Item Coversheet

Resolution

NO. 111

A Resolution Adopting Ordinance No. 04-2017 amending Chapter 608, Animals.

BATTLE CREEK, MICHIGAN - 5/16/2017

Resolved by the Commission of the City of Battle Creek:

 

That Ordinance No. 04-2017 was introduced On May 2, 2017, and which amends Chapter 608 "Animals":

 

Section 1. An ordinance to amend various sections of Chapter 608, Animals, to better define words and phrases used within the ordinance; to address concerns with stray animals, vicious animals, and wild animals, and to add sections 28, Wild Animals, and 29, Classification of Animals, as are attached and made a part hereof.

 

Section 2. Should any section, clause or phrase of this Ordinance be declared to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be invalid.

 

Section 3. All ordinances or parts of ordinances, in conflict with any of the provisions of this Ordinance, are hereby repealed, saving any prosecution, criminal or administrative appeal pending on, or violation cited on or before the effective date of this ordinance, which shall remain subject to the ordinance provision existing at the time of the alleged violation.

 

Section 4. This Ordinance shall take effect ten (10) days from the date of its adoption, in accordance with the provisions of Section 4.3(B) of Chapter 4 of the City Charter.











I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on May 16, 2017.


Victoria Houser

Battle Creek City Commission
5/16/2017
Action Summary

Staff Member: Jill Humphreys Steele, City Attorney 
Department:City Attorney 
SUMMARY 
A Resolution Adopting Ordinance No. 04-2017 amending Chapter 608, Animals.
BUDGETARY CONSIDERATIONS
None.

HISTORY, BACKGROUND and  DISCUSSION

Over the last several years, concerns have arisen with the existing Animal ordinance in several areas. To address those concerns, revisions are needed to better define words and phrases used within the ordinance and to address concerns with stray animals, vicious animals, and wild animals, which is very important to successful prosecution of violations.  

 

Numerous meetings have occurred over the past two years among staff from the City Attorney's office, Animal Control, Planning Department, Code Compliance, and the Police Department.  Proposed revisions were submitted to our office by animal control officers and reviewed in public meetings, and workshops. Additional input was obtained from the community through individual conversations, a survey, and submitted concerns from stakeholders.  The revisions would also require that an annual kennel inspection fee be paid to the City for new or renewal kennel licenses. If the ordinance amendments are adopted, then the fee, bond, and insurance schedule will be revised to reflect this fee.

 

The final version as is attached, is the product of the numerous discussions, workshops and meetings. 

 

There is also an attachment outlining two small potential amendments. The first would be to section 09(a)(9)(B) to clarify the intent regarding confining an animal in a vehicle. The second would be to section 17(d) to require an affidavit be completed at the Treasurer's office in order to be exempted from the license fee for service animals. 



DISCUSSION OF THE ISSUE

POSITIONS
The Police Department, Planning Department, Code Compliance and the City Attorney’s office support these amendments to provide consistency in the ordinance and clarity to residents and those individuals responsible for enforcement and prosecution of violations.
ATTACHMENTS:
File NameDescription
Revisions_to_Adoption_of_Ordinance_5.10.17.docxOptional Amendment to 608.09(a)(9)(B) and 608.17(d)
Ord_608_Animals_Rev_5.02.17_CLEAN.docxChapter 608 Amendments Clean
Ord_608_Animals_Rev_5.02.17_red_line_v.2.docxRed Line Version Chapter 608 Amendments