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HomeMy WebLinkAboutOrd 5538 01/17/2006 ORDINANCE NO. 5538 AN ORDINANCE AMENDING CHAPTER 20 ENTITLED 'ANIMALS' OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS Passed and approved by the President and Board of Trustees the 17TH day of January, 2006 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 18th day of January, 2006 ORDINANCE NO. 5538 AN ORDINANCE AMENDING CHAPTER 20 ENTITLED "ANIMALS" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF THEIR HOME RULE POWER: SECTION 1: Chapter 20 entitled "Animals" of the Mount Prospect Village Code shall be amended by deleting Chapter 20 in its entirety, Articles I through IV, and inserting in lieu thereof a new Chapter 20 entitled "Animals", Articles I through IV which shall be and read as follows: CHAPTER 20 - ANIMALS ARTICLE I GENERAL PROVISIONS Sec. 20.101 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. An animal shall be deemed to be a stray and unlawfully at large unless: (1) under control of the owner or keeper or a member of the owner's or keeper's immediate family over ten (10) years of age by leash or tether; or (2) , or supervised by the owner or keeper in a fenced yard; or (3) restrained by a leash or tether within the property borders; or (4) kept within the property borders by electronic means; or (5) or kept in an area such as a kennel run. Any animal that is unlawfully at large pursuant to this subsection may be deemed to be a "stray domestic animal" for purposes of this article. Any stray domestic 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 and the impoundment procedures set forth in Article II of this Chapter shall control. This section shall not apply to any animal being used for military, law enforcement work or any animal trained to assist persons with disabilities. (1981 Code; amd. Ord. 5458, 9- 21-2004) Sec. 20.102 CRUELTY PROHIBITED. A. Every person owning, harboring, keeping or caring for an animal shall provide for it: 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. 4. Humane care and treatment. B. It shall be unlawful for any person to: 1. Beat, cruelly treat, torment, overload, overwork or otherwise abuse any animal, fowl or reptile. 2. Abandon any animal where it may become a public charge or may suffer injury, hunger or exposure. 3. Unnecessarily fail to provide any animal in his or her charge or custody with proper food, water, air and sanitary shelter, such shelter to be sufficient to provide natural light or artificial illumination during reasonable hours and protection from the weather and within space sufficient for the animal to stand in an upright position and lie down stretched out so that no part of its body need touch the sides of the shelter structure. 4. Leave for any unreasonable length of time any animal unattended in a motor vehicle, trailer or other enclosure when the outside temperature shall exceed eighty five degrees Fahrenheit (850F). 5. Keep any animal in such manner that the animal does not have proper air circulation while confined in a motor vehicle, trailer, kennel, dog house, or any type of container or structure in which an animal may be confined. 6. Promote, stage, hold, manage, conduct or carry on any animal fight or any other type of contest, game or fight of a similar nature, nor any simulated version of same that involves baiting or inciting an animal to fight. 2 7. Use or permit the use within the Village of any leghold animal trap or similar device with spring activated jaws of the type used for the trapping of fur bearing animals which is capable of inflicting cruelty upon dogs, cats or other animals, or which constitutes a hazard to small children. 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. (Ord. 3368, 9-6-1983) 8. Knowingly poison or cause to be poisoned any domesticated animal. The only exception shall be upon written permit for the Illinois Department of Agriculture for the purpose of controlling diseases transmissible to humans or their animals and only when all other methods and means have been exhausted. Any drugs for euthanasia shall be kept or administered only by or under the direction of a licensed veterinarian. Sec. 20.103 DISEASED ANIMALS. No person shall allow any dead animal or animals afflicted with a contagious disease to be present in any public place or have, keep or harbor any animal which is infected with any disease transmissible to other animals or man, or which is afflicted with any painful disease or injury, including severe parasitism, unless such animal shall be under the care of a licensed veterinarian. A. No diseased animal shall be shipped or removed from the premises of its owner, except under the supervision of the Community Development Department or Police Department. B. Any animal which is on any public way or within any public place and which is severely injured or diseased, and for which care is not being provided on the scene or any severely injured or