1997-087ORDINANCE NUMBER 97- 8 7
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; or
(3) Any individual animal with a known propensity, tendency or
1
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 (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
2
(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.
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.
3
"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, 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.
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 (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.
4
Section 2. Section 6.12.1'25 is added to Chapter 6.12 of the Village of Buffalo
Grove Municipal Code, to read as follows:
6.12.125 Rottweilers and Pit Bull Terriers
Owners of Rottweilers and Pit Bull Terriers shall comply with the following
requirements:
A. No owner shall permit a Rottweiler, or a Pit Bull Terrier, off of the owner's
premises unless it is on a non - retractable leash no longer than six (6) feet in
length.
B. No owner shall permit a Rottweiler, or a Pit Bull Terrier, off of the owner's
premises except when it is in the care and control of the owner, or a family
member, sixteen (16) years of age or older.
C. The owner of a Rottweiler, or a Pit Bull Terrier:
1. Within one (1) year of obtaining a village license thereon, shall be
required to install a "special enclosure ", or enclose the yard with a
fence, and to keep the animal within the "special enclosure ", or fence,
at all times the animal is not within the owner's residence; or
2. Shall keep the animal on a non - retractable leash no longer than six
(6) feet in length and in the care and control of the owner, or a family
member, sixteen (16) years of age or older, at all times the animal is
not within the owner's residence
D. A fenced yard shall meet the following requirements:
1. The fence shall be a minimum of five (5) feet in height, and
2. All gates shall be equipped with self - closing and self - latching
mechanisms designed to securely close and lock the gate.
E. The owner of a Rottweiler, or a Pit Bull Terrier shall display village approved
signage on all entrances to the property. Such sign shall state
"Beware of Dog" and shall be displayed in a conspicuous manner.
Section 3: This ordinance shall be effective on December 24, 1997 after its
5
passage, approval and publication. This Ordinance may be published in pamphlet
we "It
AYES: 4 - Rubin, Braiman, Glover, President Mathias
NAYES: 3 - Marienthal , Reid, Hendricks
ABSENT: 0 - None
PASSED: November 3 , 1997
APPROVED: November 3 , 1997
PUBLISHED: November 4 , 1997
ATTEST:' M41-
VILLAGE CLERK
Z
r i
VILLAGE PRESIDENT
ORDINANCE NO. 97 72
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
Fill �i 10 E. lfl
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:
1
f
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.
3
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.
J. "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:
F11
lu
(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.
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
to I1-01Ml�►� I ii
6.08.010 Authority - Cause. r--
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.
6
n o
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
l
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. r-
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.
0
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
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
NAPES: - 2 — Reid, Glover
ABSENT: 0 - None
PASSED: September 22 , 1997
APPROVED:
September
22
, 1997
PUBLISHED:
September
23
1997
APPROVED:
ATTEST: • a4A�
LLAGE CLERK
hAwp \wpdocs \dog l6.wpd\9 /19/97
14
ORDINANCE NUMBER 97-.,..87
AN ORDINANCE AMENDING TITLE 69 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; or
(3) Any individual animal with a known propensity, tendency or
1
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 (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
2
(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.
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.
3
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, 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.
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 (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.
4
Section 2. Section 6.12.125 is added to Chapter 6.12 of the Village of Buffalo
Grove Municipal Code, to read as follows:
6.12.125 Rottweilers and Pit Bull Terriers
Owners of Rottweilers and Pit Bull Terriers shall comply with the following
requirements:
A. No owner shall permit a Rottweiler, or a Pit Bull Terrier, off of the owner's
premises unless it is on a non - retractable leash no longer than six (6) feet in
length.
B. No owner shall permit a Rottweiler, or a Pit Bull Terrier, off of the owner's
premises except when it is in the care and control of the owner, or a family
member, sixteen (16) years of age or older.
C. The owner of a Rottweiler, or a Pit Bull Terrier:
1. Within one (1) year of obtaining a village license thereon, shall be
required to install a "special enclosure ", or enclose the yard with a
fence, and to keep the animal within the "special enclosure ", or fence,
at all times the animal is not within the owner's residence; or
2. Shall keep the animal on a non - retractable leash no longer than six
(6) feet in length and in the care and control of the owner, or a family
member, sixteen (16) years of age or older, at all times the animal is
not within the owner's residence
D. A fenced yard shall meet the following requirements:
1. The fence shall be a minimum of five (5) feet in height, and
2. All gates shall be equipped with self - closing and self - latching
mechanisms designed to securely close and lock the gate.
E. The owner of a Rottweiler, or a Pit Bull Terrier shall display village approved
signage on all entrances to the property. Such sign shall state
"Beware of Dog" and shall be displayed in a conspicuous manner.
Section 3: This ordinance shall be effective on December 24, 1997 after its
�j
' • , • �h�
passage, approval and publication. This Ordinance may be published in pamphlet
form.
AYES: 4 - Rubin, Braiman, Glover, President Mathias
NAPES: 3 - Marienthal. Reid. Hendricks
ABSENT: 0 - None
PASSED: November 3 .1997
APPROVED: November 3 , 1997
PUBLISHED: November 4 ,1997
ATTEST: xz"_
A" VILLAGE CLERK
M
RA 4
VILLAGE PRESIDENT