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April 4, 2013
Charter Township of Canton Board Proceedings-March 26, 2013
A regular meeting of the Board of Trustees of the Charter Township of Canton was held Tuesday, March 26, 2013 at 1150 Canton Center
S., Canton, Michigan. Supervisor LaJoy called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance to the Flag.
Roll Call
Members Present: Anthony, Bennett, LaJoy, McLaughlin, Sneideman, Williams, Yack Staff Present: Director Bilbrey-Honsowetz,
Director Trumbull, Director Faas, Director Mutchler, Kristin Kolb
Adoption of Agenda
Motion by Bennett, supported by Anthony to
approve the agenda as presented. Motion carried unanimously.
Approval of Minutes
Motion by Bennett, supported by McLaughlin to
approve the Board Study Minutes of March 5, 2013 as presented. Motion carried unanimously. Motion by Bennett, supported by Anthony
to approve the Board Minutes of March 12, 2013 as presented. Motion carried unanimously. Motion by Bennett, supported by McLaughlin
to approve the Board Study Minutes of March 19, 2013 as presented. Motion carried unanimously.
Citizen’s Non-Agenda Item
Comments:
Mr. George Miller, 1946 Briarfield, inquired on the dog ordinance and the gun range clean-up.
Payment of Bills
Motion by
McLaughlin, supported by Williams to approve payment of the bills as presented. Motion carried unanimously.
PRESENTATION: Item
1. JEREMY HUGHES FOR PLYMOUTH CANTON COMMUNITY SCHOOLS BOND
Dr. Hughes presented information only to
the Board regarding the proposed school bond. Dr. Hughes stated there is a school bond election on May 7, 2013. This election will not
increase the tax rate that residents are currently paying. In October the school district took advantage of the extremely low bond rates and
refinanced the school district debt, reducing the interest bond from 4.5% to slightly over 2%. This cushion allows the district to make
some needed improvements in the schools and new technology. Dr. Hughes stated there are four components to the bond: Upgrade the
school facilities, $35 million, 5 year and 10 year list to be addressed, Replace Central Middle School, $37.3 million, Renovate existing
middle schools & technology labs, Technology, $24 million, Replacement of school buses
PUBLIC HEARING: Item 1. HOLD A PUB-
LIC HEARING FOR THE 2013 SIDEWALK REPAIR PROGRAM. (MSD)
Motion by Bennett, supported by McLaughlin to open
the public hearing at 7:37 p.m. to hear comment on the necessity of sidewalk repairs pursuant to the Township Sidewalk Ordinance,
Sidewalk Repair Program Policy and as provided in Public Act 80 of the Public Acts of 1989. Motion carried unanimously. There were
no public comments either in favor or opposition of the Township Sidewalk Repair Program for 2013. Motion by Anthony, supported by
Williams to close the public hearing at 7:44 p.m. after hearing the comments on the necessity of sidewalk repairs to the Township Sidewalk
Ordinance, Sidewalk Repair Program Policy and as provided in Public Act 80 of the Public Acts of 1989. Motion carried unanimously.
Motion by Bennett, supported by McLaughlin to adopt the resolution requiring replacement of sidewalks in Central Park Estates #1,
Central Park Estates #2, Central Park Estates #3, Central Park South #1, Central Park South #2, Central Park South #3, Kimberly
Meadows, Meadow Villages of Canton #1, Meadow Villages of Canton #2 and Miscellaneous locations and published in the Canton Eagle
on February 28 & March 21, 2013. Motion carried unanimously.
CONSENT CALENDAR: Item 1. REQUEST TOAPPROVE PUR-
CHASE ORDER TO UNITED STATES POSTAL SERVICE FOR MAIL SERVICE. (CLERK)
Motion by Bennett, supported by
McLaughlin to approve the purchase order for postage to the United States Postal Service from account 101-200.729 in the amount of
$45,000. Motion carried unanimously.
GENERAL CALENDAR: Item 1. CONSIDER APPROVAL OF SPECIAL LAND USE AND
SITE PLAN FOR BUSCH’S FRESH FOOD MARKET RENOVATION. (MSD)
Motion by Bennett, supported by McLaughlin to
adopt the resolution for special land use and site plan for Busch’s Fresh Food Market renovation. Motion carried unanimously.
Item 2.
CONSIDER FIRST READING OF CODE OF ORDINANCE AMENDMENTS FOR SCHULTZ REZONING. (MSD)
Motion by
Bennett, supported by McLaughlin to table for consideration amendments to the zoning district boundaries map found in Appendix A of
the Code of Ordinances of the Charter Township of Canton as provided in the attached ordinance amendment and map. Motion carried
unanimously.
STATE OF MICHIGAN, COUNTY OF WAYNE, CHARTER TOWNSHIP OF CANTON. AN ORDINANCE
AMENDING ARTICLE 8.00 OF APPENDIX A - ZONING, OF THE CODE OF ORDINANCES OF THE CHARTER TOWN-
SHIP OF CANTON, MICHIGAN WHICH AMENDS THE ZONING DISTRICT BOUNDARIES ON THE ZONING MAP THE
CHARTER TOWNSHIP OF CANTON ORDAINS: SECTION 1. AMENDMENT TO THE CODE ARTICLE 8.00 – ESTAB-
LISHMENT OF ZONING DISTRICTS AND MAP IS HEREBY AMENDED AS FOLLOWS: Pursuant to Section 27.06 of
Appendix A – Zoning, the zoning map is hereby amended by changing the zoning parcel nos. 122-99-0002-000, 122-99-0003-000.
