Ordinance 2003-14 r
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2003-14
AN ORDINANCE AMENDING TITLE 5, CHAPTER 2
OF THE POLICE REGULATIONS
ORDINANCE OF THE UNITED CITY OF YORKVILLE
WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE have
considered modification and amendment to Title 5,Chapter 2 of the City Code providing for canine
control within the limits of the UNITED CITY OF YORKVILLE; and
WHEREAS,hearings have been held before the City Council and Public Safety Committee,
due consideration given by the City Council sitting as a Committee of the Whole, and by the City
Council and Staff of the City regulating canine control within City limits;
WHEREAS,all of said advisory bodies consider it to be necessary and in the best interests of
the City to amend the existing Police Regulations Ordinance of the UNITED CITY OF
YORKVILLE:
NOW THEREFORE be it Ordained by the UNITED CITY OF YORKVILLE that Title 5,
Chapter 2 of the City Code is Amended as follows:
5-2-1: DEFINITIONS: As used in this Chapter,the following words and terms shall have
the meanings ascribed to them in this section:
Dog: All members of the canine family.
At Large: Any dog or other animal shall be deemed to be at large when it
1
is off the property of its owner and not under the control of a responsible person, or on the
property o f h is o wner and n either u rider t he c ontrol o f a responsible person nor under
restraint.
Fierce Dog: Any dog that has bitten one or more persons shall be classified as a
fierce dog.
Inoculation Against Rabies:The injection, subcutaneously or otherwise, as
approved by the Department of Agriculture of the State of Illinois, of canine anti-rabic
vaccine approved by the Illinois Department of Agriculture.
Other Animal: Refers to domestic animals commonly kept as pets other
than dogs and other than the animals set forth in Chapter 5 of this Title. Includes without
limitation cats.
Owner: Owner or keeper of a dog or other animal means a person having a
right of property in a dog or other animal, or who keeps or harbors a dog or other animal,
or who has a dog in his or her care or who acts as its custodian, or who knowingly
permits a dog to remain on or about any premises occupied by him.
Restraint: A dog or other animal is under restraint if it is confined by a fence
of sufficient height and security(which may be an electronic invisible fence system)to
prevent it from leaving the area so encompassed, on a leash under the control of a
responsible person, or on a leash securely fastened to an inanimate object and of a length
which prevents it from leaving the property of its owner or keeper.
Stray Dog: A dog which does not have a sturdy collar with a license or
2
owner's identification tag affixed thereto.
5-2-2: ANIMAL CONTROL OFFICER: The Mayor, with the advice and consent of the
City Council, shall have the authority to appoint an Animal Control Officer and an
assistant Animal Control Officer whose duties shall be the enforcement of this Chapter.
5-2-3: RABIES INOCULATION: It shall be unlawful to permit any dog which is not
inoculated against rabies to be owned or maintained in the City.
5-2-4: COLLAR AND TAGS: It shall be unlawful to maintain a dog, regardless of
the age of the dog, without a collar or harness with a suitable tag bearing the inscription
of the name, address and phone number, if any, of the owner or keeper of the dog, within
the City.
5-2-5: RUNNING AT LARGE: It shall be unlawful to permit any dog to run at
large, with or without a tag fastened to its collar,with the corporate limits of the City.
Any dog found upon any public street, sidewalk, alley or any unenclosed place shall be
deemed running at large unless the dog is firmly held on a leash or is in an enclosed
vehicle.
5-2-6: DISTURBING THE PEACE; NUISANCE: Any dog or other animal within the
corporate limits of the City which shall be barking, biting,howling, whining or in any
other manner disturbing the quiet of or becoming a source of annoyance to any person or
persons whatsoever, can be hereby declared a nuisance, and upon complaint being made
to the City Animal Control Officer or his/her assistant or City Police Department, or upon
a citizen signing a written complaint with the Police Department, said Animal Control
Officer or fie City police shall tacrealttr notify tho owner or person having file
3
possession of such dog, or the owner or occupant of the premises on which such dog may
be kept, and the person so notified shall immediately upon receipt of such notice abate
such nuisance.
5-2-7: RESISTING OR INTERFERING WITH OFFICERS: It shall be unlawful for any
person to molest, resist, interfere with,hinder or prevent any police officer or Animal
Control Officer, or person in the discharge of the duties or powers conferred upon them
by this Chapter.
5-2-8: DOG WASTE: It shall be unlawful for any Owner to allow a dog to defecate on
private property, without permission of the property owner, any public street, sidewalk or
park without properly disposing of such waste in a trash receptacle.
