[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:
CAT
Both male and female cats.
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.
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.