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Ordinance 1993-30 ORDINANCE NO.: 1993 - 3 DANGEROUS ANIMAL ORDINANCE, AMENDING "AN ORDINANCE CONCERNING DOGS" PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 20, 1983 BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS: WHEREAS, the Mayor and the City Council upon recommendation and request of the various members of the community, and consideration by the City Police Department, deem it to be in the best interest, and for the public safety to amend City Dog Ordinance, to apply to all animals and to include various additional provisions. NOW THEREFORE, the Mayor and City Council of the United City of the Village of Yorkville, upon Motion duly made, seconded and approved, hereby amend "An Ordinance Concerning Dogs" numbered 1983-16 to include the following provisions: I IN GENERAL A) The provisions of this Ordinance shall be read in conformity with "An Ordinance Concerning Dogs" so as not to conflict. If such a conflict is unavoidable this Ordinance shall control and supersede the previous Ordinance only as to the conflicting provisions. B) "DOG" includes all animals regardless of sex, of the canine species. C) "DOMESTIC ANIMAL" includes dogs, cats, and any other type of animal or fowl normally maintained as a household pet or guardian, and any other animal or fowl of any type maintained as a household pet or guardian. -1- II DISPOSITION OF ANIMALS DECLARED TO BE PUBLIC NUISANCES A) If after investigation, the animal control coordinator or other similar animal control officer, determines that the continued keeping of any animal constitutes a public nuisance, he or the approved person shall immediately commence proceedings in the Circuit Court seeking abatement of the nuisance. The Court shall order the destruction of the animal unless it finds the owner of the animal has taken or will take adequate measures which will prevent any future occurrences resulting in the animal constituting a public nuisance. B) The Court may also upon application of the animal control coordinator, order the impoundment of the animal, pending a final determination as to the disposition of the animal, if the Court finds that: i) There is probable cause that the animal constitutes a public nuisance. ii) Failure to impound the animal pending final determination as to disposition of the animal will result in a continued public nuisance of such severity as to constitute an unreasonable danger to public welfare. C) All costs of impoundment shall be born by the Owner of the animal unless the Court finds that the animal was not a public nuisance at the time of impoundment in which case the City will pay for the impoundment. -2- III EXOTIC AND DANGEROUS ANIMALS A) No person shall own, keep, or harbor within the City: i) Any snake, reptile, or lizard that is physically capable of injuring any person, regardless of age, by bite, poison, constriction or other means. ii) Any lion, tiger, cougar, jaguar, panther, bobcat, mountain lion, lynx, ocelot leopard or any other feline animal which can attain a weight in excess of 40 pounds; iii) Any wolf, coyote, jackal, or wild dog; iv) Any bear or bison; v) Any rodent weighing more than one pound with the exception of guinea pigs; vi) Any noncanine animal not native to North America and which can attain a weight of 200 pounds. vii) Any monkey, gorilla, chimpanzee or other primate. B) Any animal covered by the above subsection (A) is declared a public nuisance and can be abated by Section II. C) This section shall not apply to licensed zoos, animal shelters, kennels, pounds, pet stores or scientific laboratories. D) A "Dangerous Animal" shall be defined as set out in The "Illinois Dangerous Animal Act" 720 ILCS 585/.01 et. seq.. -3- IV DOMESTIC ANIMALS AT LARGE A) No person who owns, keeps or harbors a domestic animal shall cause or permit such animal to run at large within the City. All domestic animals within the City shall be kept confined within an enclosure, or supervised on private property by an individual, or kept on a chain or leash not to exceed 6 feet in such a manner as to prevent the biting of any person or animal. B) The only exception to the above subsection (A) is domestic animals kept upon land zoned A-1 Agricultural District within the City. V DANGEROUS ANIMALS A) A dangerous animal is defined as an animal that at any time has attacked or injured any human being, as set out in "The Dangerous Animal Act" 720 ILCS 585/.01 et. seq.. B) No person shall own, keep, or harbor a dangerous animal within the City unless the person shall keep such an animal safely and securely confined so as to protect from injury any person who shall lawfully come upon the premises or be in the vicinity where such an animal may be located. Adequate warning by signs or otherwise shall be given to persons coming lawfully upon the premises or being in the vicinity of such a dangerous animal. C) Any dangerous animal which attacks or injures any person within one year after a previous attack or injury is a public nuisance which may be abated in accordance with this chapter; -4- D) Any animal that without provocation attacks or injures any person who is peacefully conducting himself in any place where he may lawfully be is a public nuisance which may be abated in accordance with this chapter. VI ANIMALS DISTURBING THE PEACE It shall be unlawful for the owner or person in charge or control of any animal, or for any person who has the authority or power to prevent the same to suffer or permit any such animal to continuouslly bark, howl, cry, or make other distressing or loud or unusual noise on a consistent basis or to disturb the peace or quiet of any place or neighborhood, family, or person, in the City for any lengthy duration. The disturbing of the peace or quiet of any such place or neighborhood and family, or person in the City by any such animal is a public nuisance, and it shall be unlawful for any person to suffer or to permit any such nuisance to exist. This provision shall not apply to properly zoned and constructed kennels, animal hospitals and pounds. VII FINES Violation of this ordinance shall result in a ten dollar fine on the first offense, twenty five dollars on the second offense, and fifty dollars on a third or subsequent offense. -5- IN WITNESS WHEREOF, this Ordinance has been enacted this `i day of a�-C kv'-. 1993. PASSED AND APPROVED THIS day of 1993. 1 ATTEST: kENATH E, JR. MAYOR �V I - C CLERK -6-