HomeMy WebLinkAboutCOUNCIL MINUTES 1953-11-30 ADJOURNED Page 1280
MINUTESOF THE ADJOURNED
107th REGULAR IEETING
111
Or THE COUNCIL OF THE, CITY OF LIVONIA
On November 30, 1953, above meeting was held at 33001 Five Mile Road,
Livonia, Michigan, and was called to order at approximately 3'45 P M , by the
President of the Council, Harry S Wolfe Roll Was called with the following
result- Present, Harry S Wolfe, Raymond E Grimm, John .1 Whitehead and
William J Taylor Absent, Wilson W Edgar Harold Bower and Nettie Carey.
Mr Hunter, representing Cunningham Drug Stores, appeared before the
Council in support of the application of Cunningham Drug Stores for SDM license
By Councilman Grimm, seconded bet Councilman Taylor and unanimously
adopted, it was
#735 RESOLVED, that the Co rcil does hereby approve the
request of Cunningham Drug Stor s, Inc , 33211 Plymouth Road,
Livonia, Michigan, for a new SDM licensee which request has
III also been approved by the Chief of Police of the City of Livonia
By Councilman Grimm, seconded by Councilman Whitehead, it was
#786 TsSOLVED, that the Council having considered the request
dated hovember 3, 1°53 of Warner 8: Warner, :engineers, acting for
Park Building Company, for arp 'oval of Smokier-Rousseau Subdivision #2,
part of Northwest 1/4 Sec iai 32, Town 1 South, Range 9 East, City of
Livonia, Wayne Countz, Michigan, which Subdivision is one of three
units all bearing the same name but having different numbers, and the
Council likewise having considered the plans for the improvements in
said Smokle Rousseau "ubdivision #2, as prepared by Warner 8< Warner
and as aprroved b;, the Department of Public Works under date of
and Novembc 24, 1953, athe Council having further considered �a com-
munication from the Director of Public °forks dated November 24, 1953
recommending that said Smokier-Roasseau Subdivision #2 be approved
and that Bonds in certain amounts be furnished to the City of Livonia,
and it further appearing that tentative approval of said Subdivision
was given by the City Planning Commission dated January 9, 1953, the
City Council does hereby approve the proposed plat of said Smokier-
Rousseau Subdivision #2, provided, however, that such approval, is
made on the following conditions-
(1) All of such improvements shall be installed in
conformance with the Plat Ordinance (No. 44) of the
III
City of Livonia and the rules and regulations of the
Department of Public Works, within a period of two
years from the date of this resolution,
Page 1281
(2) 'hat the installation of such improvements shall
be supervised and inspected by the Department of Public
Works and such improvements shall not be considered as
having been satisfactorily installed until there is filed
with the Council a Certificate as provided in Section 14
of said Crdinarce No 44,
(3) And the City Clerk shallaffix her signature on said
Plat as evidence of this approval only on satisfactory in-
stallation of said improvements or, in lieu of, upon filing
with her by the proprietors of such Subdivision, a bond to
the City of Livonia either in the cash amount of 455,000.00,
or signed by an approved Surety Company in the amount of
460,000.00, which bond shall be in such form as may be
approved by the City Attorney
A roll call vote was taken on the fore_Ging resolution with the following result
AYES Grimm, Whitehead, Taylor and Wolfe.
NAYS: None
T Councilman Whitehead, seconded by Councilman Taylor, it was
#787 RESOLVED, that the Council having considered the request
dated November 3, 1953 of ,Warner & darner, Engineers, acting for
Park Building Company, for approval of Smokier-Rousseau Subdivision #3,
part of Northwest 1/4 Section 32, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michi_,an, which Subdivision is one of three
units all bearing the same name but having different numbe-s, and the
Council likewise having considered the plans for the improvements in
said Smokier-Rousseau SubdiJision #3, as prepared by Warner & warner
and as aoproved be the Department of Public Works under date of
November 2e, 1953, and the Council having further considered a com-
munication f-om the Director of Public 'Works dat-=d November 24, 1(453
recommending that said Smokler:poi sseau Subdivision #3 be approved :nd
that Bends in certain amounts be furnished to the City of Livonia, and
it further appearing thal, tentative approval of said Subdivision was
given by the City Planning Commission dated January 9, 1953; the City
Council does hereby approve the proposed plat of said 9mokler-Rousseau
Subdivision #3, provided, however that such approval is made on the
following conditions
(1) All ef such impro,cement s shall be installed in con-
formance with the Plat Crdinance (No 44) of the City of
