Village of Lincolnwood, IL REGULATION OF DOGS, CATS AND ANIMALS

Dogs at large. No person shall cause or permit any dog owned or kept by him or her to be at large at any place within the Village, other than on the property of such owner or keeper, unless such dog is securely fastened and restrained by a leash. Any dog, not upon the owner's or keeper's property which is not fastened and restrained by a leash shall be deemed as being at large. All dogs found being at large, whether or not currently licensed by the Village, shall promptly be impounded.

Restraint of cats. A cat owner shall exercise proper care and control of his or her cat to prevent it from becoming a public nuisance.

11-3-9 Fees for impounding and keeping. [1]

Licensed dogs. Any dog for which the license fee for the current year has been paid, which may during such year be impounded or taken up for being at large, may be redeemed by the owner or keeper of such dog upon the payment of a fee in an amount set forth in the Annual Fee Resolution per day for the taking up and impounding of such dog, plus the current cost of boarding said dog during the impoundment and any necessary veterinary fees incurred during the term of impoundment. If such dog is without a collar or harness with the current license attached, it shall be deemed a licensed dog, for the purpose of this Section 11-3-9, if satisfactory proof is provided to a police officer by the owner or keeper that such dog is licensed and that a collar or harness with a current license tag attached thereto was placed on such dog, but had subsequently been lost or taken from such animal.

Cats and unlicensed dogs. Any cat or unlicensed dog which shall have been impounded may be redeemed by the owner or keeper of such cat or dog upon the payment of a fee set forth in the Annual Fee Resolution per day for the taking up or impounding of such cat or dog, plus the current cost of boarding said cat or dog during the impoundment and any necessary veterinary fees incurred during the term of impoundment. For unlicensed dogs, the owner shall also be required to pay double the annual license fee and registration imposed pursuant to this Article 3.

[1]

Editor's Note: See Ch. A25, Fees.

11-3-10 Notice to owners of licensed dogs.

Within three days after the impoundment of any licensed dog, the Chief of Police, or his or her designee, shall cause notice to be given in person, by mail or by telephone, upon the registered owner of any licensed dog impounded.

11-3-11 Animal bites.

[Amended 2-16-2016 by Ord. No. 2016-3191]

Biting and attacking. It shall be unlawful for an owner or any other person in control of any domestic animal to allow the domestic animal to bite or attack any other domestic animal or person in the Village. If a person is bitten by a domestic animal, the incident shall be reported to the Police Department immediately. All reports of bites or attacks shall be investigated by the Police Department in accordance with this article. The Police Department may, for an initial violation of this section, issue a warning to the owner rather than a citation. No more than one such warning will be provided.

Duties of owner; rabies investigation. It shall be unlawful for the owner or keeper of any dog, cat or other animal, when notified that such dog, cat, or other animal has bitten or scratched any person or has otherwise injured any person so as to cause an abrasion of the skin, or any dog, cat, or other animal suspected of having rabies, to sell or give away such dog, cat, or other animal or to permit or allow such dog, cat, or other animal to be taken away beyond the limits of the county, but it shall be the duty of such owner, upon receiving notice of the character aforesaid to immediately place such dog, cat, or other animal in a duly licensed veterinary hospital where such dog, cat, or other animal shall be confined for a period of at least 10 days for observation or deliver, or cause to be delivered, any such dog, cat, or other animal to the Chief of Police or his or her designee for such placement. In case such dog, cat, or other animal is delivered to a veterinary hospital, notice of the name and location of such hospital shall be immediately furnished to the Chief of Police or his or her designee by the owner of such dog, cat, or other animal, and upon receipt of such dog, cat, or other animal, the veterinary hospital shall submit to the Chief of Police or his or her designee, a certificate stating that such dog, cat, or other animal either shows no symptoms of rabies or does show symptoms of rabies. If, at the expiration of the 10 days of confinement in such veterinary hospital, the veterinary hospital shall submit to the Chief of Police or his or her designee a second certificate stating that the dog, cat, or other animal does not have rabies, the dog, cat, or other animal may then be released by the Chief of Police or his or her designee. If such dog, cat, or other animal should die during the interval of observation, the intact brain shall forthwith be delivered to the laboratory of the Illinois Department of Public Health. If, however, evidence is presented that such dog, cat, or other animal has been inoculated against rabies within the time prescribed by law prior to the biting, such dog, cat, or other animal shall be confined in the house of its owner or in a manner that will prohibit such dog, cat, or other animal from biting any person for a period of 10 days, unless in the judgment of the Chief of Police or his or her designee, or a licensed veterinarian, circumstances are such that the dog, cat, or other animal should be confined elsewhere. Such dog, cat, or other animal so confined shall be examined by a licensed veterinarian on the first, fifth, and 10th days during confinement. If, at the expiration of the ten-day confinement, the veterinarian shall submit a certificate stating that the dog, cat, or other animal does not have rabies, the dog, cat, or other animal may then be released by the Chief of Police or his or her designee. Any expense incurred by the Village in connection with the handling of any dog, cat, or other animal under this Section 11-3-11 shall be reimbursed by the owner of the animal within 30 days after receipt of an invoice therefor.

