Chapter 6.12 CARE AND CONTROL*

*Note to Chapter 6.12

6.12.010 Rabies vaccination.

6.12.020 License required.

6.12.030 Unauthorized removal of collars, tags, muzzles.

6.12.040 Animal care.

6.12.050 Female dogs or cats in heat.

6.12.060 Responsibility for the removal of excrement.

6.12.070 Unlawful to run at large.

6.12.080 Limitation on number of animals.

6.12.090 Prohibited animals.

6.12.095 Exceptions.

6.12.100 Diseased animals.

6.12.110 Animal bites.

6.12.120 Found to be potentially dangerous animals.

6.12.125 Rottweilers and Pit Bull Terriers.

6.12.130 Animals in public buildings and stores and on public property during festivals.

6.12.150 Miscellaneous offenses.

6.12.160 Nuisance.

6.12.170 Cruelty.

6.12.180 Birds, rabbits and squirrels.

*Note to Chapter 6.12

* Prior ordinance history: Ords. 75-27, 78-67, 83-40, 83-49 and 94-85.

6.12.010 Rabies vaccination.

It is the duty of all persons owning or keeping a dog or cat to have such animals vaccinated against rabies. The rabies vaccination shall be given in an amount sufficient to provide immunities from rabies for not to exceed three years and shall be administered by a licensed veterinarian. (Ord. 97-72 § 1 (part), 1997).

6.12.020 License required.

A. Any person owning or keeping within the Village limits any dog or cat, four months of age or over, shall obtain a license within ten days of acquiring such dog or cat, or becoming a resident of the Village.

Written application for such license shall be made to the Village on forms provided by the Village. A current proof of rabies inoculation for a dog or cat shall be required at the time of the application for license, which shall certify that the inoculation is valid. Upon payment of a license fee, the Village shall issue a tag for each dog or cat. In the event a tag is lost, replacement tags costing one dollar may be purchased from the Village. No tag shall be transferred from one animal to another. The license shall expire on April 30th of each calendar year. New licenses, but not a renewal of a license for the previous year, shall be issued after November 1st for a half-year fee.

B. It is unlawful for the owner of any animal required to be licensed to keep such animal within the Village unless it wears a collar with the animal license tag for the current license year attached at all times the animal is off the premises of the owner.

C. Nonresidents keeping dogs or cats within the Village for ten days or less shall be exempt from this section; provided, however, that such animals have a license from the jurisdiction of the owner, if required, and that all the other provisions of this Title are complied with.

D. The annual license fee shall be ten dollars for each dog or cat, except that the annual license fee for an animal found to be a potentially dangerous animal shall be fifty dollars, until reclassified. There shall be no license fee for dogs leading special needs persons, or dogs used as part of a law enforcement program. (Ord. 97-72 § 1 (part), 1997).

6.12.030 Unauthorized removal of collars, tags, muzzles.

It is unlawful for any person, other than a member of the Police Department, licensed veterinarian or owner, or any person operating under the direction of any of the forgoing, to remove the collar, license tag or muzzle from any dog or cat within the Village without the consent of the owner of such animal. (Ord. 97-72 § 1 (part), 1997).

6.12.040 Animal care.

Each owner shall provide for each animal:

A. Sufficient quantity of good and wholesome food and water;

B. Adequate shelter and protection from the weather;

C. Veterinary care when needed to prevent suffering; and

D. Humane care and treatment.

(Ord. 97-72 § 1 (part), 1997).

6.12.050 Female dogs or cats in heat.

Any person in control of a female dog or cat in heat shall confine such dog or cat in an enclosed area so as to preclude other dogs or cats from being attracted to or coming in contact with such female animal, except for planned breeding. (Ord. 97-72 § 1 (part), 1997).

