HOUSE BILL No. 4791 May 15, 1997, Introduced by Reps. Hanley, Brater, Murphy, Baird, Gubow, Olshove, Dobronski, London, Law, Rocca, Bodem, Kaza, Goschka, Wojno, Willard, Gire, Freeman, Brewer, LaForge, Palamara, Lowe, Bogardus, Price, Varga, Prusi, Bobier, Tesanovich, Cherry, Hale, Stallworth, Godchaux, Leland, Owen, Mans, Galloway and Jellema and referred to the Committee on Health Policy. A bill to provide regulations and prohibitions concerning certain dangerous exotic animals; to impose fees; to prescribe the powers and duties of certain federal, state, and local gov- ernmental entities and officials; to provide standards for the care of certain dangerous exotic animals; and to prescribe penal- ties and provide remedies. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. This act shall be known and may be cited as the 2 "dangerous exotic animal act". 3 Sec. 2. As used in this act: 4 (a) "Dangerous exotic animal" means any of the following: 5 (i) A cat of the Felidae family of a species that is 6 non-native to this state, whether wild or captive bred, including 7 a hybrid cross with such a cat. This subparagraph does not 8 include a domesticated Felis catus. 03350'97 TMV 2 1 (ii) A bear of a species that is non-native to this state, 2 whether wild or captive bred. 3 (iii) A nonhuman primate. This subparagraph does not apply 4 to a nonhuman primate possessed by a scientific research 5 facility. 6 (b) "Department" means the department of agriculture of this 7 state. 8 (c) "Director" means the director of the department. 9 (d) "Facility" means a cage, pen, or enclosure where a dan- 10 gerous exotic animal is kept. 11 (e) "Law enforcement authority" means a law enforcement 12 officer of a local unit, including an animal control officer; an 13 officer of the department of agriculture or a representative of 14 the department of agriculture under section 14(3); a conservation 15 officer of the department of natural resources; or a law enforce- 16 ment officer of the federal government. 17 (f) "Local unit" means a city, village, township, or 18 county. 19 (g) "Permit" means a permit issued under section 4. 20 (h) "Person" means an individual, partnership, corporation, 21 association, governmental entity, or other legal entity. 22 (i) "Veterinarian" means a person licensed to practice vet- 23 erinary medicine under article 15 of the public health code, 1978 24 PA 368, MCL 333.16101 to 333.18838. 25 Sec. 3. A person shall not do any of the following: 26 (a) Possess a dangerous exotic animal except in compliance 27 with this act. 03350'97 3 1 (b) Make or receive, or attempt to make or receive, a 2 conveyance of ownership of a dangerous exotic animal unless the 3 person is exporting the dangerous exotic animal to another state 4 or country in compliance with section 12 or the conveyance is in 5 compliance with section 18 or 19. 6 (c) Breed a dangerous exotic animal. 7 Sec. 4. (1) Subject to section 21, a person shall not pos- 8 sess a dangerous exotic animal unless the person was in posses- 9 sion of that individual dangerous exotic animal on the effective 10 date of this act and obtains a permit. The permit applies only 11 to that individual dangerous exotic animal and is 12 nontransferable. A person shall file an application for a permit 13 within 90 days after the effective date of this act with the 14 local unit where the dangerous exotic animal is kept. 15 (2) An applicant for a permit shall include with the appli- 16 cation all of the following: 17 (a) A nonrefundable permit application fee of $100.00. 18 (b) An annual permit fee. The annual permit fee shall be 19 established by the local unit and shall be not less than $200.00 20 or an amount necessary to cover the local unit's actual, reason- 21 able costs of enforcing this act, whichever is greater. 22 (c) A photograph of the dangerous exotic animal's facility, 23 the dimensions of the facility, and a scale diagram of the prop- 24 erty where the dangerous exotic animal will be kept, including 25 the location of any residence on that property. 