G-589 - 05/13/1997 - VILLAGE CODE - Ordinances ORDINANCE 97-PD-OF-G-589
AN ORDINANCE AMENDING ARTICLE IV, ANIMAL CONTROL,
OF CHAPTER 9, "OFFENSES AND MISCELLANEOUS PROVISIONS"
OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS
WHEREAS, the Village Manager and staff have recommended a comprehensive
amendment to Article IV entitled, "Animal Control" of Chapter 9 entitled,
"Offenses and Miscellaneous Provisions" of the Code of Ordinances of the
Village of Oak Brook; and
WHEREAS, the Village President and Board of Trustees have reviewed these
amendments and have approved the changes recommended by the Village Manager
and staff and deem that these further revisions are in the best interest and
in furtherance of the general welfare of the citizens of the Village of Oak
Brook.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are
hereby adopted as though fully set forth herein.
Section 2: That Article IV of Chapter 9 entitled, "Offenses and
Miscellaneous Provisions" of the Code of Ordinances of the Village of Oak
Brook is amended to read as follows:
"CHAPTER 9
ARTICLE IV. ANIMAL CONTROL
Sec. 9-61. Definitions.
For the purposes of this Article IV, the terms herein are defined as follows:
Animal: Any animal, other than man, which may be affected by rabies.
Approved pound: Any facility for the purpose of impounding or harboring
seized, stray, homeless, abandoned or unwanted animals or any veterinary
hospital or clinic authorized by the village.
At large: Being off the premises of the owner and not under control by leash
or other physical restraints.
Cat: Any member of the domestic felis catus species.
Dangerous animal: Any lion, tiger, leopard, ocelot, jaguar, cheetah, margay,
mountain lion, lynx, bobcat, jaguarundi, bear, hyena, wolf or coyote, or any
poisonous or life-threatening reptile or any other mammal (with the exception
of dogs) , amphibian, reptile or fowl which is of a species which, due to size,
Ordinance 97-PD-OF-G-589
Amending Article IV of Chapter
9, Animal Control, Page 2
vicious nature or other characteristics would constitute a danger to human
life, physical well-being or property.
Dangerous dog: , Any individual dog which, when either unmuzzled, unleashed, or
unattended by its owner, or a member of its owner' s family, approaches any
person in a ferocious or terrorizing manner, and in an apparent attitude of
attack.
Dog: Any member of the domestic canine species.
Enclosure: A fence or structure of at least six feet in height, forming or
causing an enclosure suitable to prevent the entry of young children, and
suitable to confine a vicious dog in conjunction with other measures which may
be taken by the owner or keeper, such as tethering of a vicious dog. Such
enclosure shall be securely enclosed and locked and designed with secure
sides, top and bottom and shall be designed to prevent the animal from
escaping from the enclosure.
Impounded: Taken into the custody of a public pound.
Leash: A cord, rope, strap or chain which shall be securely fastened to the
collar or harness of a dog or other animal and shall be of sufficient strength
to keep such animal under control.
Owner: Any person having a right of property in an animal or who keeps or
harbors an animal or who has in his/her care or acts as its custodian or who
knowingly permits a domestic animal to remain on or about any premises
occupied by him/her.
Person: Any individual, firm, association, partnership, corporation, or other
legal entity.
Vicious dog.
(1) Any individual dog that when unprovoked inflicts bites or attacks a
human being or other animal either on public or private property; or
(2) Any individual dog 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; or
(3) Any individual dog which attacks a human being or domestic animal
without provocation; or
(4) Any individual dog which has been found to be a 'dangerous dog" upon
three separate occasions.
(5) No dog shall be deemed 'vicious" if it bites, attacks, or menaces a
trespasser on the property of its owner or harms or menaces anyone who
has tormented or abused it or is a professionally trained dog for law
enforcement or guard duties.
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Amending Article IV of Chapter
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Sec. 9-62. Cruelty to animals.
It shall be unlawful for any person to inhumanely or cruelly beat, injure or
otherwise abuse any animal.
(a) Cruel treatment. No person or owner may beat, cruelly treat, torment,
starve, overwork or otherwise abuse any animal. No owner may abandon
any animal where it may become a public charge or may suffer injury,
hunger or exposure.
(b) Confinement of animals in motor vehicles. No owner or person shall
confine any animal in a motor vehicle in such a manner that places it in
a life or health-threatening situation by exposure to a prolonged period
of extreme heat or cold, without proper ventilation or other protection
from such heat or cold. In order to protect the health and safety of an
animal, a law enforcement officer/community service officer who has
probable cause to believe that this Section is being violated shall have
authority to enter such motor vehicle by any reasonable means under the
circumstances after making a reasonable effort to locate the owner or
person in apparent control of the vehicle.
