A. Case # 07-16 TXT – Keeping of Animals – Wild/Exotic Animals and Commercial Game Breeding Operations

Polverento outlined the text for the public hearing and gave some background on it. The text will read:

(1) Wild animals shall be defined for the purposes of this section as including, but not limited to lions, tigers, bears, lynx, bobcats, poisonous fish, insects, arachnids and any other life form not capable as being completely domesticated.

(2) The hunting, trapping, keeping, selling, boarding, possession and maintenance of wild animals as described in this section shall be prohibited in all zoning districts with the following exceptions:

Section 28-178 (AP Special Land Uses) Proposed Item 15:

(15) Commercial Game Breeding Operations

Section 28-199 (AG Special Land Uses) Proposed Item 20:

(20) Commercial Game Breeding Operations

Zay asked Polverento if this was previously an ordinance that is being changed/updated or if it is a new ordinance. Polverento responded that this is completely new text to the Zoning Ordinance. This text has been researched within surrounding communities who regulate this type of issue.

Hartwick asked if buffalo should be included in the wild animal list. Polverento responded that in the Keeping of Animals section under large animals, bison is defined as a livestock animal. Hartwick also asked about raccoons and deer. Polverento feels that could be included in the part of including but not limited to section of the ordinance.

Hartwick is concerned about #2 talking about the hunting of wild animals. Polverento feels that any animals that you can get a license to hunt from the State of Michigan would not be affected by this section. Hartwick suggested that perhaps a letter E be added to state something like "Hunting of animals allowed by the State of Michigan is exempted."

Turcotte suggested adding a letter E to read "Hunting and trapping lawfully licensed by the State of Michigan" Zay feels that "with permission of the property owner" should be added to that.

Overton feels that once you add the statement "with permission of the property owners" that then makes enforcement a responsibility of the Township and that is not the intent of the ordinance.

Zay feels that there needs to be a balance found in this ordinance to meet the intent of the Township without overstepping the bounds.

Polverento is concerned in any situation where the Township would be tasked with enforcing an issue involving a person(s) having a firearm.

Overton suggested that text for E reads: "The hunting and trapping of wild game duly licensed by the State of Michigan."

Gary Dunn, 6907 W. Grand River – Mr. Dunn is concerned that as this new text reads "any other life form not capable of being domesticated will not allow the keeping of insects for learning purposes. Dunn feels there need to be a more realistic definition stating the keeping of animals that will cause bodily, permanent or lethal harm to a person rather then just saying "all other life forms" It is not clear to him in the language if this goes beyond live animals or if its would be in violation for him to keep his butterfly collection that are no longer living insects.

Landes still feels that some of these animals need to be categorized so there is more of a clear understanding of what is included or excluded. Dunn noted that the term "life forms" even includes plants.

Polverento read a letter that she received a letter from the Principal of the Wacousta Elementary school. There is a concern regarding the ordinance because they often have outside sources such as Potter Park Zoo, MUCC and other educational groups frequently visiting the school with animals that help them meet the curricular requirements with the State of Michigan. Additionally individual classrooms with raise certain species as part of their studies. Polverento feels that if Potter’s Park Zoo or other organizations are bringing the animals into the schools, those organizations are the ones keeping the animals and are appropriately licensed with the State of Michigan. The animals are not being kept and raised at the school.

Dunn asked about the word possess in the ordinance and if you possess the animal while in the boundaries of the Township is that in violation of the ordinance? Overton feels that is covered under the exemption portion of the Ordinance. Maahs feels that this situation is covered under (D) as part of a special event.

Maahs feels if the word "lethal" was added between other and life forms, it would change the entire sentence in the sense that the animals listed and any other lethal life form not capable of being domesticated. Overton pointed out that any poisonous plant would fall under that category. Turcotte suggested it read "Live wild animals" and take out "life forms" and completely domesticated. Zay asked if dangerous would then have to be defined.

Jim Colvalt agrees the term "life form" should be stuck because it delivers an overly broad definition. He feels "lethal and dangerous" should be more the focus. He suggested the idea of including animals that pose a danger with disease.

Cynthia Zerbe, 9178 Clark Rd – works at Wacousta Elementary School. She is unaware of the intent of this ordinance. She asked if there was currently an ordinance in place that deals with pets. Could the Commission amend the current ordinance rather than instituting a new ordinance. She is concerned that this is a redundant ordinance and may not be needed. She feels the intent was well meaning but the wording does not go along with it. She is concerned with the way the proposed ordinance reads, it would not allow for the classrooms to keep frogs or caterpillars as a learning tool.

Dunn brought up that under the exceptions, they may want to consider putting a Nature Centers in as well.

Discussion took place regarding the text. Zay suggested that it be sent back to the Ordinance Review Committee to be re-written.

Overton outlined the changes that need to be made from the public hearing. Overton feels the issue needs to go back to the Ordinance Review Committee to be re-written.

Turcotte feels that "dangerous" needs to be better defined. He feels the enlightenment of some of the suggestion from the public; this ordinance needs to be reworked.

Ball feels they need to be specific but not overstep their boundaries, She feels the schools need to know what types of programs they want to put on without being bound to this ordinance.

Openlander asked Polverento to check with MSU and see if they still have a wild life domestication program. Openlander feels that if there is still a program that also will need to be thought of when this text is re-written.

MOTION by HARTWICK and seconded by MAAHS that the Watertown Charter Township Planning Commission refer Case #07-16 TXT back to the Ordinance Review Committee for further consideration of wording.