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Laws, Ordinances & Regulations

Animals and Animal Control

SECTION:

5-2- 1: Definitions
5-2- 2: Animal Control Officer
5-2- 3: Inoculation Requirements
5-2- 4: Restraint of Dogs and Other Animals
5-2- 5: Animals as Nuisances; Noise Restricted
5-2- 6: Keeping Animals; Offensive Premises
5-2- 7: Biting or Attacking Animals
5-2- 8: Confinement; Warning of Dangerous Animals
5-2- 9: Killing or Attacking Animals
5-2-10: Cruelty to Animals
5-2-11: Cock Fighting, Dog Fighting
5-2-13: Injured Animals or Animals Found Dead on Public Ways
5-2-14: Interference with Enforcement
5-2-15: Impoundment of Animals
5-2-16: Enforcement and Penalty

5-2- 1: DEFINITIONS top
For the purposes of this Chapter, the following terms shall have the following meanings:

ANIMAL: Includes all animals, reptiles, birds or fish unless the section limits the application to a particular species of animal.

ANIMAL CONTROL OFFICER: An employee of the Board of Trustees whose duty it is to enforce he provisions of this Chapter.

AT LARGE: Any animal not under “restraint” as defined herein.

CAT: All animals, regardless of sex, of the feline species.

CHAPTER: The term Chapter is often used in this document, and it shall be construed to mean this Ordinance.

DANGEROUS or VICIOUS ANIMAL: Any animal: a) which shall at any time have bitten any human being; or b) whom the owner or keeper should reasonably know to have dangerous propensities and to pose a threat to the public; c) which has been or is trained to attack persons or animals on command.

DEPARTMENT OF AGRICULTURE: The Department of Agriculture of the State of Illinois.

DOG: All animals, regardless of sex, of the canine species.

INOCULATION AGAINST RABIES: The injection, subcutaneously or otherwise, as approved by the Department of Agriculture of canine antirabic vaccine approved by said Department.

OWNER or KEEPER: A person having a right of property in an animal, who keeps or harbors such animal, who cares for or who acts as its custodian, or who knowingly permits an animal to remain on or about any premises occupies by such person.

POUND: The Sangamon County Pound or other facility approved by the Board of Trustees for the impoundment of animals.

PUBLIC ENTRANCE: The entranceway of a residence or other building closest to the public street or sidewalk or one which would be reasonably perceived by the public to be the entrance to the dwelling available for public use.

RESTRAINT: An animal is under restraint if;

A. Attached to a leash held by a responsible person; or

B. Under the effective voice control of a responsible person; or

C. Attached to a structure or fixture in such a manner that it is unable to reach beyond the limits of the owner’s or keeper’s property and is unable to reach or molest service persons or casual visitors to the owner’s or keeper’s property using the public entrance or persons placing mail in the mailbox or delivering newspapers at the request of the owners; or

D. Enclosed in a fence yard from which it is unable to escape without assistance from a person.

WORKING DAY: Any day when the office or public entity referred to was open for the transaction of business. (Ord., 5-22-1985)

5-2- 2: ANIMAL CONTROL OFFICER top

A. Office Established: There is hereby established an Animal Control Officer to be subordinate to the Village President.

B. Duties: Without limiting those powers and duties prescribed by law and ordinance, the Animal Control Officer shall:

  1. Exercise the power and perform the duties as set forth by the Board of Trustees.

  2. Impound animals pursuant to the provisions of this Chapter at the Sangamon County Animal Pound or other facility approved by the Board of Trustees. (Ord., 5-22-1985)

5-2 3: INOCULATION REQUIREMENTS top

A. Inoculation Required; Name Tags Affixed to Collars; Each calendar year, or at such intervals as may hereafter be promulgated by the Department of Agriculture, every owner or keeper of any dog which is four (4) months of age or older shall cause such dog to be inoculated against rabies. Such owner or keeper of such dog shall cause a serially-numbered tag evidencing such inoculation to be attached to a collar or harness worn by the dog at all times. Numbered tag to be registered with the Village.

