Tuesday, November 12, 2013

Should Shelter Dogs Be Sold In Pet Shops?


Should Shelter Dogs Be Sold In Pet Shops?


Consider the Fallout

The city of Los Angeles has outlawed the sale of pets in the city's pet shops. The City opposes commercial breeders, the source of most pets for sale in the shops. Even though those commercial breeders are inspected by USDA, the City is of the opinion that the puppies, kittens and bunnies are not properly raised or adequately socialized. Granted based on the law of averages, some of those animals will not be healthy.
However if a pet shop consistently receives sickly animals from a breeder/broker the shop owner will find another source for his inventory.
There has been some talk in Los Angeles about allowing pregnant impounded dogs to whelp their litters so the shelters will have a good supply of puppies available for placement. Hmmm.... I somehow doubt that the accommodations for shelter newborns would be any different from the conditions provided by the commercial breeders. In fact I seriously doubt many shelters could pass USDA kennel requirements for dogs and specifically those for mothers and newborns.
Now the City is suggesting that the pet shops be allowed to "stock" animals from the city's crowded shelters in an effort to reduce the euthanasia rates and get more pets into loving homes.

HAVE THEY LOST THEIR MINDS?
I see disaster and liability issues all over this plan. If shop owners have any idea what most shelter dogs are like, they will say "Thanks, but no thanks".
Before anyone concludes that I am anti-rescue dogs, let me introduce myself. My name is Dana Johnson and I manage a Doberman Pinscher re-homing facility (commonly referred to as a Rescue) from my 10 acre property in Northern California. The majority of dogs here originated in California shelters and were there as unclaimed strays or Owner Turn-ins. The owner relinquished dogs are often there because the owners moved but most are dumped because of aggression or other unacceptable behavior like escaping or barking.
Other pets are given up because they need expensive medical care the owners cannot afford.  One of my first concerns with this plan is that while cutsie puppies and kittens sell quickly from a store because they are young and innocent, the available adult dogs from shelters are not going to have that appealing, "I wanna be your best friend" look. No doubt the shelters will pass along some puppies and kittens but for the most part the majority of dogs sheltered are young adult to middle aged dogs with unknown history. Often simple actions will set off undesirable and sometimes dangerous behavior.
 
Some are nervous around children, some don't trust people wearing hats, and others are afraid of men with beards.
A perfect example of hidden trigger points is a pleasant Doberman female I placed with a retired couple who had owned Dobermans before. All went well other than sometimes in the evening the dog would stare at the husband snarling and growling. I of course requested they return the dog but they decided to figure it out. Turns out the husband occasionally had a cocktail before dinner and that brought on the dog's behavior.  Since she was never hand shy or acted as if she had been directly abused, we could only guess that she had witnessed domestic violence in a prior home. This trigger was not known because no one here drinks.

Here are just some of the real concerns with this plan:
 
 
1. Who chooses which dogs go to the shops – the shelters or the shop owners?
2. The appealing dogs in shelters will be placed as always from the shelter. The dogs in danger of being put down are the ones with age, health, or behavioral issues. It is unlikely that they will fare any better in a pet shop than they did in a shelter.
 


3. Is the City Council aware that probably 75% of the LA City shelter animals are pit bulls or Chihuahuas? Not every potential dog owner wants a pit or Chihuahua type of dog. 
 
4. Do pet shops have employees savvy enough to manage adults dogs with issues?
 
5. What happens to the dog if it languishes in the shop for weeks or months?

6. Who's insurance will pay out if an adult dog reacts inappropriately because of stress?

7. What sort of monetary plan is there? Do the shops "buy" from the shelter and then add sufficient amounts to cover their anticipated expenses of food, grooming, extra employees to manage the necessary training and exercise needed to make the adult dogs "saleable"??

 
8. What happens to the dog if the buyer returns it? Is the shop stuck with a dog that ate the couch or will the dog go back to the shelter?
 

Adult dogs from shelters should be the last choice for Pet Shops

Shelter puppies and/or kittens, maybe yes, but adults – no way...... Adult dogs are not good candidates for the impulse buying “how much is the doggie in the window” public. Life in a busy pet shop, would be too stressful for most adult shelter dogs.

Many shelter dogs are labeled “rescue only” because their kennel stress is such that they won’t show well on the public access “adoption floor”. They certainly would not show well in a busy store. Few pet shop employees will have the skills necessary to work with a shelter dog's mental baggage.

 
Anyone looking to acquire an adult dog will be wanting something that has some manners. Few dogs in the shelter system walk well on a leash, know what "sit" means, or are housetrained. Buyers are not looking to take on a labor intensive project. If they are considering an adult dog they want it ready to go so to speak. It is a pretty safe bet that the shelters aren't going to obedience train the dogs prior to placing in pet shops. By the same token, the pet shops aren't likely to be interested in dogs that will require a minimum of 4 to 6 weeks of training before they possibly will be appealing to potential buyers.


Have the designers of this disastrous plan given any thought to the liability issues involved? Puppies and kittens from commercial breeders are blank slates and are unlikely to react aggressively to poking fingers and squealing children running about the store. If adult dogs with unknown history are placed in a busy environment they will most likely react in one of two ways – retreat and shut down because of the stress, or lash out and possibly bite in self defense or fear. I'll bet the Pet Shop insurance carriers are gonna be thrilled with this liability risk.


