Animal Forfeiture Civil Actions
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Questions and Answers

Under what circumstances can the City Attorney file a civil action requesting forfeiture of an animal before the criminal charge is resolved?

  • When the animal is lost and the owner cannot be found.
  • When the owner of the animal voluntarily surrenders it to the city.
  • When the animal has bitten someone and is deemed dangerous to the public.
  • When an animal is impounded due to a violation of § 8-4 and is being held by a designated shelter or veterinarian. (correct)

Who must be served with a true copy of the summons and complaint in a civil action for animal forfeiture?

  • Only the animal control shelter holding the animal.
  • The defendant and any witnesses in the criminal case.
  • The defendant, anyone with a known ownership or security interest in the animal, and anyone who has filed a lien with the secretary of state. (correct)
  • Only the defendant in the criminal action.

What happens to the security interest of a holder if an animal is forfeited?

  • The security interest is transferred to the animal control shelter.
  • The holder of the security interest must pay all costs associated with the animal's care.
  • The forfeiture is subject to the security interest if the holder had no prior knowledge of or consent to the crime. (correct)
  • The security interest is automatically terminated.

How soon after the filing of a civil action for animal forfeiture should the court conduct a hearing?

<p>Within 14 days of the filing of the civil action, or as soon as practicable. (B)</p> Signup and view all the answers

What burden of proof must the City Attorney meet at the hearing for animal forfeiture?

<p>By a preponderance of the evidence that a violation of § 8-4 occurred. (B)</p> Signup and view all the answers

What can the defendant do to prevent immediate forfeiture of the animal after the court finds sufficient evidence of a violation?

<p>Submit cash or other security to the court clerk within 72 hours to cover the costs of caring for the animal. (C)</p> Signup and view all the answers

If a trial is continued to a later date, what additional requirement is placed on the defendant regarding the animal's care costs?

<p>The defendant must submit additional cash or security to cover the anticipated costs of caring for the animal until the new trial date. (C)</p> Signup and view all the answers

Who determines the amount of security required from the defendant to prevent immediate forfeiture of the animal?

<p>The court. (B)</p> Signup and view all the answers

Under what circumstance is an animal owner NOT subject to the penalties described in subsection (B) upon conviction?

<p>If the conduct is permitted and compliant with Part 427 of the Natural Resources and Environmental Protection Act. (D)</p> Signup and view all the answers

What is the minimum fine a person will face if they allow a previously adjudicated dangerous animal to run at large?

<p>$250 (A)</p> Signup and view all the answers

What is an acceptable form of punishment for an owner whose previously adjudicated dangerous animal runs at large?

<p>Community service work for a minimum of 240 hours. (A)</p> Signup and view all the answers

What action must a person take if their animal defecates on property that isn't theirs?

<p>Promptly clean up the fecal matter. (B)</p> Signup and view all the answers

An individual's dog escapes and causes damage to a neighbor's garden. According to the excerpt, what should the demand for compensation include?

<p>A statement detailing the damage, the time and place it occurred, and identification of the animal and owner. (B)</p> Signup and view all the answers

Who should a person submit their demand for compensation to after their property has been damaged by an animal running at large?

<p>The law enforcement agency holding the animal. (C)</p> Signup and view all the answers

What is implied regarding other violations of the law committed while violating the section described?

<p>A person can be charged, convicted, and punished for other violations committed simultaneously. (B)</p> Signup and view all the answers

Agreements between the city and which entities are exceptions to this section?

<p>Governmental agencies for the humane treatment and release of stray cats. (C)</p> Signup and view all the answers

An animal control officer in this city must meet minimum employment standards. According to the content, what dictates these minimum standards?

<p>M.C.L.§ 287.289c (B)</p> Signup and view all the answers

What condition defines an animal as 'at large'?

<p>An animal not on the owner’s premises and not under control by leash or confinement in a vehicle, unless lawfully hunting. (A)</p> Signup and view all the answers

Which scenario would classify a dog as a 'dangerous animal'?

<p>A dog that bites and causes serious injury to another dog while the other dog is on the property or under the control of its owner. (A)</p> Signup and view all the answers

According to the content, under which circumstance would an animal not be classified as 'dangerous' despite biting someone?

<p>The animal bites someone while reacting defensively to protect its owner from an assault. (D)</p> Signup and view all the answers

What is the definition of 'animal shelter' according to the content?

<p>Any facility operated by a humane society, governmental agency, or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law. (B)</p> Signup and view all the answers

According to the content, what is the definition of a cat?

<p>Any member of the species 'Felis Catus.' (B)</p> Signup and view all the answers

According to the content, what other term has the same meaning as 'Dangerous Animal?'

