For the purposes of this Article VIII, the following terms shall have the meanings indicated:
The act of owning; having in one's care or custody; or knowingly
permitting any dog to remain on or about any premises, for a period
consisting of more than 50 consecutive days.
January 1 of each year through December 31 of the same year.
Any discarded, used, or unconsumed substance, waste, or anything
else of an unsightly or unsanitary nature that is caused to be upon
or about any public property or any private property without the consent
of the owner or occupant.
Any person having a right of property in any dog; who keeps
a dog; who has any dog in his or her care or custody; or who knowingly
permits any dog to remain on or about any premises occupied by that
person.
Any dog shall be deemed to be running at large when it is
off the premises of its owner, unless the dog is under the control
of its owner's or other person's command and is on a stout leash of
not more than six feet in length.
Any dog known to have attacked a person or a domestic animal
where the person or domestic animal may lawfully be at any time, without
provocation, or any dog that bites or otherwise injures a person or
domestic animal.
A.
License requirement. It shall be unlawful for an owner to keep, harbor, or otherwise maintain a dog more than six months old within the Village without having first obtained a license from the Village and paying a fee as required by Subsection C. The keeping of any unlicensed dog that is required by this article to be licensed is hereby declared to be a public nuisance.
B.
Application. Written application for a license shall be made annually
by the owner at the beginning of each license year. The application
shall include evidence that all required permits, licenses, and approvals
have been obtained from the Lake County Health Department. In addition,
the application for a license under this section shall contain:
(1)
The name and address of the owner of the dog to be licensed;
(2)
The breed, color, gender, age, and name of the dog to be licensed;
(3)
The date of inoculation against rabies of the dog to be licensed;
(5)
Whether the dog to be licensed is spayed or neutered; and
(6)
Any other information as may reasonably be requested on the
application form to be prepared by the Village Manager.
C.
Fee; term. Each application for a dog license shall include a license
fee in an amount set forth in the Bannockburn Fee Schedule. The license
for any dog shall be effective for one license year.
[Amended 5-22-2017 by Ord. No. 2017-12]
D.
Applicability. Any dog purchased or otherwise acquired after the
first day of January in any license year shall be licensed not later
than 15 days after its acquisition, and any dog under six months old
shall be licensed not later than 15 days after it becomes six months
old.
E.
Inoculation. Every owner who keeps, harbors, or otherwise maintains a dog more than four months old within the Village shall have the dog inoculated against rabies as required by Illinois law. The Lake County rabies inoculation tag number shall be presented with the application for license as required by Subsection B. Any dog not having a current rabies inoculation is hereby declared a public nuisance and may be apprehended and impounded on order of the Chief of Police in accordance with § 141-807C.
F.
Collar and tag. After presentation of the license application and
payment of the required fee, the Village Clerk shall issue a numbered
metal license tag for each dog licensed. Every owner shall provide
each licensed dog with a sturdy collar to which the Village-issued
metal license tag and Lake County rabies inoculation tag shall be
securely fastened. The collar and tags shall be worn by the dog at
all times.
A.
Restrictions.
(1)
No owner shall be permitted to keep, harbor, or otherwise maintain
more than the following number of dogs on a lot in the Village:
(a)
No more than three dogs on any lot less than 80,000 square feet
in area;
(b)
No more than four dogs on any lot at least 80,000 square feet
in area but less than 120,000 square feet in area;
(c)
No more than five dogs on any lot at least 120,000 square feet
in area but less than 160,000 square feet in area;
(d)
No more than six dogs on any lot at least 160,000 square feet
in area.
(2)
Except as otherwise provided in this subsection, the keeping,
harboring, or maintaining of dogs on a lot in excess of the number
prescribed in this subsection shall be deemed a public nuisance.
B.
Existing conditions.
(1)
Notwithstanding the limitations set forth in Subsection A, an owner that keeps, harbors, or otherwise maintains more than the permitted number of dogs as of July 23, 2002, shall be permitted to keep, harbor, or otherwise maintain the excess dogs on the lot; provided that all dogs kept, harbored, or otherwise maintained on the lot:
(a)
Were registered with the Lake County Health Department as being
kept, harbored, or otherwise maintained on the lot as of April 8,
2002; or
(b)
Were kept, harbored, or otherwise maintained on the lot on or
prior to April 8, 2002, and will be timely registered with the Lake
County Health Department within the County's applicable registration
period.
(2)
However, no owner shall be permitted to replace any of the dogs kept, harbored, or otherwise maintained on the lot or to add any new dogs to be kept, harbored, or maintained on the lot unless the number of dogs kept, harbored, or otherwise maintained on the lot (including any replacement or new dog) conforms with the restrictions contained in Subsection A.
It shall be unlawful for an owner of any dog to:
A.
Permit any dog to run at large in the Village;
B.
Appear on the public ways, within public places, or upon the property
of another (absent that person's consent) without some means for the
removal of excrement or fail to remove any excrement deposited by
that dog on the public or private property;
C.
Permit any dog to damage property other than the owner's;
D.
Permit any dog to molest or disturb refuse other than the owner's
so as to create litter; or
E.
Permit any dog to make excessive noise so as to disturb the peace
and quiet of the neighborhood.
A.
Prohibited activity. It shall be unlawful for an owner of any dog
to permit that dog to molest or injure, without provocation, any person,
domesticated animal, or vehicle in any manner, including chasing,
attacking, biting, or scratching.
B.
Biting incident; procedures.
(1)
All biting incidents involving a person or another animal shall
be reported immediately to the Police Department.
