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750.49. Animals; fighting, baiting, or shooting; dogs trained for fighting; application
(1) As used in this section, "animal" means a vertebrate other than a human.
(2) A person shall not knowingly do any of the following:
(a) Own, possess, use, buy, sell, offer to buy or sell, import, or export an animal for
fighting or baiting, or as a target to be shot at as a test of skill in marksmanship.
(b) Be a party to or cause the fighting, baiting, or shooting of an animal as described in
subdivision (a).
(c) Rent or otherwise obtain the use of a building, shed, room, yard, ground, or premises
for fighting, baiting, or shooting an animal as described in subdivision (a).
(d) Permit the use of a building, shed, room, yard, ground, or premises belonging to him
or her or under his or her control for any of the purposes described in this section.
(e) Organize, promote, or collect money for the fighting, baiting, or shooting of an
animal as described in subdivisions (a) to (d).
(f) Be present at a building, shed, room, yard, ground, or premises where preparations are
being made for an exhibition described in subdivisions (a) to (d), or be present at the
exhibition, knowing that an exhibition is taking place or about to take place.
(g) Breed, buy, sell, offer to buy or sell, exchange, import, or export an animal the
person knows has been trained or used for fighting as described in subdivisions (a) to
(d), or breed, buy, sell, offer to buy or sell, exchange, import, or export the offspring
of an animal the person knows has been trained or used for fighting as described in
subdivisions (a) to (d). This subdivision does not prohibit owning, breeding, buying,
selling, offering to buy or sell, exchanging, importing, or exporting an animal for
agricultural or agricultural exposition purposes.
(h) Own, possess, use, buy, sell, offer to buy or sell, transport, or deliver any device
or equipment intended for use in the fighting, baiting, or shooting of an animal as
described in subdivisions (a) to (d).
(3) A person who violates subsection (2)(a) to (e) is guilty of a felony punishable by 1
or more of the following:
(a) Imprisonment for not more than 4 years.
(b) A fine of not less than $5,000.00 or more than $50,000.00.
(c) Not less than 500 or more than 1,000 hours of community service.
(4) A person who violates subsection (2)(f) to (h) is guilty of a felony punishable by 1
or more of the following:
(a) Imprisonment for not more than 4 years.
(b) A fine of not less than $1,000.00 or more than $5,000.00.
(c) Not less than 250 or more than 500 hours of community service.
(5) The court may order a person convicted of violating this section to pay the costs of
prosecution.
(6) The court may order a person convicted of violating this section to pay the costs for
housing and caring for the animal, including, but not limited to, providing veterinary
medical treatment.
(7) As part of the sentence for a violation of subsection (2), the court shall order the
person convicted not to own or possess an animal of the same species involved in the
violation of this section for 5 years after the date of sentencing. Failure to comply with
the order of the court pursuant to this subsection is punishable as contempt of court.
(8) If a person incites an animal trained or used for fighting or an animal that is the
first or second generation offspring of an animal trained or used for fighting to attack a
person and thereby causes the death of that person, the owner is guilty of a felony and
shall be punished by imprisonment for life or by imprisonment for a maximum term of any
term of years greater than 15 years.
(9) If a person incites an animal trained or used for fighting or an animal that is the
first or second generation offspring of an animal trained or used for fighting to attack a
person, but the attack does not result in the death of the person, the owner is guilty of
a felony punishable by imprisonment for not more than 4 years or a fine of not more than
$2,000.00, or both.
(10) If an animal trained or used for fighting or an animal that is the first or second
generation offspring of an animal trained or used for fighting attacks a person without
provocation and causes the death of that person, the owner of the animal is guilty of a
felony and shall be punished by imprisonment for a maximum term of not more than 15 years.
(11) If an animal trained or used for fighting or an animal that is the first or second
generation offspring of an animal trained or used for fighting attacks a person without
provocation, but the attack does not cause the death of the person, the owner is guilty of
a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more
than $1,000.00, or both.
(12) Subsections (8) to (11) do not apply if the person attacked was committing or
attempting to commit an unlawful act on the property of the owner of the animal.
(13) If an animal trained or used for fighting or an animal that is the first or second
generation offspring of a dog trained or used for fighting goes beyond the property limits
of its owner without being securely restrained, the owner is guilty of a misdemeanor
punishable by imprisonment for not more than 90 days or a fine of not less than $50.00 nor
more than $500.00, or both.
