ARTICLE I – GENERAL REGULATIONS
3-1-1 SHORT TITLE. This Chapter shall be known and may be cited as the Animal Control Code. (See 510 ILCS 5/1)
3-1-2 DEFINITIONS. For the purposes of this Chapter, the following definitions are adopted and shall be used:
“ANIMAL” shall mean any animal, other than man, which may be affected by rabies. (See 510 ILCS 5/2.02)
“ANIMAL CONTROL WARDEN” means 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 County Board. (See 510 ILCS 5/2.03)
“AT LARGE”. 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.
“CAT” shall mean any feline, regardless of age or sex.
“CONFINED” means 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. (See 510 ILCS 5/2.05)
“DANGEROUS DOG”. “Dangerous dog” means any individual dog which when either unmuzzled, unleashed,a or unattended by its owner, or a member of its owner’s family, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon streets, sidewalks, or any public grounds or places. (See 510 ILCS 5/15(2))
“DEPARTMENT OF AGRICULTURE” means the Department of Agriculture of the State of Illinois. (See 510 ILCS 5/2.06)
“DOG”. “Dog” means all members of the family Canidae. (See 510 ILCS 5/2.11)
“HAS BEEN BITTEN” means 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. (See 510 ILCS 5/2.12)
“INOCULATION AGAINST RABIES” means the injection of an anti-rabies vaccine approved by the Department. (See 510 ILCS 5/2.13)
“LEASH” means 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. (See 510 ILCS 5/2.14)
“LICENSED VETERINARIAN”. “Licensed veterinarian” means a veterinarian licensed by the State in which he engages in the practice of veterinary medicine. (See 510 ILCS 5/2.15)
“OWNER”. For the purpose of this Code, the word “owner” means a person having a right of property in a dog 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 to remain on or about any premises occupied by him. (See 510 ILCS 5/2.16)
“POUND”. “Pound” means any facility approved by the Administrator 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. (See 510 ILCS 5/2.18)
“REGISTRATION CERTIFICATE”. “Registration Certificate” means a printed form prescribed by the Department for the purpose of recording pertinent information as required by the Department under this Code. (See 510 ILCS 5/2.19)
“RESTRAINT”. A dog is under “restraint” within the meaning of this Code if he is controlled by a leash; at “heel” beside a responsible person; within a vehicle being driven or parked on the streets; or within the property limits of his owner or keeper.
“SHADE” shall mean protection from the direct rays of the sun during the months of June through September.
“SHELTER”, as it applies to dogs, shall mean a moisture-proof 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 (2) inches from the ground and with the entrance covered by a flexible, windproof material.
“UNOWNED STRAY DOG”. “Unowned stray dog” means 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 Administrator 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 Administrator or his deputies or assistants may directly determine the name and address of the owner or keeper thereof. (See 510 ILCS 5/2)
“VICIOUS ANIMAL” shall mean any animal which has previously attacked or bitten any person or which has behaved in such a manner that the person who harbors said animal knows or should reasonably know that the animal is possessed of tendencies to attack or bite persons.
“WILD ANIMAL” shall mean 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. (See 510 ILCS Sec. 5/24)
3-1-3 INJURY TO PROPERTY; ANIMALS RUNNING AT LARGE
(A) Unlawful. It shall unlawful for any person owning or possessing an animal to permit such animal to go upon any sidewalk, parkway, or private lands or premises without the permission of the owner of such premises or lands 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.
(C) Animals running at large. No animal shall run at large at any time within the village limits. Any animal running at large at any time within the Village may be taken up by the Animal Control Officer and placed in a pound as designated by the Board. Running at large means the presence of any animal at any place other than the premises of the owner or keeper of the animal, if any, or other than any premises for which the owner or keeper of the animal has permission from the owner or occupant of said premises that the animal may be present upon said premises, unless the animal is on a leash or other restraining device and under control of a person physically able to control the animal. (See 65 ILCS 5/11-20-9)
(D) Definition of animal. The definition of the word animal as used herein this Paragraph 3-1-3 shall include any animal, whether domestic or wild, which is capable of contracting rabies. (Ord. #639; 8/13/2009)
3-1-4 MANNER OF KEEPING.