(2)
The police officer shall require the owner of the dog involved
in a biting incident to confine the dog under the observation of a
licensed veterinarian within 24 hours after the biting incident and
pursuant to the following criteria:
(a)
When the owner of the dog cannot provide documented proof from
a licensed veterinarian, and to the satisfaction of the police officer,
that the dog is currently inoculated with a rabies vaccine, the dog
shall be confined for no fewer than 10 days following the biting incident
in an approved facility and under the observation of a licensed veterinarian.
(b)
When the owner of the dog can provide documented proof from
a licensed veterinarian, and to the satisfaction of the police officer,
that the dog is currently inoculated with a rabies vaccine, the dog
shall be placed under the observation of a licensed veterinarian.
(3)
When a dog confined for biting shows signs of rabies, or acts
in a manner that would lead a person to believe that the dog may have
rabies, the owner or veterinarian who has examined and is observing
the dog shall immediately notify the police officer. The police officer
shall immediately notify the physician attending the bitten person
and the County Department of Animal Control. If the dog is not already
in an approved facility, the police officer shall promptly seize the
dog and confine it under the custody of a licensed veterinarian in
an approved facility for observation, examination, and testing, as
necessary, for positive diagnosis of rabies.
(a)
Upon declaration by a licensed veterinarian that a dog is infected
with rabies, the police officer shall cause the infected dog to be
immediately euthanized in a humane manner. Disposition of the dog's
body shall be controlled by the police officer. The dog owner shall
pay any fee, charge, or penalty, including any fee for veterinary
services attributed to the bite, as well as for the euthanasia and
disposition of the dog. Failure to pay any fee, charge, or penalty,
including any fee for veterinary services attributed to the bite,
as well as for the euthanasia and disposition of the dog, shall be
a violation of this article.
(b)
Upon written declaration by a licensed veterinarian that a dog is not infected with rabies, the dog shall be released from the custody of the licensed veterinarian to its owner. The dog's owner shall provide documented proof to the satisfaction of the police officer that the dog is currently inoculated with a rabies vaccine and shall pay any fee, charge, or penalty, including any fee for veterinary services attributed to the bite. Failure to pay any fee, charge, or penalty, including any fee for veterinary services attributed to the bite, shall be a violation of this article. Any dog confined pursuant to Subsection B(3) that is not redeemed by its owner may be disposed of in accordance with state law.
C.
Liability of owner of dog attacking or injuring person. If a dog,
without provocation, attacks or causes injury to any person or domesticated
animal who or which is peaceably conducting himself, herself or itself
in any place where he or she or it may lawfully be, or if a dog otherwise
injures or damages the property of a person other than its owner,
the owner of that dog is liable to the person who is injured (or whose
domesticated animal or other property is injured or damaged) for the
full amount of the injury or damage sustained.
A.
It shall be unlawful for an owner to keep, harbor, or otherwise maintain
within the Village any dog that is known to be vicious or that has
evidenced a disposition to attack human beings or other animals without
provocation.
B.
Any dog showing tendencies of a vicious dog shall be reported immediately
to the Police Department. The police officer shall require that the
vicious dog be muzzled, or restrained in some other manner, and led
on a leash under its owner's control at all times that the dog is
off its owner's property.
A.
Notwithstanding the general penalty provided in Article XII, the owner of a dog ticketed for violating this article shall be subject to a fine according to the following schedule:
B.
In addition to the fines set forth in Subsection A, the Village may institute appropriate actions to abate any nuisances resulting from the violation of this article.
C.
The Bannockburn Police Department may, pursuant to the provisions set forth in this Subsection C, impound any dog that commits an act that constitutes a violation under this article.
(1)
Officers in the Bannockburn Police Department may take up and
impound, in any Village pound, or in a place that is designated by
the Board of Trustees, and if no place has been so designated, then
in a place that the Police Department finds expedient or necessary,
any dog in violation of this article.
(2)
Whenever any dog is impounded as provided in Subsection C(1), the Police Department shall immediately make a registry of the impoundment, and enter the breed, color, size, and sex of the dog impounded, and whether the dog is licensed or not, and the name and address of the owner of the dog, if known or on file with the Village Clerk, and shall file the registry in the office of the Village Clerk. The Village Clerk shall then provide notice by mail to the owner of the dog. If the owner's name is unknown and cannot be ascertained, then the Village Clerk shall cause notice to be posted at the Village Hall.
(3)
Any dog impounded may be redeemed by the owner by the payment
to the Village Clerk of a fine in the amount of $50 for the impoundment,
plus the fines due for any violations giving rise to the impoundment,
as well as payment of any charges expended by the Village in impounding.
D.
The Police Department may order a dog in violation of this article
to be muzzled, or may seek order of the court to have the dog destroyed
or kept out of the Village.
E.
If any violation shall be of a continuing nature, each day of violation
shall be deemed a separate offense subject to the penalties contained
in this section. In addition, if more than one dog of an owner is
in violation of this article, the violations of each dog shall be
deemed separate violations.
F.
Nothing in this section shall prohibit any person from seeking relief
in the civil courts against the owner of any dog committing a private
nuisance or tort.
G.
Whenever a dog is impounded or otherwise confined pursuant to this
article, its owner may, in lieu of paying any fines imposed for violations
of this article, secure the release of the dog upon paying all required
fees, costs, and expenses arising from the impoundment or confinement
and delivering to the Village a good and sufficient bond in the full
amount of any fines, plus court costs (which shall be estimated for
purposes of such bond as 25% of the total amount of any pending fines
plus all such fees, costs, and expenses). In the event a bond is posted,
the amount of fines and the disposition of the bond shall be determined
by the court having jurisdiction over the matter.
