Municipal Code
CHAPTER 612 Animals
612.01 Definitions.
612.02 Dogs running at large.
612.03 Barking and howling animals.
612.04 Vicious or rabid dogs; owner's liability.
612.05 Dog houses.
612.06 Fecal matter; sanitary conditions.
612.07 Treatment of dogs.
612.08 Disposal of dead dogs.
612.09 Licensing of dogs; tags.
612.10 Responsibility for damages.
612.11 Dog pound.
612.12 Impounding of dogs by Animal Control Officer.
612.13 Release of dogs; fee.
612.14 Destruction of dogs.
612.15 Confinement of dogs for observation.
612.16 Dogs bitten by other animals.
612.17 Quarantine of dogs.
612.18 Enforcement; Animal Control Officer.
612.19 Determination of violations; notice; seizure of
dogs.
612.20 Issuance of citations.
612.21 Keeping of animals; kennels; domestic pets.
612.22 Large animals.
612.23 Stables.
612.99 Penalty.
CROSS REFERENCES
Animal pounds see M.C.L.A. 123.301 et seq., 750.70
Animal diseases generally see M.C.L.A. 287.2 et seq.
Animals generally see M.C.L.A. 287.2 et seq., 750.49 et
seq., 752.21 et seq.
Zoning Code requirements see P. & Z. 1268.26
612.01 DEFINITIONS.
As used in this section:
(a) "Designee" means that entity or agency appointed by
the Village of Franklin to enforce and administer the
provisions of this chapter; "designee" may include a
"Dog Control Officer" or "Animal Control Officer."
(b) "Dog" means any dog, whether male, female or
unsexed.
(c) "Dog Control Officer" and "Animal Control Officer"
mean the person or entity serving the Village of
Franklin, or the person or entity designated by the
Village of Franklin, for the purpose of enforcement and
administration of this chapter.
(d) "Owner," when applied to the proprietorship of a
dog, means every person having a right or property in a
dog, every person who keeps or harbors a dog or has it
in his or her care, and every person who permits a dog
to remain in or about any premises occupied or owned by
such person.
(e) "Provoke" means to perform a willful act or omission
that an ordinary and reasonable person would conclude is
likely to precipitate a bite or attack by an ordinary
dog.
(f) "Reasonable control" means when a dog is held
securely by a leash of suitable strength and length for
the size of the dog, by the owner, possessor or harborer
thereof or any other responsible person of suitable age
and strength, or when the dog is in an enclosed vehicle,
in a container or on the owner's occupied property.
(g) "Serious injury" means permanent, serious
disfigurement, serious impairment of health, or serious
impairment of a bodily function of a person.
(h) "Torment" means an act or omission that causes
unjustifiable pain, suffering and distress to a dog, or
causes mental and emotional anguish in the dog 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.
(i) "Vicious dog" means 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 vicious dog does not include any of
the following:
(1) A dog that bites or attacks a person who is
knowingly trespassing on the property of the dog's
owner.
(2) A dog that bites or attacks a person who provokes or
torments the dog.
(3) A dog 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.
(Ord. 169. Passed 10 26 89.)
612.02 DOGS RUNNING AT LARGE.
No person owning a dog shall permit or allow the same to
leave said person's premises and must take the proper
measures to assure that the dog shall not leave the
owner's property except when such dog is under
reasonable control as defined in this chapter. No dog
shall be permitted or allowed to run at large.
(Ord. 169. Passed 10 26 89.)
612.03 BARKING AND HOWLING ANIMALS.
No person shall own any dog or any other animal which,
by loud, frequent or habitual barking, yelping, howling,
calling or other similar utterance, shall cause an
unreasonable threat or unreasonable annoyance to
occupiers of neighboring property or to persons passing
by upon the streets.
(Ord. 169. Passed 10 26 89; Ord. 2001-07. Passed
11-12-01.)
612.04 VICIOUS OR RABID DOGS; OWNER'S LIABILITY.
(a) No person shall own a fierce or vicious dog, as
defined in this chapter, or a dog that has been bitten
by any animal known to have been afflicted with rabies.
A dog may be deemed fierce or vicious if the Village of
Franklin or its designee has received more than one bite
report involving the same dog. Any dog found to be
vicious or afflicted with rabies shall be destroyed
unless otherwise disposed of as provided herein.
(b) Upon a sworn complaint to the Village of Franklin or
the entity serving the Village that a dog is vicious and
has caused serious injury or death to a person or to a
dog, the Village of Franklin or the entity serving the
Village shall issue a summons to the dog owner ordering
him or her to appear and show cause why the dog should
not be destroyed.
