Author Topic: Bah! Humbug!  (Read 361 times)

Rastus

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Re: Bah! Humbug!
« Reply #20 on: December 28, 2025, 06:10:09 AM »
Not a lawyer and this is not legal advice.  Below is what I could find on Michigan laws on dangerous animals.  If it is correct and current.  On the basis of the text of the "laws" shown below it seems as though the animal could be a "dangerous animal" and that a complaint will legally force the court to make the owner turn the dog in as a "dangerous animal" to an animal control authority at the owners expense until such time as a hearing can determine if it is a "dangerous animal".  If it is found to be a "dangerous animal" it shall be put down (at the owner's expense).

Looks like you need to file a sworn complaint.  That may get rid of the dog for you (who knows if a bite is a bite in and is dangerous in "wokeland" anymore) and if it does find the dog as a "dangerous animal" it could strengthen the basis for a civil suit.

DANGEROUS ANIMALS (EXCERPT) Act 426 of 1988 287.321 Definitions. Sec. 1. As used in this act: (a) "Dangerous animal" means a dog or other animal that bites or attacks a person, or a dog that bites or attacks and causes serious injury or death to another dog while the other dog is on the property or under the control of its owner. However, a dangerous animal does not include any of the fo lowing: (i) An animal that bites or attacks a person who is knowingly trespassing on the property of the animal's owner. ( i) An animal that bites or attacks a person who provokes or torments the animal. ( i) An animal that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person if that person is engaged in a lawful activity or is the subject of an assault. (iv) Livestock. (b) "Livestock" means animals used for human food and fiber or animals used for service to human beings. Livestock includes, but is not limited to, cattle, swine, sheep, lamas, goats, bison, equine, poultry, and rabbits. Livestock does not include animals that are human companions, such as dogs and cats. (c) "Owner" means a person who owns or harbors a dog or other animal. (d) "Provoke" means to perform a wilful act or omission that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack by an ordinary dog or animal. (e) "Serious injury" means permanent, serious disfigurement, serious impairment of health, or serious impairment of a bodily function of a person. (f) "Torment" means an act or omission that causes unjustifiable pain, suffering, and distress to an animal, or causes mental and emotional anguish in the animal as evidenced by its altered behavior, for a purpose such as sadistic pleasure, coercion, or punishment that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack. History: 1988, Act 426, Eff. Mar. 30, 1989

DANGEROUS ANIMALS (EXCERPT) Act 426 of 1988 287.322 Sworn complaint; summons; surrender of animal; expense; rabies vaccination and license required; destruction of animal; notification of animal control authority; ordering owner of animals to take certain actions. Sec. 2.    (1) Upon a sworn complaint that an animal is a dangerous animal and has caused serious injury or death to an individual or has caused serious injury or death to a dog, a district court magistrate, district court, or municipal court shall issue a summons to the owner ordering him or her to appear to show cause why the animal should not be destroyed.    (2) Upon the filing of a sworn complaint as provided in subsection (1), the district court magistrate, district court, or municipal court shall order the owner to immediately turn the animal over to an animal control authority, incorporated humane society, veterinarian, or boarding kennel, at the owner's option, to be retained until a hearing is held and a decision is made for the disposition of the animal. The owner shall notify the person that retains the animal under this subsection of the complaint and order. The owner is responsible for the expense of the boarding and retention of the animal. The animal must not be returned to the owner until the animal has a current rabies vaccination and license as required by law.    (3) After a hearing, if the animal is found to be a dangerous animal that caused serious injury or death to an individual or a dog, the district court magistrate, district court, or municipal court shall order the destruction of the animal, at the owner's expense. After a hearing, if the animal has been previously adjudicated a dangerous animal or is found to be a dangerous animal that did not cause serious injury or death to an individual but is likely to cause serious injury or death to an individual in the future, the district court magistrate, district court, or municipal court may order the destruction of the animal, at the owner's expense.    (4) If the district court magistrate, district court, or municipal court finds that an animal is a dangerous animal that has not caused serious injury or death to an individual, the district court magistrate, district court, or municipal court shall notify the animal control authority for the county in which the complaint was filed of all of the following:    (a) The finding of the court.    (b) The name of the owner of the dangerous animal.    (c) The address at which the animal was kept at the time of the finding.    (5) If the district court magistrate, district court, or municipal court finds that an animal is a dangerous animal that has not caused serious injury or death to an individual under subsection (4), the district court magistrate, district court, or municipal court shall order the owner of that animal to do 1 or more of the following:    (a) If the dangerous animal is a member of the Canis lupus familiaris species, have a permanent identification number assigned to the animal, at the owner's expense, by or under the supervision of a veterinarian.    (b) Take specific steps, such as escape proof fencing or an enclosure, that includes a top or roof, to ensure that the animal cannot escape or an unauthorized individual cannot enter the premises.    (c) Have the animal sterilized.    (d) Obtain and maintain liability insurance coverage sufficient to protect the public from any damage or harm caused by the animal.    (e) Take any other action appropriate to protect the public.    History: 1988, Act 426, Eff. Mar. 30, 1989 ;-- Am. 2022, Act 121, Imd. Eff. June 29, 2022