26 (d) A notarized statement that the existing facility or the 27 construction of a facility as required by this act is not 03350'97 4 1 prohibited by an ordinance of a local unit in which the dangerous 2 exotic animal will be kept. 3 (e) A description of the number and type or types of danger- 4 ous exotic animals possessed by the applicant, a description of 5 the property where the dangerous exotic animal is to be kept, a 6 detailed description of each dangerous exotic animal possessed by 7 the applicant, and, if requested by the local unit, a description 8 of when, where, and how the applicant came to possess each dan- 9 gerous exotic animal. 10 (3) A local unit shall not issue a permit unless it finds 11 that all of the following apply: 12 (a) The requirements of subsections (1) and (2) are met. 13 (b) The applicant is 21 years of age or older. 14 (c) The applicant has not been convicted of violating a 15 state or federal criminal law or a local ordinance substantially 16 corresponding to a state or federal criminal law. 17 (d) A court order has not been issued against the applicant 18 under section 18(2). 19 (e) The facility and conditions in which the dangerous 20 exotic animal will be kept comply with this act. 21 (4) A permit shall set forth all of the following: 22 (a) The name and address of the permit holder, the address 23 where the dangerous exotic animal will be kept, if different, and 24 the number of dangerous exotic animals possessed by the permit 25 holder. 03350'97 5 1 (b) A statement of the terms and conditions under which the 2 export of the dangerous exotic animal is permitted under this act 3 subject to other requirements of state and federal law. 4 (c) The place and conditions of quarantine, if required. 5 (d) A statement of any tests, veterinary examinations, 6 observation periods, and quarantine periods required by the 7 department. 8 (e) The name and address of the veterinarian who will pro- 9 vide veterinary care to the animal. 10 (f) Proof that the owner of the dangerous exotic animal has 11 liability insurance coverage for the animal. 12 (g) Any other reasonable information as determined by the 13 local unit, which may include, but need not be limited to, a des- 14 ignation of permits required by a local unit, the department, the 15 department of community health, the department of natural 16 resources, the United States department of agriculture, or the 17 fish and wildlife service of the United States department of the 18 interior. 19 (5) A local unit that issues a permit shall notify the 20 department of the name and address of the permit holder and the 21 type of dangerous exotic animal possessed by the permit holder. 22 (6) A person in possession of a dangerous exotic animal 23 shall annually pay the local unit the annual permit fee estab- 24 lished under subsection (2)(b). 25 Sec. 5. A person in possession of a dangerous exotic animal 26 shall ensure all of the following: 03350'97 6 1 (a) That the dangerous exotic animal is under adult 2 supervision and control so as to prevent injury to any animal or 3 human. 4 (b) That, except when the dangerous exotic animal's facility 5 is being cleaned as required under this section or the dangerous 6 exotic animal is being transported as provided by section 11, the 7 dangerous exotic animal is never tethered outdoors, or trans- 8 ported outside of a travel cage, such as on a leash or chain but 9 is constantly kept in a facility that meets all of the following 10 requirements: 11 (i) Is sufficiently secure to prevent the dangerous exotic 12 animal's escape and protect the animal from injury. 13 (ii) Subject to section 9, is constructed of cement blocks, 14 bricks, concrete, chain link fence, wires, or bars of a suitable 15 thickness, gauge, or diameter to prevent that particular danger- 16 ous exotic animal's escape and to protect the dangerous exotic 17 animal from injury. 18 (iii) Is well braced and securely anchored at ground level 19 and utilizes metal clamps, ties, or braces of a strength pre- 20 scribed for cage construction for the dangerous exotic animal. 21 (iv) Has a double-gated safety entrance with a lock. 22 (v) Has safety barriers adequate to prevent a human from 23 coming into contact with the dangerous exotic animal. 24 (c) That the dangerous exotic animal is not mistreated or 25 neglected. 