122-99-0005-000, 122-99-0006-000, 122-99-0007-000, 122-99-0011-000, and 123-99-0005-703 from R-2, R-3, and R-4, Single-fami-
ly Residential to RA, Rural Agriculture as shown on the attached zoning map. SECTION 2. SEVERABILITY
Should any section,
subdivision, clause, or phrase of this Ordinance be declared by the courts to be invalid, the validity of the Ordinance as a whole, or in part,
shall not be affected other than the part invalidated.
SECTION 3. REPEAL
All other Ordinances or part of Ordinances in conflict here-
with are hereby repealed only to the extent to give this Ordinance full force and effect.
SECTION 4. SAVINGS CLAUSE
The amend-
ment of the Canton Code of Ordinances set forth in this Ordinance does not affect or impair any act done, offense committed, or right
accruing, accrued, or acquired, or liability, penalty, forfeiture or punishment, pending or incurred prior to the amendment of the Canton
Code of Ordinances set forth in this Ordinance.
SECTION 5. PUBLICATION
A public hearing having been held hereon pursuant to the
provisions of Section 103 of Act 110 of the Public Acts of 2006, as amended, the provisions of this Ordinance shall be published within
fifteen (15) days of its adoption of publications of a notice in a newspaper circulated in Canton Township stating the date of enactment
and effective date, a brief statement as to its regulatory effect and that a complete copy of the Ordinance is available for public purchase,
use and inspection at the office of the Township Clerk during the hours of 8:30 AM to 4:30 PM, Local Time.
SECTION 6. EFFECTIVE
DATE
The provision of this Ordinance shall become effective seven (7) days after its publication.
Item 3. FIRST READING OF AN
AMENDMENT TO THE CANTON TOWNSHIPCODE OF ORDINANCES, CHAPTER 14, ANIMALS. (SUPERVISOR)
Motion
by Bennett, supported by McLaughlin to introduce and table for consideration the “First Reading” of an amendment to the Township Code
of Ordinances, Chapter 14, Animals. Further, I move to schedule the second reading for April 9, 2013. Motion carried unanimously.
STATE OF MICHIGAN, COUNTY OF WAYNE, CHARTER TOWNSHIP OF CANTON, CHAPTER 14 ANIMALS AN ORDI-
NANCE TO AMEND CHAPTER 14 OF THE CANTON TOWNSHIP CODE OF ORDINANCES TO PROVIDE FOR AN ANI-
MAL FANCIERS PERMIT; TO CLARIFY THE PROVISIONS REGARDING WILD AND EXOTIC ANIMALS; AND TO
PROVIDE SOME GENERAL UPDATES TO THE ORDINANCE
THE CHARTER TOWNSHIP OF CANTON ORDAINS: SEC. 1.
ORDINANCE AMENDMENT ARTICLE I. IN GENERAL. Sec. 14-1. - Definitions. The following words, terms and phrases, when used
in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal fancier
shall mean an individual who shall desires to own more than three (3) to a maximum of five (5) dogs in accordance
with the provisions of Article IV of this Chapter.
Animal fanciers permit
means a permit issued under Article IV, Division 3 of this
Chapter.
Commercial kennel
means the premises of any person who keeps, cares for, trains, handles, maintains or boards a dog belong-
ing in a proprietary sense to another,
or who provides for the daily observation and care of dogs,
as a business or means of livelihood.
The maximum number of animals permitted in a commercial kennel shall be
one hundred (100) animals, inclusive of pet day care
. relat-
ed to lot size as follows: not more than five animals on the first two acres and a maximum of five additional animals for each additional
acre. In no case shall a commercial kennel exceed 50 animals.
Private kennel
means the premises of an owner wherein or whereon more
than three
five (5)
animals, but not more
less
than five
eight (8),
animals, over the age of six months or more are kept for the purpose of
a hobby, a sporting activity, breeding,
and/
or sale of puppies, or merely in a proprietary sense.
Wild or exotic animal
means any mam-
mal, amphibian, reptile or bird which is of a species not usually domesticated and of a species which, due to size, wild nature or other
characteristics, is dangerous to humans and would ordinarily be confined in a zoo or found in the wild. The term includes animals
and birds, the keeping of which is licensed by the state or federal government, such as wolves, raptors and pheasants. Wild or exotic
animals includes, but is not limited, to the following: snakes, eagles, ocelots, jaguars, cougars, weasels, badgers, monkeys, chim-
panzees, deer and bison. The term also includes crossbreeds such as the cross between dogs and coyotes and dogs and wolves.
Examples include, but are not limited to: (1)Any large cat of the family Felidae, such as lions, tigers, jaguars, leopards, cougars, bob-
cats, lynxes and ocelots, except commonly accepted domesticated house cats. (2)Any member of the family Canidae, such as wolves,
coyotes, dingoes, and jackals, except domesticated dogs. (3)Any crossbreed such as crossbreeds between dogs and coyotes, or dogs and
wolves, but does not include crossbreed domesticated animals. (4)Any snake that is a member of the pit viper or biodae family, includ-
ing but not limited to, copperheads, water moccasins, rattlesnakes, fer-de-lances, bushmasters, asps, cobras, mambas, kraits, coral
snakes, sea snakes, South American anacondas, Asian reticulated pythons, boa constrictors, tree boas and sand boas. (5)Any snake or
reptile which by its size, vicious nature or other characteristic is dangerous to human beings. (6)Any skunk, squirrel, raccoon or fox
whether captured in the wild, domestically raised, descented or not descented, vaccinated against rabies or not vaccinated against
rabies. (7)Any bear, ape, gorilla, monkey, weasels, mink, or badger.(8)Any Vietnamese pot-bellied pig.(9)Any pheasants.(10)Any poi-
sonous spiders.