Upon the filing of a sworn complaint, as provided above,
the Village of Franklin or its designee shall order the
owner to immediately turn the dog over to a proper
animal control authority, to be determined, for proper
observation as defined in this chapter.
Upon the filing of a sworn complaint, the court or
magistrate shall order the owner to immediately turn the
dog 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 such entity until a hearing is held and a decision is
made for the disposition of the dog. The owner shall
notify the person who retains the dog of the complaint
and order. The expense of the boarding and retention of
the dog is to be borne by the owner. The dog shall not
be returned to the owner until it has a current rabies
vaccination and a license as required by law.
After a hearing, the magistrate or court shall order the
destruction of the dog, at the expense of the owner, if
the dog is found to be dangerous and the cause of
serious injury or death to a person or a dog. After a
hearing, the court may order the destruction of the dog,
at the expense of the owner, if the court finds that the
dog is dangerous and that although it did not cause
serious injury or death to a person, it is likely in the
future to do so or in the past has been adjudicated a
dangerous dog.
If the court or magistrate finds that a dog is
dangerous, but has not caused serious injury or death to
a person, the court or magistrate shall notify the
animal control authority of the finding of the court,
the name of the owner of the dangerous dog, and the
address at which the dog was kept at the time of the
finding of the court. In addition, the court or
magistrate shall order the owner of the dog to do one or
more of the following:
(1) Take specific steps, such as escape proof fencing or
enclosure, including a top or roof, to ensure that the
dog cannot escape or non authorized individuals cannot
enter the premises.
(2) Have the dog sterilized.
(3) Obtain and maintain liability insurance coverage
sufficient to protect the public from any damage or harm
caused by the dog.
(4) Take any other action appropriate to protect the
public.
(Ord. 169. Passed 10 26 89.)
612.05 DOG HOUSES.
All dog houses shall be in a strategically located place
so as to provide adequate shade in the summer months and
shall be maintained in a clean and sanitary condition,
devoid of rodents, vermin, debris and excrement, and
free from objectionable odors.
(Ord. 169. Passed 10 26 89.)
612.06 FECAL MATTER; SANITARY CONDITIONS.
No person shall permit a dog owned, harbored or
possessed by him or her to deposit fecal matter in any
place other than the premises where the dog is harbored
or kept, unless such fecal matter is immediately
collected and removed to the premises where the dog is
harbored or kept. Yards and exercise runs shall be kept
free of dog droppings or uneaten food, and maintained in
a sanitary manner so as not to be a nuisance because of
odor or attraction for flies and vermin.
(Ord. 169. Passed 10 26 89.)
612.07 TREATMENT OF DOGS.
No person owning, possessing or harboring any dog, nor
any other person, shall treat a dog in a cruel or
inhumane manner, negligently cause or permit a dog to
suffer unnecessary torture or pain or otherwise harm a
dog.
(Ord. 169. Passed 10 26 89.)
612.08 DISPOSAL OF DEAD DOGS.
The owner of any dead dog shall promptly dispose of the
remains in such manner as not to cause a nuisance.
(Ord. 169. Passed 10 26 89.)
612.09 LICENSING OF DOGS; TAGS.
No person shall own, possess or harbor any dog six
months of age or over in the Village, unless such dog is
licensed by the Township of Southfield, or own, possess
or harbor any dog six months of age or over that does
not at all times wear a collar or harness with a current
license tag attached thereto, as issued by the Township.
Such license tag shall be nontransferable to any other
dog.
612.10 RESPONSIBILITY FOR DAMAGES.
Every owner, possessor or harborer of a dog shall be
liable for damages for any and all injuries to person or
property caused by such dog, to be determined and
collected in appropriate civil proceedings, and nothing
in this chapter shall be construed to impose any
liability upon the Village of Franklin, or its officers,
agents or employees, for any damages to persons or
property caused by such dog.
(Ord. 169. Passed 10 26 89.)
612.11 DOG POUND.
The Village of Franklin will not establish a dog pound
but will use the facilities of the entity serving the
Village of Franklin. (Ord. 169. Passed 10 26 89.)
612.12 IMPOUNDING OF DOGS BY ANIMAL CONTROL OFFICER.
It shall be the duty of the Village of Franklin's
designated Animal Control Officer to take up, seize and
place in the dog pound all dogs that may be found
running at large or being kept or harbored in any place
within the Village of Franklin contrary to the
provisions of this chapter.