Li coni a and the rules and regulations of the Department
of Public .Works, .:.thin a pe-iod of two rears from the date
of t. :s resolution,
(2) That the installation of such improvements shall be
supervised and inspected b- the Department of Public ;,orks
cM such 1rnroverlents shall nou be considered as having
been satisfactorily installed until trere is filed with
the Council a Certificate as provided in Section 14 of
said Ordinance No 44,
Page 1282
(3) And the Citj Clerk shall arfix_ her signature on
said Plat as evidence of this approval only on satis-
factory installation of said timprovements
eprproprietorsv r, in lieu
ch uub-
of, upon filing wits her by su. hhS cash
Sub-
division, a bond to the City of Livonia either
amount of $45,000.00, or signed b5 an approved c'urety Company
in the amount of $50,000
00, whichy Acobend shall be in such form
as may be approvedby
A roll
call vote was taken on the foregoing resolution with the following result:
AYES- Grimm :>yritehead, Taylor and Wos.fe
NAYS- None
The City Clerk read a letter from Carey and BeGole, attorneys for Auto
0:•3ner5 Insurance Company, dated November 27, 1453, addressed to the City Attorney
and pertaining to the claire of the estate o, Diane Everhart deceased The City
Attorney explained that the Chatter requires that all, such claims be filed with
the City Council, that the Charter does - ot provide for any action of the Council
on such claims, and that the attorney for Auto Owners Insurance Company
has re-
quired that some disposition be made of the claim by the City Council, as a
prerequisite to the handling of such claim bT the insurance company
By Councilman Taylor, seconded by Councilman Grimm it was
#788 RESOLVTD, that the City Council having considered a letter
from Carey and BeGole, attorneys for Auto Owners Insurance Company,
dated November 27, 1953 addressed to r?illiam Brashear, City Attorne;,,
and requesting the Council, to deny the claim of the estate of Diane
Everhart, deceased, as a prerequisite to disposition of such claim
by Nuto Owners Insurance Company, the Council does hereby find that
said claim was filed .nth the Council pursuant to Section 9 Chapter X
of the City Charter, within the oe-iod of sixty (b0) days provided
by the Charter and,
in view of the requirement of said insurance
City of Livonia
company and the cont-act of insurance between the
and said company, the Council does hereby determine that it is un-
able to allow said claim and e sereby refer aunder the id claim ttermsdof
insurance company for proper disposition thereof
said contract
A
roll call vote was taken en the foregoing resolution with the following result:
AYES• Grimm, ;,hit ehead, Taylor and Wolfe
1
NAYS: None
Page 1283
The Council next considered a proposed new Dog Ordinance and the
report cf Councilman Whitehead, chairman of the Dog Committee
Councilman Whitehead introduced the following Ordinance
Jo 76
AN ORDINANCE R.EGULATI?':G THE KEEPING OF DOGS,
PROVIDING FOR r7HE ISSUANCE OF ISG AND =NW,
LICENSES, PROVIDING FOR. A DOG POUND ",.ND DOG
WARDEN PROVIDING .OR THE DETERMINATION AND
PAYMENT OF CLAIMS AND PROVIDING A PENALTY
FOR VIOLA'"ICNHEREOF
THE CITY OF LIVONIA ORDAINS-
ARTICLE 1 00 -
TITLE, PURPOSE AIM Ei:hBLIIrG AUTHORITY
Section 1.01 Title. This ordinance shall be knwm and cited as the
Dog Ordinance
Section 1 02 Purpose The purpose of this ordinance is to promote
the public health, safety, morals, convenience, comfort and general welfare of
the community through the proper cor.rol and care of dogs by their owners and others
Chapter 1.03 Enabling Authority This ordinance is adopted pursuant to
the provisions of Section 1 of Chapter II and `'ections 11 and 12 of Chapter IV of
The Charter of the City of Livonia
ARTICLE 2.00 - DEFINITIONS
Section 2 01 Meaning of Words arra Phrases The words and phrases defined
in this article when used in shin ordinance shall, for the purpose of this ordinance,
have the meanings r-spectivel,>r ascribed to them in this sectior, except in those cases
where the context clearly indicates a different meaning
Section 2 02 Boarding Kennel. A "boarding kennel" is the premises of any
person who keeps, grooms, cares for, trains, handles, maintains, or boards a dog or
dogs, belonging in the proprietory sense to another, as a business
Section 2 03 City The word "city" as used .erein shall mean the City
of Livonia
Section 2.04 Court The word "court" shall include the existing 4ustice
Court of the City of ivonia and any Municipal Court or other court which may here-
after be created in accordance with the Statutes of Michigan and the Charter of the
City of Livonia
Page 1284
Section 2.05 Department. The word "depavtment" as used herein shall
include the Police Department, the Chief of Police and his dull- authorized repre-
sentatives.
