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HomeMy WebLinkAboutOrd 5458 09/21/2004 ORDINANCE NO. 5458 AN ORDINANCE AMENDING CHAPTER 20 OF THE VILLAGE CODE OF MOUNT PROSPECT Passed and approved by the President and Board of Trustees the 21st day of September, 2004 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 22nd day of September, 2004 ORDINANCE NO. 5458 AN ORDINANCE AMENDING CHAPTER 20 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Section 20.101, entitled "STRAY ANIMALS PROHIBITED," of Article I, of Chapter 20, of the Mount Prospect Village Code, be amended by deleted the existing Subparagraph B and inserting a new Subparagraph B, to be and read as follows: B. 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. SECTION 2: Section 20.101, entitled "STRAY ANIMALS PROHIBITED," of Article I, of Chapter 20, of the Mount Prospect Village Code, be amended to insert a new Subparagraph D, to be and read as follows: D. An animal shall be deemed to be unlawfully at large unless 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 chain, or supervised by the owner or keeper in a fenced yard or such other area as a kennel run. Any animal that is unlawfully at large pursuant to this Paragraph D may be deemed to be a "stray domestic animal" for purposes of this Article I. Subparagraph D, now in effect, shall be relettered Subparagraph E. SECTION 3: Section 20.105, entitled "DANGEROUS ANIMALS," of Article I, of Chapter 20, of the Mount Prospect Village Code, be deleted in its entirety and a new Section 20.105 be inserted to be and read as follows: ¡Manage 135339 1 1 Section 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. 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 20.206 with respect to that animal. This section 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. Any member of the Police Department of the Village is authorized to kill any dangerous animal, as defined in Article IV of this Chapter, when necessary for the protection of any person or property. For purpose of this subsection B, a dangerous animal is not limited to those specifically enumerated above in Subsection 20.1 05A. 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 Health Officer. ¡Manage 135339 1 2 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 Health Officer. SECTION 4: A new Section 20.206, entitled 'VICIOUS ANIMALS," be inserted into Article II, of Chapter 20, of the Mount Prospect Village Code, to be and read as follows: 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, entitled "Vicious Animals", 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 below. For purposes of this Section 20.206, 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 sided enclosure (four 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 deep to present escape by digging. The enclosure must be humane and provide some protection from the elements for the animal. 2. A dangerous or 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 Article IV, is not kept in accordance with this Article II, or ¡Manage 135339 1 3 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 Article III, of this Chapter, within two (2) working days of the impoundment. 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. Establish 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. ¡Manage 135339 1 4 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 ILCS 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 Section 20.207, Subsections (B), (C) and (D), of this Chapter to the extent not in conflict with this Section. SECTION 5: Section 20.206, of Article II, of Chapter 20, entitled "IMPOUNDMENT PROCEDURES:" be renumbered Section 20.207, and subsection A of renumbered Section 20.207 shall be amended to be and read as follows: A. In all cases of impoundment, other than those itemized in Section 20.205 and 20.206 of this Article, when the health officer or any police officer 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. SECTION 6: Appendix A, Division III of the Village Code of the Village of Mount Prospect shall be amended to insert the following at the end of Chapter 20, entitled "Animals," Section 20.302, subsection F: Keeping Dangerous Animal and Reptiles: Not less than $200.00 nor more than $1,000.00. Vicious Animals: Not less than $200.00 nor more than $1,000.00. SECTION 7: Subparagraph B of Section 20.402 entitled "Construction" of Article IV of Chapter 20 of the Village of Mount Prospect Code of Ordinances shall be amended by deleting the definition of "Dangerous or Vicious Animal" ¡Manage 135339 1 5 completely and inserting a new definition of "Vicious Animals" to be alphabetically inserted and to read as follows: 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. SECTION 8: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided bylaw. AYES: Corcoran, Hoefert, Skowron, Wilks NAYS: None ABSENT: Lohrstorfer, Zadel PASSED and APPROVED this 21st day of A TTE;)¡jpU) );, ðf~ ~Ima Lowe, Village Clerk Published in Pamphlet form this 22nd day of SeptemhPr , 2004. ~~~~~ Velma Lowe, illage Clerk ,,- ¡Manage 135339 1 6