11-3-12 Dangerous dogs and vicious dogs.

[Amended 2-16-2016 by Ord. No. 2016-3191]

Definitions. The following definitions shall apply in the interpretation and the enforcement of this Article 3:

ALTERED

An animal that has been permanently spayed or neutered.

BITE

Any cutting, wounding, or tearing with the teeth, including any abrasion of the skin.

CSO

The Community Service Officer.

DANGEROUS DOG

Any dog designated as a dangerous dog pursuant to Section 11-3-12(B) of this Code.

DOG

All members of the family Canidae.

DOMESTIC ANIMAL

A dog, cat, or other animal, the keeping of which is not otherwise prohibited under the terms of this Article 3, that has been raised or maintained in confinement or otherwise domesticated so as to live in a tame condition.

ENCLOSURE

A structure erected in conformance with the Village's building regulations that:

Is designed to confine and prevent the escape of a dangerous dog or vicious dog and prevent the entry of children or other animals;

Locks securely, and includes secure sides, top and bottom;

Has sides that embed into the ground at a depth of at least one foot and attach to the bottom of the enclosure so that the animal confined within cannot escape by digging under the sides of the enclosure;

Is adequately lighted and kept in a clean and sanitary condition;

(5)

Is labeled with a prominently displayed warning sign at each entrance that indicates that a dangerous or vicious animal is confined within; and

(6)

If the enclosure is a room within a residence, the doors to the room must lock securely.

HEARING OFFICER

The individual(s) appointed as a hearing officer in the Village's administrative hearing system pursuant to this Code.

IMPOUNDED

Taken into custody by a CSO or LEO.

LEASH

A cord, rope, strap, or chain which shall be securely fastened to the collar or harness of a dog or other animal and shall be of sufficient strength to keep such dog or other animal under control.

LEO

Law enforcement officer of the Village.

MICROCHIP

An identifying device consisting of a microchip or similar device that is humanely and permanently installed in or injected under the skin of an animal by a licensed veterinarian and is designed so that it provides, when scanned by an electronic reader, readable information as determined by the Chief of Police to allow, at a minimum, for the identification of the animal and the name, address, and telephone number of the owner.

OWNER

Any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his or her care, or acts as its custodian.

PERSON

Any person, firm, partnership, trustee, association, or corporation.

PHYSICAL INJURY

The impairment of physical condition.

POLICE DOG

Any dog owned or used by the Police Department in the course of its work.

RUNNING AT LARGE

A dog that is off the premises of its owner and not under the control of the owner (or a person acting for the owner) by means of a leash that is capable of physically restraining the movement of such dog.

