HomeMy WebLinkAbout3. Vicious AnimalsMOUNT PROSPECT POLICE DEPARTMENT
FORMAL MEMORANDUM
TO: MICHAEL JANONIS, VILLAGE MANAGER
FROM: MICHAEL SEMKIU, CHIEF OF POLICE —
CHF 13 -91
CONTROL NUMBER
SUBJECT: AMENDMENT TO CHAPTER 20 OF THE MOUNT PROSPECT VILLAGE
CODE "ANIMAL"
DATE: NOVEMBER 25, 2013
In 2006, the Village Board adopted an amendment to Chapter 20 of the Village Code;
specifically Section 20.207 entitled "Vicious Animals." Pursuant to this amendment, it
was unlawful to maintain an animal deemed "vicious" pursuant to Section 402 of said
code within the Village without taking specific precautions to ensure public safety.
In March 2012, the Village Board amended Chapter 20 so as to allow owners of dogs
deemed "vicious" the ability to walk their animal when defined measures were taken to
ensure the dog was safely under control and to ensure public safety.
Since 2006, approximately fourteen dogs have been declared "vicious" pursuant to
Chapter 20. During the past year, I have been in contact with several residents whose
dogs have been declared vicious. In each case, the resident has indicated to me that in
addition to abiding by the restrictions placed on them by the ordinance they have placed
their animal through training classes with professional trainers in an attempt to ensure
their dog would not present a safety issue for their families or neighbors. In each case,
the resident has provided documentation from a professional dog trainer indicating in
their opinion the trainer did not believe the dog to be vicious. Based upon training
received by the dog and documentation provided by the trainer, the resident has
requested that the "vicious" dog declaration be lifted by my office.
In an effort to provide the Office of the Chief or his designee the opportunity to remove a
declaration of an animal as "vicious," Section 402 of Chapter 20, will provide procedural
guidance as to when the declaration may be lifted. Additionally, the Village Attorney
has taken this opportunity to review this chapter in its entirety to ensure it fully met the
needs of the Village and enforcement action of the Police department.
It is my recommendation that the Village Board accept Chapter 20 in its amended
format as it now reflects the operational needs of the Police Department.
Attachment
Page 1 of 1
Article I
DEFINITIONS
20.101: DEFINITIONS:
For the purpose of this chapter, whenever the following words and phrases are used,
they shall have the meanings and definitions respectively ascribed to them in this
section:
ANIMAL: Any living vertebrate, domestic or wild, not including humans.
ANIMAL CONTROL CENTER: Any facility utilized for the purpose of impounding
animals impounded pursuant to the terms of articles I and II of this chapter.
ANIMAL CONTROL OFFICIAL: Director of community development or the chief of
police and the designated agent of either enforcing the provisions of this chapter.
ANIMAL UNDER CONTROL: An animal (1) secured by a leash or tether, or (2) within
the house of its owner or another person with the consent of that person; or (3) confined
within a crate or cage; or (4) confined within a vehicle; or (5) within an area specifically
approved by the animal control official as an animal exercise run.
BITE: Seizure with the teeth or jaws of an animal so that the skin of the seized person
or animal has been pierced or broken. This also includes contact of the saliva of the
biting animal with any break or abrasion of the skin of the person.
CAT: Any live member of the classification Felis catus.
DIRECTOR OF HEALTH OR HEALTH OFFICIAL: Director of the department of
community development of the village.
DOG: Any live member of the classification Canis familiaris.
FINANCE DIRECTOR: Director of finance of the village.
HUMANE SOCIETY: Any not for profit corporation chartered under the laws of the state
of Illinois for the purpose of animal welfare.
IMPOUNDED: The taking of any animal into the custody of the animal control official,
including the subsequent temporary placement of such animal.
OWNER OF AN ANIMAL: For purposes of this Chapter 20, any person who: (1) has a
right of property in the animal; or (2) who keeps or harbors the animal; or (3) has the
animal in his or her care; or (4) acts as its custodian; or (5) knowingly permits an animal
(including wildlife) to remain on or about any premises occupied by him or her.
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POLICE DEPARTMENT: The Mount Prospect police department.
SCRATCH: Any scraping with the claw or nail of any animal so that the skin of a person
or animal being touched has been pierced or broken.
