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1997-072Ll ORDINANCE NO. 97 7 2 • 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. Title 6 of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: TITLE 6 ANIMALS CHAPTER 6.04 GENERAL PROVISIONS 6.04.010 Purpose. It is the purpose of this Title to protect animals from neglect and abuse, to protect residents from annoyance and injury by animals, to assure that animal owners are responsible and in control of their animals at all times, to assist in providing housing for animals in the custody of the Village, to cover the cost of licensing and caring for animals and to establish a program to discourage the excessive multiplication of animals. 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; 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 2 0 • animal having been notified in writing has not appealed the finding of the Police Department to the Hearing Board within five (5) days of mailing of such notice; or (2) the owner of a animal found to be a dangerous animal by a member of the Police Department has appealed such finding to the Hearing Board within five (5) 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 (5) 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 (5) 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. ki G. "Hearing Board" - The Village Manager, or a designee of the Village Manager, shall select a board of three (3 ) 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. "Potentially dangerous animal" means any animal which, when unprovoked, chases or approaches a person upon any public or private property in a menacing fashion or apparent attitude of attack and 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. I "Run at large" means a dog free of restraint and off the premises of the owner. K. "Special enclosure" means a structure of at least five (5) feet in height, but no higher than six (6) 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 (20) 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 self - latching 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. 6.04.030 Hearing Board - Authority and Procedures. A. The Hearing Board shall have the power and authority to: 4 (1) Hear an appeal by an owner, of the Police Department's fmding 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. 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. 6.04.040 Rehabilitation and Reclassification of a Found to be Potentially Dangerous Animal. A. No petition for the reclassification of a found to be a potentially dangerous animal will be considered for reclassification within one hundred eighty (180) days of the finding by the Police Department, or the finding of the Hearing Board. B. After said one hundred eighty (180) day time period the owner may petition the Police Department to have the designation "found to be potentially dangerous" removed. C. In order to be considered rehabilitated the following factors shall be reviewed: (1) An analysis of any reported incidents since the initial finding and designation of potentially dangerous. (2) A field investigation by the Police Department. (3) Written certification by an animal trainer, animal behaviorist or a veterinarian as approved by the Village Health Officer. (4) Written finding by the Police Department that the animal no longer meets the definition of a potentially dangerous animal as set forth in this Title. D. An owner shall have the right to petition the Hearing Board within seven (7) days of the Police Department's denial of reclassification. 5 6.04.050 Violation - Penalty. Any person violating the provisions of this Title shall be punished according to the provisions of Chapter 1.08 unless otherwise stated herein. CHAPTER 6.08 IMPOUNDMENT 6.08.010 Authority- Cause. A. The Village may impound any dangerous animal, potentially dangerous animal, dog running at large, or any animal maintained in violation of this Title. B. A member of the Police Department, for the purpose of carrying out the provisions of this Title, may enter upon private premises to apprehend a dangerous animal, an animal found to be a dangerous animal, a potentially dangerous animal, an animal found to be a potentially dangerous animal or any animal maintained in violation of this Title. If after request therefor, the owner of such animal shall refuse to deliver the animal to the officer the owner shall be in violation of this Title. C. If any animal cannot be safely taken and impounded when necessary for the protection of any person, including the police officer, or property, such animal may be slain by the police officer or person authorized by the Village; provided, however, that in all cases where any animal so slain has bitten any person or caused an abrasion to the skin of such person, effort should be made not to cause injury to the head of the animal and it shall be the duty of the person slaying the animal to immediately deliver the carcass to a licensed veterinarian to prepare the head and brain for delivery to the Cook or Lake County Rabies Control Department. 6.08.020 Notice to owner. Upon impoundment of any animal the Police Department shall notify the owner (if known) of the impoundment. Said notification shall be by means of telephone, personal contact or by mail. Such notice shall inform the owner of the procedure to regain custody of the animal. :1 6.08.030 Redemption. A. Any animal found to be a dangerous animal shall be impounded and thereafter may be destroyed in a humane fashion. B. If the owner of an animal, which has been found to be potentially dangerous and subsequently found not to be confined as set forth in Section 6.12.120, does not appeal the Village's impoundment of the animal to the Hearing Board within two (2) days of impounding the animal, the animal may be destroyed in a humane fashion. An animal found to be potentially dangerous, subsequent to impoundment, shall not be released to the owner until the owner complies with the requirements of Section 6.12.120. C. Any other animal impounded under the provisions of this Title may be redeemed at the Animal Control Center by the owner within five (5) days of impoundment, upon the payment of the following fees made payable to the Village: (1) Fifteen dollars per day or part thereof for each animal; and (2) One hundred dollars for animals not wearing a current license tag, plus payment of the license fee if the animal is unlicensed. (3) Fifty dollars for dogs running at large (4) One hundred dollars for second and subsequent offenses of a dog running at large. D. Sundays and holidays shall be counted as days for the purpose of this Section. The payment of the fees provided for in this section shall be in addition to any fines levied by the circuit court. The release of any impounded animal shall be contingent upon proof of valid rabies vaccination. 6.08.040 Disposition of animals not redeemed. Any animal not redeemed, as provided herein, shall be destroyed in a humane fashion unless the animal can be placed for adoption or placed with a humane society. No animal found to be a dangerous animal or found to be a potentially dangerous animal shall be placed for adoption. 6.08.050 Impounded animals; Interference: No unauthorized person shall interfere with the impounding of any animal, or shall 7 • release, any animal that has been impounded by the Village. CHAPTER 6.12 CARE AND CONTROL 6.12.010 Rabies vaccination. • It is the duty of all persons owning or keeping a dog or cat to have such animals vaccinated against rabies. The rabies vaccination shall be given in an amount sufficient to provide immunities from rabies for not to exceed three years and shall be administered by a licensed veterinarian. 6.12.020 License required. A. Any person owning or keeping within the Village limits any dog or cat, four months of age or over, shall obtain a license within ten days of acquiring such dog or cat, or becoming a resident of the Village. Written application for such license shall be made to the Village on forms provided by the Village. A current proof of rabies inoculation for a dog or cat shall be required at the time of the application for license, which shall certify that the inoculation is valid. Upon payment of a license fee, the Village shall issue a tag for each dog or cat. In the event a tag is lost, replacement tags costing one dollar may be purchased from the Village. No tag shall be transferred from one animal to another. The license shall expire on April 30th of each calendar year. New licenses, but not a renewal of a license for the previous year, shall be issued after November 1 st for a half -year fee. B.. , It is unlawful for the owner of any animal required to be licensed to keep such animal within the Village unless it wears a collar with the animal license tag for the current license year attached at all times the animal is off the premises of the owner. C. Nonresidents keeping dogs or cats within the Village for ten days or less shall be exempt from this Section; provided, however, that such animals have a license from the jurisdiction of the owner, if required, and that all the other provisions of this Title are complied with. D. The annual license fee shall be ten ($10) dollars for each dog or cat, except that the annual license fee for an animal found to be a potentially dangerous animal shall be fifty ($50) dollars, until reclassified. There shall be no license fee for dogs leading special needs persons, or dogs used as part of a 8 law enforcement program. 6.12.030 Unauthorized removal of collars, tags, muzzles. It is unlawful for any person, other than a member of the Police Department, licensed veterinarian or owner, or any person operating under the direction of any of the forgoing, to remove the collar, license tag or muzzle from any dog or cat within the Village without the consent of the owner of such animal. 6.12.040 Animal care. Each owner shall provide for each animal: A. Sufficient quantity of good and wholesome food and water; B. Adequate shelter and protection from the weather; C. Veterinary care when needed to prevent suffering; and D. Humane care and treatment. 6.12.050 Female dogs or cats in heat. Any person in control of a female dog or cat in heat shall confine such dog or cat in an enclosed area so as to preclude other dogs or cats from being attracted to or coming in contact with such female animal, except for planned breeding. 6.12.060 Responsibility for the removal of excrement. A.. The owner of every animal shall be responsible for the removal and sanitary disposal of any excrement deposited by the animal anywhere in the Village. The excrement shall be removed according to the following: (1) Excrement deposited on any public property within the Village shall be removed immediately. (2) Excrement deposited on any private property shall be removed within seventy -two hours. (3) Excrement deposited on any private property without the consent of the property owner shall be removed immediately. B. Animal excrement shall not be deposited in the storm sewer. E 6.12.070 Unlawful to run at large. A. It is unlawful for an owner to permit a dog, except on a leash controlled by the owner or a responsible person, to use or be upon any public street, sidewalk, parkway, public area or unenclosed premises within the Village. No leash shall be longer than eight feet in length. Unsupervised tethering of dogs is discouraged. Tethers, if used, shall be of sufficient strength and material to constrain the animal. Retractable leashes, when used, shall not be extended over eight (8) feet in length. B. The owner of every animal shall be in control of the animal at all times. C. It is unlawful for any dog to run at large in the Village. D. It is unlawful for any dog, cat or other domestic animal to enter upon the property of another without the consent of the property owner. Members of the Police Department or an Animal Control Officer may impound any animal that is found in violation of this Section. 