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G-332 - 02/08/1983 - AGREEMENT - Ordinances ANt N►Al. C-3-33c'� `.. CoNTaaL. x- 9- 83 ORDINANCE G- 332 AN ORDINANCE AMENDING SECTION 9-12 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK AND PROVIDING PROCEDURES FOR ANIMAL CONTROL WHEREAS, the Village of Oak Brook is concerned with controlling the nuisance of dogs running at large and the spread of rabies by animals; and WHEREAS, the Village of Oak Brook has approved an agreement with the County of DuPage whereby the Village of Oak Brook is authorized to impound dogs running at large, animals exhibiting signs of rabies and animals caning into contact with animals exhibiting signs of rabies; and WHEREAS, to implement the intent of said Agreement it is necessary that procedures be established by Ordinance for such impoundment; 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 Section 9-12 of the Code of Ordinances of the Village of Oak Brook be and is hereby entitled "Animal Control" and is hereby amended to read as follows: a. DEFINITIONS (1) Animal: Any animal, other than man, which may be affected by rabies. (2) Approved Any facility for the purpose of impounding or harboring seized, Pound: stray, homeless, abandoned or unwanted animals or any veterinary hospital or clinic authorized by the Village. (3) At Large: Being off the premises of the owner and not under control by leash or other physical restraints. i I (4) Dog: Any member of the domestic canine species. (5) 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 tinder control. �-- (6) 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. b. RUNNING AT LARGE PROHIBITED. It shall be unlawful to: (1) Permit any dog to go upon the lawn or other private property of any but the owner therof, without the express or implied permission of the owner of said property or of the person in lawful possession thereof; (2) Permit any dog to run at large within the village at any time. For the purpose of this paragraph a dog shall be deemed running at large only in those cases where such dog is permitted. on any street, alley, sidewalk or other public place without restraint of a chain, leash, or other restraining device, or unless under the direct supervision and control of a human being upwards of the age of six (6) years. Dogs engaged in game hunting or other sporting events that are accompanied by a human being upwards of the age of six (6) years shall not be deemed dogs running at large; Ordinance G-332 Page 2 (3) Bring or cause to be brought any dog into any shop, store or retail �... place of business wherein the public is invited to do business with the management thereof, during such hours as the said public is so invited, or to bring or cause to be brought into any public building at any time any dog unless said dog is under a person' s control and is brought for the purpose of conducting business or inquiry wherein the physical presence of the dog is required. c. PENALTY (1) General: Any person who violates any of the provisions of this Section shall be subject to a fine of not more than $500.00 for each such violation. Each occurrence of a violation of this Section shall constitute a separate and distinct offense. (2) Impoundment: Any dog found to be running at large or otherwise in violation of the provisions of this Section and 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. �.. d. IMPOUNDMENT PROCEDURES: (1) The Village shall keep a record of the breed, color and sex of the animal and name and address of the owner, 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 (b) above. (4) 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: f (a) The owner must present proof of current rabies innoculation. (b) The owner shall pay to the Village a $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. j (5) Disposal of Unredeemed Animals: When an animal is not redeemed by the owner as provided in subparagraph (4) , the animal shall became 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: (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. G-33z Ordinance G 332 Page 3 Section 2: This Ordinance shall be in full force and effect fram and upon execution by the County of DuPage of the