Public notice: Freedom Township

Freedom Township Hall

FREEDOM TOWNSHIP

ORDINANCE NO. 54

ANIMAL CONTROL ORDINANCE

AN ORDINANCE TO REGULATE AND/OR PROHIBIT THE OWNERSHIP, POSSESSION AND MAINTENANCE OF ANIMALS WITHIN THE TOWNSHIP THAT ARE DANGEROUS, AT LARGE, OR OFFENSIVE DUE TO CREATING A NUISANCE

THE TOWNSHIP OF FREEDOM HEREBY ORDAINS:

Section 1. TITLE

This ordinance shall be known and cited as the Township of Freedom Animal Control Ordinance.

Section 2. DEFINITIONS

For the purpose of this ordinance:

a. Animal means livestock, poultry, dogs, cats and reptiles.

b. Livestock means horses, stallions, colts, gelding, mares, sheep, rams, lambs, bulls, bullock, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kids, swine and any other fur bearing animals being raised in captivity.

c. Poultry means all domestic fowl, ornamental birds and game birds.

d. Owner when applied to the proprietorship of an animal means every person having a right of property in the animal and every person who keeps or harbors the animal or has it in his care and every person who permits the animal to remain on or about any premises occupied or controlled by him.

e. Reasonable Control – means an animal shall be deemed to be under reasonable control when such animal is on the premises of its owner or when such animal, not being on the premises of its owner, is with and under the control of its owner or his/her agent or some member of the owner’s family.

Section 3. REQUIRING THAT DOGS BE LICENSED AND VACCINATED

a. It shall be unlawful and a violation of this Ordinance for any person to own, keep or possess any dog over the age of six (6) months, within the Township of Freedom that does not at all times wear a collar with a license and vaccination tag attached thereto as provided by the laws of the State of Michigan.

b. It shall be unlawful and a violation of this Ordinance for any person except the owner or the authorized agent of such owner to remove any license or vaccination tag from a dog.

Section 4. PROHIBITING DOGS FROM RUNNING AT LARGE

It shall be unlawful and a violation of this Ordinance for the owner of any dog in the Township of Freedom to allow such dog to stray beyond the premised of such owner unless under reasonable control, or for the owner of any female dog to permit said female to stray beyond the premises of such owner when she is in heat unless such dog is properly leashed and under reasonable control. Further, it shall be unlawful and a violation of this Ordinance for the owner of any dog to not have such dog under reasonable control at all times.

Section 5. BARKING DOGS AND FEROCIOUS DOGS AND CATS

a. It shall be unlawful and a violation of this Ordinance for the owner of any dog in the Township of Freedom to allow such dog to howl, bark, whine or otherwise create noise that is disturbing or annoying to other persons in their reasonable use and enjoyment of premises other than the premises of such owner.

b. It shall be unlawful and a violation of this Ordinance for any person in the Township to own, maintain or possess any dog or cat that is vicious, ferocious, or which without provocation, has bitten or otherwise injured any person or animal to own or allow such dog or cat to be kept or maintained in the Township of Freedom, unless so confined as to prevent injury or threat of injury to any person or animal.

Section 6. PROHIBITING OFFENSIVE KEEPING OF ANIMALS

It shall be unlawful and a violation of this Ordinance for the owner of any animal in a Residential Area of Freedom Township to allow such animals to be kept or maintained on a premises in any manner that causes noxious or offensive orders emitting from such premises.

Section 7. PROHIBITING LIVESTOCK AND POULTRY ENTERING PRIVATE LANDS.

It shall be unlawful and a violation of this Ordinance for a person in possession, control or ownership of any live stock or poultry in the Township of Freedom to allow such live stock or poultry to enter upon lands or premises of other persons without the consent of the owner or lessee of such lands.

Section 8. REQUIRING ENCLOSURE OF LIVESTOCK AND POULTRY

It shall be unlawful and a violation of this Ordinance for the owner of any livestock and poultry in the Township of Freedom to allow such livestock and poultry to be kept or maintained on any premises without such livestock and poultry being penned, sheltered or fenced in a manner to prevent such livestock and poultry from straying beyond premises.

Section 9. REPEAL

This Ordinance repeals and replaces Freedom Township Ordinance No. 7. Except for zoning regulations, all other ordinances or provisions of ordinances that are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistencies.

Section 10. PENALTY

This Ordinance shall be enforceable by the Supervisor, Township Ordinance Officer, Zoning Officer or any State or County police or animal control officer.

Except as otherwise provided for in this Ordinance, any person, corporation, or other legal entity, including an officer, director, or employee, who violates any provision of this Ordinance, or who shall fail to do what is required by the terms of a notice issued under this Ordinance, is responsible for a municipal civil infraction and shall pay a civil fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00), and shall pay costs and attorney fees incurred by the Township for enforcement. In addition to the assessment of a fine and costs for a violation of this Ordinance, a violator of this Ordinance shall be subject to other sanctions and remedies as provided for under Chapter 87 of the Revised Judicature Act (RJA), P.A. 236 of 1961, being MCL ‘600.8701 et. seq., as amended. Fines and costs assessed and not paid under this Ordinance may be collected in the manner as provided by law and under MCL 600.8729 and MCL 600.8731. In an action involving the use or occupancy of land, fines and costs not paid as ordered may be collected as a special assessment lien upon the property. Every day that a violation continues shall be a separate offense under this Ordinance for which a separate penalty may be imposed.

Section 11. SEVERABILITY

If any court of law of equity within the State of Michigan determines that any provision within this Ordinance is unconstitutional, void, voidable, or unenforceable, the remaining provisions of this Ordinance are declared to be severable and shall be deemed separate, distinct, valid and enforceable in all respects from said provision.

Section 12. EFFECTIVE DATE

This Ordinance shall become effective thirty (30) days after its adoption.

YEAS: Lindemann, Layher, Huehl, Schaible
NAYS: None
ABSENT: Bristle

ORDINANCE DECLARED ADOPTED ON _November 12, 2024____.

Larry Lindemann
Township Supervisor for the
Township of Freedom

CERTIFICATE OF ADOPTION AND PUBLICATION

I, Valisa Bristle, the duly elected Clerk of the Township of Freedom certify that the foregoing ordinance is a true and correct copy of the ordinance enacted by the Township Board of the Township of Freedom on November 12, 2024 and published in the Manchester Mirror , a newspaper circulated in the Township of Freedom on November 27, 2024 .

Valisa Bristle
Township Clerk for the
Township of Freedom

For as little as $1 a month, you can keep Manchester-focused news coverage alive.

by Sara Swanson

Sara Swanson is an editor, writer and founder of the Manchester Mirror.