Michigan Laws 287.339b – Violation of act or rule; sanctions; court action or order
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Terms Used In Michigan Laws 287.339b
- Alteration: means a professional sterilization procedure performed by a veterinarian that renders a dog, cat, or ferret incapable of reproducing. See Michigan Laws 287.331
- animal: means a mammal except livestock as defined in 1937 PA 284, MCL 287. See Michigan Laws 287.331
- Animal control shelter: means a facility operated by a municipality for the impoundment and care of animals that are found in the streets or at large, animals that are otherwise held due to the violation of a municipal ordinance or state law, or animals that are surrendered to the animal control shelter. See Michigan Laws 287.331
- 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. See Michigan Laws 287.331
- Cat: means a domestic cat of any age of the species Felis catus. See Michigan Laws 287.331
- Contract: A legal written agreement that becomes binding when signed.
- Director: means the director of the department or his or her authorized representative. See Michigan Laws 287.331
- Dog: means a domestic dog of any age of the species Canis familiaris. See Michigan Laws 287.331
- Ferret: means an animal of any age of the species Mustela furo. See Michigan Laws 287.331
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 287.331
- Veterinarian: means a person licensed to practice veterinary medicine under part 188 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 287.331
(1) If a person violates this act or a rule promulgated under this act, the director, after notice and an opportunity for an evidentiary hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, may do either or both of the following:
(a) Suspend or revoke a license or registration issued to the person under this act.
(b) Impose an administrative fine of not more than $1,000.00 for each violation. The director shall advise the attorney general of the failure of a person to pay an administrative fine under this section. The attorney general shall bring a civil action to recover the administrative fine and costs and fees. The administrative fine shall be deposited in the agriculture licensing and inspection fees fund created in section 9 of the insect pest and plant disease act, 1931 PA 189, MCL 286.209.
(2) In addition to any other action authorized by this act, the director may bring an action to do 1 or more of the following:
(a) Obtain a declaratory judgment that a method, act, or practice is in violation of this act.
(b) Obtain an injunction against a person who is engaging, or about to engage, in a method, act, or practice that violates this act.
(3) If a person fails to comply with a contract for the alteration of a dog, cat, or ferret as required under section 8a, a court with appropriate jurisdiction may order transfer of ownership of the adopted animal only to 1 of the following:
(a) The facility from which the animal was adopted.
(b) A veterinarian, animal control shelter, or animal protection shelter willing to accept the animal and either humanely euthanize the animal or adopt the animal to an owner who agrees to have the animal altered.