§ 6-1-5. Certain animals declared public nuisance; abatement; animal waste; responsibility for removal of waste; prohibition of unapproved kennels.

(a)

Any animal which:

(1)

Is unclaimed by its owner after being picked up by, or delivered to the care and control of, the Animal Control Division, or a stray animal; or

(2)

Bites a person; or

(3)

Unreasonably disturbs or annoys the quiet, comfort, and repose of persons in the vicinity by loud, frequent, habitual, or repeated barking, howling or yelping; or

(4)

Defecates, digs, or urinates upon any building, lawn, plant, shrub, tree, or any other public or private property, other than the property of the owner, may be declared to be a public nuisance, and subject to capture and abatement by the Animal Control Division or by the Police Department, or by any other authorized governmental agency, in accordance with the provisions of the Michigan Dog Law of 1919, being MCL 287.261 et seq, or this chapter and the rules and regulations of the Detroit Health Department.

(b)

It shall be unlawful for any owner of any animal declared to be a public nuisance to fail to immediately take any available and reasonable measures to abate such a public nuisance upon the oral or written notification of the owner of the animal by any person authorized to enforce the provisions of this chapter.

(c)

Where any animal has defecated upon any building, lawn, plant, shrub, tree, or any other public or private property, other than the property of the owner, and the owner of the animal upon notice immediately and properly removes all feces deposited by such animal and disposes of same in a sanitary manner, the public nuisance condition shall be considered abated and not a violation of this section; provided, that it shall be lawful for a blind or disabled person with a guide or paws dog to fail to promptly and properly collect and dispose of any animal waste or excrement on any public or private property.

(d)

It shall be unlawful for any person to maintain or operate a kennel, or to construct, maintain, or use an accessory building for a kennel, within the City without the approval or a permit from the Building and Safety Engineering Department and approval by the Detroit Health Department.

(Ord. No. 04-04, § 1, 1-30-04)