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G50-86 Ordinance No. 50-86 AN ORDINANCE AMENDING TITLE 7 ENTITLED "ANIMALS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 7 of the Elgin Municipal Code, 1976, as amended, be and is hereby repealed. Section 2. That Title 7 be and is hereby added to the Elgin Municipal Code, 1976, as amended, to read as follows: "ANIMALS Chapter 7.04 Dogs 7.04.010 Definitions A. The word "dog" as used in this chapter shall include all animals of the canine species; male, female, and neutered. r` B. The word "person" or "owner" as used in this chapter shall mean any person, corporation, or firm who; I. has a right of property to a dog; 2. keeps or harbors a dog; 3. has a dog in his care; or 4. acts as a custodian of a dog. 7.04.020 Responsibility A. There is created a non-sworn position within the Elgin Police Department of Community Service Officer, charged to regulate the provisions of this Title and Chapter. Such person shall be authorized to make all necessary arrests in carrying out the provisions of this Title. B. Any and all sworn members of the Elgin Police Department are also authorized to carry out provisions of this Title. 7.04.030 Rabies lnnoculation and License—Required A. No dog shall be permitted to be kept in the City unless properly inoculated for rabies as provided by Section 23(i) of Chapter 8 of Illinois Revised Statutes and unless being licensed by the City as provided by this section. B. Prior to issuing a license for any such dog the city treasurer shall require the owner to exhibit a certificate in the form approved by the Department of Agriculture of the State indicating that such dog has current innoculation for rabies. C. All dogs over 6 months of age kept in the City shall be registered yearly as to sex, breed, name and address of owner, and registration number. Upon payment of fee, a license tag (shape and color to be changed yearly) shall be issued to owner. It shall be the duty of the owner to cause the license to be securely attached around the dog's neck and kept there during license period. 7.04.040 License—Fees A. At the time of registration, the owner shall pay the sum of $3.00. B. Any license purchased after July 1st, in any year for that particular calendar year shall be subject to a penalty of two dollars in addition to the normal license fee; expressly provided however, that the person owning the dog for which license is being purchased has owned the animal for at least six months on the date the license is applied for. 7.04.050 Dog at Large—Prohibited No person shall cause or allow any dog owned or kept by him to run loose at any place within the City, other than on the property of such person. Any dog not upon the owner's property which is not fastened and restrained by a leash shall be deemed at large, and a public nuisance. All dogs found being at large, whether currently licensed or not, shall be promptly impounded as provided by this chapter. 7.04.060 Dogs Prohibited in Certain Areas A. It is unlawful for any dog, even though on a leash to be or enter upon any school premises, public playground, public swimming pool, public hall, food service establishment, the Fountain Square Mall area, or any sidewalk or path extending through any of the above described areas. B. The provisions of this section shall not apply to seeing-eye dogs in the performance of their duties. C. Special exemptions to section "A" may be granted upon approval of the Chief of Police or Director of Parks. 7.04.070 Dangerous Dogs A. A dangerous dog is hereby defined to be a dog which shall cause annoyance or reasonable fear of bodily injury to any person by attacking or threatening to attack such person. Any such dog is hereby declared a nuisance. Any such dog shall be kept confined in a secure enclosure or on a leash and muzzled, so that such dog is rendered incapable of biting, and kept under control at all times. • • B. Any such dog, after being found to be dangerous, and not so confined or restrained shall be promptly impounded. C. A dangerous dog which has bitten any person or persons on three occasions will be required to be removed from the City of Elgin by the owner of such dog. if such dog is not removed, it will be impounded by duly authorized police personnel. 7.04.080 Diseased Dogs A diseased dog is hereby defined to be a dog which is likely carrying hydrophobia (rabies) or any other contagious disease. No such dog shall be permitted in the City. 7.04.090 Defecation—Nuisance Declaration It is a public nuisance for any person to cause or allow any dog owned or kept by him to defecate upon any public street, sidewalk, or other public place, or upon any premises not owned or controlled by the person owning or keeping the dog; provided however, that if any such defecation is completely and promptly removed by the owner or keeper, the terms of this section shall not be found applicable. 