Teri Morton 2018 Memo To County Commissioners

TO: Ingham County Board of Commissioners
FROM: Teri Morton, Deputy Controller

DATE: August 27, 2018
SUBJECT: History of Animal Control Ordinance Amendments Since 2006
Following discussion at the August 16, 2018 Law and Courts Committee meeting, it has been requested that a
written narrative of amendments to the Animal Control Ordinance since 2006 be compiled and distributed.
Amendments Re: Supervisory Authority and Termination of Animal Control Director
In 2006, Resolution 06-214 (attachment #1) amended the Ingham County Animal Control Ordinance to transfer
supervisory responsibility over the Animal Control Director to the County Controller/Administrator. This
amended Ordinance took effect upon publication of notice of its adoption in a newspaper of general circulation
in the County. This amendment has been in effect since September 1, 2006. The Board of Commissioners has
authority to hire and terminate, while the day to day supervision and direct reporting authority belongs to the
Controller/Administrator.
In 2013, the Board of Commissioners adopted Resolution 13-388 (attachment #2), which amended the Animal
Control ordinance to transfer the authority to terminate the Animal Control Director to the
Controller/Administrator, while the Board retained the authority to appoint. As noted above, the supervisory
authority had already been transferred to the Controller/Administrator in 2006.
The Ordinance does not take effect until the notice of its adoption is published in a newspaper of general
circulation in the County. It was learned on July 24, 2018 that the notice of adoption for this ordinance was not
published, and therefore, the amendment to the ordinance had never gone into effect.
The Board of Commissioners has directed that the resolution be brought back before the committee process for
consideration.
There appear to be three different options as the Board reconsiders this issue:
Option #1 – The Controller/Administrator maintains supervisory authority and termination authority is

transferred from the Board of Commissioners to the Controller/Administrator. The Board of Commissioners
maintains authority to hire.
As it was only recently discovered that the notice of adoption of this 2013 ordinance amendment had not been
published, Ingham County has been operating with this understanding since 2013.
Action Required – Adopt a resolution similar to R13-388, which would amend Article III, sections 1 and 7 of
the Animal Control Ordinance.
Article III, section 1, currently reads as follows: “An Animal Control Officer shall be appointed by the Board of
Commissioners and shall serve as Director of the Animal Control Department. Said person shall serve at the
pleasure of the Board of Commissioners. The County Controller/Administrator shall have day-to-day
supervisory responsibility over the Animal Control Director. “
Article III, section 7, currently reads as follows: “The Animal Control Officer shall serve at the pleasure of the
Board of Commissioners and may be removed from office by a majority vote of the Board of Commissioners.“
Option #2 – The Controller/Administrator maintains supervisory authority. The Board of Commissioners
maintains authority to hire and terminate.
Action Required – No action would be required by the Board of Commissioners to maintain the current
authorization of the 2006 amendment to the Animal Control Ordinance.
Option #3 –The Board of Commissioners maintains authority to hire and terminate. Supervisory authority is
transferred from the Controller/Administrator to the Board of Commissioners.
Action Required – Adopt a resolution to amend Article III, section 1 of the Animal Control Ordinance.
Two Additional Amendments that Did Not Take Effect:
In addition to the 2013 Amendment discussed above, there were two additional Amendments to the Ordinance
that did not officially go into effect because notice of adoption was not published for each Amendment,
although the County has been operating as if the Amendments had taken effect. They are:
1. Resolution 09-345, adopted Oct. 13, 2009 re: keeping chickens, amending Article VIII. (Attachment #3).
2. Resolution 10-067, adopted Feb. 23, 2010, re: barking dogs, amending Art. IX. (Attachment #4)
It is the recommendation of the Controller’s Office that once the Board decides what, if any, change should be
made regarding the Animal Control hiring/reporting/termination sections of the ordinance, a resolution be
drafted to make such change, and also directing the publication of the ordinance amendments authorized by
Resolutions 09-345 and 10-067.
One Additional Amendment Became Effective:
Resolution 16-312, adopted June 28, 2016, re: deleting the deputization requirement for Animal Control
Officers, amending Art. III (Attachment #5), took effect on July 16, 2016, upon publication of notice of its
adoption.
After all Amendments have been formally adopted and notice of adoption published for each Amendment, an
updated copy of the ordinance incorporating all Amendments should be printed and made available on the
County’s website.
The Controller’s Office will await direction from the Board on bringing this issue before the Law and Courts
and County Services Committees.
Please let me know if you have any questions or if you would like any additional information.
ATTACHMENT #1
ADOPTED - JULY 25, 2006

