SHIAWASSEE COUNTY
ANIMAL CONTROL
And
Their ‘policy’ of
ANNUAL KENNEL
INSPECTIONS
Saturday, November 29, 2008
OVERVIEW
The State of Michigan's dog law of 1919 provides that an inspection be made precedent to issueing a kennel license for a new kennel.
It also provides that kennel license fees are $10 for up to 10 dogs and $25 for more than that.
Many counties have mistakenly set the kennel license fee higher and when brought to their attention, they had to lower their kennel license fee.
They didn't like losing this revenue (not that it amounted to much), so some have decided they would do an "annual" inspection and charge a ridiculous fee for it.
This also does not comply with state law, but they haven't let that slow them down much.
It will catch up with them, eventually.
In the meantime kennel owners are subjected to this 'inspection' by an animal control officer that may barely know what a dog is and certainly has little consideration for sanitation or the possibility of carrying diseases into these kennels.
They are acting outside the law when they do these 'inspections'.
We have little choice but to suffer through or file a lawsuit.
There are other ramifications for "police officers" acting "under color of law" that would also apply.
So far, you should be able to read this blog from top to bottom and it will make sense.
It is very confusing and the law is rather convuluted, to say the least.
I am specific towards Shiawassee County, but there are other counties that are doing about the same. They just have to CONTROL people and their dogs........NO THEY DON'T! ! ! ! !
As you scroll down, be sure to check the bottom of the page for a link that says
OLDER POSTS that will take you to the next page, when you get to the end it will say NEWER POSTS.
MAYBE
Maybe I was thinking a little wrong.
I was thinking Wilson did this on his own.
Not exactly. I don’t know exactly how he came up with the idea, but he did.
That part was on his own.
Then he did get the Board of Commissioners to approve implementation, during the budget process.
That might complicate things, just a tiny bit. But, this ‘kennel inspection’ is supported by no law or ‘ordinance’, even. It is a ‘policy’ that contravenes state law. As such, it can be discontinued at any time.
The Board of Commissioners has no legal authority to approve or disapprove such.
There is no authority granted by law to do this.
I suppose the sheriff’s dept is bound to enforce county ordinances, but I’m also assuming no one is expected to enforce local ordinances that contravene state law. Well, if you do, then you are an outlaw, just like the rest of them. Violating state law to enforce county ordinances that are created without authority to do so is not an enviable position to be in. jmho
I don’t know your relationship with our prosecutor, but I suspect you will also be guilty of doing whatever he says. He is wrong on this issue. If you want to drop everything and run and ask him, he will tell you I am wrong. I would suggest you use your position to request an opinion from the current attorney general via our State Representative and/or our State Senator. They are tired of hearing from me. The law is there, the attorney general opinion is there. I have asked if that opinion is still valid. I have asked if that opinion was made obsolete (as Colbry states). They have not answered and/or they have sent requests to the Attorney General and he sees no reason to answer a question that has already been answered. As sheriff, you may have better luck. They see no reason to answer to a lonely citizen.
I was thinking Wilson did this on his own.
Not exactly. I don’t know exactly how he came up with the idea, but he did.
That part was on his own.
Then he did get the Board of Commissioners to approve implementation, during the budget process.
That might complicate things, just a tiny bit. But, this ‘kennel inspection’ is supported by no law or ‘ordinance’, even. It is a ‘policy’ that contravenes state law. As such, it can be discontinued at any time.
The Board of Commissioners has no legal authority to approve or disapprove such.
There is no authority granted by law to do this.
I suppose the sheriff’s dept is bound to enforce county ordinances, but I’m also assuming no one is expected to enforce local ordinances that contravene state law. Well, if you do, then you are an outlaw, just like the rest of them. Violating state law to enforce county ordinances that are created without authority to do so is not an enviable position to be in. jmho
I don’t know your relationship with our prosecutor, but I suspect you will also be guilty of doing whatever he says. He is wrong on this issue. If you want to drop everything and run and ask him, he will tell you I am wrong. I would suggest you use your position to request an opinion from the current attorney general via our State Representative and/or our State Senator. They are tired of hearing from me. The law is there, the attorney general opinion is there. I have asked if that opinion is still valid. I have asked if that opinion was made obsolete (as Colbry states). They have not answered and/or they have sent requests to the Attorney General and he sees no reason to answer a question that has already been answered. As sheriff, you may have better luck. They see no reason to answer to a lonely citizen.
CLEAN UP / SYNOPSIS
You think you want to clean up the Animal Control operation……
OK…That can be done, Not easily, but it can be done.
The first thing you can do is get rid of that illegal kennel inspection. That may sound self-serving since I have a kennel license, but that is the first thing you can do. You can’t do anything about individual dog licenses until next year’s budget process, by law. This kennel thing is under no authority of law and you can dump it anytime. Kennel licenses are due by June 1 and I suggest you dump this illegal ‘inspection’ business as quickly as you can, send letters to the kennel owners, veterinarians and county treasurer. The inspection fees from kennels only adds up to about $1,500 and for the animosity it generates, it is hardly worth bothering with. Wilson came up with this on his own, but he did get the board to approve it, and they did get a legal opinion from Randy Colbry telling them they had the authority to do it. Colbry is wrong. That may be a difficult thing to deal with.