diseased animal that has strayed onto private premises, shall be removed, if possible, to the care of an animal control center, to the nearest humane society, to the nearest veterinarian or veterinary hospital willing to accept same. 1. If immediate removal shall not be possible, such animal may be destroyed by the most humane method available on the scene, unless the owner shall come forward beforehand and assume responsibility for removal and care. 2. Handling of any such case shall be the responsibility of the Community Development Department or Police Department. C. No person shall leave in or throw into any public way, public place or public water, or offensively expose or bury within the Village, the body or any part thereof of any dead or fatally sick or injured animal; nor shall any person keep any dead animal in a place where it may be dangerous to the health of any other animal or person. 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. 3 Sec. 20.104 SALE OR POSSESSION OF CERTAIN ANIMALS PROHIBITED. A. No person shall bring or cause to have brought into the Village, sell, offer for sale, barter or display living baby chicks, ducklings, goslings or other fowl or rabbits which have been dyed, colored or otherwise treated so as to impart to them an artificial color. 1. It shall be unlawful for any person to display, sell, offer for sale, barter or give away any chicks, ducklings or goslings as pets, unless the purchaser shall have proper brooder facilities. 2. It shall be unlawful for any person to give away such animals as novelties or prizes. B. No person shall keep, maintain and/or harbor any live swine, pigs, pigeons, bees, 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. C. Each person who shall possess, keep or maintain any wild, or nondomesticated animal, including any wild animal native to the state, shall upon demand of the Community Development Department or Police Department, furnish proof of compliance with such restrictions and/or permit requirements as may be imposed by statutes of the state and/or federal law. The Community Development Department or Police Department shall be empowered to demand surrender of any animal possessed, kept or maintained in the absence of proof of such compliance or in violation of the Village relative to zoning regulation and to make whatever disposition of it. D. Nothing in this section shall be construed to prohibit legitimate commerce in poultry for agricultural and food purposes. (1981 Code; amd. Ord. 4920, 4-7-1998) E. No person shall keep, maintain, and/or harbor more than three dogs or cats older than 12 weeks of age unless such keeping, maintenance and/or harboring is done pursuant to a properly licensed business of selling pets, providing veterinary, or animal hospital services that are in compliance with Village regulations. Sec. 20.105 DANGEROUS ANIMALS. A. Keeping: No person shall own, keep or harbor within the Village: 1. Any snake, lizard or other reptile whose species is physically capable of injuring a person by poison, constriction or a disfiguring bite. 4 ~ 'c' -"'~"~'.,:_""-: ..'C~"","',7'~~""""'''.'~,="",~~m~=;'\'?'17".C:'::);$X''7yC;."7"7:'.'~"mu~"""""",,,,,z,*,,,,r,~""',,".'\T"~""'^'''~'^''',,,,,-,,,~,,,="--,,,,-~----- ----~~--=-,._"",.,...",.>".=""'..;,,,,'"",.,,=,,...._,=w..._"=~c"''''.''.",'''k==>'''='''''''''''''''''''~,,''''r_~_~~~,._.~._,_,_~_____._____ 2. Any lion, tiger, cougar, panther, bobcat, mountain lion, lynx, ocelot, leopard, or any other similar feline animal; or any hybrid of any of them. 3. Any wolf, coyote, jackal, fox, wild dog or any hybrid of any of them. 4. Any bear or bison. 5. Any rodent weighing more than one pound, with the exception of guinea pigs. 6. Any other animal which, when full grown, normally attains a weight in excess of two hundred (200) pounds. 7. Any monkey (not authorized by the state of Illinois as a sanctioned pet), gorilla, chimpanzee or other similar ape like primate. 8. Any vicious animal, the owner or keeper of which, has been found guilty of violating section 20.207 of this chapter with respect to that animal. This subsection shall not apply to properly zoned and constructed zoos, animal shelters, veterinary hospitals, pounds, federally licensed scientific or research laboratories or educational or other licensed institutions. B. Killing: Any member of the Police Department of the Village is authorized to kill any dangerous animal when necessary for the protection of any person or property. For the purpose of this subsection, a dangerous animal is not limited to those specifically enumerated in subsection A of this section. 1. 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 is authorized to immediately notify the Community Development Department or Police Department. 2. 