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Ordinance 2009-08 i Ordinance No. 2009- ©� AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR THE REGULATION OF ANIMALS WHEREAS, the United City of Yorkville (the "City ") is a duly organized and validly existing non - home -rule municipality created in accordance with Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS, the Mayor and City Council deem it necessary to provide for the regulation of all domestic animals in order to promote the health, safety, and welfare of-the City's residents. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 5, Chapter 5 of the United City of Yorkville Code of Ordinances is hereby deleted it in its entirety. Section 2. Title 5, Chapter 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting it in its entirety and replacing it with the following: Chapter 2 ANIMALS 5 -2 -1: DEFINITIONS: As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: AGRICULTURAL ANIMAL: Livestock, poultry, and other farm animals. AT LARGE: Any animal 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, or on the property of his owner and neither under the control of a responsible person nor under restraint. DANGEROUS DOMESTIC ANIMAL: Any domestic animal when 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 a companion animal in a public place. DANGEROUS /EXOTIC ANIMAL: A lion, tiger, leopard, ocelot, cougar, jaguar, panther, cheetah, margay, mountain lion, lynx, bobcat, jaguarondi, bear, bison, hyena, wolf, coyote, jackal, wild dog, any poisonous or life- threatening reptile, monkey gorilla, chimpanzee, or other non -human primate, any rodent weighting more than one pound with the exception of guinea pigs, any noncanine animal not native to North America and which can attain a weight of two hundred (200) pounds, or any feline animal which can attain a weight in excess of forty (40) pounds. DOG: All members of the canine family. DOMESTIC ANIMAL: Dogs, cats, and any other types of animals or fowl normally maintained as a household pet or guardian. IMPOUND: To take into the custody of the City Police Department or Animal Control Officer. INOCULATION AGAINST RABIES: The injection, subcutaneously or otherwise, of antirabic vaccine as approved by the Department of Agriculture of the State of Illinois. OWNER: Any person who has a right of property in an animal, or who keeps or harbors an animal, or who has an animal in his/her care, or who acts as custodian of an animal, or who knowingly permits an animal to remain on or about any premises occupied by him /her. PERSON: Any individual, firm, association, partnership, corporation, or other legal entity, any public or private institution, or any municipal corporation or political subdivision of the City. RESPONSIBLE PERSON: A person at least 18 years old who is familiar with the animal and has the size and experience to be able to keep the animal under complete control at all times. i RESTRAINT: An 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 encompassed area, 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. SERIOUS INJURY: Any physical injury that results in broken bones, lacerations, wounds, or skin punctures that require medical treatment. VICIOUS DOMESTIC ANIMAL: Any domestic animal that, without justification, attacks a person and causes serious physical injury or death or any individual animal that has been found to be a "dangerous domestic animal" upon three (3) separate occasions. 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. Any reference to the Animal Control Officer in this Chapter shall also mean the Assistant Animal Control Officer. 5 -2 -3: DANGEROUS /EXOTIC ANIMALS: A. No person shall have a right of property in, keep, harbor, care for, act as custodian of or maintain in his possession any dangerous /exotic animal within the corporate limits of the City. 2 B. This Section shall not apply to a properly maintained zoological park, federally licensed exhibit, circus, scientific or educational institution, research laboratory, veterinary hospital, kennels, pounds, or animal refuge in an escape -proof enclosure. C. It is no defense to a violation of this Section that the violator has attempted to domesticate the dangerous /exotic animal. D. If there appears to be imminent danger to the public, any dangerous /exotic animal found not in compliance with the provisions of this Section shall be impounded and may immediately be placed in an approved facility. Approved facilities include, but are not limited to, a zoological park, federally licensed exhibit, humane society, veterinary hospital, or animal refuge. E. Upon the conviction of a person for a violation of this Section, the animal with regard to which the conviction was obtained shall be impounded and placed in an approved facility, with the owner thereof to be responsible for all costs connected with the seizure and confiscation of such animal. Approved facilities include, but are not limited to, a zoological park, federally licensed exhibit, humane society, veterinary hospital, or animal refuge. 5 -2 -4: DOMESTIC ANIMALS: A. Rabies Inoculation: Any domestic animal, which the Illinois Department of Agriculture requires to be inoculated against rabies, must be inoculated against rabies in order to be owned or maintained in the City (see 510 ILCS 5/8). B. Collar and Tags: Any dog within the corporate limits of the City shall wear a collar or harness with a suitable tag bearing the inscription of the name, address and phone number, if any, of the owner. C. Running at Large: No domestic animal shall be permitted to run at large, with or without a tag fastened to its collar, within the corporate limits of the City. Any domestic animal found upon any public street, sidewalk, alley or any unenclosed place shall be deemed running at large unless the domestic animal is firmly held on a leash or is in an enclosed vehicle. D. Dangerous Domestic Animals or Vicious Domestic Animals: 1. The City Police Department or Animal Control Officer is authorized to investigate any report of a dangerous or vicious domestic animal and make a determination, as to whether such animal is dangerous or vicious. Within five (5) days of such determination, a notice of ordinance violation must be issued to the owner in accordance with Title 1, Chapter 14 of the City Code. 2. Any domestic animal which exhibits any of the following behaviors shall be deemed dangerous: 3 I a. causing an injury to a person or animal that is less severe than a serious injury; b. without provocation, chasing or menacing a person or animal in an aggressive manner; c. running at large and impounded or owner receiving notices of ordinance violations two (2) or more times within any 12 -month period; d. acts in a highly aggressive manner within a fenced yard /enclosure and appears to a reasonable person able to jump over or escape; or, e. attempts to attack any person or animal if it is restrained by a leash, fence, or other means and it is clear that only the presence of the leash, fence, or other means of restraints is preventing the domestic animal from immediate attack. 3. No domestic animal shall be declared dangerous or vicious if: a. the animal was used by a law enforcement official for legitimate law enforcement purposes; b. the threat, injury, or damage was sustained by a person: i. who was committing, at the time, a willful trespass or other tort upon the premises lawfully occupied by the owner of the animal; ii. who was provoking, tormenting, abusing, or assaulting the animal or who can be shown or have repeatedly, in the past, provoked, tormented, abused, or assaulted the animal; or, iii. who was committing or attempting to commit a crime. c. the animal was: i. responding to pain or injury, or was protecting itself, its offspring; or, ii. protecting or defending a person within the immediate vicinity of the animal from an attack or assault. 4. If a domestic animal is deemed dangerous or vicious, the City Police Department or Animal Control Officer may require: a. special security or care requirements; b. impoundment until satisfied that the owner will maintain the dangerous or vicious domestic animal on the owner's property except for medical treatment or examination; post a clearly visible written warning that there is a dangerous or vicious domestic animal on the premises (visible from a distance of fifty feet (50'); or, c. order humane dispatch of the dangerous or vicious domestic animal, pursuant to the Humane Euthanasia in Animal Shelters Act (510 ILCS 4 72/1 et seq.), upon a finding that the owner has failed to abide by the established conditions of security. 5. In the event of impoundment of a dangerous or vicious domestic animal, the animal shall not be released until satisfaction of the following: a. the owner of the dangerous or vicious domestic animal proves that the owner is a responsible person; b. the dangerous or vicious domestic animal has a current rabies vaccination, where applicable; c. the owner has a proper enclosure to prevent the entry of any person or animal and the escape of said dangerous or vicious domestic animal; d. the dangerous or vicious domestic animal has been spayed or neutered; e. the dangerous or vicious domestic animal has been implanted with a microchip containing owner identification information. The microchip information must be registered with the animal control authority of the jurisdiction; and, i f. the dangerous or vicious domestic animal owner shall enter the animal in a socialization and /or behavior program approved by the City. 6. It shall be unlawful for an owner of a dangerous or vicious domestic animal to: a. permit the animal to be outside a proper enclosure unless under the control of a responsible person, muzzled, and restrained by a lead not exceeding four feet (4') in length; the muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any human being or animal; b. fail to maintain a dangerous or vicious domestic animal exclusively on the owner's property, except as required for medical for treatment or examination. When removed from the owner's property for medical treatment or examination, the dangerous or vicious domestic animal shall be caged or under the control of a responsible person, muzzled and restrained with a lead not exceeding four feet (4') in length, and having a tensile strength of at least 200 pounds. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any human being or animal; c. fail to notify the City Police Department 1) immediately upon escape if a dangerous or vicious domestic animal is on the loose, is unconfined, has attacked another domestic animal, has attacked a human being, 2) within two (2) business days if the animal has died, and 3) within twenty -four (24) hours if the animal has been sold or has been given away. If the dangerous or vicious domestic animal has been sold or given away, the 5 owner shall also provide the City Police Department with the name, address, and telephone number of the new owner of the dangerous or vicious domestic animal; d. fail to surrender a dangerous or vicious domestic animal for safe confinement pending a hearing when there is a reason to believe that the dangerous or vicious domestic animal poses an imminent threat to public safety; or, c. fail to comply with any special security or care requirements for a dangerous or vicious domestic animal determined by the City Police Department or Animal Control Officer. 