Agenda Item No. 49
Introduced by the Law Enforcement and County Services Committees of the:
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION TO ADOPT AN ORDINANCE AMENDING THE INGHAM COUNTY ANIMAL

CONTROL ORDINANCE TO TRANSFER SUPERVISORY RESPONSIBILITY OVER THE ANIMAL
CONTROL DIRECTOR TO THE COUNTY CONTROLLER/ADMINISTRATOR
RESOLUTION #06-214
WHEREAS, the Ingham County Animal Control Ordinance was adopted by the Board of Commissioners on
September 18, 1972, and has subsequently been amended; and
WHEREAS, under the Ordinance, as amended, an Ingham County Animal Control Officer is appointed by the
Board of Commissioners to serve as the Director of the Animal Control Department, and serves at the pleasure
of the Board of Commissioners; and
WHEREAS, for reasons of efficiency and effectiveness, the Board of Commissioners desires to transfer
supervisory responsibilities over the Animal Control Director to the County Controller/Administrator.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners shall adopt the Ordinance
amending the Ingham County Animal Control Ordinance, attached and incorporated by reference as Exhibit 1 to
this Resolution.
BE IT FURTHER RESOLVED, that an updated version of the Ingham County Animal Control Ordinance, as
amended, will be compiled and published in hard copy and on the County=s internet website.
BE IT FURTHER RESOLVED, that the amended Ordinance shall take effect when notice of its adoption is
published in a newspaper of general circulation in the County.
LAW ENFORCEMENT: Yeas: Nolan, Copedge, De Leon, Schafer, Vickers

Nays: None Absent: Thomas Approved 7/13/06
COUNTY SERVICES: Yeas: Schor, De Leon, Holman, Copedge, Severino,Vickers

Nays: None Absent: None Approved 7/18/06
ORDINANCE AMENDING THE INGHAM COUNTY ANIMAL CONTROL ORDINANCE TO

TRANSFER SUPERVISORY RESPONSIBILITY OVER THE ANIMAL CONTROL DIRECTOR TO
THE CONTROLLER/ADMINISTRATOR
ORDINANCE NO._____
An Ordinance to amend the Ingham County Animal Control Ordinance to transfer supervisory responsibility
over the Animal Control Director from the County Board of Commissioners to the Controller/Administrator.
THE PEOPLE OF THE COUNTY OF INGHAM, MICHIGAN, DO ORDAIN:
Section 1. Purpose and Authority. Deeming it advisable in the interest of the citizens of Ingham
County, as authorized by Act 339 of 1919, as amended, being Section 287.261 et seq., of the Michigan
Complied Laws, the County of Ingham, Michigan, adopts this Ordinance amending the Ingham County Animal
Control Ordinance.
Section 2. Amendment. Article III, Section 1 of the Ingham County Animal Control Ordinance is
amended by the addition of new text (in bold), to read as follows:
Section 1. An Animal Control Officer shall be appointed by the Board of Commissioners and shall serve as
Director of the Animal Control Department. Said person shall serve at the pleasure of the Board of
Commissioners. The County Controller/Administrator shall have day-to-day supervisory responsibility
over the Animal Control Director.
Section 3. Repeal. All ordinances or parts of ordinances inconsistent herewith are hereby repealed
Section 4. Savings Clause. This Ordinance does not affect rights and duties matured, penalties that
were incurred, and proceedings that were begun, before its effective date.
Section 5. Effective Date. This Ordinance Amending the Ingham County Animal Control Ordinance
shall take effect when notice of its adoption is published in a newspaper of general circulation in the County.
I, Mike Bryanton, Ingham County Clerk, certify that this Ordinance was adopted by the Ingham County
Board of Commissioners and published in a newspaper of general circulation in the County on
_____________________________.
___________________________________
Mike Bryanton, Ingham County Clerk
Ingham County Board of Commissioners
_______________________________
Victor G. Celentino, Chairperson
ATTACHMENT #2
ADOPTED - SEPTEMBER 24, 2013

