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HomeMy WebLinkAboutORDINANCE - 1069 - 6/8/1976 - ANIMAL, LICENSE CATS/AMEND CODENO. 1069 AN ORDINANCE AMENDING CHAPTER 17 -ANIMALS, OF THE MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Cook and DuPage Counties, as follows:. Section 1: That Chapter 17 of the Municipal Code of the Village of Elk Grove Village be amended in its entirety so as to read as follows: CHAPTER 17 - ANIMALS Article I General Provisions 17.101 Purpose.) The purpose of this Chapter is to promote a harmonious relationship between man and animal through the establishment of defined procedures when man and animal interact. The defined procedures will include these situations or conditions: 1. Protection of animals from abuse, neglect and rabies; 2. Provide security of residents from annoyance, intimida- tion, injury and rabies by animals; 3. Establish the community's method of response to residents regarding situations involving animals; and, 4. Develop a program designed to encourage responsible pet ownership and dog and cat population control. 17.102 Definitions.) Whenever used in this Chapter, unless a contrary intention is clearly evident, the following terms are used as herein defined: 1. "DOG" includes all members of the canine family (canis familiaris). 2. "CAT" includes all members of the feline family (felis catus). 3. "OWNER" means any person having right of property in a dog or cat or who keeps or harbors a dog or cat, or who has it in his care, or acts as its custodian, or who knowingly permits a dog or cat to remain on or about any premises occupied by him. 4. "ANIMAL" means any warm-blooded animal other than dogs or cats which may be affected by rabies. 5. "HAS BEEN BITTEN" means has been seized with the teeth or jaws or scratched by the teeth or nails, or wounded or pierced, and includes contact of saliva with any break or abrasion of skin. 6. "INOCULATION AGAINST RABIES" means the injection, sub- cutaneously, intramuscularly, or by any other route as approved by the Illinois Department of Agriculture, of canine or feline anti -rabies vaccine approved by the Illinois Department of Agriculture. 7. "CONFINEMENT" relative to vaccination or observation means the restriction of the animal at all times by the owner or his agent to an escape -proof building and/or enclosure and away from the public. B. "AT LARGE" means off the premises of the owner, not under control by leash of the owner or his or her agent; but a dog within the automobile or truck vehicle of its owner shall be deemed to be upon the owner's premises. 9. "DANGEROUS OR VICIOUS DOG OR OTHER ANIMAL" is any animal which has known vicious propensities or which has been known to attack or injure any person who was peacefully conducting themself in any place where he may lawfully be. 10. "LEASH" means a cord or chain no longer than eight feet, securely fastened to the collar or harness of a dog, cat or other animal. 11. "ANIMAL CONTROL OFFICER" means a person or persons performing duties prescribed by the Chief of Police. -2- 12. "RABIES INSPECTOR" means a licensed veterinarian designated by the Chief of Police pursuant to the rabies control act of the State of Illinois. 13. "POUND" means an establishment of the Police Department, licensed humane organization, veterinary hospital, or any licensed humane organization, veterinary hospital, or any licensed private firm or corporation which is con- structed for such a purpose which acts as a restraint, quarantine or confinement area for either stray or rabies suspect animals. 14. "BITING DOGS OR CATS" - A biting dog or cat is hereby defined to be a dog or cat which has bitten, scratched or otherwise injured any person so as to cause abrasion to the skin of such person. 15. "PERMIT AGE" shall mean any dog or cat which has attained the age of four (4) months. Article II Animal Licenses and Permits 17.201 License.) It shall be unlawful for any person to be the owner of a dog or cat within the Village of Elk Grove Village unless he/she shall procure a license therefor. Said license shall be obtained on or before the first day of January, or within thirty days after acquiring a dog or cat, in each year, except for a dog or cat less than four (4) months old on that day, in which case a license shall be procured when the dog or cat attains permit age. 17.202 License Applications and Fees.) Application for dog and cat licenses shall be made to the Village Clerk. At the time of such application, the owner shall furnish the Village Clerk with the following information: -3- 1. The name and address and phone number of the owner of the dog and/or cat. 2. The sex and breed of the dog and/or cat. 3. The date of the most recent vaccination and the name and address of the veterinarian licensed by the State of Illinois who performed the same. 4. The rabies tag number. Every owner of a dog and/or cat within the Village of Elk Grove Village shall pay an annual license fee of $2.00 for each dog and/or cat and shall receive from the Village Clerk a metal tag bearing the license number and the year issued, stamped thereon. Any owner of a licensed dog and/or cat whose license tag has been lost may obtain a replacement tag by payment of a fee of 50G to the Village Clerk. 17.203 Display of Tag.) Every owner of a dog and/or cat within the Village of Elk Grove Village shall keep such license tag securely attached to a collar or harness fastened around the neck or body of the dog and/or cat at all times when said animal is off the premises of the licensed owner. It shall be unlawful for any person, other than the owner, his agent, or a member of the Police Department to remove a license tag from a dog or cat. 17.204 Innoculation Required.) (a) A certificate of innoculation against rabies for dogs and/or cats, issued by the County Rabies Inspector or by his Deputy, or by a licensed veterinarian, covering the entire license period, shall be required before the issuance of a license. (b) All dogs and/or cats four (4) months of age and older shall be innoculated against rabies with an approved rabies vaccine. -4- 17.205 Exhibitions.) Exhibitions or parades of animals which -are Ferae Naturae in the eyes of the law may be conducted only upon securing a permit from the Village Board. 17.206 Transfer of License Prohibited.) Each license issued is for the specific pet listed on the application form. The transfer of a license from one person to another person shall be prohibited. A duplicate license may be obtained upon payment of a $2.00 replacement fee. 17.207 Seeing Eye and Village -Owned Police Dogs.) A license shall be required for seeing -eye dogs or Village -owner Police dogs. No fee shall be required. 17.208 Revocation of License.) (a) Licenses shall be granted upon application with a payment of a fee. Should any provision of these Articles relating to animals be in violation, the person's license may be subject to revocation•by the Health Department or the Police Department and/or a penalty imposed, as hereinafter provided. (b) Persons who licenses have been revoked shall be granted a hearing upon written request to the Board of Health. The Board cf Health shall schedule said hearing within thirty (30) days after receipt of said hearing request. The Board of Health shall render their decision within ten (10) days after the conclusion of the hearing. Atticle III Offenses Relating to Animals 17.301 Cruelty to Animals.) (a) No person shall cruelly treat any animal in the Village in any way; any person who inhumanely beats, overloads, underfeeds or abandons any animal shall be deemed guilty of a violation of this section. -5- (b) No person shall keep or permit to be kept on his premises any wild or vicious animal. This section shall not be construed to apply to zoological parks, performing animal exhibitions or circuses. (c) No person shall house or maintain any livestock or poultry within any residential area of the Village. 17.302 Disposition of Dangerous Animals.) The members of the Police Department are authorized to dispose of any dangerous animals when it is necessary for the protection of any person or property. 17.303 Nuisance Prohibited.) Every owner of any animal shall exercise proper care and control of his animal to prevent it from becoming a public nuisance. It shall be deemed a nuisance and therefore unlawful to permit the following: 1. To allow any animal to run at large in the Village at any time. 2. To allow excessive or untimely noise causing annoyance and discomfort to surrounding neighbors so that their rest is broken and their sleep interrupted, and the reasonable use and enjoyment of their property is disturbed. 3. To enter, even if on a leash, upon any school, public hall, restaurant, confectionery shop, coffee shop, ice cream parlor, office, store, grocery, meat market, bakery or any store or shop for the sale of food, except any shop for the sale of animal pets, anywhere within the Village, during the time that any of said placed or establishments are open for use by the public or persons entitled to -use the same. This shall not apply to any blind person using a trained seeing -eye dog. 4. To permit any animal, except when on a leash controlled by the owner or his or her agent, to use or be upon any public street, sidewalk, parkway or public area within the Village. 5. To allow the use of a leash mo longer than eight (8) feet in length on an animal. 6. To allow any place where any animal is or may be kept to become unclean or unsanitary. Unsanitary as herein defined shall mean a condition which is likely to attract vermin or rodents or endanger the public health or welfare of the surrounding area. 7. To allow any animal to, without the consent of the owner of the property concerned, permit such animal to injure, destroy, or carry away any vegetable, plant, fruit, shrub, tree, flower or other thing which may be on said premises or which may be planted or seeded there. 8. To allow any animal to deposit excretory matter on property other than that of the owner. 9. To molest passersby, attack persons or other animals, damage property or allow acts of a similar nature. 17.304 Receptical Required.) When walking a dog on any property other than that of the owner, a proper receptical shall be required to remove any excretory matter which may be deposited by said dog. The receptical must be clearly visible and must be carried by all persons when walking a dog. -7- Article IV Administration 17.401 Animal Control Officers.) It shall be the duty of the Animal Control Officer, subject to the general supervision and regulations of the Ordinance, to enforce the provisions of this Ordinance. The Animal Control Officers are, for the purpose of enforcing this act, clothed with police power, and are given the authority to issue citations aginst violators of this Ordinance. 