SEVERE PHYSICAL INJURY

Any physical injury that results in any of the following injuries:

Broken bones;

Muscle, ligament, or tendon tears;

Skin lacerations, puncture wounds, or other injuries that require sutures or surgery; or

The transmission of an infectious or contagious disease.

SERVICE DOG

Any guide dog, signal dog, or other dog trained to do work or perform tasks for the benefit of an individual with a disability, including, without limitation, guiding individuals with impaired vision, alerting individuals with impaired hearing to sounds, and pulling a wheelchair or fetching dropped items for individuals with mobility impairments.

VICIOUS DOG

A dog designated as a vicious dog pursuant to Section 11-3-12(C) of this Code.

Dangerous dogs.

Dangerous behavior. It shall be unlawful for an owner to allow a dog to behave in a dangerous manner.

For purposes of this section, a dog behaves in a dangerous manner when the dog:

Unprovoked, bites or injures a person or a domestic animal on public or private property;

Unprovoked, chases or approaches a person or a domestic animal upon the streets, sidewalks, or any public or private property in a menacing fashion or apparent attitude of attack; or

(iii)

Otherwise behaves in a manner that a reasonable person would believe poses a serious, unjustified, and imminent threat of physical injury or death to a person or a domestic animal.

However, a dog shall not be considered to behave in a dangerous manner when the behavior occurred because:

The threatened or injured person was committing or attempting to commit a violent crime against the owner or custodian of the dog or member of its household;

The threatened or injured person was committing or attempting to commit a crime against the property of the owner or custodian of the dog, including without limitation burglary, arson, or criminal trespass;

(iii)

The threatened or injured person was tormenting, abusing, assaulting, or physically threatening the dog or its offspring;

(iv)

The threatened or injured domestic animal was attacking or threatening to attack the dog or its offspring;

(v)

The dog was responding to inflicted pain or injury;

(vi)

The dog was protecting itself or its offspring;

(vii)

The dog is a service dog or a police dog and was performing its duties as expected; or

(viii)

The threatened or injured domestic animal was running at large.

Designation of dangerous dogs. A dog shall be designated as a dangerous dog when the hearing officer or a court, at the request of the Police Department, has conducted an evidentiary hearing, heard and considered evidence pertaining to the temperament of the dog, and has entered an order determining that the dog has behaved in the manner described in Section 11-3-12(B)(1), and designating the dog as a dangerous dog. The hearing officer or the court may consider the testimony of a certified applied behaviorist, a board-certified veterinary behaviorist, and other experts in evaluating the dog's behavior and making this determination. The hearing officer or the court, upon designating a dog as a dangerous dog, shall enter a written order requiring that, in addition to the payment of the penalties provided under Section 11-3-21 of this Code, the owner shall comply with each and all of the restrictions set forth in this Section 11-3-12(B). The hearing officer or court may further order that the dangerous dog be altered within 14 days, at the owner's expense.

Restrictions on dangerous dogs. It shall be unlawful to harbor or keep a dangerous dog within the Village except in compliance with each and all of the following restrictions all at owner's expense:

Confinement.

A dangerous dog on private premises must be kept indoors, or when outdoors must be confined either within an enclosure or a fully fenced yard enclosed on all sides by fencing that:

Is at least six feet in height;

Locks securely;

Has secure sides that prevent the dog from extending any portion of its body through any part of the fence; and

Is anchored to the ground so that the dog cannot escape by digging under the fence.

A dangerous dog on public premises must be directly controlled and supervised by an adult at least 18 years of age. Such control and supervision shall require, at a minimum, that the dog be:

Restrained on a nonretractable leash no longer than six feet; and

Securely muzzled in a manner that will prevent it from biting any person or animal, but that will not injure the dog or interfere with its vision or respiration.

Required signage. The owner of any dog found to be a dangerous dog must display in a prominent place on the premises where the dangerous dog is kept, and at each entrance to any outdoor enclosure where the dog is kept, clearly visible signage stating that a dangerous dog is kept on the premises, in the form and with such content as is approved by the Chief of Police.