6.12.080 Limitation on number of animals. A. No person shall keep more than one pigeon, or more than four (in the aggregate) of the following: rabbits, guinea pigs, gerbils, or fowl of any kind in the Village, except in pet shops. B. No person shall keep or permit more than a total of four dogs and/or cats over the age of four months to be or remain in or about any detached single - family residence, rooming house, building or lot, or more than a total of two dogs and /or cats in any other type of residence within the Village except in pet shops. C. The limitations of this section shall not apply to the following animals if kept as pets: caged birds (except for pigeons) and fish. 6.12.090 Prohibited animals. It is unlawful to keep any animal found to be a dangerous animal, protection dog, guard dog (except by special permit), pigs, swine, sheep, cattle, horses, goats, or similar animals, or any naturally wild animals, except birds or fish, within the Village. 6.12.095 Exceptions. Sections 6.12.080, 6.12.090 and 6.12.130 shall not apply to dogs owned by a law 10 enforcement agency, zoological parks, performing animal exhibitions, educational institutions, veterinary hospitals or animal shelters. 6.12.100 Diseased animals. No domestic animal afflicted with a contagious disease or an infectious disease shall be allowed to run at large or to be exposed in any public place where the health of other animals or a human being may be affected. 6.12.110 Animal bites. If an animal has bitten a person, the Police Department shall notify the owner of the animal of the steps that must be taken under the Rabies /Animal Control Ordinance of the county in which the bite took place, and of any other applicable statute. If the owner is not known, the police officer or animal control officer shall take such animal as soon as practicable to a licensed veterinarian or the proper animal shelter of the county in which the bite took place for observation and/or confinement as required by applicable county ordinances. 6.12.120 Found to be potentially dangerous animals. A. No owner shall permit any animal found to be a potentially dangerous animal to be allowed off the owner's premise, except as follows: (1) When it is securely muzzled, on a six foot non - retractable leash and within the control of a person eighteen (18) years of age or older, or (2) When it is caged. B. Animals found to be potentially dangerous, while on the premises of the owner, shall be: (1) confined within the owner's home, or (2) muzzled, and so restrained so as to be unable to leave the owners premises, or (3) confined within a "special enclosure" so that the animal . cannot attack persons lawfully on the premises. C. The premises shall have signage displayed, in a conspicuous manner, on any 11 and all entrances to the property, as well as on the special enclosure, warning that a potentially dangerous animal is on the premises. The sign on the special enclosure shall be visible and legible from fifty (50) feet away from the special enclosure. D. The owner shall apply, at the owners expense, to the Village for a special Village potentially dangerous animal license and identification tag. E. The Police Department, following retraining and reassessment of the animal, and upon petition of the owner, may remove this classification for any animal so classified. An owner shall only be allowed to file such petition for reclassification once within a calendar year. 6.12.130 Animals in public buildings and stores and on public property during festivals. It is unlawful for any dog, even though on a leash, to be in or enter any public building, food establishment, or any retail or wholesale establishment, except a retail store for the sale of animals, anywhere within the Village during the time that any of said places are open for use by the public. It is unlawful for any dog, even though on a leash, to be in or on any public property during festivals, or special events. This section shall not apply to dogs leading special needs persons or dogs used as part of a law enforcement program. 6.12.150 Miscellaneous offenses. No owner shall permit or suffer his or her animal to: A. Molest persons or vehicles by chasing or barking or biting; B. Attack other animals; C. Damage property other than that of the owner; D. Bark, whine or howl excessively; E. Create noxious or offensive odors. 6.12.160- Nuisance. Any animal that repeatedly violates the provisions of this Title constitutes a nuisance. 12 0 . I - . 0 6.12.170 Cruelty. A. No person or owner may abandon, cruelly beat, torment, overload, overwork, or otherwise abuse animals in a manner to cause unnecessary suffering. B. No person shall sell, offer for sale, or give away as a pet any rabbit or fowl which has been dyed, colored, or otherwise treated to impart an artificial color thereto. Baby chicks, ducklings, goslings or turtles shall not be sold, offered for sale, bartered or given away as pets or novelties. C. No person shall give away animals other than fish as a prize, or as an inducement to enter any competition or contest or a place of amusement; or offer such as an incentive to any business agreement for the purpose of attracting trade. D. No person shall expose any known poisonous substance, whether mixed with food or not, so that the same is liable to be eaten by any animal; provided that it is not unlawful for a person to expose on his or her own property common rat poison. 6.12.180 Birds, rabbits and squirrels. It is unlawful for any person to kill or wound, or attempt to kill or wound any squirrel or rabbit or bird, or for any person to take the eggs or young of any bird within the limits of the Village. Section 2: This ordinance shall be effective ninety (90) days after its passage, approval and publication. This Ordinance may be published in pamphlet form. 13 AYES: 4 - Marienthal, Rubin, Braiman, Hendricks NAYES: 2 - Reid, Glover ABSENT: 0 - None PASSED: September 22 , 1997 APPROVED: September 22 , 1997 PUBLISHED: September 23 , 1997 ATTEST: LLAGE CLERK hAwp \wpdocs\dog 16.wpd \9/ 12/9'7 14 VILLAGE PRESIDENT