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.