[Ord. 5-7-1973, § 1; Ord. 96-12, 4-15-1996]
No person in the Village shall keep any pigeon (excluding, however,
those pigeons covered by the Illinois carrier, racing, hobby and show
pigeon act of 1993), horse, colt, cow, bull, steer, calf, mule, ass,
hog (with the exception of miniature potbellied pigs), pig, sheep,
lamb, goat, kid or cattle of any kind or any chicken, hen, rooster,
goose, gander, gosling, duck, drake, guinea or any kind of fowl, or
any other livestock, barnyard animal or wild animal, or allow or permit
any animal or animals to run loose or at large in or on any street,
avenue, alley or public place in the Village.
[1943 Code, § 401.03; Ord. 91-21, 10-21-1991, § 1; Ord. 96-12, 4-15-1996]
(a)
ANIMAL
DANGEROUS ANIMAL
OWNER
VICIOUS ANIMAL
(1)
(2)
(3)
(4)
(A)
(B)
(5)
(6)
Definitions. Notwithstanding anything to the contrary the following
words and phrases shall have the meanings respectively ascribed to
them in this section:
Any warm or cold blooded nonhuman mammal, bird, fish, reptile,
poisonous or nonpoisonous arachnids or apian, the keeping or possession
of which is not otherwise prohibited.
Any lion, tiger, leopard, jaguar, cheetah, margay, mountain
lion, lynx, bobcat, jaguarundi, bear, hyena, wolf or coyote or any
wild animal, poisonous or life threatening reptile.
Any keeper, person, partnership, corporation, association
or any other entity owning, keeping, harboring, possessing, caring
for, or having custody or control of any animal whether on a temporary
or a permanent basis.
Any individual animal that, when unprovoked, inflicts or attempts
to inflict physical injury on a human being or other animal, whether
on public or private property;
Any animal that exhibits a propensity, or with a known propensity,
tendency or disposition, to attack without provocation, to cause injury
or to otherwise endanger the safety of human beings or domestic animals
on at least one occasion; or
Any individual animal owned or harbored primarily or in part
for the purpose of animal fights; or
Any individual animal which has been found to be a vicious animal
in another jurisdiction.
Any of the acts specified in the definition of "vicious animal"
shall be sufficient to bring the animal in question within the definition
of "vicious animal," and each such occurrence shall be a separate
event upon which an offense can be based.
A "vicious animal" shall not include any such animal if the
defining behavior is exhibited as a result of teasing, torment, abuse
to the animal, or when an assault, trespass, tort, or crime occurs
on the immediate premises where the animal is housed at the time the
action takes place, or when the animal is protecting or defending
a human being within an immediate vicinity from an attack or assault.
The prohibitions of this section shall not apply to dogs used by any
police department, law enforcement agency or law enforcement official
in the performance of their duties.
It shall be unlawful for any person to own, keep or harbor any
vicious animal within the corporate limits of the Village.
Upon receipt of a complaint of a violation of this section,
a court of competent jurisdiction shall first determine whether the
subject animal is a vicious animal. Upon determination or finding
that the animal in question is vicious, any person found to have violated
the provisions of this section for a first time shall be fined not
less than $50 nor more than $750. Any person found to have violated
the provisions of this section for a second or a subsequent time shall
be fined not less than $150 nor more than $750. The penalty provided
in this section shall be in addition to any and all other penalties
provided herein.
[1943 Code, § 401.08; Ord. 96-12, 4-15-1996]
It shall be unlawful for any person to treat any animal in the
following manner:
(a)
By overloading, overdriving, overworking, cruelly beating, torturing,
tormenting, mutilating, or cruelly killing any animal, or causing
or knowingly allowing the same to be done.
(b)
By cruelly working any old, maimed, infirm, sick or disabled animal
or causing or knowingly allowing the same to be done.
(c)
By unnecessarily failing to provide any animal in one's charge or
custody, as owner or otherwise, with proper food, drink and shelter.
(d)
By abandoning any old, maimed, infirm, sick or disabled animal or
abandoning any animal on any highway or public way or any other place
where it may suffer injury, hunger or exposure or become a public
charge.
(e)
By carrying or driving or causing to be carried or driven or kept
any animal in any unnecessary cruel manner.
[1943 Code, § 401.08; Ord. 96-12, 4-15-1996]
When any dead animal shall be found in the Village, it shall
be the duty of the person owning such animal or of the person(s) having
the management and control of that animal at the time of its death
or of the person who deposited or caused the same to be deposited,
to remove and dispose of the animal in a manner approved by the Village
Health Department. Any person violating this section shall be fined
in an amount not to exceed $750 and shall also pay the expense of
removal and disposal of the dead animal, which shall be taxed and
collected as costs against such person.
