HomeMy WebLinkAboutResolutions - 1987.06.25 - 17822Iviiscclianeous 87171
By: Public Services Committee - Richard D. Kuhn, Jr., Chairperson
In re: Animal Control - Renewal of Ciy of Southfield Animal Control Services Agreement
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Animal Control Division administers the
provisions of P.A. 339 of 1919 as amended (the Dog Law), and
WHEREAS the City of Southfield is seeking renewal of animal control
services on a five-year agreement basis, and
WHEREAS the Oakland County Animal Control Division and the Department
of Management and Budget through a financial analysiS have found that the Oakland
County Animal Control Division is in a position to accommodate the City of
Southfield's request, and
WHEREAS County and City officials have reached agreement with respect
to scope of services and compensation, and
WHEREAS the government of Oakland County would recover 1007 of its costs
incurred in rendering services to the City of Southfield.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
approves the attached agreement for animal control services between the County
and the City of Southfield.
BE IT FURTHER RESOLVED that the County Executive and Chairperson of the
Board of Commissioners are herewith authorized to sign the agreement on behalf of
the County.
Mr. Chairperson, on behalf of the Public Services Committee, I move the
adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Richard D. Kuhn, Jr.-,thairperSon
County Clerk/Register Of Deeds
All Ju.e
oda infr'fit.
., t. ALLEN
day of 19 8,
RESOLUTION # 87171
June 25, 1987
Moved by Richard Kuhn supported by Perinoff the resolution be adopted,
AYES: Moffitt, Nelson, Page, Perinoff, Pernick, Price, Rewold, Rowland,
Skarritt, Aaron, Caddell, Crake, Doyon, Gosling, Hobart, Jensen, Richard Kuhn, Susan
Kuhn, Lanni, Law, Luxon, McConnell, McDonald, Angus McPherson. (24)
NAYS: None, (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, Lynn D. Al1en, Clerk of the County of Oakland and having a seal,
do hereby certify that I have compared the annexed copy of
this Miscellaneous Resolution adopted by the Oakland County Board of Commissioners
at their meeting held on June 25, 1987
with the orginial record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof,
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
this 25th
AGREEMENT TO PROVIDE SERVICES
• THIS AGREEMENT made and entered into this 25th day of
June , 1987, by and between the COUNTY OF OAKLAND, a Michigan
Constitutional Corporation, whose principal address is 1200 North Telegraph Road,
Pontiac, Michigan 48053, hereinafter referred to as "COUNTY," and the CITY OF
SOUTHFIELD, a Michigan Municipal Corporation, whose principal address if 26000
Evergreen Road, Southfield, Michigan 08076, hereinafter referred to as "CITY."
WHEREAS, it appears that it would be of mutual advantage to the CITY and
the COUNTY for the COUNTY to assume certain responsibilities under this Agreement
to assist in the enforcement of the animal laws and regulations of the State of Michigan,
those being P.A. 339 of 1919, as amended, and the selected provisions of the Ordinance
of the City of Southfield (refer to pp. 2);
NOW THEREFORE, in consideration of the mutual covenants hereinafter set
forth, the parties agree as follows:
I. DUTIES ASSUMED BY THE COUNTY. The COUNTY agrees that it
will, during the term of this Agreement and any extensions thereof, perform the
following duties:
A. Provide animal control services within the corporate limits of the
City of Southfield consistent with the provisions of the laws of the State of Michigan,
specifically P.A. 339 of 1919, as amended, and consistent with the terms of the "Service
Profile," attached hereto as Exhibit A.
B. Provide proper food, water, shelter and humane care for all stray
animals impounded and such small animals as are brought to the CITY'S Animal Shelter
by residents of the CITY, until they are placed or otherwise humanely disposed of in
accordance with applicable laws consistent with the terms of this Agreement. An.y
animals captured within the City of Southfield shall be held in the Southfield facility for
the full duration of the statutory holding period.
C. Write tickets for dogs and livestock running at large, impound
stray dogs and livestock, and remove dead animals from public highways,
D. Conduct bite investigations of persons bitten by small animals
within the City limits and provide proper food, water, shelter and humane care for any
small animal which is suspected of infection with rabies, quarantined or isolated for such
period of time as may be required by applicable law, attached hereto as Exhibit B.
E. Administer selective provisions of the CITY'S Animal Ordinance
in effect as of the date of execution of this Agreement, as attached hereto as Exhibit C.
F. Operate the CITY OF SOUTHFIELD'S Animal Shelter located at
25501 Clara Lane, Southfield, Michigan iiS076, and maintain suitable office hours at
that Shelter for the convenience of the residents of the CITY and for the purpose of
transacting business in connection with the duties under this Agreement, and for the
purpose of receiving small animals and, consistent with the provisions of the ordinances
of the CITY for the redemption of impounded animals. The COUNTY will make every
reasonable effort to notify owners of identifiable impounded animals, by telephone or
mail, pursuant to the policies, practices and procedures of Oakland County's Animal
Control Division, attached hereto as Exhibit D.
G. Upon completion of the required holding period, stray small
animals become the property of the COUNTY and may be placed or disposed of
according to law, attached hereto as Exhibit E.