Section 2 06 General. Words used in the singular number include the plural
number. Words used it the plural number include the singular number
Section 2.07 Individual Dog License The term "individual dog license"
means the licenses of one or several dogs as required by this ordinance, but does not
include the licersing of dogs under a kennel license as provided in this ordinance
Section 2.08 Kennel The term "kennel" when used in this oedinance shall
mean a private kennel as hereafter defined and a boarding kennel as above defined, or
either a private kennel as hereafter defined or a boarding kennel as above defined
Section 2.09 Owner When applied to the proprietorship of a dog, the
words "owner" and"owning" shall include and Pertain to every person having a right
of property in such dog, and every person who keeps or harbors such dog or has it
in his care, and every person who permits such a dog to remain on or about any
premises occupied by him
Section 2 10 Person The term "person" shall include every natural
person, firm, corporation, associatior or co-partnership
Section 2 11 Police Officer The term "police officer" shall mean any
person employed or elected by the State of Michigan, the City of Livonia, or the
County of Wayne, whose duty it is to preserve peace or make arrests or to enforce
the law, and shall include a Dog Warden appointed by the Chief of the Police
Department.
Section 2.12 Private Kennel A "private kennel" is the premises of an
owner, as herein defined, who keeps or harbors more than four (4) dogs for the
purposes of a hobby, sporting activity, breeding, sale of puppies or dogs, cr
merely in the proprietory sense, or an owner of less than four (4) dogs who becomes
a private kennel by election
Section 2.13 Reasonable Control A dog shall be deemed under "reasonable
control" when said dog is with the cwner or some member of the owner's family, or
some other person with permission of the owner A dog shall be deemed not to be
under reasonable control when a dog commits damage to the person or property of
anyone other than the owner, except in the defense of the owner, his family, or
his property, oe, in the cast: of a female dog while in heat, cff the premises of
the owner, utilese confined in the process of being transported to or from the
premises of an owner.
Section 2.14 Running At Large The words "running at large" shall con-
stitute the status of any dog off the premises of the owner thereof
ARTICLE 3.00 - DOG LICENSES
Section 3 01 Licenses Re aired. It shall be unlawful for any person to
own, possess or hat'bor a dog four () months of age or over, for a period of five
(5) days or more, in the City without first having obtained a license therefor
Section 3.02 Applications. All applications ''or dog licenses shall be
filed with the Department on such forms as may be provided by such Department It
Page 1285
shall be the duty of any ~person owningIII or harboring a do
orf December
comb year, or on or before any dog becomes' onu or before the 1stg day
within five thirty (30) days after suet-, person becomes a residar (o`, monthsCity,of ores
(5) da�r. after he becomes the o nt ) the ageor
more, to apply t'or a license or to apply whet of a dog four (4) months of or
applicant for a dog p y for a kennel license as hereafter provided
Thecaiplicn applicant
license shall give his full name and address and .he
nd
description
the dog If the applicant has become a age a
Y (30) days, or the owner of a dog resident of the City shallin
give the date of boromin aresident o Grithin five (5) days, the applicant
applicant shall furnish a ce tificateor orothe acquiring the dog, as the case may
applicant
s againstllrabies within proper evidence that the be• The
in a
immunized
manner approved by ithin a four (4) months periodapplication,lg has been
expire on the 30th day of epa November 1ntLheAll doglicenses hereafterrto the suesha
lwing ru issued shall
year following their issuance
Section 3.0 3 Fees. Fees for dog
licenses shall be as follows:
(a) P.eiular Fee. A fee of Two ($2 00) Dollars shall be
charged for each dog,
(b) Reduced Fees In the case of
se
issued, after June 1st provided any individual dog
the Department that the dog. ve�.� n ct acthe quired
b'�'�`'S to the satisfactionofor did not Depamertment
four quired by the owner
odi was (4) months of age prior to May 1st,por that the rior to May 1st,
net a resident of the City and owner of the dog
the fee shall be One
01.00) Dollar for each dog o prior to Lay 1st,
111
(c) Late Applications. When
individual dog Late
a cat an application is made for
ofin age, a dog than thirtytMarch 1st, or after a dog an
(30) days anter if fourn (4) months
its owner has moved into she C�+ thedog has been accuired or
�T3.� of ?enalt� amounting to Ore S , � �ditiona,,;. charge shall be made by the case c t' ars 01 00) Dollar per dog; provided, however,
gone moving into the City after March 1st or owning or
acc�u�..ring a dog becoming a i after g four (4) months of age after March 1st, or acquir-
ing r March est, and furnishing satisfacto
inroof .o the nt o such to ch t ,, thelicense fee shall be the same as for licenses 1st.
Al/ 1'cense fees shall br,- paid to the Cat, Treasurer,
City Treasurer may d PsiFra,,e anct
authorize ce_, gravid or however, ofat the
Department, including the Dog taro officers employees the
Treasurer ars to ies Marden, to acceptefsuch fees in the name of the City
ue props receipts +;:�rsor.