(c) Teasing, striking or tampering with police dogs prohibited. It
shall be unlawful for any person to willfully and maliciously
taunt, torment, tease, beat, strike, or administer or subject any
desensitizing drugs, chemical or substance to any dog used by a
law enforcement officer in the performance of his or her functions
or duties, or when placed in a kennel off duty, or to interfere or
meddle with any such dog used by a law enforcement department or
agency or any handler thereof in the performance of the functions
or duties of said department or agency.
(d) Injury or killing police dogs prohibited. It shall be unlawful for any
person to willfully or maliciously torture, mutilate, injure, disable,
poison or kill any dog used by a law enforcement department or agency in
the performance of the functions or duties of such department or when
placed in a kennel off duty. However, a police officer or veterinarian
may perform euthanasia in emergency situations when delay would cause
the dog undue suffering and pain.
Sec. 9-63. Running at Large - Prohibited.
It shall be unlawful:
(1) For any dog or cat not on a leash and under the control of its owner to
go upon the lawn or other private property of anyone but the owner of
the dog or cat, without the express or implied permission of the owner
of said property or of the person in lawful possession thereof;
(2) For any dog or cat to run at large. For the purposes of this paragraph,
any dog or cat not upon the premises of its owner or such other person
having custody, possession or control over any such dog or cat which is
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Ordinance 97-PD-OF-G-589
Amending Article IV of Chapter
9, Animal control, Page 4
not on a leash and under the control of a person physically able to
control it shall be deemed to be running at large. Any person owning,
having custody, possession or control over any dog or cat which violates
any provisions of this Section shall be guilty of an unlawful act.
(3) To bring or cause to be brought any dog or cat into any shop, store or
retail place of business wherein the public is invited to do business
during such hours as the public is so invited or to bring or cause to be
brought into any public building at any time any dog or cat, unless said
dog or cat is under a person's control and is brought for the purpose of
conducting business wherein the physical presence of the dog or cat is
required.
Sec. 9-64. Disturbance of peace by animals.
Disturbing the peace. No owner shall keep, harbor, own or otherwise maintain
any animal in the village which disturbs the peace or quiet of any
neighborhood by habitual or regular barking, howling, whining, meowing or
other noisemaking or any female animal in heat which causes other animals to
disturb the peace or quiet of any neighborhood by barking, howling or whining.
Sec. 9-65. Dead animals - Burying in Village prohibited.
No person shall bury any dead animal at any place in the Village. Every
person violating the provisions of this section shall be deemed guilty of a
nuisance.
Sec. 9-66. Killing or wounding of birds prohibited;
No person shall kill or wound, or attempt to kill or wound, any bird within
the Village, or enter upon any private enclosure or public grounds belonging
to the Village for the purpose of killing or wounding or attempting to kill or
wound any bird.
Sec. 9-67. Disposal of dog excrement.
The owner of any dog or cat shall not permit such animal to defecate on any
property other than that of the owner of the animal unless such owner causes
the excrement to be removed immediately and disposed of in a sanitary manner.
Sec. 9-68. Rabies vaccination - Required.
Every owner of a dog four (4) months or more of age within the corporate
limits of the Village shall cause such dog or cat to be inoculated against
rabies by a licensed veterinarian at such intervals as may hereafter be
established by regulations pursuant to the Animal Control Act, 510 ILCS 5/1
and following. The owner of any such inoculated dog or cat shall cause a
rabies inoculation tag to be affixed to the collar or harness of such dog or
cat.
Sec. 9-69. Same - Within thirty days of acquisition of dog or cat.
Ordinance 97-PD-OF-G-589
Amending Article IV of Chapter
9, Animal Control, Page 5
Any dog or cat acquired by a resident of the Village shall be vaccinated for
rabies by a licensed veterinarian within thirty days after such acquisition,
except as provided in Section 9-68.
Sec. 9-70. Same - Intervals.
The owner or keeper of any dog or cat within the Village which is subject to
vaccination in accordance with the provisions of Section 9-68 herein shall
have such dog or cat vaccinated against rabies at such intervals and with such
vaccine as may be determined by a licensed veterinarian to be effective in
order to maintain protection against rabies.
Sec. 9-71. Signs of Rabies.
Any animal exhibiting signs of rabies or coming into contact with animals
exhibiting signs of rabies shall be taken up by the police department or other
village personnel and placed and impounded in an approved pound.
Sec. 9-72. Impoundment procedures.
(a) The village shall keep a record of the breed, color and sex of the
animal and name and address of the owners, if known, and subsequent
disposition of the animal coming into its custody.
(b) If the owner of the animal is known, the village shall notify the owner
of the impoundment and the procedure whereby the animal may be redeemed.
The village shall also inform the pound wherein the animal is impounded
of the date that such notification has been given to the animal's owner.
(c) If the identity of the owner becomes known while the animal is
impounded, the village shall at the time give the notification in
accordance with subsection (b) above.