H. All dogs of required vaccination age, prior to release by the
COUNTY to residents of the CITY, shall have been vaccinated against rabies or have
proof shown of vaccination against rabies within the legally required time prior to being
released. No dog shall be released to a resident of the CITY until a County dog license
has been obtained.
I. Provide for the sale of COUNTY dog licenses at the Shelter and
issue such licenses to the CITY'S designated officials which shall be deputized by the
Oakland County Treasurer. Sale of such licenses shall be consistent with the policies,
practices and procedures of the Oakland County Treasurer. Said license fees shall be
those established by the COUNTY pursuant to the Board of Commissioners Resolutions
(Exhibit K).
J. Provide for the sale of COUNTY dog kennel licenses at the CITY
Animal Shelter and COUNTY Animal Care Center. Sale of such licenses shall be
consistent with the policies, practices and procedures of the Oakland County Treasurer.
Said kennel license fees shall be those establis.hed by the COUNTY pursuant to the Board
of Commissioners Resolutions.
K. Collect pick-up fees and impounding fees. Said fee schedules for
dogs within the corporate City limits shall be those established by the COUNTY pursuant
to the Board of Commissioners Resolutions
L. Revenue from enforcement of the CITY'S Ordinances as set forth
above, together with license fees, kennel fees, impounding fees, vaccination fees,
veterinarian fees and the adoption of animals shall accrue to the COUNTY, whether
collected by the CITY or the COUNTY,
M. Accept and dispose of all small dead animals picked up by a
resident of the CITY and turned over to the COUNTY.
N. Indemnify and hold the CITY harmless and defend it against all
demands, claims, causes of action or judgments and from all expenses that may be
incurred in investigating or defending against the same, arising from any act, neglect or
omission on the part of the COUNTY, its agents or employees or agents under the
control of the Oakland County Animal Control Division or its designated representative .,
pursuant to the duties and terms of this Agreement,
O. Assume the responsibility for the direct payment of salaries,
wages or other compensation for County employees performing services as set forth in
this Agreement, except as otherwise specified.
P. The COUNTY shall be free to enter into similar contractual
agreements with other municipalities without obtaining approval from the CITY, so long
as such agreements do not impair performance of this Agreement by the COUNTY. In
the event the COUNTY or other municipalities, as a result of such other contractual
agreements, utilized the Southfield Animal Shelter, the percentage cost of said
utilization shall be accounted for and applied so as to defray the cost of operation to the
City.
Q. The COUNTY may provide an Adoption program for all small
animals impounded at the Southfield Animal Shelter from the City of Southfield but not
limited to the City of Southfield,
IL DUTIES ASSUMED BY THE CITY. The CITY agrees that during he
terra of this Agreement they will perform the following duties:
A. To provide in its entirety the present Southfield Animal Control
building rent free to the COUNTY for the period of this Agreement. The legal
description of said facility is attached hereto as Exhibit F. Included with the building,
the CITY agrees to provide the following:
1. Security for the building.
2. Keys for all locks.
3. Liability insurance to cover the building and any injury to
citizens while in the building. Said insurance is not to cover COUNTY employees.
3
4. Maintenance of said facility which includes, but is not
limited to, the office interior cleaning, maintenance of the exterior of the building, snow
removal, and grounds care.
5. Building repairs when necessary, both the interior and
exterior; however, COUNTY has the right, at its own expense, to remodel the interior
without limitations and to remove, if necessary, the existing cages and replace them
with cages belonging to the COUNTY, and make any necessary alterations to kennel
areas including drains, etc.
6. The CITY will provide, free of charge, to the COUNTY the
following utilities for said facility: Heat, Lights, Gas, Water and Sewer. Further, the
CITY will provide one (1) local telephone line.
7. The CITY will provide, free of charge, all cages and
equipment presently contained in the facility. An inventory list of all equipment and the
code or identification numbers for that equipment is attached hereto as Exhibit G.
8. The CITY will provide, free of charge, the existing radio and
communications system which includes (1) base station and two (2) mobile units.
B. Maintain, at no cost to the COUNTY, two (2) Animal Control
vehicles, the description of which is attached hereto as Exhibit H. The COUNTY has the
right to alter said vehicles in any manner deemed necessary to provide animal control
services in the City of Southfield. In regard to these vehicles, and other Animal Control
vehicles stationed at said facility, the CITY additionally promises to:
I. Provide access to CITY-owned gas pumps on an emergency
basis to COUNTY Animal Control personnel.
2. Provide gasoline to COUNTY Animal Control vehicles on an
emergency basis at the same fee per gallon basis as is uniformly charged to other city
governmental divisions.
3. Provide maintenance service for COUNTY Animal Control
vehicles stationed at said facility on an emergency basis at the same rate basis as is
charged to other city governmental divisions.
C. Maintain its Animal Ordinances for the period of this Agreement
and, further, to consult with the COUNTY prior to initiating any changes in said
Ordinance. The CITY will provide adequate copies of its Ordinance to the COUNTY and
to promptly furnish the COUNTY with copies of all new ordinances, amendments or
regulations.
D. Authorize for the limited purpose of enforcing the Animal
Ordinance of the CITY OF SOUTHFIELD, designated .Animal Control Officers stationed
to the Southfield Animal Shelter.
