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HomeMy WebLinkAboutOrd 2780 04/04/1978 .., 3/22/78 ORDINANCE NO. 2780 AN ORDINANCE RECODIFYING CHAPTER 20 OF THE MUNICIPAL CODE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: 'That Chapter 20 of the municipal Code of the Village of I\Iount Prospect of 195'{, as amended, is hereby further amended :in its entirety by deleting the entire text thereof and substituting therefor the following Sections under four Articles; so that hereafter the said Chapter 20 shan be and read as follows: CHAPTER 20 ANIl\IALS ARTICLE I ARTICLE II ARTICLE III ARTICLE IV General Provisions Dogs and Cats Enforcement -- Penalties Definitions ARTICLE I. GENERAL PROVISIONS Section 20.101. Stray Animals Prohibited. It shall be unlawful for any person, firm, or corporation to permit any animal to stray or to run at large upon or in any public place. A. It shall also be unlawful for any person, firm, or corporation to picket or tie any animal in the streets or upon the sidewalks of the Village for the purpose of grazing or feeding. B. Any stray animal in the public way or within a public place or upon private premises of any person other than the owner shall be immedi- ately impounded by an animal control officer and the impoundment procedures set forth in Article II of this Chapter shall thereafter control. C. It shall be unlawful to permit any dog to be left upon or on any public place or private premises not enclosed by an adequate fence or wall unless such dog is securely attached to a leash no longer than eight feet in length, even though such dog may be muzzled. D. This Section shall not apply to any animal being used for reserve or law enforcement work. Section 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 85 degrees Fahrenheit in such a manner that said animal does not have proper air circulation; 5. Abandon any animal on any public way or in any place where it may suffer or become a public charge; or 6. Promote, stage, hold, manage, conduct, or carryon 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. Section 20.103. Diseased Animals. No person, firm, or corporation 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 Health Officer. B. Any animal which is on any public way or within any public place and which is severly 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, or to the nearest veterinarian or veterinary hospital willing' to accept same. 1. If immediate removal shall not be possible, such animal may be de- stroyed 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 Health Officer in the absence of a representative of the Health Department or any Village of Mount Prospect police officer. C. No person, firm, or corporation 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, firm, or corpo- ration keep any dead animal in a place where it may be dangerous to the health of any other animal or person. 1. However, that the owner of any dead pet weighing not more than one hundred and fifty pounds may bury such animal on his premises; provided, further, that not more than one such animal shall be buried upon any half acre of ground within two years, and such animal shall be placed at least three feet below the sur- face of the soil surrounding and adjacent to the grave. 2 . Every person having within his possession or control or upon any premises owned or occupied by him or her any pead animal which that person cannot, or does not intend to, bury or have buried or otherwise lawfully disposed of shall immediately give notice to the Health Officer who shall cause such dead animal to be removed disposed of consistent with sound environmental standards. The . cost of such disposal shall be borne by such person having such dead animal upon his premises or within his possession or control. Sale or Possession of Certain Animals.. Prohibited. Section 20.104. A. No person, firm, or corporation 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 artifical color. 1. It shall be unlawful for any person, firm, or corporation to dis- play, 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, firm, or corporation to give away such animals as novelties or prizes. B. No person, firm, or corporation shall keep, maintain and/or harbor any live swine, pigs, horses, or other cattle within the corporate limits of the Village, unless such keeping, maintenance, and har- boring is accomplished in accordance. with. the Zoning Ordinance of the Village of Mount Prospect. C. Each person, firm, or corporation who shall possess, keep or main- tain any wild, or nondomesticated animal, including any wild animal native to the State of Illinois, shall upon demand of the Health Officer or his authorized representative, furnish proof of compliance with such restrictions and/or permit requirements as may be imposed by statutes of the State of Illinois and/or Federal law . The Health Officer or his authorized representative 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 ordinance 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. Section 20.105. Dangerous Animals. A. It shall be unlawful for any person, firm, or corporation to permit any exhibition of any animal which is ferae naturae ,in the law. B. Any Conservator of the Peace or member of the Police Department of the Village of Mount Prospect is hereby authorized to kill any dan- gerous animal when necessary for the protection of any person or property. 