(A) Pens, Yards, or Runs. All pens, yards, runs or other structures wherein any animal is kept shall be of such construction so as to be easily cleaned and kept in clean and good repair, and free of noxious odors.
(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.
3-1-5 KEEPING BARKING DOGS AND CRYING CATS.
(A) Harboring. It shall unlawful for any person owning or possessing a dog or cat to knowingly keep or harbor any dog which barks, howls or yelps, or any cat which 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) Note: this subparagraph has been deleted as of March 10, 2011. (Ord. #673; 3/10/2011)
3-1-6 CRUELTY TO ANIMALS PROHIBITED.
(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 clean 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 Section 3-1-2. (See 65 ILCS Sec. 5/11-5-6)
3-1-7 EXHIBITING WILD OR VICIOUS ANIMALS.
(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 licensing authority may 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.
3-1-8 HEALTH HAZARD. 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, and may seek judicial enforcement of said order.
3-1-9 LIMITATIONS ON NUMBER OF DOGS KEPT
(A) Nuisance. The keeping of an unlimited number of dogs in the Village for a considerable period of time detracts from and, in many instances, is detrimental to the healthful and comfortable life for which such areas were created.
The keeping of an unlimited number of dogs is, therefore, declared to be a public nuisance. The term dog shall be construed as provided in Section 3-1-2.
(B) Limitation; Exception. It shall be unlawful for any person or persons or entity to own or keep or allow to be kept more than three (3) dogs at any one household within the village limits, and the maximum dogs that may be kept at any household shall be three (3) dogs, regardless of the ownership of the dogs, with the exception that a litter of pups or a portion of a litter may be kept for a period of time not exceeding three (3) months from birth. (Ord. #639; 8/13/2009)
3-1-10 LIMITATION ON TYPES OF ANIMALS KEPT.
(A) Limitation. Notwithstanding any other provision of this Municipal Code, no person shall keep, harbor or allow to be kept or harbored within the village limits any live four-limbed animal.
(B) Definition of four-limbed animal. Subject to the exceptions hereafter noted, for purposes of this Section 3-1-10, a four-limbed animal is any animal which is a mammal, amphibian, reptile, or bird, whether wild or domesticated and regardless of the purpose for said keeping, including but not limited to keeping said animal for commercial reasons, as foodstock, or as a pet.
(C) Exceptions. The following animals shall be exempt from the provisions of this Section 3-1-10:
(3) birds, amphibians, reptiles, and mammals which are small in size and kept as pets which are generally confined within a cage and kept inside the household, except that no person may keep a wild animal as a pet whose species is normally considered as dangerous to human life
(4) any animal maintained by a humane society, animal shelter, veterinary facility, or educational institution at its respective facility or maintained by benefit of an appropriate state or federal license
(5) any animals for which the Mayor in his discretion grants written permission to its keeper or owner that such animals may be present in the village for a special and limited purpose and time, such as pony rides, petting zoos, and the like.
(D) Public Nuisance; Impoundment. It is hereby declared that any animal so kept or harbored within the village limits is a public nuisance and shall be subject to impoundment by any police officer or animal control officer.
(E) No defense. It shall be no defense to a violation of this Section 3-1-10 that the owner or keeper of the animal has attempted to domesticate that animal.
(F) No “Grandfathering”. All persons or entities within the Village limits shall maintain their animals and property in such a manner as to comply with this Section 3-1-10 and shall be responsible for all costs and expenses that a person or entity might incur in bringing his, her or its animals and property into compliance with this Article. This Section 3-1-10 applies to all persons or entities located temporarily or permanently within the Village limits, regardless of whether a person or entity may have received a special use permit, exemption, or permission, by ordinance or otherwise, from the Village Board or Village personnel in the past. Any exemption, special use permit, or permission granted in the past by the Village which purports to allow any action or status which would be a violation of this Section 3-1-10 is hereby rescinded and declared null and void. It is the intent of this Section 3-1-10 that it apply retroactively and that no animal or person will be grandfathered to be exempt from this Section.