<p>Vicious Animal. (A)</p> Signup and view all the answers

What crucial piece of information must a notice of hearing, sent by the City Council to a license holder regarding a potential revocation, contain?

<p>A statement that the licensee may present evidence, confront witnesses, and be represented by an attorney. (D)</p> Signup and view all the answers

If the City Council appoints a hearing officer for a license revocation hearing, what is the hearing officer's primary responsibility after the hearing?

<p>To provide a recommendation to the City Council for their final review and decision. (A)</p> Signup and view all the answers

According to the guidelines, what standard of evidence must the City Council meet to recommend the nonrenewal or revocation of a license or permit?

<p>A preponderance of the evidence. (A)</p> Signup and view all the answers

Which of the following scenarios would most likely lead the City Council to recommend the revocation of a business's entertainment permit?

<p>Consistent noise complaints from neighbors due to loud music exceeding permissible decibel levels. (A)</p> Signup and view all the answers

What is the minimum timeframe the City Council must provide a license holder before a hearing regarding potential license revocation?

<p>10 days. (D)</p> Signup and view all the answers

Besides violating the specific provisions of licenses and permits, what other condition could lead the City Council to recommend nonrenewal or revocation of a license?

<p>Maintenance of a nuisance upon the premises. (B)</p> Signup and view all the answers

Where can copies of the resolution outlining the bases for objecting to renewal or requesting revocation of a license be obtained?

<p>From the City Clerk's office. (D)</p> Signup and view all the answers

What is the final step the City Council must take after a hearing regarding the potential revocation of a license?

<p>Submit a written statement of their findings and determination to the license or permit holder and the Michigan Liquor Control Commission. (C)</p> Signup and view all the answers

According to the ordinance, what action must a person take if their animal defecates on property that is not their own?

<p>The person must immediately collect and remove the fecal matter to the premises where the animal is harbored. (C)</p> Signup and view all the answers

What is required for a person to legally walk an animal on public or private property that they do not own?

<p>The person must possess a device for collecting fecal matter and a depository for its transmission to the animal's premises. (A)</p> Signup and view all the answers

What is the maximum time frame allowed for removing animal waste from an owner's premises after a complaint is received?

<p>Within 24 hours of the complaint. (D)</p> Signup and view all the answers

According to the ordinance, what constitutes a violation regarding the maintenance of animal waste on one's property?

<p>Failing to confine securely or bury manure, leading to it being scattered onto streets or neighboring properties. (A)</p> Signup and view all the answers

What activities are permitted regarding domestic animals, according to the ordinance?

<p>Keeping nonvicious domestic animals, as long as it's not for commercial purposes. (B)</p> Signup and view all the answers

Under what conditions are wild animals allowed to be kept on a property, according to the ordinance?

<p>Wild animals may be kept if authorized by state law. (C)</p> Signup and view all the answers

A property owner receives a complaint about malodorous conditions emanating from their property due to accumulated animal waste. According to the ordinance, what is the latest they can properly dispose of the waste to avoid being in violation?

<p>Within 24 hours of the complaint. (A)</p> Signup and view all the answers

A resident wishes to start a business breeding non-vicious domestic rabbits for sale as pets. According to the ordinance, which of the following conditions would allow them to legally operate this business?

<p>The ordinance prohibits breeding or maintaining domestic animals for any commercial purpose. (D)</p> Signup and view all the answers

Under what circumstance is distributing a commercial handbill unlawful, even without a posted 'No Advertisement' sign?

<p>If the recipient verbally requests the distributor to stop. (A)</p> Signup and view all the answers

What is the responsibility of a property owner if their premises are vacant for an extended time according to the provided text?

<p>To post a 'No Advertisement' or similar sign. (A)</p> Signup and view all the answers

Which of the following types of handbills would be considered unlawful according to the content?

<p>A pamphlet containing language considered obscene. (D)</p> Signup and view all the answers

What is the main criterion that makes a handbill 'offensive' and therefore unlawful?

<p>If it contains language that is defamatory or encourages a breach of peace. (B)</p> Signup and view all the answers

What constitutes a violation related to alcoholic beverages for a minor?

<p>Purchasing or attempting to purchase alcoholic beverages. (C)</p> Signup and view all the answers

Which action related to alcohol is explicitly prohibited for a minor, regardless of intent?

<p>Consuming or attempting to consume alcoholic liquor. (A)</p> Signup and view all the answers

Assuming that 'bodily alcohol content' means any measurable amount of alcohol in the system, what does the provided text prohibit for minors?

<p>Having any detectable level of alcohol in their system. (B)</p> Signup and view all the answers

How does the ordinance protect a resident's right to privacy regarding handbills?