(Ord. 169. Passed 10 26 89.)
612.13 RELEASE OF DOGS; FEE.
No dog shall be released from the dog pound unless the
owner, possessor or harborer, or his or her authorized
agent, shall pay a fee as set forth by the Village of
Franklin or the entity serving the Village of Franklin.
(Ord. 169. Passed 10 26 89.)
612.14 DESTRUCTION OF DOGS.
All dogs not claimed and released within four days, not
including the first day of impoundment, shall be
destroyed, or if the dog is deemed valuable, the same
may be sold for the amount of boarding fees for four
days, provided that said dog is properly immunized and
licensed at the cost of the purchaser.
If the dog meets the definition of a vicious dog, as set
forth in Section 612.01, causing serious injury, the dog
shall be destroyed and the dog owner, exclusive of other
liability, will be subject to the penalty provided in
Section 612.99.
(Ord. 169. Passed 10 26 89.)
612.15 CONFINEMENT OF DOGS FOR OBSERVATION.
Any person who owns a dog which has contracted rabies,
has been subjected to the same, is suspected of having
rabies, has bitten any person, or is found to be
vicious, shall, upon demand of the Animal Control
Officer designated by the Village, produce and surrender
up such dog to the Dog Control Officer to be held at a
licensed veterinarian for treatment and observation for
whatever period of time necessary to ascertain the
extent of the rabies or the mental temperament. During
this observation period, the owner shall not transfer,
sell, give away or dispose of the dog.
(Ord. 169. Passed 10 26 89.)
612.16 DOGS BITTEN BY OTHER ANIMALS.
It shall be the duty of any person owning a dog which
has been attacked or bitten by another dog or other
animal showing symptoms of rabies, to immediately notify
the Animal Control Officer designated by the Village of
Franklin that such person has such dog in his or her
possession and shall comply with all lawful orders and
requirements of the Animal Control Officer regarding
treatment of such dog for rabies.
(Ord. 169. Passed 10 26 89.)
612.17 QUARANTINE OF DOGS.
The Village of Franklin or its designee is hereby
authorized to require that any dog be quarantined or
that a quarantine be established by the Village for a
defined period, whenever such measures are necessary in
order to protect the health, safety and welfare of the
people of the Village.
(Ord. 169. Passed 10 26 89.)
612.18 ENFORCEMENT; ANIMAL CONTROL OFFICER.
The Village of Franklin or the entity serving the
Village may employ an Animal Control Officer to enforce
and administer the provisions of this chapter. The
Animal Control Officer shall be invested, by the Village
Clerk, with approval of the Village Marshall and Village
Council, with such powers as are necessary for the
limited purpose of enforcing the provisions of this
chapter. This chapter may be enforced by the entity
serving the Village of Franklin as well as by the Police
Department.
(Ord. 169. Passed 10 26 89.)
612.19 DETERMINATION OF VIOLATIONS; NOTICE; SEIZURE OF
DOGS.
It shall be the duty of the Village of Franklin or its
designee to make diligent inquiry as to the dogs owned,
harbored or kept within the Village, whether such dogs
are licensed and whether such owner, possessor or
harborer is in violation of any other provision of this
chapter. Any dog found unlicensed may be seized and
impounded by the Animal Control Officer. If the owner,
possessor or harborer of such dog be known, the Village
of Franklin or its designee may issue a notice of
violation to appear at the office of the Village Clerk,
or his or her agent, within seventy two hours, not
including Saturday, Sunday or holidays, to procure a
license for such dog. Failure of such owner, possessor
or harborer to appear and procure such license may
result in the issuance of an ordinance violation by the
Village of Franklin or its designee for a violation of
Section 612.09.
(Ord. 169. Passed 10 26 89.)
612.20 ISSUANCE OF CITATIONS.
The Village of Franklin or its designee is hereby
authorized, upon witnessing a violation of this chapter,
in addition to seizing and impounding the dog, to issue
to the owner, possessor or harborer of such dog a
violation citation, which shall include the date, time
and location of the offense and the applicable section
number of this chapter of which the owner, possessor or
harborer of such dog is in violation, wherein the
Village of Franklin or its designee has determined that
the owner, possessor or harborer of such dog has been in
violation of the same offense one or more times within
the previous one year period.
(Ord. 169. Passed 10 26 89.)
