HomeMy WebLinkAboutResolutions - 2001.09.06 - 26673MISCELLANEOUS RESOLUTION #01224 September 6, 2001
BY: Public Services Committee, David L. Moffitt, Chairperson
IN RE: PUBLIC SERVICES DEPARTMENT/ANIMAL CONTROL — Change in
Current Dog Licensing Period
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Animal Control Division issues dog licenses
under the direction of the Michigan Department of Agriculture, pursuant to Public Act
339 of 1919; and
WHEREAS Public Act 339 of 1919 was amended by Act No. 438 of Public Acts
of 2000, effective January 9, 2001; and
WHEREAS the amended law changed the application dates for licensing making
our current licensing period in conflict with this amendment; and
WHEREAS the amended law in Section 3 (b) permits the Board of
Commissioners to extend the time for the current licensing period until June 1 of each
year; and
WHEREAS in the past we have used the current licensing period until May 31 of
each year; and
WHEREAS this current licensing period provides citizens a greater opportunity to
purchase a current license; and
WHEREAS extending the licensing expiration date from May 31 to June 1 of
each year will continue to provide an ease of administration for township treasurers and
animal control.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby establishes the standard dog licensing period from December 1 to
June 1 for the year 2002 and for each subsequent year.
PUB IC SERVICES OMMITTEE
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Public Services Committee Vote:
Motion carried unanimously on a roll call vote with McPherson and Galloway absent.
Interoffice memo
Date: August 21, 2001
To: David Moffitt, Chairperson, Public Services Committee
From: C. Hugh Dohany, County Treasurer
Re: Dog Licensing Resolution
Please be advised that as required by Public Act 339 of 1919, as
amended, the County Treasurer is in full support of the resolution
to be presented at your August 28, 2001 meeting by Sandy Gay
of the Oakland County Animal Control Division.
Act No. 438
Public Acts of 2000
Approved by the Governor
January 9, 2001
Filed with the Secretary of State
January 9, 2001
EFFECTIVE DATE: January 9, 2001
STATE OF MICHIGAN
90TH LEGISLATURE
REGULAR SESSION OF 2000
Introduced by Reps. Ruth Johnson, Rocca, Julian, Pappageorge, Birkholz, Hart, Howell, Garcia and
Rick Johnson
ENROLLED HOUSE BILL No. 5639
AN ACT to amend 1919 PA 339, entitled "An act relating to dogs and the protection of live stock and poultry from
damage by dogs; providing for the licensing of dogs; regulating the keeping of dogs, and authorizing their destruction
in certain cases; providing for the determination and payment of damages done by dogs to live stock and poultry;
imposing powers and duties on certain state, county, city and township officers and employes, and to repeal Act No. 347
of the Public Acts of 1917, and providing penalties for the violation of this act," by amending sections 6, 8, 9, and 14
(MCL 287.266, 287.268, 287.269, and 287.274), as amended by 1998 PA 390.
The People of the State of Michigan enact:
Sec. 6. (1) The owner of a dog that is 4 or more months old shall apply to the treasurer of the county or, except as
provided in section 14, the treasurer of the township or city where the owner resides, or to the treasurer's authorized
agent, for a license for each dog owned or kept by him or her.
(2) Unless the county board of commissioners adopts a resolution under subsection (3), the owner shall apply for a
license annually on or before March 1.
(3) The county board of commissioners of a county may adopt a resolution during the 60-day period before the
beginning of the county's fiscal year providing when the owner of a dog that is required to be licensed under subsection
(1) must apply for a license. Before adopting the resolution, the county board of commissioners shall obtain the county
treasurer's written approval of the resolution. Subject to subsection (4), the resolution shall provide for 1 of the
following:
(a) That the owner apply for a license by March 1 every year or every third year, at the owner's option.
(b) That the owner apply for a license by June 1 every year.
(c) That the owner apply for a license by June 1 every year or every third year, at the owner's option.
(d) That the owner apply for a license by the last day of the month of the dog's current rabies vaccination, every
year.
(e) That the owner apply for a license by the last day of the month of the dog's current rabies vaccination, every
third year.
(f) That the owner apply for a license by 1 of the following, at the owner's option:
(i) The last day of the month of the dog's current rabies vaccination every year.
(ii) The last day of the month of the dog's current rabies vaccination, every third year.
(249)
(4) A resolution adopted under subsection (3) shall include necessary provisions for conversion to a new licensing
schedule. The resolution may extend the effective period of outstanding licenses but shall not shorten the effective
period of outstanding licenses or prorate license fees.
(5) The application shall state the breed, sex, age, color, and markings of the dog, and the name and address of the
last previous owner. The application for a license shall be accompanied by a valid certificate of a current vaccination for
rabies, with a vaccine licensed by the United States department of agriculture, signed by an accredited veterinarian.
