HOUSE BILL No. 4960 October 6, 1999, Introduced by Reps. Law, Basham, Wojno, Jellema, Toy, Rocca, Garcia, Gieleghem, Schauer, DeVuyst, DeHart, Hale, Richner, Bisbee, Scranton and Raczkowski and referred to the Committee on Health Policy. A bill to regulate the ownership, possession, and care of certain wolf-dog crosses; to prohibit the ownership and posses- sion of certain wolf-dog crosses; to impose fees; to prescribe the powers and duties of certain governmental entities and offi- cials; and to prescribe penalties and provide remedies. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. This act shall be known and may be cited as the 2 "wolf-dog cross act" and is enacted in memory of Angie 3 Nickerson. 4 Sec. 2. As used in this act: 5 (a) "Animal control officer" means a county animal control 6 officer as described in sections 29a and 29b of the dog law of 7 1919, 1919 PA 339, MCL 287.289a and 287.289b, or a city, village, 8 or township animal control officer as described in section 29c of 9 the dog law of 1919, 1919 PA 339, MCL 287.289c. 02335'99 TMV 2 1 (b) "Animal control shelter" or "animal protection shelter" 2 means an animal control shelter or animal protection shelter, 3 respectively, registered with the department under section 6 of 4 1969 PA 287, MCL 287.336. 5 (c) "Department" means the department of agriculture. 6 (d) "Dog" means an animal of the species Canis familiaris. 7 (e) "Facility" means an indoor or outdoor cage, pen, or sim- 8 ilar enclosure where a wolf-dog cross is kept. 9 (f) "Law enforcement authority" means: 10 (i) A sheriff or sheriff's deputy. 11 (ii) A village or township marshal. 12 (iii) An officer of the police department of a city, vil- 13 lage, or township. 14 (iv) An officer of the Michigan state police. 15 (v) A peace officer who is trained and certified under the 16 commission on law enforcement standards act, 1965 PA 203, MCL 17 28.601 to 28.616. 18 (vi) A conservation officer appointed by the department of 19 natural resources. 20 (vii) An animal control officer of a local unit of 21 government. 22 (viii) A law enforcement officer of the federal government 23 authorized to enforce any federal law regulating animals. 24 (g) "Livestock" means that term as defined in section 5 of 25 the animal industry act of 1987, 1988 PA 466, MCL 287.705. 26 (h) "Local unit" means a city, village, township, or 27 county. 02335'99 3 1 (i) "Permit" means a permit issued under section 4. 2 (j) "Permitting agency" means the agency of a local unit 3 that issues permits under section 4. 4 (k) "Person" means an individual, partnership, corporation, 5 association, governmental entity, or other legal entity. 6 (l) "Pet shop" means a pet shop licensed by the department 7 under section 3 of 1969 PA 287, MCL 287.333. 8 (m) "Transfer" means to be a party to a transfer of posses- 9 sion or ownership, with or without remuneration. 10 (n) "Veterinarian" means a person licensed to practice vet- 11 erinary medicine under article 15 of the public health code, 1978 12 PA 368, MCL 333.16101 to 333.18838. 13 (o) "Wolf" means an animal of the species Canis lupus or 14 Canis rufus. 15 (p) "Wolf-dog cross" means a canid that is any of the 16 following: 17 (i) A crossbreed resulting from the breeding of a wolf with 18 a dog. 19 (ii) A crossbreed resulting from the breeding of 2 wolf-dog 20 crosses. 21 (iii) A crossbreed resulting from the breeding a wolf-dog 22 cross with a dog. 23 (iv) A crossbreed resulting from the breeding of a wolf-dog 24 cross with a wolf. 25 (v) An animal that is or has been represented by the breed- 26 er, owner, or person in possession, whether by advertisements, 02335'99 4 1 registration papers, sworn statements, or any other method, as a 2 wolf-dog cross. 3 Sec. 3. A person shall not do any of the following: 4 (a) Possess a wolf-dog cross except in compliance with this 5 act. 6 (b) Transfer a wolf-dog cross unless the person is exporting 7 it to another state or country in compliance with section 8 or 8 the transfer is in compliance with section 14(2) or 20(3). 9 (c) Breed a wolf-dog cross. 