(14) If an animal trained or used for fighting or an animal that is the first or second
generation offspring of a dog trained or used for fighting is not securely enclosed or
restrained on the owner's property, the owner is guilty of a misdemeanor punishable by
imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
(15) Subsections (8) to (14) do not apply to any of the following:
(a) A dog trained or used for fighting, or the first or second generation offspring of a
dog trained or used for fighting, that is used by a law enforcement agency of the state or
a county, city, village, or township.
(b) A certified leader dog recognized and trained by a national guide dog association for
the blind or for persons with disabilities.
(c) A corporation licensed under the private security guard act of 1968, 1968 PA 330, MCL
338.1051 to 338.1085, when a dog trained or used for fighting, or the first or second
generation offspring of a dog trained or used for fighting, is used in accordance with the
private security guard act of 1968, 1968 PA 330, MCL 338.1051 to 338.1085.
(16) An animal that has been used to fight in violation of this section or that is
involved in a violation of subsections (8) to (14) shall be confiscated as contraband by a
law enforcement officer and shall not be returned to the owner, trainer, or possessor of
the animal. The animal shall be taken to a local humane society or other animal welfare
agency. If an animal owner, trainer, or possessor is convicted under subsection (2) or
subsections (8) to (14), the court shall award the animal involved in the violation to the
local humane society or other animal welfare agency.
(17) Upon receiving an animal confiscated under this section, or at any time thereafter,
an appointed veterinarian, the humane society, or other animal welfare agency may humanely
euthanize the animal if, in the opinion of that veterinarian, humane society, or other
animal welfare agency, the animal is injured or diseased past recovery or the animal's
continued existence is inhumane so that euthanasia is necessary to relieve pain and
suffering.
(18) A humane society or other animal welfare agency that receives an animal pursuant to
this section shall apply to the district court or municipal court for a hearing to
determine whether the animal shall be humanely euthanized because of its lack of any
useful purpose and the public safety threat it poses. The court shall hold a hearing not
more than 30 days after the filing of the application and shall give notice of the hearing
to the owner of the animal. Upon a finding by the court that the animal lacks any useful
purpose and poses a threat to public safety, the humane society or other animal welfare
agency shall humanely euthanize the animal. Expenses incurred in connection with the
housing, care, upkeep, or euthanasia of the animal by a humane society or other animal
welfare agency, or by a person, firm, partnership, corporation, or other entity, shall be
assessed against the owner of the animal.
(19) Subject to subsections (16) to (18), all animals being used or to be used in
fighting, equipment, devices and money involved in a violation of subsection (2) shall be
forfeited to the state. All other instrumentalities, proceeds, and substituted proceeds of
a violation of subsection (2) are subject to forfeiture under chapter 47 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709.
(20) This section does not apply to conduct that is permitted by and is in compliance with
any of the following:
(a) Part 401 (wildlife conservation) of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.40101 to 324.40119.
(b) Part 435 (hunting and fishing licensing) of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.43501 to 324.44106.
(c) Part 427 (breeders and dealers) of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.42701 to 324.42714.
(d) Part 417 (private shooting preserves) of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.41701 to 324.41712.
(21) This section does not prohibit a person from being charged with, convicted of, or
punished for any other violation of law that is committed by that person while violating
this section.
750.50. Definitions; crimes against animals, cruel treatment, abandonment, failure to
provide adequate care; penalties, misdemeanor, payment of costs; exceptions
(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.
750.50b. Willfully and maliciously killing or injuring animals; administering poison to
animals; punishment, costs of animal care; probation, need for counseling, relinquishment
of animals; exceptions
(1) As used in this section, "animal" means any vertebrate other than a human
being.
(2) A person who willfully, maliciously and without just cause or excuse kills, tortures,
mutilates, maims, or disfigures an animal or who willfully and maliciously and without
just cause or excuse administers poison to an animal, or exposes an animal to any
poisonous substance, other than a substance that is used for therapeutic veterinary
medical purposes, with the intent that the substance be taken or swallowed by the animal,
is guilty of a felony, punishable by imprisonment for not more than 4 years, or by a fine
of not more than $5,000.00, or community service for not more than 500 hours or any
combination of these penalties.
(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 prosecution and the costs of the care, housing, and
veterinary medical care for the impacted animal victim, 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
reasons for that action.
(4) If a term of probation is ordered for a violation of subsection (2), the court may
order, as a condition of probation, that the defendant be evaluated to determine the need
for psychiatric or psychological counseling, and, if determined appropriate by the court,
to receive psychiatric or psychological counseling at his or her own expense.
