Michigan
Anti-Cruelty StatutesMICHIGAN
COMPILED LAWS
CHAPTER 750. MICHIGAN PENAL CODE
THE MICHIGAN PENAL CODE
CHAPTER IX. ANIMALS
§
750.50. Definitions; charge or custody of animal; prohibited conduct; forfeiture
of animal; violation as misdemeanor or felony; penalty; order to pay costs; order
prohibiting owning or possessing animal for certain period of time; violation
of subsection (6); revocation of probation; certain conduct not prohibited by
section. Sec.
50. (1) As used in this section and section 50b: (a)
"Adequate care" means the provision of sufficient food, water, shelter,
sanitary conditions, exercise, and veterinary medical attention in order to maintain
an animal in a state of good health.
(b)
"Animal" means 1 or more vertebrates other than a human being.
(c)
"Animal protection shelter" means a facility operated by a person, humane
society, society for the prevention of cruelty to animals, or any other nonprofit
organization for the care of homeless animals.
(d)
"Animal control shelter" means a facility operated by a county, city,
village, or township to impound and care for animals found in streets or otherwise
at large contrary to any ordinance of the county, city, village, or township or
state law.
(e)
"Licensed veterinarian" means a person licensed to practice veterinary
medicine under article 15 of the public health code, 1978 PA 368, MCL 333.16101
to 333.18838.
(f)
"Livestock" means that term as defined in the animal industry act of
1987, 1988 PA 466, MCL 287.701 to 287.747.
(g)
"Person" means an individual, partnership, limited liability company,
corporation, association, governmental entity, or other legal entity.
(h)
"Neglect" means to fail to sufficiently and properly care for an animal
to the extent that the animal's health is jeopardized.
(i)
"Sanitary conditions" means space free from health hazards including
excessive animal waste, overcrowding of animals, or other conditions that endanger
the animal's health. This definition does not include a condition resulting from
a customary and reasonable practice pursuant to farming or animal husbandry.
(j)
"Shelter" means adequate protection from the elements and weather conditions
suitable for the age, species, and physical condition of the animal so as to maintain
the animal in a state of good health. Shelter, for livestock, includes structures
or natural features such as trees or topography. Shelter for a dog shall include
1 or more of the following:
(i)
The residence of the dog's owner or other individual.
(ii) A doghouse that
is an enclosed structure with a roof and of appropriate dimensions for the breed
and size of the dog. The doghouse shall have dry bedding when the outdoor temperature
is or is predicted to drop below freezing.
(iii) A structure, including, but
not limited to, a garage, barn, or shed that is sufficiently insulated and ventilated
to protect the dog from exposure to extreme temperatures or, if not sufficiently
insulated and ventilated, contains a doghouse as provided under subparagraph (ii)
that is accessible to the dog. (k)
"State of good health" means freedom from disease and illness, and in
a condition of proper body weight and temperature for the age and species of the
animal, unless the animal is undergoing appropriate treatment.
(l)
"Tethering" means the restraint and confinement of a dog by use of a
chain, rope, or similar device.
(m)
"Water" means potable water that is suitable for the age and species
of animal, made regularly available unless otherwise directed by a veterinarian
licensed to practice veterinary medicine.
(2)
An owner, possessor, or person having the charge or custody of an animal shall
not do any of the following: - (a)
Fail to provide an animal with adequate care.
- (b)
Cruelly drive, work, or beat an animal, or cause an animal to be cruelly driven,
worked, or beaten.
- (c)
Carry or cause to be carried in or upon a vehicle or otherwise any live animal
having the feet or legs tied together, other than an animal being transported
for medical care, or a horse whose feet are hobbled to protect the horse during
transport or in any other cruel and inhumane manner.
- (d)
Carry or cause to be carried a live animal in or upon a vehicle or otherwise without
providing a secure space, rack, car, crate, or cage, in which livestock may stand,
and in which all other animals may stand, turn around, and lie down during transportation,
or while awaiting slaughter. As used in this subdivision, for purposes of transportation
of sled dogs, "stand" means sufficient vertical distance to allow the
animal to stand without its shoulders touching the top of the crate or transportation
vehicle.
- (e)
Abandon an animal or cause an animal to be abandoned, in any place, without making
provisions for the animal's adequate care, unless premises are temporarily vacated
for the protection of human life during a disaster. An animal that is lost by
an owner or custodian while traveling, walking, hiking or hunting shall not be
regarded as abandoned under this section when the owner or custodian has made
a reasonable effort to locate the animal.
- (f)
Willfully or negligently allow any animal, including one who is aged, diseased,
maimed, hopelessly sick, disabled, or nonambulatory to suffer unnecessary neglect,
torture, or pain.
- (g)
Tether a dog unless the tether is at least 3 times the length of the dog as measured
from the tip of its nose to the base of its tail and is attached to a harness
or nonchoke collar designed for tethering.