B. Inoculation Performed by Licensed Veterinarian; Issuance of Certificate;

  1. Licensed Veterinarian; Certificate; The inoculation of dogs required by this Chapter shall be performed by a veterinarian, duly licensed to practice in this State or in the State where the inoculation occurred. Upon performing such inoculation, such veterinarian shall issue to the owner or keeper a certificate of such fact.

  2. Metal Tag: Such owner or keeper is responsible for obtaining annually from the Clerk of Sangamon County a metallic tag suitable for attaching to the collar or harness of such dog, which tag shall also certify to the fact of inoculation against rabies. The tag shall be in such form as shall be determined by the Department of Agriculture and adopted for use by the Clerk of Sangamon County.

C. Duration of Inoculation; The inoculation performed under the provisions of subsection A of the Section shall be effective until the expiration of one year after the vaccination was performed or the expiration of such period of time as may be promulgated by the Department of Agriculture.

D. Exhibition of Certificate upon Request; At any reasonable time upon request of any member of the Police Department of the Village or Animal Control Officer, the owner or keeper of any dog or cat shall exhibit any current, valid certificate required under the provisions of this Chapter, certifying the inoculation against rabies of any dog or cat owned or kept by him. (Ord., 5-22-1985)

5-2- 4; RESTRAINT OF DOGS AND OTHER ANIMALS top

A. Dogs; The owner or keeper of a dog shall keep such dog under restraint at all times and shall not permit such animal to be at large.

B. Other Animals; It shall be unlawful for any person to allow any horses, cattle, swine, sheep, chickens, ducks, geese or other animal or fowl, except as otherwise provided by this Code, to be at large anywhere within the Village. The herding of any animals or fowl or tethering of animals for gazing purposes shall be deemed to be at large.

C. Penalty; Any person convicted of violating this Section shall be subject to penalty as provided in Section 1-4-1 of this Code. (Ord., 5-22-1985; 1997 Code)

5-2- 5; ANIMALS AS NUISANCES; NOISE RESTRICTED top

A. Nuisance Declared; It shall be unlawful for the owner or keeper to suffer or permit any such animal by barking, howling, crying or other distressing or loud or unusual noise to disturb the peace or quiet of any place, neighborhood, family or person in the Village. The disturbing of said neighborhood or persons by any such animal is hereby declared to be a nuisance, and it shall be unlawful for any such person to suffer or permit any such nuisance to exist.

B. Time Restrictions: In addition to the general restrictions of subsection A of this Section, for the purpose of this Section, an owner or keeper is in violation of this Section if he permits a dog to bark in a substantially continuous manner between the hours of ten o’clock (10:00) P.M. and seven o’clock (7:00) A.M. for a period of more than fifteen (15) minutes, or allows such animal to bark for numerous periods of time, regardless of duration, so as to disturb the quiet of the neighborhood or of particular neighbors.

C. Repeat Offenders; Petition to Destroy: In case any animal shall repeatedly disturb the peace or quiet of any place or neighborhood or become a nuisance as defined in the Chapter, the Village may petition the Circuit Court of Sangamon County for an order to destroy said animal. (Ord., 5-22-1985)

5-2-6; KEEPING ANIMALS; OFFENSIVE PREMISES top

Any pen, stable or place in which animals are housed or kept which is unreasonably offensive to persons residing in the vicinity of the same, due to associated debris or odors, or to persons passing along any street or ally near the same, or which constitute a hazard to the health of persons residing nearby, s hereby declared to be unlawful and a nuisance. (Ord., 5-22-1985)

5-2-7: BITING OR ATTACKING BY ANIMALS top

It is unlawful for any owner or keeper of an animal to suffer, permit or fail to prevent an animal from biting or attacking a person or another animal resulting in injury to the person or animal attacked; provided, that such an attack upon a person who is or reasonably appears to be in the commission of an act made punishable under the Criminal Code of the State of Illinois, is not prohibited if the animal is acting in the defense of the owner or keeper or his family or premises, and the animal remains on his premises. For the purposes of this Section, it is not necessary that the person bitten or attacked be arrested or convicted of a criminal offense. (Ord., 5-22-1985)

