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Detailed Discussion of Michigan Great Ape Laws



Hanna Coate


Animal Legal & Historical Center
Publish Date:
2011
Place of Publication: Michigan State University College of Law

Printable Version

 

 

 

I. Introduction to Legal Control Over Great Apes in Michigan

Under Michigan’s Natural Resources and Environmental Protection Act (NREPA), the import, possession, and use of Great Apes is heavily regulated because of their status as endangered or threatened species under the Federal Endangered Species Act. NREPA makes it illegal to take, import, export, possess, buy, sell, or transport endangered or threatened animals, including gorillas, chimpanzees, orangutans, bonobos, and gibbons. However, that same law does allow apes that originate from other states (besides Michigan), or countries, to be imported, transported, possessed, or sold with a federal permit issued by the U.S. Fish and Wildlife Service (FWS) or with an “applicable” permit from another state (besides Michigan). That exemption does not apply to apes that originated in Michigan; so it is illegal to transport, possess, or sell any ape that was born in Michigan, regardless of whether a person possesses a federal or state permit authorizing those activities. The importation, possession, and use of apes is ostensibly regulated by various state agencies. However, the extent to which those agencies have fulfilled their legislative mandates to regulate apes is somewhat limited.   

Political subdivisions of the state, including counties, cities, and towns also have statutory authority to restrict and/or regulate Great Apes within their geographical boundaries. Although Michigan has a variety of state laws that restrict or regulate activities involving apes, many of those laws have not been implemented or enforced by the agencies charged with doing so. In order to fill the gaps left by state level regulation and enforcement, many cities and counties in Michigan have enacted local laws governing the possession and use of those animals. Typically, local ordinances either: (1) ban the possession of apes for certain purposes, or entirely; (2) regulate activities involving apes; or (3) set minimum standards for the care and treatment of apes.

The various sources of law governing the import, possession, use and treatment of Great Apes are not uniformly applicable to all apes within the state. Instead, each statute and regulation must be analyzed according to the particular purpose for which an ape is possessed. The following discussion begins with a general overview of the various state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.

 

II. Sources of State Laws

There are two types of state-level laws that govern the import, possession, use, and treatment of apes: (1) statutes, and (2) regulations. Statutes are laws that are enacted by the state legislature and regulations are laws that are enacted by state agencies. Without an express delegation of power from the state legislature, agencies have no authority to issue and enforce regulations. This delegation of power comes from a statute that directs an agency to accomplish a general goal, like regulating the importation of apes to prevent the spread of infectious diseases or setting minimum standards of care for captive apes. Once an agency is directed to accomplish a general goal, it has the authority to establish and enforce regulations that are consistent with that goal. On the other hand, some state statutes are self-implementing, which means they are complete and in effect without the need for regulations and enforcement by administrative agencies. Those statutes, which are in Section A below, directly regulate the conduct of the citizenry rather than directing an agency to do so. Section B identifies the state agencies that have been authorized by the state legislature to regulate certain aspects of the importation, possession, or use of apes, and discusses the regulations that those agencies have enacted that affect apes.

A. State Statutes

Although Michigan does not have any state statutes that specifically govern the possession, use, or treatment of apes, certain statutes that apply to a broad range of animals may be applicable to apes. Michigan’s general anti-cruelty statute applies to apes, as it does to other animals, and may be used to protect apes from neglect, cruel training methods, and physical abuse.

i. Anti-Cruelty Statutes

The state’s anti-cruelty statutes,[1] which prohibit acts or omissions that cause an animal to suffer unnecessary neglect, torture, or pain generally apply to Great Apes within the state.[2] Because all captive apes live in mandatory confinement, the requirement that the animals be given sufficient food, water, shelter, sanitary conditions, exercise and veterinary medical attention by their caretakers are particularly relevant.[3] In addition, apes are sometimes trained or induced to perform for public entertainment with chemical, electrical, mechanical, and manual devices that inflict physical or psychological injuries. Accordingly, the provisions that prohibit any person from cruelly driving, working, or beating an animal may be utilized to protect apes that are physically abused in the course of training, to induce performances, or for any other reason. [4]

In Michigan, there two equally effective options for the enforcement of the state’s anti-cruelty laws.

a. Public Law Enforcement Officers: Michigan actually imposes a statutory duty upon all public law enforcement officers to “arrest and prosecute all persons of whose violation of the [anti-cruelty laws] they may have knowledge or reasonable notice.”[5] Any officer that fails to comply with this legal mandate is guilty of a misdemeanor.[6] Any person found violating the anti-cruelty laws may be arrested and held without warrant, and all animals in that person’s custody must be seized and taken to the local “poundmaster.”[7]

b. Humane Officers: Any society that is incorporated in Michigan for the prevention of cruelty to animals can designate 1 or more persons in each county of the state to investigate and prosecute animal cruelty cases. The sheriff of each county may appoint those investigators as deputy sheriffs, which would give them all the powers of the sheriff in enforcing the state’s animal cruelty laws.

A violation of the state’s anti-cruelty laws may be either a misdemeanor or a felony, depending on the severity of the act, the number of animals involved, and the perpetrators past history of similar convictions.[8] Such convictions may result in any or all of the following: (1) imprisonment; (2) fines; (3) community service; (4) liability for all costs associated with the prosecution and with caring for the animal victim(s); (5) court-ordered psychological or psychiatric counseling; (6) a ban on owning animals in the future; and (7) permanent forfeiture of the animal victim(s).[9]

 

B. State Agencies and Regulations 

In Michigan, there are three state agencies that have been granted some level of authority to regulate the import, possession, use, and treatment of apes within the state. The Michigan Department of Natural Resources and Environment (DNR) regulates the import and possession of native and foreign wild animals within the state. Apes are among the most strictly regulated animals in the state because of their status as endangered or threatened species under the Federal Endangered Species Act. The Michigan Department of Agriculture, Animal Industry Division (AID) is responsible for monitoring the importation of animals into the state and for ensuring the health and safety of animals residing within the state. All apes that are imported into the state fall within the purview of AID and their importation and treatment are subject to that agency’s oversight. The Michigan Department of Community Health regulates the scientific research facilities within the state, including those that use live animals for research experiments. The agency administers a registration and inspection program to ensure that animals used by those research facilities are afforded certain minimum standards of care.

i. Michigan Department of Natural Resources and Environment

Michigan’s Natural Resources and Environmental Protection Act[10] makes it illegal to take, possess, transport, import, export, process, sell, offer for sale, buy, offer to buy, or receive for shipment any species of wildlife that is listed as threatened or endangered under the Federal Endangered Species Act (ESA).[11] All gorillas, orangutans, bonobos, gibbons, and wild populations of chimpanzees are listed as endangered and captive bred chimpanzees are listed as threatened.[12] Therefore, it is illegal to import, transport, possess, or sell any ape except with a permit issued by the U.S. Fish and Wildlife Service (FWS) pursuant to the ESA,[13] or with an applicable permit issued by another state. FWS does not issue permits for the importation, possession, breeding, or sale of apes for use as pets because according to the agency, “[u]sing protected species as pets is not consistent with the purposes of the Act.”[14] Also, FWS does not issue permits of any kind for certain “threatened” captive chimpanzees;[15] specifically, captive chimpanzees that have been born in the United States since 1976. As a result, no person would be able to obtain a federal permit for those captive chimpanzees.  It is important to note that the permit exemption does not apply to apes that originated in Michigan; so it is illegal to transport, possess, or sell any ape that was born in Michigan, regardless of whether a person possesses a federal or state permit authorizing those activities.