1. In all cases where such an 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 bit any person it shall be the duty of the police officer to immediately notify the Health Officer. 2. It shall be unlawful for the owner of any animal when notified that such animal 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 0 ARTICLE II. DOGS AND CATS Section 20.201. Annual License Required. Each owner (as defined in Article III of this Chapter), who keeps a dog within the Village of lUount Prospect shall obtain a license from the Village of Mount Prospect for each dog for the privilege of owning each such dog. A. Such license shall be required to be obtained within thirty (30) days after the 1st day of January each year. B. Every owner within the Village of Mount Prospect who acquires a dog after the 1st day of January of any year shall also be required to obtain a license within thirty (30) days of such acquisition. Section 20.202. License Application--Fee. The Finance Director shall prepare, or cause to have prepared, license application forms that shall afford complete information as to the name, residence, and telephone, if any, of each applicant, along with full information regarding each dog to be licensed. A. The Finance Director shall keep on file, or cause to be kept on file, for two years from date of issue, a copy of each application form so pro- cessed, or a copy of each license so issued on the basis of application. B. Application for such license shall be made to the Director of Finance. 1. Before a license is issued, a certificate of inoculation against rabies for each dog, issued by the county rabies control officer, or by his deputy, or by a licensed veterinarian, shall be sub- mitted to the Director of Finance for examination. 2. No license shall be issued for any dog unless such inoculation certificate bears a date within one year prior to the date of application for license. a. Such certificate shall be returned to the applicant after the current license has been issued. b. When applying for a license by mail, the certificate of inoculation shall accompany the application . c. Said certificate shall be returned at the time the license is mailed to the applicant. C. Each application shall be accompanied by the proper Jicense fee (s), pursuant to the following schedule: 1. Each dog, male or female, unneuteredor neutered: a. Annual $5.00 b. Semi-annual (for such animals obtained after June 30th of any year) 2.50 2. Each dog, male or female, unneutered or neutered, whose owners shall establish by satisfactory evidence that they are 65 years of age or older: a. Annual $2.50 b. Semi-annual (for such animals obtained after ..Tune 30th of any year) $1.25 3. Whenever an application for a renewal of a license previously issued for the prior fiscal year is received by the Finance Director after January 31st of any given fiscal year, the Finance Director is here- by authorized to compute the license fee for such license at the rate of one hundred fifty percent (150%) of the license fee heretofore designated in this Article. 4. Dogs which are the property of any subdivision of any unit of local, State or Federal government shall be issued complimentary licenses. 5. Any dog properly trained to guide or otherwise assist a bli..'>1d per- son shall be issued a complimentary license upon the presentation of proof of vaccination. Section 20.203. Issuance of License. Upon his receipt of a properly completed application form as well as the necessary c;ertificate and/or fees as provided hereinabove, the Village Director of Finance is hereby authorized to grant any license contemplated to be issued under Section 20.201 of this Chapter in the form of metal badges as may be necessary or such size and shape as he shall deem expedient, having stamped thereon the words "Dog LicenselT and the number indicating the year for which the license is issued. Every person keeping or maintaining any dog so licensed shall keep and maintain a collar around the neck of the dog with the metal badge, as herein- before described, securely fastened thereto; and every dog found in the Vil- lage without such badge will be deemed unlicensed, and shall be impounded as hereinafter provided. Section 20.204. Control of Defecation. A. It shall be unlawful for any person to cause or permit a dog 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 to be on any property, public or private, not owned or pos- sessed by such person to fail to remove excrement left by such dog to a proper receptacle located on property owned or possessed by such person. Section 20.205. Dog or Cat Bite or Scratch. Whenever any dog or cat bites or scratches a person, the owner of said dog or cat shall immediately notify the Village Police Department who in turn shall notify the Village Health Officer, who shall order the dog or cat held on the owner's premises or shall have it impounded at the owner's expense for a period of ten (10) days. A. The dog or cat 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 dog or cat is then free from rabies the dog or cat shall be released from quaran- tine or from the pound, as the case may be . C . If the dog or cat 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 dog or cat 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. Section 20.206. Impoundment Procedures. A. In all cases of impoundment other than those itemized in Section 20.205 the Animal Control Officer, Health Officer, or any Police Officer of the Village of l'/Iount Prospect takes possession of an animal for the purposes of impounding same, such officer shall hold such impounded animal in an Animal Control Center for four (4) days, during which time reasonable means shall be used to facilitate their return to rightful owners. 