[Ord. 12-18-1978, § 2; Ord. 96-12, 4-15-1996]
The owner, attendant or person in charge of any animal within
the Village shall be responsible for the prompt removal and sanitary
disposal of that animal's bodily waste product or excrement so as
to maintain owner's premises and all and any other property within
the Village in a clean and sanitary condition. The owner, attendant
or other person in charge of any animal outside the premises to which
the animal is licensed, shall have on his person a suitable and appropriate
means for removal and sanitary disposal of that animal's bodily waste
product or excrement. Any person violating this section shall be punished
by a fine not exceeding $750.
[1943 Code, § 404.16; Ord. 12-18-1978, § 1; Ord. 96-12, 4-15-1996]
It shall be the duty of every veterinarian or other person who discovers any dog or other animal to be suffering with rabies or which exhibits clinical signs of rabies to report such fact immediately to the Commissioner of Health for the Village. Such report shall give the name, if known, and the place of residence of the person owning or harboring such dog or other animal, the place where the dog or other animal can be found and the license number of such dog or other animal, if known. Such dog or other animal shall be immediately taken up and impounded in the manner provided in Section 5-21 of this Chapter and securely kept until the Commissioner of Health or his/her designee can make or cause to be made an examination of such dog or other animal. If, upon such examination, it shall be determined that such dog or other animal is suffering from rabies, such animal shall be humanely dispatched by a licensed veterinarian or other person authorized by State law.
[Ord. 96-12, 4-15-1996]
The following words and phrases shall have the following meanings
respectively ascribed to them in this section:
A member of the feline family, either male or female.
A member of the canine family, either male or female.
Any dog or cat or any animal which has been domesticated
by man so as to live and breed in a tame condition; excluding, however,
those animals commonly kept in enclosures or cages, including, by
way of illustration and not limitation, rabbits, fish, ferrets, guinea
pigs, gerbils.
Any premises or portion thereof on which more than three
dogs, cats or otherwise household domestic animals over one year of
age are kept, or on which more than two such animals are maintained,
boarded, bred, or cared for, in return for remuneration or are kept
for purpose of sale.
Any person, custodian, firm, corporation, organization or
department owning, possessing, harboring or in any way keeping or
having the care or custody of a dog or cat or other household domestic
animal whether on a temporary or permanent basis.
A properly approved special use facility that houses abandoned
household domesticated animals and makes them available for adoption.
It can be operated for profit or not for profit, but must follow all
State and Federal anti-cruelty laws. Any such animals housed in the
shelter and placed for adoption must have current rabies shots.
[Ord. 96-12, 4-15-1996]
No person shall own or keep any household domesticated animal
within the Village without first having obtained a license therefor
in compliance with the provisions of this Code, except that a license
shall not be required for household domesticated animals under the
age of one year. It shall be unlawful to own, keep or harbor any dog
or cat of the age of four months or more unless such dog or cat has
been inoculated against rabies by a licensed veterinarian and exhibits
a current rabies inoculation certificate or tag.
[Ord. 96-12, 4-15-1996]
The licenses provided for hereunder shall be issued by the Village
Clerk for an annual period beginning January 1 and ending December
31 following the date of issue.
[Ord. 96-12, 4-15-1996]
(a)
For each license issued the Village Clerk shall collect from the
applicant (except as hereinafter provided with respect to a kennel
license), the sum of $5 for each household domesticated animal. Proof
of a current rabies inoculation certificate shall be required at the
time of the first application for the license for each dog or cat.
Thereafter, presentation of a current rabies inoculation certificate
shall be required for each annual license renewal for each dog or
cat. The application shall be filed with the Village Clerk and shall
provide the full name and residence of the applicant together with
the description of the household domesticated animal, by breed (if
known), sex and color.
[Ord. 96-12, 4-15-1996]
(a)
The Village Clerk shall issue a metal tag to the applicant upon receiving
the license application from the applicant. The tag shall have printed
or stamped plainly thereon: "License Village of Elmwood Park" stamped
also with the current year and a distinct different license number
for each household domesticated animal. A careful record of each number
and the accompanying license application shall be maintained by the
Village Clerk and available as a free record, particularly for identifying
lost, strayed or impounded household domesticated animals.
