at least one attorney recognizes the law

at least one attorney recognizes the law

Terry Shaw’s opinion March 10, 2010  Oceana County Kennel Policy and related guidelines

I will quote this TS opinion in black and add my comments in blue.

TS

It is apparent, therefore, that a county does not have the authority to adopt an ordinance pertaining only to dog kennels because counties have not been expressly granted that authority by the state.

     (I say)  I rather like that statement, but TS continues,

MCLA 287.289a provides that the board of county commissioners, by ordinance, may establish an animal control agency which shall employ at least one animal control officer. Thus, it would be possible for the county to regulate dog kennels under a much broader animal control ordinance.

(I say) I think this also needs to be  considered:

MCL 287.289a Animal control agency; establishment; employees; jurisdiction; contents of animal control ordinance.

Sec. 29a.
The board of county commissioners by ordinance may establish an animal control agency which shall employ at least 1 animal control officer. The board of county commissioners may assign the animal control agency to any existing county department. The animal control agency shall have jurisdiction to enforce this act in any city, village or township which does not have an animal control ordinance. The county's animal control ordinance shall provide for animal control programs, facilities, personnel and necessary expenses incurred in animal control. The ordinance is subject to sections 6 and 30.  (emphasis added)

 (I say) Section 6 is lengthy and pertains to individual dog licenses and when licenses become due and whether they will be one year or three year licenses.  It has nothing to do with kennel licenses.

 (I say ) Section 30 does have something to say about kennels.

287.290 Municipal animal control ordinances; certificate of vaccination.

Sec. 30.

A city, village or township by action of its governing body may adopt an animal control ordinance to regulate the licensing, payment of claims and providing for the enforcement thereof. A city, village, county or township adopting a dog licensing ordinance or ordinances shall also require that such application for a license, except kennel licenses, shall be accompanied by proof of vaccination of the dog for rabies by a valid certificate of vaccination for rabies, with a vaccine licensed by the United States department of agriculture, signed by an accredited veterinarian. (emphasis added)

(I say ) I don’t think that leaves any possibility for a county to regulate dog kennels under any ordinance.  Further AG No. 1897 supports the position that a county has no authority to promulgate rules regarding kennels. 

Then TS continues with these statements,

[C] RABIES VACCINATIONS

MCL 287.266 provides that the owner of a dog that is required to be licensed shall keep the dog currently vaccinated against rabies by an accredited veterinarian with a vaccine licensed by the United States Department of Agriculture.

It is a misdemeanor for an owner to fail to keep a dog vaccinated.

MCLA 287.270 states that proof of vaccination of dogs against rabies shall not be required with the application for a kennel license.

(I say) It seems to me that the dog law of 1919, as amended is clear that vaccinations are not required for kennel dogs.  Actually, that is why the kennel facility is to be so constructed as to not allow inadvertent contact with outside animals or people.  To protect the kennel dogs from exposure and should they become exposed to protect others from exposure.  I think it had something to do with reducing the stress on breeding animals (caused by the vaccine).  However, the Michigan Department of Agriculture has also has this statement of policy.

JENNIFER M. GRANHOLM
GOVERNOR
DON KOIVISTO
DIRECTOR

STATE OF MICHIGAN
DEPARTMENT OF AGRICULTURE LANSING
July 30, 2008

After an internal review, MDA policy and interpretation of holding times for dogs and cats at animal shelters and requirements for rabies vaccinations in kennel situations are as follows:

…edited out the part about holding times…

Rabies Vaccinations in Kennel Situations

Section 10 of The Dog Law (1919, Public Act 339, as amended) clearly states that “proof of vaccination against rabies shall not be required” meaning that dogs kept under a kennel license are not required under state law to be vaccinated against rabies. A local municipality can enact an ordinance or other mechanism requiring all dogs kept under a kennel license to be currently vaccinated against rabies by a licensed veterinarian. Note, however, that dogs kept under a kennel license pursuant to state law must remain in the kennel unless temporarily being used for hunting, breeding, trail, or show, unless temporarily out and on a leash.  (emphasis added)

  (I say) I think that makes it pretty clear.  That same statement was reissued on June 9, 2011, under Governor Snyder.  Except, I don’t recall anywhere that the department of agriculture is given the authority to state a local municipality can enact an ordinance!  I think they are overstepping their authority a little by saying that.  Is a local supposed to adopt an ordinance claiming this statement as their authority to do so?  I don’t think so.  I also think AG 1897 pretty well covers it.  Section 10 is to regulate dog kennels, the dog law of 1919, as amended, is to regulate dogs and dog kennels as it was always meant to do.  A county has no authority to promulgate rules with regard to kennels.

MCL 287.270 The county treasurer or county animal control officer shall not issue a kennel license for a new kennel under the provisions of this act unless the applicant furnishes an inspection certificate signed by the director of the department of agriculture, or his authorized representative, stating that the kennel to be covered by the license complies with the reasonable sanitary requirements of the department of agriculture, and that the dogs therein are properly fed and protected from exposure commensurate with the breed of the dog.

Shiawassee county does an annual inspection and charges a fee for it.  AG 1897 addresses that issue quite thoroughly and there is no provision in the law for an annual inspection, nor for a fee.

The form animal control people use for these kennel inspections is about as bullshit as a form can get.

Inspections are not required for renewals.

No inspection is required – ever, unless the county has duly accepted, by resolution, the provisions of Act 245 of 1945.  Shiawassee County has never done that.

Terry Shaw acknowledges that a county has no authority to regulate kennels, then turns around and suggests they contravene state law and require rabies vaccinations that are expressly not required by the state law!

go figure??