5-2-9: FIERCE DOGS; NUISANCES:
A. Any fierce dog running at large in the streets or public places of the City or
upon private premises of any other person not the Owner, shall be taken up
and impounded in the manner provided by this Ordinance for the
impounding of dogs; provided,however, that if a fierce dog found at large
cannot be safely taken up and impounded, that dog may be slain by any
City Police Officer.
B. Any dog or other animal which may continually disturb the quiet of any
person's or neighborhood's property, or shall destroy or in any manner
injure any animal, plant, shrub, or other property not on the premises of its
owner or keeper, is declared to be a nuisance. Any dog or other animal
which is a imisance, and any fierce dog, shall be Laken up and impounded
4
and may be redeemed or disposed of in a manner provided for under this
Ordinance; except, any fierce dog which has bitten more than one person
shall be humanely destroyed.
5-2-10: IMPOUNDMENT AND REDEMPTION PROCEDURES:
A. IMPOUNDMENT: Any dog found upon any public street or highway
running at large shall be impounded by the Police Department and shall be
boarded at the place or places from time to time designated by the Animal
Control Officer or Police Deparmtment. If such dog shall not have been
redeemed within five(5)days after being impounded,it shall be disposed of
in the manner prescribed by Subsection E hereof.
B. NOTICE OF IMPOUNDMENT: Upon confinement and impoundment,the
Animal Control Officer or the Police Department shall notify the owner, if
known,by telephone or mail,of such impoundment,and shall cite the Owner
of the dog to answer charges of violation of this Ordinance.
C. ADOPTION AND REDEMPTION OF DOGS: FEES: If the owner of any
dog impounded hereinunder is unknown, such dog shall be boarded for a
period of five (5) days, and thereafter, if no claim has been made for such
dog, shall be disposed of in accordance with Subsection E;or released to any
person desiring to adopt said dog upon payment of a fee to be specified by the
Animal Control Officer, United City of Yorkville Police Department or the
Kendall County Animal Control Department; said fees to be paid during
lrorinal bLiSiiieSS hours at the Yorkville Police Department or the Kendall
5
County Animal Control Department.
D. UNCLAIMED ANIMALS: Efforts shall be made hereunder to find suitable
homes for any unclaimed animals or animals whose owners are unknown,
either directly by the Animal Control Officer or with the assistance of the
Animal Welfare League.
E. METHOD OF DESTRUCTION: Whenever it shall become necessary to
destroy any dog, the method of destruction shall accord with the latest
accepted practices by a licensed veterinarian or physician.
5-2-11: VIOLATIONS AND PENALTIES: Any person or owner who shall violate this
Chapter shall be considered the Offender hereunder:
A. No fine shall be imposed upon the first violation on any offender hereunder
within any twelve (12) month period so long as said offender pays the Ten
Dollars($10.00)pickup fee and the dailyboarding charge made in Subsection
5-2-10(C) herein during normal business hours at the Yorkville Police
Department.
B. In the event a subsequent offense occurs during a twelve (12)month period
by the same offender, said subsequent offense shall carry a fine of Twenty-
five Dollars($25.00),in addition to a pickup fee of Ten Dollars($10.00)and
the daily boarding charge.
C. In the event of a third offense within any twelve (12) month period by the
same offender, said offense shall carry a fine of Fifty Dollars ($50.00), in
addition to a pickup fee of Ten Dollars ($iO.00) and the daily boarding
6
charge.
D. In the event of a fourth offense and any succeeding number of violations
within any twelve(12)month period by the same offender, each said offense
shall carry a fine of One Hundred Dollars ($100.00), in addition to a pickup
fee of Ten Dollars ($10.00) and the daily boarding charge.
5-2-12: REPEALER: All ordinances or parts of ordinances conflicting with any of the
provisions of this ordinance shall be and the same are hereby repealed.
5-2-13: SEVERABILITY: If any section, subsection, sentence,clause,phrase or portion
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction,such portion shall be deemed a separate,distinct,and independent provision,and
such holding shall not affect the validity of the remaining portions hereof.
5-2-14: EFFECTIVE DATE: This ordinance shall be in effect from and after its passage,
approval and publication in pamphlet form as provided by law.
IN WITNESS WHEREOF,this Ordinance has been enacted this �day of
2003.
MIKE ANDERSON JOSEPH BESCO
VALERIE BURR PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
?AAPPPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this ✓( {"c of n,MO� , A.D.
7
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this day of , A.D. 20j-)'� .
Attest:
CITY LERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
8