4
E. Agree that this service Agreement shall be governed by the
policies, practices, fee schedules and operational procedures established by the Oakland
County Board of Commissioners and the Oakland County Division of Animal Control, as
indicated in the "Service Profile" attached hereto as Exhibit A.
F. The CITY understands that the provision of service above and
beyond the "Service Profile" provided by the COUNTY (attached hereto) and contained
elsewhere in this Agreement shall be at the option and expense of the CITY.
G. The Southfield Police Department shall be responsible for "after
hours" activities as specifically set forth in Exhibit I attached hereto.
H. Prior to and during the term of this Agreement, the CITY shall
take appropriate measures to publicize and inform its residents of this continuance of
service provided.
I. The CITY shall provide the COUNTY with a complete list of its
1986 dog census, including, but not limited to, the following information;
1. Owner's name and address,
2. License status; Date of issue and duration of license.
3. License number.
The CITY shall be responsible for a yearly dog census as per State
law P.A. 339 of 1919 and have a goal of 70% licensed dogs by 1991. The information
from the yearly census shall be provided to the COUNTY.
3. The CITY shall agree that the COUNTY shall not be limited to
use of the shelter for the CITY animals but shall be able to use same as needed by the
COUNTY for animals impounded in its service area.
TERM OF AGREEMENT AND CONSIDERATION.
A. It is mutually agreed that the term of this Agreement shall be
five (5) years, said period commencing with the date of execution of this Agreement.
Upon completion of the term of this Agreement, the provisions thereof shall be subject
to review and renewal by written agreement of the parties. Failure by either party to
comply with the material provisions of this Agreement shall be deemed sufficient cause
for termination. Such notice of termination for failure to comply with the material
provisions of this Agreement shall be given in writing at least sixty (60) days prior to the
effective date of the termination. Either party may unilaterally terminate this
Agreement without cause or reason provided notice of such intended termination is given
in writing at least one-hundred twenty (120) days prior to the effective date of
termination
5
ty Executive ;441;st
an
OAKLA1D-CN_INTY B
By:
Roy RewoldiChairi)e.rson
OF COMMISSIONERS
CITY OF SOUTHFIE.L.P
B y:
B y :
B. It is mutually a greed that the revenue generated with respect to
this A greement shall be distributed as follows:
1. Oakland County dog licenses and kennel licenses sold
exclusively within the corporate limits of the CITY and the revenue realized therefrom
shall accrue to the Oakland Count y Treasurer throu gh the Oakland Count y Animal
Control Division, whether said license fees are collected b y the COUNTY or the CITY.
2. Revenue realized from veterinarian fees, vaccination fees,
or kennel fees shall accrue to the COUNTY.
3. Revenue generated from the adoption of animals shall
accrue to the COUNTY.
4. Revenue realized from District Court fines resultin g from
the enforcement of selected provisions of Southfiek_fs Animal Ordinance b y the COUNTY
shall be collected b y the CITY and made payable to the COUNTY.
5. The CITY shall, on a q uarterly basis, reimburse the
COUNTY for an y operational losses incurred in renderin g service to the CITY, based on
Count y standard billing procedures and support documentation, provided however that
receipts b y the Count y of sums in excess of that amount necessar y to make the Count y
whole shall be returned to the Cit y by the County (See Exhibit 3.).
C. It is mutually agreed that the terms and duties created and
imposed by and upon the respective parties shall be considered b y the same as havin g
been in effect on Ma y 10, 1987.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed b y their respective dul y authorized officers on the da y and year first above
written.
COUNTY Tn F OAKLAND ,
OAKL AVE, C014r-ITX., NECT,.:!7TIVE
6
DEFINITIONS
"County" refers to the County of Oakland, a Michigan Constitutional Corporation.
"City" refers to the City of Southfield, a Michigan Municipal Corporation.
"Impounded Small Animals" means all dogs, cats, wildlife, rodents and all other animals
commonly kept as domestic pets which are impounded (strays) and confined at the
Southfield Animal Shelter by: (I) agents of the animal control programs and/or (2) action
of residents of municipality under contract.
"Bite investigation" means any stray or owned animals from the City of Southfield service
area requiring quarantine or observation by order of the Oakland County Department of
Health or his authorized representative.
"Required holding period" shall be in accordance with the provisions of P.A. 1969, and any
subsequent amendments thereto, and P.A. 157, 1969.
"License fees" means those charges to the owner of a dog which are claimed at the
Animal Shelter in accordance with provisions of this contract
"Impounding fees" means pick-up fees charges rendered to an owner upon his application
to reclaim an animal which, by action of a municipality, has been impounded. Such fees
shall be determined consistent with provisions of this contract.
"Veterinarian fees" include all revenue collected by medical duties performed by the
Oakland County consulting veterinarian.
"Pick-up fees" means impoundment fees charges rendered to an owner upon his application
to reclaim an animal which, by action of a municipality, has been picked up and
impounded. Such fees shall be determined consistent with provisions of this contract,
"Public highways" means a main road or thoroughfare open to the use of the public or
community.
