Michigan Dog Law of 1919, as amended: July 2013

Friday, July 19, 2013

St. Clair County

St Clair County Michigan Kennel licensing. (from their sheriff's office)

In St. Clair County it is not mandated to have a kennel license, but you may purchase one in Lieu of licensing dogs individually. We have Commercial Kennel and/or Consent Kennel licensing.

Commercial Kennel licenses are for a kennel that boards, breeds or sells dogs/puppies, basically if there is profit.

A Consent kennel license is for a hobby kennel.

There are regulations for a Commercial Kennel per the ordinance, but the regulations do not apply for the Consent Kennel.

The fees are as follows:

Consent Kennel 5-8 Dogs $50.00

Commercial Kennel 5-20 Dogs $60.00

21-40 Dogs $70.00

41-60 Dogs $80.00

Re-inspection Fee $10.00

Fees doubles after May 31st.

Kennel licenses are renewed yearly each spring.

See the below link for further information or if you have any questions please contact our office at the below listed number.

http://www.stclaircounty.org/resolutions/11-52.pdf

Thank you,

St. Clair County Sheriff's Animal Control

3378 Griswold Rd.

Port Huron, Mi 48060

Phone: (810) 984-3155

Fax: (810) 984-3156

Wednesday, July 17, 2013

Kennel license info from 2009 - I will be updating these

Kennel license information from 2009 - I will be updating these

Kennel fees 2009

These do contravene the Dog Law of 1919. Which does provide that the Dept of Agriculture may set reasonable rules with regards to kennels, that would be Admin Rule 285 129 1

There were quite a few that did not have kennel information on their website, but these are some that did and they do not comply with the Dog Law of 1919, which grants no authority for a local municipality to promulgate rules regarding kennels.

Keep in mind the Michigan Dog Law of 1919 mandates

$10 for up to 10 dogs and $25 for over 10 dogs .

Bay County Michigan
Ingham County Michigan Kennel Licenses
Iron County Michigan
Kalamazoo County Michigan
Macomb County Michigan
Montcalm County Michigan
Newaygo County Michigan
Ottawa County Michigan
Saginaw County Michigan
Sanilac County Michigan
St. Joseph County Michigan
Van Buren County Michigan

There was kennel license info available on 31 county websites in December of 2008

The basics is in the spreadsheet posted.

Way too many counties have imposed kennel inspection fees.

This is how my county goes about "inspecting" KENNEL INSPECTIONS

2013 NON COMPLIANT KENNEL fees / ordinances, etc

2013 Michigan Counties with non compliant kennel fees/inspections fee/zoning approval

These are the ones I will be paying the most attention to. .

Some are just really, really crazy.

2013 MICHIGAN COUNTIES WITH NO KENNEL INFORMATION AVAILABLE

I don't have information for Wayne County. I think that is all under township, city or village. "Brownstown Charter Township is a charter township of Wayne County in the U.S. state of Michigan. The population was 30,627 at the 2010 census. It is part of the collection of communities known as Downriver." Wikipedia.

They charge $500 for a kennel license.

I think I have already emailed them (as if they would give a hoot...lol.

I have not delved into the township, city or village level to any great extent. I have just noticed a few and they seem to be as insane as the counties and there are more of them.

There are close to 2000 municipalities in the state of Michigan, they each could have their own animal control ordinances that do not comply with the dog law of 1919, as amended.

It is, most definitely, time for the State of Michigan to regain control of this situation.

2013 CORRECT LICENSE FEE - but still some problem

2013 MICHIGAN COUNTIES WITH CORRECT LICENSE FEE - but still some problem.
Most of these are still not in complete compliance with the dog law of 1919, as amended.

There may be only one or two counties that are actually 100% compliant.

I haven't been able to verify that, so maybe not.

Mason County

I also had high hopes that Mason County would be right up there with the top compliant counties.

Well, almost.

You have to read this from the bottom up. My back and forth correspondence with this county's animal control officer..

Subject: Re: Mason County Kennel License

lol............I know.........just doin' what yer told

*************

From: "Marion, Joe"

I don’t operate outside the law, I operate within the guidance from which I get my direction…

*************

To: Marion, Joe

Be careful, operating outside the law leaves you no immunity from prosecution.