STRAY ANIMAL: Any animal that is not: a) under control of the owner by leash or
tether; or b) supervised by the owner in a fenced yard; or c) kept within the property
borders by electronic means; or d) kept in an area such as a kennel run. Keeping an
animal from being a stray animal is not the same as "securely confined."
VACCINATION: The injection, as approved by the department of agriculture, state of
Illinois, of an anti - rabies vaccine.
VICIOUS ANIMAL: Any animal which is known to have attacked, without provocation, a
person or other domestic animal on a previous occasion.
VILLAGE: The village of Mount Prospect. (Ord. 5538, 1 -17 -2006)
Article II
GENERAL PROVISIONS
20.201: SEVERABILITY:
If any part or parts of this chapter shall be held to be unconstitutional, such
unconstitutionality shall not affect the validity of the remaining parts of this chapter. The
board of trustees hereby declares that it would have passed the remaining parts of this
chapter if it had known that any other part or parts would be declared unconstitutional.
(Ord. 5538, 1 -17 -2006)
20.202: STRAY ANIMALS PROHIBITED:
It shall be unlawful for any person to permit any animal to stray or to run at large upon
or in any public place.
Any stray animal in the public way or within a public place or upon private premises of
any person other than the owner may be immediately impounded by the village in
accord with the impoundment procedures set forth in article III of this chapter
This section shall not apply to any animal being used for military or law enforcement
work or any animal trained to assist persons with disabilities. (Ord. 5538, 1 -17 -2006)
20.203: REQUIRED CARE:
A. Every person owning, harboring, keeping or caring for an animal shall provide:
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1. A sufficient quantity of good quality, wholesome food and water.
2. Adequate shelter and protection from the weather.
3. Veterinary care when needed to prevent suffering or transmission
of disease.
4. Humane care and treatment.
B. If the police department is made aware that an animal is severely injured or
otherwise suffering, a police officer shall have the authority to destroy the animal by the
most humane method available unless the owner intervenes and assumes full
responsibility for removal and care.
20.204: UNLAWFUL ACTIVITY WITH RESPECT TO ANIMALS:
It shall be unlawful for any person to:
A. Beat, cruelly treat, torment or otherwise abuse any animal.
R Abandon any domesticated animal.
C. Fail to provide any animal in his or her charge or custody with proper food, water,
air and sanitary shelter. Such shelter must provide natural light or artificial
illumination during reasonable hours. It must also provide protection from the
weather and have sufficient space for the animal to stand in an upright position
and lie down in such manner that no part of its body need touch the sides of the
shelter structure.
D. Leave any animal unattended in a motor vehicle, trailer or similar enclosure when
the outside temperature exceeds eighty five degrees Fahrenheit (85 0 F).
E. Keep any animal, irrespective of temperature, in such manner that the animal
does not have proper air circulation while confined in a motor vehicle, trailer,
kennel, doghouse or any type of container or structure in which an animal may
be confined.
F, Promote, stage, hold, manage, conduct or carry on any animal fight or any other
type of contest or game of a similar nature. This shall include any simulated
version of such a contest that involves baiting or inciting an animal to fight.
G, Use or permit the use of any leg hold animal trap or similar device with spring
activated jaws. Nothing in this section shall prohibit the use or setting of standard
household mouse or rat traps for the purpose of controlling mice and rats.
H. Knowingly poison or cause to be poisoned any animal. The only exception shall
be upon written permit from the Illinois department of agriculture for the purpose
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of controlling transmissible diseases and only when all other methods and means
have been exhausted.
Possess any drugs used for euthanasia except by or under the direction of a
licensed veterinarian. (Ord. 5538, 1 -17 -2006)
J. Harbor or keep any animal which disturbs the peace by loud noises at any
time of the day or night. (Ord. 5538, 1 -17 -2006)
K. Permit an animal at any time to: a) molest persons or vehicles by chasing,
barking or biting; b) attack other animals; c) damage property other than the
owner's. This shall be an absolute liability prohibition. No proof of intent to permit
or allow such activity shall be required. (Ord. 5538, 1 -17 -2006)
L. Cause or permit an animal to be on any property not owned or possessed by
such person unless such person has in his or her immediate possession a
receptacle for the removal of the excrement.
M, For any owner to fail to remove excrement left by that person's dog or cat, to a
proper receptacle located on property owned or possessed by such person.
N. Keep or harbor any animal which is infected with any disease transmissible
to other animals or persons.
