Chickens laws Michigan

[Aunt Theodora]

Michigan AG made opinion in August of 2021 that Ingham County Animal Control could not use dog laws for chickens and other farm animals. So ICAC started to use the Michigan Anti-cruelty laws for all vertebrates laws. Most Michigan animal owners have never read this law as they have no intention to be cruel to their pets. I have read the law and found several places where it is unconstitutional. Other sections are vague and ambiguous. Many pet owners of chickens are having their chickens seized without pre deprivation. Some pet owners are charged as felons. Few ever get their pets back. And pets are taken from their owners and homes and are traumatized. I encourage ever pet owner in Michigan to read this law. Complaints can be anonymous. One case the defendent was told he couldn't have flowers in front yard, only grass.
If ACO shows up at your door, be respectful but do not allow them to enter your house. Be careful what you say. Expect they may get a search warrant. Find an attorney. Be sure you have dogs licensed. Clean water for all animals. If you have chickens, definitely read the law.

 

[Sally PB]

definitely read the law.

Can you provide a link?

 

[Aunt Theodora]

http://legislature.mi.gov/doc.aspx?mcl-750-50
Link to law.

Aunt Theadora, Lansing State Journal ran story of Lady who had chickens seized but the jury found her not quilty. Her chickens were returned but 6 were dead. A 9000.00 bond was require to avoid forfeiture which she posted. But it is up to the discretion of Judge if the 9000.00 is returned. Micigan is a beautiful state but m too many laws are unconstitutional and do not provide pre deprivation notices or hearings. When animals are seized then code compliance usually red tags the property. This lady had to hire a lawyer in addition to the 9000.00 bond. Had she lost the jail sentence would be 7 years in jail.

 

[saysfaa]

PA 750 starts out with definitions
Among them is:
(g) "Livestock" means that term as defined in section 3 of the animal industry act, 1988 PA 466, MCL 287.703.

PA 466 MCL 287.7036 includes "poultry" in its definition of "livestock" in section tt and includes chickens in its list of birds in its definition of "poultry" in section iii.

PA 750-50a covers service animals
PA 750-50b covers companion animals
PA 750-50c covers Police dogs and horses

These are all of the 750-50 sections

The section on companion animals includes, "This section does not prohibit ... customary husbandry or farming practice involving livestock"

I don't think those keeping chickens in a coop outside need to worry. Assuming the governor doesn't decide these laws aren't among those she doesn't like.

The section on service animals doesn't have that exception. Maybe people claiming that do need to worry about this? And/or it is pretty hard to argue that house chickens besides chicks and some short term issues are customary practices.

I couldn't read the Lansing Journal article without signing up for the Journal. So I don't know if her house chickens were the issue or what exactly the issue was.

Has anyone else had a problem?

Oh. You said others had a problems. Sorry for not reading it again.

What in the world do flowers in the front yard have to do with the treatment of animals?

 

[saysfaa]

Well. Rereading it, again, looking for what might apply to keeping chickens instead of whether any of it would (except the obvious freezer camp),.... I don't what they could have used.

 

[Aunt Theodora]

PA 750 starts out with definitions
Among them is:
(g) "Livestock" means that term as defined in section 3 of the animal industry act, 1988 PA 466, MCL 287.703.

PA 466 MCL 287.7036 includes "poultry" in its definition of "livestock" in section tt and includes chickens in its list of birds in its definition of "poultry" in section iii.

PA 750-50a covers service animals
PA 750-50b covers companion animals
PA 750-50c covers Police dogs and horses

These are all of the 750-50 sections

The section on companion animals includes, "This section does not prohibit ... customary husbandry or farming practice involving livestock"

I don't think those keeping chickens in a coop outside need to worry. Assuming the governor doesn't decide these laws aren't among those she doesn't like.

The section on service animals doesn't have that exception. Maybe people claiming that do need to worry about this? And/or it is pretty hard to argue that house chickens besides chicks and some short term issues are customary practices.

I couldn't read the Lansing Journal article without signing up for the Journal. So I don't know if her house chickens were the issue or what exactly the issue was.

Has anyone else had a problem?

Oh. You said others had a problems. Sorry for not reading it again.

What in the world do flowers in the front yard have to do with the treatment of animals?

Yes, throughout the state. Not just chickens. The AG ruled fog laws cannot be used for chickens so they use anti-cruelty laws. In some cases they do have warrants and in others they don't. Sometimes code compliance comes with ACO to find any code violations. Most people cannot afford a lawyer. Few lawyers want or are qualified to handle chicken or animal cases except dog bites. Some animals are on farms and others in residential zones.
The law has parts that are unconstitutional but legislatures don't want to bother changing them. Worse violation is sodomy.
In too many states where animals are seized, some animals die. In this case the lady had 6 chickens die two allegedly natural and 4 by predators. They were cared for by volunteers and were free ranged. The surviving chickens had combs with frost bite and scars from fighting.
The lady had attended council meets the County Animal Control to have her rooster as a emotional medical support with letters.
Now he is dead.
The law is written in such a way that an tomato bush with wire things was a danger to chickens because it could fall on chickens and thus an unsafe environment. Tomato plant with sturdy tomato supports.
The article is copyrighted.
The nothing in front yard except grass is harassment. The guy is a felon. I will send link to his story later
I am having problems with my hip.

 

[Aunt Theodora]

The story of man who became a felon and harassed byvcide officer is on this website! Listed as "Convicted Criminal Chickenkeeper".​

It really blew my mind about the skunk incident.

 

[RaZ]

The story of man who became a felon and harassed byvcide officer is on this website! Listed as "Convicted Criminal Chickenkeeper".​

It really blew my mind about the skunk incident.

Fact check. This was not a felony. It was a misdemeanor.

 

[Aunt Theodora]

Fact check. This was not a felony. It was a misdemeanor.

Fact check. This was not a felony. It was a misdemeanor.

https://ferndalechickens.com/2013/0...e-on-the-criminal-charge-of-keeping-chickens/

I won't argue the point but usually criminal charges ate felonies.

Sadly another hen died. She always had her own cage. In new dwellings she was scared, stayed in corner alone. Took other chickens to vet and treating them has been overwhelming. I don't remember in my 84 years being this sad.
How can a government facility have this kind of power. They take 27 chickens and now 7 are dead and others are sick and have mites. Now she has vet bills.
I think Randy understands what it is to be harassed by government officials felon or not.

 

[Aunt Theodora]

Originally it was an ordinance violation but prosecutor amended it to a criminal charge which is a felony.