5-2-8: CONFINEMENT, WARNING OF DANGEROUS ANIMALS top

No person shall own, keep or harbor within the Village an animal known to be dangerous or vicious, unless such person shall keep such animal safely and securely confined so as to protect from injury any child or other person who may come upon the premises in the vicinity where such animal may be located. Adequate warning by signs, or otherwise shall be given to all persons coming upon the premises in the vicinity of any such vicious or dangerous animal. (Ord., 5-22-1985)

5-2-9: KILLING OR ATTACKING ANIMALS top

It shall be unlawful for any person to kill or wound or attempt to kill or wound by the use of firearms, slingshot, bow and arrow, BB gun, air rifle or any other dangerous weapon, any animal within the Village limits; provided, that this Section shall no prohibit a person from defending himself or another from attack by an animal. Police may use weapons to destroy animals which are seriously injured to avoid unnecessary suffering or in self-defense or defense of others. (Ord., 5-22-1985)

5-2-10: CRUELTY TO ANIMALS top

It shall be unlawful for any person to commit acts of cruelty to animals. The following acts shall be deemed to be examples of cruelty to animals and are not intended to be a complete list of acts which may constitute cruelty:

A. Overloading, overdriving, overworking, beating, torturing, tormenting, mutilating or killing any animal or causing or knowingly allowing the same to be done. Doctors of veterinary medicine, in the performance of their profession, are not subject to the provisions of this Section.

B. Cruelly working an old, maimed, injured, sick or disabled animal or causing on knowingly allowing the same to be done.

C. Failing to provide any animal in one’s charge or custody, as owner or keeper, with proper food, drink, shelter, air, sanitation or medical care.

D. Abandoning any animal without making provisions for its care and feeding. (Ord., 5-22-1985)

5-2-11 COCK FIGHTING, DOG FIGHTING top

It shall be unlawful for any person to use or keep animals or be in any way connected with the management of any place kept or used for the purpose of fighting or baiting any dogs, cocks or other animals or permit such place to be kept or used on premises owned or controlled by such persons. (Ord., 5-22-1985)

5-2-12: DEAD ANIMALS; DISPOSAL top

A. Responsibility for Disposal: The owner or keeper of an animal shall be responsible for disposal of such animal’s remains upon its death, from whatever cause, and regardless of the locations of the remains of such animal.

B. Method of Disposal: Animal remains shall be disposed of:

  1. By burial beneath at least eighteen inches (18”) of compacted soil on the property of the animal’s owner or keeper or any other location, with express permission of the owner of the property; or

  2. By or through the Sangamon County animal pound; or

  3. By or through a licensed veterinarian; or

  4. By action of the Animal Control Officer.

C. Improper Disposal: Written Notice: Animal Control Officers may issue a written notice to any owner or keeper who has failed to properly dispose of the remains of an animal as prescribed herein. Such personal shall have twenty four (24) hours from receipt of such notice to properly dispose of such remains. The notice shall be served upon the violator personally or be leaving such notice at his usual place of abode with some person of the family, of the age of thirteen (13) year or upwards, and informing that person of the contents thereof.

D. Disposal By Village: The Village may dispose of any animal remains without notice to the owner or keeper when:

  1. Such remains are located on a public roadway;

  2. The remains bear no owner identification tags as required by this Chapter;

  3. The remains are located on the property of a person other than the owner or keeper;

  4. Service of a citation upon the owner or keeper is refused or not readily available within a short time.

E. Failure to Comply: In any case where a disposal notice is served, in accordance with subsection C of this Section, upon failure of a person served with a notice to properly dispose of such remains within the time allowed, the remains may be disposed of by employees of the Village and all costs of such removal shall be paid by the owner or keeper of the dead animal to the Village.