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 Community Development Department or Police Department. (Ord. 5458, 9-21-2004) Sec. 20.106 NOISE. It shall be unlawful to harbor or keep any animal which disturbs the peace by loud noises at anytime of the day or night. (Ord. 3746, 2-3-1987) 5 Sec. 20.107 PROHIBITED ACTS. No person shall permit an animal at any time to: (1) Molest persons or vehicles by chasing, barking or biting; (2) Attack other animals; (3) Damage property other than the owner's. This shall be an absolute liability probation. No proof of intent to permit or allow shall be required. ARTICLE II DOGS AND CATS Sec. 20.201 RABIES INOCULATION - DOGS AND CATS. Every owner, except animal shelters, animal impounding facilities, and laboratory animal facilities, of a dog or cat four 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. Sec. 20.202 COLLAR AND IDENTIFICATION - DOGS AND CATS. 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 or cat's owner, along with the serially numbered tag, issued by the Cook County Department of Animal and Rabies Control, or similar agency of another county, evidencing the dog or cat's rabies inoculation. 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. Sec. 20.203 Reserved Sec. 20.204 CONTROL OF DEFECATION. A. It shall be unlawful for any person to cause or permit a dog or cat to be on any property, public or private, not owned or possessed by such person unless such person has in his immediate possession a device for the removal of excrement and a depository for the transmission of excrement to a receptacle located upon property owned or possessed by such person. B. It shall be unlawful for any person in control of, causing or permitting any dog or cat to be on any property, public or private, not owned or possessed by such person to fail to remove excrement left by such dog or cat to a proper receptacle located on property owned or possessed by such person. C. It shall be unlawful for any person keeping or maintaining any animal to maintain any place where such animal is kept in other than a clean and sanitary condition. (1981 Code; amd. Ord. 3105,4-1981) 6 Sec. 20.205 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, who shall order the animal held on the owner's premises or at the sole discretion of the Village official shall have it impounded at the owner's expense for a period of ten (10) days. A. The animal shall be examined immediately (not later than 24 hours) after it has bitten or scratched anyone and again at the end of the ten (10) day period. B. If at the end of ten (10) days a veterinarian is convinced that the animal is then free from rabies the animal shall be released from quarantine or from the pound, as the case may be. C. If the animal dies in the meanwhile, its head shall be sent to the state department of health for examination for rabies. D. It shall be unlawful for the owner of any animal when notified that such dog or cat has bitten or scratched 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. (1981 Code) Sec. 20.206 IMPOUNDMENT PROCEDURES. A. In all cases of impoundment, other than those itemized in sections 20.205 and 20.207 of this article, when the Community Development Department or Police Department takes possession of an animal for the purpose of impounding same, the Village shall hold such impounded animal in an animal control center for seven (7) days, during which time reasonable means shall be used to facilitate its return to the rightful owner. 1. The owner of any animal impounded in any animal control center may, at any time during visiting hours at the animal control center, and before the sale or other disposal thereof as provided in this section, redeem such animal by paying the fees and/or charges required by this article and, in the case of an unlicensed animal, by additionally complying with the license requirements of this article. 2. The seven (7) day holding period shall not apply to animals relinquished by their owners to the Community Development Department or Police Department under owner signature authorizing the Community Development Department or Police Department to make immediate disposition of the animal at its discretion, nor shall any required holding period apply to animals received for 7 impounding in obviously critical physical condition for which immediate death by lethal injection shall be deemed proper for humane reasons by an authorized veterinarian. 3. Animals of unknown ownership shall be held for a minimum of five (5) days, or for such other length of time as the Community Development Department or Police Department may deem necessary to permit location of and redemption by rightful owners, except that wild animals which are noxious by their very nature such as wild rats and undomesticated rodents may be killed painlessly at once. 4. Any animal remaining unredeemed after the prescribed holding period shall at once become the property of the Village. B. For purposes of impounding, the Community Development Department or Police Department shall utilize an animal control center or the facilities of any Humane Society properly equipped and willing to impound animals. If the animal shall be of a species that may be better or more safety impounded elsewhere, the Community Development Department or Police Department may designate an alternate facility that is properly equipped and willing to accept the animal. 