See:;ion 3 01. Issuance cf
Department on Pili T Licenses. Dog licenses shall
and approval of proper applications, on payment ofbe sthe required the
fees and on full compliance with the
teat the rovisiurrs of this ordinance, however,
�itj Clerk may designate and authorize certain officers eor�employees th
Department to Issue and sign such Licenses
o� the
licensedc,,zon 3 05 Fcrei�-xr Licenses. lr, the case
Zr?� another eo +� of a dog Which has been duly
authority f un f, city or village in the State or
lb o- any state in the Unit-red States of application
or by lawfulby
the comer or person '-larbcr' �eI'ica if
zng such a dog ,,, adals tr is rage upy
his residence ir. the City, Otho thirty (30) days after
fore i S, and at least (oo) days prior to the ye rae o acting
foreign 1 cense and furnish pro er evidence expiration of his
P derce that the dog has been immunized against
rabies subsequert to the previous December 1st, the fee shall be One (�1h .D0) Dollar
for each dog. The Department shall retain and file such foreign lice
ase and return
Page 1286
it to the carne' thereof on demand if the owner at any time desires the return of
such license and deposits with the Department his City license in exchange thereof
Section 3.06 Transfer Whenever the ownership_ or possession of any dog
is permanently transferred from one person to another within the City, the license
of such clog may be likewise transferred upon notice given to the Department, pro-
vided, however, that such transfer shall be entered in the Departmentts records
ARTICLE 4 00 - KENNEL LICENSES
Section 4 01 Licenses Required No person shall establish, maintain or
operate a kennel without first obtaining a license in the manner hereafter provided
Section 4 02 Applications All applications for kennel licenses shall be
filed with the Department on such forms as may be prepared by such Department. The
application fcr a kennel license shall be made on or before December 1st of each
year and shall give a description of the premises where a kennel is to be operated,
the capacity of the kennel quarters and the largest number of dogs, including those
four (4) mcnths of age or younger, to be kept thereat, and a description of the type
of kennel to be licensed and the functions to be engaged in by such kennel It
shall give permission for any duly authorized officer or representative cf the City
and County to inspect said premises at all reasonable times All kennel licenses
hereafter issued shall expire on the 30+h daj of November in the year following
their issuance
Section !+ 03 Fees Fees for Kennel licenses sha.il be as follows-
"
(a) For Private Kenrels - Twenty-five (Z25 00) Dollars
Fcr Boarding Kennels - One Hundred ($100.00) Doilars
(c) Reduced Fees. In the case of any kennee application for
a kennel established after June 1st of each year, the fees for a kennel
license shall be one-half' (1/2) he amounts herein provided for a full
year
(d) Late Applications :Then an application is mode for a
kennel license after December 1st, or in the case of a kennel established
after November 1st, more ehan ;,hirty (30) days after such Kennel has
been established, the fees shall be.
(1) For a private kennel - Thirty-five ( 35 00) Dollars.
(2) For a boarding kennel - One Hundred Twenty-five
0125 00) Dollars
All license fees shall be paid to the City treasurer, provided, however, chat the
City Treasurer may designate and authorize certain officers or employees of the
Department, including the Dog :Marden, to accept such fees in the name of the City
Treasurer and to issue erooer receipts therefor
Section 4 04 Iseuance of Licenses Kennel licenses shall be issued by
the Department or filing and approval of .groper applications, on payment of the
required fees and on full compliance with the provisions of this ordinance;
Page 1287
provided, however, that the City Clerk may designate and authorize certain officers
or employees of the Department to issue and sign such licenses
Section 4 05 Zoning Ordinance No kennel license shall be issued or
transferred until the Bureau of Inspection of the City has certified that the
maintenance and operation of such kennel is in full compliance with the provisions
of the Zoning Ordinance, also known as Ordinance No 60 of the City The words
"accessory ases", as used in said Zoning Ordinance, shall include kennels together
with all shelters, buildings, yards, pens and runways incidental thereto, all of
which shall be subject to the same provisions of said Zoning Ordinance as are
applicable to accessory uses in districts in which kennels are permi+ted
Section 4.06 License Not Transferable. Kennel licenses shall not be
transferable Any kennel license shall automatically expire upon the sale, transfer
or other disposition by the owner of the kenne.i. for which such license was issued
Section 4.07 Posting of License Each kennel license shall be posted
in a conspicuous place on the premises where the kennel is maintained
Section 4.08 License Limitations. A license for a private kennel shall
in no way authorize the holder thereof to operate a boarding kennel, nor shall a
license for a boarding kennel authorize the holder thereof to operate a private
kennel; provided, however, that nothing in this section shall prevent anyone from
obtaining both a private and a boarding kennel license if he is otherwise qualified
to receive such licenses
Section 4.09 Kennel Limitations No private kennel license shall permit
or authorize the keeping or harboring of more than fifteen (15) dogs No boarding
kennel license shall hermit or authorize the keeping, harboring or boarding of more
than twenty-five (25) dogs No person shall keep, harbor or board in any kennel
any number of dogs in excess of the number authorized or permitted by the license
issued for such kennel, ncr shall any person own, maintain or operate any kennel
in which the number of dogs kept, harbored or boarded is in excess of the number
authorized or permitted by the license issued for such kennel.