Sec. 14-2. - Purpose. Deeming it advisable in the interest of protecting the public health, safety, convenience and welfare
and to provide for the orderly and uniform administration of the dog licensing provisions of the state and in particular the Dog Law of
1919 (MCL 287.261 et seq.), and Public Act No. 426 of 1988 (MCL 287.321 et seq.), and to create the position of animal control officer
and define his duties, authority and responsibilities, and to regulate and control the conduct, keeping and care of dogs and certain other
animals, livestock and poultry, the township does adopt this chapter.
The purpose of this chapter is to promote the public health, safety,
comfort, and general welfare of the community through the proper control of animals by their owners and others.
Sec. 14-3. - Penalty.
(a)Except as otherwise provided in this chapter, any person violating any of the provisions of this chapter shall be deemed responsible for
a municipal civil infraction, and upon conviction thereof shall be punished by a civil fine of not more than $500.00, and costs as provid-
ed in subsection (b) of this section, and, if applicable, damages and expenses.
may be ordered by a court. In addition to any fine imposed
for a violation of this chapter, the owner shall be responsible for any impound fees and/or fees for the destruction of any animal, as
provided in this chapter. The court may also issue such injunctive relief as may be necessary to enforce this chapter.
(b)If a defendant
is ordered to pay a civil fine under subsection (a) of this section, the judge or district court magistrate shall summarily tax and determine
the costs of the action, which are not limited to the costs taxable in ordinary civil actions and may include all expenses, direct and indi-
rect, to which the plaintiff has been put in connection with the municipal civil infraction, up to the entry of judgment. Costs of not less
than $9.00 or more than $500.00 shall be ordered. Sec. 14-4. - Relationship to other laws and ordinances. The regulations of this chapter
are minimum standards supplemental to the rules and regulations duly enacted by the state department of health and to the laws of the
state relating to public health. Where any of the provisions of this chapter and the provisions of any other local or state ordinances or reg-
ulations apply, the more restrictive of any or all ordinances or regulations shall prevail. Sec. 14-5. - Preservation of certain rights.
(a)
Recovery.
Nothing in this chapter shall be construed to prevent the owner of a licensed dog from recovery in an action at law from any
peace officer or any other person, except as provided in this chapter. (b)
Common law liability.
Nothing in this chapter shall be construed
as limiting the common law liability of the owner of an animal for damages committed by the animal. Sec. 14-6. - Payment of fees and
expenses. All fees and expenses, as provided for in this chapter, shall be paid in accordance with this chapter. Sec. 14-7
5
. - Killing or injur-
ing animals.
Cruelty to animals.
Any person may kill any dog or other animal which he sees in the act of pursuing, attacking or about to
attack, or wounding any livestock or poultry or attacking persons, and there shall be no liability on such person in damages or otherwise
for such killing. Any dog or other animal that enters any field or enclosure which is owned or leased by a person producing livestock or
poultry, unaccompanied by his owner, shall constitute a trespass, and the owner shall be liable for damages. Except as provided in this
section, it shall be unlawful for any person, other than a law enforcement officer, to kill or injure or attempt to kill or injure any dog which
bears a license tag for the current year.
(a) No person shall willfully or maliciously inflict unnecessary or needless cruelty, torture,
abuse, or cruelly beat, strike, or abuse any animal, or by an act, omission, or neglect, cause or inflict any unnecessary or unjustifiable
pain, suffering, injury, or death to any animal, whether such animal belongs to such person or to another, except that reasonable force
may be employed to drive away vicious or trespassing animals. (b) No person owning or possessing any animal shall fail, refuse, or
neglect to provide such animal with food, potable water, shade, or shelter, or cruelly or unnecessarily expose such animal in hot,
stormy, cold, or inclement weather, or carry such animal in or upon any vehicle in a cruel or inhumane manner
Sec. 14-8
6
. - Right to
seize animals running at large. It shall be lawful for any person to seize any animal running at large in violation of this chapter and to turn
the animal over to the animal control
public safety ordinance
officer. Sec. 14-9. - Determination and payment of damages when dog caus-
es damage to livestock or poultry. If a person sustains any loss or damage to livestock or poultry that is caused by dogs, or if the livestock
of a person is necessarily destroyed because of having been bitten by a dog, the person or his agent or attorney may complain to the town-
ship supervisor or a township officer or other qualified person designated by the township board. The complaint shall be in writing, signed
by the person making it, and shall state when, where, what, and how much damage was done and, if known, by whose dog. The township
supervisor or the township officer or other qualified person designated by the township board shall at once examine the place where the
alleged damage was sustained and the livestock or poultry injured or killed, if practicable. He shall also examine under oath, or affirma-
tion, any witness called. After making diligent inquiry in relation to the claim, the township supervisor or township officer or other per-
son designated by the township board shall determine whether damage has been sustained and the amount of that damage, and, if possi-
ble, who was the owner of the dog that did the damage. If during the course of the proceedings the owner of the dog causing the loss or
damage to the livestock becomes known, the township supervisor or a township officer or other person designated by the township board
shall request the district court judge to immediately issue a summons against the owner commanding him to appear before the township
supervisor or township officer or other person designated by the township board and show cause why the dog should not be killed. The
summons may be served any place within the county in which the damage occurred and shall be made returnable not less than two and
not more than six days from the date stated in the summons and shall be served at least two days before the time of appearance mentioned
in the summons. Upon the return day fixed in the summons, the township supervisor or township officer or other person designated by the
township board shall proceed to determine whether the loss or damage to the livestock was caused by the dog, and, if so, he shall imme-
diately notify the sheriff or the animal control officer of the county of the fact and upon notification the sheriff or animal control officer
shall kill the dog wherever found. Any owner or keeper of the dog shall be liable to the county in a civil action for damages and costs paid
by the county or township on any claim as provided in this section. Sec. 14-10. - Confinement required. Every animal shall be confined
upon the premises of its owner except when the animal is leashed and otherwise under the reasonable control of the owner as designated
by this chapter. Sec. 14-11
7
. - Running at large
; immunization required
. It is unlawful for an owner to allow, knowingly or unknowingly,
any animal of any age, licensed or unlicensed, wearing a collar or not wearing a collar, to be unleashed or not in reasonable control of its
owner or his authorized agent while leashed, in any place open to the public; provided, however, that an animal engaged in hunting or
farming need not be leashed when under the reasonable control of its owner, or when engaged in a township-sponsored public safety activ-
ity or township-sponsored demonstration event.