Something else that isn't clear to me is who's dogs are they – really... Are they still going to be the property of the city shelter system and the pet shop will be their "agent"? Will the shelter take the dogs back if the shop owner deems the dog unsalable? How long do they think it will take to find buyers for these dogs? If the dogs fail in the pet shop environment and return to the shelter, they likely will be euthanized. Nothing will have been gained other than subjecting a dog to more stress.


Oh, and who will be responsible for the spay/neuter expenses? After 4 months of age all dogs in CA are required to have a Rabies vaccination. Will the shelters spay/neuter the animals and vaccinate against rabies before they turn the dogs over to the pet shop to sell? The shelters certainly shouldn't release the dogs intact and without Rabies vaccinations. To do otherwise would be a violation of current CA law. I wonder how they plan to recoup those expenses?


Perhaps the powers-that-be have anticipated the above noted concerns and have a plan in mind, but there is one very important player in this whole scenario that we haven't heard from:



THE DOG
There seems to be no consideration for the emotional damage that will be done to a dog that was abandoned, abused or neglected in its original home, and who perhaps lived out of dumpsters for a while, and then was slammed into a kennel in a building with hundreds of other confused dogs, and ultimately be shifted to a pet shop’s busy environment. Some can never recover from these experiences or if they do, it is after weeks and months of care, training, and confidence building.
But, hey, it seems that in Los Angeles and other cities contemplating similar action, the dog is simply collateral and a product to be sold with no consideration for what is in the best interest of the dog. I guess... who cares.... it’s out of the shelter and that was the intent, correct?..... who cares if all this has totally destroyed the dog’s emotional stability..... it’s not in the shelter any more and they are all high-fiving each other for emptying the shelters..... until it returns as a runaway, a biter, or not suitable for family life.
Euthanasia is not always the worst prognosis.
LA City Fallout
DJ/11/12/13
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 




 
 
 
 
 
 
 
 




Friday, December 5, 2008

Index to BLOG 12/08

INDEX TO BLOG OUTLAWS

This blog is aimed at the kennel portion of the Michigan Dog Law of 1919.
The link to the right for Shiawassee County is aimed at the individual dog license and other aspects of the Michigan Dog Law of 1919, while written a lot about Shiawassee County, most of it applies to any county in Michigan.

For best viewing, use the above link as home base for this blog.

It will direct you to everything that is available on this blog and some other stuff, too.

I hope in a more logical way than just trying to follow the chronological way they were added.

I suppose, either way works.

Comments are welcome.I

If the "index" isn't a lot of help, I should quit putting so much time and effort into it.

WildnWacky Ordinances

click to enlarge

These are some counties that have outrageous Animal Control Ordinances.I call them "WildnWacky".





Kent County Michigan Ordinance
Their kennel ordinance definitely contravenes the dog law of 1919.
How do these people think they have the authority to do this?
They don't, but "we" let them get away with it. Shame on us.

Wednesday, December 3, 2008

Kennel fees 2009

Kennel Fees 2009

click to enlarge
Well, at least the ones that had info available online and is mostly in violation of the dog law.

It is truly amazing the deviations 'they' can come up with, and, of course, all the deviations violate the dog law. Shame, shame on them.

Also, shame on the people who let them get away with this kind of crap.

MCL 287.270 “Kennel” defined; kennel license; fee; tags; certificate; rules; inspection; exception.

Spells it out quite clearly.






Friday, December 21, 2007

Genesee Mt. Morris

Mt. Morris Township should provide own animal control

.Posted by The Flint Journal Letter to the Editor November 08, 2007 08:59AM
Categories: Clio, Letters, Weekly

With regard to the article "Dogs seized" [Local News, Oct. 5, Page A3], I don't understand why the Genesee County Animal Control is enforcing the township ordinance. Wouldn't it seem that Mt. Morris Township is required to provide its own enforcement?
.
Also, wouldn't it seem like limiting the number of dogs a person has is unconstitutional?

It's too bad these rescue groups can't get together and challenge these illegal ordinances.

That ordinance is more in violation of the law than that woman could ever be.

Kay Lorraine-Lauro, Owosso

Friday, October 19, 2007

Ingham Resolution

I'm assuming this didn't work, but it's the thought that counts!


ADOPTED - JULY 27, 2004
Agenda Item No. 54

Introduced by Commissioner Andy Schor, Chairperson, Law Enforcement Committee of the:


INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION REQUESTING AN AMENDMENT TO THE DOG LAW OF 1919

RESOLUTION #04-241

WHEREAS, it is believed that approximately 70% of dogs eligible for licenses in Ingham County are not licensed; and
WHEREAS, unlicensed dogs may pose a threat to the health and safety of the public; and

WHEREAS, if a licensed dog is found, the owner may be located and contacted; and

WHEREAS, a license ensures that a dog is rabies vaccinated; and

WHEREAS, a license provides proof that a dog is legally owned; and

WHEREAS, Ingham County desires to further improve the licensing process and enhance public compliance; and

WHEREAS, increased licensing could be brought about through an ordinance that ties licensing to the provision of veterinary services, specifically rabies vaccinations; and

WHEREAS, an amendment to the Dog Law of 1919 is necessary for Ingham County to enact such an ordinance.

THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners request the Michigan Legislature to amend the Dog Law of 1919; MCL 287.290 Section 30, as follows by adding the bolded language to the section below:

A city, village or township by action of its governing body may adopt an animal control ordinance to regulate the licensing, payment of claims and providing for the enforcement thereof. A city, village, county or township adopting a dog licensing ordinance or ordinances shall also require that such application for a license, except kennel licenses, shall be accompanied by proof of vaccination of the dog for rabies by a valid certificate of vaccination for rabies, with a vaccine licensed by the United State Department of Agriculture, signed by an accredited veterinarian.

A County Board of Commissioners may pass a resolution requiring veterinarians within the county who administer rabies vaccinations to dogs to provide a description of the dog(s) and the owner(s) name and address. The resolution may require such veterinarian(s) to provide that information no more than twenty (20) days after administering the rabies vaccination. The County Board of Commissioners may provide for a civil penalty not to exceed $100.00 per dog for veterinarians who fail to comply.


BE IT FURTHER RESOLVED, that the County Clerk is directed to send a copy of this resolution to the County’s legislative delegation, the Governor, and the Michigan Association of Counties.

http://www.ingham.org/bc/BC/INDEX/2004/04-241.htm

========================================


It isn't enough they already have the verterinarians do their dirty work for them, guilt selling licenses, now they want to turn veterinarians into their own private dog police snitches. Somehow I don't think the vets would go for that.

They actually tried to do this!!!!!!!!!!!!! WHEREAS my ASS!!!!

Thursday, October 18, 2007

Bay County Michigan

50.407 Kennel license; rules; application of section.
Sec. 7. Any person who owns, keeps or operates a kennel shall on or before July 1 of the year following such ownership obtain a kennel license from the Treasurer and shall be subject to the following rules:

(d) The Animal Control Officer shall not issue to any person a kennel license unless such person complies with this Ordinance and the laws of the State of Michigan, including but not limited to Michigan Department of Agriculture Regulation No. 129 governing dog kennels, PA 339 of 1919, being MCLA 287.261-293; MSA 12.511-543 and obtains the written approval for the issuance of a kennel license from the appropriate township, village, and/or city zoning administrator.
(e) The fees for said kennel license shall be
fifteen dollars($15.00) for three (3) to five (5) dogs,
twenty-five dollars ($25.00) for six (6) to ten (10) dogs,
forty dollars ($40.00) for eleven (11) to fifteen (15) dogs, and
twenty dollars ($20.00) for each additional ten (10) dogs,
unless changed from time to time by a resolution or motion of the Board of Commissioners.

Friday, March 9, 2007

Admin Rule 285 129 1

DEPARTMENT OF AGRICULTURE
ANIMAL INDUSTRY DIVISION
REGULATION NO. 129. DOG KENNELS
.

(By authority of section 10 of Act No. 339 of the Public Acts of 1939, as amended, being S287.270 of the Michigan Compiled Laws)
R 285.129.1 Dog kennels.
Rule 1. (1) The following rule is hereby established to be effective on and after April 22, 1946:
(a) Any dog kennel which under Michigan state law is to be covered by a license shall be of such construction as will adequately and comfortably house any dogs kept therein at any season of the year. The buildings, including walls and floors, shall be of such construction as to be readily cleaned, and kennels and yards connected therewith used to confine kennel dogs shall be kept cleaned and free from accumulation of filth, mud, and debris.
(b) All dogs kept or maintained in connection with such kennels shall be furnished with a clean, fresh water supply and adequate and proper food to maintain such animals in a normal condition of health.
(c) The necessary inspections to be made under this rule to determine whether the same has been complied with shall be made by the dog warden, if there be one, otherwise by such person as may be appointed by the board of supervisors or the legislative body of the government unit involved. If no such appointment is made and in effect in any county, city, or village, then such inspection shall be made on behalf of the commissioner of agriculture by the sheriff or chief of police.
(d) In all cases, upon such inspection being satisfactory, a certificate of inspection shall be signed by such inspector on behalf of the commissioner of agriculture as required by the act.
(2) The provisions of this rule shall not be effective in the counties of this state that are operating under the provisions of section 16 of Act No. 79 of the Public Acts of 1933, being S287.276 of the Michigan Compiled Laws, wherein the board of supervisors have appointed a county dog warden with certain powers and duties, unless such counties by a resolution duly adopted by the board of supervisors accept the provisions of Act No. 245 of the Public Acts of 1945, being S287.261 et seq. of the Michigan Compiled Laws.
History: 1944 ACS 6; 1954 AC; 1979 AC.

Monday, February 26, 2007

Macomb County Michigan

Macomb County Michigan - Outlaws

Kennel License Fees

$24 for 10 dogs
$59 for more than 10 dogs.