DANGEROUS ANIMALS (EXCERPT) Act 426 of 1988 287.323 Owner guilty of involuntary manslaughter, felony, or misdemeanor; penalty; costs. Sec. 3. (1) The owner of an animal that meets the definition of a dangerous animal in section 1(a) that causes the death of a person is guilty of involuntary manslaughter, punishable under section 321 of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.321 of the Michigan Compiled Laws. (2) If an animal that meets the definition of a dangerous animal in section 1(a) attacks a person and causes serious injury other than death, the owner of the animal is guilty of a felony, punishable by imprisonment for not more than 4 years, a fine of not less than $2,000.00, or community service work for not less than 500 hours, or any combination of these penalties. (3) If an animal previously adjudicated to be a dangerous animal attacks or bites a person and causes an injury that is not a serious injury, the owner of the animal is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, a fine of not less than $250.00 nor more than $500.00, or community service work for not less than 240 hours, or any combination of these penalties. (4) If the owner of an animal that is previously adjudicated to be a dangerous animal a lows the animal to run at large, the owner is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, a fine of not less than $250.00 nor more than $500.00, or community service work for not less than 240 hours, or any combination of these penalties. (5) The court may order a person convicted under this section to pay the costs of the prosecution. History: 1988, Act 426, Eff. Mar. 30, 1989

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MikeBjerum

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Re: Bah! Humbug!
« Reply #21 on: December 28, 2025, 08:47:06 AM »
Thanks, Mike. The laws around here change faster than I'm able to keep up. One day we can suddenly own machine guns and suppressors, then they're trying to ban "assault weapons". The amount of pepper spray we were allowed to carry used to be bigger than a lipstick size, but smaller than what the police typically carry. 18 ounces is a lot. I was strapped with over a half pound of hollow points in my .45 when I checked the mail and took out the recycling tonight. And I had another pound of hollowpoints (2 15 round mags) on my left hip. I've been shooting that pistol for 37 years and am confident that I know how to use it. And well enough to do the job. I never got much practice with pepper spray, but if I buy it, I'll be sure to get inert trainers and practice with them. I don't have to worry about the wind blowing bullets back in my face, but pepper spray is another matter. That's just one reason I prefer firearms to chemicals.

Here is another option for not only this, but it can be used for everyday carry with less restrictions than a regular firearm.

https://byrna.com/
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Big Frank

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Re: Bah! Humbug!
« Reply #22 on: December 28, 2025, 03:03:50 PM »
There's so much blood in that bruise that it's run down a couple inches past my elbow. I plan on going to Genesee County Animal Control Tuesday (they're closed Sunday and Monday) to show them my wounds, and see what they can do about taking the dangerous dog away from the irresponsible owner, and putting it down. If it could tear me up that bad, just imagine what it could do to a little kid. My friends just can't get over how this guy watched his dog run over and bite me again. He didn't even try to stop it, or do anything warn me about it. He waited until the dog chewed me up and took it home.
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MikeBjerum

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Re: Bah! Humbug!
« Reply #23 on: December 28, 2025, 09:58:04 PM »
I must have missed it ... Didn't you call 911 following the attack? LE should have taken care of this already.
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Re: Bah! Humbug!
« Reply #24 on: December 28, 2025, 11:12:12 PM »
Dang it that sucks. I’ve never been bit by a dog but I got chased by a trash panda here at home taking out the trash
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Re: Bah! Humbug!
« Reply #25 on: Today at 09:16:15 AM »

Big Frank

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Re: Bah! Humbug!
« Reply #25 on: Yesterday at 04:19:50 PM »
I must have missed it ... Didn't you call 911 following the attack? LE should have taken care of this already.

Yeah, I called 911 while I was getting ready to go to the after hours clinic to get my wounds treated. They were busy but the answering system said not to hang up. I was headed for the door when they answered, and they said to go if I need to, and call when I get back. I did, and the police came later that night. I invited them in and told them all about it. Then they said they were going to talk to my neighbor. That's the last I heard from anyone, but I've heard a dog barking in my neighbor's yard since then, and there was only one dog that I know of, so I think it's still there. My T-shirt sleeve covers up the bite, but there's still an 8" bruise showing below that.
""It may be laid down as a primary position, and the basis of our system, that every Citizen who enjoys the protection of a free Government, owes not only a proportion of his property, but even his personal services to the defence of it, and consequently that the Citizens of America (with a few legal and official exceptions) from 18 to 50 Years of Age should be borne on the Militia Rolls, provided with uniform Arms, and so far accustomed to the use of them, that the Total strength of the Country might be called forth at a Short Notice on any very interesting Emergency." - George Washington. Letter to Alexander Hamilton, Friday, May 02, 1783

THE RIGHT TO BUY WEAPONS IS THE RIGHT TO BE FREE - A. E. van Vogt, The Weapon Shops of Isher

 

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