<p>By allowing residents to request that handbills not be distributed on their property. (D)</p> Signup and view all the answers

Flashcards

Handbill Distribution Restriction

Unlawful to leave handbills where prohibited by request or signage.

Premises Signage

Signs like "No Trespassing" or "No Advertisement" indicate occupants don't want handbills.

Vacant Property Signage Duty

Owners must post signs on vacant properties if they do not want handbills left.

Offensive Handbills Prohibition

Handbills inciting riot, advocating disloyalty, or urging unlawful conduct are prohibited.

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Morally Offensive Handbills

Handbills offensive to public morals, containing defamation, obscenity, or libel are unlawful.

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Minor's Alcohol Prohibition

A person under 21 cannot purchase, consume or possess alcoholic liquor.

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Bodily Alcohol Content (Minors)

Minors are prohibited from having any bodily alcohol content.

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Attempted Purchase/Consumption

Minors are prohibited to attempt to purchase or consume alcoholic liquor.

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Council's Liquor License Authority

The City Council can object to a liquor license renewal or request its revocation from the Michigan Liquor Control Commission.

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License Hearing Notice

A notice sent via first class mail at least ten days before the hearing.

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Notice Contents

  1. Proposed action; 2. Reasons for the action; 3. Hearing details; 4. Licensee's rights.
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Who conducts the hearing?

Council or a hearing officer appointed by the Council.

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Hearing Officer's Duty

To hear evidence, testimony, and make a recommendation to the City Council.

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Council's Decision Communication

A written statement of findings is submitted to the license holder and the Michigan Liquor Control Commission.

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Grounds for Revocation/Nonrenewal

A violation, nuisance, or any reasons adopted within a city resolution.

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Standard of Evidence

Determined by a 'preponderance of the evidence'.

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Animal Control Officer

A law enforcement officer qualified to perform animal control duties.

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Animal Shelter

A facility operated by a humane society or government for impounding animals.

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At Large

An animal not on the owner's property and not under control.

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Beehive

A colony of honey bees.

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Cat

Any member of the species Felis catus.

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Dangerous Animal

An animal that bites, attacks, or endangers people or domestic animals.

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Dog

Any member of Canis familiaris species.

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Dangerous Animal: Biting

Dog/animal that bites/attacks a person/another dog while the other dog is on the property or under the control of its owner causing serious injury or death.

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Civil Action for Animal Forfeiture

Before a criminal trial for animal violation (§ 8-4), the City Attorney can ask the court to transfer ownership of the animal to a shelter or vet.

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Service Requirements

The defendant, animal owner, or lienholder must be served a summons and complaint in an animal forfeiture case.

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Security Interest Protection

A security interest in an animal is protected if the interest holder didn't know about or consent to the crime.

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Hearing Timeline

A hearing on the animal forfeiture complaint must be held within 14 days, or as soon as possible.

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Burden of Proof

At the hearing, the City Attorney must prove a violation of § 8-4 occurred by a preponderance of the evidence.

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Forfeiture Order

If the violation is proven, the court orders forfeiture unless the defendant posts security for the animal's care costs.

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Security Coverage

Security must cover past and future costs of animal care from impoundment to trial.

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Continuance Security

If a trial is delayed, the defendant must provide additional security for the extended animal care costs.

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Animal Fecal Matter Rule

It's illegal to allow your animal's feces to be deposited anywhere other than your property, unless immediately cleaned up.

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Walking Animal Requirement

When walking an animal on public or private property not owned by you, you must have a device to collect and deposit their fecal matter.

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Animal Waste Confinement

Those who keep animals must keep their manure/offal confined or buried on their property to prevent scattering and offensive conditions.

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Waste Removal Timeframe

Animal waste must be removed from the owner's premises no later than 24 hours after a complaint.

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Waste Rule Violation Penalty

Failure to comply with animal waste regulations is a misdemeanor.

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Commercial Animal Restrictions

Animals cannot be raised, bred, or kept for commercial purposes.

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Domestic Animal Exception

Nonvicious domestic animals can be kept if they are not kept, bred, or maintained for any commercial purposes.

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Wild Animal Restriction

Wild animals cannot be kept as a food source unless permitted by state law.

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Animal Cruelty Conviction

Upon conviction of animal cruelty, the court awards the animal to a local humane society or animal welfare agency at the owner's expense.

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Exempted Animal Conduct

Certain actions permitted under specific parts of the Natural Resources and Environmental Protection Act are exempt.

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Concurrent Violations

This section does not prevent prosecution for other violations committed while violating this section.

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Animal Damage Compensation

A person who sustains property damage from an animal at large can demand reasonable compensation from the animal's owner.

