[Amended 9-20-2005 by Ord. No. 2005-09-01]
This chapter shall be known and may be cited as the "Animal
Control Code."
For the purposes of this chapter, the following definitions
are adopted and shall be used:
Any animal, other than man, which may be affected by rabies.
Any person appointed by the Mayor and approved by the Village
Board to perform duties enforcing this Code or any animal control
official appointed and acting under authority of the Fayette County
Board.
Any dog shall be deemed to be at large when it is off the
property of its owner and not under the control of a responsible person.
Any feline, regardless of age or sex.
Restriction of an animal at all times by the owner, or his
agent, to an escape-proof building or other enclosure away from other
animals and the public.
Any individual dog which, when either unmuzzled, unleashed,
or unattended by its owner or custodian, or a member of its owner's
or custodian's family, behaves in a manner that a reasonable person
would believe poses a serious and unjustified imminent threat of serious
physical injury or death to a person or a companion animal, or a dog
that, without justification, bites a person and does not cause serious
physical injury.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
The Department of Agriculture of the State of Illinois.
All members of the family Canidae.
Has been seized with the teeth or jaws so that the person
or animal seized has been nipped, gripped, wounded, or pierced, and
further includes contact of saliva with any break or abrasion of the
skin.
The injection of an antirabies vaccine approved by the Department.
An establishment, other than a pound or animal shelter, where
dogs or cats, or any combination thereof, are maintained for boarding,
training, or similar purposes for a fee or compensation, or the safe,
exchange, or adoption, with or without charge, of such animals. Individual
owning or harboring of three or fewer animals shall not be determined
to a kennel for purpose of this definition, but shall be required
to maintain sick animals as otherwise required herein.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
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.
A veterinarian licensed by the state in which he engages
in the practice of veterinary medicine.
A person having a right of property in a dog or other animal
or who keeps or harbors a dog, or who has a dog in his care, or who
acts as its custodian, or who knowingly permits a dog or other domestic
animal to remain on or about any premises occupied by him.
Any person, firm, corporation, partnership, society, association
or other legal entity, any public or private institution, the State
of Illinois, municipal corporation or political subdivision of the
state or any other business unit.
Any facility approved by the Village President and licensed
as such by the Department of Agriculture for the purpose of enforcing
this Code and used as a shelter for seized, stray, homeless, abandoned,
or unwanted dogs or other animals.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
A printed form prescribed by the Department of Agriculture
for the purpose of recording pertinent information as required by
the Department under the Animal Control Act.[1]
A dog is under "restraint" within the meaning of this Code
if it is controlled by a leash; at "heel" beside a responsible person;
within an enclosed vehicle being driven or parked on the streets;
or within the property limits of his owner or keeper.
As it applies to dogs, shall mean a moistureproof structure
of suitable size to accommodate the dog and allow retention of body
heat, made of durable material with a solid floor raised at least
two inches from the ground and with the entrance covered by a flexible,
windproof material. Such structure shall be provided with a sufficient
quantity of suitable bedding to provide insulation and protection
against cold and dampness.
Protection from the direct rays of the sun during the months
of June through September.
Any dog not on the premises of the owner or keeper or under
control by leash or other recognized control methods, and which does
not, at that time and place, bear a current rabies inoculation tag
issued pursuant to the provisions of this Code, by means of which,
by reference to records of current registration certificates, the
Village President or his deputies or assistants may determine the
name and address of the owner or keeper thereof, or some other means
of identification from which the Village President or his deputies
or assistants may directly determine the name and address of the owner
or keeper thereof.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
Any individual dog:
That, when unprovoked, inflicts, bites or attacks a human being
or other animal either on public or private property;
With a known propensity, tendency or disposition to attack without
provocation, to cause injury or to otherwise endanger the safety of
human beings or domestic animals;
That has a trait or characteristic and a generally known reputation
for viciousness, dangerousness or unprovoked attacks upon human beings
or other animals, unless handled in a particular manner or with special
equipment;
Which attacks a human being or domestic animal without provocation;
Which has been found to be a "dangerous dog" upon three separate
occasions.