Agreement referred to in the preamble hereof, said Agreement entitled "Intergovernmental Agreement Between the Village of Oak Brook, Illinois and the County of DuPage, Illinois, approved by the Village of Oak Brook February 8, 1983. Passed and approved this 8th day of February 1983. Ayes: Trustees Congreve, Imrie, Listecki, Philip, Rush, and Watson.. Nays: 0 0 N%W Absent: 4gere e _ ATTEST: Village Clerk Approved as to Form: it age Attorney I Published Date Paper I Not Published XXX W/(,- .33a RF. SO 1, U 'r 1 0 N HHS-016-83 WHEREAS, the DuPage County Board is mandated by the Animal Control Act to carry out a program of Animal Control in DuPage County; and WHEREAS, the County Board pursuant to Illinois Revised Statutes Chapter S Paragraph 3S3 is permitted to enter into contracts or agree- ments with persons to assist in the operations of the animal control program. NOW, THEREFORE, BE IT RESOLVED by the DuPage County Board that the attached agreement between the County of DuPage and the Village of Oak Brook be and it is hereby approved, and the County Board Chairman and the County Clerk are hereby authorized and directed to execute the duplicate original copies of said agreement; and BE IT FURTHER RESOLVED that the attached agreement be and it is hereby made a part of this resolution; and BE IT FURTHER RESOLVED that the County Clerk transmit one of the executed original copies to the Village of Oak Brook; and certified copies of this resolution to DuPage County Animal Control; and to the County Board. Cl C p2nty Board/Chairman Vice ATTEST: v Coun C Ayes : 21 Nays : 0 Absent : 3 Vacancy:1 W/&-33a. INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF OAKBROOK, ILLINOIS, AND THE COUNTY OF DU PAGE, ILLINOIS This Agreement, made and entered into this 22nd day of February 1983 by and between the Village of Oak Brook, Illinois, hereinafter. called "Village" and the County of DuPage, hereinafter called "County". W I T N E S S E T H: WHEREAS, the County of DuPage is interested in controlling dogs running at large and the spread of rabies by animals ; and WHEREAS, it is in the best interests of the County of DuPage that the Village of Oak Brook take custody of dogs running at large, and take custody of animals exhibiting signs of rabies or animals coming in contact with animals exhibiting signs of rabies; and WHEREAS, Article VII, Section 10, of the 1970 Illinois Constitution authorizes the County to contract with individuals, associations, and corporations in any manner; and WHEREAS, the Intergovernmental Cooperation Act (I11 . Rev. Stat. 1981, Ch. 127, Par. 741, et seq.) provides that public agencies may contract with each other to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform; and WHEREAS, the Village of Oak Brook and the County of DuPage are public agencies or units of local government within the meaning of Article VII, Section 1, of the Constitution of Illinois ; and - 1 - WICx-33a„ WHEREAS, the County presently enforces the Animal Control Act, (Ill . Rev. Stat. , Ch. 8, Par. 351 et seq.) , hereinafter referred to as "The Act", in areas throughout the County, including the Village of Oak Brook; and WHEREAS, the County has enacted an Animal Control Ordinance dated Dec. 14, 1982 and Jan. 12, 1983, pursuant to Authority granted by Ill . Rev. Stat. , Ch. 34, Par. 427a and Ch. 8, Par. 351 et seq. ; and WHEREAS, the County Board pursuant to Ill . Rev. Stat. , Ch. 8, Par. 353 is permitted to enter into contracts or agreements with persons to assist in the operations of the animal control program; and WHEREAS, the subject matter of this agreement will serve to promote and protect the public health, safety, morals, and welfare of the County and the Village. NOW, THEREFORE, pursuant to the foregoing preambles, together with other good and valuable considerations, the receipt of which is acknowledged, the County and Village agree as follows: 1. The Village of Oak Brook 's employees acting within the scope of their employment, may take all dogs running at large and animals exhibiting signs of rabies and animals coming into contact with animals exhibiting signs of rabies into custody and impound them at the Hinsdale Humane Society. 