G-1014 - 11/26/2013 - POLICE DEPARTMENT - Ordinances Supporting Documents ITEM 6.F.3)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
November 26, 2013
SUBJECT: Amending Title 6, Chapter 2 Relating to Dog Regulations
FROM: James R. Kruger, Chief of Police
BUDGET SOURCE/BUDGET IMPACT: None
RECOMMENDED MOTION: Motion to approve Ordinance G-1014 amending Title 6,
Chapter 2 of the Village Code of the Village of Oak Brook relating to Dog Regulations
Background/History:
The Police Department has had several occasions over the past six months to enforce the existing
village code related to dog bites. It was revealed during that process that our local ordinance had
not been updated in nearly twenty years while the state law has seen several revisions during the
same time period. Working with the Village Attorney the code was revised to include the most
up to date definitions of vicious and dangerous dog to parallel state statute, added a section on
dog biting dog, and also exempting police work dogs as part of their official duties from some of
the provisions. Other sections of the legacy ordinance were also consolidated to make
enforcement more efficient and understandable.
Recommendation:
The Police Department recommends the approval by the Village Board Ordinance G-1014
attached.
Last saved by James R Kruger Jr C:\Users\Dbettin\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\QIXG9M70\Dog Ordinance Amendment 112613.docx
Last printed 11/20/2013 10:32 AM
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 iaws 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.
Ordinance 2013-PD-OF-G-1014
Dog Regulations
Page 2 of 8
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 beget, including, but not limited to, canines, felines,
ferrets, and enuines.
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: Any individual dog WhiG, when either unmuzzled unleashed or
feFGG09616 or terFerizing manner, and On an apparent attitude of aft 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
iimi ation. guiding individuals with impaired vision, alerting individuals with
impaired hearing to sounds, and un Iling a wheelr_hair or fetching dropped items for
individuals with mobility impairments.
Ordinance 2013-PD-OF-G-1014
Dog Regulations
Page 3 of 8
VICIOUS DOG:
A. Any individual dog that when unprovoked infliGts bites er attaGks a hurnall being
B.
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E. Ale dog hall be deemed °vininl Ic° if i} bites .harks nr mcnaGe6 a trespasser on
abused it or as a prefessiorially trained deg for law enfqFGernent er guard dutie-'s.
A dog that: (j) without justification attacks a person and causes serious physical
noury, or death; (ii) has-been found to be a dangerous dog upon three separate
occasions; r (10i) a dog which has been declared or deemed a vicious doa under
the Illinois Animal Control Act by a court of competent jurisdiction.
6-2-3: RUNNING AT LARGE RRGHIRITGn PROHIBITED ACTS:
It shall be unlawful:
the IawR or other private property ef anyone but the owner of the dGg OF Gat,
without the rnplied perm ssion of the owner of said property or 9
6ion thereof;
B. Per aRy dGg OF Gat to FUR at large. For the purposes of this subseGtion, any d
at large. Any person owning, having G616tedy, pos itrol ever any
ast-
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 Dark where it is
permMed to do so by the owner, lessee, and/or operator of said dog nark:
C. To bring or cause to be brought any deg OF sat 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 dog OF animal, unless said deg OF sat animal is
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Ordinance 2013-PD-OF-G-1014
Dog Regulations
Page 5 of 8
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 41• NUISANCE ANIMALS-:
No GWReF shall keep, haFbc)r, ewn or otherwise maintaiR any animal On the Village whiGh
disturbs the . . . t ef any neighberhood by habitual oF regular barking, h9wling,
6 2 & DEAD ANIMALS; DISPOSAL RESTRICTED;
Ne pepsen shall bury aRy dead animal at any pIaGe withiR the Village. Every person
violating the pFevi6iens of this SeGtion shall be deerned guilty of a
6 2 6: KILLING OR WOUNDING RIRDS-
Ne persOR shall kill OF WGURd, oF attempt te kill er wound, any bird within the Village, 0
puirpo6e of killing er wounding or attempting to kill or wound any bird.-
6 2 7• DISPOSAL OF DOG EXGREMENT-
The owner ef any dog er Gat shall net permit 6UGh aRirnal to defeGate on any pFoperty
9theF than that of the owner of the animal uniess SUGh ewneF Gauses the eXGFeMeRt to be
removed immediately and disposed of On a sanitary manRer. (Ord. G 589, 5 13
6-2-84: 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.
Ordinance 2013-PD-OF-G-1014
Dog Regulations
Page 6 of 8
6-2-85: 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.
6-24-06: IMPOUNDING ANIMALS:
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.
Ordinance 2013-PD-OF-G-1014
Dog Regulations
Page 7 of 8
6-2-441 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.
6-2-1-2-$: 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.
6-2-432: EXCEPTIONS TO CHAPTER:
A. Guide dogs f9r the blind or hearing impaired, support dogs for the phyS'Ga4y
handicapped Service dogs, and sentry;and guard OF psl+se-owned dogs are exempt
from this Chapter, provided that any attack or injury to a person or com an pion
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.
lE. All police-owned dogs are exempt from this Chapter.
6-2441Q: 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
Ordinance 2013-PD-OF-G-1014
Dog Regulations
Page 8 of 8
months shall be subject to a fine of not less than one hundred dollars ($100.00) for the
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.
6-24511: 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:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk