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Chapter 3 - Animals

CHAPTER 3

 

ANIMALS

ARTICLE I – GENERAL REGULATIONS

 

 

            3-1-1               SHORT TITLE.  This Chapter shall be known and may be cited as the Animal Control Code.  (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.  (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 Village Board.  (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.  (510 ILCS 5/2.05)

 

“DANGEROUS DOG” means:

            (A)                   any individual dog anywhere other than upon the property of the owner or custodian of the dog and unmuzzled, unleashed, or unattended by its owner or custodian that 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 companion animal, or

            (B)                   a dog that, without justification bites a person and does not cause serious injury.

(510 ILCS 5/2.052A)

 

“DEPARTMENT OF AGRICULTURE”means the Department of Agriculture of the State of Illinois.  (510 ILCS 5/2.06)

 

“DOG”.  "Dog" means all members of the family Canidae.  (510 ILCS 5.211)

 

“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 that may be taken by the owner or keeper, such as tethering of the vicious dog within the enclosure.  The 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.  If the enclosure is a room within a residence, it cannot have direct ingress from or egress to the outdoors unless it leads directly to an enclosed pen and the door must be locked.  A vicious dog may be allowed to move about freely within the entire residence if it is muzzled at all times.  (510 ILCS 5/2.11a)

 


“FERAL CAT” means a cat that:

            (A)                   is born in the wild or is the offspring of an owned or feral cat and is not socialized,

            (B)                   is a formerly owned cat that has been abandoned and is no longer socialized, or

            (C)                   lives on a farm.

(510 ILCS 5/2.11b)

 

“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.  (510 ILCS 5/2.12)

 

“INOCULATION AGAINST RABIES” means the injection of an anti-rabies vaccine approved by the Department.  (510 ILCS 5/2.13)

 

“KENNEL” means any structure or premises or portion thereof on which more than three (3) dogs, cats, or other household domestic animals, over four (4) months of age, are kept or on which more than two (2) such animals are maintained, boarded, bred, or cared for in return for remuneration or are kept for the purpose of sale.

 

“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.  (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.  (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 other animals 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.  (510 ILCS 5/2.16)

 

“POTENTIALLY DANGEROUS DOG” means a dog that is unsupervised and found running at large with three (3) or more other dogs.  (510 ILCS 5.17c)

 

“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.  (510 ILCS 5/2.18)

 

“REGISTRATION CERTIFICATE”.  “Registration Certificate” means 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.  (510 ILCS 5/2.19)

 

“RESTRAINT”.  A dog is under "restraint" within the meaning of this Code if it is controlled by a leash; within an enclosed 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 inches (2") 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.

 

“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.  (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.  (510 ILCS 5/24)

 

 

            3-1-3               INJURY TO PROPERTY.

            (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.

 

 

            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 good repair.

            (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 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 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, the Police Department 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.

 

 

            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 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.  (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 Department of Agriculture 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.

 

 

            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.

 

 

            3-1-9               LIMITATION ON NUMBER OF DOGS AND CATS KEPT.

            (A)                   Nuisance.  The keeping of an unlimited number of dogs and cats 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 and cats is, therefore, declared to be a public nuisance.  The terms “dog” and “cat” shall be construed as provided in Section 3-1-2.

            (B)                   Limitation; Exception.

(1)       It shall be unlawful for any person or persons to keep more than five (5) dogs or cats or any combination thereof within the Village, with the exception that a litter of pups, a litter of kittens or a portion of a litter may be kept for a period of time not exceeding five (5) months from birth.

(2)       The provisions of this section shall not apply to any establishment wherein dogs or cats are kept for breeding, sale, sporting purposes or boarding.

            (C)                   Kennels.  In the areas where kennels are permitted, no kennel shall be located closer than two hundred (200) feet to the boundary of the nearest adjacent residential lot.  (See Zoning Code)

 

            3-1-10             ANIMALS, ETC. IN VILLAGE. 

            (A)                   Certain Prohibitions.  Except as otherwise provided in this Chapter no person shall keep within the Village any cattle, cows, horses, sheep, swine, goats, chickens, ducks, turkeys, geese, rabbits, or other livestock.

            (B)                   Exceptions.  This Section shall not apply in areas of the Village that are zoned agricultural in nature nor shall this Section apply to livestock brought in to the Village for the purpose of being shipped out of the Village.

            (C)                   Powers of Police Chief.  The police chief shall have the power to issue an order prohibiting the keeping of any animal, fowl, or bird which is deemed to pose a health hazard to the general public.

 

(65 ILCS 5/11-1-1; 5/11-5-6 and 5/11-20-9)

 

ARTICLE II - DOGS

 

 

            3-2-1               DEFINITIONS.  The terms used in this Article shall comply with Section 3-1-2 of this Chapter unless otherwise provided in this Article.

 

 

            3-2-2               DOGS TO BE INOCULATED AND TO HAVE NAME TAGS AFFIXED TO COLLARS.

            (A)                   Each calendar year or at such intervals as may hereafter be promulgated by the Department of Agriculture, every owner or keeper of a dog four (4) months or more of age shall cause such dog to be inoculated against rabies.  Such owner or keeper of such dog shall cause a serially numbered tag evidencing such inoculation to be attached to a collar or harness worn by the dog.

            (B)                   Every owner or keeper of a dog, regardless of age, shall cause the dog to wear a collar or harness and shall affix thereto a metallic or other suitable tag inscribed with the name, address and phone number, if any, of the owner or keeper of the dog.

 

 

            3-2-3               INOCULATION TO BE PERFORMED BY LICENSED VETERINARIAN; ISSUANCE OF CERTIFICATE.  The inoculation of dogs required by Section 3-2-2(A) shall be performed by a veterinarian duly licensed to practice his profession in this State.  Upon performing such inoculation, such veterinarian shall issue to the owner or keeper a certificate showing such fact and shall also deliver to the owner or keeper a metallic or other suitable tag to be attached to the collar or harness of the dog, which tag shall also certify to the fact of the inoculation against rabies.

 

 

            3-2-4               DURATION OF INOCULATION.  The inoculation performed under the provisions of Section 3-2-3 shall be effective until the expiration of the calendar year in which the vaccination was performed or the expiration of such period of time as may be promulgated by the Department of Agriculture.

 

 

            3-2-5               SPECIFICATIONS FOR TAG.  The tag issued under the provisions of Section 3-2-3 shall be in such form as shall be determined by the Department of Agriculture.

 

 

            3-2-6               EXHIBITION OF CERTIFICATE UPON REQUEST.  At any reasonable time upon request of any member of the Police Department or Village employee, the owner or keeper of any unmuzzled dog shall exhibit his certificate issued under the provisions of Section 3-2-3, showing the inoculation against rabies of any dog owned or controlled by him.

 

 

            3-2-7               RESTRAINT OF DOGS. The owner or keeper of a dog shall keep the dog under restraint at all times and shall not permit such dog to be at large, off the premises of the property of the owner or keeper, unless the dog is under complete control as defined in Section 3-1-2.  (65 ILCS Sec. 5/11-20-9)

 

 

            3-2-8               IMPOUNDMENT OF DOGS RUNNING AT LARGE OR UNLICENSED DOGS; CITATION OF OWNER OR KEEPER.

            (A)                   It shall be the duty of such employees and officers of the Police Department as shall be designated for that purpose by the Mayor to take up and impound in such place as may be designated and set apart for that purpose, any dog found running at large or unlicensed in the Village, contrary to any of the provisions of this Chapter or other regulations of the Village or State.

 

            (B)                   When dogs are found running at large or unlicensed and their ownership is known to the designated employee(s), such dogs may be impounded at the discretion of such employee(s), but the employee(s) may cite the owner of such dog to answer charges of violation of this Chapter.

            (C)                   Any dog permitted to run at large within the Village is hereby declared to be a nuisance.

            (D)                   Any impounded dog which shall not be redeemed within seven (7) days shall be humanely destroyed or otherwise disposed of by the poundkeeper.

            (E)                   The Village Board may establish a reasonable fee by motion for each day that a dog is housed in the pound.   (510 ILCS Sec. 5/10)

 

 

            3-2-9               NOTICE AND CITATION TO OWNER OR KEEPER OF IMPOUNDMENT.  In case of impounding and where the owner or keeper of such dog is disclosed by any tax or license tag worn by it or is otherwise known to the officers impounding the same, the designated official shall make reasonable attempts to contact the owner, informing him of the impounding of his dog and shall cite the owner or keeper of such dog to answer charges of violation of this Chapter.