7.04.100 Damage to Property No person shall without the consent of the owner of the property concerned, permit or allow any dog in his custody or control to enter upon the premises of another within the City, or permit or allow any dog in his custody to injure or carry away any vegetable, plant, fruit, refuse, shrub, tree, flower, or any other thing which may be on said premises or which may be planted there. The person having custody of such dog shall be liable for damage incurred. 7.04.010 Dogs Barking—Disturbing the Peace A. A dog which disturbs the peace and quiet of a neighborhood by loud barking, howling, or other noises is hereby declared to be a nuisance. Any person who harbors any such dog within the City shall be subjected to the penalties provided by this code. B. If a person having control of such barking dog cannot be located, or dog cannot be sufficiently confined, the dog may be impounded to return peace to the neighborhood. The dog may be returned to the owner as provided in Section 7.04.050. 7.04.020 Limitation on Number of Dogs to be Kept A. No person shall permit more than three dogs to be kept in or about any single family residence or more than one dog in any single family unit of any multiple family housing building within the City. B. This section shall apply only to dogs over three months of age. . , C. When circumstances dictate removal of any dog(s) to assure compliance with this section, the officer shall notify the County Circuit Court of the violation and apply for an order of removal. D. This section shall not be held applicable to residences having more than the designated number of animals on date of this section's enactment. 7.04.030 Animal Bites—Owner's Duties A. It is unlawful for the owner or keeper of any dog or other animal when notified that such dog or animal has bitten or scratched any person or has otherwise injured any person so as to cause an abrasion of the skin, to sell or give away such dog or animal, or allow such dog or animal to be taken away beyond the limits of the county; but it shall be the duty of such owner, upon receiving notice of the incident aforesaid to immediately place such dog or animal in a duly licensed veterinary hospital where such dog or animal shall be confined for a period of at least ten days for observation, or cause to be delivered, any such dog or animal to officer for required observation. In case such dog or animal is delivered to a veterinary hospital, notice of the name and location of such hospital shall be immediately furnished to the officer by the owner of such dog or animal, and upon receipt of such dog or animal, the veterinary hospital shall submit to the officer a certificate stating that such dog or animal either shows no symptoms of rabies or does show symptoms of rabies. If, at the expiration of the ten days of confinement in such veterinary hospital, the veterinary k hospital submits to the officer a second certificate stating that the dog or animal does not have rabies, the dog or animal may then be released to the owner. B. If, however, evidence is presented that such dog or animal has been innoculated against rabies within the time prescribed by low prior to the biting, such dog or animal shall be confined in the house of it's owner or in a manner that will prohibit such dog or animal from biting any person for a period of ten days, unless in the judgment of the officer, rabies inspector, or the veterinarian, circumstances are such that the dog or animal should be confined elsewhere. Such dog or animal so confined shall be examined by a licensed veterinarian on the first, fifth, and tenth day during confinement. If at the expiration of the ten days of confinement the veterinarian submits a certificate stating that the dog or animal does not have rabies, the dog or animal may be released to the owner. C. The owner of any dog or animal suspected to have been involved in a biting incident may be required to surrender dog or animal to officer upon demand. D. When an officer believes that a dog or animal may present a danger to the public by it's propensity to bite or otherwise injure persons, such officer shall notify the applicable County Circuit Court of the situation and apply for an order of removal or destruction of said animal. r . • 7.04.040 Impoundment—Redemption--Fees A. Any dog which has been impounded or taken up for being at large or for any violation of preceding ordinances may be redeemed by the owner of such dog upon payment to the City the sum of twenty dollars for the first redemption, thirty dollars for the second redemption, and fifty dollars for each additional redemption thereafter, for the cost of taking up and impounding such animal. Owner must also pay the cost of keeping the animal during impoundment. B. Payment of redemption, license, or professional fees shall not release owner from other complaints being brought or fines being levied under this Chapter. 