17.402 Rabies Procedure.) A. Rabies Suspect Every veterinarian or other person discovering or sus- pecting any animal to be suffering with rabies should report such fact to the Police Department and/or Health Department, giving name and address of the owner of such animal and the license number thereof, if known. If such animal, after examination by the Rabies Inspector is verily suspected to be suffering with said disease, the animal shall be immediately placed under observation, in charge of a veterinarian licensed by the State of Illinois, whose establishment is located in Cook County, for a period of not less than ten (10) days for observation. If such animal should die during the interval of observation, the intact brain shall forthwith be delivered to the Illinois Department of Public Health. B. Animal Bites Procedures 1. official procedure for bite cases shall be as follows: (a) When the animal control officer receives infor- mation that a person has been bitten by an animal, the animal owner shall be instructed to have the animal examined by his veterinarian within twenty-four (24) hours. (b) The responding police officer shall fill out the Cook County Animal Bite report in full and he shall send this report within twenty-four (24) hours to the Village Public Health Department and to the Cook County Department of Animal Control (Rabies Control Center). (c) All animals that bite must be impounded for ten (10) days, following the first veterinary examination, at a facility under the observation of licensed veterinarian, except impoundment at home shall be allowed dependent upon a current rabies vaccination, and the ability of the animal owner to strictly confine the biting animal. All stray animals that have bitten must be impounded for observation. (d) Records shall be maintained by the animal control officer for all impounded animals. The record shall include the animal owner's name, address and telephone number, if available; species of breed, color, sex and license or tag number, if available; and the time and date impounded. (e) The veterinarian examining the biting animal shall fill out and send within twenty-four (24) hours the Cook County Rabies Observation Notice to the Cook County Department of Animal Control. (f) Following the examination of thebiting animal at the end of the ten (10) days confinement period, the veterinarian shall complete the Cook County -9- Rabies Release Report and he shall send this report within twenty-four (24) hours to the Cook County Department of Animal Control and to the local health Department. 2. The animal owner is responsible for all costs relating to the examination and impoundment of the biting animal. 3. Any person having knowledge of a biting animal that has not been properly examined and who does not report this fact to the animal control officer is in violation of this Article. 4. It is unlawful for the owner of a biting animal to euthanize, sell, give away or otherwise dispose of such animal until it is released by the Cook County Animal Control Administrator or his authorized representative. 17.403 Impounding of Animals Running at Large.) (a) Whenever an Animal Control Officer observes or is informed that a dog, cat or pet is roaming freely and not under the control of the owner, in the public way, within any public place or upon private premises of any person other than the owner, the dog, cat or pet shall be immediately apprehended and impounded. (b) All dogs, cats or pets impounded shall have a record. The record shall include the owner's name, address and telephone number, if known; species or breed, color, sex and license or tag number, if known; and the time and date impounded. (c) When owners of dogs, cats or other pets impounded are known, notice shall be given by telephone or by mail to the last known address. Dogs, cats and other pets with known owners shall -10- be held not less than seven (7) days. Any dog, cat or other pet whose owner is not identifiable must be held not less than seventy- two (72) hours. All apprehended dogs, cats or other pets shall be placed for adoption, humanely euthanized, or otherwise disposed of in accordance with the Illinois State Statutes, if not claimed by the owner. (d) In addition to any fines or penalties hereinafter imposed, the dog, cat or pet owner is responsible for all costs relating to the apprehension and impoundment of the animal found not under control, and in the case of unlicensed dogs and cats, pay the ap- propriate license fee therefor. Articles V Penalties 17.501 Any person, firm or corporation violating any provision of this Chapter unless otherwise provided, shall be fined not less than ten ($10.00) dollars nor more than five hundred ($500.00) dollars for each offense. A separate offense shall be deemed committed on each day during, on, or which a violation occurs or continues. Section 2: That any ordinance or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed. Section 3: That any person, firm'or corporation violating any provision of this Ordinance shall be subject to a fine of not less than ten ($10.00) dollars nor more than five hundred ($500.00) dollars for each offense. Section 4: The Village Clerk is hereby authorized to publish this Ordinance in pamphlet form. -11- Section 5: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED this 8th day of June ,.1976. APPROVED this 8th day of June 1976. VOTES: AYES 5 NAYS 0 ABSENT 1 Charles J. Zettek VILLAGE PRESIDENT ATTEST: Eleanor G. Turner VILLAGE CLERK Published in Pamphlet Form this 16th day of June,.1976 in the Elk Grove Herald. -12-