 

 

            3-2-10            OBSTRUCTING POUNDMASTER.  Any person(s) who shall bring any dog into the Village for the purpose of causing the same to be impounded or any person who shall resist, hinder or molest the poundmaster or dogcatcher or police officer while engaged upon the duties imposed upon them by this Chapter or any person who shall break into the dog pound and release or deliver any dog therefrom without having first paid the fees herein specified, or any owner or keeper of any dog who shall permit any dog to run at large within the corporate limits of the Village, upon conviction of any part of this Chapter shall be fined according to Chapter 1-Administration of this Code.

 

 

            3-2-11            IMPOUNDMENT OF DOGS WHICH HAVE BITTEN PERSONS.  Any dog which shall have bitten or otherwise injured any person so as to cause an abrasion of the skin shall be immediately taken, impounded and kept separated from other dogs for ten (10) days.  If, during that period, such dog develops symptoms of illness, a veterinarian shall be called to diagnose its condition.  If the symptoms disclosed are such as to indicate the presence of rabies, such dog shall be destroyed in such a manner, however, as to preserve intact the head, which shall thereupon be detached and immediately sent to the diagnostic laboratory of the Department of Agriculture.  In case such dog cannot be safely taken up and impounded, it may be shot, care being taken to preserve the head intact which shall thereupon be immediately detached and be delivered to the diagnostic laboratory of the Department of Agriculture.

            If, at the expiration of the ten (10) days no symptoms of rabies have developed in such dog so impounded, the same may be redeemed by the owner upon payment of the redemption fees and charges specified by this Chapter; provided, however, that in case any dog so impounded for biting a person shall have previously bitten any person, such dog shall be humanely destroyed by the poundkeeper.  After having been notified that his dog has bitten or otherwise injured any person, the owner or keeper thereof shall not, under any circumstances, permit such animal to be at large unless securely muzzled.  (510 ILCS 5/13)

 

 

            3-2-12            IMPOUNDMENT.  Those persons charged with the duty of enforcing this Chapter may employ any method found practical and humane in capturing and impounding any dog found running at large.

 

 

            3-2-13            REDEMPTION OF IMPOUNDED ANIMALS.  The owner of any animal impounded under this Chapter may redeem the same by paying all the costs and charges assessed, if
any, that have accrued up to the time of making redemption and on paying the same; it shall be the duty of the authorities to release the animal from the pound and deliver it to its owner, or certify the release thereof to any County authority having possession of the animal.

 

 

            3-2-14            VILLAGE POUND DESIGNATED.  The Village Board designates the Vermilion County Animal Control facility as the impoundment pound.

 

 

            3-2-15            DISPOSITION OF DOGS DEEMED NUISANCES.  Any dog which may, in any manner, continually disturb the quiet of any person or neighborhood or shall destroy or in any manner injure any animal, plant, shrub or other property not on the premises of its owner or keeper is hereby declared to be a nuisance, and such dog shall be taken up and impounded and may be redeemed or disposed of in the manner provided for under this Code.

 

 

            3-2-16            DANGEROUS DOG - FEMALE DOG AT LARGE.  It shall be unlawful for the owner or keeper of any vicious or dangerous dog as defined in Section 3-1-2 or of any female dog, while in heat, to run at large within the limits of this Village.

 

 

            3-2-17            FEMALE DOG WITH OTHER DOGS. No person incontrol or possession of a female dog or permitting the same to remain upon his or her premises, shall permit any such female dog, while in heat, to consort with any other dog or dogs in an indecent manner in any place of public view, whether upon his own or any other premises.

 

 

            3-2-18             ANIMAL CONTROL WARDEN.  There is hereby established the position of Animal Control Warden, who shall be appointed by the Mayor, with the advice and consent of the Village Board.  He shall serve a term of four (4) years or until his successor is appointed and qualified.

 

 

            3-2-19            TETHERING DOG REGULATIONS.  The following regulations shall be applicable to owners and guardians of dogs in their care to-wit:

            (A)                   Animals Welfare.  A dog that is outside for one (1) hour or more, whether fenced, kenneled, or tethered shall have proper food, water, and shelter.  Owners and guardians shall be responsible for the welfare of their pets in severe heat, cold, rain, snow, ice, and wind.

            (B)                   No dog shall be tethered within fifty (50) feet of a school, daycare, or school bus stop.

            (C)                   No dog shall be tethered on any public easement, or public access to private property.

            (D)                   No dog shall be tethered on private property within ten (10) feet of public or neighboring property.

