GALIEN TOWNSHIP – ORDINANCE 21 – ANIMAL NUISANCE ORDINANCE

GALIEN TOWNSHIP
COUNTY OF BERRIEN
STATE OF MICHIGAN

THE GALIEN TOWNSHIP ANIMAL CONTROL, ANIMAL ODOR, AND
AND ANIMAL NUISANCE ORDINANCE
ORDINANCE NO. 21

An Ordinance to advance the health, safety, and welfare of Township residents by
preventing and prohibiting domesticated dogs and cats from becoming a nuisance
to the general pubic by dogs and cats being at large and not under their owner’s
control, by regulating the maximum number of dogs and cats an owner can house
at a premises, to prevent the creation of unpleasant odors that originate from the
owner’s property, and to prohibit the creation of noise that exceeds the boundaries
of the owner’s property such that it becomes a nuisance to others.
GALIEN TOWNSHIP ORDAINS:
Section One. Definitions.
“Cat” refers to any member of the feline family .
“Dog” refers to any member of the canine family.
“Owner” means a person who has possesses, keeps, or harbors a dog or a cat
for a period of seven (7) or more consecutive days.
“Reasonable proximity” shall be defined as 50 feet.
“Running at large” mean s any dog or cat that is not confined or secured on the
owner’s premises, or not on a leash and under the control and supervision of
the per son holding the leash, who must be capable of res training the dog or
cat at all times.
A dog and/ or a cat shall NOT be at large if it is:
a.) Securely confined in a vehicle which is adequately ventilated; or
b.) Being exhibited in a show; or
c.) Under the supervision of a police officer while conducting police business.
“Township” shall mean Galien Township.
Section Two. Maximum Number of Dogs and Cats.
A person residing in Galien Township may keep or house a maximum of three
dogs and/ or a maximum of five cats which are over the age of four (4) months at
any given premises, with the exception of any kennel which has been granted a
special use permit.
Section Three. Running At Large.
1. No dog or cat owner shall permit his or her dog or cat to run at large within the
Towns hip. A dog or cat running at large more than three times in one 12-month
period shall be deemed to be a nuisance.
2. A dog or cat owner is required to confine or secure his or her dog or cat within
the limits of the owner’s property .
Section Four. Odor Control.
It shall be unlawful for any owner keeping or housing any dog and/or cat to fail to
keep the premises where such dog and/or cat ar e kept or housed free from offensive
odors to the extent that such odors are disturbing to any person residing
within reasonable proximity of the said premises; further, it shall be unlawful to allow
such premises where a dog and/or cat are kept or housed to become unclean
and a threat to public health by failing to diligently and systematically remove all
animal waste from the premises.
Section Five. Loud Barking.
It shall be unlawful for any owner to house or keep on his or her premises or under
his or her control any dog which, by loud and frequent barking or howling, shall
disturb the peace and quiet of any persons or businesses in separate dwellings or
locations who may reside within a reasonable proximity of a place where such dog
is housed. When the keeper of such a dog is convicted of violating the provisions
of this section for a second or subsequent time, an order may be entered requiring
the owner to remove the dog from the premises in order to abate an ongoing
nuisance.
Section Five. Violation as a Municipal Civil Infraction.
1. Any person who violates any of the provisions of this Ordinance shall be responsible
for a municipal civil infraction and shall be subject to a fine of not less
than One Hundred Dollar and no/100 ($100.00) Dollars, plus costs, damages, expenses
and other sanctions as herein provided, for each civil infraction.
2. A subsequent or repeat violation by the same individual of the same alleged
violation within six (6) months shall carry a fine of not less than One Hundred and
no/100 ($100.00) Dollars nor more than Three Hundred and no/100 ($300.00) Dollars,
plus costs, damages, expenses and other sanctions as herein provided.
Section Six. Authorization to Enforce.
Authorize d Municipal Officials for the purpose of issuing municipal civil infraction
citations and municipal civil infractions notices under the provisions of the ordinance
shall, in addition to any police officer, include the following: the Township
Code Enforcement Officer and the Township Zoning Administrator.
Section Seven. Severability.
In the event that anyone or more sections, provisions, phrases or words of this
Ordinance shall be found to be invalid by a court of competent jurisdiction, such
holding shall no t affect the validity or the enforceability of the remaining sections,
provision s, phrases or words of this Ordinance.
Section 13. Effective Date.
This Ordinance shall become effective seven (7) days after publication.
AYES: J. Mast, K. Truhn, J. Richter, B. Williams
NAYS: M. Kinne
Absent: 0