612.21 KEEPING OF ANIMALS; KENNELS; DOMESTIC PETS.
(a) No person shall keep or maintain animals in any zone
of the Village, except that for each dwelling unit the
occupant may keep for his or her personal use domestic
pets so long as they are not kept or used for breeding
or commercial purposes and do not constitute a kennel as
below defined.
(b) As used in this section:
(1) "Kennel" means any land area on which three or more
animals, including offspring if more than sixty days
old, are permanently or temporarily quartered.
(Ord. 103. Passed 9 8 69.)
(2) "Domestic pet" means an animal normally maintained
within a dwelling, plus horses, but excluding those
animals customarily raised as livestock, maintained for
purposes of performing some task or burden, normally and
typically raised or used for consumption and wildlife.
However, no domestic pet shall be maintained on any
property in such a fashion as to create unsightliness,
an odor or noise nuisance, drainage problem or a public
health or safety hazard, or in such a way as to be
detrimental or harmful to the safety and well being of
the domestic pet.
(Ord. 156. Passed 10 29 87.)
612.22 LARGE ANIMALS.
(a) This section shall be known as the Village of
Franklin large animal ordinance and shall apply to the
keeping of horses and similar animals which are not
normally kept within a residential structure.
(b) No horse or other large animal shall be kept or
maintained upon any property within the Village of
Franklin unless there shall be a minimum of one acre of
pasture or unobstructed land for such animal. Such
pasture shall be exclusive of any buildings or
structures, including driveways, sheds, utility
facilities or other types of structures with the sole
exception of stables. Not more than two such animals,
including offspring kept for more than ninety days,
shall be kept per dwelling unit irrespective of acreage.
All large animals living on property in the Village of
Franklin as of the time of the enactment of this
section, regardless of number per dwelling unit, shall
be permitted until the animal no longer lives on the
property.
(c) The acreage which is provided for the keeping of a
horse or other large animal shall be enclosed by a fence
which shall be a minimum of four feet in height and
shall not exceed six feet in height, which shall be made
of wood and shall be consistent with the ordinances of
the Village of Franklin. The fences constructed after
enactment of this section shall be set back a minimum of
ten feet from the property line.
(d) No person owning, keeping or maintaining any horse
or similar animal shall permit such loud and
unreasonable noises or noxious and constant odors to
emanate from the property where such animal is kept in
such a manner so as to cause an unreasonable
interference with the rights, enjoyment and quietude of
surrounding properties.
(e) No person keeping such horse or large animal shall
cause the conditions of keeping such animal to lead to
the deterioration of the health and well being of any
such animal, nor abandon such animal or keep it without
adequate care or permit an aged, diseased, maimed, sick
or disabled animal to suffer unnecessary torture or
pain; nor shall such animal be kept or maintained
without providing sufficient food, water, shelter and
medical attention in order to maintain such animal in a
state of good health.
(f) No person keeping or maintaining a horse or a
similar animal within the Village of Franklin shall
permit such animal to enter upon the property of another
without the consent of such property owner, nor
knowingly or willingly permit such animal to deposit or
leave excrement upon the private property of another.
(g) The Village of Franklin may employ an Animal Control
Officer or designate such other person to enforce and
administer the provisions of this section, who shall be
invested with such powers by approval of the Village
Marshal and Village Council as are necessary for the
purpose of enforcing the provisions of this section.
(Ord. 181. Passed 9 14 92.)
(h) All horses shall be confined as provided in
subsection (c) hereof unless they are being led or
ridden on public lands.
(Ord. 103. Passed 9 8 69.)
(i) All large animals living on property in the Village
as of the date of the enactment of this section
(Ordinance 181, passed September 14, 1992), regardless
of the number per dwelling unit, shall be permitted
until the animal no longer lives on the property.
612.23 STABLES.
(a) Stables erected after the enactment of this section
shall not be located closer than fifty feet from any
side lot line or twenty five feet from the rear lot line
of any adjoining property. Where the side and/or rear
lot lines are not positively identifiable, as on a
vacant corner lot, the greater distance shall apply.
(b) Public stables are specifically prohibited in the
Village of Franklin.
(c) As used in this section, stables are defined as
follows:
(1) A private stable is a structure or building for the
keeping of horses for the non commercial use of the
occupants of the adjoining dwelling unit and shall not
include the boarding or keeping or horses for other than
the occupants of said dwelling unit.
(2) A public stable is any stable other than a private
stable as defined herein.
(Ord. 103. Passed 9 8 69.)
612.99 PENALTY.
(EDITOR'S NOTE: See Section 202.99 for general Code
penalty if no specific penalty is provided.)