ARTICLE 5 00 - TAGS
Section 5.01 Issuance cf Tags. Upon issuance of a dog licerse there
shall be delivered to the licensee by the Department, a license tag of metal or
other suitable material, and not less than one (1) inch in length or diameter,
containing the number of the license dui?, stamped or engraved thereon, the year
of issuance, the words "Licensed, Livonia, Michigan", and also bearing the word
"Immunized" in the case of individual dog licenses
Section 5.02 Attach to Collar Every person owning o^ harboring a dog
shall provide the same with a substantial collar of durable material and shall be
responsible for atta.,hing the license tag securel.T thereto, and shall cause said
collar with license tag a, tached thereto, to be worn by said dog absence of the
collar and license tag from any dog shall be prima facie evidence that said dog
is not licensed
Section 5 03 Removal of Tac, No person shall remove any license tag
from any dog without the consent of the person owning or hab^ring said dog, nor
shall any person attach a tag on the collar or harness of any dog other than the
dog for which the tag was issued
Page 1288
Section 5 04 Loss of Tag In case otheloss
o'
a tag
the
cents may
secure a duplicate from the Depa~tmen,,+ upon oa.,' hoffifty ( ta) th
Section 5.05 Lennel Tags dpcn the issuance of a kennel license there
shall be deli.ve„ed to the licensee by the Department a number of metal tags eckal
to the number or dogs authorized . o be Kept in the kennel Such ttags shed orall cuain
a serial cumber end the words "Kennel ;,icense, Livonia, Michigan std
en-
graved thereon Such t ags shall he rea-ily distinguishable from the individual
license tags for the same `rear
Section 5.06 Attaching of Kennel Tags `she L censee of a Kennel shall
at all times keep one of such tags attached to the collar of each dog four (4)
morths old or over, kept by him under a kennel license No dog bearing a kennel
tag shall be permitted to stray ox be token anywhere outside the limits of the
kennel This section does not pro'libit the taking of dogs having a kennel license
outside the kennel temporarilf, and in leash, nor does it prohibit the taking of
such dogs out o° the kennel temporarily for the purpose of hunting, breeding,
trial or sinew
ARTICLE 6.00 - DOG ?MID laD WARDEN
Section 6.01 Seizure ofDolgs J The City oshall provide
and
mtna
pound and it shall be the duty of the Dog�.larden, r noyfo otherr of te Ce employed yo
by the Department for that purpose, and c any police
promptly seize, take up and glace in said pound, aa dogs that may be found run-
”' ning at large cont^ary to the orovisions of this ordinance, all dogs within the
City which are not under reasonable
and l dogs s are
being kept
or harbored any Mace htntheCity ccnrarotheprovionsof this ordinance
Section 6.02 Pound Fees Any dog seized or impounded by the Dog Warden
shall be released upon the following conditions
(a) Payment of a gee of Three ($3 00) Dollars for a dog the
first time such a dog is seized or impounded, and Five (,15 00) Dollars
for a dog for each subsec;Uent time.
(b) payment of the cost of boarding said dog, at the rate of
One ($1.00) Dollar pe- day, or part thereof, if the same is impounded
for more than twenty-four (24) hours
(c) The showing of a City license or if he has no license,
the making of an application for same
Section 6.03 Record og Dogs.
The Dog Warden upon receiving any dog shall
make a complete registry, entering the breed, color, and sex of such dog and whether
licensed. If licensed he shall ent,r the name and. address of the o:mer and the
number of the license tag.
Section 6.04 Disposition of Impounded Dogs The Dog ', arden shall
perform the follo-•ri.hg duties
(a) He shall impound unlicensed dogs for a period of three
(3) days following seizure thereof and, unless such dogs are not claimed
and idedaIndthishsection n,period
ho shall destroy disposed
sameain ahereinafter
manner.
provided '-.n
Page 1289
(b) He shall impound licensed dogs for a period of seven (7)
days following seizure thereof, he shall give notice of such impounding
by mail to the address appearing on the license application within a
period of forty-eight (48) hours from the time of seizure and, unless
such dogs are not claimed and released within said seven (7) day period
or are disposed of as hereinafter provided in this section, he shall destroy
the same in a humane manner
(c) If in his judgment any impounded dog is valuable or other-
wise desirable of keeping, the Dog Warden may dispose of said dog to any
person who will undertake to remove said dog from the City or keep and
harbor said dog within the Citi in accordance with the provisions of
this ordinance, and who shall satisfy the Dog Iarden that he is capable
of fulfilling such undertaking. Where two or more persons desire a
particular dog, such dog shall be sold to the highest bidder of such
persons, provided, however, that no bid shall be less than the cost to
the City for keeping said dog.