7.04.050 Nuisance Declaration--Removal or Destruction of Dog A dangerous dog or a dog found at large on at least three separate occasions or a dog otherwise declared to be a public nuisance under the provisoes of this Chapter, will be required to be removed from the City of Elgin by the owner of such dog. If such dog is not removed, it will be impounded by duly authorized police personnel, and such officer shall notify the applicable county circuit court of the situation and apply for an order of removal or destruction of said animal. Chapter 7.08 Keeping Regulations 7.08.010 Definitions The word "animal" as used in this section shall mean any living creature, domestic or wild, but does not include man. 7.08.020 Cruelty to Animals No person shall beat or cruelly treat any animal in any manner including but not limited to the following: A. By overloading, overdriving, overworking, cruelly beating, torturing, tormenting, mutilating, or cruelly killing any animal, or causing or knowing the some to be done. B. By cruelly working any old, maimed, infirm, sick or disabled animal, or causing or knowingly allowing the same to be done. C. By unnecessarily failing to provide any animal in his charge or custody as owner or otherwise with proper food, drink, shelter, and air for 24 hours or longer. D. By failing to provide necessary veterinary attention to sick animals in need in his ownership. E. By abandoning any animal where it may become a public charge or may suffer injury, hunger, or exposure. F. By operating, managing, maintaining, charging admission to, or being a patron at any place used for the purpose of fighting or baiting any bull, bear, dog, cock, or any other animal. G. By carrying or causing to be carried, driven or kept, any animal in an unnecessarily cruel manner. H. No dog or any other animal shall be left completely enclosed in a parked vehicle without adequate ventilation, in such a way as to subject the animal to temperatures sufficiently above ambient to affect the animal's health and welfare. I. No dog or any other animal shall be transported on any public thoroughfare in any vehicle unless such animal is totally enclosed within such vehicle, within a secured container carried upon such vehicle, or securely cross-tethered to such vehicle in such a way as to prevent any injury to the animal. 7.08.030 Dangerous or Wild Animals A. It shall be unlawful to keep or harbor in the City any animal which is fierce naturae in the eyes of the law. It shall be unlawful to own any animal which would be dangerous to the public as a result of its propensity to injure persons. B. The members of the police department, or any other person in the City, are authorized to kill any dangerous animals of any kind when it is necessary for the protection of any person or property. 7.08.040 Noisy Animals A. It is unlawful to harbor or keep any animal which disturbs the peace by loud noises at any time of the day or night. b. When circumstances dictate removal of such animal for the peace of the neighborhood, the animal shall be removed and impounded. 7.08.050 Farm Animals It shall be unlawful to raise or keep any animal commonly considered a farm animal, including but not limited to: A. Cows; B. Horses; C. Pigs; D. Chickens." Section 3. That all ordinances or parts of ordinances in conflict with the rprovisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 23, 1986 Passed: June 23, 1986 Vote: Yeas 7 Nays 0 Recorded: Published: • Attest: s/ Marie Yearman Marie Yearman, City Clerk • ANIMAL ORDINANCE COMPARISON Existing Ordinance New Ordinance 7.04.040 License--Fees $1 .00 Male and Spayed Female $3.00 All Dogs $2.00 Unspayed Female 7.04.060 Dog' s Prohibited in Certain School Property Additional.: Areas Public Playground Public Hall Public Swimming Pool Food Service Establishments Public Park Mall 7.04.030 Limitation on Number of Three Dogs per Person, Firm, Three per Single Family Resi- Dogs Kept or Corporation dence, One per Single Family Unit in Apartment Building 7.04.050 Impoundment Redemption Fees $10.00 First Redemption $20.00 First Redemption $15.00 Second Redemption $30.00 Second Redemption $20.00 Third Redemption $50.00 Third Redemption 7.04.060 Nuisance Declaration-Removal None Applies to dangerous dogs and or Destruction of Dog dogs repeatedly allowed to run loose (3 or more times) . Allows officer to apply for order of removal or destruction from Circuit Court. 7.08.020 Cruelty to Animals Prohibits cruel treatment More specific regulations. Very non-specific Requires dog to be cross- tethered in bed of open pickup truck. 7.08.030 Dangerous or Wild Animals Not allowed to run loose. Prohibits ownership. 7.04.020 Barking Dog Cannot disturb peace and Gives officer the authority to quiet of neighborhood. impound dog if owner cannot be located. L.