G-1014 - 11/26/2013 - POLICE DEPARTMENT - Ordinances ORDINANCE 2013-PD-OF-G-1014
AN ORDINANCE AMENDING TITLE 6, CHAPTER 2 OF THE VILLAGE CODE OF
THE VILLAGE OF OAK BROOK RELATING TO DOG REGULATIONS
WHEREAS, the Village of Oak Brook, Illinois ("Village") is a body politic and corporate,
organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and
WHEREAS, Section 11-20-5 of the Illinois Municipal Code, 65 ILCS 5/11-20-5, provides the
Village the authority to regulate for the public health; and
WHEREAS, Section 11-20-5 of the Illinois Municipal Code, 65 ILCS 5/11-20-9, provides the
Village the authority to regulate dogs that run-at-large; and
WHEREAS, Section 11-1-1 of the Illinois Municipal Code, 65 ILCS 5/11-1-1, provides that the
Village may pass and enforce all necessary police ordinances; and
WHEREAS, pursuant to Title 6, Chapter 2 of the Village Code of the Village of Oak Brook, Illinois
("Village Code', the Village regulates dogs ("Dog Regulations"); and
WHEREAS, the Village has not amended its Dog Regulations since 1997; and
WHEREAS, amending the Village's Dog Regulations to be consistent with the Illinois Animal
Control Act will lead to more efficient administration of the Dog Regulations; and
WHEREAS, the Village President and Board of Trustees have determined that it is in the best
interest of the Village and its residents to amend the Dog Regulations as set forth in this Ordinance;
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: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Amendment to Title 6 Chapter 2 of the Village Code. Chapter 2, entitled "Animal
Control," of Title 6, entitled "Police Regulations," of the Village Code shall be amended further, and shall
read as follows:
6-2-1: DEFINITIONS:
For the purposes of this Chapter, 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.
BITE: To be seized with teeth or jaws so that the person or companion animal has been
nipped, gripped, wounded or pierced and saliva of the biting animal has contacted the
resulting break or abrasion of the skin.
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CAT: Any member of the domestic felis catus species.
COMPANION ANIMAL: An animal that is commonly considered to be, or is considered by
the owner to be, a pet, including, but not limited to, canines, felines, ferrets, and equines.
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, vicious nature or other
characteristics would constitute a danger to human life, physical well-being or property.
DANGEROUS DOG: A dog that: (i) is anywhere other than upon the property of the
owner or custodian of the dog and 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; (ii) without justification, bites a person and does not cause serious
physical injury; or (iii) has been deemed to be a dangerous dog under the animal control
act by the appropriate state or county official designated under said act.
DOG: Any member of the domestic canine species.
ENCLOSURE: A fence or structure of at least six feet(6) 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 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.
RUNNING AT LARGE: An animal that is not restrained by a competent person and is
present somewhere other than the owner's property.
SERVICE DOG: Any guide dog, signal dog, or other dog trained to do work or perform
tasks for the benefit of an individual with a disability, including, without limitation, guiding
individuals with impaired vision, alerting individuals with impaired hearing to sounds, and
pulling a wheelchair or fetching dropped items for individuals with mobility impairments.
VICIOUS DOG:
A dog that: (i)without justification attacks a person and causes serious physical injury, or
death; (ii) has been found to be a dangerous dog upon three separate occasions; or(iii) a
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dog which has been declared or deemed a vicious dog under the Illinois Animal Control
Act by a court of competent jurisdiction.
6-2-3: PROHIBITED ACTS:
It shall be unlawful:
A. To permit the animal to enter upon the premises of another within the village
without the consent of the owners of the premises;
B. To permit any animal, whether licensed or not, to enter any public body of water,
pond, fountain or stream except in any dog park where it is permitted to do so by
the owner, lessee, and/or operator of said dog park;
C. To bring or cause to be brought any animal into any public hall, restaurant, shop,
store or retail place of business wherein the public is invited to do business, or
establishment where food or beverages are sold 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 animal, unless said animal is under a person's control and is brought for the
purpose of conducting business wherein the physical presence of the dog or cat
animal is required...;
D. To permit, by action or inaction, any dog to bite any person or companion animal,
other than its owner or the owner's immediate family;.