(a) Every animal shall be confined upon the premises of its owner except when the ani-
mal is leashed and otherwise under the reasonable control of the owner as designated by this chapter. (b) No dog shall be permitted at
any time to be on a public highway or street, or in a public park, public building, or any other public place, or in any place to which
the public is generally invited: (1) Except when restrained by or under the reasonable control of the owner thereof or another respon-
sible person, or when confined in a shipping receptacle or vehicle, or when on the premises of a duly-authorized dog training facility
or dog park; and (2)Unless such dog shall have been immunized against rabies and distemper.(c) It shall be unlawful for any owner
of an animal to allow or permit the animal to run at large, or to enter onto the private property of another without the express per-
mission of the owner or occupant of the private property. Nothing in this section shall be interpreted to prevent an owner from taking
his dog to the offices of a veterinarian for the purpose of having the dog immunized or treated.
Sec. 14-12. - Allowing animal to tres-
pass or destroy property. It is unlawful for an owner to allow, knowingly or unknowingly, any animal at any time, licensed or unlicensed,
to destroy property, real or personal, or to trespass in a damaging way on property of persons other than the owner. Sec. 14-13
8
. - Allowing
animal to attack or molest persons. It is unlawful for: (1)An owner to allow, knowingly or unknowingly, any animal at any time, licensed
or unlicensed, to attack or bite a person
or animal without provocation
. (2)An owner to allow, knowingly or unknowingly, any animal to
show vicious habits and molest passersby when such persons are lawfully on the public highway or right-of-way. Sec. 14-14
9
. - Noisy
animals. It is unlawful for any person to own or harbor any animal which, by loud and frequent barking, howling or yelping, is a nuisance
in the neighborhood in which the animal is kept, possessed or harbored. Sec. 14-15
10
. - Disposal of fecal matter.
Sanitation.
It shall be
unlawful for any person to permit any animal owned or harbored by him to deposit fecal matter in any place other than the premises where
the animal is harbored or kept, unless such fecal matter is immediately removed and disposed of on the premises where the animal is har-
bored or kept.
(a) It shall be unlawful for any owner of an animal to allow or permit such animal to soil, defile, defecate, or commit
any nuisance on a public thoroughfare, sidewalk, passageway, bypass, play area, park, or any place where people congregate or walk,
or upon any public property whatsoever, or upon any private property without permission of the owner of such property, unless:
(1)Such owner shall immediately remove all droppings deposited by such animal by any sanitary method, and for such purposes shall
possess a container of sufficient size to collect and remove the above-mentioned droppings and exhibit the container if requested by
any official empowered to enforce this chapter. (2)The droppings removed from the aforementioned areas shall be disposed of by the
owner of such animal in a sanitary method on the property of the owner of such animal. (b)Yards shall be kept free of accumulated
animal droppings and shall be maintained in a sanitary manner so as not to be a nuisance because of odor, attraction of flies or ver-
min, or be likely to cause contamination to sewers or waterways. c)Nothing in this section is intended to supersede or invalidate any
property maintenance provisions set forth in chapter 78 of this Code. **check section (d)Any person violating this section shall be
responsible for a municipal civil infraction. The fine for a violation of this section shall be one hundred dollars ($100.00) for a first
offense, two hundred dollars ($200.00) for a second offense and four hundred dollars ($400.00) for a third or subsequent offense.
Sec.
14-16. - Maintenance of premises where animals are kept. All persons owning, keeping or harboring any animal shall maintain the prem-
ises on which the animal has access in a sanitary condition that will not create a health hazard or cause odors that will offend neighbors
or persons that may pass in the street. Sec. 14-17
11
. - Removing collar or tag; enticing or teasing animal. It is unlawful for any person to
remove a collar or tag from any dog or other animal without the permission of its owner, or to decoy or entice any dog or other animal
out of an enclosure or off the property of its owner, or to seize, molest or tease any dog or other animal while held or led by any person
or while on the property of its owner.