7
COUNTY OF OAKLAND
DANIEL T. MURPHY, COUNTY EXECUTIVE
EXHIBIT A
SERVICE PROFILE
If Oakland County Animal Control assumes the responsibility of the City of
Southfield Animal Control, the following services will be provided in
accordance with the State Dog Law of 1919, Public Act 339, MCLA 287.261,
at seq; MSA 12.511, at seq; as amended.
No additional ordinances will be enforced other than those so stated in the
State Law PA 339.
State Dog Law PA 339 of 1919
Leash law on dogs
Bite investigations (dog, cat, wildlife) and quarantine
Livestock at large
License enforcement
Patroling and impoundment of stray dogs
Investigation of all animal bites and quarantine of animals
Impoundment of livestock straying on private property and
public thoroughfares
Removal of dead animals from public highways
Impoundment of animals will be at the Southfield Shelter
Do not handle wildlife calls unless involved in a human bite.
All wildlife calls are referred to Department of Natural
Resources or private licensed trappers.
HOURS & EMERGENCY CALL OUTS
Working hours
Emergency calls
8:00 a.m. - 4:00 p.m.
Monday through Friday
After working hours and weekends/holidays
Handled through City of Southfield Police
Department (Arrangements to be worked out
with the Police Department)
8
EXHIBIT B
R 325.40 RABIES ACT 146 - P.A. 1919
Reporting and placarding
Cases of rabies in humans and animals shall be reported.
Dog bites shall be reported.
No placard is required.
All laboratories in Michigan making examinations of dogs or other animals for rabies
shall report the following data to the State Health Commissioner on the first day of
the month following the examination: kind of dog, name and address of owner of
dog, name and address of person submitting specimen, and date and results of
examination.
Cases and suspected cases
Whenever the body of a person having died of rabies, or a disease suspected of being
rabies, is autopsied, or whenever a body is autopsied following death which may be
attributed to administration of prophylactic rabies vaccine, the person making the
autopsy shall be responsible for immediately transferring a portion of the
hippocampus major and spinal cord to the Michigan Department of Health
Laboratories in Lansing for pathological examination and animal inoculation. A
- history of the case shall accompany the specimen.
Dogs and other animals
Any dog, or other animal that has bitten a person shall be held in confinement for a
period of at least ten days from the date the person was bitten. If the animal dies
during the period of confinement, the head shall be sent to a laboratory for
examination for evidence of rabies.
9
EXHIBIT C
CHAPTER 113. ANIMALS*
Sec. 9.61. Short title.
This chapter shall be known as the "City of Southfield Animal
Control Ordinance."
(Ord. No. 1095, § 1, 5-10-83)
Sec. 9.62. Purpose and intent.
This chapter provides for the regulation, care, preparation and
humane treatment of dogs, animals, birds and fowl within the city
exclusive of the licensing of dogs and dog kennels which shall be
governed by Public Act 339 of 1919, as amended [MCL 287.261 et
seq.], by amending the Code of the City of Southfield as adopted
by Ordinance No. 902 and by repealing Ordinance No. 833, enti-
tled "Animals," as published October 31, 1973.
(Ord. No. 1095, § 1, 5-10-83)
Sec. 9.63. Definitions.
For the purpose of this chapter:
(a) Livestock includes horses, stallions, colts, geldings, mares,
sheep, rams, lambs, bulls, bullocks, steers, heifers, cows,
calves, mules, jacks, jennets, burros, goats, kids and swine,
and fur-bearing animals being raised in captivity.
(b) Poultry includes all domestic fowl and wild birds,
(c) Owner when applied to the proprietorship of a dog includes
every person having a right of property in the dog, and
every person who keeps or harbors the dog or has it in his
care, and every person who permits the dog to remain on
or about any premises occupied by him.
(d) Owner, person, and whoever shall be held to include corpo-
rations as well as individuals, and the knowledge and acts
of agents of and persons employed by corporations in re-
*Editor's note—Ord. No. 1095, § 1,5-10-83 amended Ch. 113 to read as herein
set out in H 9.61-9.80. Former Ch. 113 contained similar subject matter and was
derived from the 1976 codification.
Cross reference—Disposition of unclaimed animals other than dogs, § 1.110.
9617
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Exhibit C
Page 2
9.63 SOUTHFIELD CODE
g-ard to animals transported, owned or employed by or in
the custody of such corporation, shall be held to be the acts
and knowledge of such corporations. IMCL 750.56]
(e) Kennel means any establishment wherein or whereon three
(3) or more dogs are confined and kept for sale, boarding,
breeding or training purposes, for remuneration. [MCL
287.2701
(0 Law enforcement officer means any person employed or
elected by the people of the state, or by any municipality,
county or township, whose duty it is to preserve peace or to
make arrests or to enforce the law, and includes conserva-
tion officers and members of the state police. INICL 287.2611
Hunting means allowing a dog to range freely within sight
or sound of its owner while in the course of hunting legal
game or an unprotected animal. [MCL 287.261]
(h) Animal or animals shall be held to include all brute crea-
tures and any mammal except rodents not kept as pets,
and except livestock. [MCL 750.561
(Ord. No. 1095, § 1, 5-10-83)
Cross reference—Definitions and rules of construction generally, § 1.7.
