Bill Text: MI SB0316 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Animals; dangerous; dangerous animal; expand definition to include an animal that bites or attacks a domestic animal. Amends secs. 1 & 2 of 1988 PA 426 (MCL 287.321 & 287.322).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-03-03 - Referred To Committee On Judiciary [SB0316 Detail]
Download: Michigan-2009-SB0316-Introduced.html
SENATE BILL No. 316
March 3, 2009, Introduced by Senator GLEASON and referred to the Committee on Judiciary.
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 sections 1 and 2 (MCL 287.321 and 287.322).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Dangerous animal" means a dog or other animal that bites
or attacks a person, or a dog or other animal that bites or attacks
and
causes serious injury or death to another dog a domestic animal
while
the other dog domestic
animal is on the property or under the
control of its owner. However, a dangerous animal does not include
any of the following:
(i) An animal that bites or attacks a person who is knowingly
trespassing on the property of the animal's owner.
(ii) An animal that bites or attacks a person who provokes or
torments the animal.
(iii) An animal 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.
(iv) Livestock.
(b) "Domestic animal" means a dog, cat, or other animal that
is kept as a household pet.
(c) (b)
"Livestock" means animals
used for human food and
fiber or animals used for service to human beings. Livestock
includes, but is not limited to, cattle, swine, sheep, llamas,
goats, bison, equine, poultry, and rabbits. Livestock does not
include animals that are human companions, such as dogs and cats.
(d) (c)
"Owner" means a person
who owns or harbors a dog or
other animal.
(e) (d)
"Provoke" means to
perform a willful act or omission
that an ordinary and reasonable person would conclude is likely to
precipitate the bite or attack by an ordinary dog or animal.
(f) (e)
"Serious injury" means
permanent, serious
disfigurement, serious impairment of health, or serious impairment
of a bodily function of a person.
(g) (f)
"Torment" means an act or
omission that causes
unjustifiable pain, suffering, and distress to an animal, or causes
mental and emotional anguish in the animal 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.
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 or has caused serious injury or death to a dog domestic
animal, 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 court or magistrate shall order the owner to
immediately turn the animal 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 them
until a hearing is held and a decision is made for the disposition
of the animal. The owner shall notify the person who retains the
animal under this section of the complaint and order. The expense
of the boarding and retention of the animal is to be borne by the
owner. The animal shall not be returned to the owner until it has a
current rabies vaccination and a license as required by law.
(3) After a hearing, the magistrate or court shall order the
destruction of the animal, at the 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 domestic
animal. After a hearing, the
court may order the destruction of the animal, at the 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 court or magistrate finds that an animal is a
dangerous animal but has not caused serious injury or death to a
person, the court or magistrate shall notify the animal control
authority for the county in which the complaint was filed of the
finding of the court, the name of the owner of the dangerous
animal, and the address at which the animal was kept at the time of
the finding of the court. In addition, the court or magistrate
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 of the canis familiaris species, have an identification number
tattooed upon 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 1939
PA 309, MCL 287.301 to 287.308.
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
enclosure, including a top or roof, to ensure that the animal
cannot escape or nonauthorized individuals 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.