Someday somebody just might get mad enough to sue the county and you personally.

Not real likely, but thought you should know, since you seem to want to do things by the law.

Good luck..........

*************

From: "Marion, Joe"

As I am not going to argue any points, I enforce the Stated Laws and leave those interpretations to Mason county Prosecutor and Magistrate and Courts. As far as licensing and policies, that is interpreted by the lawyer hired by Mason county and I take my direction from the Mason County Commisioners! It is their interpretation and policies that I enforce.

*************

To: Marion, Joe

No......the county does not. You might want to get a copy of AG 1897 and read it yourself.

*************

From: "Marion, Joe"

Your right we can not change are do anything with the kennel regulations, that’s why people with kennel license get away with such a low cost license… charging a fee for the inspection is outside the scope of that law… the county does have the ability to do that…

*************

To: Marion, Joe

Actually...the county has no option to adopt rules, regulations, etc (including fees) regarding kennels.

or so says Attorney General's Opinion No. 1897, which actually says a bit more than that

interesting reading

**********

From: "Marion, Joe"

You are correct on the inspection fee, that is a county option…

*************

To: Marion, Joe

thank you........I'm happy to learn of one more county that is at least charging the license fee as mandated by state law.

but..........FYI..........there is no provision for an inspection fee

*************

From: "Marion, Joe"

For 10 dogs or less $10, for 11 or more dogs its $25.

*************

To: Marion, Joe

Thank you............how much is the kennel license?

*************
From: "Marion, Joe"

Have your kennel configured to the specifications by state on the Dept of Agricultures web site. When you have that done call us for an inspection that costs $25 and when you pass you take the form we give you to the Treasures office and buy your kennel tags…

************
To: Marion, Joe
Subject: Mason County Kennel License

I would like to know the procedures and costs of obtaining a kennel license in your county.

Missaukie County

I sent this to Missaukie County officials on July 14, 2013

I received a letter from your sheriff's office stating that you do not have any kennels licensed in your county.

FYI The Michigan dog law of 1919, as amended, mandates that kennel license fees are

$10 for up to 10 dogs and $25 for more than 10 dogs

a rabies vaccination is not required for a kennel dog

there is only one inspection required before a license is issued for a new kennel

there is no provision for an inspection fee

there is also no provision for a county to promulgate rules or regulations

pertaining to kennels - see AG1897

It might be nice to get that right before it becomes a problem.

They charge $50 for a kennel license and require a rabies vaccination for kennel dogs.

Calhoun County

This is what I sent Calhoun County officials on July 14, 2013 via their online email form.

"Kennel licenses in Calhoun County

Are not in compliance with the State of Michigan dog law of 1919 as amended

Need a bit more space to explain it."

I received a response from one and then I sent him this.

Was the message........your email form doesn't allow for many words or characters.

Attached file will explain it better.

