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2001-067o • ORDINANCE NUMBER 2001- 67 AN ORDINANCE AMENDING TITLE 6, ANIMALS, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; NOW THEREFORE BE IT ORDAINED THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. Section 6.04.020 of the Village of Buffalo Grove Municipal Code is amended to read as follows: 6.04.020 Definitions. For the purposes of this Title, the definitions set forth in this section shall apply: A. "Animal" means every living creature, domestic or wild, not including human beings. B. "Animal Control Center" means a place designated by the Village Police Department for the housing of animals in the temporary custody of the Village. C. "Dangerous animal" means: 1. Any animal which has inflicted injury on, or has bitten a human being without provocation on public or private property; or 2. Any animal which has attacked a domestic animal without provocation while off the owner's property, unless the animal is found to be "potentially dangerous" under the provisions of sub - section J; or 3. Any individual animal with a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or 4. Any individual animal that has a trait or characteristic and a generally known reputation for viciousness, dangerousness or unprovoked attacks on human beings or other animals, unless handled in a particular manner or with special equipment, excluding dogs used as part of a law enforcement program; or 5. Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; and 6. Represents a significant threat to the health or safety of the public. Dangerous animals shall not be classified in a manner that is specific to breed. No dog shall be deemed a dangerous animal if it is a dog owned by a law enforcement agency. D. "Found to be a dangerous animal" means: 1. A member of the Police Department has conducted an investigation and made a finding, in writing, that the animal is a dangerous animal as defined in this section and the owner of the animal having been notified in writing has not appealed the finding of the Police Department to the Hearing Board within five days of mailing of such notice; or 2. The owner of an animal found to be a dangerous animal by a member of the Police Department has appealed such finding to the Hearing Board within five days of mailing of such notice and the Hearing Board has sustained the finding of the Police Department; or 3. The Circuit Court has found the animal to be a dangerous animal as defined in this section and has entered an order based on that finding; or 4. The Circuit Court has found the dog to be a vicious dog as defined in the Illinois Animal Control Act and has entered an order based on that finding; and 5. Represents a significant threat to the health or safety of the public. E. "Found to be a potentially dangerous animal" means: 1. A member of the Police Department has conducted an investigation and made a finding, in writing, that the animal is a potentially dangerous animal as defined in this section and the owner of the animal having been notified in writing has not appealed the finding of the Police Department to the Hearing Board within five days of mailing of such notice; or 2. The owner of a dog found to be a potentially dangerous dog by a member of the Police Department has appealed such finding to the Hearing Board within five days of mailing of such notice and the Hearing Board has sustained the finding of the Police Department; or 3. The Circuit Court has found the animal to be a potentially dangerous animal as defined in this section and has entered an order based on that finding; and 4. May represent a significant threat to the health or safety of the public. F. "Has bitten" means has been seized with the teeth or jaws so that the person seized has been nipped, gripped, wounded or pierced. G. Hearing Board. The Village Manager, or a designee of the Village Manager, shall select a board of three individuals which may consist of the Village Manager, or a designee of the Village Manager, the Village Trustee Liaison to the Board of Health and the Village Health Officer. H. "Owner" means any person who: 1. Has a right of property in an animal; 2. Keeps an animal; or 3. Has an animal in his or her care, custody or control; or 4. Knowingly permits an animal to remain on or about any premises occupied by him or her. 1. "Pit Bull Terrier" means the American Pit Bull Terrier breed of dog, the Staffordshire Bull Terrier breed of dog, the American Staffordshire Terrier breed of dog, or any dog which predominately possesses the physical characteristics of the American Pit Bull Terrier breed, the Staffordshire Bull Terrier breed, or the American Staffordshire Terrier breed of dog, or any dog exhibiting a majority of the distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or the United Kennel Club for any of these breeds. 