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BSL Vanburen Twp Michigan

Discussion in 'Laws & Legislation' started by Dtwo, Oct 22, 2007.

  1. Dtwo

    Dtwo Big Dog

    PLEASE CROSSPOST!

    The Van Buren township (Michigan) planning commission meeting agenda for October 24th has been published. THEY WILL BE DISCUSSING proposed amendments to the animal control ordinance during this meeting. They have conveniently left out details regarding the proposed amendments on the agenda.

    We have very good reason to believe that proposed amendments include: Changing the number of dogs allowed in a home AND A PETITION TO BAN PIT BULLS AND OTHER "DANGEROUS" DOGS.

    This is the only known public notice that was given (also void of details regarding the ordinance):



    This is the article in the Belleville-Area Independent on Thursday 10/18/07.

    Van Buren Township to pursue animal control ordinance

    At the Oct. 10 meeting of the Van Buren Township Planning Commission, members found in their packets of information a draft of a proposed animal control ordinance.

    Bryce Kelley, director of planning and economic development, said an animal control ordinance had been considered in the past and not completed. Now, he said, the Public Safety Department wants to move forward with the ordinance.

    Kelley said several sections have zoning implications, so he has marked those parts for the commissioners since the commission has jurisdiction over zoning. He said the commission will discuss the ordinance at its Oct. 24 meeting.

    Rosemary K. Otzman, Editor


    _______________________________

    We are encouraging people to attend this meeting, we need all the support that we can get!

    MEETING INFO and AGENDA:

    CHARTER TOWNSHIP OF VAN BUREN
    PLANNING COMMISSION AGENDA
    OCTOBER 24, 2007 AT 7:30 P.M.
    VAN BUREN TOWNSHIP HALL
    46425 TYLER ROAD

    ITEM #2 (last item on the agenda)
    TITLE: CONSIDER A RECOMMENDATION TO THE BOARD OF TRUSTEES TO ADOPT THE PROPOSED AMENDMENTS TO THE ANIMAL CONTROL ORDINANCE, WITHIN CHAPTER 14 OF THE TOWNSHIP GENERAL ORDINANCE.
    A. Presentation by Township Staff
    B. Receipt of public comments.
    C. Planning Commission discussion.
    D. Planning Commission action.

    Entire meeting agenda posted here:
    http://www.vanburen-mi.org/MeetingSchedule/Planning_Commission.html

    Even if you are unable to attend the meeting. Please email to voice your POLITE AND RESPECTFUL opposition to breed specific legislation to the Van Buren township officials and trustees listed below. Please also offer them viable alternatives and solutions to breed bans.

    Government Officials:

    Dan Swallow, Deputy Director of Planning & Economic Development,
    dswallow@vanburen-mi.org
    Cindy King, Supervisor,
    cking@vanburen-mi.org
    Joannie Payne, Clerk,
    jpayne@vanburen-mi.org
    Sharry Budd, Treasurer,
    sbudd@vanburen-mi.org
    Jerry Champagne, Director of Public Safety, jchampagne@vanburen-mi.org
    Mark Nicholai, Fire Chief,
    mnicholai@vanburen-mi.org
    Ronald Folks, Battalion Chief - Fire Station One, rfolks@vanburen-mi.org
    Anthony Karver, Captain - Fire Inspector, akarver@vanburen-mi.org
    Ken Brooks, Captain,
    kbrooks@vanburen-mi.org
    Greg Laurain, Captain
    glaurain@vanburen-mi.org
    Ally Acosta, Cable Operations Manager, aacosta@vanburen-mi.org
    Bryce Kelley, Director of Planning & Economic, bkelley@vanburen-mi.org
    Board of Trustees:

    Phillip Hart
    phart@vanburen-mi.org
    Jeffrey Jahr
    jjahr@vanburen-mi.org
    Walter Rochowiak
    wrochowiak@vanburen-mi.org
    Lianne Clair
    lclair@vanburen-mi.org

    Van Buren Township

    46425 Tyler Rd. Van Buren Twp, MI 48111



    Diana McKay
    Pit Bull Education Coordinator
    A Better Place - New Boston, MI
     
  2. Suki

    Suki Guest

    Best of luck with you guys on this. can't say that i can't relate....:rolleyes:

    New Boston, huh? the old one's in trouble enuff, in terms of our breed...:mad: ...
    and if i were you people i'd be diggin deep to find out the specifics and then promptly publically post them so people are made aware of the REAL situation.

    will write something and send it off.
    best of luck
     
  3. Dtwo

    Dtwo Big Dog

    Appreciate it Suki. . .we feel they are purposely hiding the details.
    Well we'll find out on Wednesday.:(
     
  4. Iron Mike

    Iron Mike CH Dog

    Re: BSL Van buren Twp Michigan

    When B.C tried to pass BSL we all showed up and the only help we got was UKC and it seemed to help.