The Department of Natural Resources and Environment has dedicated law enforcement officers, or “conservation officers,”[16] who are employed by the agency, and who have the power and authority to conduct inspections,[17] seize animals,[18] and enforce all relevant provisions of the Natural Resources and Environmental Protection Act.[19] Conservation officers also have the authority to actually prosecute violations involving Great Apes without the sanction or participation of any prosecuting attorney.[20]

In addition, any law enforcement officer, or deputized humane officer, as discussed in Section II(A) above, can enforce the relevant provisions of the Natural Resources and Environmental Protection Act.[21] The illegal import, transport, transfer, or possession of any Great Ape in violation of that law is a misdemeanor.[22]

ii. Michigan Department of Agriculture, Animal Industry Division

The Michigan Department of Agriculture’s (MDA) Animal Industry Division (AID) regulates the importation of Great Apes.[23] Although the Animal Industry Act makes it illegal to import “any species having the potential to spread serious diseases or parasites, to cause serious physical harm, or to otherwise endanger native wildlife, human life, livestock, domestic animals, or property,”[24] MDA maintains that this prohibition does not apply to Great Apes.[25] While the importation of apes is not prohibited by MDA, it is prohibited by the DNR, except pursuant to a permit issued by the U.S. Fish and Wildlife Service or by another state. Any Great Ape that is imported into the state must be accompanied by an interstate health certificate or certificate of veterinary inspection certifying that the animal is free from infectious disease, which is issued within the 30 days prior to the animal’s arrival.[26] Interestingly, tucked within the small one-page statute regarding the importation of wild and exotic animals, is an even smaller one-and-a-half-line provision that mandates that any Great Ape[27] imported into the state must receive housing, feeding, restraining, and care that is approved by the director of MDA. A violation of the aforementioned sections of the Animal Industry Act is a misdemeanor, and in addition to criminal penalties, may incur administrative or civil fines, as well as financial liability for prosecution costs.[28]

MDA is responsible for regulating animal control facilities and animal protection shelters within the state and for ensuring that the animals maintained by those facilities are maintained pursuant to certain minimum standards of care. However, most of the agency’s regulations do not protect animals possessed by those facilities other than dogs and cats (i.e. housing standards;[29] feeding requirements;[30] cleaning and sanitation standards;[31] heating, ventilation, and lighting requirements;[32] record requirements;[33] outdoor shelter standards,[34] etc.). The few laws that are applicable to Great Apes mandate the following minimum standards of care: (1) “provisions” must be made for the removal and disposal of dead animals, animal and food waste, and bedding;[35] (2) food and bedding must be protected against “vermin” contamination or infestation;[36] (3) perishable food must be refrigerated;[37] (4) excess water must be eliminated from indoor enclosures;[38] (5) foul odors from drains should be avoided;[39] (6) a veterinarian must be consulted when a “health hazard” arises;[40] and (7) animals housed in the same cage must be compatible and of the same species.[41] Any failure to comply with the aforementioned basic standards of care is a misdemeanor,[42] and in addition to criminal penalties, may result in suspension or revocation of the facility’s registration,[43] administrative fines,[44] and forfeiture of the animal victim(s).[45]

iii. Michigan Department of Community Health

Pursuant to the Public Health Code, it is illegal to keep or use any “living, vertebrate animal,”[46] including any ape, for “experimental purposes,”[47] unless registered to do so by the Michigan Department of Community Health (MDCH).[48] The Bureau of Laboratories (a division of MDCH), in conjunction with the Animal Research Advisory Board,[49] administers the registration program and regulates all registered entities to ensure compliance with minimum standards of care for animals that are maintained or used for research purposes.[50]

Any “person”[51] or facility wishing to maintain or use Great Apes for scientific research must: (1) be “qualified by professional training;”[52] (2) submit a completed registration application to MDCH;[53] and (3) demonstrate that the applicant’s laboratory animal facility and procedures for the care and use of the animals are in “substantial conformance”[54] with all applicable regulations and the Guide for the Care and Use of Laboratory Animals (Guide).[55]

As a condition of registration, all registrants must comply with the minimum standards of care set forth in the Guide. In addition, all registrants must comply with the following MDCH rules: (1) “careful consideration” must be given to the physical comfort and welfare of the animals; (2) registrants must arrange for “humane handling” of animals while they are being transported within a facility or between facilities; (3) “painful procedure[s]” that are conducted without the use of anesthetics, analgesics, or tranquilizers must be supervised by a “responsible scientist;” (4) registrants must attempt to minimize pain, discomfort, and the consequences of any disability suffered by an animal as a result of scientific experiments; (5) any animal that cannot live without permanent pain or prolonged discomfort resulting from an experiment must be humanely and painlessly killed; and (6) registrants must ensure that an animal is dead before discarding his or her body.[56]

All registrants are subject to an annual inspection, or more frequently at MDCH’s discretion.[57] If an inspection uncovers evidence of violations of the foregoing standards or rules, a registrant may be placed on probation and given a “reasonable amount of time” to achieve “substantial compliance.” If a registered facility subsequently fails to achieve that compliance, then MDCH may suspend or revoke the registration.[58] Any person that maintains or uses apes for scientific experimentation in violation of the Public Health Code is guilty of a misdemeanor.[59]

 

III. Analysis of State Laws as Applied to Specific Uses

The statutes and regulations that are discussed in Section 2 all govern certain aspects of the import, possession, use, or treatment of captive apes that are possessed for various purposes. The laws are not uniformly applicable to all apes; instead, they vary according to the particular purpose for which an ape is possessed. In the U.S., captive apes are generally possessed for use as pets, scientific research subjects, for exhibition or other commercial purposes, or they are retired and live in sanctuaries. The remainder of this section discusses how the state’s laws affect apes that are possessed for those purposes.

A. Possession of Great Apes as Pets

Pursuant to Michigan’s Natural Resources and Environmental Protection Act, it is illegal to take, possess, transport, import, export, process, sell, offer for sale, buy, offer to buy, or receive for shipment, any species of wildlife that is listed as threatened or endangered under the Federal Endangered Species Act (ESA),[60] except pursuant to a permit issued by the U.S. Fish and Wildlife Service (FWS), or pursuant to an applicable permit issued by another state. All species of apes are listed as either threatened or endangered under the ESA, and it is illegal to conduct any of the aforementioned activities with any ape in Michigan without such a  permit. The permit exemption does not include apes that were born in Michigan, regardless of whether a person possesses a federal or state permit to possess those animals. So, it is illegal to transport, possess, or sell any ape that was born in Michigan for any purpose, including for use as pets. Therefore, in order to legally possess an ape as a pet in Michigan, a person would have to obtain the animal from another state and possess an “applicable” permit issued by another state (because FWS does not issue federal permits to import, transport, or sell apes for use as pets). However, federal laws make it illegal to transport many apes across state lines for commercial purposes without a FWS permit, so even with an “applicable” permit issued by another state, a person still may be unable to actually import that animal into Michigan legally. The Michigan Department of Natural Resources and Environment (DNR) is responsible for ensuring that apes are not imported, transported, possessed, bought, or sold for use as pets in violation of the Natural Resources and Environmental Protection Act..  