Sec. 9.64. Cruelty to animals prohibited.
Whoever overdrives, overloads, drives when overloaded, over-
works, tortures, torments, deprives of necessary sustenance, cru-
elly beats, mutilates or cruelly kills, or causes or procures to be so
overdriven, overloaded, driven when overloaded, overworked, tor-
tured, tormented, deprived of necessary sustenance, cruelly beat-
en, mutilated"- Or cruelly killed, any animal; and whoever having
the charge or custody of any animal, either as owner or other-
wise, inflicts unnecessary cruelty upon the same, or wilfully fails
to provide the same with proper food, drink, shelter or protection
from the weather, is guilty of a misdemeanor and shall be im-
prisoned for not more than ninety (90) days or fined not more
than five hundred dollars ($500.00) or by both. The cropping of
dugs' ears shall be considered to be a mutilation or cruelty to an
animal within the meaning of this chapter, unless such cropping
(g)
9618
11
Exhibit C
Page 3
ANIMALS § 9.67
is performed by a registered veterinary surgeon while the dog is
under anesthetic. [PA 91 of 1974, MCL 752.21].
(Ord. No. 1095, § 1, 5-10-83)
Sec. 9.65. Cruelty to poultry.
Whoever molests, injures, kills or captures any wild bird, or
disturbs the nest of any wild bird, unless otherwise permitted by
law, shall be guilty of a misdemeanor and shall be imprisoned for
not more than ninety (90) days or fined not more than five hun-
dred dollars ($500.00) or by both.
(Ord. No. 1095, § 1, 5-10-83)
Sec. 9.66. Permitting dogs to stray.
Whoever owns or harbors any dog six (6) months old or over,
unless the dog is licensed by PA. 339 of 1919, as amended (114CL
287.26, et seq.1; or owns or harbors any dog six (6) months old or
over that does not at all times wear a collar with g tag approved
by the director of agriculture attached as provided by law, except
when engaged in lawful hunting accompanied by its owner or
custodian; or permits a female dog to go beyond the premises of
her owner when she is in heat, unless the female dog is held
properly in leash; or whoever allows a dog, except working dogs,
such as leader dogs, guard dogs, farm dogs, hunting dogs and
other such dogs when accompanied by their owner or his author-
ized agent, while actively engaged in activities for which such
dogs are trained, to stray, unless held properly in leash, is guilty
of a misdemeanor and shall be imprisoned for not more than
ninety (90) days or fined not more than five hundred dollars
($500.00) or by both. [PA 339 of 1919, as amended, MCL 287.262]
(Ord. N. 1095, § 1, 5-10-83)
Sec. 9.67. Cruelly working, transporting, abandoning animals.
Every owner, possessor or person having the charge or custody
of any animal, who cruelly drives or works the same when unfit
for labor; or who shall carry or cause to be carried on or upon any
vehicle or otherwise any live animal having the feet or legs tied
together, or in any other cruel and inhumane manner; or shall
carry or cause to be carried any live animal in or upon any
vehicle or otherwise without providing suitable racks, cars, crates
9619
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Exhibit C
Page 4
9.67 SOUTHFIELD CODE
or cages, in which such animal may stand or lie down during
transportation and while awaiting slaughter; or who shall aban-
don any diseased, maimed, hopelessly sick, infirm or disabled
animal, in any place; or who shall wilfully or negligently permit
and allQw any aged, diseased, maimed, hopelessly sick or disa-
bled animal to suffer unnecessary torture or pain, shall be guilty
of a misdemeanor, and shall be imprisoned for not more than
ninety (90) days or fined not more than five hundred dollars
($500.00), or by both. [PA 328 of 1931, MCL 750.50]
(Ord. No. 1095, § 1, 5-10-83)
Sec. 9.68. Sanitary requirements,. .•
Every person lawfully keeping any animal shall maintain the
premises, in which it is kept in a sanitary condition and free of
insects, vermin or obnoxious odors and to that end shall in any
structure housing a horse:
(1) Construct a ten-inch clay floor;
(2) Keep manure in a container or trailer not less than one
hundred seventy-five (175) feet from any dwelling except
that of the owner and dispose thereof at least once each
week;
(3) Treat both the floor and manure accumulation daily with
hydrated lime or such other chemical as will prevent odor.
(Ord. No. 1095, § 1, 5-10-83)
Sec. 9.69. Harboring a barking dog.
Whoever harbors or keeps any dog which by loud, frequent or
habitual barking, yelping or howling, causes an annoyance to the
neighborhood shall be guilty of a misdemeanor.
(Ord. No. 1095, § 1, 5-10-83)
Cross reference—Noise control, § 9.10 et seq.
Sec. 9.70. Harboring a vicious dog.
Whoever harbors or keeps a fierce or vicious dog, or a dog that
has been bitten by any animal known to have been afflicted with
rabies shall be guilty of a misdemeanor.
(Ord. No. 1095, § 1, 5-10-83)
9620
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Exhibit C
Page 5
ANIMALS § 9.75
Sec., 9.71. Failing to surrender a rabid animal.
Whoever refuses to surrender any animal in his or her posses-
sion upon the demand of a peace officer who has reason to believe
the animal has contracted rabies, been subjected to rabies, or has
bitten any person is guilty of a misdemeanor.