26 (d) That the conditions in which the dangerous exotic animal 27 is kept, including, but not limited to, the following, are safe 03350'97 7 1 and conducive to the dangerous exotic animal's physical and 2 psychological health and comfort: 3 (i) Temperature. 4 (ii) Ventilation. 5 (iii) Humidity. 6 (iv) Drainage. 7 (v) Sanitation. 8 (vi) Diet. 9 (vii) Exercise. 10 (e) That potable drinking water is provided daily in a 11 clean, accessible container, unless otherwise directed by a 12 veterinarian. 13 (f) That swimming or wading pools are cleaned as needed to 14 ensure sufficiently sanitary water quality. 15 (g) That there is adequate drainage of surface water from 16 the facility. 17 (h) That food is unspoiled and not contaminated with 18 insects, fecal material, or any other substance that may cause 19 the food to be unpalatable, that may decrease the nutrient value 20 of the food, or that may pose a health risk to the animal. 21 (i) That fecal and food wastes are removed from the facility 22 daily and stored or disposed of in a manner that prevents noxious 23 odors, insect pests, or risks to human health or the environment, 24 that hard floors are scrubbed and disinfected weekly, and that 25 large pens with dirt floors are raked every day and that the 26 raked waste is removed every day. 03350'97 8 1 (j) That a shift cage is used to temporarily contain the 2 dangerous exotic animal while its primary facility is being 3 cleaned. 4 (k) That at the expense of the owner, care for a dangerous 5 exotic animal is provided by a veterinarian as needed, that such 6 care is documented, and that a veterinarian's necropsy report is 7 provided to the department promptly after the dangerous exotic 8 animal that dies. 9 Sec. 6. A person in possession of a dangerous exotic animal 10 that is a cat shall ensure that the cat's facility, in addition 11 to the other requirements of this act, meets all of the following 12 requirements: 13 (i) Has a floor area of at least 800 square feet, plus an 14 additional 400 square feet for each cat in excess of 1 kept in 15 the facility. 16 (ii) Is at least 8 feet high. 17 (iii) For each cat, has a 2- by 8-foot shelf elevated 3 18 feet, 2 claw logs, and a den. 19 Sec. 7. A person in possession of a dangerous exotic animal 20 that is a bear shall ensure that the bear's facility, in addition 21 to the other requirements of this act, meets all of the following 22 requirements: 23 (i) Has a floor area of at least 1,000 square feet for each 24 bear. 25 (ii) Has at least 400 square feet of dry, shaded resting 26 area. 03350'97 9 1 (iii) Is at least 12 feet high. 2 (iv) For bears other than polar bears, is equipped with a 3 pool the dimensions of which are at least 2 feet wide, 2 feet 4 long, and 18 inches deep with water spraying devices or a pool 5 the dimensions of which are at least 4 feet wide, 6 feet long, 6 and 3 feet deep. 7 (v) For polar bears, is equipped with a pool with at least 8 96 square feet of surface area and at least 8 feet deep. 9 Sec. 8. A person in possession of a dangerous exotic animal 10 that is a nonhuman primate shall ensure that the nonhuman 11 primate's facility, in addition to the other requirements of this 12 act, meets all of the following requirements as applicable: 13 (i) For marmosets: 14 (A) Has a floor area of at least 6 square feet, plus 3 15 square feet for each marmoset in excess of 2 adults. 16 (B) Is at least 4 feet high. 17 (C) Has at least 2 perching branches and 1 nest box, plus 2 18 perching branches and 1 nest box for each adult in excess of 2 19 adults. 20 (ii) For squirrel, titis, owl, and other new world monkeys 21 of a similar size as determined by the department: 22 (A) Has a floor area of at least 20 square feet, plus 4 23 square feet for each such dangerous exotic animal in excess of 3 24 adults. 25 (B) Is at least 5 feet high. 03350'97 10 1 (C) Has at least 2 perching branches and 1 nest box, plus 2 2 perching branches and 1 nest box for each adult in excess of 3 3 adults. 4 (iii) For medium sized South American monkeys, including 5 capuchins, sakis, and other monkeys of a similar size as deter- 6 mined by the department: 7 (A) Has a floor area of at least 25 square feet, plus 6.25 8 square feet for each such dangerous exotic animal in excess of 2 9 adults. 