In this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
Includes all domesticated members of the felis catus specie,
male or female.
Includes all domesticated members of the canis familiaris
specie, male or female.
Any person having a right of property in an animal, or who
keeps or harbors an animal, or who knowingly permits an animal to
remain on or about any premises occupied by him.
Includes individuals, firms, partnerships, associations and
corporations.
Includes any public street, alley, sidewalk, parkway, easement,
and municipal, school, park, recreational, or other public properties.
[Amended 7-7-2014 by Ord.
No. 2014-1783]
[Amended 9-6-2005 by FMC-404]
A.
No owner of a dog shall permit, or allow, that dog to be at large
in any public area or on any private property, including the property
of the owner, unless effectively restrained as provided herein.
(1)
Public area restraint.
(a)
No dog shall be on any public area within the Village unless
restrained by a leash and controlled and restrained by a person of
sufficient strength to control and restrain that dog by leash. The
leash required by this subsection shall not be longer than eight feet
and shall be of a size and strength sufficient to control the size
and strength of the dog to which it is attached.
(b)
No dog, even though properly leashed, shall go to or upon any
school ground, public playground, public swimming pool, public park,
church grounds, or upon any path or sidewalk extending through or
within said areas except while participating in pet training or pet
events authorized by the owner of such property.
(c)
No dog or cat is permitted, even though properly leashed or
carried, to enter into any of the following places:
[Amended 5-17-2021 by FMC-2021-6]
(d)
The owner of a dog upon the approach of another pedestrian shall
bring the dog to heel such that half the available public way is free
for use by the other pedestrian.
(2)
Private property restraint.
(a)
Unenclosed area. No dog shall be on an unenclosed area of any
private property outside the principal building unless:
(b)
Enclosed area. Enclosed area on private property is that area outside the principal building which is entirely enclosed by fencing which effectively prevents the dog or dogs within the enclosed area from leaving the enclosed area. The fencing may be traditional, electronic or radio controlled. In the event that a dog leaves the enclosed area to private property of another, without being restrained by a leash as provided in Subsection A(1) above, the owner shall be in violation of this subsection.
(3)
Ineffective restraint.
(a)
In the event that a dog leaves an enclosed or unenclosed area of private property to a public area or private property of another without being restrained by a leash, as provided in Subsection A(1) above, it shall be presumed that the provided fencing, human control, or tethering device was not effective and that dog shall not be permitted in the enclosed or unenclosed area unless restrained by a leash as provided in Subsection A(1) above, until such enclosed area or tethering device is modified or repaired to make it effective and evidence of such modification or repair is delivered to the Chief of Police at the Police Department and verified by inspection by the Chief's designee.
(b)
In the event that a dog leaves an unenclosed area to a public
area or private property of another while under a person's immediate
personal presence then such immediate personal presence shall be presumed
to be insufficient and that dog shall thereafter be controlled by
leash or tethering device when on an unenclosed area.
(c)
In the event that a dog leaves an enclosed or unenclosed area of private property to a public area or private property of another without being restrained by a leash, as provided in Subsection A(1), on three occasions within a twelve-month period, that dog shall be only permitted outside the principal building when restrained by a leash as provided in Subsection A(1).
B.
Penalties. The owner of a dog in violation of this section shall
be fined as follows:
[Amended 7-7-2014 by Ord.
No. 2014-1783]
[Amended 9-6-2005 by FMC-404]
The leash control requirements and the location prohibitions
of this article shall not apply to service dogs while performing their
intended duties.
[Amended 4-19-2004 by FMC-396]
A.
It shall be unlawful for any person who owns, keeps, maintains, harbors
or walks a dog or cat to be on any property, public or private, not
owned or possessed by such person unless such dog or cat is accompanied
by a person who has in his possession a device for the removal of
excrement and a depository for the transmission of excrement to a
receptacle located upon property owned or possessed by such person.
B.
It shall be unlawful for any person who owns, keeps, maintains, harbors
or walks a dog or cat to fail to immediately remove excrement left
by such dog or cat on property, public or private, not owned or possessed
by such person. The excrement shall be removed to a proper receptacle
located on property owned or possessed by such person.
C.
No person shall allow cat or dog excretion to accumulate in any yard,
pen, or premises in or upon which a cat or dog shall be confined or
kept to the extent that the stench becomes offensive to those residing
in the vicinity or results in a health hazard or nuisance.
[Amended 10-4-1976 by FMC-94; 10-4-1993 by FMC-285; 7-7-2014 by Ord. No. 2014-1783]
For the purpose of this section, "habitual barking" shall be
defined as barking for repeated intervals of at least five minutes
with less than one minute of interruption. The barking must also be
audible off of the owner's or caretaker's premises. It shall be unlawful
to harbor or keep any animal which disturbs the peace by loud noises,
such as habitual barking, while unattended and outside its owner's
residence at any time of the day or night, provided that if the complaint
is instituted by a private citizen and not by a law enforcement officer,
said citizen shall sign a formal, written complaint to the law enforcement
officials. This section shall not apply to animals confined on the
premises of an animal hospital or clinic for which a special use has
been granted under the Flossmoor Zoning Ordinance.[1]
[1]
Editor's Note: Original § 19.106, Dangerous animals,
of the 1964 Code, which immediately followed this section, was repealed
1-21-1991 by FMC-260.
No domestic animals with a contagious or infectious disease
shall be allowed to run at large or to be exposed in any public place
whereby the health of man or beast may be affected.
A.
No owner shall fail to provide his animals with sufficient good and
wholesome food and water, proper shelter and protection from the weather,
veterinary care when needed to prevent suffering, and with humane
care and treatment.
B.
No person shall beat, cruelly ill treat, torment, overload, overwork
or otherwise abuse an animal or cause, instigate, or permit any combat
between animals.
C.
No owner of an animal shall abandon such animal.
D.
Any person who, as the operator of a motor vehicle, strikes a domestic
animal shall stop at once and render such assistance as may be possible
and shall immediately report such injury or death to the animal's
owner; in the event the owner cannot be ascertained and located, such
operator shall at once report the accident to the Police Department.
E.
No animal may be left unattended in any vehicle without proper ventilation.
F.
No person shall expose any poisonous substance, whether mixed with
food or not, so that the same shall be liable to be eaten by any animal,
provided that it shall not by unlawful for a person to expose on his
own property common rat poison mixed only with a vegetable substance.
[Amended 5-17-2010 by FMC-441]
It is unlawful to keep, maintain, harbor or possess any of the
following animals:
[Amended 7-7-2014 by Ord.
No. 2014-1783]
It shall be the duty of the appointed Community Service Officer
or the Chief of Police to take up and impound in any facility designated
by the Village Board any dog, cat or other animal found in the Village
in violation of any provisions of this chapter.
[Amended 7-7-2014 by Ord.
No. 2014-1783]
The Community Service Officer or the Chief of Police shall,
within 24 hours of impounding any licensed dog or cat, give notice
in person or by mail or telephone of the owner of such licensed dog
or cat, informing the owner of the cause for impoundment. In the event
the owner cannot be reached, the time limit of impoundment may be
extended accordingly. A complete registry of such animal must be recorded,
including breed, color and sex of such animal, name and address of
the owner, number of license tag and number of inoculation tag, if
evident.[1]
[1]
Editor's Note: Original § 19.113, Impounding of
licensed dogs or cats, as amended, of the 1964 Code, which immediately
followed this section, was repealed 7-7-2014 by Ord. No. 2014-1783.
[Amended 3-3-1975 by FMC-69; 7-7-2014 by Ord. No. 2014-1783]
Any unlicensed dog or cat or other animal impounded under any provisions of this article may be redeemed, having been confined separate from other animals during impoundment, by any person upon payment to the Village of the fees set forth in Chapter 150, Fees, Fines and Charges, Article 3, and all costs incurred by the Village.
[Amended 3-3-1975 by FMC-69]
Any person redeeming an impounded animal must show to the person
in charge of the impounding facility a receipt of fees and costs paid
to the Village, whereupon such animal may be released.
Any animal, licensed or unlicensed, shall be impounded in the
appointed facility no less than four days before being disposed of.
Said animal may be kept longer at the discretion of the veterinarian
in charge of the facility or in the event the owner cannot be reached.
At the discretion of the veterinarian in charge of the impounding
facility any unredeemed animal may, after four days, be destroyed
humanely by injection, or be turned over to individuals desiring to
furnish said animal a suitable home. If the animal is destroyed, the
Village will pay to the veterinarian a reasonable fee for his services.
At the discretion of the veterinarian in charge of the impounding
facility, any sick, suffering or injured animal may be destroyed humanely
by injection. Under no circumstances shall any animal so described
be destroyed by head shooting.
[Amended 1-21-1991 by FMC-260]
Any violation of the Animal Control Act of the State of Illinois
(510 ILCS 5/1 et seq.), and as such Act may be amended from time to
time, shall be deemed a violation of this chapter. In the event of
any inconsistencies between the Act and this chapter, the provisions
of the Act shall prevail to the extent of the inconsistency.[1]
[1]
Editor's Note: Original § 19.120, Penalties (for
dangerous and vicious dogs), as amended, of the 1964 Code, which immediately
followed this section, was repealed 7-7-2014 by Ord. No. 2014-1783.
[Amended 3-4-2002 by FMC-373; 9-6-2005 by FMC-404; 7-7-2014 by Ord. No. 2014-1783]
[Added 8-16-2010 by FMC-445]
A.
Flossmoor Fest. No dogs are permitted in the area of the Village
being used or occupied by the events associated with Flossmoor Fest
during the day(s) of the event. The owner or custodian of a dog in
violation of the above prohibition shall be issued a citation for
such violation if they fail to remove the dog from the premises when
directed to do so by a police officer. A violation of this section
is a failure to abide by the direction of a police officer.
[Amended 7-7-2014 by Ord.
No. 2014-1783]
B.
Other community events. The Village Manager may prohibit dogs at other community events, in a manner provided for in Subsection A above, when in her judgment, dogs should be prohibited. When she makes such a determination, she shall post notice thereof on the Village website and such determination shall have the force of law.
C.
Service dogs. Service dogs, police K-9s and other dogs engaged in
authorized demonstrations at community events shall not be subject
to the regulations in this section.