Sec. 9-73. Redemption.
In the event that the owner of any impounded animal desires to make redemption
thereof, the owner shall do so on the following conditions:
(a) The owner must present proof of valid rabies inoculation.
(b) The owner shall pay to the village a ten dollar ($10.00) impounding fee,
which shall be in addition to any fine or other penalty provided under
this section and in addition to any costs of the pound.
(c) The owner shall pay to the pound any daily kennel costs and the cost of
any veterinary services provided.
Sec. 9-74. Disposal of unredeemed animals.
When an animal is not redeemed by the owner as provided in Section 9-73, the
be disposed of in a humane
animal shall become the property of the pound to
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Ordinance 97-PD-OF-G-589
Amending Article Iv of Chapter
9, Animal Control, Page 6
manner or made available for adoption according to procedures established by
said pound provided:
(a) In any case where the identity of the owner is known or becomes known,
the animal may not be disposed of unless the animal is unredeemed by the
owner within seven (7) days after notice of impoundment is given.
(b) In any case where the identity of the owner is not known, the animal may
be disposed of only if the owner fails to redeem it within five (5) days
of the date of impoundment.
Sec. 9-75. Impounding provisions not to stop prosecution of owners.
Nothing contained in this shall operate as an estoppel of the prosecution of
the owner of an animal found running at large for the violation of any
provision of this chapter.
Sec. 9-76. Dangerous animals prohibited.
No person shall have a right of property in, keep, harbor, care for, act as
custodian of or maintain in his/her possession any dangerous animal except at
a properly maintained zoological park, federally licensed exhibit, circus,
scientific or educational institution, research laboratory, veterinary
hospital or animal refuge in an escape-proof enclosure.
Sec. 9-77. Domestication no defense; seizure and confiscation.
It is no defense to a violation of Section 9-76 that the person violating such
section has attempted to domesticate the dangerous animal. If there appears
to be imminent danger to the public, any dangerous animal found not in
compliance with the provisions of this ordinance may be subject to seizure and
may immediately be placed in an approved facility. Upon the conviction of a
person for a violation of Section 9-76, the animal with regard to which the
conviction was obtained, may be seized and placed in an approved facility.
The owner shall 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, the DuPage County Animal
Control facility, humane society, veterinary hospital or animal refuge.
Sec. 9-78. Keeping or maintaining vicious dogs.
It shall be unlawful for any person to keep or maintain any vicious dog,
unless such dog is at all times kept in an enclosure sufficient to restrain
the animal from leaving the enclosure. The only times that a vicious dog may
be allowed out of the enclosure are (1) if it is necessary for the owner or
keeper to obtain veterinary care for the vicious dog or (2) to comply with the
order of a court of competent jurisdiction, provided that said vicious dog is
securely muzzled and restrained with a chain having a tensile strength of
three hundred pounds and not exceeding three feet in length, and shall be
under the direct control and supervision of the owner or keeper of the vicious
dog.
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Amending Article IV of Chapter
9, Animal Control, Page 7
Sec. 9-79. Sale or giving away of vicious dogs.
No owner or keeper of a vicious dog shall sell or give away any vicious dog.
Sec. 9-80. Exceptions.
Guide dogs for the blind or hearing impaired, support dogs for the physically
handicapped, and sentry, guard, or police-owned dogs are exempt from this
article, provided that any attack or injury to a person occurs while the dog
is performing duties as expected. To qualify for exemption under this section
each such dog shall be currently inoculated against rabies.
Sec. 9-81. Penalties.
Any person convicted of a violation of any provision of this Article IV shall
be subject to a fine of not less than $50 nor more than $300 for each such
violation; provided, however, that any person convicted of a violation of any
provision of this article more than once during a period of twelve (12)
consecutive months shall be subject to a fine of not less than $100 for the
second such offense and not less than $150 for the third such offense and each
subsequent offense during such twelve-month period.
Sec. 9-82. Prosecution of owners.
Nothing contained in this article shall operate as an estoppel of the
prosecution of the owner of an animal, for the violation of any provision of
this chapter."
Section 3: That this ordinance shall be in full force and effect from
and after its passage, approval and publication as required by law.
Section 4: That the Village Clerk is hereby authorized and directed to
publish this ordinance in pamphlet form in the manner provided by law.
PASSED THIS 13th day of May , 1997.
Ayes: Trustees Caleel, Kenny, McInerney, Savino and Shumate
Nays: None
Absent: Trustee Bartecki
Abstain: None
APPROVED THIS 13th day of May 1997.
*11age President
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010 Ordinance 97-PD-OF-6-589
Amending Article IV of Chapter
9, Animal Control, Page 8
ATTEST "
lag Clerk
Approved as to Form:
Village Attorney
Published 5-14-97 Pamphlet form
Date Paper
Not Published