(b)
Upon satisfactory proof to the Village Clerk that a license tag has
been lost or worn or damaged beyond further use, or cannot be found,
the Village Clerk shall issue to the same applicant a new tag with
a new and different number and upon payment at the time of a fee of
$1 noting the transaction also on the office file for the number originally
issued.
[Ord. 96-12, 4-15-1996]
(a)
No person shall keep or maintain more than a total of three household
domesticated animals, excluding puppies or kittens under six months
of age, in one household. However, the prohibition in this subsection
shall not apply to a duly licensed kennel.
(b)
All animals kept within a kennel, shall be kept at all times in a
clean and sanitary condition and shall be reasonably restrained from
annoying the neighborhood or the general public by barking, yelping
or howling.
(c)
A kennel license shall obviate the necessity of procuring individual
licenses for the animals kept therein; provided, however, any such
animal permitted off the kennel's premises must be licensed. The kennel
license shall include the name and address of the owner of said kennel,
the location of the kennel and the number of dogs to be kept in the
kennel. The kennel license is nontransferable. Each kennel license
shall be posted conspicuously upon the premises where the kennel is
located.
[Ord. 96-12, 4-15-1996]
No household domesticated animal shall be allowed upon the streets
of the Village or in public places, or upon property other than that
of its owner, unless kept on a suitable dependable leash, not longer
than eight feet in length. No household domesticated animal, whether
on a leash or not, shall be permitted within any store where foodstuffs
are sold. The provisions of this section shall not apply to guide
dogs that are properly harnessed.
[Ord. 96-12, 4-15-1996]
Any animal declared a nuisance by virtue of its noise, or excrement
must be confined to the owner's property or it shall be impounded.
[Ord. 96-12, 4-15-1996]
Unless otherwise permitted, no person shall bring, drive, lead,
carry or permit any household domesticated animal, either leashed
or unleashed, muzzled or unmuzzled, within or upon any public school
properties within the Village. The provisions of this section shall
not apply to guide dogs properly harnessed.
[Ord. 96-12, 4-15-1996]
(a)
Every household domesticated animal, whether on or off the owner's
premises, shall at all times wear a substantial, durable collar or
harness, to which shall be attached securely as heretofore mentioned,
the required license tag; further, the tag shall not be used on the
collar of any other household domesticated animal other than the one
for which it is issued; and no person shall remove the collar or tag
or both from any household domesticated animal without the consent
of the person to whom the license is issued.
[Ord. 96-12, 4-15-1996]
(a)
The Village shall maintain or designate a public pound, or designate
a licensed veterinary hospital to be used as such, properly located,
maintained in a sanitary condition, managed humanely, and known as
the Dog and Cat Pound.
[Ord. 96-12, 4-15-1996]
(a)
Any household domesticated animal running at large or any household
domesticated animal adjudged a nuisance by its behavior shall be seized
promptly by any police officer or agent of the Village and impounded
in the designated pound. The Police Department or other authorized
person shall make reasonable attempts to promptly notify the owner,
owners or persons in charge of an impounded household domesticated
animal.
(b)
Any household or domesticated animal impounded under the provisions
of this section, with the exception of a vicious animal, may be redeemed
by the owner or any person authorized by the owner within 10 days
from the date of impoundment upon payment of the following sums:
(1)
A redemption fee of $30 plus impoundment fees for the first offense;
a redemption fee of $60 plus impoundment fees for a second offense
and each subsequent offense thereafter; and
(2)
The amount of the license fee for the current license year if the
household domesticated animal has not been licensed for the current
year; and further provided, that if the animal is a cat that has not
been licensed, it must be spayed or neutered if not already so altered.
[Ord. 96-12, 4-15-1996]
(a)
If any household domesticated animal remains unclaimed or not redeemed
after 10 days after all reasonable attempts to notify the owner or
owners, then the animal shall be placed in a shelter and made available
to the public for adoption or humanely dispatched.
[Ord. 96-12, 4-15-1996]
No dog or cat coming into the possession or custody of the pound
shall be released to its owner unless the dog or cat shall have a
current rabies inoculation, as evidenced by a certificate of inoculation
against rabies, issued by the County Rabies Inspector, or by his deputy
or by a licensed veterinarian.
[Ord. 96-12, 4-15-1996]
When upon written certification of the designated Village official
or agent of the Village to the effect that it is reasonably believed
that a certain dog, cat or other animal is rabid, or exhibits the
clinical signs of rabies or has been bitten within the previous 15
days by a dog, cat or other animal, whether or not the biting animal
is rabid or suspected of being rabid, a copy of such certification
shall be given to the owner of the dog, cat or other animal, if known.