F. Cost of Disposal: A minimum charge of fifty dollars ($50.00) for each hour or part of an hour spent by Animal Control Officers or other Village employees in disposing of the remains shall be levied against the owner or keeper when the Village disposes of the remains. The Village is hereby authorized to institute legal proceedings to collect any amount owing by the owner or keeper; providing, that such suit is filed within two (2) years of the issuance of the citation. (Ord., 5-22-1985)

5-2-13: INJURED ANIMALS OR ANIMALS FOUND DEAD ON PUBLIC WAYS top

A. Pickup by Animal Control Officer: Any animal discovered injured or dead on a public way of the Village shall be impounded or picked up by the Animal Control Office.

B. Tagged Animals: Seriously injured animals which are wearing owner identification tags will be taken to a doctor of veterinary medicine who shall contact the owner for treatment instructions and who shall maintain the animal, painlessly, if possible, until instructions are received. The owner or keeper shall be responsible for the costs of the impoundment and treatment.

C. Untagged Animals: Seriously injured animals which do not bear owner identification tags shall be impounded and euthanized forthwith by a doctor of veterinary medicine to avoid unnecessary suffering to the animal.

D. Release: Treatment: Injured animals wearing owner identification tags shall be released to the pound within forty eight (48) hours if the owner cannot be contacted and treatment is completed or if the animal requires treatment beyond treatment to minimize suffering or pain, such treatment may be provided at the owner’s or keeper’s expense.

E. Impoundment Fees: No animal will be released by a veterinarian from impoundment to the owner or keeper following treatment of an injury until a release is received from the Village showing payment of impoundment fees. (Ord., 5-22-1985)

5-2-14 INTERFERENCE WITH ENFORCEMENT top

It shall be unlawful for any person to, in any way, interfere with any person who is known to such person to be or who identifies himself to be and is in fact, a Village employee or officer enforcing the provisions of the Chapter or engaged in catching or impounding any dog or cat under the authority of this Chapter. Any person convicted of a violation of the provisions of the Section shall be subject to penalty as provided in Section 1-4-1 of this Code. (Ord., 5-22-1985; 1997 Code)

5-2-15 IMPOUNDMENT OF ANIMALS top

A. Authority To Impound Animals And Enter Onto Private Property

  1. Authority to Impound: It shall be the duty of the Animal Control Officer and officers of the Police Department as shall be designated for that propose by the Chief of Police to take up and impound in the Sangamon County Animal Pound, or other place as designated by the Chief of Police, any animal found at large or any dog or cat found in the City without identification, inoculation or licensing tags contrary to any of the provisions of this Chapter, or statutes of the State of Illinois.

  2. Authority To Enter: The Animal Control Officer and officers of the Police Department are authorized to go upon private property in order to enforce this Chapter or to take up any animal which is found at large or take up any dog or cat found without proper inoculation, licensing or identification tags; however such persons may not enter a private dwelling house for this purpose without a valid warrant or the consent of the occupant.

B. Impoundment Of Animals Which Have Bitten Persons:

  1. Impoundment: Any animal, whether under restraint or not, which shall have bitten or otherwise injured any person so as to cause an abrasion of the skin shall be immediately be taken, impounded and kept separated from other animals for ten (10) days.

  2. Notice of Bite: The victim of such bite and the Animal Contrails Unit shall notify the Sangamon County Department of Public Health of the bite within twenty four (24) hours.

  3. Development of Symptoms: If during that period such animal develops symptoms of illness, a veterinarian shall diagnose its condition.

  4. Destruction of Animal: If the symptoms disclose or are such as to indicate the presence of rabies, such animal shall be destroyed in such manner, however, to preserve intact the head, which shall thereupon be detached and immediately sent to the diagnostic laboratory of the Department of Agriculture.

  5. Unable to Safely Impound: In case such animal cannot be safely taken up or impounded, it may be killed, care being taken to preserve the head intact which shall thereupon be detached and immediately delivered to the diagnostic laboratory of the Department of Agriculture.

  6. Redemption from Pound: If at the expiration of the period of ten (10) days, no symptoms of rabies have developed in such animal so impounded, the same may be redeemed by the owner or keeper upon payment of the redemption fees and charges specified in this Chapter.