Any animal so surrendered shall be held for treatment and
observation for a period of ten (10) days in a facility provided by
the city, or at the request and sole expense of the animal owner
at any kennel approved by the city administrator.
(Ord. No. 1095, § 1, 5-10-83)
Sec. 9.72. Failing to report rabid animal,
Whoever owns or harbors any animal which is bitten by an-
other animal showing symptoms of rabies who fails to report the
incident to the police department shall be guilty of a misdemeanor.
(Ord. No. 1095, § 1, 5-10-83)
Sec. 9.73. Failing to produce license.
Whoever owns or harbors a dog more than six (6) months of age
and fails to produce a valid dog license upon the request of any
person authorized to enforce this chapter shall be guilty of a
misdemeanor. [MCL 287 ,269a]
(Ord. No. 1095, § 1, 5-10-83)
Sec. 9.74, Failing to keep license and collar on dog.
Whoever owns or harbors a dog more than six (6) months of age
and _fails to affix a valid dog license to a substantial collar which
shall at all times be kept on the dog for which the license is
issued shall be guilty of a misdemeanor.
(Ord. No. 1095, § 1, 5-10-83)
Sec. 9.75. Goats and swine prohibited.
Any person who keeps live goats or swine on any premises
within the city except in slaughterhouses or yards adjacent thereto,
shall be guilty of a misdemeanor. •
(Ord. No. 1095, § 1, 5-10-83)
9621
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Exhibit C
Page 6
§ 9.76 SOUTHFIELD CODE
Sec. 9.76. Keeping other animals.
It shall be unlawful for any person to keep any animal or fowl
within one hundred seventy-five (175) feet of any dwelling other
than dwelling of owner, or to permit any animal or any fowl
owned by him, or in his possession or control, to run at large in
any street, alley or public place, or upon the premises of another
without express permission of the owner or occupant thereof,
except such animals as are commonly housed in a human dwell-
ing as household pets.
(Ord. No. 1095, § 1, 5-10-83)
Sec. 9.77, Employment standards. • •
The minimum employment standards relative to the recruit-
ment, selection and appointment of animal control officers shall
at least equal the minimum standards of PA 1972, NO. 349,
[MU 287.289c].
(Ord. No. 1095, § 1, 5-10-83)
Sec. 9.78. Exposing poisonous substances where liable to
be eaten by beasts,
Any person who shall expose any known poisonous substance,
whether mixed with meat or other food or not, so that the same
shall be liable to be eaten by any horses, cattle, dogs or other
beasts of another, shall be guilty of a misdemeanor; provided,
that it shall not be unlawful to expose on one's own premises
common rat poisons mixed only with vegetable substances. [PA
328 of 1931, MCL 750.437]
(Ord, No: 1095, § 1, 5-10-83)
-
Sec. 9.79. Issuance of dog and kennel licenses.
The licensing of dogs and dog kennels and the payment of
claims for damages caused by dogs shall be as provided in Public
Act 339 of 1919, [MCL 287.261 et seq.]. Applications for county
dog licenses may be made at the office of the city clerk pursuant
to Public Act 317 of 1977 [MCL 287.274] and council resolution
No. 82.324. The provisions of this chapter may otherwise be
enforced as provided in the agreement approved by council Reso-
lution No. 82.130.
(Ord. No. 1095, § 1, 5-10-83)
9622
15
Exhibit C
Page 7
ANIMALS § 9.121
Sec. 9.80. Dog kennels.
(1) Any person who keeps or operates a kennel shall have each
dog confined therein licensed as required by sections 9.62, 9.73
and 9.74 of this chapter, or in lieu thereof, a kennel license
entitling him to keep or operate a kennel issued by the county
treasurer as provided by Public Act 349 of 1972, as it may be
hereafter amended IIVICL 287 .2701
(2) The licensee of a kennel shall, at all times, keep one (1) of
the kennel tags issued pursuant to Public Act 349 of 1972, as it
may be hereafter be amended, attached to a collar on each dog
four (4) months old or over kept by him under a kennel license.
No dog bearing a kennel tag shall be pbrmitted to stray or be
taken anywhere outside the limits of the kennel. This section
does not prohibit the taking of dogs having a kennel license
outside the limits of the kennel temporarily and in leash, nor
does it prohibit the taking of such dogs out of the kennel tempo-
rarily for the purpose of hunting, breading, trial or show. IMCL
287.2711
(3) Any person who violates this section shall be guilty of a
misdemeanor.
(Ord. No. 1095, § 1, 5-10-83)
Secs. 9.81-9.121. Reserved.
[The next page is 96131
9623
16
EXHIBlT D
EXHIBIT E
All animals that have a known owner through a license tag or other identification.
Owner will be contacted by phone or certified letter as to location of animal and
how to claim said animal.
If after seven (7) days from notification animal will be disposed of according to law.
ACT 139 OF 1974
(05/29/74)
STATE OF MICHIGAN
77TH LEGISLATURE
REGULAR SESSION OF 1974
Introduced by Reps. Spencer and Hoffman
ENROLLED HOUSE BILL NO. 5899
AN ACT to amend section 8 of Act No. 224 of the Public Acts of 1969, entitled "An
act to license and regulate dealers in arid research facilities using dogs and cats for
research purposes; and to repeal certain acts and parts of acts," as amended by Act No. 31
of the Public Acts of 1973, being section 287.388 of the Compiled Laws of 1970.