O. Keep or harbor any animal which is afflicted with any painful disease or injury,
including severe parasitism, without placing such animal under the care of a licensed
veterinarian.
P. Ship or remove a diseased animal from the premises of its owner, except under
the supervision of the animal control official.
Q. Fail to place any animal which is severely injured under the care of an animal
control center, humane society or veterinarian.
R. Place or permit to be placed within the village, the body or body part of any dead
or fatally sick or injured animal. However, the owner of any dead pet weighing
not more than fifty (50) pounds may bury such animal on the owner's premises,
provided that such animal shall be placed at least three feet (3') below the
surface of the soil surrounding and adjacent to the grave. (Ord. 5538, 1 -17 -2006)
20.205: DOGS AND CATS RABIES INOCULATION:
1. Every owner of a dog or cat four (4) months or more of age shall cause
such dog or cat to be inoculated with rabies vaccine by a licensed veterinarian at such
intervals as approved by the Illinois department of agriculture, except animal shelters,
animal impounding facilities, and laboratory animal facilities,. (Ord. 5538, 1 -17 -2006)
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2. Every dog or cat, when off the property of the owner, shall wear a collar,
attached to which shall be the identification of the dog's or cat's owner, along with the
tag, issued by the Cook County department of animal and rabies control, or similar
agency of another county, evidencing the dog's or cat's rabies inoculation.
3. Every dog or cat found in the village without such collar and identification
will be deemed to be in violation of this chapter and shall be impounded as provided in
this chapter. (Ord. 5538, 1 -17 -2006)
20.206: ANIMAL BITE OR SCRATCH:
Whenever any animal bites or scratches a person, the owner of the animal shall
immediately notify the community development department or police department. The
owner shall hold the animal on the owner's premises. At the sole discretion of the
animal control official, the animal may be impounded at the owner's expense for a
period of ten (10) days in the manner set forth in article Ill. In addition:
1. The owner shall have the animal examined immediately (not later than 24
hours) after it has bitten or scratched a person and again at the end of the ten (10) day
period of confinement.
2. If at the end of ten (10) days a veterinarian is convinced that the animal is
then free from rabies; the animal may be released from quarantine.
3. If the animal dies during the ten (10) day period, its head shall be sent to
the state department of health for examination for rabies.
4. It shall be unlawful for the owner of any animal, when notified that such
animal has bitten, scratched or otherwise attacked any person, to sell or give away such
animal or to permit or allow such animal to be taken beyond the limits of the village
without the express approval of the animal control official. (Ord. 5538, 1 -17 -2006)
20.207: SALE OR POSSESSION OF CERTAIN ANIMALS OR NUMBER
OF ANIMALS PROHIBITED:
A. No person shall:
1. Bring or cause to have brought into the village or sell, offer for sale, barter
or display living baby chicks, ducklings, goslings or other fowl which have been dyed,
colored or otherwise treated so as to impart to them an artificial color.
2. Display, sell, offer for sale, barter or give away any chicks, ducklings or
goslings as pets, except to persons who provide reasonable proof of proper brooder
facilities.
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3. Give away the animals set forth in 1 and 2 above as novelties or prizes.
4. Keep, maintain and /or harbor any live swine, pigs, pigeons, bees,
chickens, geese, ducks, fowl, poultry, horses or cattle within the corporate limits of the
village, unless such keeping, maintenance and /or harboring is done pursuant to the
business of providing veterinary or animal hospital services that are in compliance with
village regulations.
5. Keep, harbor or possess more than three (3) dogs, cats or combination of
dogs and cats that are more than twelve (12) weeks of age in any dwelling unit. For
purposes of this section, the term "dwelling unit" shall include all real property attached
to the mailing address for the dwelling unit. (Ord. 5538, 1 -17 -2006; amd. Ord. 5741, 6-
16 -2009; Ord. 5864, 6 -21 -2011)
6. Possess any snake, lizard or other reptile whose species is physically
capable of injuring a person by poison, constriction or a disfiguring bite.
7. Possess any lion, tiger, cougar, panther, bobcat, mountain lion, lynx,
ocelot, leopard, or any other similar feline animal; or any hybrid of any of them.
8. Possess any wolf, coyote, jackal, fox, wild dog or any hybrid of any of
them.
9. Possess any bear or bison.
10. Possess any rodent weighing more than one pound, with the exception of
guinea pigs.
