House Introduced Bill 6036

HOUSE BILL No. 6036


     September 15, 1998, Introduced by Rep. Nye and referred to the Committee on Agriculture.


        A bill to amend 1919 PA 339, entitled

   "Dog law of 1919,"

   by amending the title and sections 6, 25, and 26a (MCL 287.266,

   287.285, and 287.286a); and to repeal acts and parts of acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                  TITLE

 2         An act relating to dogs and the protection of  live stock 

 3    LIVESTOCK and poultry from damage by dogs; providing for the

 4    licensing of dogs; regulating the keeping of dogs  ,  and autho-

 5    rizing their destruction in certain cases;  providing for the

 6     determination and payment of damages done by dogs to live stock

 7     and poultry;  imposing powers and duties on certain state,

 8    county, city, and township officers and  employes, and to repeal

 9     Act No.  347 of the Public Acts of 1917,  EMPLOYEES; and

10    providing penalties for the violation of this act.


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 1         Sec. 6.  (1) On or before March 1 of each year, the owner of

 2    any dog 6 months old or over  , except as provided in section

 3     14,  shall apply IN WRITING FOR A LICENSE FOR EACH DOG OWNED OR

 4    KEPT BY HIM OR HER.  THE APPLICATION SHALL BE MADE to the county

 5     , township or  TREASURER, TOWNSHIP TREASURER, OR, EXCEPT AS PRO-

 6    VIDED IN SECTION 14, city treasurer, or his OR HER authorized

 7    agent, OF THE COUNTY, TOWNSHIP, OR CITY where the owner resides.

 8     , in writing, for a license for each dog owned or kept by him. 

 9    The  board of supervisors of any county of this state  COUNTY

10    BOARD OF COMMISSIONERS OF A COUNTY may by resolution extend the

11    time for application for license until June 1 of any year, and

12    wherever the date of March 1 is used in this section,  the same 

13    THAT DATE shall be CONSIDERED TO BE June 1 as applied to such

14    county.  Such  THE application shall state the breed, sex, age,

15    color, and markings of  such  THE dog  ,  and the name and

16    address of the last previous owner.  Such  THE application for a

17    license shall be accompanied by proof of vaccination of the dog

18    for rabies by a valid certificate of vaccination for rabies, with

19    a vaccine licensed by the United States department of agricul-

20    ture, signed by an accredited veterinarian.

21         (2) The  board of supervisors  COUNTY BOARD OF COMMISSIONERS

22    SHALL require, by resolution of a majority of the board, that at

23    the time of making the application the owner shall pay the fol-

24    lowing license fee:

25         (A) If the application is made before March 1,  the same

26     shall be accompanied by a license fee of  $1.00 for each male dog

27    or unsexed dog  ; and  OR $2.00 for each female dog.  ; if 



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 1         (B) IF the application is made on or after March 1,  the

 2     same shall be accompanied by a license fee of  $2.00 for each

 3    male dog or unsexed dog  ; and  OR $4.00 for each female dog.

 4     The board of supervisors of any county in this state in which

 5     the collections of the fees hereinbefore prescribed shall exceed

 6     the amount of money necessary to pay the necessary fees and dam-

 7     ages caused by dogs, as provided in this act, in such county, by

 8     resolution, may reduce such fees to an amount deemed necessary by

 9     the board to bring in sufficient funds to pay the damages caused

10     by dogs, as provided in this act, in such county.  The board of

11     supervisors of any county in this state in which the collections

12     of the fees hereinbefore prescribed shall not be sufficient to

13     pay the necessary fees and damages caused by dogs, as provided in

14     this act, in such county, by resolution, may increase such fees

15     to an amount deemed necessary by the board to bring in sufficient

16     funds to pay the damages caused by dogs, as provided in this act,

17     in such county. 

18         Sec. 25.  Any valid claims for loss or damage to live stock

19     which have accrued under any general or local laws, prior to the

20     taking effect of this act, shall not abate by reason of the

21     repeal of such laws by the operation of this act, but all such

22     claims, and all claims arising under this act and all expense

23     incurred in any county in enforcing the provisions of this act

24     shall be paid out of the general fund of the county.  At the time

25     this act takes effect, all moneys then in the "dog fund" in the

26     hands of township or city treasurers, derived from the taxation

27     of dogs under existing laws, shall be turned into the county



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 1    general fund:  Provided, In all cities having  IF A CITY HAS a

 2    well-regulated dog department, the reasonable expense of main-

 3    taining the  same,  DOG DEPARTMENT shall be  borne by said

 4     county, duly  audited by the  board of supervisors, and in any

 5     county having  COUNTY BOARD OF COMMISSIONERS, OR IF THE COUNTY

 6    HAS a board of county auditors,  said  BY THE board of county

 7    auditors,  shall audit said reasonable bills, to  AND SHALL be

 8    paid out of the general fund of the county.

 9         Sec. 26a.  (1) A district court magistrate or the district

10    or  common pleas  MUNICIPAL court shall issue  a summons similar

11     to the summons provided for in section 20  AN ORDER to show cause

12    why a dog should not be killed, upon a sworn complaint that any

13    of the following  exist  EXISTS:

14         (a) After January 10 and before June 15 in each year a dog

15    over 6 months old is running at large unaccompanied by its owner

16    or is engaged in lawful hunting and is not under the reasonable

17    control of its owner without a license attached to the collar of

18    the dog.

19         (b) A dog, licensed or unlicensed, has destroyed property or

20    habitually causes damage by trespassing on the property of a

21    person who is not the owner.

22         (c) A dog, licensed or unlicensed, has attacked or bitten a

23    person.

24         (d) A dog has shown vicious habits or has molested a person

25    when lawfully on the public highway.

26         (e) A dog  duly  licensed UNDER THIS ACT and wearing a

27    license tag has run at large contrary to this act.



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 1         (2) After a hearing the district court magistrate or the

 2    district or  common pleas  MUNICIPAL court may  either order the

 3     dog killed, or  ORDER EITHER THAT THE DOG BE KILLED OR THAT THE

 4    DOG BE confined to the premises of the owner.  If the owner dis-

 5    obeys this order the owner may be punished under section 26.

 6    Costs as in a civil case shall be taxed against the owner of the

 7    dog, and collected by the county.  The county board of commis-

 8    sioners shall audit and pay claims for services of officers

 9    rendered pursuant to this section, unless the claims are paid by

10    the owner of the dog.

11         Enacting section 1.  Sections 19 and 20 to 24 of the dog law

12    of 1919, 1919 PA 339, MCL 287.279 and 287.280 to 287.284, are

13    repealed.































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