The People of the State of Michigan enact:
Section 1. Section 8 of Act No. 224 of the Public Acts of 1969, as amended by Act
No. 31 of the Public Acts of 1973, being section 287.388 of the Compiled Laws of 1970, is
amended to read as follows:
Sec. 8. A dealer, a county, city, village, or township operating a dog pound or
animal shelter shall not sell or otherwise dispose of a dog or cat within 4 days after its
acquisition. If the dog or cat has a collar, license, or other evidence of ownership, the
operator of the pound or shelter shall notify the owner in writing and disposition of the
animal shall not be made within 7 days from the date of mailing the notice. Each
operator of a pound or shelter shall be required to maintain a record on each identifiable
dog or cat acquired, indicating a basic description of the animal, the date it was acquired
and under what circumstances. The record shall also indicate the date of notice sent to
the owner of an animal and subsequent disposition.
This section does not apply to animals which are sick or injured to the extent that
the holding period would cause undue suffering, or to animals whose owners request
immediate disposal.
This act is ordered to take immediate effect.
EXHIBIT F
Southfield Animal Shelter located at 25503 Clara Lane on below described land:
Part of the S.W. 114 of Section 17, T.1N., R.I0E., City of Southfield, Oakland
County, Michigan, being more particularly described as:
Beginning at a point, said point being S87 g -35' -56"W„ along
the south line of Section 17, 355.00' and N. 43 °-17-04V.,
along the Centerline of Franklin Road, 120' wide, 1518.00'
and N.2 Q -26' -04"W., 646.06' from the south 1/4 of Section
17, T.1N., R.10E., thence N. 2 -04"W., 250.00'; thence
along the southerly line of Clara Lane, 66' wide, extended
easterly, N.8e-53 °-28"E., 230.00'; thence S.87 °-33'-56"W.,
80.00' to the point of beginning, subject easements and
rights-of-way of record. Containing 1.113 acres of land.
18
EXHIBIT G
ANIMAL SHELTER EQUIPMENT INVENTORY
QUANTITY
1
3
ITEM
4000 XL Phone Recording Device
4 - 6' Extension Ketch-All Poles
4 36" x 24" x 27" Portable Kennels
28 Cubic Foot Amana Freezer
19
EXHIBIT H
City of Southfield Animal Control Vehicle Inventory
Vehicle No. 84-806 1984 GMC 3/4 Ton Pick Up
Vehicle No. 85-804 1985 GMC 3/4 Ton Pick Up
Purchased as part of Oakland County Fleet.
All expenditures charged to City of Southfield (fully cost recovered).
20
EXHIBIT I
After hour emergency calls will be handled by the City of Southfield Police
Department.
This Division will furnish Southfield Police Department with on-call officer for
emergency call outs after hours.
21
COMPARISON OF ESTIMATED REVENUE AND EXPENDITURES
VS. ACTUAL REVENUE AND EXPENDITURES
1982 1983 1984 1985 1986
Estimated Actual Estimated Actual Estimated Actual Estimated Actual Estimated Actual
Revenues
Licenses $17,392 $ 1,703 $17,392 $12,988 $42,231 $23,580 $42,231 $32,248 $40,617 $40,800
Claims 1,020 1,530 1,020 2,440 1,275 2,750 1,275 2,230 1,275 3,400
Adoptions 420 442 420 1,224 525 1,588 525 744 525 722
Shot Fees 180 10 180 20 240 0 240 0 240 0 4,Q Pound Fees 0 1,017 0 1,553 0 2,009 0 1,441 0 1,568
Reimb. General 0 5 0 208 0 181 0 21 0 28
Misc. 0 25 0 275 0 675 0 0 0 0
Bonds 0 0 0 0 0 0 0 200 0 150
$19,012 $ 4,732 $19,012 $18,708 $44,271 $30,783 $44,271 $36,884 $42,657 $46,668
Expenses
Salaries & Fringe $29,149 $25,636 $32,297 $44,021 $36,235 $49,786 $39,375 $51,949 $41,733 $57,438
Contractual Sys. 16,755 1,911 18,338 1,903 19,878 1,812 21,379 6,617 23,165 10,115
Commodities 2,795 1,737 2,412 912 2,643 1,362 3,426 1,252 2,973 774
Capital 11,126 8,944 0 0 0 0 30,000 0 0 0
Internal Svs. 3,797 189 12,296 15,902 13,722 15,485 14,859 17,023 15,749 18,337
$63,622 $38,417 $65,343 $62,738 $72,478 $68,445 $109,039 $76,841 $83,620 $86,664
Prepared by: Budget Division
May, 1987
EXHIBIT
FIVE YEAR REVENUE ESTIMATES
1987 1988 1989 1990 1991
Licenses $40,400 $43,975 $47,350 $48,700 $49,950
Claims 2,000 2,200 2,200 2,400 2,400
Adoptions 700 700 800 800 800
Pound Fees 1,200 1,200 1,500 1,500 1,500
$44,300 $48,075 $51,850 $53,400 $54,650
Revenue Estimate Worksheet
Licenses
# Licenses sold:
at $5.00 1,960 2,180 2,450 2,630 2,820
$7.50 1,440 1,610 1,820 1,980 2,140
$15.00 1,320 1,400 1,430 1,380 1,320
Total 4,720 5,190 5,700 5,990 6,280
Projection based on an estimated number of licenses sold to increase at
a rate of 10% per year through 1989 and at a rate of 5% through 1991.