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 ordinance and, in the case of an un- licensed animal, by additionally complying with the license require- ments of this ordinance. 2. The four (4) day holding period shall not apply to animals relinquished by their owners to the Health Officer under owner signature authorizing the Health Officer to make immediate dis- position of the animal at its discretion, nor shall any required holding period apply to animals received for 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 four (4) days, or for such other length of time as the Director of Health 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 following an examination for zoonotic diseases. 4. Any animal remaining unredeemed after the prescribed holding period shall at once become the property of the Village of Mount Prospect. B. For purposes of impoundment the Director of Health shali utilize an Animal Control Center or the facilities of any humane society properly equipped and willing to impound animals, 01', if the animal shall be of a species that may be better or more safely impounded elsewhere, the Director of Health 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 r receiving agency shall exercise due caution for the welfare and temporary safekeeping of any animal, in conformance with policies to be prescribed by the Department of Health. 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. Unredeemed animals shall be disposed of as provided by the Mayor and Board of Trustees. G. 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 pursuant to the following schedule: a. Dog or cat impounded as unlicensed stray--Fifteen Dollars ($15) plus mandatory licensing within ten (10) days. b. Dog or cat impounded as licensed stray--Ten Dollars ($10). c. Horse impcunded as stray--Twenty Dollars ($20). d. Any species of animal other than dog, cat or h01~se--Ten Dollars ($10) plus mandatory application for permit to own if species is covered by any other protective law. 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 four (4) day impoundment period shall pay the costs of housing the animal. 3. Vaccination certificate and licenses for any animal so redeemed or adopted shall be presented to the Health Officer. D. Should 110 redemption 01' adoption be made of any impounded animal, it shall be the duty of the Health Officer to cause any such unclaimed animal to be killed painlessly at the end of the 5th day. AR TICLE III. ENFORCEMENT-- PENAL TIES Section 20.301. Enforcement. It shall be the duty of the following officials of the Village of Mount Prospect to issue CITATIONS to any persons who violate the provisions of this Section: members of the Health Department and members of the Police Department. A. Said CITATION 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 a Police Officer to arrest any violator and take him into custody. Section 20.302. Penalties. 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 hereinabove is authorized to issue a CITATION because of a violation of this Section, said official may, in lieu of filing a Com- plaint in court in the first instance, issue the alleged violator a CITA TION: 1. Advising said person that he has violated a specified subsection herein. 2. . Requesting him to make payment in an amount applicable to said alleged violation as set forth in subsection E of this Section as settlement of said violation claim. 3. Informing him that upon failure to so settle, a Complaint will be filed in the Circuit Court of Cook County, cparging him with such violation. B. Pursuant to said CITATION, the person so accused of said violation may settle and compromise the violation claim in respect to such violation by paying to the Village the applicable amount as shown in subsection E of this Section, within a period to be specified in said CITATION--not more than ten (10) days of the time alleged offense was committed. Such payment shall be made in accordance with the instructions con- tained in the aforesaid CITATION, at the Office of the Finance Depart- ment of the Village of Mount Prospect, which shall issue a receipt for the money so r~ceived and promptly remit said amount to the Village Treasurer to be credited to. the proper municipal fund. C . In the event that the person to whom said CITATION is issued fails to settle and pay said violation claim within the prescribed time, or with- in a period of tirne specified in a Final Notice (if one is served. upon him) then such designated official is authorized to cause a Notice to Appear to be served upon said alleged violator and is authorized to file a Complaint and to prosecute the same in the Circuit Court of Cook County . D. The fact that the animal is licensed to a person registered with the Village Treasurer-Collector in the name of said alleged violator shall be prima facie proof that said alleged violator allowed the animal to exist in violation of any given provision of this Chapter at the time of