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Wednesday, January 28, 2015
City of Bloomfield Hills Ordinances relating to livestock which includes poultry.
Sec. 3-3. - Birds and birds' nests.
No person, except a police officer acting in his official capacity, shall molest, injure, kill or capture any wild bird, or molest or disturb any wild bird's nest or the contents thereof.
(Code 1971, § 9.63)
Sec. 3-4. - Livestock prohibited.
This section is adopted for the purpose and with the intent of exercising the city's power as provided in chapter II of the Charter, including the power under section 4 to define, prohibit, abate, suppress or prevent all nuisance and all things detrimental to the health, safety and welfare of the inhabitants of the city and the causes thereof, by prohibiting certain animals from being possessed or maintained within the city with limited, temporary exceptions, and providing for penalties to be applied for violations of the prohibitions. These regulations and the purpose and intent in adopting them is in recognition of existing development and uses that have been lawfully established within the city and determination that the reasonable and peaceful use, enjoyment and value of those uses and developments would be diminished or interfered with by the presence within the city of livestock, which as defined herein, are found to be undesirable, unsuitable and inconsistent with and detrimental to the health, safety and welfare of the city and its inhabitants.
"Livestock" means horses and other equine, cattle, sheep, swine, mules, burros, goats, llamas or other new world camelids, bison, poultry,rabbits and other animals used for human food and fiber or primarily for service rather than companionship to humans. Livestock does not include dogs and cats.
It shall be unlawful and a violation of this section for any person to possess or maintain livestock within the city. Owners or possessors of livestock shall be responsible for compliance with this section and subject to punishment for violations. For purposes of this section, "possess or maintain" means the act or ability of having or exerting control and influence over livestock, without regard to ownership and "owners or possessors" mean persons who have a right of property in livestock, who have livestock in their care of custody, or who knowingly permit livestock to remain on or about property occupied or controlled by them.
The prohibition in section 3-4(c) shall not apply to lawfully established and maintained principal permitted uses under the City of Bloomfield Hills ZoningOrdinance, that by necessity require the possession or maintenance of livestock, and to the temporary possession or maintenance of livestock by persons or entities licensed by the state or U.S. Department of Agriculture if:
The location of the livestock conforms to the provisions of the zoningordinance of the city.
All livestock and livestock quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.
Livestock are maintained in quarters so constructed as to prevent their escape, and to provide for their biological needs.
No person lives or resides within one hundred (100) feet of where the livestock are possessed or maintained.
A written application containing all information necessary to confirm compliance with the preceding requirements is made by the licensed person or entity and a permit for the temporary possession or maintenance applied for is issued by the city.
Owners and possessors of livestock in violation of this section shall be guilty of a misdemeanor and punished by a fine of not more than five hundred dollars ($500.00) plus costs of prosecution or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment in the discretion of the court, with each act of violation and every day upon which any such violation occurs constituting a separate offense, as provided in city Code section 1-11.
Possessing or maintaining livestock in violation of this section is declared to be a public nuisance as if said offense were specifically listed in section 10-2 of the city Code.
Possessing or maintaining livestock in violation of this article is declared to be a public nuisance as if said offense were specifically listed in section 10-2 of the city Code.