10 Sec. 4. (1) Subject to section 22, a person may possess 1 11 or more wolf-dog crosses if the person owns the wolf-dog crosses, 12 was in possession of those individual wolf-dog crosses on the 13 effective date of this act, applies for a permit for those 14 wolf-dog crosses within 90 days after the effective date of this 15 act, and obtains a permit for those wolf-dog crosses. The permit 16 applies only to those individual wolf-dog crosses. The permit is 17 not transferable to another person except through testate or 18 intestate succession. The permit is valid in any local unit in 19 which the possession of the wolf-dog crosses is not prohibited by 20 ordinance. 21 (2) A person shall file an application for a permit with the 22 person specified by the first of the following subdivisions that 23 applies: 24 (a) If the wolf-dog crosses are kept in a city or village 25 and the city or village employs an animal control officer, with 26 the city or village agency to which the animal control officer is 27 assigned. 02335'99 5 1 (b) If the wolf-dog crosses are kept in a township and the 2 township employs an animal control officer, with the township 3 agency to which the animal control officer is assigned. 4 (c) If the county in which the wolf-dog crosses are kept 5 employs an animal control officer, with the county agency to 6 which the animal control officer is assigned. 7 (d) If subdivision (a), (b), or (c) does not apply, with the 8 county sheriff of the county where the wolf-dog crosses are 9 kept. 10 (3) An applicant for a permit shall include with the appli- 11 cation all of the following: 12 (a) An annual permit fee. The annual permit fee shall be 13 established by the governing body of the local unit whose agency 14 issues the permit under subsection (2) and shall be not less than 15 the greater of the following 2 amounts: 16 (i) Twenty-five dollars, or at the option of the local unit 17 if the applicant keeps more than 1 wolf-dog cross in that local 18 unit, $25.00 for each wolf-dog cross. 19 (ii) An amount necessary to cover the local unit's actual, 20 reasonable costs of enforcing this act. 21 (b) A written statement that does all of the following: 22 (i) Specifies the number of wolf-dog crosses owned by the 23 applicant. 24 (ii) Describes in detail each wolf-dog cross owned by the 25 applicant, including, but not limited to, its identification 26 number required under section 5. 02335'99 6 1 (iii) Specifies the name, address, and telephone number of 2 the person from whom the owner obtained the wolf-dog cross, if 3 known. 4 (c) A certificate signed by a veterinarian that the wolf-dog 5 cross has been sexually sterilized. 6 (4) A local unit shall not issue a permit unless it finds 7 that all of the following apply: 8 (a) The requirements of subsections (1), (2), and (3) are 9 met. 10 (b) The applicant is 21 years of age or older. 11 (c) The applicant has not been convicted of or found respon- 12 sible for violating a local ordinance or state law prohibiting 13 neglect or mistreatment of an animal and has not within the past 14 10 years been convicted of a felony. 15 (d) The applicant is not subject to a court order requiring 16 the forfeiture of a wolf-dog cross or prohibiting the ownership 17 or possession of a wolf-dog cross. 18 (e) The facility and the conditions in which each wolf-dog 19 cross will be kept comply with this act. 20 (5) A permit shall set forth all of the following: 21 (a) The name and address of the permit holder and the 22 address where each wolf-dog cross will be kept, if different from 23 that of the permit holder. 24 (b) The number of wolf-dog crosses owned by the permit 25 holder. 26 (c) The identification number of each wolf-dog cross 27 required under section 5. 02335'99 7 1 (d) The name and address of the veterinarian who is expected 2 to provide veterinary care to the wolf-dog cross. 3 (e) Any other reasonable information as determined by the 4 local unit, which may include, but need not be limited to, a des- 5 ignation of permits required by a local unit, the department, the 6 department of community health, the department of natural 7 resources, the United States department of agriculture, or the 8 fish and wildlife service of the United States department of the 9 interior. 