License Revenue:
at $5.00 $ 9,800 $10,900 $12,250 $13,150 $14,100
$7.50 10,800 12,075 13,650 14,850 16,050
$15.00 19,800 21,000 21,450 20,700 19,800
Total $40,400 $43,975 $47,350 $48,700 $49,950
Charge for Licenses:
Spayed/Neutered $5.00
Female/Male $7.50
Delinquent $15.00
Ratio's for Licenses sold:
Historical Avg. Projected by 1991
Spayed/Neutered 41.5% 45%
Female/Male 30.5% 34%
Delinquent 28.0% 21%
Claims
Based on prior years' revenue data
Adoptions
Based on prior years' revenue data
Pound Fees
Based on prior years' revenue data
23
EXHIBIT J
DESCRIPTION OF REVENUES
Licenses
Claims
Adoptions
Pound Fees
Revenue received from the sale of licenses; based
on the number of licenses sold at each rate, total
licenses sold projected at a 10% increase through
1989 and 5% increase thereafter.
Revenue received for animals claimed by owners;
estimate based on prior years revenues.
Revenue received for adopted animals; estimate
based on prior years revenues.
Revenues received for animals held in kennel until
claimed by owners; estimate based on prior years
revenues.
24
EXHIBIT
FIVE YEAR EXPENSES ESTIMATE
Salaries & Fringes 1987 1988 1989 1990 1991
Salaries $41,512 $43,172 $44,899 $46,695 $48,563
Overtime 1,500 2,000 2,000 2,200 2,200
Fringe Benefits 17,347 17,893 18,325 18,824 19,291
Sub-total $60,359 $63,065 $65,224 $67,719 $70,054
Operating
Contractual $ 8,413 $ 8,355 $ 8,660 $ 8,980 $ 9,100
Commodities 1,659 1,305 1,350 1,400 1,450
Capital Outlay 0 0 ' 0 0 0
Internal Services 17,173 18,540 19,200 19,855 20,560
Sub-total $27,245 $28,200 $29,210 $30,235 $31,110
Total $87,604 $91,265 $94,434 $97,954 $101,164
Salaries and Fringe Benefits-Estimates calculated at a 4% annual increase, based on
prior years' average increases.
Operating Expenses-Estimates calculated at a 3.5% annual increase, based on prior
years' average increase.
EXHIBIT J
Salaries
Overtime
Fringe Benefits
DESCRIPTION OF EXPENDITURES
Salaries and Fringe Benefits
Regular salaries for one (1) Animal Control
Officer and one (1) Shelter Attendant salaries
projected at an estimated 4% increase per year,
based on prior years increases.
Overtime for Shelter Attendant; cleaning of kennel
and animal feeding and after hour emergencies.
Estimated fringe benefits for regular salaries and
overtime.
Operating
Operating expenses projected at an estimated 3.5% annual increase, base on
prior years' expenses, except as noted.
Contractual Services
Professional Services
Administration &
Supervision
Indirect Cost
Animal Disposal
Laundry Cleaning
Printing
Travel & Conference
Uniform Cleaning
Uniform Replacement
Commodities
Animal Supplies
Deputy Supplies
Housekeeping and
Janitorial
Medical Supplies
Postage
Tax Collection
Supplies
Expense for DVM for emergency on site medical
care.
Charge for supervision of Animal Control Officer;
estimate calculated at 10% of animal control
supervisor's salary and fringe benefits.
Charge for overhead expenses from support
activities such as accounting, payroll, budget,
general administration, estimated at 4% of regular
salaries.
Cost of disposing animals.
Cost of laundering shelter attendant uniform.
Cost of printing adoption forms, control forms and
warning tags.
Cost of travel for Animal Control Officer for
Tr-County Animal Control Officer Association
meetings.
Cost of dry cleaning Animal Control Officer
uniform.
Cost to replace uniforms.
Cost of animal food, litter.
Cost of supplies used by Deputies such as snares,
leather gloves, shovels.
Cost of cleaning items such as bleach, gloves,
mops, brooms, etc.
Cost of medication for animals.
Cost for mailings
Cost of metal license tags.
26
EXHIBIT-
Internal Services
Maintenance Department Charge for miscellaneous shelter services.
Charges
Central Stores Cost of janitorial and housekeeping supplies
Housekeeping
Computer Services Charge for operation of licensing register
Operations
Radio Communications Charge for radios in vehicles.
Leased Vehicles Charge for two (2) animal control vehicles.
Equipment Rental Charge for typewriter and cash register.
Convenience Copier Charge for photocopies.
Stationery Stock Cost of General Office supplies
Print Shop Cost of general office forms.
27