0 0 J. "Potentially dangerous animal" means any animal which; 1. when unprovoked, chases or approaches a person upon any public or private property in a menacing fashion or apparent attitude of attack; or 2. has attacked a domestic animal without provocation while off the owners property; and 3. may represent a significant threat to the health or safety of the public. No dog shall be deemed a potentially dangerous animal if it is a dog owned by a law enforcement agency. K. " Rottweiler" means the Rottweiler breed of dog, or any dog exhibiting a majority of the distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or the United Kennel Club for the Rottweiler breed of dog. L. "Run at large" means a dog free of restraint and off the premises of the owner. M. "Special enclosure" means a structure of at least five feet in height, but no higher than six feet in height with secure sides, top and bottom forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine an animal in conjunction with other measures which may be taken by the owner or keeper. Such enclosure shall be located a minimum of twenty feet from any lot line and shall be securely closed and locked whenever the animal is enclosed within the structure. Such enclosure shall have a self - closing and selflatching gate and shall be securely locked, in a manner that ensures that only authorized persons may open it with a key, code or similar security device and the enclosure shall be so designed, installed and maintained with secure sides, top and bottom designed to prevent the animal from escaping from the enclosure. (Ord. 97 -87 _ 1, 1997: Ord. 97 -22 _ 1 (part), 1997). Section 2. Section 6.04.030 of the Village of Buffalo Grove Municipal Code is amended to read as follows: 6.04.030 Hearing Board -- Authority and procedures. A. The Hearing Board shall have the power and authority to: 1. Hear an appeal by an owner, of the Police Department's finding of a dangerous animal, or a potentially dangerous animal. 2. Conduct a hearing on the reclassification of a found to be potentially dangerous animal. 3. Sustain, overrule or modify the Police Department's finding of found to be a potentially dangerous animal, or found to be a dangerous animal. 4. Impose limitations, restrictions, or additional requirements on animals found to be dangerous, or found to be potentially dangerous or the Owners thereof. B. During the Hearing Board's hearing, the owner shall have the opportunity to present evidence that the animal is not a dangerous animal, a potentially dangerous animal or that the animal has been rehabilitated. (Ord. 97 -72 _ 1 (part), 1997). C. Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication. AYES: 6- Marienthal Braiman Glover Berman Johnson and Kahn NAYS: 0 -None ABSENT: 0 -None PASSED: October 15, 2001 APPROVED: October 15, 2001 PUBLICATION: October 16, 2001 Village President ATTEST: Villag Jerk VILLAGE OF BUFFALO GRO VE ORDINANCE NO. 2001- 61 ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE 2511�UDAY FFALO GRO C������ THIS OF� , 200r Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffa o Grove, C:z0=1 s, Illinois, this day of 2001 `7�. Village Clerk By,. puty Village Clerk ORDINANCE NUMBER 2001- 67 AN ORDINANCE AMENDING TITLE 6, ANIMALS, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; NOW THEREFORE BE IT ORDAINED THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1, Section 6.04.020 of the Village of Buffalo Grove Municipal Code is amended to read as follows: 6.04.020 Definitions. For the purposes of this Title, the definitions set forth in this section shall apply: A. "Animal" means every living creature, domestic or wild, not including human beings. B. " Animal Control Center" means a place designated by the Village Police Department for the housing of animals in the temporary custody of the Village. C. "Dangerous animal" means: 1. Any animal which has inflicted injury on, or has bitten a human being without provocation on public or private property; or 2. Any animal which has attacked a domestic animal without provocation while off the owner's property, unless the animal is found to be "potentially dangerous" under the provisions of sub - section J; or 3. Any individual animal with a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or 4. Any individual animal that has a trait or characteristic and a generally known reputation for viciousness, dangerousness or unprovoked attacks on human beings or other animals, unless handled in a particular manner or with special equipment, excluding dogs used as part of a law enforcement program; or 5. Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; and 6. Represents a significant threat to the health or safety of the public. Dangerous animals shall not be classified in a manner that is specific to breed. No dog shall be deemed a dangerous animal if it is a dog owned by a law enforcement agency. D. "Found to be a dangerous animal" means: 1. A member of the Police Department has conducted an investigation and made a finding, in writing, that the animal is a dangerous animal as defined in this section and the owner of the animal having been notified in writing has not appealed the finding of the Police Department to the Hearing Board within five days of mailing of such notice; or 2. The owner of an animal found to be a dangerous animal by a member of the Police Department has appealed such finding to the Hearing Board within five days of mailing of such notice and the Hearing Board has sustained the finding of the Police Department; or 3. The Circuit Court has found the animal to be a dangerous animal as defined in this section and has entered