B. Possession of Great Apes for Biomedical Research

In Michigan, it is illegal to take, possess, transport, import, export, buy, sell, or receive for shipment, any species of wildlife that is listed as threatened or endangered under the Federal Endangered Species Act (ESA),[61] except pursuant to a permit issued by the U.S. Fish and Wildlife Service (FWS) or pursuant to an “applicable” permit issued by another state. All species of apes are listed as either endangered or threatened under the ESA, so based upon a strict reading of those laws, it is illegal to import, possess or maintain any apes for research purposes, except as authorized by one of those permits. The permit exemption does not apply to apes that were born in Michigan, so it is illegal to transport, possess, or sell those apes, for scientific research or any other purpose, regardless of whether a facility holds a federal or state permit for those animals. Also, FWS does not issue permits for captive chimpanzees that have been born in the United States since 1976.Otherwise, that agency may issue permits to import, transport, sell, or “take” other chimpanzees and all other species of apes for scientific research under limited circumstances. For more information on the issuance of permits by FWS pursuant to the Endangered Species Act, see the discussion of the Federal Endangered Species Act. The Michigan Department of Natural Resources and Environment (DNR) is responsible for ensuring that any research facility that imports, possesses, transports, buys, sells, or “takes” any ape for research purposes has a valid U.S. Fish and Wildlife permit (or an “applicable” permit issued by another state) authorizing those activities.  

The Michigan Department of Agriculture (MDA), Animal Industry Division (AID) regulates the importation of apes for research purposes. Any ape that is imported pursuant to a FWS permit must be accompanied by an interstate health certificate or certificate of veterinary inspection certifying that the animal is free from infectious disease.[62] In addition, any facility that is permitted to import any exotic or wild animal, including an ape, must comply with MDA’s approved standards for the housing, feeding, restraining, and care of those animals.[63]

Any facility that maintains or uses Great Apes for scientific research is regulated by the Michigan Department of Community Health, Bureau of Laboratories (MDCH). As discussed in Section II(B)(iii) above, it is illegal for any research facility within the state to maintain or use any ape for experimental purposes without being registered with MDCH. In addition to registering those facilities, MDCH is responsible for inspecting the facilities to ensure compliance with the Public Health Code and the agency’s rules and standards for the maintenance and use of apes for scientific research. Any violation of the relevant provisions of the Public Health Code is a misdemeanor, and MDCH may revoke a facility’s registration for uncorrected violations.

Although the state’s anti-cruelty statutes, as discussed in Section II(A) above, make it a felony to knowingly, “kill, torture, mutilate, maim, or disfigure” apes, there is an exemption for the lawful killing or use of those animals for scientific research.[64] However, because all species of apes are listed as endangered or threatened under the Federal Endangered Species Act, Michigan’s Natural Resources and Environmental Protection Act makes it illegal to “take” (meaning harm, wound, or kill)[65] those animals without a permit issued by FWS (or an “applicable” permit issued by another state). That law applies to research facilities; as a result, it is illegal to use apes in any scientific experiments that involve harming, wounding, or killing those animals, except pursuant to a  permit that authorizes those activities. The Michigan Department of Natural Resources and Environment (DNR) is responsible for ensuring that research facilities do not harm, wound, or kill apes without a valid permit authorizing the “take” of those animals.

C. Possession of Great Apes for Entertainment and Other Commercial Purposes

The commercial use of apes generally includes breeding, sale, display, and exhibition of those animals. Pursuant to Michigan’s Natural Resources and Environmental Protection Act, it is illegal to take, possess, transport, import, export, buy, sell, or receive for shipment any ape[66] for commercial purposes, except as authorized by a U.S. Fish and Wildlife Service (FWS) permit, or pursuant to an “applicable” permit issued by another state. The permit exemption does not apply to apes that were born in Michigan, so it is illegal to transport, possess, or sell those apes, for exhibition, sale, or other commercial purposes, regardless of whether a facility holds a federal or state permit for those animals. Also, FWS will not issue permits to breed or sell apes for use as pets, nor will the agency  issue permits for captive chimpanzees that have been born in the United States since 1976. Otherwise, FWS may issue permits to import, transport, breed, sell, or “take” other chimpanzees and all other species of apes for commercial purposes under limited circumstances. For more information on the issuance of permits by FWS pursuant to the Endangered Species Act, see the discussion of the Federal Endangered Species Act. The Michigan Department of Natural Resources and Environment (DNR) is responsible for ensuring that any person or facility that imports, possesses, transports, buys, sells, or “takes” any ape for commercial purposes has a valid U.S. Fish and Wildlife permit (or an applicable permit issued by another state) authorizing those activities.  

The Michigan Department of Agriculture (MDA), Animal Industry Division (AID) regulates the importation of apes for commercial purposes. Any ape that is imported pursuant to a FWS permit must be accompanied by an interstate health certificate or certificate of veterinary inspection certifying that the animal is free from infectious disease.[67] In addition, any individual or facility that is permitted to import any exotic or wild animal, including an ape, must comply with MDA’s approved standards for the housing, feeding, restraining, and care of those animals. [68]

Michigan’s anti-cruelty statutes, as discussed in Section II(B) above, generally protect apes that are possessed for entertainment and other commercial purposes.  According to those laws, apes must be given “sufficient” food, water, shelter, sanitary conditions, exercise, and medical care in order to maintain the animals “in a state of good health.”[69] The requirement for the provision of sufficient exercise is particularly important because the Federal Animal Welfare Act (AWA), which also regulates the treatment of apes that are possessed for commercial purposes, does not expressly mandate that apes be given “sufficient” exercise. So, this requirement affords apes a higher standard of care than the AWA provides. Also, the state’s anti-cruelty laws include minimum standards for the transportation of apes in vehicles. All apes must be transported in secure enclosures or cages that are large enough for the animals to stand, turn around, and lie down.[70] The state’s law requires larger transport cages than the AWA, which mandates that cages be just large enough for apes to turn around freely and sit up without their heads hitting the top of the cage.[71] The AWA also allows larger apes to be more restricted in transport cages for the safety of the animals, handlers, or other humans. Such cages, although in compliance with the AWA, are not in compliance with the state’s law, so individuals and facilities that transport apes in vehicles within Michigan must utilize transport cages or enclosures that meet the larger minimum size requirements of the state’s law.

Both the anti-cruelty statutes and the Natural Resources and Environmental Protection Act[72] (discussed in Section II(B)(i), above) protect apes from being overworked or physically abused. The former law makes it illegal to cruelly drive, work, beat, torture, mutilate, maim, or disfigure any ape. The latter law makes it illegal to “take” (meaning harm, wound, or kill)[73] all species of apes without a permit issued by the U.S. Fish and Wildlife Service[74] (or an “applicable” permit issued by another state). These laws may be used to protect apes that are overworked or that are trained or induced to perform for public entertainment with chemical, electrical, mechanical, and manual devices that inflict physical or psychological injuries.

D. Possession of Great Apes by Sanctuaries

In Michigan, there are no state-level laws that define or regulate wild or exotic animal sanctuaries. This means that any facility can label itself a “sanctuary,” regardless of whether it operates for profit or maintains apes for commercial purposes. Any facility that calls itself a “sanctuary” is subject to the same laws and regulations as facilities that use apes for commercial purposes (discussed in Section III(C) above).

 

IV. Local Ordinances 

Certain provisions within Michigan’s state statutes authorize counties and local municipalities to prohibit or regulate the local possession and use of Great Apes, regardless of whether a would-be possessor has secured a federal permit to keep those animals.[75] There are many local ordinances in Michigan that directly and indirectly govern the possession, use, and treatment of apes. The following list of ordinances is not exhaustive; rather, it is a partial list of local laws that demonstrates how some towns, cities, and counties in Michigan have addressed the issue.