The certificate for vaccination for rabies shall state the month and year of expiration for the rabies vaccination, in the
veterinarian's opinion. A license shall not be issued under subsection (3)(d), (e), or (f) if the dog's current rabies
vaccination will expire more than 1 month before the date on which that license would expire. When applying for a
license, the owner shall pay the license fee provided for in the county budget. The county board of commissioners may
set license fees in the county budget at a level sufficient to pay all the county's expenses of administering this act as it
pertains to dogs. For a spayed or neutered dog, the license fee, if any, shall be set lower than the license fee for a dog
that is not spayed or neutered. In addition, the license fee may be set higher for a delinquent application than for a
timely application.
(6) If a dog is licensed before it becomes 5 months old and is subsequently spayed or neutered before it becomes 7
months old, the owner of the dog may exchange the license for a license for a spayed or neutered dog and receive a
refund for the difference in the cost of the licenses. The owner shall exchange the license before the dog becomes 7
months old.
(7) Subsection (6) applies in a county only if the county board of commissioners adopts a resolution to that effect
during the 60-day period before the beginning of the county's fiscal year. Before adopting the resolution, the county
board of commissioners shall obtain the county treasurer's written approval of the resolution.
..(8) The owner of a dog that is required to be licensed under this section shall keep the dog currently vaccinated
against rabies by an accredited veterinarian with a vaccine licensed by the United States department of agriculture.
Sec. 8. A person who becomes owner of a dog that is 4 or more months old and that is not already licensed shall apply
for a license within 30 days. A person who owns a dog that will become 4 months old and that is not already licensed
shall apply for a license within 30 days after the dog becomes 4 months old. In a county in which section 6(2) or section
6(3)(a) applies, if a person applies for an annual license under this subsection after July 10 of a calendar year, the license
fee shall be 1/2 the fee provided for under section 6.
Sec. 9. Each dog license issued under this act shall display all of the following:
(a) An expiration date. Subject to section 6(4), the expiration date for a license issued under section 6(2) or 6(3)(b)
shall be 1 year after the date on or before which the license was required to be obtained under section 6, and for a
license issued under section 6(3)(a) or 6(3)(c) shall be 1 year or 3 years after that date. Subject to section 6(4), the
expiration date of a license issued under section 6(3)(d), (e), or (f) shall be the earlier of the following:
(i) One year or 3 years, as applicable, after the date on which the license was required to be obtained.
(ii) The expiration date of the dog's rabies vaccination.
(b) A serial number corresponding to the number on the metal tag furnished to the owner.
(c) The name of the county issuing the license.
(d) A full description of the dog licensed.
Sec. 14. (1) Every township or city treasurer shall, on or before December 1 each year, apply to the county treasurer
for necessary license blanks and tags for the ensuing year and shall issue dog licenses and tags in a manner prescribed
for issuing licenses by the county treasurer. Every township or city treasurer shall receive for the services of licensing
dogs a reasonable fee at a rate determined by the county board of commissioners for each dog license issued.
(2) Each township or city treasurer shall not later than March 1 each year, or June 1 each year for a county operating
under section 6(3)(b) or (c), return to the county treasurer all unused tags, and the book or books from which dog
licenses have been issued, containing receipts properly filled out, and showing the name of the person issued each
license and the number of each license issued and a full description of each dog licensed. The township or city treasurer
shall on or before March 1 each year, or June 1 each year for a county operating under section 6(3)(b) or (c), pay over
all money received for issuing licenses less the amount set by the board of commissioners to be retained by the township
or village for each license issued.
(3) A city may, by resolution of its legislative body, provide that its clerk shall perform the duties by this act imposed
on the treasurer. Upon the adoption of the resolution, the treasurer of a city is not required to issue licenses under this
act but the clerk of the city shall perform, in the manner and under the terms and conditions, and with the same
compensation, all of the duties imposed upon city treasurers by this act.
(4) A township treasurer, city treasurer, or city clerk may enter an agreement with the county treasurer for the
county treasurer to perform the duties of the township treasurer, city treasurer, or city clerk under this act.
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This act is ordered to take immediate effect.
Clerk of the House of Representatives.
Secretary of the Senate.
Approved_
Governor.
3
Resolution 401224 September 6, 2001
Moved by Douglas supported by Moss the resolutions on the Consent Agenda,
as amended, be adopted (with accompanying reports being accepted).
AYES: Appel, Brian, Buckley, Causey-Mitchell, Coleman, Crawford,
Dingeldey, Douglas, Galloway, Garfield, Gregory, Law, McPherson, Melton,
Millard, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Taub,
Webster, Amos. (25)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the
Consent Agenda, as amended, were adopted (with accompanying reports being
accepted).
I HEFIEBY4AnitinEXHE FOREGOING RESOLUTI(.,),
7//3/0)
L'Brooke Pikiri—reon, County Executive Date
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on September 6, 2001 with the original
record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 6t,137 day jaff September, 2001.
G. William Caddell, County Clerk