December 2008
$45 for 10 dogs
$60 for more than 10 dogs
.
Macomb County Animal Control fees

http://www.macombcountymi.gov/publichealth/animalcontrolfees.htm

Montcalm County Michigan

Montcalm County Michigan - Outlaws

Kennel license fees

$35 for 10 dogs
$50 for more than 10 dogs

December 2008 kennel license fees are not on their website
but they do have new individual dog license fees
.
Montcalm County Animal Control

http://www.montcalm.org/animalshelter.asp

Newaygo County Michigan

Newaygo County Michigan - Outlaws

.
Kennel license fees are:
.
$10 for 10 dogs
$25 for 11-20 dogs,
$25 for 20 +
and $30 for Boarding.

Then they have an inspection fee:

$40 for 10 dogs
$75 for 11-20 dogs
$125 for 20+ dogs.
.
Newaygo County Animal Control
.
http://www.countyofnewaygo.com/AnimalControl/ACHome.htm

Ottawa County Michigan

Ottawa County Michigan - Outlaws
.
charges an inspection fee of $25 for each visit???
.

I'm not even sure what that means. How many visits could that possibly be?


December 2008 nothing on their website about kennels

http://www.miottawa.org/CourtsLE/Sheriff/animalcontrol.htm

only individual dog licenses

https://www.miottawa.org/DogLicense/showFees.do


Saginaw County Michigan

Saginaw County Michigan - Outlaws
.
charges an annual inspection fee of $35 for kennels.

Sanilac County Michigan

Sanilac County Michigan - Outlaws
.

charges $35 for 10 dogs and $65 for more than 10 dogs.

.

http://www.sanilaccounty.net/documents/treasurer/DOG_LICENSING/Dog_Licenses.pdf

December 2008 that link doesn't work anymore

http://www.sanilaccounty.net/PublicPages/Entity.aspx?ID=191
Says veterinarians no longer sell dog licenses
charge for replacement tags
No info on kennels or license fees.
But I had them before
Treasurer’s FAQ
How do I go about purchasing a kennel license?
Contact the Animal Control Department at (810) 648-4831.

Sunday, February 25, 2007

Ingham County Michigan Kennel Licenses

Ingham County Michigan Kennel Licenses - OUTLAWS

Ingham County kennel license fees are in line with the Michigan Dog Law of 1919, but then they tack on an "inspection fee" and require a kennel license where the law states "in lieu of individual licenses".
.
From their outrageously illegal Animal Control Ordinance:
.
"Section 8. ................ In addition to the kennel license fee a inspection fee shall be charged for every inspection of a kennel at a rate of $20.00 for ten (10) or less dogs and $25.00 for more than ten (10) dogs. Failure to obtain such kennel license shall be punished as set forth in Article X, of this Ordinance."

That appears to have been increased at least once:

MAY 24, 2005 REGULAR MEETING

Animal Control Ten Dog Kennel Inspection Fee 42.00
Animal Control Over Ten Dog Kennel Inspection Fee 48.00
.
Update from their website December 2008
.
Animal Control Ten Dog Kennel Inspection Fee $90
Animal Control Over Ten Dog Kennel Inspection Fee $100
.
http://www.ingham.org/AC/Licensing.HTM

Then there is this from the minutes of the board of commissioners meetings:

MAY 11, 2006
c) The Animal Control department agreed with all initial proposed fees except for the Kennel Inspections. The department has restructured the Kennel Inspection format to ensure the kennels licensed in Ingham County are providing adequate conditions as dictated by the State of Michigan. More staff time and paperwork is now dedicated to complete the inspections and observations and meticulous report writing is now required. The required resources have more than doubled as compared to a year ago.
.
Excuse me..excuse me.......... what a load of crap! These people invent a way to extricate money out of kennel owners, go 'around' the law (basically because they think a kennel should pay more than the law allows) now they figure out ways to "double the cost"??? Meticulous report writing INDEED! CRAP. NOTHIN' BUT CRAP!
.
More of interest from Ingham County:
.
INGHAM COUNTY especially annoys me, sitting right there under the wings of Michigan State government. Just absolutely disgusting!

Iron County Michigan

Iron County Michigan - Outlaws

kennel license is $20 per 10 dogs. nope not anymore-greedy suckers!
.
per their website 12/2008

kennel license is $40 per 10 dogs

Just mild confusion there.

Kinda stretches that "mild confusion" a bit.

Iron County Animal Control

http://www.iron.org/edc/gov-sheriff-animal-control.php

Kalamazoo County Michigan

Kalamazoo County Michigan - OUTLAWS
has amongst the higher individual dog license fees
at $8 for altered and $25 for unaltered ..update 12/2008
at $10 for altered and $30 for unaltered
(there are only 4 counties higher-now only 2)
I don't see where they have their own ordinance, so they must be enforcing the Dog Law of 1919, at least in theory. What they have written on their website makes no claim to be an "ordinance" nor does it refer to the Dog Law of 1919. They charge for a replacement tag, which violates the Dog Law of 1919.
Then there is the Kennel license page..........
http://www.kalcounty.com/ac/kennels.htm

The county does have the correct kennel license fees.
After that....what a piece of work this is!!!!!!!!
.
Then they tack on these kennel inspection fees

3-10 dogs $40
11-30 dogs $65
31 + dogs $105

These people just can’t stand it. They have to add something of their own!

They add this, as well.