At the same time and thereupon, that animal mentioned and described
fully in the certification shall be seized on or off the owner's premises
without the necessity of a warrant or court order, and impounded and
kept impounded for a period of not exceeding 10 days, and if upon
the expiration of said period the dog, cat or other animal shall be
living, or does not exhibit the clinical signs of rabies, then it
shall be returned to its owner, if known. However the suspected dog,
cat or other animal at the owner's request and at the owner's expense
may be impounded for the ten-day period with a registered veterinarian;
said dog, cat or other animal not to be released by the registered
veterinarian until the veterinarian shall certify that the dog, cat
or other animal does not have rabies.
[Ord. 96-12, 4-15-1996]
No person shall keep or allow any animal in that person's control
to bark, meow or make other noise that disturbs the peace and quiet
of any family, individual or neighborhood.
[Ord. 96-12, 4-15-1996]
(a)
If the Chief of Police, or his designee, has cause to believe that an animal is a "vicious animal," as defined under Section 5-2 of this Chapter, and that immediate impoundment or enclosure is necessary for the protection of the public health or safety, the Chief of Police or his designee may, after conducting an investigation and making a finding in writing that the animal is a vicious animal, find and declare such animal a vicious animal and immediately order the animal impounded or order that the animal be at all times kept in an enclosure until final determination of the issue. However, the animal may be removed from the enclosure if it is necessary for the owner or person in charge of the animal to obtain veterinary care, or to comply with an order of a court of competent jurisdiction, provided that the animal is securely muzzled and restrained with an adequate chain not exceeding three feet in length and further provided that such animal shall be under the direct control of the owner or person in charge. After declaring such animal to be a vicious animal, the Chief of Police or his designee shall provide written notice to the owner, keeper or person in charge of the vicious animal as provided hereinafter.
(b)
The owner, keeper or person in charge of the vicious animal, shall
be notified of the finding by personal service, certified mail or
by citation to the last known address of the owner, keeper or person
in charge, within five working days of the animal's impoundment or
requirement to be kept in an enclosure.
(c)
The notice of impoundment or enclosure shall inform the owner, keeper
or person in charge of the animal that he/she may request, in writing,
a hearing to contest the action within five working days of the mailing
of the notice. However, if notice of impoundment or enclosure is given
along with a citation, a court date shall be assigned as indicated
on the citation and a court of competent jurisdiction shall make all
findings and final disposition of such animal.
(d)
In the event no citation is issued, upon written request by the owner, keeper or person in charge of the animal, such request having been made within five working days of the mailing or receipt of the notice provided pursuant to Subsection (b) of this section, a hearing pursuant to Subsection (c) of this section, shall be conducted. Such hearing shall commence within 10 working days of the request for a hearing, notice of which hearing shall be mailed by certified mail to the party requesting the hearing.
(e)
In the event a final determination is made at the hearing that the animal in question is in fact a vicious animal or if a court of competent jurisdiction declares the animal to be a vicious animal or in the event the owner, keeper or person in charge of the animal in question fails to request a hearing pursuant to Subsection (c) of this section, then the animal in question shall be humanely dispatched or permanently removed from the Village.
(f)
A court of competent jurisdiction is hereby empowered to enter a
decree or order that such vicious animal be humanely dispatched or
permanently removed from the Village.
[Ord. 96-12, 4-15-1996]
Notice of the provisions of this chapter shall be given to household
domesticated animal owners at the time of license application.
Failure to provide a copy of the relevant provisions of this
chapter shall not be a defense to a violation of any of its provisions.
[Ord. 96-12, 4-15-1996]
In the event that any animal, without provocation, attacks or
injures any person who is peaceably conducting himself/herself in
any place in the Village where that person may lawfully be, then the
owner of such animal is liable in damages to such injured person for
the full amount of the injury sustained.
[Ord. 2002-24, 2-4-2002, § 2]
As a condition of the release from any animal shelter and the return to its owner of any impounded household domesticated animal, the owner thereof shall be required to pay the costs of vaccinating and sheltering said animal, such payment to be made to the dog and cat pound, as further described in Section 5-17 of this article, which incurred such expenses on behalf of such animal. Such costs shall be treated as impoundment fees, as provided in Section 5-18 of this article. Such dog and cat pound shall be authorized to refuse to return such impounded animal to the owner thereof until such impoundment fees have been paid.