10 (6) A local unit that issues a permit shall notify the 11 department of the name and address of the permit holder and the 12 number of wolf-dog crosses owned by the permit holder. 13 (7) The owner of a wolf-dog cross shall annually pay the 14 local unit the annual permit fee established under subsection 15 (3)(a). 16 Sec. 5. The owner of a wolf-dog cross shall have an identi- 17 fication number placed in the wolf-dog cross via subcutaneous 18 microchip, at the expense of the owner, by or under the supervi- 19 sion of a veterinarian. 20 Sec. 6. (1) The wolf-dog cross shall not be tethered out- 21 doors, such as on a leash or chain, or allowed to run at-large. 22 Except as otherwise provided in this section or section 7, the 23 wolf-dog cross shall be constantly kept in a facility that meets 24 all of the following requirements: 25 (a) Is sufficiently secure to prevent the wolf-dog cross's 26 escape and protect the wolf-dog cross from injury. 02335'99 8 1 (b) Is constructed of cement blocks, bricks, concrete, chain 2 link fence, wires, or bars of a suitable thickness, gauge, or 3 diameter to prevent the wolf-dog cross's escape and to protect 4 the wolf-dog cross from injury. 5 (c) Is well braced and securely anchored at ground level or, 6 if the facility is located in a residence or other building, at 7 floor level and utilizes metal clamps, ties, or braces of a 8 strength sufficient for cage construction for the wolf-dog 9 cross. 10 (d) Is enclosed within a secondary fence that is located at 11 least 3 feet outside of the walls of the facility and is adequate 12 to prevent a human from coming into contact with the wolf-dog 13 cross. 14 (e) Has an entrance with a lock that is kept locked at all 15 times when the wolf-dog cross is kept in the facility. 16 (f) Has a floor area of at least 900 square feet, plus an 17 additional 450 square feet for each wolf-dog cross in excess of 1 18 kept in the facility. 19 (2) The owner of a wolf-dog cross may, on a permanent or 20 temporary basis, keep the wolf-dog cross in the person's resi- 21 dence and not in a facility if the wolf-dog cross is under the 22 supervision of a person 21 years of age or older. 23 (3) The owner of a wolf-dog cross may take the wolf-dog 24 cross outdoors if he or she holds the wolf-dog cross under con- 25 trol on a secure leash and either of the following applies: 26 (a) The wolf-dog cross is being exercised by the owner. 02335'99 9 1 (b) The wolf-dog cross is being moved between any 2 of the 2 following: 3 (i) The wolf-dog cross's facility. 4 (ii) The residence of the owner of the wolf-dog cross, pur- 5 suant to subsection (2). 6 (iii) A shift cage, pursuant to subsection (4)(k). 7 (iv) A vehicle, pursuant to section 7. 8 (4) The owner of a wolf-dog cross shall comply with all of 9 the following requirements: 10 (a) The owner shall present a permit for the wolf-dog cross 11 upon the request of a law enforcement authority. 12 (b) The owner shall not place the wolf-dog cross under the 13 supervision of a person less than 21 years of age. 14 (c) The owner shall post and maintain signs on property on 15 which the wolf-dog cross is kept stating "A potentially dangerous 16 wolf-dog cross is kept on this property.". Each sign shall uti- 17 lize block letters at least 1/2 inch high. A sign shall be 18 posted as follows: 19 (i) At each fence gate providing access to a residence on 20 the property, providing access to a building in which the 21 wolf-dog cross's facility is located, or providing access to the 22 facility. 23 (ii) On the outside of each door providing access to a resi- 24 dence on the property or providing access to any building in 25 which the wolf-dog cross's facility is located. 26 (iii) On each side of the wolf-dog cross's facility, unless 27 the facility is located in a residence or other building. 02335'99 10 1 (d) The wolf-dog cross shall not be mistreated or 2 neglected. 3 (e) The conditions in which the wolf-dog cross is kept, 4 including, but not limited to, the following, shall be safe and 5 conducive to the wolf-dog cross's physical health and comfort and 6 shall promote normal behavior: 7 (i) Temperature. 8 (ii) Ventilation. 9 (iii) Humidity. 10 (iv) Drainage. 11 (v) Sanitation. 12 (vi) Diet. 13 (vii) Exercise. 14 (f) Potable drinking water shall be provided at least twice 15 daily in a clean, accessible container, unless otherwise directed 16 by a veterinarian. 17 (g) Swimming or wading pools shall be cleaned as needed to 18 ensure sufficiently sanitary water quality. 19 (h) There shall be adequate drainage of surface water from 20 the facility. 21 (i) Food shall be unspoiled and not contaminated with 22 insects, fecal material, or any other substance that may cause 23 the food to be unpalatable, that may decrease the nutrient value 24 of the food, or that may pose a health risk to the wolf-dog 25 cross. 26 (j) Fecal and food wastes shall be removed from the facility 27 daily and stored or disposed of in a manner that prevents noxious 02335'99 11 1 odors, insect pests, or risks to human or animal health or the 2 environment. Hard floors shall be scrubbed and disinfected 3 weekly. Large facilities with dirt floors shall be raked every 4 day and the raked waste removed every day. 5 (k) A wolf-dog cross may be kept in a shift cage while the 6 wolf-dog cross's facility is being cleaned. The shift cage shall 7 be of a size appropriate for the wolf-dog cross and of a con- 8 struction adequate to safely contain the wolf-dog cross. 9 (l) At the expense of the owner of the wolf-dog cross, care 10 for the wolf-dog cross shall be provided by a veterinarian as 11 needed. The veterinarian shall keep up-to-date records of the 12 care and retain the records until the wolf-dog cross dies. 13 (m) When the wolf-dog cross dies, the owner of the wolf-dog 14 cross shall arrange to have the death certified in writing by a 15 veterinarian, law enforcement authority, or the permitting 16 agency. The veterinarian, law enforcement authority, or permit- 17 ting agency shall submit the certification to to the department 18 within 20 business days after the death. 19 Sec. 7. A person transporting a wolf-dog cross in a vehicle 20 shall comply with the standards in International Air Transport 21 Ass'n., Live Animal Regulations (26th ed., 1999) applicable to a 22 dog. In addition, a person transporting a wolf-dog cross in a 23 vehicle shall comply with all of the following requirements: 24 (a) The wolf-dog cross shall be individually and securely 25 caged, even while inside a passenger vehicle or in the bed of a 26 truck. However, a female wolf-dog cross and each of her unweaned 27 pups, if any, shall be transported in the same cage. 02335'99 12 1 (b) The vehicle shall provide fresh air without injurious 2 drafts and provide adequate protection from the elements to the 3 wolf-dog cross. 4 (c) The wolf-dog cross's cargo area shall be as free as pos- 5 sible of engine exhaust fumes. 6 (d) Fecal and food wastes shall be removed from the wolf-dog 7 cross's transport cage on at least a daily basis. 8 (e) The temperature within the wolf-dog cross's cage shall 9 not be harmful to the wolf-dog cross's health. 10 (f) The wolf-dog cross's cage shall be large enough to 11 ensure that the wolf-dog cross has sufficient space to stand 12 erect, turn around, and lie naturally. 13 (g) The wolf-dog cross shall not be placed in an enclosure 14 over or next to another animal unless each enclosure has a fitted 15 floor or lateral partition that prevents excreta from entering 16 lower or adjacent enclosures. 17 (h) The wolf-dog cross shall be given potable water at least 18 twice daily and fed at least once daily, unless otherwise 19 directed by a licensed veterinarian. 20 Sec. 8. A person shall not export or attempt to export a 21 wolf-dog cross to another state or country unless all of the fol- 22 lowing requirements are met: 23 (a) The import and possession of the wolf-dog cross are 24 lawful in the other state or country. 