Addison Township 6-34: It is illegal to possess or maintain Great Apes within the township. The ban does not apply to certain zoos, circuses, and pet shops. (Ord. No. 103, § 5.00, 7-2-1990)

Allegan County 1008.01 et seq.: It is illegal to keep any “exotic animal” in the county. (Animal Control Ord. §  903)

Ann Arbor 9:38: It is illegal to keep or house Great Apes within the city limits. (Ord. No. 29-85, 8-5-85; Ord. No. 16-88, § 1, 4-18-88; Ord. No. 08-19, § 1, 6-2-08, eff. 8-7-08)

Armada 96-4: It is illegal to keep or house Great Apes within the village limits. (Code 1980, § 9.34)

Auburn Hills 14-2: It is illegal to keep Great Apes in any residential zone. The ban does not apply to a properly zoned retail business. (Ord. No. 765, § 1, 3-20-06)

Aurelius Township 16-249: It is illegal to keep Great Apes within the township. (Ord. No. 39, art. 5, § 5.10, 2-12-2002; Ord. No. 39.01, § 1, 6-10-2003)

Bad Axe 3-51 et seq.: It is illegal to import, buy, sell, or possess a Great Ape within the city limits. The ban does not apply to zoos, educational or scientific institutions, museums, circuses, animal exhibitions, and pet shops.

Baroda 6-3: It is illegal to keep or harbor “wild or exotic” animals within the city limits. (Ord. No. 145, § 35.152, 2-5-2007)

Bath Township 15.23: A special use permit is required to possess a Great Ape. Permitees must comply with local regulations regarding liability insurance, zoning, and confinement. The permit requirement and regulations do not apply to certain zoos, circuses, and laboratories. (Ord. No. 31.18, 3-23-1997)

Berkley 22-5: It is illegal to harbor or house any animal that is not commonly classified as a pet. (Code 1981, § 5-4)

Birch Run 90.03: It is illegal to own or harbor any Great Ape. (1992 Code, § 60.003)  (Ord. 2-95, passed - - 1995) 

Birmingham 18-8: It is illegal to keep or house any animal that is not commonly classified as a pet. (Code 1963, § 9.64)

Blissfield 111.004: It is illegal to keep, house, harbor, or maintain any Great Ape within the village limits. The ban does not apply to medical and educational institutions and licensed veterinary hospitals. (Adopted: 12-23-91)

Bloomfield Hills 3-71 et seq.: It is illegal to possess or maintain any “dangerous animal,” which includes apes, within the city limits. The ban does not apply to certain accredited zoos and licensed circuses, subject to local regulations. (Ord. No. 301, § 1, 8-12-97)

Boyne City 6-1: It is illegal to keep or confine any animal that is not commonly classified as a pet. (Comp. Ords. 1986, §§ 35.151, 35.154, 35.254)

Brighton Township 5-4: It is illegal to possess Great Apes in the township under any circumstances. The ban does not apply to apes that are being transported through the township on a public highway. (Ord. No. 110, § 1, 6-7-94)

Brownstown Township 133.810: It is illegal to possess, breed, exchange, buy, sell, or attempt to harbor Great Apes within the township. (Amended by: Ord. No. 173-5 adopt. July 3, 2000)

Burton 133.05: It is illegal to keep, harbor, or own any Great Ape. The ban does not apply to AZA accredited zoos, wildlife sanctuaries, nature preserves, circuses, and scientific, medical, or educational research facilities.

Byron Township 8-6: It is illegal to keep Great Apes as pets. Those animals may be possessed by public zoos, licensed circuses, and persons licensed by the state to temporarily harbor or treat the apes, subject to issuance of a wild animal permit by the director of the zoo. (Comp. Ords. 2000, § 120.006; Ord. No. 236, art. VI, 6-26-1989)

Cadillac 6-51: It is illegal to own or possess Great Apes for display, training, or exhibition purposes. The ban does not apply to USDA licensed exhibitors; 6-52: It is illegal to conduct or attend any event in which Great Apes engage in unnatural behavior, are mentally or physically harassed, are displayed in such a way as to cause mental or physical stress, or are induced to perform using “chemical, mechanical, electrical, or manual devices in a manner that will cause or is likely to cause physical injury or suffering.” (Prior Code, § 9.176; Ord. No. 90-23, 11-5-1990; Ord. No. 91-16, 12-2-1991)

Carrollton Township 66-89: “Wild, ferocious or undomesticated and untamed” animals may not be confined on any parcel in the city. The ban does not apply to licensed zoos, menageries, circuses, veterinary clinics, or laboratories. (Ord. of 5-30-2000, § 402; Ord. No. 2003-01Z, § I, 2-3-2003)

Cedar Springs 8-1: It is illegal to keep or house any animal that is not commonly classified as a pet. (Code 1961, § 31.4; Code 1994, § 14-1)

Center Line 10-32: It is illegal to possess, breed, exchange, buy, sell, or attempt or offer to buy or sell Great Apes within the city limits. The ban does not apply to Association of Zoos and Aquariums (AZA) accredited zoos, wildlife sanctuaries, circuses, and scientific or educational facilities.

Charlotte 10-4: It is illegal to keep or house any animal that is not commonly classified as a pet. (1993 Code, § 10-4)

Cheboygan 90.01: It is illegal to keep any animal that is not commonly kept as a pet within 500 feet of any dwelling, street, alley, or public place. (`73 Code, 35.182, § 9.52)

Chesterfield Township 10-51 et seq.: It is illegal to possess, own, breed, purchase, sell, offer for purchase or sale, keep, or maintain any Great Ape within the township limits. The ban does not apply to certain AZA accredited zoos, pet shops, circuses, wildlife sanctuaries, and scientific or educational facilities, subject to local regulations. (Ord. No. 118, § 1 et seq., 4-17-00)

Clare 8-5, 8-14: It is illegal to keep or house any animal that is not commonly classified as a pet. It is also illegal to keep Great Apes for display or exhibition purposes. The ban does not apply to zoos, circuses, and performing animal exhibitions. (Code 1985, § 9.65; Code 1985, § 9.74)

Clawson 14-3: It is illegal to keep or maintain “dangerous animals,” which by definition includes Great Apes, within the city limits. (Code 1978, §§ 6-16--6-19)

Clayton Township 4.15: It is illegal to keep any “wild animal” (not a domestic animal or not a usual pet) within the township.

Clinton Township 610.02: It is illegal to possess, breed, exchange, buy, sell, or attempt to buy or sell any Great Ape. The ban does not apply to AZA accredited zoos, wildlife sanctuaries, nature preserves, circuses, and scientific, medical, or educational research facilities. (Ord. 280.  Passed 6-12-89.)

Cohoctah Township 16.48: It is illegal to possess, breed, exchange, buy, sell, or attempt to buy, sell, or exchange “exotic or wild” animals. The ban does not apply to AZA accredited zoos, and certain circuses, scientific institutions, and research facilities. (Amd. No. 28, § 1, 3-14-1996)

Commerce Township 10-6: It is illegal to own, harbor, or maintain any Great Ape within the township. The ban does not apply to “museum or demonstration project[s] operated by governmental entities or bona fide nonprofit or charitable institutions,” veterinary hospitals, and animal shelters. (Ord. No. 91-02-00, §§ 4,7, 6-11-2002)

Constantine 10-4: It is illegal to keep, harbor, breed, or raise animals other than common household pets. The ban does not apply to zoos, transient animal exhibitions, circuses, or veterinary hospitals. (Ord. No. 211, § 4, 8-7-00)

Davison 612.02: It is illegal to keep or house any animal that is not commonly classified as a pet. 