Kennel License inspections and sales are done in the month of May. If you did not have a kennel license the previous year, than you must notify Kalamazoo County Animal Services of your request for a Kennel License in April. Bullshit! You may apply at any time, it is the law!

If you did not have a kennel license for the previous year, you must first check with your local Township Office to make sure that the Township will allow you to operate a kennel at your location, and provide written permission for a kennel from your Township. Bullshit! The township has nothing to do with it, it is the law! The law says the treasurer shall issue the license and there is nothing in the law that gives the treasurer authority to do anything else! Call this abuse of authority by an elected official.
.
First time Kennel operators applying for a Kennel License, must have all dogs on the property currently licensed by March 1st . Bullshit! You apply at any time! Any dogs on the property without a current license between March 1st and the date of a Kennel License being issued will be considered delinquent and may be subject to the delinquent fines. Bullshit! Not if you have applied for a kennel license!

Once a Kennel License is issued, it will be valid until the same time next year.

Pardon my "French", but this is just totally outrageous! ! ! and All violations of the Michigan Dog Law of 1919.

You don’t have to wait until April and have all your dogs licensed already by then. What a piece of work. These people are really bloodthirsty! This means, according to them, you have to pay double/triple for the first year. That isn't the way it works! This is just so outrageous.

According to them you would pay
1. Indiviudal dog license fees plus (new 2008 rate makes this a bit expensive)
2. inspection fees plus
3. kennel license fees.
.
For the first year. NO...........that is not the way it works.
.
How can they possibly believe they have the legal authority to do that?
>
You may apply for a kennel license anytime during the year. If granted (and they really cannot easily refuse to grant a kennel license) that means your dogs are licensed from Jan 1 to Dec 31, irregardless of when you actually get the license. You don't have to license a dog twice in one year! IF YOU ALREADY HAVE A KENNEL LICENSE, YOU RENEW IT BY JUNE 1 AND NO INSPECTION IS REQUIRED. There is nothing in the Dog Law of 1919 that grants authority to charge an inspection fee.
.
The township has nothing to do with it. You apply to the county treasurer with inspection certificate (FOR A NEW KENNEL) and the county treasurer issues the license. That is the law! Everything else they are doing is a violation of the Michigan Dog Law of 1919!
.
Read it for yourself MCL 287.270:
.
http://www.legislature.mi.gov/(S(vfdzqn55ewp54nyvkfs3jfv0))/mileg.aspx?page=getObject&objectName=mcl-287-270
The department of Agriculture was charged with promulgating reasonable rules for kennels.
.
That would be Admin Rule 285 129 1 and that is what you are inspected for.
To see that you comply with that rule before you are issued a license for a new kennel.
.
------------------------------------------------
I FOIA'd the county treasurer for a copy of the list of kennel owners.
This is what came back.
.
Please send your request to Animal Services & Enforcement: www.kalcounty.com/ac

They will be able to reply to your request.
.
Sharon A Cubitt
Kalamazoo County Treasurer
1-269-384-81341-269-383-8905
.
Under the Freedom of Information Act, as amended, I am requesting a copy of the list of kennel licenses for Kalamazoo County.

email is fine, if available.....save the postage
---------------------------
Apparently, in Kalamazoo County kennel licenses are not the responsibility of the treasurer. WRONG............that is the job of the treasurer, it is the law.

Monday, February 19, 2007

Amendment to the Dog Law of 1919

Amendment to the Dog Law of 1919 PA 551 of 2006
of all the things that could have been, should have been, our glorious legislatures adopted this piece of crap. What this does is get us used to the idea so they can make it mandatory later on. Effective March 30, 2007.


Act No. 551
Public Acts of 2006
Approved by the Governor
December 28, 2006
Filed with the Secretary of State
December 29, 2006
EFFECTIVE DATE: March 30, 2007
STATE OF MICHIGAN
93RD LEGISLATURE
REGULAR SESSION OF 2006


Introduced by Reps. Bieda, Alma Smith, Vagnozzi, Wojno, Condino, Gonzales, Lipsey, Spade, Steil, Amos, Gleason, Hune, Gaffney, Vander Veen, Drolet, Brandenburg, Zelenko, Leland, Phillips, McDowell, Sheen and Hood
ENROLLED HOUSE BILL No. 5278
AN ACT to amend 1919 PA 339, entitled "An act relating to dogs and the protection of live stock and poultry from damage by dogs; providing for the licensing of dogs; regulating the keeping of dogs, and authorizing their destruction in certain cases; providing for the determination and payment of damages done by dogs to live stock and poultry; imposing powers and duties on certain state, county, city and township officers and employes, and to repeal Act No.347 of the Public Acts of 1917, and providing penalties for the violation of this act," (MCL 287.261 to 287.290) by adding section 14a.
The People of the State of Michigan enact:
Sec. 14a. (1) When issuing a dog license pursuant to section 14, a county treasurer, city clerk, city treasurer, township treasurer, or the authorized agent of a city or township treasurer, including, but not limited to, a licensed veterinarian, an animal control shelter, or an animal protection shelter, shall also provide information to the dog owner regarding both of the following:
(a) The availability of microchip implantation and registration for dogs by a licensed veterinarian, an animal control shelter, or an animal protection shelter.
(b) The availability of a statewide tattoo identification registry for dogs maintained by the state department of agriculture.
(2) As used in this section, "animal control shelter" and "animal protection shelter" mean those terms as defined in section 1 of 1969 PA 287, MCL 287.331, and are facilities registered with the state department of agriculture pursuant to section 6 of 1969 PA 287, MCL 287.336.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
approved by the Governor 12/28/2006 @ 5:04 PM 2006 ADDENDA

Wednesday, February 14, 2007

Van Buren County Michigan

Van Buren County Michigan - OUTLAWS

As of the 2000 census, the population was 76,263, with an area of 611 square miles.