Section 6.05 Dog Warden The Chief of the Department shall appoint a
Dog Warden, subject to Civil Service procedure, who shall have such powers and
duties as are provided in this ordinance and who shall perform such other duties
as may be assigned to him, from time to time, by such Chief It shall be the duty
of the Dog Warden or other person designated by the Chief of the Department to
make diligent inquiry as to the dogs owned, harbored or kept, or kennels operated,
in the City and whether such dogs and kennels Are licensed Any dog found unlicensed
after December 1st of each year riay be seized and impounded by the Dog Warden or
other authorized person If the owner or person harboring such dog be known, the
Dog Warden or other officer shall file a complaint against said cwner or person
in the Court
Section 6.06 Contracts with Other Municipal Corporations. The Chief of
the Department is hereby, authorized uo negotiate contracts with other municipal
corporations, includingcities, villages and townships, for the care, maintenance,
destruction and disposal of awl dogs seized and impounded by such municipal
corporations, provided, however, that no such contract shall become valid and
binding on the City of Livonia until it has been approved by the City Council
ARTICLE 7 00 - CLAIMS
Section 7.01 Damage to Livestock or Poultry Whenever any person sustains
any loss or damage to any livestock or poul+.ry by dogs, or whenever any livestock
of any person is necessa-il! destroyed because of having been bitten by a dog, such
person or h' s agent may complain to the Dog Warden Such complaint shall be in
writing, on forme to be furnished by the City Clerk, signed by the person making
it, and shall state when, where, what and how much damage wae done, and, if l :own
by whose dog or dogs The Dog ,:arden shall examine the )lace where the alleged
damage was sustained and the livestock or poll-4.1.y injured or killed, and make
diligent inquiry in relation to such claim, and if possible, a determination of
who was ane owner of uhe dog or dogs by which such damage was done If during
the course of said investigation it shall appear who is the owner of the dog or
dogs causing the los' or damage, the Dog Marden shall, and is hereby authorized
to do so, file a complaint against the alleged owner in the Court Any owner or
keeper of such dog or dogs shall be liable to the City in a civil action for all
damages and costs paid by the Ci+.3 on any such claims as hereinafter provided.
The original claimant shall be taxed the cost of said proceedings
Page 1290
Section 7 02 Report on Damage Upon making the examination required in
the preceding section, if the Dog Warden finds that any damage has been sustained
b3 the complaining owners of said livestock or poultry, he shall forward the
original complaint and his written findings to the Chief of the Department The
Chief of the Department shall review said written findings and complaint, and if
necessary, further investigate the facts; and shall make a written recommendation
to the City Council of the value of the damage or loss sustained, if such damage or
loss he believes was caused by dogs
Section 7.03 Payment of Claim Upon receipt of the recommendations of
the Chief of the Department, as provided in Section 7 02 of this ordinance, stating
that a certain amount of damage has been inflicted upon the livestock or poultry
of the claimant, the City Council shall authorize and order the City Treasurer to
pay to the claimant an amount representing the loss or damage sustained, as set
forth in the recommendation of the Chief of the Department, together with the neces-
sary and proper costs incurred and uaid by the claimant under Section 7 01 of this
ordinance, provided, that in the case any claim shall exceed Ond Hundred ($100 00)
Dollars or in the case any claim appears from the complaint, report of findings,
or recommendation filed that said claim is illegal or unjust, the City Council may
make an investigation of the case and make its award accordingly Claims and costs
approved and ordered paid under this section .,hall be paid from the general fund
of the City No payment shall be made for any item which has already been paid by
the owner of the dog or dogs doing the in jury When any payment is made by the
City of Livonia for any livestock or poultry bitten by a dog or dogs, such payment
shall not exceed One Hundred (0.00 00) Dollars for each horse or mule, Sixty 060.00)
Dollars for each head of cattle, Fifty (450.00) Dollars for each head of swine,
Fifteen (: 15 00) Dollars for each head of sheep or goats, or One ($al 00) Dollar
for each head of any other animal or fowl not herein enumerated, provided that in
the case of the claim.. paid, under the above circumstances on accountof
damagesars for
to turkeys or geese, the said payment shall not exceed Eight ($8 00)
any cne claim arising out of the same transaction
Section 7 04 False Claims Any person presenting a false claim knowing
it to be false, or receiving any money on a false claim, shall be deemed guilty of
a misdemeanor and upon the conviction thereof shall be subject to the penalties
provided in Section 8 17 of this ordinance.
ARTICLE 8.00 - GENERAL PROVISIONS
Section 8.01 Running At Large Prohibited No dog shall be permitted
upon the public streets, public thoroughfares, public .}arks or public places, or
orf the premises of the owner thereo`', unless such dog is under reasonable control.