2. The Village shall be responsible for keeping records with regard to impounding animals, notifying the owners of such animals and advising the Hinsdale Humane Society of such animals. - 2 - v 3. The Village shall notify the County of any dogs, not registered by the Du Page County Animal Control administrator. The notice shall `. inform the County of the owners of the animal and the owner's address. 4. The Village, pursuant to the Animal Control Ordinance of DuPage County may collect fees for the impoundment and disposal of animals as provided in the county animal control ordinance. 5. The Village shall indemnify, defend and hold the County harmless from any and all claims, demands, suits, causes of actions, judgments, awards, costs, fees, including attorney's fees, incurred or sustained by the County due to injury to persons or damage to property which result from the enforcement of this agreement, except when the conduct of the County constitutes gross negligence. 6. This agreement may be terminated by either the Village or the County by execution of an ordinance or resolution of termination and directing a copy of said ordinance or resolution to the other party; this agreement shall terminate ninety (90) days after service upon the other party of the ordinance or resolution of termination. 7. If any provisions of this agreement is invalid for any reason, such invalidation shall not render invalid other provisions of this agreement which can be given effect without the invalid provision. _ 3 _ W/('' 33d . 8. Execution of this Agreement has been duly authorized and approved by the governing Board of each party hereto, and this agreement represents the entire contract between the parties and supercedes all prior agreements, oral or written, between the parties. This Agreement may not be amended except by instrument duly executed in writing by both parties hereto. COUNTY U PAGE B V - an of the County Board Dated: February 22 , 1983 ATTEST: BY: Coun 'C1 0k of Du Page County DATED:February 23 , 1983 VILLAGE 0 BROOK BY: Village President .� Dated: February 8, 1983 ATTEST: Villaqe Clerk DATED: - 4 - A &� , STATE OF ILLINOIS) SS COUNTY OF DU PAGE ) I . JAY C . BENNETT , COUNTY CLERK AND CLERK OF THE COUNTY BOARD , IN THE COUNTY AND STATE AFORE- SAID , AND KEEPER OF THE RECORDS AND FILES THEREOF, DO HEREBY CERTIFY THE FOREGOING TO BE A TRUE AND CORRECT COPY OF* A RESOLUTION ADOPTED BY THE COUNTY BOARD AT A MEETING HELD AT THE DUPAGE CENTER , 421 N. COUNTY FARM ROAD , WHEATON, ILLINOIS, ON THE 22nd DAY OF February , A. D . 19 83 ALL OF WHICH APPEARS FROM THE RECORDS OF THE PROCEEDINGS OF SAID COUNTY BOARD NOW IN MY OFFICE REMAINING . GIVEN UNDER MY HAND AND OFFICIAL SEAL AT WHEATON, ILLINOIS, THIS 23rd DAY OF February A. D. 19 83 COU�TY fRK AND CLE K OF THE COUNTY BOARD OF DUPAGE COUNTY, ILLINOIS WI AM 3 AGREEMENr THIS AGREE ERr is made as of April 1 1083, by and between the Hinsdale Humane Society (The "Society") , an Illinois not-for-profit corporation, and the Village of Oak Brook (The "Village") , an Illinois municipal corporation. %MEREAS, the Society has maintained and operatd an animal shelter at 22 North Elm Street, Hinsdale, Illinois, (The "Shelter") for a nLMber of years and WHEREAS, the Society desires to cooperate with and assist the Village in furtherance of the Village's program. for the control and disposal of animals; and WHEREAS, the Society desires to continue to operate the Shelter and make certain contributions to it in furtherance of the Village's progran for the control and disposal of animals; and WHEREAS, the Village desires to secure the cooperation and assistance of the Society in the aforesaid program; NOW, THEREFORE, in consideration of the mutual agreements set forth hereafter, the parties hereto agree as follows: 1. All dogs and cats taken into custody by the Police Department of the Village, or by other employees of the Village acting within the scope of their employment, J� shall be returned to the owner or delivered to the ✓ ✓ Shelter except that animals involved in an animal bite incident whose owners are unkncxn'6shal l be released directly by the Village to the DuPage County Animal Control Unit. 2. Nothing contained in the above Paragraph 1 shall be construed as .requiring the Society to accept any animals taken into custody by persons other than the Police Department of the Village or other employees of the Village. With regard to such animals the Society is free to choose whether to accept them on any basis otherwise agreeable to it. L 3. As provided in Section 9.12 of the Corse of Ordinances of the Village, the Village shall be responsible for keeping records with regard to.impounded animals, notifying the owners of such animals and advising the A-1-11 Society of the same. A and/or animals exhibiting signs of rabies 4. The Society, in operating the Shelter, shall: a. Provide ar3equate management and other personnel, supplies, services and equip.- 'lent to operate the Shelter in a safe, humane, efficient and businesslike manner. b. Supply all food necessary for the maintenance of animals impounded within the Shelter. c. Provide all veterinary services reasonably required to prevent suffering of animals while impounded in the Shelter. d• As authorized by Section 9.12 of the Code of Ordinances of the Village, the Society shall dispose of all impounded animals not redeemed by the owners thereof within the period of redemption provided for in such Section. Al' of the above services shall be Society at its own expense rovided and controlled by the otherwise provided below. and with its own personnel, except as S• The Society shall provide the Village with access to and make available one animal run (sufficient for two animals) on a 24-hour per day basis. 6. The Society shall not release any animal in its oust by the Village to the owner of such animal until a release of such animal in writing is obtained from the Police Department the Village. The Village shall indemnify, d and o d of Society harmless against any claim against the Society by the owner of an animal by reason of the Society's refusal to release an animal in the referred to herein. absence of the written release 7• The :Society shall provide, upon request, information in its :possession to the Police Deparment of the Village so that a citation may h issued for violations of the Ordinance of the Village with respect to animals. 8. The Society shall inform the Village of the disposition of al impounded animals. 1 _ 2 _ 33 . 9• " Beginning with the effective date of the r e continuing to the 1st day of May, 1983, the Village ge sha11 Pay to the Society $10.00 for each dog reclaimed by its owner, $40.00 for each unreclaimed dog delivered by it to the Shelter, $5.00 for each cat reclaimed by s $10,00 for each unreclaimed cat delivered by it to they or Shelter; and in addition to such fees, the Village shall �- the cost of any veterinary pay not utha services provided to animals redeemed by their owners, excluding costs of enasia. As a separate charge, the Society shall charge daily kennel costs, and other costs as appropriate, to owners reclaiming animals, which charges shall be paid by owners before such animals are released. Beginning with the ist day of May, 1983, and continuting to the lst day of May, 1984, the fees set forth in this paragraph to be paid by the Village shall be adjusted, upward or downward, by the percentage of the yearly average increase or decrease in the Consumer ant Price Index (All Urban Consumers- All Cities) for the one- year period ending Deceber 31, 1982; and, in like manner, on each succeeding May 1st in each year, fees adjusted in accordance with the above shall be re-adjusted by application of the same formula, using as a basis the yearly average percentage chaLlge in said Index for the one- year period ending in December of the immediately preceding Year. At least ten (10) days prior to May 1 of each year during the term of the Agreement, the Society shall notify the Village in writing of the adjustments to be made in the fees to be paid by the Village hereunder, and said notice will contain sufficient information to enable the Village to verify the accuracy of the cnputation of the adjusted fees contained therein. 