Your information toolbox.
2. SYNOPSYS-attached, the rest later, should you wish to pursue
4. Shiawassee County Sherriff’s Department
5. Copy of 2005 Shiawassee County Kennel License Changes (scanned)
Copy of 2005 Shiawassee County Kennel License Changes (typed)
With note instructions to treasurer and veterinarians
6. Inspection slip AND “form”
7. Dog Law of 1919 Sec 10 Kennels
Sec 10 b Kennel licensing ordinance
9. Department of Agriculture Admin rule R 285.129.1
10. Report of the Attorney General No. 1897 January 24, 1955
12. Randy O. Colbry LEGAL OPINION (typed one page as he delivered)
13. Randy O. Colbry LEGAL OPINION (typed split up for easier reading)
15. Randy O. Colbry LEGAL OPINION (typed split up for easier reading with my response)
20. ARGUMENT kinda sums it all up
OK…That can be done, Not easily, but it can be done.
The first thing you can do is get rid of that illegal kennel inspection. That may sound self-serving since I have a kennel license, but that is the first thing you can do. You can’t do anything about individual dog licenses until next year’s budget process, by law. This kennel thing is under no authority of law and you can dump it anytime. Kennel licenses are due by June 1 and I suggest you dump this illegal ‘inspection’ business as quickly as you can, send letters to the kennel owners, veterinarians and county treasurer. The inspection fees from kennels only adds up to about $1,500 and for the animosity it generates, it is hardly worth bothering with. Wilson came up with this on his own, but he did get the board to approve it, and they did get a legal opinion from Randy Colbry telling them they had the authority to do it. Colbry is wrong. That may be a difficult thing to deal with.
Your information toolbox.
2. SYNOPSYS-attached, the rest later, should you wish to pursue
4. Shiawassee County Sherriff’s Department
5. Copy of 2005 Shiawassee County Kennel License Changes (scanned)
Copy of 2005 Shiawassee County Kennel License Changes (typed)
With note instructions to treasurer and veterinarians
6. Inspection slip AND “form”
7. Dog Law of 1919 Sec 10 Kennels
Sec 10 b Kennel licensing ordinance
9. Department of Agriculture Admin rule R 285.129.1
10. Report of the Attorney General No. 1897 January 24, 1955
12. Randy O. Colbry LEGAL OPINION (typed one page as he delivered)
13. Randy O. Colbry LEGAL OPINION (typed split up for easier reading)
15. Randy O. Colbry LEGAL OPINION (typed split up for easier reading with my response)
20. ARGUMENT kinda sums it all up
4. Copy of 2005 Shiawassee County Kennel License Changes (scanned)
5. Copy of 2005 Shiawassee County Kennel License Changes (typed)
With note instructions to treasurer and veterinarians
The treasurer was instructed to require an inspection ‘slip’ before selling a kennel license.
That is not part of the treasurer’s job description.
The veterinarians (illegally acting as agents of the treasurer) were instructed to not sell more than 4 individual dog licenses to an address and tell those people they had to get in touch with animal control to get a kennel license.
That is also not part of the treasurer’s job description. Misfeasance of office?
6. Inspection slip
The first one I saw had some crap on it about SENATE BILL No. 782 which later became the “Large Carnivore Act” and SENATE BILL No. 705 which later became the “Wolf Dog Cross Act”. But a “Senate Bill” is not a law, statute or anything else. Totally irrelevant as to a dog kennel and just BS to try to snow people into believing it was something official. I don’t know where that form came from and I don’t know where this latest one comes from, either.
Sheriff Jon Wilson did this all on his own, so far as I can tell. I have no evidence of anything else, but I did hear somewhere that the Department of Agriculture suggested this as a means to recover ‘lost’ revenue when counties discovered they were overcharging for kennel licenses and had to reduce the kennel license fee. I have nothing to substantiate that and the Dept of Agriculture does not have the authority to do that. I would assume they might deny saying that, but I think they said it. When I FOIA’d they came up with all kinds of lame excuses, said that was up to the counties ( they really didn’t know or didn’t want to admit they knew anything about it ).
Anyway, since JW did this all on his own, you can undo it all on your own. It is easy to stop, just send a letter to kennel owners, dog license sellers (the Humane Society now sells licenses- equally as illegal as the vets selling them) and the county treasurer.
I am, of course, assuming you will be elected and you fully understand that, as sheriff, you are in charge. It would be a good thing to have your department operating within the law. ( novel idea )
7. Dog Law of 1919 Sec 10 Kennels
This is the law for kennels.
