Under the Michigan State Dog Law of 1919 a county has no authority to promulgate rules, regulations pertaining to kennels.
Under MCL 46.11 Powers of Boards of Commissioners the board may adopt ordinances that do not contravene state law.
Shiawassee County has violated both of those with their Animal Control Ordinance and at this moment I will specifically direct the kennel licensing part.
The Dog Law of 1919 requires an inspection of a kennel facility precedent to issuing a kennel license for a new kennel.
That would mean the first time an applicant applies for a kennel license, the kennel must be inspected previous to application.
Not even the Shiawassee County Animal Control Ordinance, but merely a new “POLICY” adopted by the sheriff, requires an annual inspection, with outrageous fee.
Nowhere in the dog law is there authority given to do this.
It was done during the budget process and the county board of commissioners approved it.
This contravenes state law.
The Dog Law of 1919 says a person who owns three or more dogs may purchase a kennel license in lieu of individual licenses.
That would mean a person could buy individual licenses or a kennel license.
The Shiawassee County Animal Control Ordinance says that and then adds a section that says a person who owns four or more dogs is required to purchase a kennel license.
They enforce the section that says “requires”. However, should that ever face a court challenge there is a good chance that could be declared “void for vagueness” without looking any further. It does contravene state law.
The animal control officer has instructed veterinarians who sell dog licenses (also illegal) and the Humane Society and the county treasurer that they are not to sell four or more individual dog licenses to an address (also illegal). They are to instruct those people that they must ‘get with animal control to obtain a kennel license’. WRONG, but that is what they do.
Animal control then tells them they must get with zoning to make sure they are properly zoned to operate a kennel. WRONG, again. (After I bitched about it and described it at a county meeting, Wilson made the animal control officer quit doing that). Animal Control is not zoning enforcement and that is another whole ball of wax.
The Dog Law of 1919 says a certificate of vaccination for rabies is not required at the time of purchasing a kennel license.
Then animal control wants to inspect rabies certificates when they inspect the kennel.
This contravenes state law.
The Dog Law of 1919 says the treasurer shall issue a kennel license.
The Shiawassee County Treasurer will not issue a kennel license without a ‘slip’ from the animal control officer. WRONG…….not in his job description to make any requirement of any kind.
He SHALL ISSUE,
Only on the very first time a person applies for a kennel license may there be an inspection required, and then only if the board of supervisors has not appointed a dog warden.
Technically, our board of supervisors has not.
From AG Opinion 1897
“ The regulations promulgated by the director of agriculture based upon the authority of said Sec. 10 with reference to kennel licenses are effective in all counties in which the board of supervisors has not appointed a county dog warden as authorized by Sec. 16 of the act.
In counties wherein a county dog warden has been appointed, the board of supervisors has the option of accepting by resolution the provisions of Sec. 10
Unless the board adopts such a resolution, inspection and certification of kennels by the director of agriculture or his authorized representative is not required as a condition to the issuance of kennel licenses. “
No matter how you cut it,
An inspection is not required in this county.
They must appoint an animal control officer. They didn’t.
They must adopt a resolution accepting the inspection requirement.
They didn’t do that either.
What they are doing contravenes state law.
The Shiawassee County Animal Control Ordinance says that the animal control officer has the right to inspect kennels.
Nowhere, no how, no way is there anything that gives anybody the RIGHT to do that.
That contravenes state law, state constitution and federal.
The county board of commissioners may not give authority they do not have to anyone.
Under MCL 46.11 Powers of Boards of Commissioners the board may adopt ordinances that do not contravene state law.
Shiawassee County has violated both of those with their Animal Control Ordinance and at this moment I will specifically direct the kennel licensing part.
The Dog Law of 1919 requires an inspection of a kennel facility precedent to issuing a kennel license for a new kennel.
That would mean the first time an applicant applies for a kennel license, the kennel must be inspected previous to application.
Not even the Shiawassee County Animal Control Ordinance, but merely a new “POLICY” adopted by the sheriff, requires an annual inspection, with outrageous fee.
Nowhere in the dog law is there authority given to do this.
It was done during the budget process and the county board of commissioners approved it.
This contravenes state law.
The Dog Law of 1919 says a person who owns three or more dogs may purchase a kennel license in lieu of individual licenses.
That would mean a person could buy individual licenses or a kennel license.
The Shiawassee County Animal Control Ordinance says that and then adds a section that says a person who owns four or more dogs is required to purchase a kennel license.
They enforce the section that says “requires”. However, should that ever face a court challenge there is a good chance that could be declared “void for vagueness” without looking any further. It does contravene state law.
The animal control officer has instructed veterinarians who sell dog licenses (also illegal) and the Humane Society and the county treasurer that they are not to sell four or more individual dog licenses to an address (also illegal). They are to instruct those people that they must ‘get with animal control to obtain a kennel license’. WRONG, but that is what they do.
Animal control then tells them they must get with zoning to make sure they are properly zoned to operate a kennel. WRONG, again. (After I bitched about it and described it at a county meeting, Wilson made the animal control officer quit doing that). Animal Control is not zoning enforcement and that is another whole ball of wax.
The Dog Law of 1919 says a certificate of vaccination for rabies is not required at the time of purchasing a kennel license.
Then animal control wants to inspect rabies certificates when they inspect the kennel.
This contravenes state law.
The Dog Law of 1919 says the treasurer shall issue a kennel license.
The Shiawassee County Treasurer will not issue a kennel license without a ‘slip’ from the animal control officer. WRONG…….not in his job description to make any requirement of any kind.
He SHALL ISSUE,
Only on the very first time a person applies for a kennel license may there be an inspection required, and then only if the board of supervisors has not appointed a dog warden.
Technically, our board of supervisors has not.
From AG Opinion 1897
“ The regulations promulgated by the director of agriculture based upon the authority of said Sec. 10 with reference to kennel licenses are effective in all counties in which the board of supervisors has not appointed a county dog warden as authorized by Sec. 16 of the act.
In counties wherein a county dog warden has been appointed, the board of supervisors has the option of accepting by resolution the provisions of Sec. 10
Unless the board adopts such a resolution, inspection and certification of kennels by the director of agriculture or his authorized representative is not required as a condition to the issuance of kennel licenses. “
No matter how you cut it,
An inspection is not required in this county.
They must appoint an animal control officer. They didn’t.
They must adopt a resolution accepting the inspection requirement.
They didn’t do that either.
What they are doing contravenes state law.
The Shiawassee County Animal Control Ordinance says that the animal control officer has the right to inspect kennels.
Nowhere, no how, no way is there anything that gives anybody the RIGHT to do that.
That contravenes state law, state constitution and federal.
The county board of commissioners may not give authority they do not have to anyone.
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