(Ord. #663; 10/14/2010)
(See 65 ILCS Secs. 5/11-1-1; 5/11-5-6 and 5/11-20-9)
ARTICLE II – VICIOUS AND DANGEROUS DOGS
3-2-1 DEFINITIONS. As used in this Article, the following words shall have the following meanings and definitions:
(A) “Vicious dog” means:
(1) Any individual dog that when unprovoked inflicts bites or attacks a human being or other animal either on public or private property.
(2) Any individual dog 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.
(3) Any individual dog 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.
(4) Any individual dog which attacks a human being or domestic animal without provocation.
(5) Any individual dog which has been found to be a “dangerous dog” upon three (3) 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 specific as to breed.
If a dog is found to be a vicious dog, the dog shall be subject to enclosure.
(B) “Dangerous dog” means any individual dog which when either unmuzzled, unleashed, or unattended by its owner, or a member of its owner’s family, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon streets, sidewalks, or any public grounds or places.
(C) “Enclosure” means a fence or structure of at least six (6) feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of a vicious dog within the enclosure. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping from the enclosure.
(D) “Impounded” means taken into the custody of the public pound in the Village or town where the vicious dog is found.
(E) “Found to Be Vicious Dog” means:
(1) that the County Veterinarian, Animal Control Warden, or a law enforcement officer has conducted an investigation and made a finding in writing that the dog is a vicious dog as defined in paragraph (1) of Subsection (A) and, based on that finding, the County Veterinarian, an Animal Control Warden has declared in writing that the dog is a vicious dog or
(2) that the circuit court has found the dog to be a vicious dog as defined in paragraph (1) of Subsection (A) and has entered an order based on that finding.
3-2-2 UNLAWFUL TO MAINTAIN. It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog unless such dog is at all times kept in an enclosure. The only times that a vicious dog may be allowed out of the enclosure are:
(A) If it is necessary for the owner or keeper to obtain veterinary care for the dog or
(B) To comply with the order of a court of competent jurisdiction, provided that the dog is securely muzzled and restrained with a chain having a tensile strength of three hundred (300) pounds and not exceeding three (3) feet in length, and shall be under the direct control and supervision of the owner or keeper of the dog.
Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded by the Animal Control Warden, or the police and shall be turned over to a licensed veterinarian for destruction by lethal injection.
3-2-3 OWNER’S RESPONSIBILITY. If the owner of the dog has not appealed the impoundment order to the circuit court in the County in which the animal was impounded within seven (7) working days, the dog may be humanely dispatched. A dog found to be a vicious dog shall not be released to the owner until the Animal Control Warden approves the enclosure as defined in this Article.
No owner or keeper of a vicious dog shall sell or give away the dog.
3-2-4 DOG PERMITTED TO LEAVE PREMISES. It is unlawful for any person to maintain a public nuisance by permitting any dangerous dog or other animal to leave the premises of its owner when not under control by leash or other recognized control methods.
Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, and sentry, guard, or police-owned dogs are exempt from this Section; provided, an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this Section, each such dog shall be currently inoculated against rabies in accordance with this Code. It shall be the duty of the owner of such exempted dog to notify the Warden of changes of address. In the case of a sentry or guard dog, the owner shall keep the Warden advised of the location where such dog will be stationed. The Warden shall provide police and fire departments with a categorized list of such exempted dogs, and shall promptly notify such departments of any address changes reported to him.
