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Village of Brownstown, IL
Fayette County
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[Amended 9-20-2005 by Ord. No. 2005-09-01]
As used in this Code, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
BOARD OF HEALTH
The Board of Health of the county.
CAT
Both male and female cats.
DEPARTMENT OF HEALTH
The Department of Health of the county.
DIRECTOR
The Director of the Department of Health or his or her duly authorized representative.
HOBBY KENNEL or CATTERY
Any kennel where cats are kept for organized shows, breeding for exhibition, or for the enjoyment of the household.
INOCULATION, VACCINATION or VACCINATION FOR RABIES
The inoculation of a cat with a vaccine approved by the Department of Health for use in the prevention of rabies.
KEEP or HARBOR
The habitually permitting to remain or to be lodged or to be fed within the house, store, yard, enclosure, or other place.
KENNEL
Shall be construed to mean the house, enclosure or place where two or more weaned, unspayed or unneutered cats are harbored or kept; provided, however, that this definition shall not apply to spayed female cats or to the animal shelter or to animal hospitals operated by veterinarians duly licensed under the laws of the state keeping cats for others for treatment or boarding.
[Amended at time of adoption of Code (see Ch. 1, Administration, Art. I, General Code Provisions, Div. I)]
OWN
Unless otherwise indicated in the text, shall be deemed to mean and include own, keep, harbor, or have charge, custody, or control of a cat.
OWNER
Any person or persons, firm, association, or corporation owning, keeping, or harboring a cat.
PERSON
Includes any individual, firm, corporation, association, or partnership.
RUNNING AT LARGE
Off the premises of the owner and not under the control of the owner or a member of his or her immediate family.
[Amended at time of adoption of Code (see Ch. 1, Administration, Art. I, General Code Provisions, Div. I)]
Any person within the Village owning a cat four months of age or older shall have such cat vaccinated against rabies. Terms of subsequent vaccine administration and duration of immunity must be in compliance with USDA licenses of vaccines used. Each unvaccinated cat acquired or moved into the municipality must be vaccinated within 30 days after purchase or arrival, provided that no cat under four months of age shall be required to be vaccinated until it reaches the age of four months. It shall be the duty of every veterinarian, at the time of vaccinating any cat, to provide a rabies vaccination tag to the owner. The rabies vaccination tag shall be attached to and kept upon the collar or harness of the cat.
It is hereby declared unlawful for any owner, keeper, or harborer of any female cat to permit such cat to run at large while in heat, whether or not a valid registration tag is attached.
Each licensed cat must wear a collar bearing the license tag and rabies vaccination tag. This is the owner's responsibility. It shall be unlawful for any person to remove, or cause to be removed, the collar, harness, or metallic license tag or rabies vaccination tag from any licensed cat.
[Amended at time of adoption of Code (see Ch. 1, Administration, Art. I, General Code Provisions, Div. I)]
Any cat running at large in violation of the provisions of this Code is declared to be a public nuisance, and shall be impounded by the director as in this chapter provided, or if the residence of the owner of such cat is determined by the capturing animal control officer before such cat is delivered to the animal shelter, such cat may be delivered to the owner upon said owner's written acceptance of delivery upon a form to be provided by the director. If such cat is so delivered to the owner, an impoundment fee in an amount as set from time to time by the Village Board shall be paid by the owner to director within five days of delivery, and failure to pay said fee shall constitute a separate violation of this section. The warden shall not release any such cat from being impounded until the owner of the cat shall have obtained a license as provided in this Code.
It shall be unlawful for any person to own, or allow to be in or upon any premises occupied by him or her or under his or her charge or control, any cat that in any manner injures or destroys any real or personal property of any description belonging to another. If upon the trial of any offense mentioned in this section it shall appear to municipal judge that the person be guilty as charged in said complaint, said judge may, in addition to the usual judgment of conviction, order the person so offending to make restitution to the party injured in an amount equal to the value of the property so injured or destroyed.
The enforcement of this Code's provision shall be under the direction of the Mayor and any authorized officer enforcing this Code may obtain a search warrant or other appropriate court order to permit entering of premises for purposes of enforcement.
It shall be unlawful for any person to administer, or cause to be administered, poison of any sort whatsoever to any cat, or to neglect, or in any manner to mistreat, injure, maim, or destroy except as elsewhere in the ordinance specifically authorized, or in any manner to attempt to mistreat, injure, maim, or destroy a cat of another, or to place any poison, poisoned food or poisoned bait where the same is accessible to any cat. This section shall not be interpreted to prohibit an act of a licensed veterinarian in causing a cat's death in a humane manner with the approval of the owner of the cat.
When any person owning a cat has been notified by any person injured or by someone in his or her behalf, or by someone with knowledge of said injury, that the person has been bitten or attacked by said cat, or when any person owning a cat has been notified by any person that said cat has been bitten by a rabid animal, the owner shall immediately place the cat under the care and observation of the director or of a licensed veterinarian within the municipality with the expense thereof to be borne by the owner of such cat; and failure of the owner to submit said cat or other animal within 24 hours after notice of said bite or attack to the director or a veterinarian within the Village constitutes a violation of this chapter. The warden or licensed veterinarian shall impound said cat for care and observation for a period of 10 days in compliance with standards adopted by the corporate authorities. It shall be lawful for the warden or an agent of the warden to destroy in a humane manner any cat that has been determined by the director to have rabies or that has been impounded for observation after the period of observation has expired unless the owner shall, within five days after notice has been given, redeem such cat by paying such expense incident to such impounding, observation, or treatment. It shall be illegal for any person to release any cat held for observation to any person prior to expiration of the period of observation. Before any such cat shall be released, the person to whom it is released shall submit proof in the form of a certificate issued by a license veterinarian or other person authorized by law to administer rabies inoculation that such cat does not have rabies and has been properly inoculated for rabies. Such impounded cat may be released temporarily directly by a licensed veterinarian.
It shall be unlawful for any person to hinder, delay, interfere with, or obstruct the Warden while engaged in capturing, securing, or taking to the animal shelter any cat or cats subject to be impounded, or to break open or in any manner directly or indirectly aid, counsel, or advise the breaking open of any animal shelter, or any ambulance, wagon, or other vehicle used for the collecting or conveying of cats to the shelter.