Village of Westville, IL General Regulations

Any person appointed by the Mayor and approved by the Village Board to perform duties enforcing this chapter or any animal control official appointed and acting under authority of the Village Board. (510 ILCS 5/2.03)

AT LARGE

Any dog shall be deemed to be at large when it is off the property of its owner and not under the control of a responsible person.

CAT

Any feline, regardless of age or sex. (510 ILCS 5/2.04a)

CONFINED

Restriction of an animal at all times by the owner, or his agent, to an escape-proof building, house or other enclosure away from other animals and the public. (510 ILCS 5/2.05)

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

DANGEROUS DOG

Any individual dog anywhere other than upon the property of the owner or custodian of the dog and unmuzzled, unleashed, or unattended by its owner or custodian that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or companion animal; or

A dog that, without justification, bites a person and does not cause serious physical injury.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(510 ILCS 5/2.05a)

DEPARTMENT OF AGRICULTURE

The Department of Agriculture of the State of Illinois. (510 ILCS 5/2.06)

DOG

All members of the family Canidae. (510 ILCS 5.21)

ENCLOSURE

A fence or structure of at least six feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures that may be taken by the owner or keeper, such as tethering of the vicious dog within the enclosure. The enclosure shall be securely enclosed and locked and designed with secure sides, top, and bottom and shall be designed to prevent the animal from escaping from the enclosure. If the enclosure is a room within a residence, it cannot have direct ingress from or egress to the outdoors unless it leads directly to an enclosed pen and the door must be locked. A vicious dog may be allowed to move about freely within the entire residence if it is muzzled at all times. (510 ILCS 5/2.11a)

FERAL CAT

A cat that:

Is born in the wild or is the offspring of an owned or feral cat and is not socialized;

Is a formerly owned cat that has been abandoned and is no longer socialized; or

Lives on a farm.

(510 ILCS 5/2.11b)

HAS BEEN BITTEN

Has been seized with the teeth or jaws so that the person or animal seized has been nipped, gripped, wounded, or pierced, and further includes contact of saliva with any break or abrasion of the skin. (510 ILCS 5/2.12)

INOCULATION AGAINST RABIES

The injection of an anti-rabies vaccine approved by the Department. (510 ILCS 5/2.13)

KENNEL

Any structure or lot on which four or more dogs and/or cats over four months of age are kept.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

LEASH

A cord, rope, strap, or chain which shall be securely fastened to the collar or harness of a dog or other animal and shall be of sufficient strength to keep such dog or other animal under control. (510 ILCS 5/2.14)

LICENSED VETERINARIAN

A veterinarian licensed by the state in which he engages in the practice of veterinary medicine. (510 ILCS 5/2.15)

OWNER

A person having a right of property in an animal or who keeps or harbors an animal, or who has it in his care, or who acts as its custodian, or who knowingly permits a dog to remain on any premises occupied by him. "Owner" does not include a feral cat caretaker participating in a trap, spay/neuter, return or release program. (510 ILCS 5/2.16)

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

POUND

Any facility approved by the Administrator and licensed as such by the Department of Agriculture for the purpose of enforcing this chapter and used as a shelter for seized, stray, homeless, abandoned, or unwanted dogs or other animals. (510 ILCS 5/2.18)

REGISTRATION CERTIFICATE

A printed form prescribed by the Department of Agriculture for the purpose of recording pertinent information as required by the Department under the Animal Control Act. (510 ILCS 5/2.19)

RESTRAINT

A dog is under "restraint" within the meaning of this chapter if it is controlled by a leash; within an enclosed vehicle being driven or parked on the streets; or within the property limits of its owner or keeper.

SHADE

Protection from the direct rays of the sun during the months of June through September.

SHELTER

A moisture-proof structure of suitable size to accommodate the dog and allow retention of body heat, made of durable material with a solid floor raised at least two inches from the ground and with the entrance covered by a flexible, windproof material. Such structure shall be provided with a sufficient quantity of suitable bedding to provide insulation and protection against cold and dampness.

VICIOUS ANIMAL

Any animal which has previously attacked or bitten any person or which has behaved in such a manner that the person who harbors said animal knows or should reasonably know that the animal is possessed of tendencies to attack or bite persons.

WILD ANIMAL

Any live monkey or ape, raccoon, skunk, fox, snake, or other reptile, leopard, panther, tiger, lion, lynx or any other animal or any bird of prey which can normally be found in the wild state. (510 ILCS 5/24)

[1]

Editor's Note: This section was amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I) to delete the definitions of "potentially dangerous dog" and "unowned stray dog."

§ 159-3 Injury to property.

Unlawful. It shall be unlawful for any person owning or possessing a dog or cat to permit such dog or cat to go upon any sidewalk, parkway, or private lands or premises without the permission of the owner of such premises and break, bruise, tear up, crush or injure any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever, or to defecate thereon.