Sec 10 b Kennel licensing ordinance
This states a city, township or village may adopt a kennel ordinance provided it is the same as section 10. It does not say a county may do that.
9. Department of Agriculture Admin rule R 285.129.1
Section 10 provides that the department of agriculture shall promulgate reasonable rules with respect to the inspections of new kennels and that kennels comply with reasonable sanitary requirements. This is the Admin rule that establishes those requirements.
10, Report of the Attorney General No. 1897 January 24, 1955
Section 10 contains some confusing wording that was added later.”The provisions of this act shall not be effective in the counties of this state that are operating under the provisions of section 16…etc……. Without further thought many have simply dropped the whole thing, figuring they were not subject to the Dog Law of 1919. Sorry, not true. This AG opinion address that issue.
Those counties are not subject to the act that added this amendment and only that amendment, they are still subject to the Dog Law of 1919 and Sec 10 as the kennel regulations. Nice try.
12. Randy O. Colbry LEGAL OPINION (typed one page as he delivered)
13. Randy O. Colbry LEGAL OPINION (typed split up for easier reading)
Mr. Colbry’s opinion states a section added in 1973 makes the AG Opinion of 1955 obsolete, the county is free to regulate kennels and the county does not need to consider only one year in determining the dog license fee.
Colbry is WRONG.
The section he refers to (29a) refers only to individual dog licenses and History: Add. 1972, Act 349, Imd. Eff. Jan. 9, 1973 also amended Sec 10.
If Sec 10 were to become obsolete, they would have eliminated it.
15. Randy O. Colbry LEGAL OPINION (typed split up for easier reading with my response)
My responses to this particularly stupid LEGAL OPINION are in red.
20. ARGUMENT kinda sums it all up
22a. new instructions and why
23. Complete Dog Law of 1919 Complete Through PA 300 of 2008
for your reference and it is also available online at
The Michigan Legislature website
NARRATIVE
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.
MCL vs SCAC
Sec 10 of the Dog law of 1919 says a kennel owner may purchase a kennel licenses in lieu of individual dog licenses.
I would interpret that to mean a person who owns more than 3 dogs can purchase individual dog licenses for their four or more dogs and they are not required to get a kennel license.
The Shiawassee County Animal Control Ordinance says a lot of things about kennels the county has no authority to say, but it also says:
Section 7. Any person who own, keeps or operates a kennel may,
In lieu of individual licenses required
under this ordinance and
under the laws of the State of Michigan,
apply to the Treasurer for a kennel license
intitling him/her to own, keep or operate
such kennel in accordance with the applicable laws and
the fee for same shall be in accordance with the laws of the state
or as established by the rules and regulations of licensing fees by
the Board of Commissioners.
Section 8. Any person owning a kennel shall obtain a kennel license upon commencement of kennel operations from the County Treasurer.
Sections 7 and 8 do appear to contradict each other and this could be declared void for vagueness. They also contravene state law and are null and void.
The instructions to the dog license sellers to not sell more than 4 individual dog licenses to an address and to tell those people they must contact animal control to obtain a kennel license, needs to be rescinded (this will result in more revenue).
If anything, the license sellers should inform people with more than 4 dogs that they may obtain a kennel license, in lieu of individual licenses. For a new kennel they need to contact animal control and have animal control inspect, as per Dept AG Admin Rule for reasonable sanitary requirements. The kennel license is $10 for up to 10 dogs and $25 for more than 10 dogs. They could be provided a copy of the Admin Rule.
A renewal on an existing kennel does not require an inspection.
I would interpret that to mean a person who owns more than 3 dogs can purchase individual dog licenses for their four or more dogs and they are not required to get a kennel license.
The Shiawassee County Animal Control Ordinance says a lot of things about kennels the county has no authority to say, but it also says:
Section 7. Any person who own, keeps or operates a kennel may,
In lieu of individual licenses required
under this ordinance and
under the laws of the State of Michigan,
apply to the Treasurer for a kennel license
intitling him/her to own, keep or operate
such kennel in accordance with the applicable laws and
the fee for same shall be in accordance with the laws of the state
or as established by the rules and regulations of licensing fees by
the Board of Commissioners.
Section 8. Any person owning a kennel shall obtain a kennel license upon commencement of kennel operations from the County Treasurer.
Sections 7 and 8 do appear to contradict each other and this could be declared void for vagueness. They also contravene state law and are null and void.
The instructions to the dog license sellers to not sell more than 4 individual dog licenses to an address and to tell those people they must contact animal control to obtain a kennel license, needs to be rescinded (this will result in more revenue).
If anything, the license sellers should inform people with more than 4 dogs that they may obtain a kennel license, in lieu of individual licenses. For a new kennel they need to contact animal control and have animal control inspect, as per Dept AG Admin Rule for reasonable sanitary requirements. The kennel license is $10 for up to 10 dogs and $25 for more than 10 dogs. They could be provided a copy of the Admin Rule.
A renewal on an existing kennel does not require an inspection.
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