25 (b) The destination and proposed new owner of the wolf-dog 26 cross have been approved by the regulatory agency in the other 27 state or country having authority to do so, if any. 02335'99 13 1 Sec. 9. (1) If a wolf-dog cross potentially exposes a human 2 to rabies by any penetration of the skin by teeth, any scratch 3 that causes penetration of the skin, any abrasion that causes 4 penetration of the skin, or contamination of open wounds or 5 mucous membranes with saliva or other infectious material, the 6 owner of the wolf-dog cross shall report the potential exposure 7 to the local health department within 24 hours. 8 (2) If a wolf-dog cross potentially exposes livestock or a 9 mammalian pet to rabies by any penetration of the skin by teeth, 10 any scratch that causes penetration of the skin, any abrasion 11 that causes penetration of the skin, or contamination of open 12 wounds or mucous membranes with saliva or other infectious mate- 13 rial, the owner of the wolf-dog cross shall report the potential 14 exposure to the permitting agency within 24 hours. 15 (3) If a wolf-dog cross potentially exposes a human, live- 16 stock, or mammalian pet to rabies by any means identified in 17 subsection (1), the wolf-dog cross shall be humanely euthanized 18 by a veterinarian. The wolf-dog cross shall be immediately 19 examined for rabies in the manner provided by rules promulgated 20 under section 5111 of the public health code, 1978 PA 368, 21 MCL 333.5111. 22 Sec. 10. If a rabies vaccination becomes approved by the 23 federal government for use on a wolf-dog cross, the owner of a 24 wolf-dog cross shall have the wolf-dog cross vaccinated for 25 rabies by a veterinarian. 02335'99 14 1 Sec. 11. (1) A law enforcement authority or other person 2 may kill a wolf-dog cross if the person sees the wolf-dog cross 3 chasing or attacking either of the following: 4 (a) A person. 5 (b) Livestock, poultry, or any other animal. 6 (2) A person is not liable in damages or otherwise for kil- 7 ling or attempting to kill a wolf-dog cross under subsection 8 (1). 9 (3) A wolf-dog cross's entry onto a field or enclosure that 10 is owned by or leased by a person producing livestock or poultry 11 constitutes a trespass, and the owner of the wolf-dog cross is 12 liable in damages. 13 Sec. 12. (1) The owner of a wolf-dog cross is liable in a 14 civil action for the death or injury of a person and for property 15 damage, including, but not limited to, the death or injury of 16 another animal, caused by the wolf-dog cross. 17 (2) If a wolf-dog cross escapes or is released, intention- 18 ally or unintentionally, the owner of the wolf-dog cross shall 19 immediately contact a law enforcement officer of the local unit 20 where the escape or release occurred to report the loss, escape, 21 or release. The owner of the wolf-dog cross is liable for all 22 expenses associated with efforts to recapture the wolf-dog cross 23 that is released or escapes. 24 (3) The owner of the wolf-dog cross may bring against a 25 person who is responsible in whole or part for the escape or 26 release of the wolf-dog cross a civil action for damages, 02335'99 15 1 including, but not limited to, damages and expenses under 2 subsections (1) and (2). 3 Sec. 13. (1) The facility where a wolf-dog cross is kept in 4 captivity is subject to inspection at reasonable hours by a law 5 enforcement authority to ensure compliance with this act. 6 (2) If there is probable cause to believe that this act is 7 being violated, a law enforcement authority shall do 1 of the 8 following: 9 (a) Issue to the owner of the wolf-dog cross a notice of the 10 violation under section 14. 11 (b) Arrest the owner of the wolf-dog cross or seek a warrant 12 for his or her arrest, as appropriate under chapter IV of the 13 code of criminal procedure, 1927 PA 175, MCL 764.1 to 764.29, for 14 a misdemeanor under section 15. 15 (c) File a sworn complaint under section 16(3). 16 Sec. 14. (1) If there is probable cause to believe this act 17 is being violated, a law enforcement authority may give notice of 18 the violation in writing to the owner of the wolf-dog cross. The 19 notice shall identify the violation and include a copy of this 20 act. 21 (2) Not more than 30 days after the notice is delivered, the 22 owner of the wolf-dog cross shall transfer the wolf-dog cross or, 23 subject to subsection (3), correct the violation and shall notify 24 the law enforcement authority of the action taken. 