10 (B) Is at least 6 feet high. 11 (C) Has at least 3 parallel swinging bars, plus 3 parallel 12 swinging bars for each adult in excess of 2 adults. 13 (iv) For large South American monkeys, including spider, 14 woolly, howler, and other monkeys of a similar size as determined 15 by the department: 16 (A) Has a floor area of at least 50 square feet, plus 12.5 17 square feet for each such dangerous exotic animal in excess of 2 18 adults. 19 (B) Is at least 8 feet high. 20 (C) Has at least 3 parallel swinging bars and 2 perching 21 areas, plus 3 parallel swinging bars and 2 perching areas for 22 each adult in excess of 2 adults. 23 (v) For macaques, guenons, mangabeys, and langurs: 24 (A) Has a floor area of at least 40 square feet, plus 10 25 square feet for each such dangerous exotic animal in excess of 2 26 adults. 03350'97 11 1 (B) Is at least 6 feet high. 2 (C) Has at least 3 perching areas, plus 3 perching areas for 3 each adult in excess of 2 adults. 4 (vi) For baboons and mandrills: 5 (A) Has a floor area of at least 60 square feet, plus 18 6 square feet for each such dangerous exotic animal in excess of 2 7 adults. 8 (B) Is at least 6 feet high. 9 (C) Has 2 1-foot wide resting shelves or perches, plus 2 10 1-foot wide resting shelves or perches for each adult in excess 11 of 2 adults. 12 (vii) For gibbons: 13 (A) Has a floor area of at least 72 square feet, plus 21.5 14 square feet for each gibbon in excess of 2 adults. 15 (B) Is at least 8 feet high. 16 (C) Has at least 3 parallel swinging bars, 1 1-foot wide 17 resting shelf, plus 3 parallel swinging bars and 1 1-foot wide 18 resting shelf for each adult in excess of 2 adults. Swinging 19 bars shall be at 4-foot intervals in the top 1/3 of the 20 facility. 21 (viii) For chimpanzees and orangutans: 22 (A) Has a floor area of at least 20-foot by 20-foot for each 23 such dangerous exotic animal under 50 pounds, plus 25-foot by 24 25-foot for each such dangerous exotic animal over 50 pounds. 25 (B) Is at least 6 feet high. 26 (C) Has at least 1 seating area, at least 1 perch, and at 27 least 1 swinging bar, plus 1 seating area, 1 perch, and 1 03350'97 12 1 swinging bar for each such dangerous exotic animal in excess of 1 2 animal. 3 (ix) For gorillas: 4 (A) Has a floor area of at least 40-foot by 40-foot, plus 5 800 square feet for each gorilla in excess of 1 gorilla. 6 (B) Is at least 8 feet high. 7 (C) Has at least 1 seating area, at least 1 perch, and at 8 least 1 swinging bar, plus 1 seating area, 1 perch, and 1 swing- 9 ing bar for each gorilla in excess of 1 gorilla. 10 Sec. 9. A person in possession of a dangerous exotic animal 11 shall ensure that the dangerous exotic animal's facility, in 12 addition to the other requirements of this act, meets the follow- 13 ing requirements as applicable: 14 (a) For chimpanzees, gorillas, orangutans, and similar 15 primates: 16 (i) For an outdoor facility, construction materials consist 17 of steel bars, 2-inch galvanized pipe, masonry block, or their 18 strength equivalent. 19 (ii) For an indoor facility, potential escape routes are 20 equipped with steel bars, 2-inch galvanized pipe, or their equiv- 21 alent as determined by the department. 22 (b) For drills and mandrills, baboons, gelada baboons, gib- 23 bons, siamangs, snow leopards, jaguars, tigers, lions, and 24 bears: 25 (i) For an outdoor facility, construction materials consist 26 of 9-gauge or a larger gauge chain link, or its equivalent. 03350'97 13 1 (ii) For an indoor facility, potential escape routes are 2 equipped with wire or grating of 9-gauge chain link or a larger 3 gauge or its equivalent. 4 (c) For howler monkeys, uakaris, mangabeys, guenons, bearded 5 sakis, guereza monkeys, Celebes black apes, idris, macaques, lan- 6 gurs, douc langurs, snub-nosed langurs, proboscis monkeys, leop- 7 ards, clouded leopards, cheetahs, ocelots, servals, lynx, carac- 8 als, African golden cats, Temminck's golden cats, and fishing 9 cats: 10 (i) For outdoor facilities, construction materials consist 11 of 11-1/2-gauge chain link or a larger gauge or its equivalent. 