Dearborn 4-1 et seq.: A local permit is required to possess Great Apes, and permittees must comply with local health, safety, welfare, and zoning regulations. (Ord. No. 81-69, § 2.3, 11-4-81; Ord. No. 90-489, 5-1-90 )

Dearborn Heights 6-66: It is illegal to keep or house any animal that is not commonly classified as a pet. (Code 1969, § 9.87)

Delhi Township 9-3: It is illegal to keep, sell, board, house, possess, or maintain any “wild, nondomesticated or untamed” animal within the township. The ban does not apply to circuses, zoos, menageries, and laboratories. (Ord. No. 79.1, § 3, 7-21-92; Ord. No. 79.2, § 1, 5-19-98)

Detroit 6-1-3: It is illegal own, harbor, keep, maintain, or transfer any “wild animal” within the city limits. The ban does not apply to certain zoos, circuses, or laboratories, subject to local approval and regulations. (Ord. No. 04-04, § 1, 1-30-04)

DeWitt 10-3, 78-653, 78-37: It is illegal to keep Great Apes within the city limits. (Ord. No. 122, § 2, 9-20-1998)

Durand 10-4: It is illegal to keep or house any animal that is not commonly classified as a pet. (Code 1977, § 9.44)

East Lansing 4-4: It is illegal to keep or house any animal that is not commonly classified as a pet. (Code 1994, ch. 107, § 9.95; Ord. No. 1141, 12-5-2006; Ord. No. 1169, 2-20-2007; Ord. No. 1217, 3-3-2009)

Eastpointe 610.16: It is illegal to shelter, exhibit, market, raise, harbor, breed, maintain, or have any wild or exotic animal in the city limits. The ban does not apply to animals being transported through the city, licensed veterinary hospitals, and certain medical or educational institutions.  (Ord. 1015.  Passed 10-6-09)

Eaton Rapids 5-4: It is illegal to keep or house any animal that is not commonly classified as a pet in residential and commercial districts. (Code 1966, § 9.4)

Farmington 35-158(x): Veterinary hospitals and animal training facilities may not treat or train wild or exotic animals. (Ord. No. C-691-2002, § 12.08, 9-16-02; Ord. No. C-698-2003, § 16(12.08), 12-1-03; Ord. No. C-701-2005, § 9, 3-7-05; Ord. No. C-713-2006, § 8, 1-17-06)

Fenton 5-4, 36-2.16, 36-28.02, 36-14.06: It is illegal to keep or harbor any Great Ape within the city limits. The ban applies to veterinary hospitals, which may not treat those animals. (Code 1967, § 3-204, Ord. No. 622, § 2.16, 6-28-04; Ord. No. 643, § 2, 1-14-08 )

Ferndale 12-117: It is illegal to house or maintain any animal that is “not usually admitted to living quarters.” (Ord. No. 899, Pt. VII, 10-12-98)

Flat Rock 14-4: It is illegal to keep or house any animal that is not commonly classified as a pet. (Code 1979, § 9.94)

Flint 9-23 et seq.: It is illegal to keep Great Apes within the city limits. The ban does not apply to the possession of apes for scientific, educational, or bona fide exhibition purposes. (Ord. 2934, passed 1-28-85)

Flint Township 6-14.2: It is illegal to keep, harbor, own, or possess any Great Ape within the township. However, any person in possession of a state DNR permit or a U.S. FWS license or permit for such an animal shall be allowed to keep the ape specified in the permit or license. The permit or license shall not be amended to include any additional prohibited animals. (Ord. No. VI, § 6.14-2, 2-21-2006)

Fowler 90.07: It is illegal to own or possess any animal which, because of its size, vicious propensity or other characteristics, could constitute a danger to human life or property. (Ord. 6, passed 9-14-81; Am. Ord. 6A, passed 1-5-96)

Fraser 5-23: It is illegal to harbor, possess, breed, exchange, buy, or sell Great Apes within the city limits. The ban does not apply to AZA accredited zoos, wildlife sanctuaries, circuses, or scientific and educational facilities. (Ord. No. 304, § 1, 12-14-2000)

Galesburg 10-2: It is illegal to keep or maintain a Great Ape within the city limits. The ban does not apply to publicly maintained and supervised zoos, licensed circuses and educational institutions. (Code 1986, § 9.72)

Garden City 90.03: It is illegal to keep or house any animals that are not commonly classified as pets and customarily kept or housed inside dwellings as household pets. (‘83 Code, § 90.04)

Gibraltar 4-10: It is illegal to own, keep, shelter, harbor, or take care of any ape within the city limits. The ban does not apply to zoos, circuses, and performing animal exhibitions. (Code 1977, § 5-9; Ord. No. 192, 12-21-1992)

Gladwin 91.02: It is illegal to keep, harbor, own, or possess any Great Ape within the city limits. (Ord. 190, passed 12-21-92)

Grand Rapids 8.505, 8.582, 5.16.02: It is illegal to keep or possess any animal that is not a “domestic animal” or a farm animal. Great Apes are not included within either exemption and so are banned within the city limits. Additionally, it is illegal for any facility to breed, raise, train, sell, or treat apes. 

Grosse Pointe 10-4: It is illegal to keep or house any animal that is not commonly classified as a pet. (Code 1980, § 9.84)

Grosse Pointe Shores 4-1, 4-5: It is illegal to own, keep, harbor, or possess any “dangerous animal” (defined as “any wild or exotic mammal … which is not generally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature or other characteristics, would constitute a danger to persons or property”) within the village. (Ord. No. 183, § A, 9-15-1992; Code 1992, § 3-1)

Groveland Township 54-31, 54-1111 et seq.: It is illegal to harbor, possess, keep, shelter, breed, sell, trade, barter, or exchange any ape. The ban does not apply to certain veterinary clinics, nonresident circuses and fairs, academic or educational exhibitors, and pet shops, subject to local regulations. (Ord. No. 168, § 54-1404, 11-9-2009)

Harper Woods 4-2: It is illegal to keep any animal that is not commonly classified as a pet within five hundred (500) feet of any dwelling, street, alley, or public place. (Code 1962, § 4-402; Ord. No. 300, § 1, 3-16-81)

Harrison 35.001: It is illegal to keep, harbor, own, or possess a wild, exotic, dangerous, or undomesticated animal that is not customarily used as an ordinary household pet, “but one which would ordinarily be confined in a zoo or one which would ordinarily be found in the wilderness of this or any other country or one which otherwise causes a reasonable person to be fearful of bodily harm or property damage.” (Ord. no. 6-1988 adopt. Nov. 21, 1988)

Harrison Township 14-75: It is illegal to own, keep, maintain, or possess any Great Ape within the township. The ban does not apply to certain zoos, circuses, pet shops, menageries, museums, and scientific or medical institutions, subject to local regulations. (Comp. Ords. 1988, § 35.251 et seq.)