the file

Calhoun County Controller/Administrator Board of Commissioners RE: Kennel licenses in Calhoun County There is a movement afoot of dog owners and kennel owners that are a bit weary of overbearing local governments who are overstepping their authority with regard to dogs. Some are even preparing to bring suit against some counties with egregious ordinances that do not comply with state law (the dog law of 1919, as amended). I have been researching kennel licensing in the State of Michigan for some time. I believe your county is currently charging $10 for a kennel license for up to ten dogs and another $25 for more than 10 dogs. That is what the dog law of 1919, as amended mandates and I was very pleased to see another county within that law. However I did run across a few things that could prove to be problematic for you. 1. Your ordinances include Article 6 Kennel Licensing. There is no provision in the dog law of 1919, as amended for a county to promulgate regulations pertaining to kennels. There is also no provision for charging a fee for a kennel inspection. A county does not have the authority to adopt any rule, regulation or policy with regard to kennels. Your kennel licensing ordinance is not valid. MCL 287.289A 2. Your Article 6 Section 6.9 states: Any kennel dog four (4) months old or older must possess a valid rabies vaccination before a current kennel license shall be issued. The dog law of 1919, as amended does not require kennel dogs to be vaccinated for rabies. MCL 287.290 3. It appears your kennel inspection might be an annual thing. The dog law of 1919, as amended, does not require an annual inspection. You have no authority to conduct an annual inspection. The dog law of 1919, as amended, requires one inspection prior to issuing a kennel license to a new kennel. The annual inspection may seem like a good idea, but there is no provision in law for it, and your Section 6.4 states an animal control officer shall have the right to inspect any kennel in the county of Calhoun. I will repeat…….. A county does not have the authority to adopt any rule, regulation or policy with regard to kennels. Your kennel licensing ordinance is not valid. 4. Your application for a kennel license states: I do hereby make application for a kennel license in accordance with MCLA 287.270, Section 10, but your ordinance does not comply with MCLA 287.270 Section 10. Your ordinance is not valid. As it is, you appear to claim to conform with those sections of the dog law, but you do not. That could put your county at risk of a lawsuit. Actually, puts your commissioners, personally, at risk, too. They, personally, are only immune from prosecution if they are acting within the law. Your best bet would be to repeal your ordinance, immediately, then study the dog law of 1919, as amended and see if you can stay within the limits set by it. Your risk management people may be able to explain things better than I. I certainly hope to hear these things are corrected and I hope not to hear of lawsuits being brought against your commissioners or your county.

There was some more back and forth correspondence with this one commissioner. I don't expect much to come of it, but they are informed and the people that live there can use this info to stick up for themselves. Calhoun county was one that I had high hopes of operating within the law. They are closer to it than most counties.

Tuscola County's Millington Township

This is what I sent Tuscola County's Millington Township officials July 17, 2013

Millington Township Board

Supervisor Terry Jones

Clerk Sheila Hebner

Treasurer Sharon Keinath

PO Box 247

Millington MI 487469538

Trustee Perry Green

5682 Millington Rd.

Millington MI 487469538

Trustee Robert Worth

PO Box 247

Millington MI 487460247

RE: FYI and a heads up to you and your township with regard to dog kennel regulation

Your township does not have a full-time animal control officer. That is a requirement to your township adopting a kennel ordinance. Since your township does not meet that requirement, your ordinance is not valid. Your immunity from prosecution is only valid provided you are acting within the law. This ordinance is not within the laws of the state of Michigan, that leaves your township and you, personally vulnerable to lawsuits.

Even if you did have a full-time animal control officer your ordinance would not be valid as the law states “on the same terms, conditions and fees as is provided in section 10”, and your terms , conditions and fees are not the same.

I will quote directly from the Michigan Legislature’s website, Michigan Compiled Laws MCL 287.270b. These are available on the Michigan Legislature website. http://www.legislature.mi.gov/(S(xu3uco2um1m2vs45athauq55))/mileg.aspx?page=home

DOG LAW OF 1919 (EXCERPT)
Act 339 of 1919

287.270b Kennel licensing ordinance.

Sec. 10b.

Any city, township or village having in its employment a full-time animal control officer may adopt an ordinance providing for the issuance of kennel licenses by the animal control officer on the same terms, conditions and fees as is provided in section 10. Upon the adoption of the ordinance the city, township or village shall be excepted from the provisions of sections 10 and 11 of this act.

You certainly can easily correct this situation by repealing this section (5.02 B) of your zoning ordinance.

Section 5.02. SPECIAL LAND USES.

B. Dog kennels and the raising of fur bearing animals.

1. All animals shall be housed and maintained in a safe and sanitary manner which complies with American Kennel Club standards.

2. All pens and runways in dog kennels shall be screened from view from any residences or roads by buildings or greenbelt plantings. Kennels shall have restrictive fencing at least six (6) feet in height.

3. Dog kennels shall be set back a minimum of fifty (50) feet from each property line and one hundred fifty (150) feet from the road.

4. For purposes of this section, a dog kennel is defined as any property on which five (5) or more dogs over the age of six (6) months are kept or harbored.