1. The animal control center, Humane Society or other authorized receiving agency shall exercise due caution for the welfare and temporary safekeeping of any animal, in conformance with policies to be prescribed by the Community Development Department or Police Department. 2. Impounded animals shall be humanely treated and fed; the pound shall be under the charge of the chief of police, who shall be responsible for the care and custody of the same. C. Prior to the release of any impounded animal: 1. The owner of any impounded animal which has bitten any other animal or person, or which was otherwise impounded pursuant to the terms of this chapter, shall pay the cost for housing the animal as well as redemption fees as set forth in appendix A, division II of this code. 2. In the event the rightful owner of a dog or cat cannot be found, any person desiring to adopt such a dog or cat at the end of such seven (7) day impoundment period shall pay the cost of housing the animal. 3. Vaccination certificate and licenses for any animal so redeemed or adopted shall be presented to the Community Development Department or Police Department. 8 D. Should no redemption or adoption be made of any impounded animal, it shall be the duty of the Community Development Department or Police Department is authorized to cause any such unclaimed animal to be killed in a humane manner. (Ord. 3167,12- 15-1981; amd. Ord. 5189, 5-15-2001; Ord. 5458, 9-21-2004) Sec. 20.207 VICIOUS ANIMALS. A. Mandatory Restraint: It shall be unlawful for any person to have custody of, own, possess or maintain a vicious animal, as defined in section 20.402 of this chapter, unless it is restrained, securely confined on the premises of its keeper or owner, or muzzled so that it cannot bite, attack or cause injury to any person or other domestic animal. In addition to any other available penalties, failure to comply with the requirements of this section may result in impoundment, as set forth in subsection B of this section. For purposes of this section, the following shall apply: 1. A vicious animal shall be deemed securely confined on the premises of its keeper or owner only when confined 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. 2. A vicious animal may only leave the securely confined premises for the purpose of obtaining grooming, veterinary care or upon order of a court of competent jurisdiction, or to leave the Village limits. When beyond the premises for such reasons, the animal must be securely muzzled and restrained by a chain or leash and under the immediate and constant physical restraint of the owner or keeper. 3. 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 ten feet (10') away from the animal's enclosure. B. Impoundment: If a vicious animal, as defined under section 20.402 of this chapter, is not kept in accordance with this section, or immediate impoundment is otherwise necessary for the protection of the public health or safety, the chief of police or other person acting on behalf of the Village may immediately order the animal impounded. 1. The keeper or custodian of an animal impounded pursuant to this section, shall be notified of the impoundment by certified mail or by personal service, in accordance with section 20.301 of this chapter, within two (2) working days of the impoundment. 9 2. The notice of impoundment, if by certified mail, shall inform the owner or custodian of the animal that the owner may make a written request for a hearing to contest the impoundment. Such a request must be made within five (5) working days of the mailing of the notice of impoundment. If notice of impoundment is given by citation, a hearing date shall be assigned and indicated on the citation. The hearing may be before the circuit court of Cook County, the Village Manager, or his or her designee or any administrative hearing officer. The forum shall be selected at the Village's sole discretion. 3. Upon request by the owner or custodian of the animal for a hearing pursuant to subsection B2 of this section, a 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. The animal shall not be destroyed prior to the conclusion of the hearing. 4. If a determination not to destroy the animal is made pursuant to the hearing, the Village may, to ensure the health and safety of the public and the animal, impose reasonable restrictions and conditions for the control and maintenance of the animal upon its release to the owner. The conditions may include, but are not limited to, the following: a. Posting a bond or other proof of ability to be responsible for future damage or injury caused by the animal. b. Specific requirements as to size, construction and design of an enclosure in which to house the animal. c. Establishing the location for housing the animal, including the removal of the animal from the Village. d. Requirements as to type and method of restraint and/or muzzling of the animal. e. Payment of reasonable fees to recover the impoundment costs incurred by the Village. 