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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