Sec. 14-18
12
. - Confinement of biting animals.
Exposure to rabies; notice.
(a)Any animal kept
as a pet that shall bite a person,
or
animal or livestock shall be securely confined by the owner thereof inside an appropriate building or
enclosure
away from humans or any other animal
for a minimum period of ten days following the biting of such person, animal or live-
stock
incident
. If the owner of such animal shall fail to securely confine the animal for such period of time, then the animal control offi-
cer
public safety ordinance officer
may take possession and custody of the animal, and confine the animal at the
an
animal shelter until
the expiration of the ten-day period and upon satisfactory evidence that the animal is not suffering from rabies. The animal shall be kept
at the animal shelter at the expense of the owner thereof if the person charged with the duty to securely confine the animal shall fail to do
so. Any animal running loose after biting a person, animal or livestock, and whose owner cannot be determined, shall be confined for a
period of ten days at the
an
animal shelter in accordance with the provisions of this section, and thereafter disposed of in accordance with
applicable law
the provisions of this chapter or such regulations as are in effect at the animal shelter. (b) Any other animal not kept as a
pet, including exotic or wild animals, which shall bite a human or animal shall, if located, be confined for the required ten days at the ani-
mal shelter or other suitable location.
(c) It shall be the duty of any owner of an animal which has been attacked or bitten by another
animal showing symptoms of rabies or distemper to immediately notify the township’s police department or county animal control
department or health department of the attack and his or her possession of such animal.
Sec. 14-13. – Female in heat.The owner of any
female animal in heat shall not permit such animal to be at large in the streets or public places in the township or on any premises other
than those of the owner or custodian of such animal. The owner of such animal shall keep such animal confined in a building or a secure
enclosure on a leash at all times, so that she will not come into contact with other animal except for intentional breeding purposes and so
that she will nor create a nuisance by attracting other animals. Sec. 14-14. – Parental liability.The parent or guardian of any minor claim-
ing ownership of any animal subject to this chapter shall be deemed to be the owner of such animal and shall be charged for all penal-
ties and fees imposed under this chapter.
ARTICLE II. – ADMINISTRATION AND ENFORCEMENT Sec. 14-41. - Receipt and dis-
bursement of funds.
. – Enforcement.
All fees and monies collected under the provisions of this chapter shall be transferred to the general
fund of the township in accordance with the standard practices of the treasurer, and the monies paid out in accordance with this chapter
shall be drawn upon the general fund of the township.
Any public safety ordinance officer and any police officer may employ all proper
means for enforcement of this chapter, and may issue appearance tickets in accordance with this Code.
Sec. 14-42. - Changes to fees. The
fees and expenses, as established by this chapter, may be changed from time to time on or before November 1 of each year and for sub-
sequent years by action of the township board.
for licenses and permits under this chapter shall be established by resolution of the
Township board, and may be amended from time to time.
Sec. 14-43. - Powers and duties of animal control officer. (a)The animal con-
trol officer or designee shall promptly seize, take up and place in the animal shelter all dogs or other animals, livestock or poultry found
running at large. (b)The animal control officer shall be properly deputized for the purposes of this chapter and shall be legally authorized
to have the power and it shall be his duty to issue appearance tickets, citations or summonses to those persons owning, keeping or har-
boring animals contrary to the provisions of this chapter. (c)The animal control officer shall promptly investigate all animal bite cases
involving human exposure and shall search out and attempt to discover the animal involved, and shall either impound or quarantine it for
examination for disease in accordance with the applicable provisions of this chapter and/or the statutes of the state. He shall also be author-
ized to seize and impound any rabies suspect animal. (d)The animal control officer shall assume the duty provided in section 16 of Public
Act No. 339 of 1919 (MCL 287.276) to determine and locate all unlicensed dogs, to list such dogs, and to deliver such list to the town-
ship attorney for the necessary proceedings as provided by this chapter and/or the statutes of the state. (e)The animal control officer shall
have the right to authorize the inspection of any boarding kennel, a license for which has been issued by the clerk pursuant to this chap-
ter and the statutes of the state, and shall have the duty to suspend such license if, in his opinion, conditions exist which are unhealthy or
inhumane to the animals kept therein pending correction of such conditions, and further shall have the duty to revoke such license if such
conditions are not corrected within a reasonable period of time. (f)The animal control officer shall have the right to investigate complaints
of animals alleged to be dangerous to persons or property and shall have the right to seize, take up and impound such animals. (g)The ani-
mal control officer shall have the right to investigate complaints of cruelty to animals, livestock or poultry and shall have the right to seize,
take up and impound any animal, livestock or poultry which has been subject to such cruelty. (h)The animal control officer shall have such
other duties relating to the enforcement of this chapter as the township board may from time to time provide. (i)It shall be the further duty
of the animal control officer to enforce the provisions of this chapter and the statutes of the state pertaining to animals, and he may make
complaint to the appropriate district court in regard to any violation thereof. Sec. 14-44. - Records. The township clerk, or his designate,
shall keep a record of all dog licenses
,
and all kennel licenses
, and all animal fancier permits
issued during the year. Such record shall
contain the name, address and phone number of the person to whom each license is issued. In the case of all individual licenses, the record
shall also state the breed, sex, age, color and markings of the dog licensed. In case of a kennel license, it shall state the place where the
business is conducted.