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Compensation Demand Requirements

A written demand including details of damage, animal identity, and owner information, verified and submitted to the law enforcement agency.

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Dangerous Animal at Large

Allowing a previously adjudicated dangerous animal to run at large is a misdemeanor.

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Penalty for Dangerous Animal

Misdemeanor, up to 90 days imprisonment, fine between $250-$500, community service, and covering prosecution costs.

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Animal Waste Responsibility

Owners must prevent their animals from defecating on other people's property and clean up after them if they do.

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Study Notes

  • Distributing handbills is unlawful if requested not to or if signs indicate no solicitation.
  • Owners of vacant properties for over five days must post a "No Trespassing" or similar sign.
  • It is unlawful to distribute handbills that incite riot, advocate disloyalty, urge unlawful conduct, or breach public peace.
  • Handbills offensive to public morals or containing defamatory, blasphemous, obscene, libelous, or scurrilous language are unlawful.

Alcoholic Beverages

  • Minors cannot purchase, consume, or possess alcohol or have any bodily alcohol content, except as provided.
  • The City Council can object to liquor license renewals or request the Michigan Liquor Control Commission to revoke them.
  • License holders must receive ten days notice of a hearing regarding objections or revocations, including reasons and rights.
  • Hearings can be conducted by the Council or a hearing officer who makes a recommendation to the Council.
  • The City Council submits a written statement of findings to the license holder and the Michigan Liquor Control Commission.
  • Nonrenewal or revocation can be recommended for violations of license provisions, maintaining a nuisance, or other bases.
  • Criteria can be found in a resolution obtained from the City Clerk's office.

Animal Control

  • The city adheres to minimum employment standards for animal control officers.
  • Animal shelters are facilities for impounding and caring for animals held under city or state law.
  • An animal "at large" is off the owner's property and not under control, unless lawfully hunting.
  • A beehive is a colony of honey bees.
  • A cat is any member of the species "Felis Catus."

Dangerous Animals

  • A dangerous animal is a dog or other animal that bites or attacks a person, or causes serious injury or death to another dog.
  • It includes animals with a tendency to attack or endanger persons or domestic animals.
  • Animals bitten by a rabid animal or that have bitten a person are considered dangerous.
  • "Dangerous Animal" and "Vicious Animal" have the same meaning.
  • Exceptions to the dangerous animal definition include animals defending against trespassers or provocation.
  • Also, animals protecting themselves or others, or exotic animals, are exceptions.
  • A dog is any member of the species "Canis Familiaris."

Domestic Animal

  • The City Attorney may file a civil action to forfeit an impounded animal before a criminal charge is resolved.
  • This applies if the animal is held by an animal control shelter, protection shelter, or a veterinarian.
  • The summons and complaint must be served to the defendant and anyone with a known interest in the animal.
  • Forfeiture is subject to the interest of security interest holders without prior knowledge of the crime.
  • The court must hold a hearing within 14 days.
  • The City Attorney must prove by a preponderance of evidence that a violation occurred.
  • The court will order forfeiture unless the defendant provides security to cover the animal's care costs.
  • If convicted, the court awards the animal to a local humane society or animal welfare agency at the owner's expense.
  • The section does not apply to activities permitted under specific parts of the Natural Resources and Environmental Protection Act.
  • It also does not apply to agreements between the city and other agencies for treating and releasing stray or feral cats.
  • Violators can be charged with other offenses committed while violating this section.
  • A person who sustains property damage by an animal at large can demand reasonable compensation from the owner.
  • The demand must be written, verified, and submitted to the law enforcement agency in custody of the animal.
  • Owners of previously adjudicated dangerous animals that run at large are guilty of a misdemeanor.
  • The penalties include imprisonment up to 90 days, fines, community service, or a combination.
  • Owners must ensure their animals do not defecate on other properties and must promptly clean up any feces.
  • It is unlawful to permit animals to deposit fecal matter outside the owner's premises unless immediately collected.
  • People walking animals must have a device for collecting fecal matter.
  • Manure and offal must be securely confined to prevent scattering and offensive conditions.
  • Such deposits must be removed within 24 hours of a complaint.

Animals Kept for Commercial Purposes

  • Animals cannot be raised, bred, or kept on premises for commercial purposes, except for nonvicious domestic animals.
  • Wild animals are property of the state and cannot be harbored or imported for food or any other purpose, unless permitted by state law.

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Description

This lesson covers the circumstances under which a City Attorney can file a civil action for animal forfeiture before a criminal charge is resolved. It also explains procedures, notification requirements, and defendant responsibilities regarding animal care costs and security.

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