Waste product accumulations. It shall be unlawful for any person to cause or permit a dog or cat to be on property, public or private, not owned or possessed by such person unless such person has in his immediate possession an appropriate device for scooping excrement and an appropriate depository for the transmission of excrement to a receptacle located upon property owned or possessed by such person. This section shall not apply to a person who is visually or physically handicapped.

§ 159-4 Manner of keeping.

Pens, yards or runs. All pens, yards, runs or other structures wherein any animal is kept shall be of such construction so as to be easily cleaned and kept in good repair.

Fences. Fences which are intended as enclosures for any animal shall be securely constructed, shall be adequate for the purpose, kept in good repair and shall not be allowed to become unsightly.

§ 159-5 Barking dogs and crying cats.

Harboring. It shall be unlawful for any person to knowingly keep or harbor any dog which habitually barks, howls or yelps, or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood, or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to be a public nuisance.

Petitions of complaint. Whenever any person shall complain to the Police Department that a dog which habitually barks, howls or yelps or a cat which habitually cries or howls is being kept by any person in the Village, the Police Department shall notify the owner of said dog or cat that a complaint has been received and that the person should take whatever steps are necessary to alleviate the howling, yelping or crying.

§ 159-6 Cruelty to animals prohibited.

Cruelty to animals prohibited. It shall be unlawful for any person to willfully or maliciously inflict unnecessary or needless cruelty, torture, abuse or cruelly beat, strike or abuse any animal, or by an act, omission or neglect cause or inflict any unnecessary or unjustifiable pain, suffering, injury or death to any animal, whether such animal belongs to such person or to another, except that reasonable force may be employed to drive away vicious or trespassing animals. Any unwanted animals should be delivered to the County Animal Control Facility for proper disposal.

Food and shelter. It shall be unlawful for any person in charge of any animal to fail, refuse, or neglect to provide such animal with food, potable water, shade or shelter, or to cruelly or unnecessarily expose any such animal in hot, stormy, cold or inclement weather, or to carry any such animal in or upon any vehicle in a cruel or inhumane manner. The terms used in this section shall comply with § 159-2.

(65 ILCS Sec. 5/11-5-6)

§ 159-7 Wild or vicious animals.

It shall be unlawful for any person to keep or permit to be kept on his premises any wild or vicious animal as described in this chapter for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions, or circuses.

It shall be unlawful for any person to keep or permit to be kept any wild animal as a pet, unless a permit is granted by the Department of Natural Resources of the State of Illinois.

It shall be unlawful for any person to harbor or keep a vicious animal within the Village. Any animal which is found off the premises of its owner may be seized by any police officer or humane officer, and upon establishment to the satisfaction of any court of competent jurisdiction of the vicious character of said animal, it may be killed by a police officer or humane officer; provided, however, that this section shall not apply to animals under the control of a law enforcement or military agency nor to animals which are kept for the protection of property, provided that such animals are restrained by a leash or chain, cage, fence, or other adequate means from contact with the general public or with persons who enter the premises with the actual or implied permission of the owner or occupant.

If the Department of Agriculture shall issue a temporary permit for the keeping, care, and protection of any infant animal native to this area which has been deemed to be homeless, then said animal may be kept on a temporary basis.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 159-8 Health hazards.

The Mayor shall have the power to issue an order prohibiting the keeping of any animal, fowl or bird which is deemed to be a nuisance or pose a health hazard to the general public.

§ 159-9 Limitation on number of dogs and cats kept.

Nuisance. The keeping of an unlimited number of dogs and cats in the Village for a considerable period of time detracts from and, in many instances, is detrimental to the healthful and comfortable life for which such areas were created. The keeping of an unlimited number of dogs and cats is, therefore, declared to be a public nuisance. The terms "dog" and "cat" shall be construed as provided in § 159-2.

Limitation; exception.

(1)

It shall be unlawful for any person or persons to keep more than five dogs or cats or any combination thereof within the Village, with the exception that a litter of pups, a litter of kittens or a portion of a litter may be kept for a period of time not exceeding five months from birth.

(2)

The provisions of this section shall not apply to any establishment wherein dogs or cats are kept for breeding, sale, sporting purposes or boarding.

Kennels. In the areas where kennels are permitted, no kennel shall be located closer than 200 feet to the boundary of the nearest adjacent residential lot. (See Chapter 360, Zoning, of the Village Code.)

§ 159-10 Restrictions on animals in Village.

Prohibited animals. Except as otherwise provided in this chapter, no person shall keep within the Village any cattle, cows, horses, sheep, swine, goats, chickens, ducks, turkeys, geese, rabbits, or other livestock.

Exceptions. This section shall not apply in areas of the Village that are zoned agricultural in nature nor shall this section apply to livestock brought into the Village for the purpose of being shipped out of the Village.

Powers of Police Chief. The Police Chief shall have the power to issue an order prohibiting the keeping of any animal, fowl, or bird which is deemed to pose a health hazard to the general public.