Draft Ordinance

Draft Ordinance presented to the Law & Courts Committee on April 17, 2014

Resolution to Permit the Keeping of Miniature Goats on Non-Agricultural Property in Ingham County

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, miniature goats, including but not limited to dwarf and pygmy goats, are considered excellent pets due to their good-natured personalities, friendliness, faithfulness, and hardy constitution; and

WHEREAS, miniature goats are no bigger than a number of species of large domestic dogs; miniature goats average around 24" tall and 50-100 pounds, compared to some large dogs that average around 30" tall and can weigh up to 200 pounds; and

WHEREAS, miniature goats can be a sound way to provide milk and cheese to families if the milk is properly pasteurized prior to consumption or cheese production, an goat milk does not contain lactalbumin, a common allergen found in cow’s milk; and

WHEREAS, goats are valuable for controlling noxious weeds and clearing brush and undergrowth; and

WHEREAS, serious illnesses in people due to infections from goats are rare and disease risk can be reduced through proper sanitation and good husbandry; and

WHEREAS, female and neutered male goats do not generate significant odors.

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, expressly permitting the keeping of up to two miniature goats on one- or two-family residential properties, under certain conditions, unless otherwise prohibited or regulated by local ordinances or private land use restrictions.

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

Exhibit 1- Amendment to Ingham County Animal Control Ordinance

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 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.

             C.                  NOTWITHSTANDING PARAGRAPH  (A), AND UNLESS EXPRESSLY PROHIBITED OR REGULATED BY A CITY, VILLAGE OR TOWNSHIP ORDINANCE, OR PRIVATE PROPERTY RESTRICTION, MINIATURE GOATS 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.               MINIATURE GOATS KEPT IN A NON­AGRICULTURAL AREA MUST BE LICENSED WITH THE INGHAM COUNTY DEPARTMENT OF ANIMAL CONTROL.

                                                A.                  THE INGHAM COUNTY DEPARTMENT OF ANIMAL CONTROL WILL CHARGE AN INITIAL LICENSING FEE OF $50 PER MINIATURE GOAT, AND AN ONGOING ANNUAL FEE OF $25 PER MINIATURE GOAT. 

                                                 B.                  APPLICANTS FOR MINIATURE GOAT LICENSURE MUST ATTEST IN WRITING ON A FORM PROVIDED BY THE INGHAM COUNTY DEPARTMENT OF ANIMAL CONTROL THAT THEIR MINIATURE GOATS MEET THE SPECIFICATIONS OF PARAGRAPH (C)(III), AND THAT THEIR PREMISES MEET THE SPECIFICATIONS OF PARAGRAPH (C)(IV), (C)(V), (C)(VI) AND (C)(VII).

ii.              NO MORE THAN TWO MINIATURE GOATS MAY BE KEPT ON A ONE- OR TWO-FAMILY RESIDENTIAL PROPERTY, WITH THE EXCEPTION THAT NURSING OFFSPRING MAY BE KEPT ON THE PROPERTY UNTIL THEY ARE 12 WEEKS OF AGE.

iii.            GOATS MUST BE DEHORNED, AND MALE GOATS OVER 6 WEEKS OLD MUST BE NEUTERED.

iv.            THERE MUST BE TWO HUNDRED FIFTY SQUARE FEET OF PERMEABLE LAND AREA AVAILABLE FOR EACH MINIATURE GOAT, WITH DIRECT ACCESS TO SHELTER SPACE.

v.              ADEQUATE SHELTER SPACE MUST BE PROVIDED TO PROTECT MINIATURE GOATS FROM THE ELEMENTS AND TO PREVENT WILDLIFE OR OTHER PREDATORS FROM GAINING ENTRY.

vi.            DURABLE FENCING THAT IS A MINIMUM OF 52 INCHES IN HEIGHT MUST BE PROVIDED TO PREVENT THE MINIATURE GOATS FROM ESCAPING WHEN NOT IN THEIR SHELTERS.

vii.           ALL FEED AND OTHER ITEMS ASSOCIATED WITH THE KEEPING OF MINIATURE GOATS 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.

viii.     NO PERSON SHALL SLAUGHTER MINIATURE GOATS. 

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.