(3)
If an animal is impounded and is being held by an animal control shelter or its
designee or an animal protection shelter or its designee or a licensed veterinarian
pending the outcome of a criminal action charging a violation of this section
or section 50b, before final disposition of the criminal charge, the prosecuting
attorney may file a civil action in the court that has jurisdiction of the criminal
action, requesting that the court issue an order forfeiting the animal to the
animal control shelter or animal protection shelter or to a licensed veterinarian
before final disposition of the criminal charge. The prosecuting attorney shall
serve a true copy of the summons and complaint upon the defendant and upon a person
with a known ownership interest or known security interest in the animal or a
person who has filed a lien with the secretary of state in an animal involved
in the pending action. The forfeiture of an animal under this section encumbered
by a security interest is subject to the interest of the holder of the security
interest who did not have prior knowledge of, or consent to the commission of
the crime. Upon the filing of the civil action, the court shall set a hearing
on the complaint. The hearing shall be conducted within 14 days of the filing
of the civil action, or as soon as practicable. The hearing shall be before a
judge without a jury. At the hearing, the prosecuting attorney has the burden
of establishing by a preponderance of the evidence that a violation of this section
or section 50b occurred. If the court finds that the prosecuting attorney has
met this burden, the court shall order immediate forfeiture of the animal to the
animal control shelter or animal protection shelter or the licensed veterinarian
unless the defendant, within 72 hours of the hearing, submits to the court clerk
cash or other form of security in an amount determined by the court to be sufficient
to repay all reasonable costs incurred, and anticipated to be incurred, by the
animal control shelter or animal protection shelter or the licensed veterinarian
in caring for the animal from the date of initial impoundment to the date of trial.
If cash or other security has been submitted, and the trial in the action is continued
at a later date, any order of continuance shall require the defendant to submit
additional cash or security in an amount determined by the court to be sufficient
to repay all additional reasonable costs anticipated to be incurred by the animal
control shelter or animal protection shelter or the licensed veterinarian in caring
for the animal until the new date of trial. If the defendant submits cash or other
security to the court under this subsection the court may enter an order authorizing
the use of that money or other security before final disposition of the criminal
charges to pay the reasonable costs incurred by the animal control shelter or
animal protection shelter or the licensed veterinarian in caring for the animal
from the date of impoundment to the date of final disposition of the criminal
charges. The testimony of a person at a hearing held under this subsection is
not admissible against him or her in any criminal proceeding except in a criminal
prosecution for perjury. The testimony of a person at a hearing held under this
subsection does not waive the person's constitutional right against self-incrimination.
An animal seized under this section or section 50b is not subject to any other
civil action pending the final judgment of the forfeiture action under this subsection.
(4) A person
who violates subsection (2) is guilty of a misdemeanor punishable by imprisonment
for not more than 93 days or a fine of not more than $1,000.00 or community service
for not more than 200 hours, or any combination of these penalties and the cost
of prosecution. A person who violates subsection (2) on a second occasion is guilty
of a felony punishable by imprisonment for not more than 2 years or a fine of
not more than $2,000.00 or community service for not more than 300 hours, or any
combination of these penalties and the cost of prosecution. A person who violates
subsection (2) on a third or subsequent occasion is guilty of a felony punishable
by imprisonment for not more than 4 years or a fine of not more than $5,000.00
or community service for not more than 500 hours, or any combination of these
penalties and the cost of prosecution. (5)
If forfeiture is not ordered pursuant to subsection (3), as a part of the sentence
for a violation of subsection (2), the court may order the defendant to pay the
costs of the care, housing, and veterinary medical care for the animal, as applicable.
If the court does not order a defendant to pay all of the applicable costs listed
in this subsection, or orders only partial payment of these costs, the court shall
state on the record the reason for that action. (6)
As a part of the sentence for a violation of subsection (2), the court may, as
a condition of probation, order the defendant not to own or possess an animal
for a period of time not to exceed the period of probation. If a person is convicted
of a second or subsequent violation of subsection (2), a court order under this
subsection may order the defendant not to own or possess an animal for any period
of time which may include permanent relinquishment of animal ownership. (7)
A person who owns or possesses an animal in violation of an order issued under
subsection (6) is subject to revocation of probation if the order is issued as
a condition of probation. A person who owns or possesses an animal in violation
of an order issued under subsection (6) is also subject to the civil and criminal
contempt power of the court, and if found guilty of criminal contempt, may be
punished by imprisonment for not more than 90 days, or by a fine of not more than
$500.00, or both. (8)
This section does not prohibit the lawful killing or other use of an animal, including,
but not limited to, the following: - (a)
Fishing.
- (b)
Hunting, trapping, or wildlife control regulated pursuant to the natural resources
and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106.
- (c)
Horse racing.
- (d)
The operation of a zoological park or aquarium.
- (e)
Pest or rodent control.
- (f)
Farming or a generally accepted animal husbandry or farming practice involving
livestock.
- (g)
Activities authorized pursuant to rules promulgated under section 9 of the executive
organization act of 1965, 1965 PA 380, MCL 16.109.
- (h)
Scientific research pursuant to 1969 PA 224, MCL 287.381 to 287.395.
- (i)
Scientific research pursuant to sections 2226, 2671, 2676, and 7333 of the public
health code, 1978 PA 368, MCL 333.2226, 333.2671, 333.2676, and 333.7333.
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