7. Any dangerous or vicious domestic animal 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 impounded in the manner provided by this Chapter; provided, however, that if a dangerous or vicious domestic animal found at large cannot be safely impounded, that animal may be slain by any City Police Officer. E. Disturbing the Peace; Nuisance: 1. Any domestic animal within the corporate limits of the City which is continuously barking, howling, or whining, or making other distressing or loud or unusual noise on a consistent basis, or in any other manner disturbing the peace or quiet of any place, neighborhood, family, or person within the corporate limits of the City, may hereby be declared a nuisance. 2. Upon complaint being made to the Animal Control Officer or City Police Department, or upon a citizen of the City signing a written complaint with the City Police Department, said Animal Control Officer or the City Police Department shall thereafter notify the owner or person having possession of such domestic animal, or the owner or occupant of the premises on which such domestic animal may be kept, that a complaint has been made. The person so notified shall immediately upon receipt of such notice abate the nuisance. F. Animal Waste: It shall be unlawful for any owner to allow a domestic animal to defecate on private property, without permission of the property owner, or any public street, sidewalk or park without properly disposing of such waste in a trash receptacle. G. Impoundment and Redemption Procedures: 1. Impoundment: Any domestic animal found upon any public street or highway within the corporate limits of the City running at large shall be impounded and shall be boarded at any existing or available animal control facility. If such domestic animal shall not have been redeemed within five (5) days after being impounded, it shall be humanely dispatched in the manner prescribed in this Section. 6 2. Notice of Impoundment: Upon impoundment, the Animal Control Officer or the City Police Department shall notify the owner, if known, by telephone or mail, of such impoundment, and shall cite the owner of the domestic animal to answer charges of violation of this Chapter. 3. Registry. The City Police Department or Animal Control Officer shall immediately upon impounding any dangerous or vicious domestic animal make a complete registry thereof, entering the breed, color and sex of such animal and whether licensed, if known; and if licensed, shall enter the name and address of the owner or keeper and the number of the license tag, if known, and if bearing an inoculation tag the number of such tag shall be recorded. 4. Adoption and Redemption of Domestic Animals; Fees: If the owner of any domestic animal impounded hereunder is unknown, such domestic animal shall be boarded for a period of five (5) days, and thereafter, if no claim has been made for such domestic animal, shall be humanely dispatched in accordance with this Section; or released to any person desiring to adopt said domestic animal upon payment of a fee to be specified by the Animal Control Officer, City Police Department, or the Kendall County Animal Control Department; said fees to be paid during normal business hours at the City Police Department or the Kendall County Animal Control Department. 5. Unclaimed Domestic Animals: Efforts shall be made hereunder to find suitable homes for any unclaimed domestic animals or domestic animals whose owners are unknown, either directly by the Animal Control Officer or with the assistance of the animal welfare league. 6. Method of Humane Dispatch: Whenever it shall become necessary to humanely dispatch a domestic animal, the method of humane dispatch shall be pursuant to the Humane Euthanasia in Animal Shelters Act (510 ILCS 72/1 et seq.). 7. Fees. The owner shall pay all fees charged for the impoundment of any animal under the provisions of this Chapter. 8. Redemption of Domestic Animal Not Inoculated Against Rabies. Any impounded domestic animal which has not inoculated against rabies as required under this Chapter, shall not be released to its owner until the animal is properly inoculated. 9. Humane Dispatch When Rabies Suspected. In the event an authorized health officer determines that there is or exists the danger of rabies, any impounded animal so endangered may be destroyed after a period of twenty -four (24) hours of impoundment. 7 5 -2 -5: AGRICULTURAL ANIMALS: A. Agricultural animals are prohibited within the corporate limits of the City, unless they are confined within an enclosure on land zoned A -1 Agricultural Zoning District, in accordance with Title 10, Chapter 9 of the City Code. 5 -2 -6: RESISTING OR INTERFERING WITH OFFICERS: It shall be unlawful for any person to molest, resist, interfere with, hinder or prevent any City Police Officer or Animal Control Officer, or person in the discharge of the duties or powers conferred upon them by this Chapter. Section 3. All ordinances or parts of ordinances conflicting with any of the provisions of this Chapter shall be and the same are hereby repealed. Section 4. If any Section, subsection, sentence, clause, phrase or portion of this Chapter 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. Section 5. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS BOB ALLEN v Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this I� day of f ELP- LLA9 -y 2009. Valerie Burd, Mayor I ATTEST: =IT14lsch�ski, i City I I 8