In the case of an animal fancier permit, it shall contain a record of the annual inspections and renewals.
The
record shall be a public record and open to inspection during business hours. He shall also keep an accurate record of all license fees col-
lected by him and turned over to the township treasurer. ARTICLE III. VICIOUS ANIMALS, DANGEROUS ANIMALS, AND WILD
ANIMALS.
Sec. 14-91 . – Possession of certain animals prohibited. It is unlawful for any person to possess, harbor, breed,
exchange, buy or sell any of the following exotic or wild animals:
dangerous, wild or exotic animals as same are defined in this chap-
ter.
(1)Poisonous reptiles, spiders and insects.(2)Cats from the wild family, including, but not limited to, bobcats, cheetahs, cougars,
jaguars, leopards, lions, lynxes, mountain lions, panthers, pumas, or tigers. 3)Crocodilian reptiles, including, but not limited to, crocodiles
and alligators.(4)Bears.(5)Any other dangerous animal.
Sec. 14-92 – 14-93.
[Unchanged.] ARTICLE IV. DOGS
DIVISION 1. – GEN-
ERALLY
Sec. 14-121. [Unchanged.] DIVISION 2. - LICENSE Sec. 14-141. – 14-145. – [Unchanged.]
ARTICLE V. – ANIMALS
FANCIER’S PERMIT Sec. 14-160. – Animal Fancier’s Permit; Requirements (a) No person shall own or keep more the three (3) to
a maximum of five (5) dogs over 12 weeks of age without first applying for and receiving from the Township clerk an animal fancier’s
permit. The application for an animal fancier’s permit shall include, at a minimum, the following information: The applicant’s name,
address and telephone number. The address of the proposed residence where the animals will be retained. Name, address and tele-
phone number of the property owner of the proposed location if different than the applicant. A listing of the species of all dogs and the
number of dogs to be maintained. Description of the housing facilities and proposed location on the lot where the housing facilities
will be located. Purpose for keeping the dogs on the property. Any other information the Township clerk reasonably deems necessary.
(c) Annual fees for animal fancier’s permit shall be set by resolution of the Township Board. The Township clerk, upon payment of
the annual fee, shall issue to the applicant a permit, and shall deliver a copy thereof to the public safety ordinance officer. Such annu-
al permit shall be for the calendar year, or any portion thereof, and shall be due and payable in advance.(d) The permit shall specify
the maximum number of animals allowed to be kept on the permitted property. Whenever a new animal is secured so as to exceed the
maximum permitted, a new permit must be secured and a new fee shall be due and payable at the time of issuance of the new per-
mit.Sec. 14-161. Permit approval process.(a) Upon receipt of an application for an initial permit under this division, the applicant shall
request an investigation of the property by the public safety ordinance officer for which the permit is sought. An application shall be
approved if it is established the applicant is in compliance with this section. (b) The Township Board shall adopt a policy which sets
forth the specific criterion for issuance of an animal fancier’s permit. Such policy shall include, at a minimum, the following require-
ments:The keeping of the dogs at the location specified in the application will not violate any federal, state or local law.Odor, noise,
dust, and drainage from the keeping and maintenance of the dogs will not contribute a nuisance or hazard to the public.The keeping
and maintenance of the dogs will not endanger the peace, health or safety of persons in the immediate vicinity, or in the Township as
a whole.Sec. 14 -162. Renewal of permit.(a) Permits shall be valid for one year and shall be renewed annually. The fees for the
issuance of new and renewal permits shall be set forth in a resolution of the Township Board. New and renewal permits are due and
payable in advance.(b) The renewal fee for an animal fancier’s permit shall be delinquent on January 30 th of each year, and may
subject the applicant to an additional late fee.Sec. 14 -163 . Inspection of permits. Permits issued under this Division shall be surren-
dered upon request of an ordinance or public safety officer upon a finding of a violation of this division. The premises for which a
permit is issued shall be opened for inspection upon advance reasonable notice, except in the case of an emergency.Sec. 14 -163. Rules
and regulations.Compliance with a policy adopted under section 14-161(b) shall be a pre-requisite for issuance and renewal of an ani-
mal fancier permit
.
ARTICLE V
VI
. – KENNELS DIVISION 1. – GENERALLY.
[UNCHANGED.] DIVISION 2. - LICENSE Sec. 14-
191. - Required. (a) Any person who keeps or operates either a private kennel or a commercial kennel, in lieu of the individual license
or
animal fancier’s permit
required under this chapter, shall annually apply to the township clerk or his duly authorized representative for
either a private kennel license or a commercial license, which, upon issuance, will entitle such person to keep or operate such kennel. The
township clerk or his duly authorized representative shall not issue any kennel license under the provisions of this division unless the appli-
cant fully complies with this article. (b) Any person who, at any one time, owns more than three animals six months old or older
for other
than proprietary purposes
shall, or before March 1 of the year following such ownership, obtain a kennel license from the clerk if the per-
son and his premises qualify under Public Act No. 339 of 1919 (MCL 287.261 et seq.). Issuance is subject to compliance with all appli-
cable township ordinances. This section shall not apply to a litter of puppies when with the mother of such puppies, so long as such dogs
are less than six months of age.
Sec. 14.192. – Standards for issuance
. A.
Zoning requirements.
No private or commercial kennel license
shall be issued unless the site is found to be in full compliance with the zoning ordinance.
Private kennels.