    We called ADOA 2 weeks in advance and three days after the meeting we got a call back...

    We had over thirty paid members with ADOA.
    EBA wouldn't even talk to us.
    We had about 20 paid members with them.

    Everyone knew in advance, may I suggest getting it tabled at least, because an ordinance isn't a law and a petition can stop an ordinance.

    Ordinance falls under Code Compliance Officer who is under Zoning Administrator.
    When code variance is applied for and enough people show up or petition is submitted, if ignored, recall can be started...

    Only way Zoning can be changed is by public hearing, informed to the State of Michigan in advance and it can only be once or every three years, I can't remember that one for sure.

    Good luck.
     
    Last edited by a moderator: Oct 23, 2007
  5. Dtwo

    Dtwo Big Dog

    Crossposted. . .

    I am forwarding information I received from Bryce Kelly, Director of Planning and Economic Development for Van Buren Township regarding the proposed changes to the Animal Control Ordinance. Because I'm not familiar with how attached documents come through on the NDT list, I have included it in the text of this message, see below. Copies of emails from Mr. Kelly and a Sumpter Township resident are also included. Since I spoke only to Mr. Kelly's about this topic, I deleted the name and email address of the resident.

    However, it appears that the Planning Commission has been asked to make sure that there are no Zoning conflicts with the Ordinance changes that are being proposed by Public Safety. Those of you interested in obtaining a copy of the should probably contact the Public Safety Department in VanBuren. Reading the Ordinance and the proposed changes in their entirety would provide a complete picture of the intended impact of the proposed amendments. The Planning Commission only recommends actions to the Township Board. They have no decision-making authority in this regard. After the Planning Commission meets, the amendments would typically be placed on the Township Board's agenda at a future meeting - whenever Public Safety has completed their review.

    I hope this information is helpful to those of you that are interested in this topic.

    Judy Bocklage

    ------------ --------- ---------

    To: Carol Thompson, Chair, Planning Commission

    From: Director Kelley

    Date: 18 October 2007

    Re: Draft Animal Control Ordinance

    Madam Chair,

    Nearly 4 years ago the Department of Public Safety began a study of the Township’s Animal Control Ordinance with the intent of improving this section by replacing obsolete language and updating the regulations to address current needs and issues. This proposed ordinance is only intended for adoption and codification to the General Ordinances of the Township. There are sections of the draft that relate to land use and zoning regulations specific to Zoning Ordinance regulations. The Director of Planning & Economic Development is respectfully requesting the Planning Commission review, discuss and comment on these noted sections of the proposed ordinance and consider forwarding a recommendation. In this instance the Commission is a recommending body to the Board of Trustees on any action the Township may take to consider and adopt revisions to the Animal Control Ordinance.

    Language relating to zoning ordinance regulations.

    Section 14.2 Definitions.
    1. HARBORING; the Zoning Ordinance regulates accessory structures in all districts. The proposed definition is straight forward and includes a list of accessory structures associated with the lodging, keeping or harboring of animals. It does not appear to conflict with the manner in which the Zoning Ordinance regulates accessory structures.

    2. KENNEL; the Zoning Ordinance uses the word kennel in its regulations applicable to a commercial animal enterprise for the boarding and breeding of dogs. Since any consideration for a kennel land use would require a separate application and review under the standards and regulations of the Zoning Ordinance it does not appear there is a conflict or confusion.

    3. LIVESTOCK; likewise the Zoning Ordinance refers to livestock and any consideration for livestock related land uses would require review by the standards and regulations of the Zoning Ordinance; it does not appear there is a conflict or confusion.

    SECTION 14-10. Sanitary requirements.
    The proposed ordinance language addresses the prohibition of conditions that can be harmful to the animal and a nuisance to neighboring properties and the public. This improves the ability of Public Safety and Zoning staff to address problems; it does not appear there is a conflict or confusion.

    section 14-12. Keeping of wild animals, birds and bees prohibited.
    Pet shops and veterinary clinics are also referenced in the Zoning Ordinance but again the proposed language does not appear to conflict with or confuse Zoning regulations.

    Section 14-26. Vicious dogs generally.
    1. (4) Confinement of vicious dog; this section references accessory structures and zoning ordinance regulations; it does not appear there is a conflict or confusion.

    2. (5) Proximity to Schools; this section refers to placement and distances similar to language found in the Zoning Ordinance addressing regulated land uses; it does not appear there is a conflict or confusion.

    Sections 14.52 kennel license; 14-53 kennel location – zoning provisions applicable.
    These sections both relate and specifically refer to the Zoning Ordinance regulations. There does not appear to be any conflict or confusion between the proposed provisions for adoption to the General Ordinance and the Zoning Ordinance. However the Planning Commission may wish to review the referenced Zoning Ordinance sections should they feel it is warranted.

