SENATE BILL No. 826

 

 

November 29, 2011, Introduced by Senators COLBECK and KOWALL and referred to the Committee on Local Government and Elections.

 

 

 

     A bill to amend 1919 PA 339, entitled

 

"Dog law of 1919,"

 

by amending section 17 (MCL 287.277), as amended by 1998 PA 390.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17. (1) The county treasurer may, based on records of the

 

dogs actually licensed in each city or township of the county and

 

any report under section 16, identify and locate all unlicensed

 

dogs. If a dog is required to be licensed under this act but is

 

unlicensed, the dog is a public nuisance. The county treasurer

 

shall immediately list all unlicensed dogs identified by this

 

section and shall deliver copies of the list to the prosecuting

 

attorney of the county and to the director of the department of

 

agriculture and rural development. On receiving from the county


 

treasurer the name of any owner of an unlicensed dog, the

 

prosecuting attorney shall at once commence the necessary

 

proceedings against the owner of the dog, as required by this act.

 

     (2) The Except as provided in subsection (3) and sections 18,

 

19, and 20, the sheriff shall locate and kill, or cause to be

 

killed, all such unlicensed dogs identified by the county treasurer

 

under subsection (1) and transport or arrange for the transport of

 

unlicensed dogs to an animal control shelter or an animal

 

protection shelter as defined in section 1 of 1969 PA 287, MCL

 

287.331.

 

     (3) The sheriff may kill or cause to be killed an unlicensed

 

dog if he or she determines that the dog is a threat to public

 

safety.

 

     (4) Failure, refusal, or neglect on the part of a sheriff to

 

carry out the provisions of this section subsection (2) constitutes

 

nonfeasance in office.