6.12.060 Responsibility for the removal of excrement.

A. The owner of every animal shall be responsible for the removal and sanitary disposal of any excrement deposited by the animal anywhere in the Village. The excrement shall be removed according to the following:

1. Excrement deposited on any public property within the Village shall be removed immediately.

2. Excrement deposited on any private property shall be removed within seventy-two hours.

3. Excrement deposited on any private property without the consent of the property owner shall be removed immediately.

B. Animal excrement shall not be deposited in the storm sewer. (Ord. 97-72 § 1 (part), 1997).

6.12.070 Unlawful to run at large.

A. It is unlawful for an owner to permit a dog, except on a leash controlled by the owner or a responsible person, to use or be upon any public street, sidewalk, parkway, public area or unenclosed premises within the Village. No leash shall be longer than eight feet in length. Unsupervised tethering of dogs is discouraged. Tethers, if used, shall be of sufficient strength and material to constrain the animal. Retractable leashes, when used, shall not be extended over eight feet in length.

B. The owner of every animal shall be in control of the animal at all times.

C. It is unlawful for any dog to run at large in the Village.

D. It is unlawful for any dog, cat or other domestic animal to enter upon the property of another without the consent of the property owner. Members of the Police Department or an Animal Control Officer may impound any animal that is found in violation of this section. (Ord. 97-72 § 1 (part), 1997).

6.12.080 Limitation on number of animals.

A. No person shall keep more than one pigeon, or more than four (in the aggregate) of the following: rabbits, guinea pigs, gerbils, or fowl of any kind in the Village, except in pet shops.

B. No person shall keep or permit more than a total of four dogs and/or cats over the age of four months to be or remain in or about any detached single-family residence, rooming house, building or lot, or more than a total of two dogs and/or cats in any other type of residence within the Village except in pet shops.

C. The limitations of this section shall not apply to the following animals if kept as pets: caged birds (except for pigeons) and fish. (Ord. 97-72 § 1 (part), 1997).

6.12.090 Prohibited animals.

It is unlawful to keep any animal found to be a dangerous animal, protection dog, guard dog (except by special permit), pigs, swine, sheep, cattle, horses, goats, or similar animals, or any naturally wild animals, except birds or fish, within the Village. (Ord. 97-72 § 1 (part), 1997).

6.12.095 Exceptions.

A. Sections 6.12.080, 6.12.090 and 6.12.130 shall not apply to dogs owned by a law enforcement agency, zoological parks, performing animal exhibitions, educational institutions, veterinary hospitals or animal shelters.

B. With prior approval of the Village Manager, Section 6.12.070 shall not apply to dogs used to control Canada geese on public property owned by a municipality, park district or school district. (Ord. 2002-40 § 1, 2002: Ord. 97-72 § 1 (part), 1997).

6.12.100 Diseased animals.

No domestic animal afflicted with a contagious disease or an infectious disease shall be allowed to run at large or to be exposed in any public place where the health of other animals or a human being may be affected. (Ord. 97-72 § 1 (part), 1997).

6.12.110 Animal bites.

If an animal has bitten a person, the Police Department shall notify the owner of the animal of the steps that must be taken under the Rabies/Animal Control Ordinance of the county in which the bite took place, and of any other applicable statute. If the owner is not known, the police officer or animal control officer shall take such animal as soon as practicable to a licensed veterinarian or the proper animal shelter of the county in which the bite took place for observation and/or confinement as required by applicable county ordinances. (Ord. 97-72 § 1 (part), 1997).

6.12.120 Found to be potentially dangerous animals.

A. No owner shall permit any animal found to be a potentially dangerous animal to be allowed off the owner’s premises, except as follows:

1. When it is securely muzzled, on a six-foot nonretractable leash and within the control of a person eighteen years of age or older; or

2. When it is caged.

B. Animals found to be potentially dangerous, while on the premises of the owner, shall be:

1. Confined within the owner’s home; or

2. Muzzled, and so restrained so as to be unable to leave the owner’s premises; or

3. Confined within a “special enclosure” so that the animal cannot attack persons lawfully on the premises.

C. The premises shall have signage displayed, in a conspicuous manner, on any and all entrances to the property, as well as on the special enclosure, warning that a potentially dangerous animal is on the premises. The sign on the special enclosure shall be visible and legible from fifty feet away from the special enclosure.