Agenda Item No. 31
Introduced by the Law & Courts Committee of the:
RESOLUTION TO ADOPT AN ORDINANCE AMENDING THE INGHAM COUNTY

ANIMAL CONTROL ORDINANCE TO TRANSFER THE SUPERVISORY AUTHORITY
OVER THE ANIMAL CONTROL DIRECTOR TO THE COUNTY
CONTROLLER/ADMINISTRATOR
RESOLUTION # 13 - 388
WHEREAS, under the Ordinance, as amended, an Ingham County Animal Control Officer is appointed by the
Board of Commissioners to serve as the Director of the Animal Control Department, and serves at the pleasure
of the Board of Commissioners; and
WHEREAS, for reasons of efficiency and effectiveness, the Board of Commissioners desires to transfer authority
to supervise and terminate the Animal Control Director to the County Controller/Administrator.
amending the Ingham County Animal Control Ordinance, attached and incorporated by reference as Exhibit 1 to
this Resolution.
amended, will be compiled and published in hard copy and on the County’s website.
LAW & COURTS: Yeas: Holman, Bahar-Cook, Hope, Crenshaw, Schafer

Nays: None Absent: Celentino, Tsernoglou Approved 9/12/13

AUTHORIZE THE COUNTY CONTROLLER/ADMINISTRATOR TO SUPERVISEAND
TERMINATE THE ANIMAL CONTROL DIRECTOR
ORDINANCE NO._____
An Ordinance to amend the Ingham County Animal Control Ordinance to authorize the County
Controller/Administrator to supervise and terminate the Director of the Animal Control Department.
Section 1. Purpose and Authority. Deeming it advisable in the interest of the citizens of Ingham County,
as authorized by Act 339 of 1919, as amended, being Section 287.261 et seq., of the Michigan Complied Laws,
the County of Ingham, Michigan, adopts this Ordinance amending the Ingham County Animal Control Ordinance.
Section 2. Amendment. Article III of the Ingham County Animal Control Ordinance, entitled Animal
Control Officer, Duties, Authority and Responsibilities, Section 1, is amended to read as follows:
An Animal Control Officer shall be appointed by the County Board of Commissioners to serve as Director
of the Animal Control Department. The Animal Control Director shall be under the supervision of the
County Controller/Administrator, and shall be subject to termination by the County
Controller/Administrator.
Section 4. Savings Clause. This Ordinance does not affect rights and duties matured, penalties that were
incurred, and proceedings that were begun, before its effective date.
I, Barb Byrum, Ingham County Clerk, certify that this Ordinance was adopted by the Ingham County
______________________, 2013.
___________________________________
Barb Byrum, Ingham County Clerk
_______________________________
Debra Nolan, Chairperson
ATTACHMENT #3
ADOPTED - OCTOBER 13, 2009

Agenda Item No. 37
Introduced by the Law Enforcement and Finance Committees of the:

CONTROL ORDINANCE TO PERMIT KEEPING CHICKENS IN NON-AGRICULTURAL AREAS
RESOLUTION #09-345
WHEREAS, under the Ordinance, as amended, livestock and poultry are generally prohibited from non-
agricultural areas within the County; and
WHEREAS, some local jurisdictions permit the keeping of a limited number of chickens on residential land in
urban areas.
Amending the Ingham County Animal Control Ordinance, attached and incorporated by reference as Exhibit 1 to
this Resolution, expressly permitting the keeping of up to five hens on one- or two-family residential properties,
under certain conditions, unless otherwise prohibited or regulated by local ordinances or private land use
restrictions.
amended, will be compiled and published in hard copy and on the County’s internet website.
LAW ENFORCEMENT: Yeas: Schor, Holman, Celentino, Copedge, Bupp, Schafer