Hastings 90-1, 90-835: It is illegal to keep Great Apes within the city limits. (Ord. No. 301, § 3(3.49J), 2-10-97)

Highland Township 6-1 et seq.: It is illegal to maintain any “wild or undomesticated animal which is not of a species customarily used as an ordinary household pet, [and]…would ordinarily be confined to a zoo, or…found in the wilderness of this or any other country … [and] would cause a reasonable person to be fearful of bodily harm or property damage.” (Ord. No. 346, § 3, 12-22-86; Ord. No. 360, § 1, 8-25-93; Ord. No. 365, § 2, 1-11-95)

Hillsdale 4-101 et seq.: A local permit is required to possess a Great Ape; permittees are subject to local regulations. (Code 1979, § 6.12.010)

Holland 4-3: It is illegal to keep or house any animal that is not commonly classified as a pet. (Ord. No. 804; Ord. No. 823)

Holly Township 32-6, 32-145: It is illegal to maintain a Great Ape within the township. (Ord. No. 50, § 5.15, 11-17-1992; Ord. of 8-15-1995)

Howell 606.02: It is illegal to keep any Great Ape as a pet. The city council may grant exemptions to the ban, subject to various local requirements. (Ord. 677.  Passed 7-20-98)

Hudsonville 5-2: It is illegal to own, possess, harbor, shelter, or keep any “wild animal” (defined as an animal “which has not traditionally lived under the dependency and control of humans or been kept as a tame pet; or … which is of a nature or disposition or which, because of its size, vicious nature, or other characteristic, could constitute a danger to property or person”). (Ord. No. 153, § 1, 11-10-92; Ord. No. 96-189, § 1, 1-14-97; Ord. No. 06-257, § 1, 4-11-06)

Huntington Woods 4-4: It is illegal to keep or house Great Apes within the city limits. The ban does not apply to zoos. (Code 1988, § 9.38; Ord. No. 423, § 1, 5-19-1998)

Independence Township 50-852: It is illegal to maintain any “wild animal” (defined as one “that is not customarily domesticated and customarily devoted to the service of mankind”) in the township. The ban does not apply to approved zoos and wildlife preserves. (Ord. No. 83, § 5.19, eff. 1-18-1975; Ord. of 2-17-1987, eff. 2-25-1987)

Ionia 608.04: It is illegal to keep or house any animal that is not commonly classified as a pet. (1975 Code § 9.104)

Ironwood 6-4: It is illegal to possess, keep, or maintain any “wild or exotic” animal within the city limits.

Kalamazoo 7-7: It is illegal to keep or maintain any ape within the city limits. The ban does not apply to publicly maintained and supervised zoos, and certain circuses, educational institutions, and medical or pharmaceutical laboratories.

Laketown Township 38-240: The keeping of a Great Ape is considered a “special land use,” which requires authorization by the planning commission. (Ord. No. 16, § 7.02, 3-4-1981; Ord. No. 45, § 3, 4-10-1991; Ord. No. 59, §§ 10—12, 11-11-1992; Ord. No. 105, § 12, 5-12-1999)

Lathrup Village 10-3: It is illegal to own, possess, keep, or harbor any animal that is not commonly classified as a household pet. (Code 1991, art. V, ch. 2, § 301)

Leslie 10-2: It is illegal to keep or maintain any animal that is not a “common household pet,” or that is “inherently dangerous to life and limb” in any residential or commercial district of the city. (Code 1973, § 3-2)

Lincoln Park 610.02: It is illegal to keep or house any Great Ape within the city limits. The city council may, by resolution, allow a non-profit organization to possess an ape within the city limits for no more than 30 days if the temporary keeping of such animals is not contrary to the public health, safety and welfare, and that the reason for the request is reasonably related to such organization's purposes. (Res. 92-356. Passed 5-18-92)

Livonia 8.24.050: It is illegal to keep, harbor, possess, or confine any “wild animals” or “creatures the nature of which, inherently when not confined, do constitute a danger, hazard or nuisance to the public health, safety and comfort.” (Prior code § 3-105)

Lyon Township 8-2: It is illegal to own, possess, or keep any wild, vicious, exotic, or undomesticated animal as a pet or for display or exhibition purposes. (Ord. No. 41A-92, art. III, § 3.01, 10-5-1992); 8-3: It is illegal to conduct, sponsor, attend, or train any “wild animal” to participate in any event in which the animal engages in unnatural behavior, is mentally or physically harassed, abused, or stressed, or is induced to perform using any chemical, mechanical, electrical, or manual device that is likely to hurt or injure the animal. (Ord. No. 41A-92, art. III, § 3.02, 10-5-1992); 8-5: The prohibitions do not apply to accredited zoos, licensed circuses, and persons licensed to temporarily treat injured animals. (Ord. No. 41A-92, art. III, § 3.04, 10-5-1992)

Madison Heights 5-4: It is illegal to possess, breed, harbor, exchange, buy or sell any Great Ape. (Ord. No. 1072, § 1, 12-14-09)

Marine City 94.08: It is illegal to keep, harbor, display, offer for sale, sell, or purchase any Great Ape within the city limits. The ban does not apply to certain zoos and circuses or to licensed individuals and facilities that temporarily harbor the animals pending placement in a permanent facility; 94.09: It is illegal to conduct an exhibition in which any ape is induced to perform using chemical, mechanical, electrical, or manual devices which are likely to hurt or injure the animal. (Ord. 91-8, passed 10-7-1991)

Marquette 8-5: It is illegal to own or harbor any Great Ape within the city limits. (Code 1999, § 28.03)

Marysville 9.64: It is illegal to keep or house any animal that is not commonly classified as a pet. Ord. No. 403, 6-27-05

Middleville 14-177: It is illegal to keep, maintain, or display any “wild animal” in any residential district or dwelling. A local permit is required to possess such animals in other districts within the village. The permit requirement does not apply to zoos and circuses.

Milford 14-33: It is illegal to house or keep Great Apes within the village. (Ord. No. 231-073, § 3, 10-7-02)

Montrose 15.14: It is illegal to keep any animal that is not normally considered a household pet.

Morenci 5-4: It is illegal to keep, house, harbor, or maintain any Great Ape within the city limits. (Ord. No. 193, § 93.2, 9-13-93; Ord. No. 01-243, 12-10-01; Ord. No. 06-289, § 1, 9-11-06)

Mount Clemens 35.271: It is illegal to keep or own any animal “which due to size, vicious nature or other characteristics would constitute a danger to human life or physical well-being or to animals.” The ban does not apply to veterinary hospitals and commercial establishments that possess those animals for sale or display, subject to local regulations. (Ord. eff. Aug. 13, 2009)

Muskegon Heights 14-1 et seq.: It is illegal to own, keep, or harbor any Great Ape within the city limits. The ban does not apply to certain zoos, educational or medical institutions, museums, circuses, live animal shows, veterinary hospitals, and commercial establishments that possess those animals for sale or display, subject to local approval and registration. (Ord. No. 98-517, 7-27-98; Ord. No. 03-542, 4-28-03)

New Baltimore 8-6: It is illegal to keep or house any animal that is not commonly classified as a pet. (Code 1981, § 9.65)

Newaygo 6-3: It is illegal to keep, breed, or possess any “exotic, nondomestic, or dangerous animal.” The ban does not apply to certain temporary circuses. (Code 1980, ch. 103, § 9.51; Ord. No. 06-13, § 1, 8-14-2006)

Niles 10-1 et seq.: It is illegal to keep Great Apes within the city limits. (Code 1985, §§ 5-18, 5-19)

North Muskegon 6-114: It is illegal to keep Great Apes within the city limits. (Ord. No. 516, § 15, 10-15-2007)

Northville 10-12: It is illegal to own, possess, or harbor Great Apes within the city limits. (Code 1980, § 4-424)