Private kennels to house only
the animals owned by the occupant of the dwelling unit shall be licensed if the following standards are met:
Lot size.
The lot on which
any such kennel is located shall be minimum of two acres in size.
Number of animals.
More than three
five (5)
animals but not more than
five
eight (8)
animals over the age of six months shall be housed in a private kennel.
Breeding.
Breeding of animals shall be restricted to
no more than two litters per year.
Setbacks.
Buildings in which animals are kept, animal runs, and exercise areas shall not be located in
any required front, side, or rear yard setback area, and shall be located at least 100 feet from any dwellings or buildings used by the pub-
lic on adjacent property.
Commercial kennels.
Commercial kennels shall be licensed if the following standards are met:
Operation.
Any
such kennel shall be subject to all permit and operational requirements established by county and state regulatory agencies.
Lot size.
The
lot on which any such kennel is located shall be minimum of two acres in size
, except in the LI, Light Industrial, and GI General
Industrial districts, where there is no minimum lot size
.
Maximum animals permitted.
The maximum number of animals permitted in
a commercial kennel shall be
one hundred (100), inclusive of pet day care.
related to lot size as follows: not more than five animals on
the first two acres and a maximum of five additional animals for each additional acre. In no case shall a commercial kennel exceed 50 ani-
mals.
Outdoor runs.
The minimum size of any outdoor run shall be 3,000 square feet and there shall be no more that 25 dogs in the
run at any given time. The outdoor runs must be screened with an opaque fence or wall at least 6 feet in height.
Setbacks.
Buildings
in which animals are kept,
outdoor
animal runs and exercise areas shall not be located in any required front, side, or rear yard setback
area, and shall be located at least 100
60
feet from any
residential
dwellings or buildings used by the public on adjacent property.
Inspections.
An annual certification shall be obtained from the animal control officer or designee
Township
that the applicant’s boarding
kennel has been inspected as to adequate construction and comfortable housing for the dogs kept therein.
Certification of compliance.
An
annual certification shall be obtained from the public safety department that the applicant has not been convicted of any violations of this
chapter during the preceding year. (6)
Enclosures.
Outdoor kennel enclosures shall be enclosed with cyclone fencing and heavy shrubbery
or with solid fencing, either of which shall be at least four feet high but no higher than six feet, the purpose of which fencing shall be to
completely barricade the location of the kennel from sight. (7)
Floors and runs.
Floors and runs shall be of cement, gravel or stone and
shall be sloped to drain readily. (8)
Stall space.
Stall space for each small dog shall be not less than three feet by five feet by four feet high.
Stall space for each medium to large dog shall be not less than five feet by eight feet by six feet high. The stall space requirements listed
in this subsection are for single dog runs. If two or more dogs use the same run, the size of the stall spaces shall be adjusted to ensure each
dog the minimum space required for each dog. (9)
Access for inspection.
Commercial kennels shall be reasonably open to inspection by
the animal control officer
Township
at all timesSec. 14-193. - Issuance; fee; issuance of tags. Kennel licenses shall be issued by the town-
ship clerk or his duly authorized representative on a form prepared and supplied by him and shall entitle the licensee to keep the number
of dogs, six months old or older, specified in the license. The annual fee to be paid for each private kennel license shall be $25.00 and the
annual fee to be paid for each commercial kennel license
s
shall be $100.00
set by resolution of the Township board.
With each kennel
license, the township clerk or his duly authorized representative shall issue a number of tags of durable material equal to the number of
dogs authorized to be kept in the kennel. Such tags shall be readily distinguishable from the individual license tags issued.
SECTION 2.
VIOLATION AND PENALTY
Any person or entity that violates any provision of this Ordinance may, upon conviction, be fined not
more than Five Hundred ($500.00) Dollars or imprisoned not more than Ninety (90) days, or both, in the discretion of the court.
SEC-
TION 3. SEVERABILITY
If any clause, sentence, section, paragraph or part of this Ordinance, or the application of thereof to any per-
son, firm, corporation, legal entity or circumstances, shall be for any reason adjudged by a court of competent jurisdiction to be uncon-
stitutional or invalid, said judgment shall not affect, impair or invalid the remainder of this Ordinance. It is hereby declared to the leg-
islative intent of this body that the Ordinance is severable, and that the Ordinance would have been adopted had such invalid or uncon-
stitutional provisions not have been included in this ordinance.
SECTION 4. REPEAL OF CONFLICTING ORDINANCES
All
Ordinance or parts of Ordinance is conflict herewith is hereby repealed only to the extent necessary to give this Ordinance full force and
effect.
SECTION 5. SAVINGS CLAUSE
All rights and duties which have matured penalties which have been incurred, proceedings
which have begun and prosecution for violations of law occurring before the effective date of this Ordinance are not affected or abated by
this Ordinance.
SECTION 6. PUBLICATION
The Clerk for the Charter Township of Canton shall cause this Ordinance to be published
in the manner required by law.
SECTION 7. EFFECTIVE DATE
This Ordinance, as amended, shall take full force and effect upon pub-
lication as required by law.
Item 4.APPROVAL TO SET THE FEE FOR THE ANIMAL FANCIER PERMIT ANNUALLY.