(c)

Evaluation and training. The owner of a dangerous dog must cause to be completed, no later than 180 days after the designation of the dog as a dangerous dog, both:

An evaluation of the dangerous dog by a certified applied behaviorist, a board-certified veterinary behaviorist, or another recognized expert in the field of dog behavior; and

Obedience training or other training or treatment of the dangerous dog as deemed appropriate by the behaviorist or expert.

(d)

Microchipping. A dangerous dog must be microchipped at the owner's expense, if not already microchipped, within 14 days after the designation of the dog as a dangerous dog.

(e)

Insurance coverage. Within 14 days after the designation of a dog as a dangerous dog, the owner of the dangerous dog must obtain and maintain, and provide the Village with satisfactory evidence of, liability insurance coverage in the amount of at least $100,000, which coverage includes without limitation coverage for animal bites. In lieu of liability insurance, the owner of a dangerous dog may obtain a surety bond in the value of at least $100,000.

(f)

Notice of designation. No owner shall sell, transfer, or otherwise place a dangerous dog in the permanent possession of any other person, including without limitation any animal shelter, without first notifying that person that the dog has been designated a dangerous dog and notifying the jurisdiction to which the dog will be transferred of the dog's designation as a dangerous dog pursuant to this section 11-3-12.

Dogs designated as dangerous in other jurisdictions. Any person desiring to bring a dog to live in the Village that has been previously declared within another jurisdiction to have behaved in a dangerous manner or a similar manner, or has been designated within another jurisdiction as a dangerous dog or any similar designation, must notify the Police Department prior to moving the dog into the Village of such declaration or designation. Upon moving the dog into the Village, the dog will be considered a dangerous dog pursuant to this section, and the owner must comply at all times with each and every requirement and restriction established in this Section 11-3-12 pertaining to dangerous dogs.

(5)

Failure to comply. It shall be unlawful for any person to keep or maintain a dangerous dog within the corporate limits of the Village unless the dog is kept and maintained in compliance with this Section 11-3-12 and with the order entered by the hearing officer or the court. Upon finding that a dangerous dog has not been so kept or maintained, the hearing officer or court may, in addition to requiring the payment of the penalties provided in Section 11-3-21 of this Code, order that the dangerous dog be altered within 14 days at the owner's expense, or order that the dangerous dog be permanently removed from the corporate limits of the Village within 14 days, with the owner of the dangerous dog being responsible for all fees and costs incurred by the Village in caring for the dangerous dog prior to its removal from the corporate limits.

Vicious dogs.

Vicious behavior. It shall be unlawful for an owner to allow a dog to behave in a vicious manner. For purposes of this Section 11-3-12(C)(1), a dog behaves in a vicious manner when it, without provocation, attacks a person or domestic animal and causes severe physical injury or death. However, a dog shall not be considered to behave in a vicious manner if the behavior occurred because:

The attacked or injured person was committing or attempting to commit a violent crime against the owner or custodian of the dog or member of its household;

The attacked or injured person was committing or attempting to commit a crime against the property of the owner or custodian of the dog, including without limitation burglary, arson, or criminal trespass;

(c)

The attacked or injured person was tormenting, abusing, assaulting, or physically threatening the dog or its offspring;

(d)

The attacked or injured domestic animal was attacking or threatening to attack the dog or its offspring;

(e)

The dog was responding to inflicted pain or injury;

(f)

The dog was protecting itself or its offspring;

(g)

The dog is a service dog or a police dog and was performing its duties as expected; or

(h)

The attacked or injured domestic animal was running at large.