FINANCE: Yeas: Grebner, Nolan, Bahar-Cook, Dougan

Nays: None Absent: Davis, Tennis Approved 10/7/09

PERMIT KEEPING CHICKENS IN NON-AGRICULTURAL AREAS
ORDINANCE NO. 09-01
An Ordinance to amend the Ingham County Animal Control Ordinance to permit the keeping of chickens in non-
agricultural areas of the County.
Section 2. Amendment. Article VIII of the Ingham County Animal Control Ordinance, entitled
Prohibition of Livestock or Poultry in Non-Agricultural Areas, is amended to read as follows:
(a) No livestock or poultry shall be owned, kept, possessed, harbored or kept charge of within
the boundaries or any non-agricultural area within Ingham County except as such places
are provided for shipping said livestock or poultry.
(b) Notwithstanding paragraph (a), and unless expressly prohibited or regulated by a city,
village or township ordinance, or private property restriction, chickens may be owned,
kept, possessed, harbored, and kept charge of within the boundaries of any non-agricultural
area within Ingham County, under the following conditions:
(i) No more than five (5) hens may be kept on any one- or two-family residential
property, and no roosters shall be allowed;
(ii) Chickens must be kept in an enclosure so constructed or repaired as to keep the

chickens confined on the owner’s property, and to prevent rats, mice, or other
rodents from being harbored underneath, within, or within the walls of the
enclosure;
(iii) A covered enclosure or fenced enclosure shall not be located closer than 10 feet
from the property line of any adjacent property, nor closer than 40 feet from any
residential structure on an adjacent property, unless the adjacent property owner
consents in writing;
(iv) All feed and other items associated with the keeping of chickens that are likely to
attract or to become infested with or infected by rats, mice, or other rodents, shall
be protected so as to prevent rats, mice, or other rodents from gaining access to or
coming into contract with them.
(v) No person shall slaughter any chickens.
_____________________________.
___________________________________
_______________________________
Debbie De Leon, Chairperson
ATTACHMENT #4
FEBRUARY 23, 2010

Agenda Item No. 38
Introduced by the Law Enforcement and Finance Committees of the:

CONTROL ORDINANCE TO DELETE THE PROVISION PROHIBITING BARKING DOGS
RESOLUTION #10-067
WHEREAS, Article IX, Section 1(f) of the Ingham County Animal Control Ordinance, as amended, currently
states:
“Section 1. The owner of any dog shall be deemed in violation of this Ordinance and subject to the
penalties set forth in Article X if:
***
(f) The owner’s dog which, by loud and frequent barking, howling or yelping, is a nuisance in the
neighborhood in which said dog is kept, possessed or harbored;”
***
WHEREAS, Article IX, Section 1(f) of the Ingham County Animal Control Ordinance is an unnecessary
provision in the ordinance, as local law enforcement agencies already address noise and nuisance complaints; and
WHEREAS, Ingham County Animal Control, which responds to an average of 8,000 complaints annually, is
unable to address barking dog complaints due to limited resources; and
WHEREAS, Ingham County Animal Control prioritizes complaints based on imminent danger to citizens and
animals to ensure public safety; and
WHEREAS, the Ingham County Animal Control is unable to respond to low priority complaints due to call
volume.
Amending the Ingham County Animal Control Ordinance, attached and incorporated by reference as Exhibit 1 to
this Resolution, to delete the provision in Article IX, Section 1(f) in its entirety, and to renumber Section 1(g) as
a new Section 1(f).
FEBRUARY 23, 2010
Agenda Item No. 38
RESOLUTION #10-067
LAW ENFORCEMENT: Yeas: Holman, Koenig, Copedge, Celentino, Bupp, Schafer