Norton Shores 6-82 et seq.: It is illegal to own, keep, or harbor apes within the city limits. The ban does not apply to certain zoos, museums, medical and educational institutions, circuses, live animal shows, veterinary hospitals, and commercial establishments that use those animals for sale or display, subject to local regulations. (Code 1975, § 22-0 et seq.; Ord. No. 510, § 2, 5-19-1992)

Novi 5-1: It is illegal to own or possess “any wild mammal…which is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature or other characteristics could constitute a danger to human life or property,” or “any domestic mammal…which, because of its size or vicious propensity or other characteristics, could constitute a danger to human life or property.” The ban does not apply to the possession of those animals for display or exhibition or for security purposes, subject to local regulations. (Ord. No. 84-108.02, § 6.01, 4-9-84; Ord. No. 95-108.03, Pt. I, 5-15-95)

Oak Park 14-5: It is illegal to keep or house any animal that is not commonly classified as a pet, and “customarily kept or housed inside dwellings as household pets.” (Code 1973, § 6-5)

Owosso 5-4: It is illegal to keep or house any animal that is not commonly classified as a pet. (Code 1977, § 9.124)

Pavilion Township 200.201, 200.611: It is illegal to keep non-native, “exotic” animals in the township. The ban does not apply to zoos and similar wildlife preserves. (Ord. No. 93, 8-13-90; Ord. No. 105, 5-8-95; Ord. No. 123, 11-12-01; Ord. No. 133, 6-1-04; Ord. No. 136, 7-11-05; Ord. No. 143, § 1, 11-12-07)

Paw Paw 42-407: It is illegal to keep any animal that is not a “domestic household pet” within the village. (Ord. No. 394, § 14.7, 7-14-2003)

Pennfield Township 6-1: It is illegal to keep or display any live Great Ape within the township. The ban does not apply to zoos and other places where wild animals are kept for public showing. (Ord. No. 109-04-00, §§ 2--4, 4-11-2000)

Pickney 90.01: It is illegal to keep or confine any Great Ape within the village limits. The village council may grant a special permit to keep an ape if it determines that the granting of permission will not be detrimental to the health, safety and welfare of any of the inhabitants of the village.  (Ord. 13, passed 5-1-1969)

Plymouth 14-4: It is illegal to keep or house any animal that is not commonly classified as a pet. (Ord. No. 99-9, 6-21-99)

Redford Township 18-14: It is illegal to own, possess, or harbor any Great Ape within the township. (Ord. No. 150-D, 3-22-05)

Richmond 14-34, 14-35: It is illegal to possess, breed, exchange, buy sell, or attempt to buy or sell any Great Ape. The ban does not apply to certain AZA accredited zoos, wildlife sanctuaries, circuses, and scientific or educational research facilities. (Ord. No. 122, §§ 3-4, 8-7-89)

Riverview 10-3: It is illegal to own, keep, have charge of, shelter, feed, harbor, or take care of any Great Ape within the city limits. The ban does not apply to zoos, circuses, and performing animal exhibitions. (Code 1978, § 5-10); 10-39: It is illegal to conduct an exhibition in which any ape is induced to perform using chemical, mechanical, electrical, or manual devices which are likely to hurt or injure the animal. (Code 1978, § 5-11)

Rochester 8-5: It is illegal to keep or house any animal that is not commonly classified as a pet. (Ord. No. 1991-15, 8-12-1991; Code 1982, § 9.2-4)

Rogers City 32-64: It is illegal to keep or house any animal that is not a common household pet.

Romeo 4-1: It is illegal to keep Great Apes within the village limits. (Code 1993, § 35.251)

Roosevelt Park 6-15: It is illegal to keep any Great Ape within the city limits. The ban does not apply to licensed zoos. (Ord. No. 05-12, § 15, 11-7-2005)

Saline 5.13: It is illegal to keep, possess, or harbor “undomesticated animals of a wild or feral nature, or larger than a house cat.” (Ord. No. 679, § 1, 11-22-04)

Sault Ste. Marie 7-81: It is illegal to possess or maintain any Great Ape within the city limits. The ban does not apply to certain AZA accredited zoos, pet shops, circuses, schools, and individuals that are lawfully caring for injured animals, subject to local regulations. (Ord. No. 397-95, § 1, 10-2-95)

Schoolcraft 14-1: It is illegal to keep wild or exotic animals in any residential zone of the village. (Ord. No. 214, art. I, 10-6-08)

Scio Township 36-135: It is illegal to maintain any “wild animal” within the township. The ban does not apply to approved wildlife preserves. (Ord. No. 275, § 6.09, 10-21-2003; Ord. No. 2007-02, § 1(6.09), 6-12-2007; Ord. No. 2009-01, § IV(B), 1-27-2009)

Shelby Township 6-3: It is illegal to keep a Great Ape in any residential area of the township. The restriction does not apply to certain wildlife sanctuaries, veterinary hospitals and circuses. (Code 1974, § 8-06.03.02; Ord. No. 236, 4-16-2002)

South Lyon 14-4: It is illegal to keep or house any animal that is not commonly classified as a pet. (Code 1988, § 9.74)

Southgate 610.13: It is illegal to keep animals, other than harmless domestic pets, within the city limits. (Ord. 820.  Passed 12-28-05)

Southfield 9.70: It is illegal to keep any “wild or exotic animal which is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature or other characteristics would constitute a danger to persons or property.” (Ord. No. 1095, § 1, 5-10-83; Ord. No. 1383, § 1, 9-18-95)

St. Clair 10-3: It is illegal to keep any “nondomesticated animal not normally or customarily kept as a household pet in an urban area, which, because of its size, disposition, demeanor or nature, has a propensity for harm, injury or danger to persons or property.” (Code 1975, § 3-5)

St. Clair Shores 35.060: It is illegal to keep, harbor, display, offer for sale, sell, or purchase any Great Ape. The ban does not apply to certain zoos, circuses, or temporary care and treatment facilities. (chap. 19 eff. Nov. 22, 1988)

St. Johns 92.06: It is illegal to own or possess any wild or domestic mammal which, because of its size, vicious nature or other characteristics could constitute a danger to human life or property. (1990 Code, § 9.86)

Sterling Heights 8-23: It is illegal to possess, breed, exchange, buy, or sell any Great Ape within the city limits. The ban does not apply to AZA accredited zoos, sanctuaries, circuses, or scientific research facilities. (1978 Code, § 6-13; Ord. No. 215-A, § 1, 12-19-89; Ord. No. 368, § 1, 3-18-03)

Stevensville 4-42: It is illegal to sell or trade Great Apes. (Code 1994, § 6-48; Ord. No. 93-1, §§ 122.010, 122.011, 3-25-1993)

Swartz Creek 3-1: It is illegal to keep, harbor, own, or possess any Great Ape within the city limits. (Ord. No. 246, § 2, 1-25-88)

Sylvan Lake 78-635: It is generally illegal to keep, raise, or breed any animal that is not commonly kept as a pet. The zoning board of appeals may grant a permit to keep otherwise prohibited animals. (Ord. No. 54A, § 16.38, 11-11-1987)

Taylor 5-2, 35-24: It is illegal to keep “wild or exotic” animals. The ban does not apply to facilities owned and operated by the city and certain academic institutions. (Ord. No. 75-52, § 7, 2-11-75; Ord. No. 87-165, § 7, 2-3-87; Ord. No. 88-196, 9-6-88; Ord. No. 94-270, 10-4-94)

Tecumseh 10-1: Written approval of the city manager is required to keep any chimpanzee or other Great Ape within the city. (Comp. Ords. 1982, § 4.520a.00)

