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HomeMy WebLinkAboutOrd 6121 02/04/2014 Amending Chapter 20 "Animals" and Appendix A, Divisions II and IIIORDINANCE NO. 6121 AN ORDINANCE AMENDING CHAPTER 20 "ANIMALS" AND APPENDIX A, DIVISIONS II AND III 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: SECTION 1: Articles I through IV of Chapter 20 "Animals" of the Mount Prospect Village Code shall be deleted in their entirety and inserting in lieu thereof the following new Articles I through VI as follows: Article I DEFINITIONS 20.101: 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 pursuant to the terms of articles I and II of this chapter. ANIMAL CONTROL OFFICIAL: The chief of police and any designated agent of the Chief who may be 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. DANGEROUS ANIMAL: Any animal having been declared or designated as such in accordance with Article IV of this chapter. 316489_6 DOG: Any live member of the classification Canis familiaris 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. 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 20.202: STRAY ANIMALS PROHIBITED 20.203: REQUIRED CARE 20.204: UNLAWFUL ACTIVITY WITH RESPECT TO ANIMALS 20.205: DOGS AND CATS RABIES INOCULATION 20.206: ANIMAL BITE OR SCRATCH 20.207: SALE OR POSSESSION OF CERTAIN ANIMALS OR NUMBER OF ANIMALS PROHIBITED 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 such part or parts thereof would be declared unconstitutional. (Ord. 5538, 1 -17 -2006) 316489_6 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: 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. B. 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. 316489_6 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 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. Allow 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, or which is afflicted with any painful disease or injury, including severe parasitism, without placing such animal under the care of a licensed veterinarian. O. Ship or remove a diseased animal from the premises of its owner, except under the supervision of the animal control official. P. As the owner of a severely injured animal, fail to place that animal under the care of an animal control center, humane society or veterinarian. Q. 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 316489_6 approved by the Illinois department of agriculture. This shall not apply to animal shelters, animal impounding facilities and laboratory animal facilities. (Ord. 5538, 1 -17 -2006) 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 police department. The owner shall hold the animal on the owner's premises. The animal control official, in his or her sole discretion, may cause the animal to be impounded at the owner's expense for a period often (10) days in the manner set forth in article III. 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 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. 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 316489_6 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 (except as a bonafide service animal or as authorized by the state of Illinois as a sanctioned pet), gorilla, chimpanzee or other similar primate. 13. Possess any dangerous 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. C. 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 OF IMPOUNDMENT 20.302: LOCATION 20.303: NOTICE 20.304: RELEASE 20.301: ORDER OF IMPOUNDMENT: 316489_6 Impoundment: If immediate impoundment is necessary for the protection of the animal or the public health or safety, or if a dangerous animal, as described in Article IV of this chapter, is not kept in accordance with Article IV, the animal control official 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 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). B. Except in cases of a dangerous animal, 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. 316489_6 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 DANGEROUS ANIMALS 20.401: POSSESSION UNLAWFUL 20.402: DECLARATION AS A DANGEROUS ANIMAL 20.403: SECURE CONFINEMENT 20.404: VACATION OF DECLARATION 20.401: POSSESSION UNLAWFUL: It shall be unlawful for any person to have custody of, own, possess or maintain a vicious or dangerous animal, as defined in section 20.101 of this chapter, except in accordance with this Article IV. 20.402: DECLARATION AS A DANGEROUS ANIMAL: An animal may be declared to be a dangerous 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 premises where the animal is kept in the Village of Mount Prospect. 20.403: SECURE CONFINEMENT: A. A dangerous animal shall be securely confined. This shall mean confinement on the premises of its owner 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 protection from the elements for the animal. B. A dangerous 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 dangerous 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. 316489_6 D. The exercising of a dangerous animal shall be a privilege subject to revocation by the animal control official. Such revocation shall be effective upon service of notice upon the owner or custodian. E. The owner of a dangerous animal shall display a sign stating "Warning - Dangerous 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'). 20.404: VACATION OF DECLARATION: Eighteen (18) months after the declaration as a dangerous animal, the declaration may be vacated by the animal control official. This may occur only upon a showing by the owner that the animal is no longer a dangerous 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 an agency that provides remediation training for animals exhibiting aggressive behavior. The decision to vacate the declaration shall be within the sole discretion of the animal control official who shall have absolute immunity from liability with respect to any decision which he or she might make pursuant to this chapter. Article V APPEALS AND HEARINGS 20.501: ORDERS SUBJECT TO APPEAL 20.501: ORDERS SUBJECT TO APPEAL: Any order or act taken to impound an animal, declare an animal a dangerous animal or to revoke the privilege of exercising a dangerous animal is subject to appeal as follows: A. Such an appeal must be made in writing to the animal control official, 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 animal control official 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. 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. 316489_6 9 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 20.602: DESTROYING AN ANIMAL 20.603: 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. 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: DESTROYING AN ANIMAL: Any member of the police department of the village is authorized to destroy any animal when necessary for the protection of any person, animal or property. 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) SECTION 2: Chapter 20 "Animals" under Appendix A, Division II shall be amended by referencing Section 20.304 "Release" instead of Section 20.206 "Impoundment Procedures ". 316489_6 10 SECTION 3: Chapter 20 "Animals" under Appendix A, Division III shall be amended by referencing Section 20.503 "Penalties" instead of Section 20.302 "Penalty (Enforcement) ". SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publi4ation in pamphlet form in the manner provided by law. AYES: Hoefert, Korn, Matuszak, Polit, Rogers, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 4 th day of February, 2014 Arlene A. Juracek Mayor ATTEST: M. L L rs4 Angell Village Clerk 316489_6