FINANCE: Yeas: Grebner, Tennis, Bahar-Cook, Schor, Holman, Dougan


DELETE THE PROVISION PROHIBITING BARKING DOGS
ORDINANCE NO. 2010-1
An Ordinance to amend the Ingham County Animal Control Ordinance to delete the provision prohibiting barking
dogs.
Section 2. Amendment. Article IX of the Ingham County Animal Control Ordinance, entitled
Enumeration of Certain Violations and Procedure Therefor, is amended by the deletion of Article IX, Section 1(f)
prohibiting barking dogs, and the renumbering of Section 1(g) as a new Section 1(f), such that Article IX, Section
1 shall read as follows:
Section 1. The owner of any dog shall be deemed in violation of this Ordinance and subject to the
penalties set forth in Article X if:
(a) The owner’s dog, regardless of age, licensed or unlicensed, wearing a collar or not wearing a
collar, runs at large, provided, however, that a dog engaged in hunting need not be leashed when
under the reasonable control of its owner;
(b) The owner’s dog, regardless of age, and whether, licensed or unlicensed, wearing a collar or
not wearing a collar, except a leader dog for a blind person, a hearing impaired dog for a deaf or
audibly impaired person, or a service dog for a physically limited person which is accompanied by
its owner, to be within the confines of any public park when such park, by appropriate designation
at its entrance, prohibits dogs;
(c) The owner’s dog, at any time, whether licensed or unlicensed, destroys property, real or
personal, or trespasses in a damaging way on property of persons other than the owner;
(d) The owner’s dog or other animal at any time, licensed or unlicensed, attacks or bites a person;
(e) The owner’s dog shows vicious habits and molests passers-by when such persons are lawfully
on the public highway or right-of-way;
(f) Any livestock or poultry to run at large unaccompanied by its owner upon the premises of
another or upon any public street, lane, alley or other public ground in the county unless otherwise
specifically allowed.
_____________________________.
___________________________________
_______________________________
Debbie De Leon, Chairperson
ATTACHMENT #5
ADOPTED - JUNE 28, 2016

AGENDA ITEM NO. 40
Introduced by the Law & Courts Committee of the:

CONTROL ORDINANCE TO DELETE THE PROVISION REQUIRING DEPUTIZATION OF THE
ANIMAL CONTROL OFFICER AS A POLICE OFFICER
RESOLUTION # 16 – 312
WHEREAS, under Art. III, Sec. 3(b) of the Ordinance, as amended, the Animal Control Officer is required to
be deputized as a police officer; and
WHEREAS, the Sheriff has declined to deputize Animal Control Officers; and
WHEREAS, the Animal Control Officer, and his deputies and assistants, are authorized by MCL 287.289a,
MCL 287.289b, and other statutes and laws to enforce State laws regarding animals and the Ingham County
Animal Control Ordinance, with no statutory requirement that they be deputized as police officers.
Amending the Ingham County Animal Control Ordinance, attached and incorporated by reference as Exhibit 1
to this Resolution, amending Art. III, Sec. 3(b) of the Animal Control Ordinance, as follows:
Section 3. The Animal Control Officer shall fulfill the following duties:
***
(b) The Animal Control Officer shall be legally authorized to have the power and it shall be his
duty to issue appearance tickets, citations or summonses to those persons owning, keeping or
harboring dogs contrary to the provisions of this Ordinance.
LAW & COURTS: Yeas: Crenshaw, Celentino, Anthony, Banas, Maiville

Nays: None Absent: Tsernoglou, Schafer Approved 6/16/2016

DELETE THE PROVISION REQUIRING DEPUTIZATION
OF THE ANIMAL CONTROL OFFICER AS A POLICE OFFICER
ORDINANCE NO._____
An Ordinance to amend the Ingham County Animal Control Ordinance to delete the provision requiring the
deputization of the Animal Control Officer as a police officer.
Section 2. Amendment. Article III of the Ingham County Animal Control Ordinance, entitled Animal
Control Officer Duties, Authority and Responsibilities, is amended by the revision of Article III, Section 3(b) that
previously required deputization of the Animal Control Officer as a peace or police officer, such that Article III,
Section 3(b) shall read as follows:
Section 3. The Animal Control Officer shall fulfill the following duties:
***
(b) The Animal Control Officer shall be legally authorized to have the power and it shall be his
duty to issue appearance tickets, citations or summonses to those persons owning, keeping or
harboring dogs contrary to the provisions of this Ordinance.
I, Barb Byrum, Ingham County Clerk, certify that this Ordinance was adopted by the Ingham County
_____________________, 2016.
___________________________________
Barb Byrum, Ingham County Clerk
_______________________________
Kara Hope, Chairperson