5. As provided under section 15 of the Illinois animal control act, 510 Illinois Compiled Statutes 5/15, the court has authority to enter a decree restraining the owner of a vicious animal from maintaining such animal as a public nuisance and may further decree that such animal be humanely dispatched. 6. Impoundment shall be conducted in accordance with subsections 20.206 20.205 B, C and D of this article to the extent not in conflict with this section. (Ord. 5458,9-21-2004) 10 Sec. 20.301 ARTICLE III ENFORCEMENT; PENALTIES ENFORCEMENT. It shall be the duty of the Village Chapter 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. 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. (1981 Code) Sec. 20.302 PENAL TIES. A. Notwithstanding the power of a police officer to arrest any violator and take him into custody, whenever a Village official designated under section 20.301 of this article is authorized to issue a citation because of a violation of this section, said official may, in lieu of filing a complaint in court in the first instance, issue the alleged violator a citation: B. 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. (1981 Code; amd. Ord. 3206, 4-20-1982; Ord. 3749,2-17-1987; Ord. 5189, 5-15-2001) ARTICLE IV DEFINITIONS Sec. 20.401 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 such part or parts thereof would be declared unconstitutional. (1981 Code) Sec. 20.402 CONSTRUCTION. A. Effect Of Headings: Chapter, article and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of any article or section of this chapter. 11 B. 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 OFFICER: Director of Community Development and the Chief of Police and their designated agents enforcing the provisions of this Chapter. ANIMAL UNDER CONTROL: Any animal either secured by a leash or lead, or within the premises of its owner, or confined within a crate or cage, or confined within a vehicle, or within the premises of another person with the consent of that person, or within an area specifically designated by the animal control officer as an animal exercise run when the animal is under the control of a competent person. BITE: Seizure with the teeth or jaws of an animal so that the skin of a human being or animal seized has been pierced or broken and further includes contact of the saliva of the biting animal with any break or abrasion of the skin of the human being or animal bitten. CAT: Any live male or female member of the classification: Felis catus. DIRECTOR OF HEALTH OR HEALTH OFFICER: Director of the Department of Community Department of the Village. DOG: Any live male or female 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 object of animal welfare. IMPOUNDED: The taking of any animal into the custody of the animal control officer, including the subsequent placement of such animal into any kennel, animal shelter, animal pound in accordance with the terms of articles I and II of this chapter. KILL: Death brought about by any method which produces loss of consciousness and results in humane death. OWNER: A any person having a right of property in an animal, who keeps or harbors and animal, who has it in his or her care, acts as its custodian or who knowingly permits an animal to remain on or about any premises occupied by him unless possession is 12 prohibited by Federal or State Laws. Native wildlife remaining on or about any premises shall be included in this definition. POLICE DEPARTMENT: The Mount Prospect Police Department. SCRATCH: Any scraping with the claw or nail of any animal so that the skin of a human being or animal being touched has been pierced or broken. STRAY ANIMAL: Any animal upon property other than that of the owner and not under restraint and not in the presence of its owner. VACCINATION: The injection, as approved by the department of agriculture, state of Illinois, of an antiracism vaccine approved by said department, with verification thereof consisting of a current certificate and current tag issued in accordance with the statutes of the State of Illinois. VICIOUS ANIMALS: Any animal which is known to have attacked a person on a previous occasion without provocation whenever that person was peacefully conducting himself or herself where he or she was lawfully entitled to be. VILLAGE: The Village of Mount Prospect. (1981 Code; amd. Ord. 5458, 9-21-2004) SECTION 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Corcoran, Hoefert, Lohrstorfer, Skowron, Zadel NAYS: None ABSENT: Korn PASSED and APPROVED this 1 ih day of January, 2006 ~ ~ tt/~ I ana K. Wilks, Mayor ATTEST: ,/?;~q' ~ M. Li A gell, Village. erk. 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