Designation of vicious dogs. A dog shall be designated as a vicious dog when the hearing officer or the court, at the request of the Police Department, has conducted an evidentiary hearing, heard and considered evidence pertaining to the temperament of the dog, and has entered an order determining that the dog has behaved in the manner described in this section and designating the dog as a vicious dog. A dog previously designated as a dangerous dog pursuant to Section 11-3-12(B) of this Code that is found by the hearing officer or the court to have behaved in a dangerous manner for a second time may be designated as a vicious dog by the hearing officer or the court without evidence that the dog has behaved in a vicious manner. In determining whether to designate a dog as a vicious dog, the hearing officer or the court may consider the testimony of a certified applied behaviorist, a board-certified veterinary behaviorist, and other experts in evaluating the dog's behavior and making this determination. The hearing officer or the court, upon designating a dog as a vicious dog, shall enter a written order requiring that, in addition to the payment of the penalties provided under Section 11-3-21 of this Code, the owner shall comply with each and all of the restrictions set forth in this Section 11-3-12(C).

Restriction of vicious dogs. It shall be unlawful to harbor or keep a vicious dog within the Village except upon compliance with each and all of the following restrictions, all at the expense of the owner:

Confinement. The vicious dog must be confined as follows:

A vicious dog on private premises must be kept indoors or within an enclosure at all times.

A vicious dog shall only be allowed outdoors and outside of an enclosure if:

The dog is securely muzzled in a manner that will prevent it from biting any person or animal, but that will not injure the dog or interfere with its vision or respiration;

Is restrained on a nonretractable leash no longer than six feet;

Is under the direct control and supervision of the owner or other adult at least 18 years of age at all times; and

The release is:

Necessary for veterinary care for the dog;

Pursuant to a sale or other change of ownership that results in the removal of the vicious dog from the corporate limits of the Village;

Pursuant to the immediate transfer of the vicious dog to another enclosure; or

Necessary for compliance with an order of the hearing officer or the court.

Required signage. The owner of any dog found to be a vicious dog must display in a prominent place on the premises where the vicious dog is confined, and at each entrance to any outdoor enclosure where the dog is kept, clearly visible signage stating that a vicious dog is kept on the premises, in the form and with such content as is approved by the Chief of Police.

(c)

Evaluation and training. The owner of a vicious dog must cause to be completed, no later than 180 days after the designation of the dog as a vicious dog, both:

An evaluation of the vicious dog by a certified applied behaviorist, a board-certified veterinary behaviorist, or another recognized expert in the field; and

Obedience training or other training or treatment of the vicious dog as deemed appropriate by the behaviorist or expert.

(d)

Altering and microchipping. A vicious dog must be altered and microchipped at the owner's expense, if not already altered and microchipped, within 14 days after the designation of the dog as a vicious dog.

(e)

Insurance coverage. Within 14 days after the designation of a dog as a vicious dog, the owner of the vicious dog must obtain and maintain, and provide the Village with satisfactory evidence of, liability insurance coverage in the amount of at least $150,000, which coverage includes without limitation coverage for animal bites. In lieu of liability insurance, the owner of a vicious dog may obtain a surety bond in the value of at least $150,000.

(f)

Notice of designation. No owner shall sell, transfer, or otherwise place a vicious dog in the permanent possession of any other person, including without limitation any animal shelter, without first notifying that person that the dog has been designated a vicious dog pursuant to this chapter and notifying the jurisdiction to which the dog will be transferred of the dog's designation as a vicious dog pursuant to this chapter.

Dogs designated as vicious in other jurisdictions. Any person desiring to bring a dog to live in the Village that has been previously declared within another jurisdiction to have behaved in a vicious manner or a similar manner, or has been designated within another jurisdiction as a vicious dog or any similar designation, must notify the Police Department prior to moving the dog into the Village of such declaration or designation. Upon moving the dog into the Village, the dog will be considered as a vicious dog pursuant to this chapter, and the owner must comply at all times with each and every requirement and restriction established in this chapter pertaining to vicious dogs, including without limitation the restrictions set forth in this section.

(5)

Failure to comply.