Their animal control appears to be enforcing The Dog Law of 1919.
.
The costs of a dog license in 2008 are:
>
Sprayed/neutered dogs
1 Year $5.00 3 Year $15.00
Unaltered dogs
1 Year $10.00 3 Year $30.00
.
After March 1st date:
Spayed/neutered dogs
1 Year $15.00 3 Year $25.00
Unaltered dogs
1 Year $30.00 3 Year $50.00
.
.
Van Buren County kennel license fees really take the cake.
.
There are between 45 and 50 kennels in the county.
.
A perfect minority to victimize!
/
Up to June 1st
1 - 10 dogs: License Fee $10.00, Inspection Fee $20, Total $30
11 - 19 dogs: License Fee $25.00, Inspection Fee $25, Total $50
20 + dogs: License Fee $25.00, Inspection Fee $55, Total $80
.
After June 1st1 - 10 dogs $60.00
11 - 19 dogs $100.00
20 or more dogs $160.00
.
Kennel Licenses run June - June
.
these do violate the Dog Law of 1919

The license fee is legal, but the law does not provide for an inspection fee, nor does it provide for counties to make their own rules, regulations or policies with regard to kennels!




Keep in mind the law only allows
$10 for up to 10 dogs and
$25 for over 10 dogs

Van Buren County Animal Control Website is at

http://www.vbco.org/government0116.asp

Van Buren County doesn't appear to have their own ordinance, at least none is referred to on their webiste. This is what their website does say:
There is Clerk/Dispatcher and Kennel Staff on duty during the hours the facility is open, while three Animal Control Officers in radio-dispatched trucks. Officers cover 632 square miles of Van Buren County roads. In 1997, a dog census of Van Buren County was initiated by Animal Control and a Census Officer was hired fulltime to keep this on going year round. All domestic animal complaints are handled, ranging from the licensing of household pets to livestock running-at-large and animal cruelties. After hours and weekend calls are handled by officers using a pager, and are dispatched through the Sheriff's Department. In 2000, Animal Control handled 1852 animal complaints and 201 animal bites.

Saturday, February 10, 2007

Genesee County Michigan

Genesee County Michigan - GOOD GUYS so far, don't have kennel info yet


As of the 2000 census, the population was 436,141 in 649 square miles

Animal Control Department
G-4351 West Pasadena Avenue
Flint, MI 48504
(810) 732-1660

Monday thru Friday 10:00-4:15
Saturday 10:00-2:00

The Chief Animal Control Officer is appointed under State law by the County Board of Commissioners and is charged with enforcing animal control laws in Genesee County including protection of the public, rabies control, and impoundment of stray and unwanted animals. The Chief administers the Animal Shelter and conducts educational programs. The Animal Control Officer is directly responsible to the County Board of Commissioners. Lloyd Gerhardt, Chief Officer 732-1660

http://www.gfn.org/gopherdata/htmlgopher7-4-98/gov/Dir/dir/county/ani.html

WOW! There is a county that does it right!

Genesee County Dog License Fees are $5.00 and $15.00
Raised to $7.00 and $20.00 with $40.00 delinquent

http://www.co.genesee.mi.us/treasurer/dogs.html

I FOIA’d their budget

2003/04 $1,023,636 actual
2004/05 $1,074,659 actual
2005/06 $1,169,534 projected actual
2006/07 $877,543 adopted Budget

Hmm, they raised fees and lowered the budget,
but that is quite a budget.

It didn’t show where the revenue came from, nor how much revenue from dog licenses.
Other Genesee County stories:

Friday, January 26, 2007

Abandoned animals cost time, money

Abandoned animals cost time, money
FLINT JOURNAL LETTER TO THE EDITOR
GAINES TOWNSHIP
THE FLINT JOURNAL FIRST EDITION
Thursday, January 25, 2007
JOURNAL READER

On Jan. 14, I was walking my dog along a country road. In the field to my left I saw a tiny black kitten crouched on the carcass of a dead deer. There were no houses along this stretch. When I returned with a crate, I found that there were three tiny kittens huddled in the hollowed out rib cage of that deer carcass. They were soaked, matted, freezing and weak. If they were 4 weeks old, I'd be surprised.
To those individuals who feel compelled to get rid of their problems/annoyances by tossing them into a field to die, please consider this the next time you acquire an animal. Though the out-of-sight, out-of-mind mentality may work for an individual without a conscience, there are plenty of us whose conscience and moral upbringing demand that we deal with your irresponsible actions. You cost us time and money, and you caused a lot of grief.
Whether you care to believe it or not, every decision we make impacts the lives of others. If it is beyond your emotional ability to consider the animal that you are abusing, at least attempt to consider the human population that you mistreat and burden.
And to those who would say no one twisted my arm to deal with those kittens, please consider the difference between what is the easiest thing to do and what is the right thing to do. Looking the other way and walking on by those three kittens would be the easiest thing to do. Is it the right thing to do? No. The right thing to do is often the more difficult thing to do, but that's no excuse for not doing it.
Linda A. Yanta
Gaines Township
Great letter......................the same applies to dogs and there are plenty of them dumped off

