[Adopted as Ch. 14, Art. II, of the 2000 Code of Ordinances]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
ANIMAL
Any living, vertebrate creature, domestic or wild, not including
man.
ANIMAL CONTROL OFFICER
Any person designated by the Village to enforce the provisions
of this article or any law enforcement officer empowered to enforce
municipal ordinances.
AT LARGE
Any animal which is off the premises of the owner, and not
under the direct control of the owner or a member of their immediate
family or other responsible person, by means of a leash, cord, chain
or other such restraint.
DANGEROUS ANIMAL
Any animal which, without provocation, attacks or injures
a person who is peaceably conducting themselves in any place where
they lawfully may be. Dangerous animals shall also include any animal
which, because of its size, vicious propensity or other characteristic,
would constitute a danger to human life, property or domestic animals
if not restrained or kept in a safe manner.
DOG
Any animal of the family Canidae, of either or no sex and
of any age.
KENNEL OPERATOR
Any person who operates an establishment, other than a pound
or animal shelter, where dogs and/or cats are maintained for boarding,
training, or similar purposes for a fee or compensation; or who sells,
exchanges or offers for adoption with or without charge dogs and/or
cats which they have produced or raised. A person who owns or harbors
three or fewer female animals shall not be considered a kennel operator.
OWNER
Any person who has a right or property interest in an animal,
who keeps or harbors an animal, who has an animal in their care, who
acts as custodian of an animal, or who knowingly permits any domestic
animal to remain on or about any premises occupied by them or under
their control.
PERSON
Any person, firm, corporation, partnership, association or
other legal entity.
PET SHOP OWNER
Any person who operates an establishment, other than a pound
or animal shelter, where animals are sold, offered for sale, exchanged
or offered for adoption with or without charge. A person who sells,
offers to sell, exchanges or offers for adoption only such animals
that they have produced or raised shall not be considered a pet shop
operator.
POLICE OFFICER
Any person employed by the Village or by the state or any
city, county, or township, and whose duty it is to preserve the peace
or to make arrests or to enforce the law.
PUBLIC NUISANCE
Any animal or animals which:
A.
Chases passersby or passing vehicles;
C.
Is at large three or more times within a year's time;
D.
Damages private property; or
E.
Barks, howls, cries or runs at large, so as to disrupt the peace
of the neighborhood.
RESTRAINT
An animal shall be deemed under restraint if:
A.
It is under the control of its owner or other responsible person
by means of a leash, cord, rope, strap, chain or lead held by such
owner or person and securely fastened to the collar or harness attached
to the animal; or
B.
It is securely enclosed, confined or restrained on premises
where it lawfully may be so as to be unable to enter upon the public
way or to molest persons lawfully using the public way.
The keeping of household pets (including cats, dogs, household
fish and household birds) and other animals shall only be permitted
within the Village as is authorized by this article.
All kennel operators, pet show operators, and animal shelters
shall:
A. Maintain sanitary conditions in areas where animals are kept for
any period of time;
B. Provide sufficient and proper ventilation in all areas where animals
are kept for any period of time;
C. Provide adequate nutrition for all animals; and
D. Take reasonable care to prevent the transmission of disease, including
necessary veterinary care.
[Amended 3-15-2004 by Ord. No. 279]
It shall be unlawful for any person owning or having charge,
care, or control of a dog to allow or permit such dog to soil any
public or private property other than that of the owner, keeper, custodian,
or person having control of such dog without promptly removing or
disposing of, in a sanitary manner, any of its excreta deposited by
a dog upon any public or private property. This provision shall not
apply, however, to an owner who is blind or visually impaired, if
such owner's dog is a trained guide dog.
[Amended 3-15-2004 by Ord. No. 279]
Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this article shall be responsible for a municipal civil infraction, subject to §
1-2. Increased civil fines may be imposed for "repeated violations," which means a second or subsequent municipal civil infraction violation committed by a person within any twelve-month period and for which a person admits responsibility or is determined to be responsible. The increased civil fine for repeat violations is set forth in §
1-2.