25 (3) If the violation was failure to obtain a permit and the 26 violation was committed knowingly, not more than 14 days after 27 the notice is delivered, the owner of the wolf-dog cross shall 02335'99 16 1 transfer the wolf-dog cross and notify the law enforcement 2 authority of the action taken. 3 (4) A wolf-dog cross transferred under subsection (2) or (3) 4 shall be transferred to a person described in section 22(a), (b), 5 (c), or (d). Notice that the wolf-dog cross was transferred 6 under this subsection shall include evidence of the transfer sat- 7 isfactory to the law enforcement authority. 8 (5) Unless the owner of the wolf-dog cross notifies the law 9 enforcement authority that the wolf-dog cross was transferred 10 under subsection (2) or (3), the law enforcement authority shall 11 conduct an inspection at a reasonable time not less than 30 days 12 after notice of the violation was delivered. When the second 13 inspection is conducted, the owner of the wolf-dog cross shall 14 pay an inspection fee of $25.00 or actual, reasonable costs of 15 the inspection, whichever is greater, to the law enforcement 16 authority. 17 (6) If the law enforcement authority finds that the owner of 18 the wolf-dog cross has not complied with subsection (2) or (3), 19 the law enforcement authority shall seek forfeiture of the 20 wolf-dog cross under section 16. 21 Sec. 15. A person who violates this act, other than a law 22 enforcement authority, veterinarian, or permitting agency, is 23 guilty of a misdemeanor. The person shall be punished by a fine 24 of not less than $250.00, plus costs of prosecution, or if the 25 person failed to obtain a permit for the wolf-dog cross, by a 26 fine of not less than $500.00, plus costs of prosecution. In 02335'99 17 1 addition, the person may be punished by 1 or more of the 2 following: 3 (a) Imprisonment for not more than 93 days. 4 (b) Community service work for not more than 500 hours. 5 (c) The loss of privileges to own or possess any animal. 6 Sec. 16. (1) If a person who owns or possesses a wolf-dog 7 cross violates this act, that wolf-dog cross and any other 8 wolf-dog cross owned by that person is subject to civil 9 forfeiture. 10 (2) The prosecuting attorney in an action under section 15 11 may file a petition requesting that the court issue an order for 12 civil forfeiture of all of the wolf-dog crosses owned by the 13 person violating this act. 14 (3) Any person may file with a court having jurisdiction a 15 complaint alleging that a person is violating this act and 16 requesting the court to order the civil forfeiture of all of the 17 wolf-dog crosses owned by that person. 18 Sec. 17. (1) A law enforcement officer shall seize a 19 wolf-dog cross pursuant to an order of seizure issued by the 20 court having jurisdiction over the wolf-dog cross upon a showing 21 of probable cause that the wolf-dog cross is subject to forfei- 22 ture under section 16(1). 23 (2) A wolf-dog cross subject to forfeiture under section 24 16(1) may be seized without process under any of the following 25 circumstances: 26 (a) The seizure is incident to a lawful arrest for a 27 violation of this act. 02335'99 18 1 (b) The seizure is pursuant to a valid search warrant. 2 (c) The seizure is pursuant to an inspection under a valid 3 administrative inspection warrant. 4 (d) There is probable cause to believe that the conditions 5 under which the wolf-dog cross or any other wolf-dog cross owned 6 by the same person is kept are directly or indirectly dangerous 7 to human or animal health or safety. 8 (e) Exigent circumstances exist that preclude obtaining a 9 court order, and there is probable cause to believe that this act 10 has been violated. 11 (f) The wolf-dog cross or any other wolf-dog cross owned by 12 the same person is the subject of a prior judgment in favor of 13 this state in a forfeiture proceeding. 