA 328, entitled
"An act to regulate animals running at large; to provide for
compensation for damage done by animals running at large; to
prescribe penalties; and to repeal certain acts and parts of acts,"
by amending sections 5 and 6 (MCL 433.15 and 433.16).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
5. A law enforcement agency which that takes custody or
possession of an animal under this act shall do both of the
following:
(a) If the owner of the animal is known, return the animal to
its
owner, unless the owner refuses to make reparation as provided
in
under section 3.
(b)
If Before January 1, 2015,
if the owner of the animal is
not known, give notice in a newspaper of general circulation in the
area that the animal is in the custody or possession of the law
enforcement agency. Beginning January 1, 2015, if the owner of the
animal is not known, give tier B public notice as provided in the
local government public notice act that the animal is in the
custody or possession of the law enforcement agency. The notice
required under this subsection shall include a description of the
animal and the location where the animal was seized. If the animal
is not claimed within 15 days after publication of the notice, the
animal
may be sold at public auction pursuant to under section 6.
Sec.
6. (1) A law enforcement agency which that has in its
custody or possession an unclaimed animal for not less than 15 days
after
giving notice as required in section 5, may sell the animal
at public auction.
(2)
Notice Before January 1,
2015, notice of the public
auction shall be given in a newspaper of general circulation in the
area not less than 21 nor more than 30 days prior to the day of
sale. Beginning January 1, 2015, notice of the public auction shall
be given at least 14 days but not more than 30 days before the day
of sale using tier B public notice as provided in the local
government public notice act. The notice required under this
subsection shall list the number and species of animals to be sold
and shall specify the time and place of the sale.
(3) The animals shall be sold to the highest bidder at the
auction. The proceeds derived from the sale of the animals shall be
used first to pay any expenses incurred by the law enforcement
agency in caring for and keeping the animals; second, to pay the
expenses of the sale; and third, any balance remaining shall be
paid to the city or township treasurer of the city or township in
which the animal was seized and credited to the general fund of
that city or township.
(4)
An animal sold pursuant to under
this section may be
redeemed
at any time within 3 months following the sale, if the
owner
pays the sale purchaser the amount paid at the sale plus a
reasonable compensation for the care and keeping of the animal.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5560 of the 97th Legislature is enacted into
law.