§ 6-1. Cruelty to animals.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

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.

Animal means any vertebrate other than a human being.

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.

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.

Licensed veterinarian means a person licensed to practice veterinary medicine under article 15 of the Public Health Code, Public Act No. 368 of 1978 (MCL 333.16101 et seq.).

Livestock means that term as defined in the Animal Industry Act of 1987, Public Act No. 466 of 1988 (MCL 287.701 et seq.).

Neglect means to fail to sufficiently and properly care for an animal to the extent that the animal's health is jeopardized.

Sanitary conditions means space free from health hazards, including excessive animal waste, overcrowding of animals, or other conditions that endanger the animal's health. The term "sanitary conditions" does not include any condition resulting from a customary and reasonable practice pursuant to farming or animal husbandry.

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, includes one or more of the following:

(1)

The residence of the dog's owner or other individual.

(2)

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.

(3)

A structure, including 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 this subsection (a)(3) that is accessible to the dog.

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.

Tethering means the restraint and confinement of a dog by use of a chain, rope or similar device.

Water means potable water that is suitable for the age and species of animal that is made regularly available unless otherwise directed by a licensed veterinarian.

(b)

An owner, possessor or person having the charge or custody of an animal shall not do any of the following:

(1)

Fail to provide an animal with adequate care.

(2)

Cruelly drive, work or beat an animal, or cause an animal to be cruelly driven, worked or beaten.

(3)

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.

(4)

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, the term "stand" means sufficient vertical distance to allow the animal to stand without its shoulders touching the top of the crate or transportation vehicle.

(5)

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 vacated for the protection of human life or the prevention of injury to a human. An animal that is lost by an owner or custodian while traveling, walking, hiking or hunting is not abandoned under this section when the owner or custodian has made a reasonable effort to locate the animal.

(6)

Negligently allow any animal, including one who is aged, diseased, maimed, hopelessly sick, disabled or nonambulatory, to suffer unnecessary neglect, torture or pain.

(7)

Tether a dog, unless the tether is at least three 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.

(c)

This section does not prohibit the lawful killing or other use of an animal, including the following:

(1)

Fishing.

(2)

Hunting, trapping or wildlife control regulated under the Natural Resources and Environmental Protection Act, Public Act No. 451 of 1994 (MCL 324.101 et seq.).

(3)

Horse racing.

(4)

The operation of a zoological park or aquarium.

(5)

Pest or rodent control regulated under part 83 of the Natural Resources and Environmental Protection Act, Public Act No. 451 of 1994 (MCL 324.8301 et seq.).

(6)

Farming or a generally accepted animal husbandry or farming practice involving livestock.

(7)

Activities authorized under rules promulgated under section 9 of the Executive Organization Act of 1965, Public Act No. 380 of 1965 (MCL 16.109).

(8)

Scientific research under Public Act No. 224 of 1969 (MCL 287.381 et seq.).

(9)

Scientific research under sections 2226, 2671, 2676 and 7333 of the Public Health Code, Public Act No. 368 of 1978 (MCL 333.2226, 333.2671, 333.2676, and 333.7333).

(d)

This section does not apply to a veterinarian or a veterinary technician lawfully engaging in the practice of veterinary medicine under part 188 of the Public Health Code, Public Act No. 368 of 1978 (MCL 333.18801 et seq.).

(Code 1974, §§ 23.1, 24.2(30); Code 1989, § 5-1)

State law reference

Cruelty, MCL 750.50.