City of El Paso, IL
Woodford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of El Paso as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 315.
[Adopted as Ch. 6.04 of the 1979 Code]

§ 115-1 Running at large; picketing or tying.

A. 
It is unlawful to permit any cattle, horse, swine, sheep, goats or poultry to run at large in the City. Any such animal running at large in any public place in the City shall be impounded in the manner provided in Article II of this chapter.
B. 
It is further unlawful to picket or tie any such animal in any of the streets of the City for the purpose of grazing or feeding.

§ 115-2 Noise.

[Amended 1978 by Ord. No. 507]
It is unlawful to harbor or keep any animal or bird which, by causing frequent or long-continued noise, disturbs the peace, comfort or repose of any person or persons in the vicinity. For the purposes of this section, noises occurring between the hours of 7:00 p.m. and 7:00 a.m. are more disturbing and unnecessary than noises occurring between the hours of 7:00 a.m. and 7:00 p.m. and high-pitched noises are more disturbing and unnecessary than are low-pitched animal noises. In addition, repetitious sounds are more disturbing and unnecessary than intermittent sounds.

§ 115-3 Dangerous and vicious animals; wild animal exhibits.

A. 
It is unlawful to permit any dangerous animal or any vicious animal of any kind to run at large within the City.
B. 
Exhibitions or parades of animals which are ferae naturae in the eyes of the law may be conducted only upon obtaining a permit from the Chief of Police.

§ 115-4 Killing of dangerous animals.

The members of the Police Department, or any other person in the City, are authorized to kill any dangerous animal of any kind when it is necessary for the protection of any person or property.

§ 115-5 Diseased animals.

[Amended 1978 by Ord. No. 507]
A. 
No domestic animal afflicted with a contagious or infectious disease shall be allowed to run at large, or to be exposed in any public place whereby the health of man or beast may be affected; nor shall such diseased animal be shipped or removed from the premises of the owner thereof, except under the supervision of the Chief of Police, County Health Department, or Department of Agriculture.
B. 
It is the duty of the Board of Health to secure such disposition of any diseased animal and such treatment of affected premises so as to prevent the communication and spread of the contagion or infection, except in cases where the State Veterinarian is empowered to act.

§ 115-6 Cruelty.

[Amended 1957 by Ord. No. 507]
No person shall cruelly treat any animal in the City in any way. Any person who inhumanely beats, underfeeds, overloads or abandons any animal shall be deemed guilty of a violation of this section.

§ 115-7 Housing conditions; pigs prohibited.

A. 
No person shall cause or allow any stable or place where any animal is or may be kept to become unclean or unwholesome.
B. 
It is unlawful to keep any live swine or pigs in the City.[1]
[1]
Editor's Note: Original § 6.04.080 of the 1979 Code, Penalty, as amended, which immediately followed this section, was repealed 2-6-2017 by Ord. No. 994.
[Adopted 1978 by Ord. No. 499 (Ch. 6.08 of the 1979 Code)]

§ 115-8 Definitions.

As used in this article, the following terms shall have the meanings indicated:
DOG
Includes all members of the family Canidae four months or more of age.
OWNER
Any person having a right of property in a dog, or who keeps or harbors a dog, or who has it in his care, or acts as its custodian, or who knowingly permits a dog to remain on or about any premises occupied by him. If such person is a minor, then the parent or guardian with whom such child resides shall be considered to be the "owner" of such dog.

§ 115-9 Compliance with county law required.

Nothing in this article shall be regarded or interpreted as relieving any dog owner in the City from complying with all requirements of the Woodford County Animal Control Act, including the requirements of registering dogs with the county, inoculating dogs against rabies, and the requirements concerning dangerous dogs and dog bites.

§ 115-10 License required; fees.