ORDINANCE DECLARED ADOPTED
Date:12/19/2018
Jennifer Richter, Clerk
THE GALIEN TOWNSHIP ANIMAL CONTROL, ANIMAL ODOR, AND
AND ANIMAL NUISANCE ORDINANCE
ORDINANCE NO. 21
An Ordinance to advance the health, safety, and welfare of Township residents by
preventing and prohibiting domesticated dogs and cats from becoming a nuisance
to the general pubic by dogs and cats being at large and not under their owner’s
control, by regulating the maximum number of dogs and cats an owner can house
at a premises, to prevent the creation of unpleasant odors that originate from the
owner’s property, and to prohibit the creation of noise that exceeds the boundaries
of the owner’s property such that it becomes a nuisance to others.
GALIEN TOWNSHIP ORDAINS:
Section One. Definitions.
“Cat” refers to any member of the feline family .
“Dog” refers to any member of the canine family.
“Owner” means a person who has possesses, keeps, or harbors a dog or a cat
for a period of seven (7) or more consecutive days.
“Reasonable proximity” shall be defined as 50 feet.
“Running at large” mean s any dog or cat that is not confined or secured on the
owner’s premises, or not on a leash and under the control and supervision of
the per son holding the leash, who must be capable of res training the dog or
cat at all times.
A dog and/ or a cat shall NOT be at large if it is:
a.) Securely confined in a vehicle which is adequately ventilated; or
b.) Being exhibited in a show; or
c.) Under the supervision of a police officer while conducting police business.
“Township” shall mean Galien Township.
Section Two. Maximum Number of Dogs and Cats.
A person residing in Galien Township may keep or house a maximum of three
dogs and/ or a maximum of five cats which are over the age of four (4) months at
any given premises, with the exception of any kennel which has been granted a
special use permit.
Section Three. Running At Large.
1. No dog or cat owner shall permit his or her dog or cat to run at large within the
Towns hip. A dog or cat running at large more than three times in one 12-month
period shall be deemed to be a nuisance.
2. A dog or cat owner is required to confine or secure his or her dog or cat within
the limits of the owner’s property .
Section Four. Odor Control.
It shall be unlawful for any owner keeping or housing any dog and/or cat to fail to
keep the premises where such dog and/or cat ar e kept or housed free from offensive
odors to the extent that such odors are disturbing to any person residing
within reasonable proximity of the said premises; further, it shall be unlawful to allow
such premises where a dog and/or cat are kept or housed to become unclean
and a threat to public health by failing to diligently and systematically remove all
animal waste from the premises.
Section Five. Loud Barking.
It shall be unlawful for any owner to house or keep on his or her premises or under
his or her control any dog which, by loud and frequent barking or howling, shall
disturb the peace and quiet of any persons or businesses in separate dwellings or
locations who may reside within a reasonable proximity of a place where such dog
is housed. When the keeper of such a dog is convicted of violating the provisions
of this section for a second or subsequent time, an order may be entered requiring
the owner to remove the dog from the premises in order to abate an ongoing
nuisance.
Section Five. Violation as a Municipal Civil Infraction.
1. Any person who violates any of the provisions of this Ordinance shall be responsible
for a municipal civil infraction and shall be subject to a fine of not less
than One Hundred Dollar and no/100 ($100.00) Dollars, plus costs, damages, expenses
and other sanctions as herein provided, for each civil infraction.
2. A subsequent or repeat violation by the same individual of the same alleged
violation within six (6) months shall carry a fine of not less than One Hundred and
no/100 ($100.00) Dollars nor more than Three Hundred and no/100 ($300.00) Dollars,
plus costs, damages, expenses and other sanctions as herein provided.
Section Six. Authorization to Enforce.
Authorize d Municipal Officials for the purpose of issuing municipal civil infraction
citations and municipal civil infractions notices under the provisions of the ordinance
shall, in addition to any police officer, include the following: the Township
Code Enforcement Officer and the Township Zoning Administrator.
Section Seven. Severability.
In the event that anyone or more sections, provisions, phrases or words of this
Ordinance shall be found to be invalid by a court of competent jurisdiction, such
holding shall no t affect the validity or the enforceability of the remaining sections,
provision s, phrases or words of this Ordinance.
Section 13. Effective Date.
This Ordinance shall become effective seven (7) days after publication.
AYES: J. Mast, K. Truhn, J. Richter, B. Williams
NAYS: M. Kinne
Absent: 0
ORDINANCE DECLARED ADOPTED
Date:12/19/2018
Jennifer Richter, Clerk