(5) As a part of the sentence for a violation of subsection (2), the court may order the
defendant not to own or possess an animal for any period of time determined by the court,
which may include permanent relinquishment.
(6) A person who owns or possesses an animal in violation of an order issued under
subsection (5) 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 (5) 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.
(7) This section does not prohibit the lawful killing of livestock or a customary animal
husbandry or farming practice involving livestock. As used in this subsection,
"livestock" has the meaning attributed to the term in the animal industry act of
1987, Act No. 466 of the Public Acts of 1988, being sections 287.701 to 287.747 of the
Michigan Compiled Laws.
(8) This section does not prohibit the lawful killing of an animal pursuant to any of the
following:
(a) Fishing.
(b) Hunting, trapping, or wildlife control regulated pursuant to part 401 (wildlife
conservation) of the natural resources and environmental protection act, Act No. 451 of
the Public Acts of 1994, being sections 324.40101 to 324.40119 of the Michigan Compiled
Laws, and orders issued under that act.
(c) Pest or rodent control regulated pursuant to part 83 (pesticide control) of Act No.
451 of the Public Acts of 1994, being sections 324.8301 to 324.8336 of the Michigan
Compiled Laws.
(d) Activities authorized pursuant to rules promulgated under section 9 of the executive
organization act of 1965, Act No. 380 of the Public Acts of 1965, being section 16.109 of
the Michigan Compiled Laws.
(9) This section does not prohibit the lawful killing or use of an animal for scientific
research pursuant to any of the following or a rule promulgated pursuant to any of the
following:
(a) Act No. 224 of the Public Acts of 1969, being sections 287.381 to 287.395 of the
Michigan Compiled Laws.
(b) Sections 2226, 2671, 2676, 7109, and 7333 of the public health code, Act No. 368 of
the Public Acts of 1978, being sections 333.2226, 333.2671, 333.2676, 333.7109, and
333.7333 of the Michigan Compiled Laws.
750.50c. Animals used in law enforcement; definitions; prohibitions against killing,
causing serious physical harm, harassment; penalties
(1) As used in this section:
(a) "Dog handler" means a peace officer who has successfully completed training in the handling of a police dog pursuant to a policy of the law enforcement agency that employs that peace officer.
(b) "Physical harm" means any injury to a dog's or horse's physical condition.
(c) "Police dog" means a dog used by a law enforcement agency of this state or of a local unit of government of this state that is trained for law enforcement work and subject to the control of a dog handler.
(d) "Police horse" means a horse used by a law enforcement agency of this state or of a local unit of government of this state for law enforcement work.
(e) "Serious physical harm" means any injury to a dog's or horse's physical condition or welfare that is not necessarily permanent but that constitutes substantial body disfigurement, or that seriously impairs the function of a body organ or limb.
(2) A person shall not intentionally kill or cause serious physical harm to a police dog or police horse.
(3) A person shall not intentionally cause physical harm to a police dog or police horse.
(4) A person shall not intentionally harass or interfere with a police dog or police horse lawfully performing its duties.
(5) A person who violates subsection (2) is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00, or both.
(6) Except as provided in subsection (7), a person who violates subsection (3) or (4) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both.
(7) A person who violates subsection (3) or (4) while committing a crime is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.
(8) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law committed by that individual while violating this section.
750.51. Confining animals on railroad cars
No railroad company, in the carrying or transportation of animals, shall permit the same
to be confined in cars for a longer period than 36 consecutive hours without unloading the
same for rest, water, and feeding, for a period of at least 5 consecutive hours, unless
prevented from so unloading by storm, or other accidental causes. In estimating such
confinement, the time during which the animals have been confined without rest, on
connecting roads from which they are received shall be included, it being the intention to
prevent their continuous confinement beyond the period of 36 hours, except on
contingencies hereinbefore stated. Animals so unloaded shall be properly fed, watered, and
sheltered during such rest, by the owner or person having the custody thereof, or, in case
of his default in so doing, then the railroad company transporting the same, at the
expense of said owner or person in custody thereof; and said company shall in such case
have a lien upon such animals for food, care and custody furnished, and shall not be
liable for any detention of such animals.
Any company, owner or custodian of such animals, who shall fail to comply with the provisions of this section, shall, for each and every such offense, be liable for, and forfeit, and pay a penalty of not less than 100 dollars nor more than 500 dollars: Provided, however, That when animals shall be carried in cars in which they can and do have proper food, water, space and opportunity for rest, the foregoing provisions in regard to their being unloaded shall not apply.
