[Adopted as § 3.2 of the 2000 Code]
As used in this article, the following terms shall have the
meanings indicated:
Any canine, regardless of age or sex.
Any person owning, harboring or keeping a dog and the occupant
of any premises on which a dog remains or to which it customarily
returns daily for a period of 10 days is presumed to be harboring
or keeping the dog within the meaning of this section.
[Added 1-6-2015 by Ord. No. 01-2015]
It shall be unlawful for any person knowingly to keep or harbor
any dog which habitually barks, howls or yelps to the great discomfort
of the peace and quiet of the neighborhood or in such manner as materially
to disturb or annoy persons in the neighborhood who are of ordinary
sensibilities. Such dogs are hereby declared to be a public nuisance.
A dog is considered to be in violation of this section when two complaints
are filed with the Chief of Police, substantiated by a complainant.
A.
Upon receiving a complaint from a person or persons of a barking
dog, the Police Department shall serve a written notice on the owner
of said dog, where the written notice shall indicate:
B.
Impounding of animals. Upon receiving a second complaint from a person or persons of the dog described in the written notice of Subsection A, the police, the Village's designated animal control agent, any authorized employee of the Village, or any county or Village law enforcement officer may apprehend and impound the dog. The Police Department shall serve written notice on the owner within 48 hours of impounding.
[Amended 1-6-2015 by Ord. No. 01-2015]
C.
Redeeming impounded animals. The owner may recover the dog within
the time period established by the Village and given in the written
notice. If the owner shall not recover the dog within the time period,
the dog shall be disposed of.
[Amended 1-6-2015 by Ord. No. 01-2015]
Any owner who shall keep or harbor a barking dog after receiving the second written notice as described in § 102-3B of this article shall be subject to a forfeiture of not less than $5 and not more than $500 together with the actual costs of prosecution, including attorney's fees. Each day of continuing violation shall constitute a separate offense.