It shall be unlawful for any person to keep or maintain a vicious dog within the corporate limits of the Village unless the dog is kept and maintained in compliance with this chapter and with the order entered by the hearing officer or the court. Upon finding that a vicious dog has not been so kept or maintained, the hearing officer or court may, in addition to requiring the payment of the penalties provided in Section 11-3-21 of this Code, order:

That the vicious dog be permanently removed from the corporate limits of the Village within 14 days, with the owner of the vicious dog being responsible for all fees and costs incurred by the Village in caring for the vicious dog prior to its removal from the corporate limits; or

That the vicious dog be humanely destroyed, except that the hearing officer or the court shall not order the humane destruction of the vicious dog if the owner of the vicious dog provides the hearing officer or the court with written proof that:

The vicious dog will be placed in an animal shelter outside of the Village that has been notified of the dog's designation as a vicious dog under this Section 11-3-12(C) and has consented to the shelter and care of the vicious dog;

The animal shelter will accept the vicious dog and the owner is willing to pay all expenses for transporting the vicious dog to the animal shelter; and

The owner has informed the animal control authority in the jurisdiction to which the animal is being relocated of the dog's designation as a vicious dog under this Section 11-3-12(C) and the animal control authority, if required by law, has consented to the relocation.

If the hearing officer or the court orders the permanent removal of the vicious dog pursuant to this section, the owner must, within 14 days of the order to remove the dog from the corporate limits of the Village, provide written evidence to the Village that the owner has informed the person(s) to whom the dog has been relocated of the dog's designation as a vicious dog under this Section 11-3-12(C) and that those person(s) have consented to the shelter and care of the dog, and has informed the animal control authority in the jurisdiction to which the animal is being relocated of the dog's designation as a vicious dog under this Section 11-3-12(C) and the animal control authority has consented to the relocation.

(6)

Public nuisance. Any vicious dog that is not confined in accordance with this Section 11-3-12(C) is declared hereby to be a public nuisance and shall be impounded by any law enforcement authority having jurisdiction and permanently removed from the corporate limits of the Village.

11-3-13 Limitation of dogs and cats.

No person shall permit more than a total of five cats and dogs in any combination, excluding puppies and kittens under six months of age, to be or remain in or about any single-family residence, building or lot, or more than a total of three dogs or cats in any single-family apartment, condominium, and townhome or in any apartment building within the Village under his or her control at any one time, except in veterinary hospitals, pet shops, kennels or animal shelters.

11-3-14 Nuisances.

It is hereby prohibited and it shall be deemed to be a public nuisance for any person to cause or permit any dog, or cat, owned or kept by him or her to do the following:

To be at large, as provided in this Article 3.

To suffer or permit such dog or cat to disturb the peace and quiet of the neighborhood by barking, making other loud or unusual noises, or by running through or across cultivated gardens or fields.

To defecate or urinate upon any public place, or upon any premises not owned or controlled by the person owning or keeping the dog or cat; provided, however, that this Section 11-3-14(C) shall not apply if any such defecation is completely and promptly removed by the owner or keeper of said dog or cat.

(D)

To use property under such person's ownership or control in a manner to allow defecation to accumulate so as to constitute a nuisance in fact.

(E)

To go or be upon any school premises, public swimming pool or public park or playground within the Village or upon a path or sidewalk extending through or within any school premises, public park or playground within the Village, even though on a leash, except as otherwise expressly authorized by this Code.

(F)

To bring or cause to be brought into any shop, store, or retail place of business wherein the public is invited to do business with the management thereof, during such hours as the public is invited, or to bring or cause to be brought into any public building at any time, any dog or cat unless said dog or cat is under control and is brought for the purposes of conducting business or inquiry wherein the physical presence of the dog or cat is required.

(G)

The provisions of Sections 11-3-14(E) and (F) of this Code shall not apply to service dogs.

[Amended 2-16-2016 by Ord. No. 2016-3191]

11-3-15 Provisions not applicable.