No dog shall be permitted to run at large if such dog is unlicensed and is required
to be licensed under this ordinance, and any such dog is hereby declared to be a
public nuisance; provided, however, that the Chief of the Department may, from
time to time, order that no dogs, licensed or unlicensed, shall run at large for
a specified period not in excess of six (6) months, if conditions and circumstances
warrant, for the purpose of protecting the health, safety and welfare of the people
or property within the City; provided further, that notice of such order shall be
published in the official newspaper at least five (5) days prior to the commencement
111 of any period specified in such order.
Section 3.02 Operation of Kennels All dogs in a kennel shall be pro-
vided with sufficient housing to protect them from the weather and the elements
No dog shall be so penned, caged, boxed, housed or kept that -easonable adequate
Outside runs, pens or yards a-e not individually available to such dog for his
Page 1291
exercise, health and well-being There shall be a dwelling situated on the
premises cr which any kennel is located, in which dwelling there shall reside
such person or persons as is cr are r sncnsible for the care, un-keep and control
of the dogs contained in such kennel
Section_ 8.03 Sanitation No dog shall be kept or ha-bored, ncr shall any
kennel be maintained or operated in any unclean, unsanitary or unsightly manner, or
in such manner as , o cause unpleasant, or obnoxious odors, or in such manner as to
constitute a menace to the public health, safet, and welfare
Section 8.01 Noi..e No persor shall keep or harbor ani, dog, in a kennel
or otherwise, which by .loud, f'roauent or habitual barking, howling, growling, yelping,
baying, whining or other noise, shall cause a serious annoyance to the neighborhood
or to people passing to .sic' 4 re pori the streets, or shall disturb the public peace,
or shell constitute u menace to the pubic health, safety and welfare
Section S 05 Trespass No pe-son shall own, seep or harbor any dog,
whether such dog is licensed or unlicersed, Which has destroyer' or damaged property
of any other person or oersons, or which habitually trespasses on such property
Section 8.06 lioious Acts No ..person shall own, keep or harbor any dog,
licensed or unlicensed, which has atta'ked, bitten or scratched any other person,
except in defense of his owner, or the fem ly or property of such owner, or which
exhibits a vicious nature and habitually molests passers-by when Lawfully on the
public highway, regardless of whether or not said dog is on the public highway
Section 8 07 Cruelty No pe' son shall treat any dog in a cruel or in-
human manner No person owning,keeping or harboring any dog, in a kennel or other-
wise, shall wilfully or negligently cause, or permit such dog to suffer unnecessary
torture or pair
Section 8.08 Rabies. If a dog is believed to have rabies or has been
bitten by a dog suspected of having rabies, such dog shall be confined by a leash
or chain on the owner's premises and shall be placed under the observation of a
veterinarian at the expense of +he owner for a period of two weeks The owner
shall notify the Dog Warden of the fact that his dog has been expcsed to rabies
and at his discretion the Dog Warden is empowered to have such dog removed from
the owner's premises to a veterinary hospital and there placed under observation
for a period of two weeks at the expense of &,he owner It shall be unlawful for
any person knowing cr suspecting a dog has rabies to allow such dog to be taken
off his premises or beyond the limits of the City without the written permission
of the Dog Warden Every owner, or other person, upon ascertaining a dog is rabid
shall immediately notify the Dog Warden or a policeman who shall either remove the
dog to the poundorsummarily destroy it
Section 8.09 Damages All persons shall be liable for damages for any
and all injuries to persons or property that maybe caused by any dog owned by
them, which damages maybe determined and collected in appropriate civil proceed-
ings therefor, in which proceedings the proof of the failure or refusal by such
owner to comply with the provisions of this ordinance shall constitute prima facie
evidence of negligence on the part of such owners
Section 8 10 Denial or Revocation of License. Any license issued under
this ordinance may be revoked by the Chief cf the Department, and any application
for a license under this ordinance may be cbnied by said Chief, for any one or more
of the hollowing reasons.
Page 1292
(a) Fraud or misrepresentation in the application for such
111 license,
(b) Fraud or misrepresentation in the use or exercise of such
license, or in the operation of a kennel,
(c) Any violation of this ordinance, or ofhe rulesarcefand City,
regulations authorized b5 this ordinance, or of any r
(d) Any viol-tion of any of the laws of the United States or
the State of Michigan;
(e) The use or exerciee of such license, or the operatior of
a kennel, in an unlawful manner or in such manner as to constitute a
breach of the peace or a menace to the health, safety or welfare of the
public,
(f) Any failure or inability on the part of the applicant or
licensee to meet and satisfy the
gust requirements and provisions of this
ordinance and said and
Written notice of such revocation or denial, stat!Ixg the reason or reasons therefor,
shall be delivered to the applicant or licensee personally at the time ofsuchion
revocation or denial, or shall be mailed
revocato tion , ress derial,�tated in his app
l,
ch
within five (5) days following
111 der this
Section 12oeal Whenever for �llecensense issued
under�his ordinance nhasehas
been
been revoked, or whenever any applicationhave a hearing
denied, any person directly aggrieved by such revocation or denial may
fifteen
before the City Council provided shall
denial., a wr tten reauestrfor suchnhearing.