10. Once each month the Society shall notify the Village of the total costs due to the Society pursuant to Paragraph 9 and the Village shall pay the total amount therein within thirty (30) days. 11. This Agreement shall take effect upon above, and shall continue in effec until date party give written notice to the other of its desire Pto terminate the Agreement. This Agreement shall terminate on the sixtieth (60th) day following the giving of such notice. Such notices shall be valid only if issued upon the approval of the notifying party's governing Board. `- 12. In -the event Section 9.12 of the Code of Ordinances of the Village relating to domestic animals shall be modified or amended in any respect subsequent to the effective date of this Agreement, the Village promptly shall notify the Society of such modification or amendment and furnish a copy of same to the Society. - 3 13. .Execxution of this Agreement has been duly authorized and approved by the governing Board of each party hereto, and this Agreement represents the entire contract between the parties and supersedes all prior agreements, oral or written, between the parties. This Agreement may not be amended except by an instrument duly executed in writing by both parties hereto. VILLAGE OF OAK BROOK BY ATTEST: Vill ge Clerk HINSDALE HUMANE SOCIETY BY ATTEST: Y(. GfiL Secretary T 4 w/6r 3 a a R�yx 1G � F �Guh VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD �- OAK BROOK, ILLINOIS February 2, 1983 654-2220 MEMO TO: Village President and Board of Trustees FROM: John H. Brechin - Village Attorney SUBJECT: Animal Control RECOMMENDATION: That the Village Board (1) approve the proposed Inter- governmental Agreement between the Village and DuPage County; (2) pass the proposed revised Animal Control Ordinance to allow for impoundment of dogs running at large and (3) approve the proposed agreement between the Village and the Hinsdale Humane Society. At the November 8, 1982 Committee-of-the-Whole Meeting you directed staff to prepare the necessary documents to implement the pro- posed animal control arrangement whereby the Village would contract with the Hinsdale Humane Society for that organization to serve as a repository for dogs running at large recovered by the Police Department. The necessary documents have been prepared and are submitted to you for your consideration as follows: 1. Intergovernmental Agreement between the Village of Oak Brook and DuPage County. As noted to you in my earlier memorandum of October 14, 1982, this proposed agreement is necessary to eliminate any doubt as to the Village's authority to impound animals found running at large. In essence, the proposed agreement does simply that in allowing the Village to impound such dogs and other animals and to collect fees therefor. 2. Revised Animal Control Ordinance. The proposed ordinance provides the necessary legislative authority for impoundment of animals and the impoundment fee together with the necessary procedures for the return of impounded animals. L I W% _33cA Memo to: Village President and Board of Trustees February 2, 1983 Page 2 3. Agreement between the Hinsdale Humane Society and the Village. This proposed agreement formalizes the arrangement discussed at the November 1982 Committee-of-the-Whole Meeting. Under the agreement the Humane Society would shelter those animals brought to it by the Oak Brook Police Department and render all necessary services to those animals. Procedurally any animal impounded by the Village would be placed at the Humane Society. To recover the animal the owner would be required to pay an impoundment fee to the Village of $10.00 and present evidence of a current rabies registration for that animal. Thereupon the Village would issue a release to that owner who would then go to the Humane Society and, upon payment of veterinary and kennel fees, recover the animal. The impoundment fee collected by the Village would thereupon be transferred to the Humane Society, consistent with similar arrangements between it and other municipalities in the area. As you may recall the procedures specified in the collective documents resolve the Village's problem of having no appropriate repository for animals found running at large and eliminate the necessity of Village expenditures for a Village facility for that purpose. It is therefore recommended that the Village Board (1) approve the proposed contract with DuPage County and