Or by removing all reference to “Dog kennels” in this section your Zoning Ordinance

B. ~~Dog kennels and t~~ The raising of fur bearing animals.

1. All animals shall be housed and maintained in a safe and sanitary manner. ~~which complies with American Kennel Club standards.~~

2. All pens and runways ~~in dog kennels~~ shall be screened from view from any residences or roads by buildings or greenbelt plantings. ~~Kennels shall have restrictive fencing at least six (6) feet in height.~~

~~3. Dog kennels shall be set back a minimum of fifty (50) feet from each property line and one hundred fifty (150) feet from the road.~~

~~4. For purposes of this section, a dog kennel is defined as any property on which five (5) or more dogs over the age of six (6) months are kept or harbored.~~

I strongly suggest you correct this as quickly as possible to avoid any future litigation against the township or against you, personally. Your county seems relatively content to abide by the law, you should, too. There is something afoot about dog owners and kennel owners being pushed a bit too far with these overly restrictive local ordinances that do not comply with state law. They are tired of being pushed around. Sooner or later some are going to start litigation. You may be able to get away with this for a bit longer. You should have your risk management people take a look at it. Maybe it is worth the risk of being sued. Most likely not. Your choice. I usually publish my findings so it isn’t as if this will be forever buried. I hope I hear of some changes made and I hope I do not hear of any lawsuits over there.

You did take an oath of office and I think there is something in that about upholding the constitution of the state of Michigan and the laws of the state of Michigan and the Constitution of the United States.

Tuscola County

This is what I emailed the Tuscola County officials on July 13, 2013

Controller/Administrator Michael Hoagland District #1 - Roger Allen
District #2 - Thomas Bardwell (Chairman of the Board)
District #3 - Christine Trisch
District #4 - Craig Kirkpatrick
District #5 - Matthew Bierlein

Tuscola County

Controller/Administrator Michael R. Hoagland

And Board of Commissioners

RE: Kennel licenses in Tuscola County

There is a movement afoot of dog owners and kennel owners that are a bit weary of overbearing local governments who are overstepping their authority with regard to dogs. Some are even preparing to bring suit against some counties with egregious ordinances that do not comply with state law (the dog law of 1919, as amended). I have been researching kennel licensing in the State of Michigan for some time. I believe your county is currently charging $45 for a kennel license for up to ten dogs and another $45 for each additional 10 dogs. That could put your elected commissioners and your county at risk.

The Michigan dog law of 1919 (Section 10) mandates that kennel licenses be $10 for up to ten dogs and $25 for over ten dogs. You are overcharging your kennel owners to the extreme. It would be wise to bring these charges in line with state law. Your budget process will be starting soon and that would be the ideal time to correct this. Fees collected for kennels hardly amounts to a hill of beans anyway. Between $2,000 and $3,000 annually. Certainly not worth taking any risk for anything.

I requested a copy of the treasurer's list of kennel licenses. I received much more than I bargained for. They sent me a copy of every kennel inspection certificate, charged a bit much for it, too. (I dealt with them on that.) What I did notice is that this inspection claims to be in conformity with Section 10, 10b& 11 of Act No. 339 of P.A. of 1919 (the dog law of 1919). I don’t mean to be a pain, but I’ve already mentioned the overcharge and this appears to be an annual inspection that is not in compliance.

The dog law of 1919 does not require an annual inspection. You have no authority to conduct an annual inspection.

The dog law of 1919, as amended, requires one inspection prior to issuing a kennel license to a new kennel. The annual inspection may seem like a good idea, but there is no provision in law for it, and there is no provision in the law for a county to promulgate regulations pertaining to kennels. There is also no provision for charging a fee for a kennel inspection. A county does not have the authority to adopt any rule, regulation or policy with regard to kennels. AG 1897

As it is, your claim to conform with those sections of the dog law is false. You do not conform to the dog law and that puts your county at risk of a lawsuit. Actually, puts you, personally, at risk, too. You, personally, are only immune from prosecution if you are acting within the law. Your risk management people may be able to explain things better than I.

I certainly hope to hear these things are corrected and I hope not to hear of lawsuits being brought against you or your county.

cc: kennel owners

I also sent to kennel owners in Tuscola County. I seriously doubt it will make much difference. But there is something to be said for them not being able to claim ignorance. They have been informed.