Bill Text: MI HB5589 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Animals: dogs; provision related to tattooing of dangerous dogs; repeal. Amends title & sec. 2 of 1988 PA 426 (MCL 287.322).
Spectrum: Bipartisan Bill
Status: (Passed) 2022-06-29 - Assigned Pa 121'22 With Immediate Effect [HB5589 Detail]
Download: Michigan-2021-HB5589-Introduced.html
HOUSE BILL NO. 5589
A bill to amend 1988 PA 426, entitled
"An act to regulate dangerous animals; to provide for the confinement, tattooing, or destruction of dangerous animals; and to provide penalties for the owners or keepers of dangerous animals that attack human beings,"
by amending the title and section 2 (MCL 287.322).
the people of the state of michigan enact:
An act to regulate dangerous animals; to provide for the confinement, tattooing, identification, or destruction of dangerous animals; and to provide penalties for the owners or keepers of dangerous animals that attack human beings.
Sec. 2. (1) Upon a sworn complaint that an animal is a dangerous animal and the animal has caused serious injury or death to a person an individual or has caused serious injury or death to a dog, a district court magistrate, district court, or a municipal court shall issue a summons to the owner ordering him or her to appear to show cause why the animal should not be destroyed.
(2) Upon the filing of a sworn complaint as provided in subsection (1), the district court magistrate, district court, or magistrate municipal court shall order the owner to immediately turn the animal over to a proper an animal control authority, an incorporated humane society, a licensed veterinarian, or a boarding kennel, at the owner's option, to be retained by them until a hearing is held and a decision is made for the disposition of the animal. The owner shall notify the person who that retains the animal under this section subsection of the complaint and order. The owner is responsible for the expense of the boarding and retention of the animal. is to be borne by the owner. The animal shall must not be returned to the owner until it the animal has a current rabies vaccination and a license as required by law.
(3) After a hearing, if the animal is found to be a dangerous animal that caused serious injury or death to an individual or a dog, the district court magistrate, district court, or municipal court shall order the destruction of the animal, at the owner's expense. of the owner, if the animal is found to be a dangerous animal that caused serious injury or death to a person or a dog. After a hearing, if the animal has been previously adjudicated a dangerous animal or is found to be a dangerous animal that did not cause serious injury or death to an individual but is likely to cause serious injury or death to an individual in the future, the district court magistrate, district court, or municipal court may order the destruction of the animal, at the owner's expense. of the owner, if the court finds that the animal is a dangerous animal that did not cause serious injury or death to a person but is likely in the future to cause serious injury or death to a person or in the past has been adjudicated a dangerous animal.
(4) If the district court magistrate, district court, or magistrate municipal court finds that an animal is a dangerous animal but that has not caused serious injury or death to a person, an individual, the district court magistrate, district court, or magistrate municipal court shall notify the animal control authority for the county in which the complaint was filed of the all of the following:
(a) The finding of the court. , the
(b) The name of the owner of the dangerous animal. , and the
(c) The address at which the animal was kept at the time of the finding. of the court. In addition,
(5) If the district court magistrate, district court, or magistrate municipal court finds that an animal is a dangerous animal that has not caused serious injury or death to an individual under subsection (4), the district court magistrate, district court, or municipal court shall order the owner of that animal to do 1 or more of the following:
(a) If the animal that has been found to be a dangerous animal is a member of the canis familiaris Canis lupus familiaris species, have an a permanent identification number tattooed upon assigned to the animal, at the owner's expense, by or under the supervision of a licensed veterinarian. The identification number shall be assigned to the animal by the Michigan department of agriculture and shall be noted in its records pursuant to Act No. 309 of the Public Acts of 1939, being sections 287.301 to 287.308 of the Michigan Compiled Laws. The identification number shall be tattooed on the upper inner left rear thigh of the animal by means of indelible or permanent ink.
(b) Take specific steps, such as escape proof fencing or an enclosure, including that includes a top or roof, to ensure that the animal cannot escape or nonauthorized individuals an unauthorized individual cannot enter the premises.
(c) Have the animal sterilized.
(d) Obtain and maintain liability insurance coverage sufficient to protect the public from any damage or harm caused by the animal.
(e) Take any other action appropriate to protect the public.