Tuesday, January 23, 2007

OUTLAWS

INDEX TO BLOG
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I have located dog/kennel license fee information on the websites of 67 of Michigan's 83 counties.
While many cities, townships, villages and counties may have adopted their own dog/animal control ordinances which are reasonable and/or at least close to complying with the Dog Law of 1919, these are some of the counties that more blatantly contravene the State of Michigan's Dog Law of 1919 by charging excessive fees for individual dog licenses and/or kennel license fees other than what the law mandates, and/or have written their own ordinance that does contravene the Dog Law of 1919. I have not addressed the cities, villages and townships that have adopted outlaw ordinances, but I am stumbling across more and more of them. I may have to address those later. Here I am only addressing county ordinances.
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I call them OUTLAWS. At the very worst they are arrogant and ignorant county commissioners that believe they have the authority to "write any ordinance they want". At best they are just simply confused and perhaps misguided, following the lead of other outlaw county governments. MCL 46.11(j) spells out exactly that a county cannot adopt an ordinance that contravenes a law of the State of Michigan. NO, they can't write any ordinance they want.
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However, there is no provision in the Dog law of 1919 for accounting for the cost of administering the Dog Law of 1919 and so far I have found no county that can even come close to accounting for their costs. It isn't just that they won't, they can't. They do not keep their records sufficiently to be able to separate the cost. It wouldn't be that difficult to do so, they just don't do it.
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This has led to individual dog license fees from $5 to $40 (now $50) per year. A rather wild difference. Only one county charges $50. That is Muskegon County's "Vector Control" under their health department. How ridiculous!
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It is important to note that "Animal Control" is generally tasked with enforcing ALL animal related laws. But the dog license fee may only be set "sufficient to cover the costs of administering the dog law of 1919".
Michigan Laws and Regulations that the Department of Agriculture says an Animal Control Officer would be charged with enforcing. It's quite a list.
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These four counties have the highest individual dog license fees that I have identified out of the 67 counties with website information.
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. .
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7 other counties are over $20
12 counties are $20
21 counties are above $10 but less than $20
14 counties are $10
9 counties are less than $10
the average of these 67 counties being is $15.96 with the extreme high ones included in the calculation
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There are some that while their individual dog license fee is not so bad, they have gone just plain wild with their kennel license fee and "inspection fee".
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These do contravene the Dog Law of 1919. Which does provide that the Dept of Agriculture may set reasonable rules with regards to kennels, that would be Admin Rule 285 129 1
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There were quite a few that did not have kennel information on their website, but these are some that did and they do not comply with the Dog Law of 1919, which grants no authority for a local municipality to promulgate rules regarding kennels.
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Keep in mind the Michigan Dog Law of 1919 mandates

$10 for up to 10 dogs and $25 for over 10 dogs .
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There was kennel license info available on 31 county websites in December of 2008
The basics is in the spreadsheet posted.
I also identified what I have decided to call "WildnWacky" animal control ordinances on the websites of 17 counties.
Only 16 counties do not have any information available online. One of those is Wayne County and I'm thinking maybe their townships and cities take care of it.
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The Good Guys - and yes there are some
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Genesee County seems to be right up there with righteousness
But this isn't so good for Genessee County
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I'm going to wild guess that most of the counties I have not mentioned are at least acting fairly reasonable. They have reasonable fees for both individual dog licenses and kennel licenses.
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Its a shame these few are so far out of line, while the majority seem to be able to function within the law.
1
This came up during a search.. I thought it was interesting. Another example of having it both ways???
County.
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The 2007 amendment to the Dog Law of 1919 addresses providng microchipping info to dog owners. Amendment to the Dog Law of 1919

St. Joseph County Michigan

St. Joseph County Michigan - OUTLAWS
503 square miles population 63,000

now these guys don’t seem so bad.

Individual Dog Licenses are $5 & $10

$40 for delinquent seems a bit much.

I don’t know where they came up with their kennel license fees:

Less than 10 dogs $40

10-24 dogs $70

25 + dogs $110

these do violate the Dog Law of 1919

Keep in mind the law only allows $10 for up to 10 dogs
and $25 for over 10 dogs

St. Joseph County Animal Control website

http://www.stjosephcountymi.org/animalcon.htm

Muskegon County Michigan Individual Dog License

Muskegon County Michigan - OUTLAWS


Vector (Animal) Control Under the control of the Health Department. According to the U.S. Census Bureau 2004 estimate, Muskegon County has a population of 174,401 in 559 square miles.


They seem quite impressed with themselves.

This is pretty cute, they even provide a link to Michigan Dog Law of 1919.