14 (3) If a seizure is to be accomplished by capture, tranquil- 15 ization or other humane methods shall be used for the capture. 16 (4) A wolf-dog cross seized under this act is not subject to 17 any other action to recover personal property, but is considered 18 to be in the custody of the seizing agency subject only to sub- 19 section (5) and sections 18 and 19, or to an order and judgment 20 of the court having jurisdiction over the forfeiture 21 proceedings. When a wolf-dog cross is seized under this act, the 22 law enforcement authority may remove the wolf-dog cross to a 23 place designated by the court. 24 (5) A wolf-dog cross that belongs to the victim of a crime 25 shall promptly be returned to the victim, except in the following 26 circumstances: 02335'99 19 1 (a) When the crime victim last possessed the wolf-dog cross, 2 he or she was in violation of section 4. 3 (b) If the ownership of the wolf-dog cross is disputed, 4 until the dispute is resolved. 5 (c) If the property is required to be retained as evidence 6 pursuant to section 4(4) of the crime victim's rights act, 1985 7 PA 87, MCL 780.754. 8 Sec. 18. (1) A law enforcement authority may return a 9 seized wolf-dog cross to the owner of the wolf-dog cross if the 10 law enforcement authority is satisfied that the conditions 11 resulting in the seizure have been corrected. If the wolf-dog 12 cross was seized pursuant to process issued by a court, the law 13 enforcement authority shall obtain approval of the court before 14 returning the wolf-dog cross. 15 (2) Unless the wolf-dog cross has been returned, the law 16 enforcement authority shall, within 10 days after the wolf-dog 17 cross is seized, give written notice of the seizure and intent to 18 forfeit the wolf-dog cross to each of the following persons: 19 (a) The owner of the wolf-dog cross. 20 (b) Each person with a known ownership interest in the 21 wolf-dog cross. 22 (c) Any person who was injured or whose property was damaged 23 by the wolf-dog cross. 24 (3) The notice required under subsection (2) shall be deliv- 25 ered in person or sent by certified mail. If the name and 26 address of the person are not reasonably ascertainable or 27 personal delivery of the notice cannot reasonably be 02335'99 20 1 accomplished, the notice shall be published in a newspaper of 2 general circulation in the county in which the wolf-dog cross was 3 seized for 10 successive publishing days. Proof of written 4 notice or publication shall be filed with the court having juris- 5 diction over the seizure or forfeiture. 6 (4) The law enforcement authority shall immediately after 7 seizure of the wolf-dog cross notify the prosecuting attorney for 8 the county in which the wolf-dog cross was seized or, if the 9 attorney general is actively handling a case involving or relat- 10 ing to the wolf-dog cross, the attorney general of the seizure of 11 the wolf-dog cross and any intent to forfeit the wolf-dog cross 12 under this act. 13 Sec. 19. (1) A person may file a motion with the court 14 having jurisdiction to return the wolf-dog cross on the grounds 15 that the wolf-dog cross was illegally seized or that the wolf-dog 16 cross is not subject to forfeiture under this act. The court 17 shall hear the motion within 30 days after the motion is filed. 18 (2) At the hearing on the motion filed under subsection (1), 19 the attorney general, or the attorney for the local unit in which 20 the wolf-dog cross was seized, shall establish probable cause to 21 believe that the wolf-dog cross is subject to forfeiture under 22 this act and, if the person filing the motion claims the wolf-dog 23 cross was illegally seized, that the wolf-dog cross was properly 24 seized. 25 (3) If the attorney general or the attorney for the local 26 unit in which the wolf-dog cross was seized fails to sustain his 02335'99 21 1 or her burden of proof under subsection (2), the court shall 2 order the return of the wolf-dog cross. 