12 (ii) For indoor facilities, potential escape routes are 13 equipped with wire or grating of 11-1/2-gauge chain link or a 14 larger gauge, or its equivalent. 15 Sec. 10. (1) A person in possession of a dangerous exotic 16 animal shall have an identification number placed on the danger- 17 ous exotic animal, at the owner's expense, by or under the super- 18 vision of a veterinarian, or of another person approved by the 19 department. The department shall assign an identification number 20 to the dangerous exotic animal, and the identification number 21 shall be listed in the department's records under 1939 PA 309, 22 MCL 287.301 to 287.308. An identification number shall be placed 23 on a dangerous exotic animal by marking the number with indelible 24 ink on the dangerous exotic animal's inner left thigh or by sub- 25 cutaneously injecting the dangerous exotic animal with a micro- 26 chip on which the number is stored. 03350'97 14 1 (2) A person in possession of a dangerous exotic animal 2 shall, at his or her own expense, have the dangerous exotic 3 animal sexually sterilized by a licensed veterinarian at an age 4 deemed medically appropriate. 5 Sec. 11. A person transporting a dangerous exotic animal in 6 a vehicle shall comply with the standards of the international 7 animal transport association and with all of the following 8 requirements: 9 (a) The dangerous exotic animal shall be individually caged, 10 even while inside a passenger vehicle or in the open bed of a 11 truck. However, a female dangerous exotic animal and each of her 12 unweaned offspring, if any, shall be transported in the same 13 cage. 14 (b) The vehicle shall provide fresh air without injurious 15 drafts and provide adequate protection from the elements to the 16 dangerous exotic animal. 17 (c) The dangerous exotic animal cargo area shall be free of 18 engine exhaust fumes. 19 (d) Fecal and food wastes shall be removed from the danger- 20 ous exotic animal's quarters on at least a daily basis. 21 (e) The temperature within the dangerous exotic animal's 22 enclosure shall not be harmful to the dangerous exotic animal's 23 health. 24 (f) The dangerous exotic animal's cage shall be large enough 25 to ensure that the dangerous exotic animal has sufficient space 26 to stand erect, turn around, and lie naturally. 03350'97 15 1 (g) The dangerous exotic animal shall not be placed in 2 enclosures over or next to other animals unless each enclosure 3 has a fitted floor or lateral partition that prevents excreta 4 from entering lower or adjacent enclosures. 5 (h) A dangerous exotic animal shall be given potable water 6 at least twice daily and fed in a manner appropriate for that 7 species of animal, unless otherwise directed by a licensed 8 veterinarian. 9 Sec. 12. A person shall not export or attempt to export a 10 dangerous exotic animal to another state or country unless all of 11 the following requirements are met: 12 (a) The export is approved by the department. 13 (b) The import and possession of the dangerous exotic animal 14 is lawful in the other state or country. 15 (c) The destination and proposed new owner of the dangerous 16 exotic animal have been approved by the regulatory agency in the 17 other state or country having authority to do so, if any. 18 Sec. 13. The department shall do all of the following: 19 (a) Provide each veterinarian, animal control shelter, and 20 animal protection shelter in this state with information on the 21 requirements of this act. 22 (b) Together with the department of natural resources, 23 inform the public of the requirements of this act. 24 Sec. 14. (1) A person who violates this act or an order 25 under section 18 is guilty of a misdemeanor punishable by 1 or 26 more of the following: 03350'97 16 1 (a) Imprisonment for not more than 90 days. 2 (b) Community service work for not more than 1,000 hours. 3 (c) A fine of not less than $2,000.00. 4 (d) Revocation of a permit. 5 (e) Loss of privileges to own or possess any animal for any 6 period of time determined by the court. 7 (f) Payment of the cost of prosecution. 8 (g) Payment of the cost to law enforcement authorities to 9 care for, relocate, or euthanize any confiscated dangerous exotic 10 animal. 