  7. Impoundment By Owner: After having been notified that his animal has bitten or otherwise injured any person, the owner or keeper therof shall not, under any circumstances, permit such animal to be outside of his premises except on a leash with a responsible adult until the procedures prescribed in subsections B1 and B2 of this Section have been completed. Failure of the owner or keeper of an animal impounded in accordance with the Sections or comparable section of State law to adhere strictly to the provisions of this subsection shall be punished as provided in Section 1-4-1 of this Code.

C. Notice of Owners or Keepers of Impoundment and Violation: The Sangamon County animal pound shall notify the owners or keepers of animals impounded pursuant to this Chapter, if known to them, of the fact of impoundment.

D. Fees:

  1. Impoundment: Any animal impounded under the provisions of this Chapter, except such as may have bitten any person, shall, unless sooner redeemed, be held until it may be disposed of pursuant to subsection E of this Section in order to afford opportunity to the owner or keeper thereof to the same. Any owner or keeper desiring to redeem an impounded animal shall pay an impounding fee of fifty dollars ($50.00) per animal to the Village and, in addition, to Sangamon County the cost of keeping such animal while impounded; provided, however, that forty dollars ($40,00) of the Village’s impoundment fee shall be waived for the first time a dog of a particular owner is redeemed. For the purpose of this subsection, the owner of an animal shall be entitled to the reduced impoundment once during every 3-year period. The impounding fee shall be paid by the owner or keeper at the Village Bookkeeper office, the fees for the cost of keeping the animal and any additional fees such as a fee for inoculation, shall be paid the Sangamon County animal pound.

  2. Inoculation: In case any dog or cat has not been inoculated against rabies for the current calendar year, such owner shall also advance the fee required to have such dog inoculated by the duly licensed veterinarian and the administrator of the pound shall forthwith cause the dog to be inoculated for the current calendar year, or in accordance with the requirements of the Department of Agriculture.

E. Disposition Of Animals: Any dog or any other animal, except animals bearing owner identification or inoculation tags, impounded pursuant to the provisions of this Chapter which shall not be redeemed within three (3) working days shall be humanely destroyed or otherwise disposed of by the Director of the Sangamon County animal pound. Any dog validly licensed or with owner identification tags and impounded pursuant to the provisions of this Chapter which shall not be redeemed within seven (7) working days shall be humanely destroyed or otherwise disposed of by the Directors of the Sangamon County animal pound. (Ord., 5-22-1985)

5-2-16 ENFORCEMENT OF PENALTY top

A. Issuance of Citations to Persons In Violation:

  1. Authority to Issue: Animal Contrails officers, and others specifically designated by the Village President, are hereby authorized to issue citations upon a reasonable belief that any person has violated any provisions of this Chapter.
  2. Form of Citation: Such citation shall be issued on forms approved by the Village Board of Trustees.
  3. Service of Citation: Such citation shall be issued personally to the violator, left with a responsible family member of at least thirteen (13) years of age at the home of the violator, or mailed to residence of the violator.
  4. Copy Filed With Clerk: Persons issuing a citation shall ensure that a copy of the citation is filed at the Village Clerk’s office as soon as practical after the issuance of such citation.

B. Payment To Avoid Prosecution:

  1. Payment Within Seven Days: Upon receipt of a citation alleging a violation of any section of this Chapter, the violator may pay one-half (1/2) of the minimum fine provided in this Chapter at the Village Clerk’s office; provided, that this amount is paid within seven (7) working days of issuance of such citation.

  2. Payment After Seven Days: After seven (7) working days of the issuance of a citation, the full fine applicable to the violation must be paid to avoid prosecution.

C. Prosecution Of Violations: After seven (7) working days have elasped from the date of the issuance of a citation authorized by this Chapter, action may be taken by the Board of Trustees to file the complaint form and prosecute the alleged violation in the Circuit Court.

D. Penalty: Any person convicted of violating any section of this Chapter shall be subject to penalty as provided in Section 1-4-1 of this Code. (Ord., 5-22-1985; 1997 Code)