3 (4) The testimony of a person at a hearing held under this 4 section is not admissible against him or her in any criminal pro- 5 ceeding except in a criminal prosecution for perjury. The testi- 6 mony of a person at a hearing held under this section does not 7 waive the person's constitutional right against 8 self-incrimination. 9 Sec. 20. (1) A law enforcement authority shall return a 10 seized wolf-dog cross to the owner of the wolf-dog cross within 7 11 days after the occurrence of any of the following: 12 (a) The failure to issue a warrant against the owner of the 13 wolf-dog cross for committing a misdemeanor under section 15 or 14 to file a complaint under section 16(3) within 10 days after the 15 wolf-dog cross is seized. 16 (b) The dismissal of charges against the owner of the 17 wolf-dog cross under section 15 or of a complaint under 18 section 16(3), as applicable. 19 (c) The court's determination that an order for the wolf-dog 20 cross to be forfeited shall not be entered. 21 (d) The acquittal of the owner of the wolf-dog cross of any 22 charges under section 15. 23 (e) Entry of a court order under this act for the return of 24 the wolf-dog cross. 25 (2) If a wolf-dog cross is returned under subsection (1), 26 the law enforcement authority shall give written notice to the 27 persons who received notice under section 18 that the wolf-dog 02335'99 22 1 cross has been returned. The notice under this subsection shall 2 be delivered in person or sent by certified mail. If the name 3 and address of the person are not reasonably ascertainable or 4 personal delivery of the notice cannot reasonably be accom- 5 plished, the notice shall be published in a newspaper of general 6 circulation in the county in which the wolf-dog cross was seized 7 for 10 successive publishing days. 8 (3) If the court orders a wolf-dog cross to be forfeited, 9 the order of forfeiture shall direct that each wolf-dog cross be 10 transferred to a wildlife sanctuary approved by the association 11 of sanctuaries, an animal protection shelter, or a zoo accredited 12 by the American zoo and aquarium association, where the wolf-dog 13 cross will be safely and humanely cared for as provided by this 14 act. However, subject to section 9, if the wolf-dog cross killed 15 or injured a human or an animal, the order of forfeiture may 16 direct that the wolf-dog cross be humanely euthanized by a 17 veterinarian. An order of forfeiture shall also revoke any 18 permit that may have been issued for the wolf-dog cross under 19 section 4 and order payment of costs under subsection (4). The 20 forfeiture is a civil forfeiture. 21 (4) If a wolf-dog cross is seized, the owner of the wolf-dog 22 cross is liable for the costs of placement and care for the 23 wolf-dog cross from the time of seizure until the time of return 24 or forfeiture and, if a wolf-dog cross is ordered to be forfeited 25 and euthanized, for the costs of humanely euthanizing and dispos- 26 ing of the wolf-dog cross. This subsection does not apply if the 27 wolf-dog cross is returned under subsection (1) or section 19. 02335'99 23 1 Sec. 21. (1) A local unit may adopt an ordinance governing 2 wolf-dog crosses that is more restrictive than this act. 3 (2) The requirements of this act are in addition to any 4 other requirements governing a wolf-dog cross under state and 5 federal law. 6 Sec. 22. Section 4 does not apply to any of the following: 7 (a) An animal control shelter or animal protection shelter. 8 (b) A person licensed or approved by the department of natu- 9 ral resources of this state or by the United States fish and 10 wildlife service of the United States department of the 11 interior. 12 (c) A zoological park approved or accredited by the American 13 zoo and aquarium association. 14 (d) A person approved by the association of sanctuaries. 15 (e) A law enforcement officer acting under the authority of 16 this act. 17 (f) A veterinarian temporarily in possession of a wolf-dog 18 cross to provide veterinary care for or humanely euthanize the 19 wolf-dog cross. 20 Sec. 23. The department shall provide each pet shop, animal 21 control shelter, and animal protection shelter with information 22 on the requirements of this act. 02335'99 Final page. TMV