Teri Morton 2018 Memo To County Commissioners

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Teri Morton 2018 Memo To County Commissioners

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TO: Ingham County Board of Commissioners

FROM: Teri Morton, Deputy Controller

Amendments Re: Supervisory Authority and Termination of Animal Control Director

Option #1 – The Controller/Administrator maintains supervisory authority and termination authority is

Two Additional Amendments that Did Not Take Effect:

One Additional Amendment Became Effective:

ADOPTED - JULY 25, 2006

Introduced by the Law Enforcement and County Services Committees of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION TO ADOPT AN ORDINANCE AMENDING THE INGHAM COUNTY ANIMAL

LAW ENFORCEMENT: Yeas: Nolan, Copedge, De Leon, Schafer, Vickers

COUNTY SERVICES: Yeas: Schor, De Leon, Holman, Copedge, Severino,Vickers

ORDINANCE AMENDING THE INGHAM COUNTY ANIMAL CONTROL ORDINANCE TO

THE PEOPLE OF THE COUNTY OF INGHAM, MICHIGAN, DO ORDAIN:

Ingham County Board of Commissioners

ADOPTED - SEPTEMBER 24, 2013

Introduced by the Law & Courts Committee of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION TO ADOPT AN ORDINANCE AMENDING THE INGHAM COUNTY

LAW & COURTS: Yeas: Holman, Bahar-Cook, Hope, Crenshaw, Schafer

ORDINANCE AMENDING THE INGHAM COUNTY ANIMAL CONTROL ORDINANCE TO

THE PEOPLE OF THE COUNTY OF INGHAM, MICHIGAN, DO ORDAIN:

ADOPTED - OCTOBER 13, 2009

Introduced by the Law Enforcement and Finance Committees of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION TO ADOPT AN ORDINANCE AMENDING THE INGHAM COUNTY ANIMAL

LAW ENFORCEMENT: Yeas: Schor, Holman, Celentino, Copedge, Bupp, Schafer

FINANCE: Yeas: Grebner, Nolan, Bahar-Cook, Dougan

ORDINANCE AMENDING THE INGHAM COUNTY ANIMAL CONTROL ORDINANCE TO

ORDINANCE NO. 09-01

THE PEOPLE OF THE COUNTY OF INGHAM, MICHIGAN, DO ORDAIN:

(ii) Chickens must be kept in an enclosure so constructed or repaired as to keep the

(v) No person shall slaughter any chickens.

Ingham County Board of Commissioners

FEBRUARY 23, 2010

Introduced by the Law Enforcement and Finance Committees of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION TO ADOPT AN ORDINANCE AMENDING THE INGHAM COUNTY ANIMAL

LAW ENFORCEMENT: Yeas: Holman, Koenig, Copedge, Celentino, Bupp, Schafer

FINANCE: Yeas: Grebner, Tennis, Bahar-Cook, Schor, Holman, Dougan

ORDINANCE AMENDING THE INGHAM COUNTY ANIMAL CONTROL ORDINANCE TO

ORDINANCE NO. 2010-1

THE PEOPLE OF THE COUNTY OF INGHAM, MICHIGAN, DO ORDAIN:

Ingham County Board of Commissioners

ADOPTED - JUNE 28, 2016

Introduced by the Law & Courts Committee of the:

INGHAM COUNTY BOARD OF COMMISSIONERS

RESOLUTION TO ADOPT AN ORDINANCE AMENDING THE INGHAM COUNTY ANIMAL

LAW & COURTS: Yeas: Crenshaw, Celentino, Anthony, Banas, Maiville

ORDINANCE AMENDING THE INGHAM COUNTY ANIMAL CONTROL ORDINANCE TO

THE PEOPLE OF THE COUNTY OF INGHAM, MICHIGAN, DO ORDAIN:

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