            (E)                   No dog shall be tethered on land without a dwelling or a vacant dwelling.

            (F)                   No dog shall be left inside a vacant dwelling.

            (G)                   No more than two (2) dogs may be tethered on one residential property.

            (H)                   No more than one (1) dog shall be attached to a tether.

            (I)                    A properly constructed fence, of a height and strength, that prevents the dog from jumping, climbing, or digging out, and running at large, is acceptable containment.

            (J)                    A properly constructed kennel, of a height and strength, that prevents the dog from jumping, climbing, or digging out, and running at large, is acceptable containment if the following conditions are met.  The dimensions of the kennel shall be dictated by the size of the dog.  The kennel shall have a doghouse large enough for the dog to stand and turn around, with roof, four sides, and solid
floor three (3) inches above the ground.  The acceptable kennel size is one hundred twenty-five (125) square feet per dog of under fifty (50) pounds.

            (K)                   Tethering shall not be used as permanent means of containment for any companion pet.

            (L)                    Tethering shall be acceptable under the following conditions:

(1)       Trolley or pulley types of tethering systems are recommended.

(2)       Fixed point tethers shall be acceptable upon inspection and approval by Animal Control.

(3)       All tethers will be a minimum of fifteen (15) feet in length and no more than one-eighth (1/8) the dog’s weight.

(4)       The tether shall have a swivel mechanism on both ends and attached to a properly fitting, non-metal, buckle type collar or a harness.

(5)       No pinch or choke collars shall be allowed.

(6)       No tether shall be directly attached to the dog.

            (M)                   No dog shall be tethered longer than ten (10) continuous hours or twelve (12) hours in any twenty-four (24) hour period.

            (N)                   Owners shall be responsible to maintain a clean and healthy environment on their property and provide medical treatment when needed.

 

 

            3-2-20            ANIMAL FEED PROHIBITED.  It shall be unlawful for anyone to place or distribute any animal feed on public property, public easements and accesses to public property.  It shall be unlawful for anyone to place or distribute animal feed on vacant lots or in unoccupied structures in the County.

 

 

            3-2-21            CONFINEMENT IN MOTOR VEHICLE.  No owner or person shall confine any animal in a motor vehicle in such a manner that places it in a life or health threatening situation by exposure to a prolonged period of extreme heat or cold, without proper ventilation or other protection from such heat or cold.  In order to protect the health and safety of an animal, an animal control officer, law enforcement officer, or Department investigator who has probable cause to believe that this Section is being violated shall have authority to enter such motor vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible.  (510 ILCS 70/7.1)

 

 

            3-2-22            VICIOUS ANIMALS PROHIBITED.  It shall be unlawful for any person to bring or transfer into the unincorporated area of the Village any dog or animal that has been declared “vicious” by any unit of local government.

 

(65 ILCS 5/11-1-1 and 5/11-20-9)

 

ARTICLE III - VICIOUS AND DANGEROUS DOGS

 

 

            3-3-1               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 Section 3-1-2 and, based on that finding, the County Veterinarian, or the 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 Section 3-1-2 and has entered an order based on that finding.

 

 

            3-3-2               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.

            (C)                   The owner charged with maintaining a vicious or dangerous dog may request a hearing before the Village Board within five (5) days of being charged.

 

 

            3-3-3               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.

 

 

            3-3-4               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 Village 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.

 

 

            3-3-5              INJUNCTION.  The Animal Control Warden, the Village Attorney, or any citizen of the Village in which a dangerous or vicious 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.  (510 ILCS 5/17)

 

 

            3-3-6               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.  (510 ILCS 5/16)

 

 

            3-3-7               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.  (510 ILCS 5/17)

 

(65 ILCS 5/11-1-1 and 5/11-20-9)

(See also 510 ILCS 5/24)


ARTICLE IV

 

PENALTIES

 

 

            3-4-1               PENALTIES.  The penalties for violations of the provisions of this Chapter shall be in the following amounts:

            (A)   Fifty Dollars ($50.00) for the first (1st) offense. (Effective March 18: $125)

            (B)  One Hundred Dollars ($100.00) for the second (2nd) offense. (Effective March                        18: $175)

            (C)  One Hundred Fifty Dollars ($150.00) for the third (3rd) offense occurring                                in any one (1) calendar year. (Effective March 18: $225)

 

(Ord. No. 11-1412; 10-11-11)