Thomas Township 10-2-7: It is illegal to maintain any “wild or undomesticated animal” which is not an ordinary household pet, and is usually confined to a zoo, or one normally found in the wilderness of this or any other country, which would cause a reasonable person to be fearful of bodily harm or property damage. (Ord. 99-Z-01, 1-4-1999, eff. 2-12-1999)

Trenton 14-1; 14-51: It is illegal to keep any animal, other than one commonly kept as a “household pet,” within 300 feet of any dwelling, street, alley, or public place. It is the duty of every police officer and other duly appointed officials to promptly seize any animal that is harbored in violation of the ban. (Code 1974, § 6-1, § 6-9)

Walker 94-343: It is illegal to keep any animal, other than a “household pet” or “domestic animal” within the city limits. (Ord. No. 75-217, § 3, 4-22-75; Ord. No. 87-353, § 1, 10-13-87)

Warren 7-7: It is illegal to keep, harbor, possess, or care for any “dangerous animal” (defined as an animal that in “a wild state are carnivorous or which because of their nature or physical makeup are capable of inflicting serious physical harm or death to human beings.” The ban does not apply to certain zoos, exhibits, veterinary hospitals, scientific or educational institutions, laboratories, and animal refuges. (Ord. No. 80-342, § 1, 7-14-87; Ord. No. 80-538, § 3, 8-11-98)

Waterford Township 3-82: It is illegal to keep or maintain any Great Ape within the township. The ban does not apply to certain AZA accredited zoos, pet shops, circuses and individuals licensed to treat injured animals, subject to local regulations. (Ord. No. 154, § 6.00, 1-22-90)

Westland 18-4A: It is illegal to keep or sell “wild or exotic” animals within the city. The ban does not apply to licensed pet shops. (Ord. No. 167-A-6, § 3, 2-17-98)

Wixom 6.04.070: It is illegal to keep Great Apes as pets. (Ord. 05-04 § 1 (part), 2005)

Woodhaven 10-7: It is illegal to shelter, exhibit, market, raise, harbor, breed, maintain, or possess any Great Ape. The ban does not apply to certain medical or educational institutions, museums and facilities that display the animals for educational purposes. (Code 1974, § 3-7)

Ypsilanti 14-7: It is illegal to keep, own, or possess any Great Ape as a pet or for display, training, or exhibition purposes. The ban does not apply to AZA accredited facilities. (Ord. No. 1020, 12-6-2005; Ord. No. 1092, § 1, 3-3-2009)

                                                                                     



[2] Mich. Comp. Laws Ann. § 750.50; However, the anti-cruelty statutes do not protect Great Apes that are possessed for scientific research. Id; Mich. Comp. Laws Ann. § 750.50b.

[9] Mich. Comp. Laws Ann. § 750.50; Mich. Comp. Laws Ann. § 750.50b; A court may order permanent forfeiture of the animal victims before the final disposition of the criminal charge. Mich. Comp. Laws Ann. § 750.50.

[10] Mich. Comp. Laws Ann. § 324.101 et seq.

[14] U.S. Fish & Wildlife Service, Endangered Species Act: Permits for Non-native Species or Import and Export of Non-native and Native Species, available at http://www.fws.gov/international/DMA_DSA/pdf/esa.pdf (last visited Oct. 17, 2010).

[15] 50 C.F.R. § 17.40.

[20] Mich. Comp. Laws Ann. § 324.1602; Such prosecutions may take place in any court of competent jurisdiction in the county in which the violation occurred. The conservation officer appears on behalf of the people in lieu of a prosecutor. Id.

[22] Mich. Comp. Laws Ann. § 324.36507; Any conviction thereunder is punishable by up to 90 days imprisonment, a fine ranging from $100.00 - $1,000.00, or both. Id.

[25] Email from Michele Finateri, DVM, Program Manager, Michigan Department of Agriculture Animal Industry Division (Sept. 13, 2010) (on file with the author).

[27] The statutory text refers to any “wild animal or exotic animal species,” which includes Great Apes. Mich. Comp. Laws Ann. § 287.731.

[36] Id.

[37] Id.

[38] Id.

[39] Id.

[42] Mich. Comp. Laws Ann. § 287.340.

[43] Mich. Comp. Laws Ann. § 287.339b; See also, Mich. Comp. Laws Ann. § 287.333 et seq. (discussing general license and registration requirements for animal control facilities and animal protection shelters).

[44] Mich. Comp. Laws Ann. § 287.339b.

[47] Mich. Admin. Code R. 325.921; “Use of animals for experimental purposes” means use of animals for the diagnosis and treatment of human and animal diseases; the advancement of veterinary, dental, medical, and biological sciences; and the testing, diagnosis, improvement, and standardization of laboratory specimens, biologic products, pharmaceuticals, and drugs. Id.

[49] The Animal Research Advisory Board is a nine-member board organized within the Department of Community Health to regulate and establish standards for the humane use of animals in research. Mich. Comp. Laws Ann. § 333.2671 et.seq.

[51] “Person” means any individual, laboratory, firm, association, corporation, partnership, trust, estate, educational institution, or other legal entity. Mich. Admin. Code R. 325.921.

[52] Mich. Admin. Code R. 325.922. The regulations do not elaborate on the sort of “professional training” that is required in order for a person to qualify for registration.

[54] “Substantial conformance” is not defined or quantified within the regulations.

[55] Mich. Admin. Code R. 325.922; Guide for the Care and Use of Laboratory Animals, Dep’t of Health, Educ., and Welfare, no. (NIH) 78-23 (1978); Copies of the guide are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., (DHEW publication (NIH) 78-23, rev. 1978) at a cost of $2.20 or from the Michigan Department of Public Health, Bureau of Disease Control and Laboratory Services, 3500 N. Martin Luther King, Jr. Blvd., P.O. Box 30035, Lansing, Michigan 48909 at a cost of $2.20. Mich. Admin. Code R. 325.925.

[59] Mich. Comp. Laws Ann. § 333.1299.

[63] 1994 Mich. Pub. Acts 41.

[68] 1994 Mich. Pub. Acts 41.

[69] Mich. Comp. Laws Ann. § 750.50; This provision includes a clause which states that it does not prohibit the lawful use of animals by zoological parks (which are not defined). It is unclear whether the failure of zoological parks to provide adequate care would be considered a violation or would be considered a lawful use under this provision. Mich. Comp. Laws Ann. § 750.50(11)(d).

[70] Mich. Comp. Laws Ann. § 750.50; This provision includes a clause which states that it does not prohibit the lawful use of animals by zoological parks (which are not defined). It is unclear whether the failure of zoological parks to transport apes in cages that meet the minimum size requirements would be considered a violation or would be considered a lawful use under this provision. Mich. Comp. Laws Ann. § 750.50(11)(d).

[71] 9 C.F.R § 3.87.

[72] Mich. Comp. Laws Ann. § 324.101 et seq.

[74] This law applies to all animals that are listed as threatened or endangered under the Federal Endangered Species Act. All species of apes are listed as either threatened or endangered. Mich. Comp. Laws Ann. § 324.36501.

[75] Mich. Comp. Laws Ann. § 91.1; Mich. Comp. Laws Ann. § 41.181; Mich. Comp. Laws Ann. § 42.15; Mich. Comp. Laws Ann. § 46.11; Mich. Comp. Laws Ann. § 117.4i; Mich. Comp. Laws Ann. Const. Art. 7 § 22; Mich. Comp. Laws Ann. Const. Art. 7 § 2.

 

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