[Amended 1980 by Ord. No. 545; 10-15-2007 by Ord. No. 870; 2-6-2017 by Ord. No. 994]
A. 
Every person who harbors or keeps a dog over the age of four months within the limits of the City shall pay an annual tax on such dog as set forth in the fee schedule. This fee shall apply for each dog harbored or kept within the City of EL Paso. Such tax shall be paid in advance on or before the first day of December of each year.
B. 
The Clerk shall keep a record of all dog taxes paid and shall furnish to each person paying such tax a metal tag having stamped thereon numbers indicating the year for which the tax is paid. A duplicate to replace a lost or destroyed tag may be issued by the Clerk upon the payment of the fee set forth in the fee schedule.
C. 
The tax required by this chapter shall be paid to the Clerk and shall be turned over by him to the Treasurer at the end of each month.

§ 115-11 Collar and tag required.

It is unlawful to permit any dog to be on any public street, sidewalk, alley or other public place unless such dog has a collar firmly attached around his neck with a license tag for the current year attached to such collar.

§ 115-12 Running at large.

[Added 1998 by Ord. No. 723]
It is unlawful to permit any dog to run at large within the limits of the City. A dog shall not be deemed to be running at large if the dog is on the property of the dog owner or on the property of anyone else with the consent of such property owner. For purposes of this section, an individual's property shall be deemed to include that portion of the City street between the surface of the street and the lot line of the property owner, but shall not include any sidewalk. Any dog found upon any place within the City other than on the owner's own property or on the property of a consenting owner shall be deemed running at large unless such dog is firmly held on a leash or is in an enclosed vehicle.

§ 115-13 Impoundment.

[Amended 1998 by Ord. No. 723]
A. 
Any dog found upon any public street or highway, or any dog running at large, or any dog for which the annual tax has not been paid as provided in this article, shall be impounded by order of the Police Department. The dog shall be impounded at any existing or available public pound, whether or not located in the City.
B. 
In case the owner of any impounded dog desires to make redemption thereof, he may do so according to the following conditions:
(1) 
He must present proof of current rabies inoculation, as required by the Woodford County Animal Control Act, and proof of registration of the dog with the City. In the event the dog has not been inoculated against rabies as required by the county, the owner must pay for such inoculation. In the event the dog is not licensed by the City, the owner must pay for such license. In the event the dog is not licensed by the City, the owner shall pay for such license before the dog is released.
[Amended 2-6-2017 by Ord. No. 994]
(2) 
He must pay the pound for the board of the dog for the period it was impounded. City impoundment costs are set forth in the fee schedule.
[Amended 2-6-2017 by Ord. No. 994]
(3) 
He will be issued a written citation for the first such occasion such dog was apprehended running at large, and pay a fine of $25 for each subsequent occasion. The reclamation fee, and any impoundment costs, shall be paid to the City before the dog is authorized for release.
C. 
When not redeemed by the owner within seven days, including the date of impoundment, a dog which has been impounded for running at large or for failure to be registered with the City in accordance with the provisions of this article shall be humanely dispatched, offered for adoption or otherwise disposed of by the pound as a stray dog in accordance with laws that exist or may hereafter exist.
D. 
This article shall not prevent humane societies from engaging in activities set forth by their charters; provided they are not inconsistent with the provisions of this article and other existing laws.
E. 
Any person purchasing or adopting such dog, with or without charge or donation, must pay for the registration of such dog.

§ 115-14 Dog kennels.

[Added 1998 by Ord. No. 723]
A. 
No dog kennels shall be permitted within the corporate limits of the City except by special use permit granted by the City Council following a hearing held before the El Paso Zoning Board of Appeals. A dog kennel shall be defined as four or more dogs over the age of four months housed in one location. Notwithstanding the foregoing, any dog kennel in existence within the City on January 1, 1998, shall not be expanded to house additional dogs without obtaining a special use permit. Four or more dogs shall be deemed to be a dog kennel, regardless of whether any commercial or profit motive is involved in keeping the dogs. The dogs need not be currently owned by the property owner or the dog kennel owner as the keeping of dogs shall also be deemed to be a dog kennel if four or more dogs over the age of four months are kept in the location, even temporarily.
[Amended 2-6-2017 by Ord. No. 994]
B. 
Any special use allowing the dog kennel may be revoked upon reasonable cause following a public hearing if the dog kennel disrupts the adjoining neighborhood because of excessive noise from the dogs.