such alleged violation. E. The violation claim described in said CITATION so to be issued pur- suant to the terms of this Section may be settled, compromised and paid in the respective amounts set forth in the following schedule: 1. In the event that said payment is ma.de prior to the mailing by the municipality or by the Official of a Final Notice, the following amounts shall be accepted as settlement: Section Violated Section 20.101 Section 20.102 Section 20.103 Section 20.104 Section 20.105 Section 20.201 Section 20.204 Section 20.205 $ 5.00 $10.00 $15.00 $ 5.00 $15.00 $ 5.00 $ 5.00 $15.00 2. In the event that payment has not been paid prior to the mailing of such Final Notice, and in fact, Final Notice has been mailed, the following amounts shall be accepted as settlement: Five Dollars ($5) over and above those amounts listed in paragraph 1 above. 3. In the event that payment is not made within the time prescribed in the Final Notice, and a Notice to Appear has been served and a Complaint filed in the Circuit Court of Cook County, payment of any fine and costs shall be in such amounts as may be determined and establisl1ed by the Circuit Court of Cook County pursuant to subsection F of this Section 20.302. F. In accordance with the provisions of Subsection E of this Section 20.302 or whenever a Police Officer arrests a person because of a violation of Section 20.302 of this Article ,every person, firm, or corporation con- victed of a misdemeanor for a violation of any of the provisions of this Article shall be punished by a fine of not less than Twenty-five DonaI's ($25) nor more than One Hundred Dollars ($100) for a first offense; not less than Fifty Dollars ($50) nor more than Three Hundred Dollars ($300) for a second offense; and not less than One Hundred Dollars ($100) nor more than Five Hundred Dollars ($500) for each offense thereafter. If any violation shall be of a continuing nature, each day of violation shall be deemed a separate offense and subj ect to the pro- gressive penalties contained hereinabove. ARTICLE IV. DEFINITIONS Section 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 here- by 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 unconstitu- tional. Section 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. B. Definitions. For the purpose of this Chapter 20, whenever the following wor~s and phrases are used, they shall have 'the meanings and definitions respectively ascribed to them in this Section. 1. Animal. Any living vertebrate, domestic or wild, not including humans. 2. 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 . 3. Animal Control Officer. The Health Officer of the Village of Mount Prospect, his agents, or any police officer, or their agents, enforcing the provisions of this Chapter. 4. Animal Under Restraint. Any animal either secured by a leash or lead, or within the premises of its owner, or confined within I a crate or cage, or confined within a vehicle, or on 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 said animal is under the control of a competent person. 5. 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. 6. Cat. Any live male or female member of the classification Felis catus. 7. pangerous or Vicious Animal. Any animal which is known to have attacked a person on a previous occasion without provocation whenever that person VJaS peacefully conducting himself or her- self where he or she 'was lawfully entitled to be. 8. Director of Health or Health Officer. Director of the Depart- ment of Health of the Village of Mount Prospect. 9. Dog. Any live male or female member of the classification Canis familiaris. 10. Finance Director. Director of Finance of the Village of Mount Prospect. 11. Humane Society. Any not-for-profit corporation chartered under the laws of the State of Illinois for the object of an,imal welfare. 12. 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. 13. Kill. Death brought about by any method which produces instant loss of consciousness and results in painless death. 14. Licensed Dog. Any dog six months of age or older for which the owner can produce proof of having paid the license fee for the current year. 15. OWner. Any person having a rig"ht of property in any animal or who keeps or harbors any animal or who has an animal in his care or custody for fifteen (15) consecutive days. 1 G . Police Department_. The Mount Prospect Police Department. 17 . 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. 18. Stray Animal. Any animal upon property other than that of the owner and not under restraint and not in the presence of its owner. "'- ~" 19. Vaccination. The inj ection, as approved by the Department of Agriculture, State of Illinois, of an antirabies 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. 20. Village. The Village of Mount Prospect. '10 \.\0 SECTION TWO: That the Village Clerk be and is hereby directed to publish the foregoing Ordinance in pamphlet form, pursuant to the statutes of the State of Illinois made and provided. SECTION THREE: That this Ordinance shall be in full force and effect as of 12: 01 o'clock a.m. , II/lay 1, 1978, and after its passage, approval, and publica- tion in the manner provided by lavV" . AYES: 6 NAYS: 0 day of April , 1978. PASSED this 4th day of April . 1978. APPROVED this 4th APPROVED: /PL. JI .~ c~~ l~A '/, ~ VillagePfesident (' .' ATTEST: d2~ J), ~~~ Village Clerk