D. The owner shall apply, at the owner’s expense, to the Village for a special Village potentially dangerous animal license and identification tag.

E. The Police Department, following retraining and reassessment of the animal, and upon petition of the owner, may remove this classification for any animal so classified. An owner shall only be allowed to file such petition for reclassification once within a calendar year. (Ord. 97-72 § 1 (part), 1997).

6.12.125 Rottweilers and Pit Bull Terriers.

Owners of Rottweilers and Pit Bull Terriers shall comply with the following requirements:

A. No owner shall permit a Rottweiler, or a Pit Bull Terrier, off of the owner’s premises unless it is on a nonretractable leash no longer than six feet in length.

B. No owner shall permit a Rottweiler, or a Pit Bull Terrier, off of the owner’s premises except when it is in the care and control of the owner, or a family member, sixteen years of age or older.

C. The owner of a Rottweiler, or a Pit Bull Terrier:

1. Within one year of obtaining a Village license thereon, shall be required to install a “special enclosure,” or enclose the yard with a fence, and to keep the animal within the “special enclosure,” or fence, at all times the animal is not within the owner’s residence; or

2. Shall keep the animal on a nonretractable leash no longer than six feet in length and in the care and control of the owner, or a family member, sixteen years of age or older, at all times the animal is not within the owner’s residence.

D. A fenced yard shall meet the following requirements:

1. The fence shall be a minimum of five feet in height, and

2. All gates shall be equipped with self-closing and self-latching mechanisms designed to securely close and lock the gate.

E. The owner of a Rottweiler, or a Pit Bull Terrier shall display Village-approved signage on all entrances to the property. Such sign shall state “Beware of Dog” and shall be displayed in a conspicuous manner. (Ord. 97-72 § 2, 1997).

6.12.130 Animals in public buildings and stores and on public property during festivals.

It is unlawful for any dog, even though on a leash, to be in or enter any public building, food establishment, or any retail or wholesale establishment, except a retail store for the sale of animals, anywhere within the Village during the time that any of said places are open for use by the public. It is unlawful for any dog, even though on a leash, to be in or on any public property during festivals, or special events. This section shall not apply to dogs leading special needs persons or dogs used as part of a law enforcement program. (Ord. 97-72 § 1 (part), 1997).

6.12.150 Miscellaneous offenses.

No owner shall permit or suffer his or her animal to:

A. Molest persons or vehicles by chasing or barking or biting;

B. Attack other animals;

C. Damage property other than that of the owner;

D. Bark, whine or howl excessively;

E. Create noxious or offensive odors.

(Ord. 97-72 § 1 (part), 1997).

6.12.160 Nuisance.

Any animal that repeatedly violates the provisions of this Title constitutes a nuisance.

(Ord. 97-72 § 1 (part), 1997).

6.12.170 Cruelty.

A. No person or owner may abandon, cruelly beat, torment, overload, overwork, or otherwise abuse animals in a manner to cause unnecessary suffering.

B. No person shall sell, offer for sale, or give away as a pet any rabbit or fowl which has been dyed, colored, or otherwise treated to impart an artificial color thereto. Baby chicks, ducklings, goslings or turtles shall not be sold, offered for sale, bartered or given away as pets or novelties.

C. No person shall give away animals other than fish as a prize, or as an inducement to enter any competition or contest or a place of amusement; or offer such as an incentive to any business agreement for the purpose of attracting trade.

D. No person shall expose any known poisonous substance, whether mixed with food or not, so that the same is liable to be eaten by any animal; provided that it is not unlawful for a person to expose on his or her own property common rat poison. (Ord. 97-72 § 1 (part), 1997).

6.12.180 Birds, rabbits and squirrels.

It is unlawful for any person to kill or wound, or attempt to kill or wound any squirrel or rabbit or bird, or for any person to take the eggs or young of any bird within the limits of the Village. (Ord. 97-72 § 1 (part), 1997).