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.