3-2-5 INJUNCTION. The Animal Control Warden, the Village Attorney, or any citizen of the Village in which a dangerous dog or other animal exists may file a complaint to enjoin all persons from maintaining or permitting such, to abate the same, and to enjoin the owner of such dog or other animal from permitting same to leave his premises when not under control by leash or other recognized control methods. Upon the filing of a complaint in the circuit court, the court, if satisfied that this nuisance may exist, shall grant a preliminary injunction with bond in such amount as the court may determine enjoining the defendant from maintaining such nuisance. If the existence of the nuisance is established, the owner of such dog or other animal shall be in violation of this Act, and in addition the court shall enter an order restraining the owner from maintaining such nuisance and may order that such dog or other animal be humanely dispatched. (See 510 ILCS Sec. 5/17)
3-2-6 LIABILITY OF OWNER OR DOG ATTACKING OR INJURING PERSON. If a dog, or other animal, without provocation, attacks or injures any person who is peaceably conducting himself in any place where he may lawfully be, the owner of such dog or other animal is liable in damages to such person for the full amount of the injury sustained. (See 510 ILCS Sec. 5/16)
3-2-7 RIGHT OF ENTRY – INSPECTIONS. For the purpose of carrying out the provisions of this Code and making inspections hereunder, the Animal Control Warden, or his authorized representative, or any officer of the law may enter upon private premises to apprehend a straying dog or other animal, a dangerous dog or other animal, or a dog or other animal thought to be infected with rabies. If, after request therefor, the owner of such dog or other animal shall refuse to deliver the dog or other animal to the officer, the owner shall be in violation of this Code. (See 510 ILCS Sec. 5/17)
(See 65 ILCS Secs. 5/11-1-1 and 5/11-20-9)
(See also 510 ILCS Sec. 5/24)
ARTICLE III – THREATENING DOGS
3-3-1 DEFINITIONS. As used in this Article, the following words shall have the following meanings and definitions:
(A) Threatening dog means:
(1) Any individual dog which is outside and is running loose, or which is tethered outside upon a rope, chain, cable or other similar device, or, if tethered upon a leash held by a person, is not tethered upon a leash of suitable strength or is not held by and under the control at all times of a person who is physically capable of controlling and managing the actions of the dog, all whether the dog is upon its owners or keepers property, other private property, or public property; and
(2) is not confined within a secure enclosure or behind secure fencing; and
(3) whose demeanor and actions when any person is present within sight of the dog reasonably indicate that the dog is threatening to attack or menace said person, regardless of whether said dog is tethered or running loose, and whose demeanor and actions would cause a reasonable person to believe that serious bodily harm would occur to a person if said dog were able to and in fact did attack a person, that serious bodily harm is imminent and would occur but for the fact that the dog is restrained in some manner or that the person was able to exit the area before the threatened attack occurred, provided that said person is not intentionally provoking the dog to display said demeanor and actions.
(B) Secure enclosure or secure fencing means a secure fence or structure , forming or causing an enclosure suitable to prevent the entry of young children, and suitable in construction and height to confine the threatening dog in question. Such fence or structure must be designed to securely keep the dog enclosed therein and to prevent the dog from escaping from the enclosure, including from digging or climbing out of said enclosure, no matter how agitated the dog might become.
3-3-2 PUBLIC NUISANCE. It is hereby declared that any dog deemed as a threatening dog pursuant to this Article is a public nuisance.
3-3-3 COMPLAINT. Any person who has been menaced, attacked or threatened to be menaced or attacked by a threatening dog as defined herein this Article may make a complaint to the Village President or his designee. The Village President or his designee shall investigate the circumstances of the complaint and shall afford the owner or keeper of the alleged threatening dog an opportunity to explain said circumstances. The Village President or his designee will make his determination based upon the complaint, an interview with the complainant and any witnesses, and the response of the owner or keeper of the dog. The Village President or his designee will attempt to determine if the dog will display similar behavior toward him or if it has displayed similar behavior upon other occasions. If the Village President or his designee determines that the facts of the case and the dogs behavior indicate that the dog has acted as a threatening dog as defined above, then the dog shall be deemed a threatening dog and a public nuisance. A written finding shall be prepared that denotes the facts and circumstances which reasonably indicate that the dog is a threatening dog.