an order based on that finding; or 4. The Circuit Court has found the dog to be a vicious dog as defined in the Illinois Animal Control Act and has entered an order based on that finding; and 5. Represents a significant threat to the health or safety of the public. E. "Found to be a potentially dangerous animal' means: 1. A member of the Police Department has conducted an investigation and made a finding, in writing, that the animal is a potentially dangerous animal as defined in this section and the owner of the animal having been notified in writing has not appealed the finding of the Police Department to the Hearing Board within five days of mailing of such notice; or 2. The owner of a dog found to be a potentially dangerous dog by a member of the Police Department has appealed such finding to the Hearing Board within five days. of mailing of such notice and the Hearing Board has sustained the finding of the Police Department; or 3. The Circuit Court has found the animal to be a potentially dangerous animal as defined in this section and has entered an order based on that finding; and 4. May represent a significant threat to the health or safety of the public. F. "Has bitten" means has been seized with the teeth or jaws so that the person seized has been nipped, gripped, wounded or pierced. G. Hearing Board. The Village Manager, or a designee of the Village Manager, shall select a board of three individuals which may consist of the Village Manager, or a designee of the Village Manager, the Village Trustee Liaison to the Board of Health and the Village Health Officer. H. "Owner" means any person who: 1. Has a right of property in an animal; 2. Keeps an animal; or 3. Has an animal in his or her care, custody or control; or 4. Knowingly permits an animal to remain on or about any premises occupied by him or her. I. "Pit Bull Terrier" means the American Pit Bull Terrier breed of dog, the Staffordshire Bull Terrier breed of dog, the American Staffordshire Terrier breed of dog, or any dog which predominately possesses the physical characteristics of the American Pit Bull Terrier breed, the Staffordshire Bull Terrier breed, or the American Staffordshire Terrier breed of dog, or any dog exhibiting a majority of the distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or the United Kennel Club for any of these breeds. J. "Potentially dangerous animal" means any animal which; 1. when unprovoked, chases or approaches a person upon any public or private property in a menacing fashion or apparent attitude of attack; or 2. has attacked a domestic animal without provocation while off the owners property; and 3. may represent a significant threat to the health or safety of the public. No dog shall be deemed a potentially dangerous animal if it is a dog owned by a law enforcement agency. K. " Rottweiler" means the.Rottweiler breed of dog, or any dog exhibiting a majority of the distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or the United Kennel Club for the Rottweiler breed of dog. L. "Run at large" means a dog free of restraint and off the premises of the owner. M. "Special enclosure" means a structure of at least five feet in height, but no higher than six feet in height with secure sides, top and bottom forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine an animal in conjunction with other measures which may be taken by the owner or keeper. Such enclosure shall be located a minimum of twenty feet from any lot line and shall be securely closed and locked whenever the animal is enclosed within the structure. Such enclosure shall have a self - closing and selflatching gate and shall be securely locked, in a manner that ensures that only authorized persons may open it with a key, code or similar security device and the enclosure shall be so designed, installed and maintained with secure sides, top and bottom designed to prevent the animal from escaping from the enclosure. (Ord. 97 -87 _ 1, 1997: Ord. 97 -22 _ 1 (part), 1997). Section 2 Section 6.04.030 of the Village of Buffalo Grove Municipal Code is amended to read as follows: 6.04.030 Hearing Board -- Authority and procedures. A. The Hearing Board shall have the power and authority to: 1. Hear an appeal by an owner, of the Police Department's finding of a dangerous animal, or a potentially dangerous animal. 2. Conduct a hearing on the reclassification of a found to be potentially dangerous animal. 3. Sustain, overrule or modify the Police Department's finding of found to be a potentially dangerous animal, or found to be a dangerous animal. 4. Impose limitations, restrictions, or additional requirements on animals found to be dangerous, or found to be potentially dangerous or the Owners thereof. B. During the Hearing Board's hearing, the owner shall have the opportunity to present evidence that the animal is not a dangerous animal, a potentially dangerous animal or that the animal has been rehabilitated. (Ord. 97 -72 _ 1 (part), 1997). Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication. AYES: 6- Marienthal Braiman Glover. Berman Johnson and Kahn NAYS: 0 -None ABSENT: 0 -None PASSED: October 15 2001 APPROVED: October 15, 2001 PUBLICATION: October 16, 2001 ATTEST: Villag' Jerk cet��O� z-14-4VCC---- Village President 0