No dog shall be deemed "vicious" if it bites, attacks, or menaces
a trespasser on the property of its owner or harms or menaces anyone
who has tormented or abused it or is a professionally trained dog
for law enforcement or guard duties. Vicious dogs shall not be classified
in a manner that is specified as to breed.
Any live monkey or ape, raccoon, skunk, fox, snake, or other
reptile, leopard, panther, tiger, lion, lynx or any other animal or
any bird of prey which can normally be found in the wild state or
a wolf, coyote, or the offspring of a mating between a wolf or coyote
and a dog.
[1]
Editor's Note: See 510 ILCS 5/1 et seq.
(A)
Unlawful. It shall be unlawful for any person owning or possessing
a dog or cat to permit such dog or cat to go upon any sidewalk, parkway,
or private lands or premises without the permission of the owner of
such premises and break, bruise, tear up, crush or injure any lawn,
flower bed, plant, shrub, tree or garden in any manner whatsoever,
or to defecate thereon.
(B)
Waste Products Accumulations. It shall be unlawful for any person
to cause or permit a dog or cat to be on property, public or private,
not owned or possessed by such person unless such person has in his
immediate possession an appropriate device for scooping excrement
and an appropriate depository for the transmission of excrement to
a receptacle located upon property owned or possessed by such person.
This section shall not apply to a person who is visually or physically
handicapped.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
Any enclosure provided in accordance with this section shall
comply with the requirements of 510 ILCS 5/2.11a and the following:
(A)
Pens. All pens or other structure wherein any animal is kept shall
be of such construction so as to be easily cleaned and kept in good
repair and shall be in substantial compliance with the following requirements:
(B)
Fences. Fences which are intended as enclosures for any animal shall
be securely constructed, shall be adequate for the purpose, kept in
good repair and shall not be allowed to become unsightly. All new
pens and fences constructed subsequent to the effective date of this
article must conform to the above provisions and all existing pens
and fences must be brought into conformance within 120 days of the
passage of this article.
(A)
Harboring. It shall be unlawful for any person to knowingly keep
or harbor any dog which habitually barks, howls or yelps, or any cat
which habitually cries or howls to the great discomfort of the peace
and quiet of the neighborhood, or in such manner as to materially
disturb or annoy persons in the neighborhood who are of ordinary sensibilities.
Such dogs and cats are hereby declared to be a public nuisance.
(B)
Petitions of Complaint. Whenever any person shall complain (in writing)
to the Police Department that a dog which habitually barks, howls
or yelps or a cat which habitually cries or howls is being kept by
any person in the Village, any Trustee, Village Official or Law Enforcement
Agency shall notify the owner of said dog or cat that a complaint
has been received and that the person should take whatever steps are
necessary to alleviate the howling, yelping or crying.
(A)
Cruelty to Animals Prohibited. It shall be unlawful for any person
to willfully or maliciously inflict unnecessary or needless cruelty,
torture, abuse or cruelly beat, strike or abuse any animal, or by
an act, omission or neglect, cause or inflict any unnecessary or unjustifiable
pain, suffering, injury or death to any animal, whether such animal
belongs to such person or to another, except that reasonable force
may be employed to drive away vicious or trespassing animals. Any
unwanted animals should be delivered to the County Animal Control
Facility for proper disposal.
(B)
Food and Shelter. It shall be unlawful for any person in charge of any animal to fail, refuse, or neglect to provide such animal with food, potable water, shade or shelter, or to cruelly or unnecessarily expose any such animal in hot, stormy, cold or inclement weather, or to carry any such animal in or upon any vehicle in a cruel or inhumane manner. The terms used in this section shall comply with § 3-1-2.
(A)
It shall be unlawful for any person to keep or permit to be kept
on his premises any wild or vicious animal as described in this chapter
for display or for exhibition purposes, whether gratuitously or for
a fee. This section shall not be construed to apply to zoological
parks, performing animal exhibitions, or circuses.
(B)
It shall be unlawful for any person to keep or permit to be kept
any wild animal as a pet, unless a permit is granted by the Department
of Natural Resources of the State of Illinois.