750.52. Duty of public officers
It shall also be the duty of all sheriffs, deputy sheriffs, constables, policemen and
public officers, to arrest and prosecute all persons of whose violation of the provisions
of the preceding sections of this chapter they may have knowledge or reasonable notice,
and for each neglect of such duty, the officer so offending shall be deemed guilty of a
misdemeanor.
750.53. Arrest of persons and seizure of animals
Persons found violating any of the provisions of the preceding sections of this chapter
may be arrested and held without warrant, in like manner as in the case of persons found
breaking the peace, and it shall be the duty of the person making the arrest to seize all
animals and fowls found in the keeping or custody of the person arrested, and which are
then being used, or held for use in violation of any of the provisions of the preceding
sections of this chapter, and the person making such seizure shall cause such animals or
fowls to be at once delivered to a poundmaster of the city, village or township in which
the same may be, and it shall be the duty of such poundmaster to receive such animals or
fowls, and to hold the same and proceed in regard to them in all respects as provided by
law in other cases of animals impounded.
750.54. Search warrants
When complaint is made, on oath or affirmation, to any magistrate authorized to issue
warrants in criminal cases, that the complainant believes that any of the provisions of
the preceding sections of this chapter are being, or are about to be violated in any
particular building or place, such magistrate, if satisfied that there is reasonable cause
for such belief, shall issue and deliver a search warrant to any sheriff, deputy sheriff,
constable or public officer, authorizing him to search such building or place and to
arrest any person or persons engaged in violating any of the provisions of the preceding
sections of this chapter, as well as any person or persons there present, and aiding or
abetting therein, and to bring such person or persons before some magistrate of competent
jurisdiction, to be dealt with according to law. Such officer shall, at the same time,
seize and bring to said magistrate every article or instrument found in said building or
place especially designed or adapted to torture or inflict wounds upon any animal or to
aid in the fighting or baiting of any animal; and unless within 10 days after the trial of
the person or persons so arrested, the owner of said article or instrument shall show, to
the satisfaction of said magistrate, that the same is not designed or adapted to the
wounding or torture of animals, or if so designed or adapted, is not intended to be used
or employed for such purpose, the magistrate shall destroy such article or instrument.
750.55. Incorporated society, representative deputy sheriff
Any society incorporated in this state for the purpose of preventing cruelty to animals
may designate 1 or more persons in each county of the state to discover and prosecute all
cases of the violation of the provisions of this chapter; and the sheriff of such county
may appoint each person so designated a deputy sheriff, provided such person shall be of
good moral character, and each person so appointed by the sheriff shall possess all the
powers of a sheriff of the county in enforcement of the provisions of this chapter. The
sheriff shall not be responsible for any of the acts of such person or persons, but the
society, if incorporated, and if not, then the officers and members of the society, on the
request of which such person was appointed, shall be liable in the degree of a principal
for the acts of an agent.
750.56. Definitions
In the preceding sections of this chapter the word "animal" or
"animals" shall be held to include all brute creatures, and the words
"owner", "person", and "whoever" shall be held to include
corporations as well as individuals, and the knowledge and acts of agents of any persons
employed by corporations in regard to animals transported, owned, or employed by, or in
the custody of such corporations, shall be held to be the acts and knowledge of such
corporations.
750.57. Burial of dead animals
Any person or persons who shall put any dead animal or part of the carcass of any dead
animal, into any lake, river, creek, pond, road, street, alley, lane, lot, field, meadow
or common, or in any place within 1 mile of the residence of any person or persons, except
the same and every part thereof be buried at least 4 feet under ground, and the owner or
owners thereof who shall knowingly permit the same to remain in any of the aforesaid
places, to the injury of the health, or to the annoyance of the citizens of this state, or
any of them, shall be guilty of a misdemeanor; and every 24 hours said owner may permit
the same to remain after such conviction, shall be deemed an additional offense against
the provisions of this section, a misdemeanor, punishable by a fine of not less than 50
dollars nor more than 100 dollars, or by imprisonment of not less than 30 days nor more
than 90 days.
750.58. Horses, unhitching and driving away
Any person who shall wilfully and maliciously or wantonly, and without authority unhitch
any horse or team belonging to another, and lawfully hitched or standing in any street,
alley or other place, or who in like manner shall ride or drive such horse or team away
shall be guilty of a misdemeanor.