They should try reading it themselves, especially MCL 287.289a and MCL287.266 Dog licenses; application; resolution; provisions; proof of vaccination.Sec. 6.(5) ………... The county board of commissioners may set license fees in the county budget at a level sufficient to pay all the county's expenses of administering this act as it pertains to dogs. ...........

From their website.
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"In accordance with state law, Vector Control conducts the annual sale of dog licenses which must be purchased between December 1 and March 1.

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"



omg that wasn't enough for them:


License Fees* ---As of 10/01/07-Beginning 12/01/07
Regular dog --------------$40--------------$50
Regular dog owned by a senior citizen (> 62 years)

--------------------------$20---------------$25
Altered (neutered) dog --$10----------------$5
Puppy under 7 months --$10---------------$5

,Late dog license (After March 1)

--------------------------$80---------------$85

, *Fees subject to change



( They also set the dog licenses at $40 a year for non-sterilized dogs. I don’t know when that rate went into effect. $10 for altered animals with a senior rate of $20 for unaltered.


They had a budget of $599,514.01 for 2006. That is quite an amazing budget.


Their shelter report for 2004 lists 2087 canines, 272 felines and 1 ferret taken in. That would be right around $254 per animal based on the 2006 budget.

Their shelter report for 2005 lists 1953 canines, 236 felines and 2 ferrets taken in. That would be right around $274 per animal based on the 2006 budget.


There certainly could be some variation there, as of 2/6/07 their 2006 shelter report had not been sent in. I think it is due at the end of March. But the numbers seem to run pretty close to the same in the counties I have researched. This is a reasonable guestimate.



License/permit revenue was $437,980 making that 73% of their budget. I feel compelled to always remind that these ‘shelters’ generally take in as many or more cats as they take in dogs. That is not the case with this shelter. There are significantly fewer cats taken in. So far, nobody has separated the cost of taking care of the dogs and taking care of the cats.

The Michigan Dog Law of 1919 certainly does not allow for outrageous fees like that at a level sufficient to pay all the county's expenses of administering this act as it pertains to dogs.”



It is 'interesting' to note:

Vector Control no longer provides dog adoption service. Any dog that is impounded and not claimed during the impound period will be made available at no charge to Lifeline for Pound Buddies, a non-profit animal rescue organizations that provides adoption services to the community.


Which means all county residents pay for these animals. While those people who actually receive such an animal pays nothing for it?)

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Muskegon County Animal/Vector Control dog licensing

OTHER USEFUL INFORMATION (from their website)
Legal Requirements of Owning a Dog

Muskegon County Animal & Vector Control Ordinance(this is an Acrobat file, 20 pages……and it takes a while to download – OUTLAW ORDINANCE way over the legal limits)

Healthy Pets Healthy People (Centers for Disease Control & Prevention)

National Association of State Public Health Veterinarians (NASPHV)

Muskegon County's “Vector Control” does work out of the Health Department and they sure want you to know they are looking out for your health.

They gonna protect you from all those diseases dogs carry.


Maybe the most useful is a private website:


http://www.balancedcaninetraining.com/


Very nicely done, lots of info about Muskegon County.






Ingham County Michigan Individual Dog Licenses

Ingham County Michigan Individual Dog Licenses - OUTLAWS
population 279,000 with 559 square miles

Located in the south central portion of Michigan's lower peninsula, Ingham County, the capital county of Michigan, is committed to assuring the identification and provision of services most important to its 279,000 citizens. ( their website January 2007).

Licensing Fees Effective January 1, 2007 Dog License Information (maybe that link works on a high speed line, didn't seem to on my dialup)

$40 a year for non-sterilized dogs.

The highest license fee in the state that I have found so far. Only two counties have that high a fee, Muskegan County is equal.
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For kennel licenses, there is another page for that.
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I sent a FOIA for their Budget and Shelter Reports. Wow, they are amazing. For 2006 they had a budget of $1.3 million. What on earth are they doing over there?

Department Generated Revenue was $435,000. They sold 21,894 dog licenses. That averages out to $19.87 per license. (But there could be other than dog license revenue in that figure.) I think the $40 per unaltered dog only went into effect in 2007. Previously it was $12 for altered dogs and $20 for unaltered.

Housing and care was $480,351. They took in 4902 animals, 2347 canines, 2553 felines and 2 ferrets. That means they spend $97.99 per animal. So why are they giving such great deals on their adoption fees?
Ingham County Animal Control
Sometimes these people just boggle my mind.

Enforcement was $892,080, for an ‘estimated’ 7000 complaints, or $127.44 per complaint and 19 complaints per day, 365 days of the year. Well, I guess if they want to complain all that much, they have to pay for it, right? Seems to be excessive to me.

Then they have a $1,083,539 for ‘Personnel Services’. How many people is that? Is that ALL personnel? Enforcement and care?

These figures really don’t make very good sense. But that is what they provided me with.

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Their Animal Control Ordinance goes way beyond what the Dog Law of 1919 allows.
It has also been used as the model for several other counties, thus "perpetuating the lie".
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Ingham County Animal Control Ordinance

http://www.ingham.org/AC/ordinanc.htm
But that wasn't enough for them. They had to try this: