A.
This chapter may be cited as the "Animal Control Code."
B.
This chapter shall be liberally construed to the end that the health
and safety of the public shall be protected, with the express purpose
of this chapter to:
(1)
Protect animals from improper use, abuse, neglect, exploitation,
inhumane treatment and health hazards;
(2)
Delineate the animal owner's or harborer's responsibility for the
acts and behavior of his animal at all times;
(3)
Provide security to residents from annoyance, intimidation, injury
and health hazards by animals;
(4)
Encourage responsible pet ownership; and
(5)
Provide standards for any and all persons and agencies, public or
private, engaged in confinement, buying, selling, harboring or dealing
in animals in any manner whatsoever.
As used in this chapter, the following terms shall have the
meanings indicated:
Every living creature, other than man, which may be affected
by rabies.
[Amended 1-8-2018 by Ord.
No. 18-1-8-4]
When an animal:
Runs uncontrolled;
Molests or disturbs persons or vehicles by chasing, barking
or biting;
Attacks other animals;
Damages property other than that of the owner or harborer;
Barks, whines, howls, honks, brays, cries or makes other noises
excessively;
Creates noxious or offensive odors;
Defecates upon any public place or upon premises not owned or
controlled by the owner or harborer unless promptly removed by the
animal owner or harborer; or
Creates an insect breeding and/or attraction site due to an
accumulation of excreta.
A licensed facility, public or private, used to confine and
house animals seized, lost, abandoned or given over by owners.
To be seized with the teeth or jaws so that a person or animal
has been nipped, gripped, wounded, pierced, or resulting in a break
or abrasion of the skin.
A licensed facility other than an animal hospital or an animal
shelter where animals, normally dogs and cats not owned by the proprietor,
are temporarily sheltered, fed, watered and exercised in return for
a fee.
Any person who harbors five or more animals, normally dogs
or cats, or who breeds animals, producing at least two litters in
any one calendar year.
Any member of the animal species Felis catus six months or
more in age.
An animal is under control if it is on a leash not more than
eight feet in length; is under voice control in the presence of a
competent person; is on or within a vehicle being driven or parked;
or is within the property limits of its owner or harborer or upon
the premises of another person with the consent of that person.
Any dog which, because of its aggressive nature, training or
characteristic behavior, is capable of inflicting serious physical
harm or death to humans, and which would constitute a danger to human
life or property if it were not kept in the manner required by this
chapter; or
Any dog which, when unprovoked, chases or approaches a person
in a menacing fashion or apparent attitude of attack on public or
private property.
Any member of the animal species Canis familiaris six months
or more in age.
Includes dogs, cats, domesticated sheep, horses, cattle,
goats, swine, fowl, ducks, geese, turkeys, confined domestic hares
and rabbits, pheasants and other birds and animals raised and/or maintained
in confinement.
A death brought about by any method which produces rapid
loss of consciousness to a painless death.
A person who exhibits animals, normally dogs and cats, for
compensation or improvement of the breed.
A bite anywhere above the shoulders of a human.
A person who performs the service of trimming, bathing or
pedicure of animals, normally dogs and cats.
Any person who provides food and shelter for any domesticated
animal on other than a periodic or temporary basis.
Any person having right of property in any animal; who keeps
an animal; who has an animal in his or her care or custody; or who
knowingly permits an animal to remain on or about any premises occupied
by him or her.
Any individual, firm, corporation, partnership, association,
trust, estate or other legal entity.
An establishment operated by a person which acquires animals,
birds, reptiles and fish bred by others, whether an owner, agent or
on consignment, and sells, offers to sell, exchanges or offers for
adoption, with or without charge, such animals, birds, reptiles and
fish as domestic pets to the general public at wholesale or retail.
That facility as designated by the Village Board used to
temporarily confine and house animals that have been seized.
A person qualified by training and experience in various
facets of animal life, normally dogs.
The administration of antirabic vaccine by a licensed veterinarian
at such intervals as required by state statutes and the State Department
of Agriculture.
Any dog with a propensity, tendency or disposition to attack
unprovoked, to cause injury to or otherwise threaten the safety of
human beings or domestic animals; or any dog, which without provocation,
attacks or bites, or has attacked or bitten, a human being or domestic
animal; or any dog owned or harbored primarily, or in part, for the
purpose of dog fighting or any dog trained for dog fighting, or any
dog which has been found to be vicious by a court of competent jurisdiction
in a trial or hearing upon a charge of harboring a vicious animal.
An animal under control:
Is physically capable of hearing normal commands;
Is, at the time under consideration, within reasonable proximity
to the controller so that shouting or excessively loud commands are
not necessary;
Has been adequately trained in obedience so as to be capable
of understanding control commands; and
Either continually demonstrates, or is able to demonstrate on
demand, response to a command that will cause the animal to immediately
come into close proximity to the controller and cease any kind of
aggressive behavior or action that would be offensive to other persons
or animals.
Any member of the animal species Canis familiaris trained
for and actively engaged in rescue, law enforcement or as a guide
for the blind or deaf.
A.
The Chief of Police shall be responsible for administering this chapter.
B.
The Chief of Police or an agent, or any officer of the law, may:
(1)
Enter upon private premises to apprehend a stray animal, a vicious
animal, a dangerous animal, a wild creature or an animal suspected
of being infected with rabies;
(2)
Enter upon private premises to investigate complaints of irresponsibility
or inhumane animal care; and
(3)
Seize, impound or dispose of any vicious animal of any kind when
necessary for the protection of any person or animal.
A facility for proper impoundment of animals on a temporary
basis shall be designated from time to time by the Village Board.
It shall be unlawful for any owner or harborer of a domestic
animal not to provide for his or her animal:
A.
Sufficient quantity of good and wholesome food and water;
B.
Proper protection and shelter from the weather;
C.
Veterinary care when needed to prevent suffering;
D.
Humane treatment; and
E.
Prompt removal and sanitary disposal of all excreta deposited by
his or her animal anywhere in the Village.
A.
It shall be the duty of every person, firm or corporation owning,
keeping or harboring any dog or cat in the Village to register the
same with the Clerk and to pay a license fee of $3 for each dog or
cat.
B.
It shall be unlawful for any person owning or having custody of any
dog or cat to cause or allow the same to be in any public place anywhere
in the Village unless such dog or cat shall be wearing a collar to
which a tag is securely fastened, upon which tag is inscribed the
name, address and telephone number, if any, of the owner or harborer
of the animal; further, each such animal shall have affixed to its
collar a tag evidencing inoculation against rabies for the current
year. Any dog or cat found in any public place not wearing a collar
and tags for the current year shall be deemed a stray animal and shall
be seized.
It shall be unlawful for any person to own, keep, care for,
have custody of or knowingly permit at any time more than four dogs
or cats, in any combination thereof, excluding work dogs, to be upon
any property in the Village, excluding properly licensed animal shelters,
animal hospitals and clinics; grooming parlors; animal training schools
and boarding kennels; and the premises of breeders granted a permit.
A.
License required. It shall be unlawful for any person to maintain
or operate a boarding kennel or pet shop or be a breeder as defined
by this chapter without having first obtained a license therefor.
Application for such license shall be made on forms provided by the
Village. Such application shall specify existing district zoning of
the premises and the precise location upon the premises of the kennels
or pens in which animals are to be kept. No such kennels or pens shall
be located less than 10 feet from the nearest public place or lot
line bounding the premises.
B.
Investigation. Upon receipt of such application, the Chief of Police
shall cause an investigation to be made as in his judgment is necessary
for making proper recommendations to the full Village Board. The Village
Board may, in its sole discretion, cause a license to be issued to
the applicant upon payment of the license fee.
C.
License fees.
(1)
The license for any boarding kennel, pet shop or breeder shall expire
on the 31st day of December following its issuance. The annual fees
for such licenses shall be as follows:
(2)
Should the business of buying, selling or dealing in birds, dogs
or other small animals as household pets or for domestic purposes
be conducted, operated, managed or carried on in connection with a
boarding kennel on the same premises by the same person, only one
license need be obtained. The amount of such license shall be the
highest license fee applicable to a kennel. The licensee of any kennel
or pet shop shall be held responsible for the proper licensing of
each dog and cat which may be owned, kept or harbored at such kennel
or pet shop in the Village.
D.
Sanitation requirements. Every kennel, pet shop and breeding premises
shall be kept in a sanitary condition and shall be free and clear
from decaying food and filth of any kind. All kennels and pens shall
be cleaned and disinfected on a regular schedule, and shall be kept
in a sanitary condition satisfactory to the Chief of Police, who shall
have the right to cause an inspection of the premises to be made from
time to time.
E.
Revocation of license. If a report of the Chief of Police consistently
indicates that the person conducting such kennel, pet shop or breeding
operation has not complied with the provisions of this chapter and
with Village ordinances regulating health, safety and sanitation,
the Village Board may revoke any license granted hereunder.
A.
The owner or harborer of any dog or cat requiring veterinary, impounding,
licensing, destruction or disposition services as a result of any
violations of this chapter shall be responsible for all such expenses.
Failure to assume such expenses shall be deemed an act of disclaiming
and the dog or cat involved shall be considered a stray animal.
B.
The Village may apply to any court of competent jurisdiction to recover
costs not assumed by any owner or harborer, including the attorney
fees and costs incurred in such application.
Any violation of this chapter is hereby declared to be a nuisance.
In addition to any other relief provided by this chapter, the Village
Attorney may apply to a court of competent jurisdiction for an injunction
to prohibit the continuation of any violation of this chapter. Such
application for relief may include seeking a temporary restraining
order, temporary injunction and permanent injunction and may include
a judgment against the offending person for the costs of such action,
including reasonable attorney fees.