11 (2) This act may be enforced by any law enforcement 12 authority. A state or local law enforcement authority authorized 13 to enforce this act is authorized to issue an appearance ticket 14 as described and authorized by sections 9a to 9g of chapter IV of 15 the code of criminal procedure, 1927 PA 175, MCL 764.9a to 16 764.9g, for misdemeanor violations. 17 (3) The department may designate a person in this state to 18 serve as the department's representative under this act for a fee 19 established by the department. 20 (4) A person in possession of a dangerous exotic animal 21 shall present a permit upon the request of a law enforcement 22 authority. 23 Sec. 15. (1) Locations where dangerous exotic animals are 24 kept in captivity are subject to inspection at reasonable hours 25 by a law enforcement authority. 26 (2) If a law enforcement authority finds that this act is 27 being violated, the law enforcement authority shall notify the 03350'97 17 1 person in possession of the dangerous exotic animal in writing of 2 the violation. By not more than 30 days after the notice is 3 delivered, the person in possession of the dangerous exotic 4 animal shall correct the violation or convey the dangerous exotic 5 animal to a person approved by the department who is permitted 6 under this act or otherwise authorized by law to possess the dan- 7 gerous exotic animal, and shall notify the law enforcement 8 authority of the action taken. Notice that the dangerous exotic 9 animal was conveyed under this subsection shall include evidence 10 of the conveyance satisfactory to the law enforcement authority. 11 (3) Unless the person in possession of the dangerous exotic 12 animal notifies the law enforcement authority that the dangerous 13 exotic animal was conveyed to another person under subsection 14 (2), the law enforcement authority shall conduct an unannounced 15 second inspection at a reasonable time between not less than 30 16 or more than 60 days after notice of the violation was delivered 17 under subsection (2). When the second inspection is conducted, 18 the person in possession of the dangerous exotic animal shall pay 19 a reinspection fee of $100.00 or actual, reasonable costs, which- 20 ever is greater, to the law enforcement authority. If, upon the 21 second inspection, the law enforcement authority finds that the 22 person in possession of the dangerous exotic animal has not cor- 23 rected the violation, the department shall revoke the person's 24 permit after an evidentiary hearing under the administrative pro- 25 cedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and the 26 dangerous exotic animal shall be confiscated by the law 27 enforcement authority. The law enforcement authority shall 03350'97 18 1 lawfully place the dangerous exotic animal in a nature preserve, 2 wildlife sanctuary, animal protection shelter, or a zoo accredi- 3 ted by the association of zoos and aquaria, where the dangerous 4 exotic animal will be safely and humanely cared for in compliance 5 with this act, or humanely euthanized. If such a placement is 6 not available, the law enforcement authority shall attempt to 7 place the dangerous exotic animal under section 18(2)(c), or have 8 the animal humanely euthanized at the owner's expense. 9 (4) Dangerous exotic animals housed in conditions constitut- 10 ing a clear and present danger to human safety shall, under the 11 direction of the department, be immediately placed in approved 12 facilities at the expense of the owner. 13 Sec. 16. (1) A person who witnesses a dangerous exotic 14 animal attack any animal or a human, or who reasonably believes 15 such an attack is about to occur, may capture, repel, disable, or 16 kill the dangerous exotic animal that is attacking or about to 17 attack. A person is immune from civil or criminal liability for 18 actions authorized by this section. 19 (2) A law enforcement authority, the director, or the 20 department's representative may confiscate, or capture by means 21 of tranquilization or other humane methods, a dangerous exotic 22 animal to ensure the compliance with and enforcement of this 23 act. 24 Sec. 17. (1) The owner or person in possession of a danger- 25 ous exotic animal is civilly liable for the death of or injury to 26 any animal, or a human, or for property damage caused by the 03350'97 19 1 dangerous exotic animal, whether or not the person possesses a 2 permit. 