The provisions of this Article 3 relating to registration and licensing of dogs shall not apply to dogs of nonresidents remaining temporarily in or passing through the Village; provided that such dogs are licensed by some other jurisdiction and provided the owner or keeper of the dog complies with all other provisions of this Article 3.

11-3-16 Humane treatment of birds and animals.

Owners or keepers of dogs, cats, birds and other animals shall provide same with sufficient, good and wholesome food and water, proper shelter and protection from weather, veterinary care when needed to prevent suffering and with humane care and treatment. No person shall beat, cruelly ill-treat, torment, overload, overwork, or otherwise abuse or abandon any dog, cat, bird or other animal.

11-3-17 Birds and snakes.

No person shall kill or wound, or attempt to kill or wound, any game or songbird, or take or destroy the eggs or young of any such bird.

Poisonous snakes or boa constrictors; nuisance. It is unlawful for any person to maintain a public nuisance by permitting any poisonous snake or boa constrictor to leave the premises of its owner when not under control by a recognized control method.

11-3-18 Keeping certain animals prohibited.

No person shall keep or suffer to be kept any farm animals or other livestock, horses, swine, poultry or naturally wild animals whatsoever in the Village.

11-3-19 Keeping of pigeons.

Definitions.

CARRIER PIGEON

Homing and racing pigeons which have the name of the owner stamped upon the wing or tail or are banded upon the leg with the name or initials of the owner or with an identification or registration number stamped on the band.

LOFT

Any structure in which carrier pigeons are housed.

Noncarrier pigeons prohibited. Except as otherwise provided in this Section 11-3-19, no person shall raise, maintain, keep or act in such a manner as to attract pigeons or other similar fowl. The conduct prohibited by this provision includes setting out food for the specific purpose of feeding pigeons.

Permit required. Any person wishing to keep carrier pigeons shall be required to obtain an annual permit from the Village Manager. The application for said permit shall include the name and address of the applicant; the approximate number of carrier pigeons kept; the method and location of any stamp or band, and if banded with initials or an identification or registration number rather than the owner's full name, those initials or all identification or registration numbers. All pigeons shall be kept in a loft.

[Amended 10-16-2012 by Ord. No. 2012-3020]

(D)

Loft construction and maintenance.

The construction of a loft shall comply with the Village Building Code.

The loft shall be maintained in a clean, orderly condition, kept in good repair and may be inspected annually by the Village after notice.

(E)

Zoning requirements. All lofts shall comply with the setback, height and lot area regulations for accessory structures in the district in which it is located.

(F)

Nuisance declared.

It is hereby declared a nuisance for the owner of carrier pigeons to feed, house or train their carrier pigeons in such a manner as to knowingly attract other birds to the training, housing or feeding areas. In addition, the carrier pigeon owner shall be present during the training or flying of their carrier pigeons outside.

It is also declared a nuisance for the owner of carrier pigeons to feed, house or train their carrier pigeons in such a way that pigeons defecate upon another's property. Further, it shall be a positive duty of a carrier pigeon owner to remove or otherwise clean up the defecation of their pigeons or other birds attracted to the training, housing or feeding areas of their carrier pigeons. This obligation shall extend to the licensee's property, all public property and all private property where the owner consents to the entry of the licensee upon their property. Said defecation shall be disposed of in a healthful manner.

(G)

Bird feeders. Nothing in this Section 11-3-20 shall be deemed to prohibit the use of bird feeders for the purpose of feeding birds other than pigeons.

11-3-20 Ground feeding prohibited.

No person shall place food on or near the ground for the purpose of feeding any animals.

11-3-21 Penalties. [1]

General penalty. Except as otherwise provided in this Article 3, any person violating any of the provisions of this Article 3 shall be fined an amount set forth in the Annual Fee Resolution for each offense.

Dog licensing violation penalty. Any person who violates any of the dog licensing requirements set forth in this Article 3 shall be fined in an amount set forth in the Annual Fee Resolution.