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G41-15 Ordinance No. G41-15 AN ORDINANCE AMENDING CHAPTER 7.04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "DOGS, CATS, AND OTHER ANIMALS" WHEREAS, Title 7 of the Elgin Municipal Code, 1976, as amended, entitled "Animals" regulates the care and keeping of animals within the City of Elgin; and WHEREAS, the City of Elgin is a home rule unit and pursuant to Article VII Section 6 of the Illinois Constitution may exercise any power and perform any function pertaining to its government affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; and WHEREAS, regulations regarding the care and keeping of animals in the City of Elgin and regulations regarding dangerous dogs are within the City of Elgin's home rule power to enact police ordinances to regulate for the protection of public health, safety and welfare and is a subject within the city's home rule authority pertaining to the city's government and affairs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the foregoing recitals are incorporated into, and made part of this ordinance as, as findings of the City Council. Section 2. That Section 7.04.110 of the Elgin Municipal Code, 1976, as amended, entitled "Dangerous Dogs" be and is hereby further amended by adding a new subparagraph G thereto to read as follows: "G. Removal of Dangerous Dog Designation in Certain Cases: The owner of a dog which has been declared to be dangerous in a case which did not involve the biting or injury to a person or a domestic animal may file a written request with the Chief of Police to remove the dangerous dog designation thirty-six (36) months after the dangerous dog declaration was issued. Upon the receipt of such a written request, the Chief of Police shall remove the dangerous dog designation for a dog found to be dangerous in a case which did not involve the biting or injury to a person or a domestic animal if there have been no other violations of this chapter or other animal control regulations with respect to such dog and the owner of such dog since the date of designation as a dangerous dog." Section 3. That all ordinances or parts of ordinances in conflict with the provision of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. 1 AV 1/,vim David J. Ka Rain, ayor Presented: August 26, 2015 Passed: August 26, 2015 Vote: Yeas: 7 Nays: 1 Abstain: 1 . Recorded: August 26, 2015 ic' OF °ft • C• Published: August 28, 2015 •;:'065FlUk:p;S\-,;�' `_ •Attest: Kimberly Dewis, ity Clerk `,1 �; t�i! 2