(CLERK)
Motion by Bennett, supported by McLaughlin to set the fee for the Animal Fancier Permit at $75.00 annually with at $20.00
late fee after January 30th of the calendar year. Motion carried unanimously. Motion by Bennett, supported by Williams to waive the late
fee for the 2013 calendar year. The late fee being implemented after January 30, 2014. Motion carried unanimously. I
tem 5. CONSID-
ER FIRST READING OF CODE OF ORDINANCE AMENDMENTS TO THE ZONING ORDINANCE. (MSD)
Motion by
Bennett, supported by Williams to table for consideration amendments to Sections 1.03, 6.02, and 23.02 of Appendix A –Zoning of the
Code of Ordinances of the Charter Township of Canton as provided in the attached ordinance amendment. Motion carried unanimously.
STATE OF MICHIGAN COUNTY OFWAYNE CHARTER TOWNSHIP OF CANTON AN ORDINANCE AMENDINGAPPEN-
DIX A – ZONING, OF THE CODE OF ORDINANCES OF THE CHARTER TOWNSHIP OF CANTON, MICHIGAN, BY
AMENDING ARTICLE 1.00 – RULES OF CONSTRUCTION AND DEFINITIONS; ARTICLE 6.00 - SITE DEVELOPMENT
STANDARDS APPLICABLE TO SPECIFIC USES; AND ARTICLE 23.00 – GI, GENERAL INDUSTRIAL DISTRICT TO
PROVIDE DEFINITIONS AND REGULATIONS RELATED TO THE OPERATION OF KENNELS AND SEASONAL SALES
PERMITS IN THE TOWNSHIP. THE CHARTER TOWNSHIPOF CANTON ORDAINS: SECTION 1. AMENDMENT TO THE
CODE ARTICLE 1.00 – RULES OF CONSTRUCTION AND DEFINITIONS Sec. 1.03. – Definitions.
[Amend the following defi-
nition.]
Kennel:
Any lot or premises on which three (3) or more
than a total of five (5)
dogs, cats, or other domestic animals six (6)
months or older are kept, either permanently or temporarily, either for sale, breeding, boarding, training, hobby, protection, or pets, sub-
ject to the regulations set forth herein regulating private and commercial kennels. This definition
includes any facility with outdoors runs,
but shall
does not apply to indoor pet boarding facilities, as defined below:
Pet Boarding Facility (indoor
): A building or structure locat-
ed on any lot or parcel of land which is approved for the use of indoor boarding of dogs and cats pursuant to the requirements of Chapter
14. Pet boarding facilities shall include pet day care facilities
without outdoor runs
. [Create the following definition.]
Seasonal Sales
Permit:
A temporary use permit reviewed and approved by the Planning Commission which allows sales of seasonal merchandise in tem-
porary structures for defined periods of time. .
ARTICLE 6.00 – SITE DEVELOPMENT STANDARDS APPLICABLE TO SPE-
CIFIC USES Sec. 6.02. – Site development standards for nonresidential uses.
- J. [Unchanged.] K.
Kennels.
The following regula-
tions shall apply to kennels and indoor pet boarding facilities:
Private Kennels
. Private kennels to house only the animals owned by the
occupant of the dwelling unit shall be permitted subject to the following:
Lot Size
. The lot on which any such kennel is located shall be
a minimum of two (2) acres in size.
Number of Animals
. More than three (3)
five(5),
but not more than five (5)
eight (8)
animals over
the age of six (6) months shall be permitted to be housed in a private kennel
, subject to the requirements in Chapter 14.
Breeding
.
Breeding of animals shall be restricted to no more than two (2) litters per year.
Setbacks
. Buildings in which animals are kept, animal
runs, and exercise areas shall not be located in any required front, side, or rear yard setback area, and shall be located at least one hundred
(100) feet from any dwellings or buildings used by the public on adjacent property.
Commercial Kennels
. Commercial kennels shall be
permitted subject to the following:
Operation
. Any such kennel shall be subject to all permit and operational requirements established
in
Chapter 14 and
by county and state regulatory agencies.
Lot Size
. The lot on which any such kennel is located shall be a minimum of
two (2) acres in size
, except in the LI, Light Industrial and GI, General Industrial districts, where there is no minimum lot size.
Number
of animals
. The maximum number of animals permitted in a commercial kennel shall be related to lot size as follows:
Not more than
five (5) animals on the first two (2) acres and a maximum of five (5) additional animals for each additional acre.
In no case shall
a commercial kennel exceed
fifty (50)
one hundred (100) animals, inclusive of pet day care.
Outdoor runs
. The minimum size of any
outdoor run shall be 3,000 square feet and there shall be no more than 25 dogs in the run at any given time. The outdoor runs must
be screened with an opaque fence or wall at least 6 feet in height and shall be located in a side or rear yard. In the LI, Light Industrial
District, the screening must meet the guidelines of Section 22.03, subsection 3.
Setbacks
. Buildings in which animals are kept,
outdoor
animal runs, and exercise areas shall not be located in any required front, side, or rear yard setback area, and shall be located at least one
hundred (100)
sixty (60)
feet from any
residential
dwellings or buildings used by the public on adjacent property. 3.
Pet Boarding Facility
(indoor)
. Indoor pet boarding facilities shall be considered pursuant to the provisions of Chapter 14 and subject to the following require-
ments:
Outdoor runs/exercise areas.
Outdoor runs and/or exercise areas are not permitted in conjunction with these facilities.
Parking
.
The applicant shall demonstrate that parking is adequate for the employees and patrons of the facility based on the size and scope of the
business. N
umber of Animals
. The applicant shall specify the maximum number of dogs and cats proposed to be boarded and shall uti-
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