3 (2) If a dangerous exotic animal escapes or is released, 4 intentionally or unintentionally, the owner shall immediately 5 contact a law enforcement officer of the local unit where the 6 escape or release occurred to report the loss, escape, or 7 release. An owner is responsible for all expenses associated 8 with efforts to recapture a dangerous exotic animal that is 9 released or escapes. 10 Sec. 18. (1) A district court may issue a summons to show 11 cause why a dangerous exotic animal should not be humanely eutha- 12 nized, securely confined, sexually sterilized, or confiscated if 13 the court is presented with a sworn complaint alleging 1 or more 14 of the following: 15 (a) The dangerous exotic animal is not maintained as 16 required by section 5(a). 17 (b) The dangerous exotic animal has destroyed property of 18 value, habitually caused damage while trespassing on the property 19 of a person who is not the owner of the dangerous exotic animal, 20 or injured other animals. 21 (c) The dangerous exotic animal has killed or seriously 22 injured any human or another animal. 23 (2) After a hearing, if the court finds that any of the 24 allegations under subsection (1) are true, the court may order 25 any of the following: 26 (a) That the dangerous exotic animal be humanely 27 euthanized. 03350'97 20 1 (b) That the dangerous exotic animal be securely confined 2 under this act on the owner's property, or sexually sterilized, 3 or both, as the court determines appropriate. 4 (c) That the dangerous exotic animal be permanently confis- 5 cated from the owner and transferred to a person approved by the 6 department to care for the dangerous exotic animal on a temporary 7 or permanent basis at a location where the dangerous exotic 8 animal will be safely and humanely cared for or humanely eutha- 9 nized in accordance with this act. 10 (3) If a dangerous exotic animal is confiscated under this 11 section, the owner of the dangerous exotic animal is responsible 12 for all costs associated with the confiscation and placement of 13 the dangerous exotic animal. 14 Sec. 19. (1) A permit may be revoked by the department 15 after an evidentiary hearing under the administrative procedures 16 act of 1969, 1969 PA 306, MCL 24.201 to 24.328, if the department 17 finds that 1 or more of the following have occurred: 18 (a) The permit holder has been convicted of cruelty to 19 animals. 20 (b) The permit holder has violated this act. 21 (c) A court order has been issued against the applicant or 22 permit holder under section 18(2). 23 (d) The dangerous exotic animal has seriously injured or 24 killed a human or another animal. 25 (2) In addition to the sanctions provided in subsection (1), 26 a person who possesses a dangerous exotic animal and who does not 27 obtain a permit for that dangerous exotic animal as required 03350'97 21 1 under this act shall by not more than 14 days after delivery of 2 written notification by the department transfer the ownership of 3 the dangerous exotic animal to a person authorized under this act 4 to possess the dangerous exotic animal. A person who violates 5 this subsection is responsible for all costs associated with the 6 confiscation of the dangerous exotic animal and the attempt to 7 place the dangerous exotic animal in a lawful situation. 8 Sec. 20. (1) A local unit may adopt an ordinance governing 9 dangerous exotic animals that is more restrictive than the provi- 10 sions of this act. 11 (2) The requirements of this act are in addition to other 12 requirements governing dangerous exotic animals under state and 13 federal law. 14 Sec. 21. The permit requirements of section 4 of this act 15 do not apply to the possession of a dangerous exotic animal by a 16 facility licensed or approved by the association of zoos and 17 aquaria, the United States department of agriculture, or the fish 18 and wildlife service of the United States department of the 19 interior. 03350'97 Final page. TMV