E. To permit any animal to damage or destroy any property;
F. To permit any dog to chase, run after or jump at vehicles using the public
thoroughfares;
G. To permit any dog to habitually snap, jump upon or otherwise threaten persons
lawfully using any common thoroughfare, sidewalk, passageway, bypath, play
area, park or any place where people congregate or walk;
H. To permit any dog that is unmuzzled or unleashed while off the owner's or
custodian's property to growl, snarl, snap at or jump upon, or otherwise threaten
persons in a manner that a reasonable person would believe poses an unjustified
imminent threat of injury to a person or a companion animal;
I. To permit any dog, cat, or other animal to howl, yelp, whine or meow, bark or
make noise in such a manner as to disturb any person or neighborhood, or to
possess any female animal in heat which causes other animals to howl, yelp,
whine or meow, bark or make noise in such a manner as to disturb any person or
neighborhood;
J. To allow any place where any animal is or may be kept to become unclean or
unsanitary or become offensive to those residing in the vicinity;
K. To fail to report to the chief of police an animal bite to a person or companion
animal within 24 hours of said bite;
L. To keep, harbor or maintain any animal which may endanger the safety of
persons or property;
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M. To permit any dog to run at large in the village at any time except in a designated
dog park. Dogs which are on any street, sidewalk, alley or other public place
without being held securely on a leash shall be deemed running at large. Dogs
which are running at large shall be taken up and impounded by the police
department;
N. For the owner or custodian of a dog that has been deemed to be a dangerous
dog to fail to report to the chief of police within twenty four(24) hours of any such
finding or determination by the state or county official designated under the
animal control act, and to fail to file a copy of any such written finding and order
with the chief of police within said twenty four(24) hours;
O. For the owner or custodian of a dog that has been adjudicated and deemed to be
a vicious dog to fail to report to the chief of police within twenty four(24) hours of
the entry of a court order making any such determination or declaration, and to
fail to file a certified copy of said order with the chief of police within said twenty
four(24) hours irrespective of whether the time to appeal said order has run;
P. To bury any dead animal at any place within the Village;
Q. To 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; and
R. To permit any animal to defecate on any property other than that of the owner or
custodian of the animal unless such owner causes the excrement to be removed
immediately and disposed of in a sanitary manner.
6-2-4: RABIES VACCINATION REQUIRED:
A. 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 Illinois Compiled Statutes 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.
B. Time: Any dog or cat acquired by a resident of the Village shall be vaccinated for
rabies by a licensed veterinarian within thirty (30) days after such acquisition, except
as provided in subsection A of this Section.
C. Intervals: The owner or keeper of any dog or cat within the Village which is subject to
vaccination in accordance with the provisions of this Section 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.
6-2-5: SUSPICION 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.
6-2-6: IMPOUNDING ANIMALS:
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A. Impoundment Procedures:
1. 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.
2. 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.
3. 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 A2 of
this Section.
B. 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:
1. The owner must present proof of valid rabies inoculation.
2. 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 subsection
and in addition to any costs of the pound.
3. The owner shall pay to the pound any daily kennel costs and the cost of any
veterinary services provided.
C. Disposal Of Unredeemed Animals: When an animal is not redeemed by the owner as
provided in subsection B of this Section, the animal shall become the property of the
pound to be disposed of in a humane manner or made available for adoption
according to procedures established by said pound provided:
1. 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.
2. 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.
D. Impounding Provisions Not To Stop Prosecution Of Owners: Nothing contained in
this Chapter 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.
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6-2-7: DANGEROUS ANIMALS PROHIBITED:
A. Prohibition: No person shall have a right of property in, keep, harbor, care for, act as
custodian of or maintain in his 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.
B. Domestication No Defense; Seizure And Confiscation: It is no defense to a violation
of subsection A of this Section that the person violating such subsection 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 Chapter may be subject to seizure and may immediately be placed
in an approved facility. Upon the conviction of a person for a violation of subsection A
of this Section, 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.
6-2-8: VICIOUS DOGS:
A. Keeping Or Maintaining: 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 (300) pounds and
not exceeding three feet (3') in length, and shall be under the direct control and
supervision of the owner or keeper of the vicious dog.
B. Sell Or Give Away: No owner or keeper of a vicious dog shall sell or give away any
vicious dog.
6-2-9: EXCEPTIONS TO CHAPTER:
A. Service dogs, and sentry, and guard dogs are exempt from this Chapter, provided
that any attack or injury to a person or companion animal 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.
B. All police-owned dogs are exempt from this Chapter.
6-2-10: PENALTIES:
Any person convicted of a violation of any provision of this Chapter shall be subject to a
fine of not less than fifty dollars ($50.00) nor more than three hundred dollars ($300.00)
for each such violation; provided, however, that any person convicted of a violation of any
provision of this Chapter more than once during a period of twelve (12) consecutive
months shall be subject to a fine of not less than one hundred dollars ($100.00) for the
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second such offense and not less than one hundred fifty dollars ($150.00) for the third
such offense and each subsequent offense during such twelve (12) month period.
6-2-11: PROSECUTION OF OWNERS:
Nothing contained in this Chapter 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: Severability. If any provision of this Ordinance or part thereof is held
invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall
remain in full force and effect, and shall be interpreted,applied, and enforced so as to achieve, as
near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by
applicable law.
Section 4: Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
APPROVED THIS 26th day of November, 2013!
Gopal G. Lalmalani
Village President
PASSED THIS 26th day of November, 2013
Ayes: Trustees Adler, Baar, Manzo, Moy, Yusuf
Nays: None
Absent: Trustee Wolin
ATTEST:
Charlotte K. Pruss
�� Village Clerk