authorize its execution; (2) pass the revised Animal Control Ordinance and (3) approve the proposed agreement with Hinsdale Humane Society and authorize its execution. Upon the formal approval of these documents the procedures can be implemented upon the execution by the other parties of the two agreements noted, which is expected to occur within two weeks. Respectively submitted, Joh H. Brechin Vil age Attorney JHB/sb I i W/G -33 VILLAGE OF OAK BROOK MINUTES OF THE REGULAR MEETING OF February 8, 1983 MEETING CALL: The Regular Meeting of the Board of Trustees was called to order at 7:30 P.M. by �. President Cerne in the Samuel E. Dean Board Room of the Village Commons. I. ROLL CALL: PRESENT: President Wence F. Cerne Trustees George Congreve Walter Imrie Robert Listecki Arthur Philip Joseph Push William Watson i i ABSENT: None II. APPROVAL OF MINUTES: Trustee Philip moved, seconded by Trustee Congreve . .. That the Minutes of the Regular Meeting of January 25, 1983 be approved as submitted and waive reading of same. Voice Vote: all present, in favor. So Ordered. III. ORDINANCES, RESOLUTIONS, VARIATIONS, PLATS, ETC. : A. RESOLUTION R-341 - A RESOLUTION APPROVING THE FINAL PLAT OF WHITEHALL PARK SUBDIVISION. As directed at the Regular Meeting of January 25, 1983. Trustee Watson moved, seconded by Trustee Congreve .. . To pass Resolution R-341 as presented. ` Roll Call Vote: Ayes: Trustees Congreve, Imrie, Listecki, Philip, Rush, Watson and President Cerne. Nays: None So Ordered. B. ORDINANCE S-499 - AN ORDINANCE APPROVING THE FINAL PRESERVATION PLAN FOR THE RESIDENTIAL DEVELOPMENT OF THE ST. JOSEPH SEMINARY As directed at the Regular Meeting of January 25, 1982. Trustee Watson moved, seconded by Trustee Philip To pass Ordinance S-499 as presented. Roll Call Vote: Ayes: Trustees Congreve, Imrie, Listecki,`Philip, 'Rush, Watson and President Cerne Nays: None So Ordered. ORDINANCE G-332 - AN ORDINANCE AMENDING SECTION 9-12 OF THE CODE OF -� ORDINANCES OF THE VILLAGE OF OAK BROOK AND PROVIDING PROCEDURES FOR ANIMAL CONTROL Proposed Ordinance concerned with controlling the nuisance of dogs running at large and the spread of rabies by animals. VILLAGE OF OAK BROOK Minutes 1 - February 8, 1'983 '�l�Cs - 33 VILLAGE OF OAK BROOK Mir---,:!s - 2 - February 8, 1983 Trustee Imrie moved, seconded by Trustee Congreve To pass Ordinance G-332 as presented; approve the Intergovernmental Agreement between the Village and DuPage County; and approve the Agreement between the Village and the Hinsdale Humane Society. Roll Call Vote: Ayes: Trustees Congreve, Imrie, Listecki, Philip, Rush, Watson and President Cerne Nays: None So Ordered. IV. FINANCIAL: A. Treasurer's Report: Trustee Rush moved, seconded by Trustee Diarie . . . To approve the Treasurer's Report for the month of January, 1983 as.presented. Revenue Fund Balance Corporate Fund $545,849.75 $2,717,710.32 :Motor Fuel Tax Fund 6,637.66 114,640.19 Revenue Sharing Fund 12,590.00 46,900.72 Reserve For Capital Purchases - 0 - 115,000.00 Sports Core Bond Fund 12,078.27 271,446.85 Sports Core Operating Fund 22,032.28 154,341.01 Water Fund 141,541.43 2,692,621.74 Voice Vote: all present, in favor. So Ordered. B. Payouts: 1) I.R.M.A. - 4th Supplemental Assessment - 1979 Trustee Rush moved, seconded by Trustee Imrie . . . To authorize payment to I.R.rM.A. for the 4th Supplemental 1979 Assessment in the amount of $5,438.64. Roll Call Vote: Ayes: Trustees Congreve, Imrie, Listecki, Philip, Rush, Watson and President Cerne Nays: None So Ordered. C. Approval of Bills: Warrant Register By Fund, dated February 2, 1983, presented to reflect payment from the following funds: General Fund $236,366.74 Water Fund 48,339.66 Sports Core Fund 29,831.62 Trustee Rush moved, seconded by Trustee Imrie , To approve payment of Warrant Register By Fund in the total amount of $314,538.02 and authorize the President and Treasurer to affix their signa- tures thereon. Roll Call Vote: Ayes: Trustees Congreve, Imrie, Listecki, Philip, Rush, Watson and President Cerne Nays: None So Ordered. D. Investment: Trustee Rush moved, seconded by Trustee Imrie To approve and ratify the following investment from the Water Fund. VILLAGE OF OAK BROOK ?Minutes - 2 - February 8, 1983