750.59. Animals unfit for work, disposition and use
Any person who shall offer for sale or sell or trade any horse or mule which by reason of
debility, disease, lameness, injury or for any other cause is permanently unfit for work,
except to a person or corporation operating a horse hospital, animal retreat farm or other
institution or place designed or maintained for the humane keeping, treatment or killing
of horses, mules or other live stock, shall be guilty of a misdemeanor.
Any person who shall lead, drive or ride any horse or mule, which by reason of debility, disease, lameness or injury, or for other cause is permanently unfit for work, on any public way for any purpose, except that of conveying such animal to a proper place for its humane keeping, or killing or for medical or surgical treatment shall be guilty of a misdemeanor.
750.60. Horses' tails, docking
Any person who shall cut the bone of the tail of any horse for the purpose of docking the
tail, or any person who shall cause or knowingly permit it to be done upon the premises of
which he is the owner, lessee, proprietor or user, or any person who shall assist in or be
present at such cutting, shall be guilty of a misdemeanor, punishable by imprisonment in
the county jail of not more than 1 year or by a fine of not more than 500 dollars:
Provided, That such cutting of the bone of the tail of any horse for the purpose of
docking the tail shall be lawful when a certificate of a regularly qualified veterinary
surgeon shall first be obtained certifying that such cutting is necessary for the health
or safety of such horse.
If a horse shall be found with its tail so cut and with the wound resulting from such cutting unhealed, upon the premises of any person, such facts shall be prima facie evidence that the person occupying or using the premises on which such horse is so found has committed the offense described in this section.
If a horse shall be found with its tail so cut and with the wound resulting therefrom unhealed, in the charge or custody of any person, such fact shall be prima facie evidence that the person having the charge or custody of such horse has committed the offense charged in this section.
750.61. Docked horses; unregistered, bringing into state
It shall be unlawful for any person or persons to import or bring into this state any
docked horse or horses, or to drive, work, use, race or deal in any docked horse or horses
within this state, unless the same shall be registered as provided for in the succeeding
section of this chapter.
750.62. Registration of docked horses
Within 90 days after this act shall take effect, every owner or user of any docked horse
within this state shall register such docked horse or horses by filing in the office of
the county clerk of the county in which such docked horse or horses may be kept, a
certificate which shall contain the name or names of the owner or owners, together with
his or their post office address, together with a full description of the color, age, size
and the use made of such docked horse or horses, which certificate shall be signed by the
owner or the owners, or his or their agent. The county clerk shall number such
certificates consecutively and shall record the same in a book kept for that purpose, and
shall receive as a fee for the recording of such certificate the sum of 50 cents:
Provided, This section shall not apply to or make necessary the re-registration of docked
horses which have been registered pursuant to Act No. 45 of the Public Acts of 1901, as
amended, being sections 17080 to 17086 inclusive of the Compiled Laws of 1929.
750.63. Unlawful docking; evidence
The driving, working, keeping, racing or using of any unregistered docked horse or horses
subsequent to 90 days after this act shall take effect shall be deemed prima facie
evidence of the fact that the party driving, working, keeping, racing or using such
unregistered docked horse or horses, unlawfully docked the tail of such horse or horses.
750.64. Failure to register docked horses
Any person or persons violating any of the provisions of this chapter by failing to
register any docked horse or horses, as herein provided, shall be guilty of a misdemeanor,
punishable by imprisonment in the county jail not more than 6 months or by a fine of not
more than 250 dollars.
750.69. Rescuing animals
Any person who shall rescue any cattle, horse, mule, sheep, swine or goat when impounded,
or while being driven or taken to the pound or other place of custody by any officer or
person in charge of such animals, or while such animals are shut up by and in the custody
of any person for trespassing upon premises, or for running at large contrary to law,
shall be guilty of a misdemeanor.
750.70. Unlawfully impounding animals
Any person who shall take any animal mentioned in the next preceding section not running
at large contrary to law from the stable, pasture, or any enclosure or other place where
such animals are lawfully and rightfully kept, or may be, and any person who shall drive,
or let them out, or untie, or unloose the same, or shall knowingly seize or take the same
from the custody of any person driving or taking the same on the public highway or streets
to or from a pasture or to or from any other place where the same may be lawfully taken or
driven, for the purpose of impounding such animals contrary to law, shall be guilty of a
misdemeanor.
Amended in 1998.
Reviewed by AAHS in September 2001.
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