(C)
It shall be unlawful for any person to harbor or keep a vicious animal
within the Village. Any animal which is found off the premises of
its owner may be seized by any police officer or humane officer and
upon establishment to the satisfaction of any court of competent jurisdiction
of the vicious character of said animal, it may be killed by a police
officer or humane officer; provided, however, that this section shall
not apply to animals under the control of a law enforcement or military
agency nor to animals which are kept for the protection of property,
provided that such animals are restrained by a leash or chain, cage,
fence, or other adequate means from contact with the general public
or with persons who enter the premises with the actual or implied
permission of the owner or occupant.
(D)
The Department of Natural Resources shall issue a temporary permit
for the keeping, care, and protection of any infant animal native
to this area which has been deemed to be homeless then said animal
may be kept on a temporary basis.
The Mayor shall have the power to issue an order prohibiting
the keeping of any animal, fowl or bird which is deemed to be a nuisance
or pose a health hazard to the general public.
(A)
Nuisance. The keeping of more than three dogs and/or cats in the Village for any length of time more than 90 days detracts from and, in many instances, is detrimental to the health and public safety of the Village and its citizens. Therefore, the keeping of more than three dogs and/or cats is, declared to be a public nuisance. The terms "dog" and "cat" shall be construed as provided in § 3-1-2.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
(B)
Kennels. No kennel as defined herein for a dog or cat shall be kept,
maintained or constructed within the Village.
[Amended 8-16-2016 by Ord. No. 2016-08-02]
(A)
Certain prohibitions. It shall be unlawful, and is hereby declared
a nuisance for any person to keep or allow to be kept any animal of
the species of cattle, horses, sheep, swine, goats, ducks turkeys,
geese, or other livestock (with the exception of chickens and rabbits)
within the Village limits.
(1)
It shall be unlawful to keep roosters within Village limits.
(2)
Allowable animals shall be deemed "hobby animals."
(3)
The number of allowable poultry/fowl shall be no less than two
and no more than six.
(4)
Any structures housing hobby animals shall be termed an "accessory
structure."
(5)
Care for hobby animals shall follow the provisions set forth
in this chapter.
(a)
Hobby animals shall be kept in such a way so as not to cause
a nuisance.
(b)
Hobby animal runs, yards and coops shall be constructed and
maintained to reasonably prevent the collection of standing water,
and shall be cleaned of droppings, uneaten or discarded feed, and
other waste with such frequency as is necessary to ensure the yard,
coop, and pen do not become nuisances.
(i)
Coops, pens and yards shall be large enough to
provide at least four square feet per animal.
(ii)
The coop must be built to provide ventilation,
shade, protection from precipitation, protection from cold weather
and to be secure from predators, wild birds and rodents.
(iii)
Openings in windows and doors must be covered
by wire mesh or screens to deter predators.
(iv)
Access doors must be sized and placed for ease
of cleaning.
(v)
The enclosed run must be attached to the coop or
must surround the coop. The sides of the run must be made of fencing
or wire mesh that discourages predators.
(vi)
The run must be enclosed on all sides, including
the top or roof plane.
(vii)
Odors from pens, manure or related substances
shall not be detectable from property lines. Manure must be stored
and disposed of. Manure may be composted. All manure not composted
must be removed from property regularly.
(viii)
The chicken coop and run shall be located in
the rear of the residential structure. The pen, coop and run are allowed
in the rear yard, but not the side or front yards.
(ix)
The coop and run shall be located at least five
feet from the property line and at least 25 feet from any dwelling.
(6)
No person shall slaughter any hobby animal within Village limits
in view of the public.
(7)
No hobby animal shall be permitted to run at large. All animals
shall be kept in a designated coop or run. Hobby animals may be allowed
to exercise in a rear yard with a six-foot or higher fence with supervision.
(8)
No lawfully owned cat or dog shall be deemed dangerous, vicious
or otherwise punished for attacking or killing any hobby animal allowed
to run astray whether by accident or design.
(9)
Pens, coops and runs not maintained shall be deemed a public
nuisance and will be immediately and permanently removed.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