    Recommendation and action.
    The Director respectfully requests that the Planning Commission consider a motion to recommend the proposed revisions to the Animal Control Ordinance presented.




    From: Kelley, Bryce [mailto:BKelley@vanburen- mi.org] Sent: Tuesday, October 23, 2007 9:36 AMTo: Subject: RE: BSL Proposal

    Good morning,

    Thank you for sharing your thoughts and passions as a responsible dog owner. I too am a dog owner; I consider myself a responsible dog owner; and I certainly understand your feelings.

    The agenda item addressing the proposed animal control ordinance for Wednesday evening’s Planning Commission meeting is not intended to address what I believe many folks think it might. As part of the review of all proposed General Ordinance changes/additions/ amendments the Planning Commission is simply reviewing those sections that have land use and/or zoning language and implications. Attached is my memo to the Planning Commission that explains those sections and the applicable references to the Township’s Zoning Ordinance.

    The document does not propose a ban of specific dog breeds nor does it call out a ban on classes of dogs that are stereotyped as dangerous. I do not know what “BSL” refers to in your message and the proposed language does not reference that acronym either.

    The proposed language does address “vicious dogs” and to that extent the proposed regulations are dog specific and not breed specific; and again this in not what the Planning Commission will officially address.

    I look forward to meeting you tomorrow evening should you choose to attend the meeting. However within the scope of the Planning Commission’s authority your written concerns will not be the focus of the discussion.

    Sincerely,

    Bryce Kelley


    Bryce Kelley
    Director of Planning & Economic Development
    Charter Township of Van Buren
    46425 Tyler Road
    Van Buren Township, MI 48111
    734-699-8913 / 734-699-8958 fax


    From:
    Sent: Monday, October 22, 2007 4:28 PMSubject: BSL Proposal

    Dear Sir or Madame: I am writing to you today because I am concerned about the BSL Proposal. I am a responsible dog owner and I oppose this legislation. I support reasonable and enforceable laws that protect the welfare and health of dogs. And those that do not restrict the rights of owners who take their responsibilities seriously. I support laws that establish a fair process by which specific dogs are identified as "dangerous" based on stated, measurable actions due to the lack of or actions of irresponsible owners. One irresponsible owner can turn a loving puppy/dog into a dangerous dog. That is where the number lays. It is education and then the enforcement of heavy penalties for the offenders. I strongly oppose any legislation that determines a dog to be "dangerous" based on specific breeds or phenotypic classes of dogs. Because this legislation fails to address the heart of the issue- irresponsible ownership. I respectfully ask that you support responsible owners by opposing BSL Proposal this Wednesday, October 24th, 2007. Your Neighbor, Sumpter Resident
     
  6. Dtwo

    Dtwo Big Dog

    Just got home - it went until 10 pm.
    Unfortunately, this group (Planning Comission) is not responsible to approve/disapprove the new ordinance.
    But, it was presented by the Director of Public Safety and they took notes to "take back". The proposed ordinance - they said it's a "draft", contains no ban on pit bulls but does ban wolves/wolf hybrids. Mr. "public safety said the wolf ban was consistent with state law, but I haven't verified that.
    They said they've patterned the ordinance after other communities but there is lots of scary language in it regarding the power of animal control to "immediately seize" and the like. "Vicious Dogs" definition includes "any dog that injures another domestic animal" so your dog bites a cat and that's it.
    Also present was the editor of the Belleville Independent who took hubby's name.
    Most people present were primarily against the limit of 4 dogs. There were fly ball border collie people, a doberman rescue group, a husky rescue group, people with 6 show shepards, and the woman with The Buster Foundation, a local pit bull rescue.
    The ordinance copies were passed out right before the discussion, so we did what we could with the limited absorption time.

    I'll try to scan the ordinance in the morning - that is all I can do right now.

    Thanks to everyone that e-mailed - they were quite surprised to receive correspondence from as far away as Maine.
     
  7. Iron Mike

    Iron Mike CH Dog

    Re: BSL Van buren Twp Michigan

    Dtwo,
    here is idea you might want to try and that seemed to work in my township when they wanted to change the number of dogs in the township. This might also be used for BSL enforcement.

    When a township or city is different then the county ordinance, then the township or city has to pay to have someone to enforce those changes.
    Which in a county falls Animal Control Officer.
    Code Compliance and Zoning Administrator cannot enforce those ordinances because they are not officers of the law where the can arrest or confiscate property.

    They will have to pay for their own Animal Control and now days, money is TIGHT!
     
    Last edited by a moderator: Oct 25, 2007

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