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G47-95 e' CITY OF ELGIN ORDINANCE NO. G47-95 AN ORDINANCE AMENDING CHAPTER 7 . 04 ENTITLED "DOGS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED ADOPTED BY THE tow CITY COUNCIL OF THE CITY OF ELGIN ON THIS 28TH DAY OF JUNE, 1995 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 5th day of July, 1995 . STATE OF ILLINOIS ) ss . COUNTY OF KANE CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois . I further certify that on June 28, 1995, the Corporate Authorities of such municipality passed and approved Ordinance No. G47-95, entitled An Ordinance Amending Chapter 7 . 04 Entitled "Dogs" of the Elgin Municipal Code, 1976, as Amended, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G47-95, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on July 5, 1995, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on July 5, 1995 . Municipal Clerk (SEAL) tew t.1.114 Ordinance No. G47-95 AN ORDINANCE AMENDING CHAPTER 7 . 04 ENTITLED "DOGS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Chapter 7 . 04 entitled "Dogs" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by changing the title of the chapter to "Dogs and Cats" . Section 2 . That Chapter 7 . 04 entitled "Dogs" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by amending Section 7 . 04 . 010 to read as fol- lows : 7 . 04 . 010 Definitions . As used in this chapter, the word: A. "Dog" includes all animals of the canine species : male, female, and neutered. B. "Cat" includes all animals of the feline species : male, female, and neutered. C. "Person" or "owner" means any person, corporation, or firm who: 1 . Has a right of property to a dog or cat; 2 . Keeps or harbors a dog or cat; 3 . Has a dog or cat in his care; or 4 . Acts as a custodian of a dog or cat. Section 3 . That Chapter 7 . 04 entitled "Dogs" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 7 . 04 . 030 to read as fol- lows : 7 . 04 . 030 Rabies Inoculation and License-Required. A. No dog or cat shall be permitted to be kept in the city unless properly inoculated for rabies as required by law and unless licensed by the city as provided by this section. B. Prior to issuing a license for any such dog or cat 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 or cat has a current inoculation for rabies . C. All dogs and cats over six months of age kept in the city shall be registered annually 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 annually) shall be issued to owner. It shall be the duty of the owner to cause the license to be securely attached around the licensed animal ' s neck and kept there during license period. Section 4 . That Chapter 7 . 04 entitled "Dogs" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 7 . 04 . 040(A) to read as follows : 7 . 04 . 040 License-Fees . A. At the time of registration, the owner shall pay the sum of $5 . 00 for sterilized dogs, $20 .00 for unsterilized dogs, and $10 for unsterilized cats . No fee shall be payable for registration of sterilized cats . Section 5 . That Chapter 7 . 04 entitled "Dogs" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 7 . 04 . 080 to read as fol- lows : 7 . 04 .080 Diseased Dogs or Cats . A "diseased dog or cat" is defined to be a dog or cat which is likely carrying hydrophobia (rabies) or any other contagious disease. No such dog or cat shall be permitted in the city. Section 6 . That Chapter 7 .04 entitled "Dogs" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by amending Section 7 . 04 . 090 to read as fol- lows : 7 . 04 . 090 Defecation-Nuisance Declaration. It is a public nuisance for any person to cause or allow any dog or cat 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 or cat; provided, however, that any such defecation is completely and promptly removed by the owner or keeper, the terms of this section shall not be found applicable. Section 7 . That Chapter 7 . 04 entitled "Dogs" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 7 . 04 . 100 to read as fol- lows : AMM 7 . 04 . 100 Damage to Property. No person shall without the consent of the owner of the property concerned, permit or allow any dog or cat in his custody or control to enter upon the premises of another within the city, or permit or allow any dog or cat 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 or cat shall be liable for damage incurred. Section 8 . That Chapter 7 .04 entitled "Dogs" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by amending Section 7 . 04 . 130 to read as fol- lows : 7 . 04 . 130 Animal Bites-Owner's Duties . It is unlawful for the owner or keeper of any dog or cat or other animal when notified that such 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 few or cat or other animal or allow such dog or cat 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 cat or animal in a duly licensed veterinary hospital where such dog or cat or animal shall be confined for a period of at least ten days for observation, or cause to be delivered, any such dog or cat or animal to offer for required observation. In case such dog or cat or other 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 cat or other animal, and upon receipt of such dog or cat or animal, the veterinary hospital shall submit to the officer a certificate stating that such dog or cat or other animal either shows no symptoms of rabies or does show symptoms of rabies. If, at the expiration of the the ten days of confinement in such veterinary hospital, the veterinary hospital submits to the officer a second certificate stating that the dog or cat or other animal does not have rabies, the dog or cat or other animal may then be released to the owner. B. If, however, evidence is presented that such dog or cat or animal has been inoculated against rabies within the time prescribed by law prior to the biting, such dog or cat or animal shall . be confined in the house of its owner or in a manner that will prohibit such dog or cat or other 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 cat or animal should be confined elsewhere. Such dog or cat 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 cat or other animal does not have rabies, the dog or cat or other animal may be released to the owner. C. The owner of any dog or cat or other animal suspected to have been involved in a biting incident may be required to surrender the dog, cat or animal to officer upon demand. D. When an officer believes that a dog or cat or other animal may present a danger to the public by its propensity to bite or otherwise injured person, such officer shall notify the appropriate circuit court of the situation and apply for an order of removal or destruction of the animal . eau. Section 9 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 10. That this ordinance shall be in full force and effect immediately after its passage in the manner provid- ed by law. Kevin Kelly, Mayo Presented: June 28, 1995 Passed: June 28, 1995 Vote: Yeas 4 Nays 3 Recorded: June 29, 1995 Published: June 30, 1995 Attest: Dolonna Mecu , City Clerk re-