11. Possess any other animal which, when full grown, normally attains a
weight in excess of two hundred (200) pounds.
12. Possess any monkey (not authorized by the state of Illinois as a
sanctioned pet), gorilla, chimpanzee or other similar primate.
13. Possess any vicious animal if the owner has been found guilty of violating
section Article IV of this chapter with respect to that animal.
B. Each person who possesses, keeps or maintains any wild or non - domesticated
animal, shall upon demand of the animal control official, furnish proof of compliance with
such restrictions and /or permit requirements as may be imposed by state and /or federal
law. The animal control official is authorized to demand surrender of any animal
possessed, kept or maintained in the absence of proof of such compliance or in
violation of village zoning regulations. The village may dispose of such surrendered
animal as it deems appropriate.
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C. Nothing in this section 20.207 shall be construed to prohibit legitimate
possession of poultry for agricultural and food purposes.
D. This section shall not apply to properly zoned, licensed and constructed zoos,
animal shelters, veterinary hospitals, pounds, federally licensed scientific or research
laboratories or educational or other licensed institutions.
Article III
IMPOUNDMENT
20.301: ORDER:
Impoundment: If a vicious animal, as defined under Article VI of this chapter, is not kept
in accordance with this section, or immediate impoundment is otherwise necessary for
the protection of the animal or the public health or safety, the chief of police or other
person acting on behalf of the village may immediately order the animal impounded.
20.302: LOCATION:
The village may utilize an animal control center or the facilities of any humane society
properly equipped and willing to impound animals. If the animal is of a species that may
be better or more safely impounded elsewhere, the village may designate an alternate
facility that is properly equipped and willing to accept the animal.
The receiving agency shall exercise due caution for the welfare and temporary
safekeeping of any animal, in conformance with policies to be prescribed by the village,
20.303: NOTICE:
The owner of an animal impounded pursuant to this chapter, shall be notified of the
impoundment by personal service or posting of a Notice of Impoundment on the front of
the owner's residence, within two (2) working days of the impoundment. The notice of
impoundment shall inform the owner or custodian of the animal that the owner may
make a written request for a hearing to contest the impoundment.
20.304: RELEASE:
A. In all cases of impoundment, the village may hold such impounded animal in an
animal control center for five (5) days or any applicable statutory period, whichever is
longer. During the five (5) days, reasonable means shall be used to facilitate its return
to the rightful owner. This shall not apply to wild animals which are noxious by their
very nature (such as wild rats and other undomesticated rodents).
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B. The owner of any impounded animal may, upon presentation of reasonable
documentation of ownership, at any time during visiting hours at the animal control
center, redeem such animal by paying the applicable fees and /or charges. In the case
of an unlicensed animal, the owner shall comply with the applicable license
requirements.
C. The holding period shall not apply to an animal (1) whose owner has authorized
the village to dispose of the animal; or (2) in critical physical condition for which
immediate death by lethal injection shall be deemed proper for humane reasons.
D. The owner shall pay the cost for housing the animal as well as redemption fees
as set forth in appendix A, division II of this code.
E. In the event the rightful owner of an animal cannot be found, the village or the
impoundment facility may require that the person adopting such an animal pay the cost
of housing the animal.
F. A vaccination certificate and license for any animal so redeemed or adopted shall
be presented to the community development department or police department.
G. Any animal remaining unredeemed after the prescribed holding period shall
become the property of the village for purposes of determining the appropriate manner
of disposing of the animal.
Article IV
VICIOUS ANIMALS
20.401: POSSESSION UNLAWFUL:
It shall be unlawful for any person to have custody of, own, possess or maintain a
vicious animal, as defined in section 20.101 of this chapter, unless it is kept securely
confined on the premises of its owner in accordance with Section 20.403 below.
20.402: DECLARATION:
An animal may be declared to be a vicious animal by the animal control official. Notice
of such declaration shall be served in person or by posting of a notice on the front door
of the owner's residence. After eighteen (18) months, the declaration maybe vacated
by the animal control official. This may occur only upon a showing by the owner that the
animal is no longer a vicious animal. At a minimum, the owner must show proof that the
animal has been through a minimum of twenty -five (25) hours of remediation for
aggressive animal behavior from a trainer whose clients include governmental
agencies. If such proof of completion is provided; (and) the occupants of each property
bordering the property on which the designated animal is kept, execute a petition
requesting that the declaration be vacated; that shall create a presumption that the
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declaration should be vacated. Nonetheless, the decision to vacate the declaration
shall be within the sole discretion of the animal control official.
20.403: SECURE CONFINEMENT:
A. A vicious animal shall be deemed securely confined on the premises of its owner
only when kept inside a residence or in a five (5) sided enclosure (4 sides and a roof)
that is reasonably designed to prevent escape. If the enclosure has no floor that is
secured to the sides, then the sides of the enclosure shall be embedded into the ground
no less than two feet (2') deep to prevent escape by digging. The enclosure must be
humane and provide some protection from the elements for the animal.
B. A vicious animal may only leave the securely confined premises for the purpose
of exercise, obtaining grooming, veterinary care, upon order of a court of competent
jurisdiction or to leave the village limits in a motor vehicle.
C. Whenever a vicious animal is beyond the premises for the reasons permitted in B
above, the animal must be:
Securely muzzled; and
2. Restrained by a chain or leash, not in excess of six feet (6') in length,
connected to a three (3) point harness; and
3. Under the immediate and constant physical restraint of an individual not
less than eighteen (18) years of age.
D. The exercising of a vicious animal shall be a privilege subject to revocation by
the animal control official in the event the vicious animal has bitten, attacked or caused
injury to any person or other domestic animal while being exercised. Such revocation
shall be effective upon service of notice of such finding upon the owner or custodian.
E. The owner of a vicious animal shall display a sign stating "Warning - Vicious
Animal - Keep Away!" on the exterior of any enclosure in which the animal is kept. The
sign must be visible and legible from a distance of ten feet (10').
Article V
HEARINGS
20.501: ORDERS SUBJECT TO APPEAL:
Any order or act taken to impound an animal, declare an animal a vicious animal or to
revoke the privilege of exercising a vicious animal may be appealed to the chief of
police; subject to the following:
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A. Such a request must be made in writing to the chief of police, within five (5)
working days of service or posting of the notice of the citation or declaration.
B. The hearing may be before the Circuit Court of Cook County, the Chief of Police,
or his or her designee or the village administrative adjudication hearing officer. The
forum shall be selected at the village's sole discretion.
C. The hearing shall be held within ten (10) working days of the request. A notice of
the hearing shall be mailed by certified mail to the owner or keeper of the animal
requesting the hearing.
D. The animal shall not be destroyed prior to the conclusion of the hearing..
E. If the animal is released to the owner after a hearing, reasonable restrictions and
conditions may be imposed for the control and maintenance of the animal. The
conditions may include, but are not limited to, the following:
1. Posting a bond or other proof of ability to be responsible for future damage
or injury caused by the animal.
2. Specific requirements as to size, construction and design of a secure
confinement of the animal.
3. Establishing the location for housing the animal, including the removal of
the animal from the village.
4. Requirements as to type and method of restraint and /or muzzling of the
animal.
5. Payment of reasonable fees to recover any costs incurred by the village.
Article VI
ENFORCEMENT; PENALTIES
20.601: ENFORCEMENT:
The village shall have the authority to issue citations to any persons who violate the
provisions of this chapter.
A. A citation for violation of this chapter may be delivered to the violator personally
or may be delivered to a member of the violator's household of the age of ten (10) years
or upwards, or may be affixed to the main entrance to any building located upon the
premises where the violation occurred.
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B. Nothing in this section shall be construed to abridge the power of the village to
arrest any violator and take him or her into custody. (Ord. 5538, 1 -17 -2006)
C. In addition to any other available penalties, failure to comply with the
requirements of this section may result in impoundment, as set forth in article III of this
chapter.
20.602: KILLING:
Any member of the police department of the village is authorized to kill any animal when
necessary for the protection of any person, other animal or property.
In all cases where such animal has been destroyed by a police officer, and a period of
less than fourteen (14) days has elapsed since the day on which such animal or reptile
may have bitten any person, the police officer shall notify the community development
department or police department.
20.603: PENALTIES:
Every person found guilty of a violation of any of the provisions of this chapter shall be
punished by a fine according to a schedule set forth in appendix A, division III of this
code. If any violation shall be of a continuing nature, a separate offense shall be
deemed committed for each day of violation. (Ord. 5538, 1 -17 -2006)
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