3-3-4 NOTICE TO ABATE. Upon making a finding that a dog has been declared a threatening dog, the Village President or his designee shall give a notice to the owner or keeper of the dog that it shall be a violation of this Article if the owner or keeper allows the dog to appear outside without it being enclosed in a secure enclosure or behind secure fencing as defined herein or without it being tethered upon a leash of suitable strength held by and under the control at all times of an adult who is physically capable of controlling and managing the actions of the dog. Additionally, any owner or keeper of a threatening dog shall display in a prominent place of the premises where the threatening dog is to be kept a sign which is readable by the public from a distance of not less than 100 feet using the words Beware of Threatening Dog. A similar sign shall be posted on any confinement structure used to keep the dog. Each threatening dog must also wear at all times a collar with a name tag noting the dogs name, its owner or keepers name, and the words threatening dog. The Village shall provide information to said owner or keeper on how such a sign and tag may be obtained. The Notice to Abate shall also indicate that said dog may not be sold, given or otherwise transferred to any other person who will keep the dog within Village limits unless both village hall is informed of said transfer and the other person agrees in writing made to the Village that the other person will be bound by the provisions of the Notice to Abate. All violations of the Notice to Abate shall be binding upon and shall accumulate to the detriment of the new owner or keeper for purposes of computing the fine amount for subsequent violations of this section. The Notice to Abate will also provide said owner or keeper with his appeal rights as defined hereafter.
3-3-5 APPEAL. Any party aggrieved by the decision of the Village President or his designee may appeal to the Village Board of Trustees. Such appeal shall be made by filing with the Village Clerk within five (5) days of the delivery of the Notice to Abate to the violator a written statement indicating the basis for the appeal. The appeal shall be heard by the Village Board of Trustees at the next regular meeting. Their findings shall be conclusive, and if the nuisance of a threatening dog is found to exist, it shall be ordered abated as described herein. The Notice to Abate will be held in abeyance and stayed during the pendency of the appeal.
3-3-6 FINES. There shall be no fine issued for the initial finding that a particular dog has been deemed a threatening dog. After the initial finding has been made, the dog shall remain classified as a threatening dog for the duration of its life and shall continue to be subject to the restrictions noted in Section 3-3-4, whether or not the dog displays threatening behavior at any other time thereafter, as long as the dog is kept within the Village limits. Thereafter, if any owner or keeper of a threatening dog violates any provision of the restrictions imposed upon said dog per the Notice to Abate, then the fine imposed upon said owner or keeper shall be $120.00 for the first occurrence that any provision of the Notice to Abate is violated. For the next occasion thereafter that any provision of the Notice to Abate is violated, the fine assessed shall be $200.00, and for each occasion thereafter that any provision of the Notice to Abate is violated, the fine assessed shall be $750.00.
3-3-7 SHERIFF/ANIMAL CONTROL OFFICER AS DESIGNEE. The Village President may designate the Clay County Sheriffs Office or the Clay County Animal Control Officer as his designee to investigate complaints, make a determination that a dog has acted as a threatening dog as described herein, and issue any warnings or citations for violations of this Article.
3-3-8 REMEDIES. The Village may utilize and pursue any remedy afforded to it by any other provision of its Municipal Code or by any relevant statute in order to prevent and/or abate such nuisance. Additionally, the Village may bring a suit in equity to require the offender to prevent and/or abate the nuisance or to allow the Village to prevent and/or abate the nuisance itself in a suitable manner which is not otherwise authorized by this Article or this Code or by statute.
3-3-9 LIABILITY FOR EXPENSES. Any person or entities violating any of the provisions of this Article shall become liable to the Village for any expense, loss or damage occasioned the Village by reason of such violation or by reason of the Villages abatement of such violation, including any attorney fees and costs that might be expended by the Village to prosecute violations of this Article, to seek enforcement of the provisions of this Article, or to effect abatement of such nuisance.