(15) days following such revocation or
Following a hearing, the City Council shall either affirm such revocation or denial,
or shall order such license to be issued or reinstated on such terms and conditions
as shall seem reasonable and just
Section 8.12 Enforcement and Administration. The provisions of this
ordinance, and the rules and regulations adopted pursuant to th s or inanden ce, shall
be administered and enforced by the Department, including Dog
to
Section 8..12 Rules ande thata°ns The d�-�_st,rationaandeenforesmaatis rofetly-s
make rules and regulationsgoverning _
ordinance, which rules and regulations not��aion effective shclltbe approved by
the City council and conies of
for distribution to all interested persons
on, repair,
Section s.11,. Finances Alpo�aen�d ins c heed in the admznistraticn�andienforcement
maintenance and operation of the Dog , fees,
of this ordinance, shall be paid from the general
created heprovided by this
charges, penalties, pines, receipts and
ordinance, shall be paid into such general fund.
Section 8.15 Compliance, No dog sha_r ve kept or harbored within the
City, nor shall any kennel be maintained or operated within the
e City, exceptainor
in
rsocompliance with the provisions of this ordinance No pe
do within the Citi', or maintain or overate a kennel within the City, except
any g
in compliance with this ordinance
Page 1293
Section 8.16 Violation Nuisance Per Se Any keeping or harboring of any
dog contrary to the provisions of this ordinance, or any maintenance or operation
of a kennel contrary to such provisions, is hereby declared to be a nuisance per se
Section 8.17 Penalty. Any person who shall violate or fail to comply
with any of the provisions of th,' s ordinance, or any of the rules and regulations
adopted in pursuance hereof, or who shall hamper, impede or interfere with the
performance of the duties of the Dog Warden or any other officer of the Department
under the -provisions of this ordinance, shall be Guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not exceeding Five Hundred
($ 00.00) Dollars, or by imprisonment not exceeding ninety (90) days, or by both
such fine and imprisonment in the discretion of the Court. Each act of violation
and every day upon which such violation shall occur shall constitute a separate
offense
Section 8.18 Other Remedies. In addition to all other remedies, including
the penalties provided in Section 8 17 of this ordinance, Whenever there has been
more than one violation of Section 8 05 or Secticn 8 06 of this ordinance, involving
any dog, the Court may order that such dog be destroyed by the Dog Warden in a
humane manner In addition to all remedies heretofore mentioned in this section,
the City may commence and prosecute appropriate actions or proceedings in the
Circuit Court f'cr the County of Wayne or any other court laving jurisdiction, to
restrain or prevent any non-compliance with, or violation of any of the provisions
of this ordinance, or to correct, remedy or abate such non-compliance or violation
Section 8 19 Repeal The following ordinances are hereby expressly
repealed:
(a) The Dog Ordinance of the Township of Livonia, adopted by
the Livonia Township Board on April 26, 1943, and
(b) '1l other ordinances or parts of ordinances in conflict
or inconsistent with the provisions of this ordinance
Section 8.20 Severability This eedinance and thA various parts,
sentences, paragraphs, sections and clauses thereof are hereby declared to be
severable. If any part, sentence, Paragraph, section or clause is adjudged un-
constitutional oN invalid for any reason, such holding shall not affect the re-
maining portion of this ordinance
Section 8.21 Effective Date. This ordinance is hereby declared to be
an emergency ordinance necessary to the protection of the public health, safety
and welfare, and shall become effective immediately on publication
A roll call vote was taken on the foregong ordinance with the following result:
AYES, Grimm, Whitehead, Taylor and 'Tolle
NAYS, None .
President Wolfe declared the foregoing ordinance duly adopted, as an emergency
measure, and will become effective on the da...e of publicatior which will be
December 24, 1953
Page 1294
The City Clerk read a letter from iass Margaret A Kennedy dated November
9, 1953, r-quesLinp permission to c )erave a candy and tobacco stand in the City
Hall lobby. With the consent of all members, President Wolfe directed the City
Clerk to contact Miss Kennedy and to arrange with zer to meet with +he Committe,,
of the Whole
By Councilman maylor, seconded b, Councilman Grimm and unanimously adopted,
it was
#789 ` SOLVED, that the City Fall be closed on Saturda7 December 2o,
1953, and or Saturday January 2, 1954
On motion of Councilman „aylor, su ported b-.; Coincilman Grimm and adopted
by the uranimos af4'irrnative vote of all members present, this 10'7th regular meet—
ing of the Council was adjourned until Thursday, December 3, 1953 at 8 30 p. m ,
the time of this adj,^urnmhnt being November 30, 1953 at 11 p m.
= W Clark, City Clerk
Attested.
Harry S 4olfe, Pre9idy,t