Chapter 13 "Dogs and Other Animals"
SECTION 13.1 CRUELTY AND ABANDONMENT. It shall be unlawful fo any person to cruelly treat any animal in the Village of Colfax in any way. It shall be unlawful for any person to inhumanely beat, underfeed, overload or abandon any animal in the Village.
SECTION 13.2 DANGEROUS ANIMALS. It shall be unlawful to permit any dangerous animal or vicious animal of any kind to run at large with in the Village. Exhibitions or parades of animals which are ferae naturea in the eyes of the law may be conducted only pursuant to a permit issued by the Mayor with the advice and consent of the Board of Trustees.
SECTION 13.3 NOISES. It shall be unlawful to harbor or keep any animal which disturbs the peace by loud noises at any time day or night.
SECTION 13.4 STRAYS. It shall be unlawful to permit any dog, cat, cattle, horse, swine, sheep, goats or poultry to run at large in the Village. Any such animal running at large in any public place in the Village shall be impounded in the manner provided in the following article. It shall further be unlawful to picket or tie any such animal in any of the streets of the Village for the purposes of grazing or feeding.
SECTION 13.5 KILLING DANGEROUS ANIMALS. The members of the Police Department, the animal control officer, or any other person authorized by the Village are hereby authorized to kill any dangerous animals of any kind when it is necessary for the protection of any person or property.
SECTION 13.6 DISEASED ANIMALS. No domestic animal afflicted with any contagious disease or infectious disease shall be allowed to run at large, or to be exposed in any public place whereby the health of man or beast may be affected; nor shall such diseased animal be shipped or removed from the premises of the owner thereof, except as provided by State Law.
SECTION 13.7 HOUSING. No person shall cause or allow any stable or place where an animal is or may be kept to become unclean or unwholesome and it shall be unlawful to keep, propagate or culture any live swine or pigs, cattle, sheep, horses, pigeons, poultry or any form of livestock in the Village.
SECTION 13.8 DISRUPTION OF GARBAGE. It shall be unlawful for any animal to teat up, break into, or disrupt any container which holds garbage, trash, or debris. The owner of every animal shall be responsible for the behavior of his/her animal under the provisions of this ordinance.
SECTION 13.9 RABIES, INOCULATIONS AND TAG.
A. Inoculation Against Rabies. It shall be the duty of every owner who keeps, harbors, or otherwise maintains a dog or cat more than four months of age in the Village to have the same inoculated against rabies by a licensed veteranarian. Dogs must have a valid rabies certificate according to the laws of the State of Illinois. For dogs, the type and brand of the anti-rabies vaccine used and the method of inoculation shall be in accordance with and evidenced by a rabies tag specified by the applicable laws of the State of Illinois. Any dog or cat which is not inoculated against rabies as required herein is hereby declared to be a public nuisance, and such dog or cat may be apprehended and impounded.
B. Collar and Tag. Every owner shall provide each dog more than four months of age kept, harbored, or otherwise maintained by him in the Village with a sturdy collar to which the aforesaid rabies tag shall be securely fastened, and it shall be worn at all times by the dog when off the owner's premises.
C. Unauthorized Removal of Tag. It shall be unlawful for any person, other that a police official, Animal Control Officer, or other person charged with the enforcement of this Ordinance, to remove a rabies tag from any dog without the owner's consent.
SECTION 13.10 RUNNING AT LARGE.
A. Running at large means off the premises of the owner and not under physical restraint by means of a leash, cord, or chain, or confined by means of a secure enclosure. It shall be unlawful to permit to run at large any dog or cat on the streets, parks, or public ways of the Village, or on private property where the owner or person in control of the private property has not granted permission for the dog or cat to be on the private property. If any dog or cat shall be found running at large upon public property or upon the private premises of any person other than the owner or keeper of the dog or cat, the owner or keeper of the dog or cat shall be deemed guilty of violtion of this section. The provisions of thisSection shall not apply to dogs leading blind persons, or to dogs or cats exhibited at dog, cat or pet shows or dag training schools, or dogs belonging to a law enforcement agency being used for law enforcement purposes. A violation of this section shall be considered an absolute liability offense.
B. Impoundment. Any dog or cat which runs at large is hereby declared to be a public nuisance and such dog or cat may be apprehended and impounded if found running at large by any police officer, animal control officer, or other person authorized by the Village.
Section 13.11 DANGEROUS DOGS. Any dangerous or vicious dogs shall be confined by the owner at all times in such a manner that it cannot reach persons who may have occasion to lawfully enter upon said premises. Any dangerous or vicious dog shall be leashed and muzzled at all times when not confined.
A dangerous dog means any dog which in an aggressive or terrorizing manner approaches any person in an apparent attitude of attack on any street, sidewalk or public property or private property other that the property of the owner of the dog.
A vicious dog means any dog that, when unprovoked, bites a human being while on public or private property; or
Any dog which displays a propensity, tendency, or disposition to attack without provocation any human being in such a manner as to endanger a per; or
Any dogwhich has been found to be a dangerous dog on three seperate occasions.
No dog shall be deemed dangerous or vicious if it bites, attacks, or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it or is performing in the line of duty as a professionally trained dog for law enforcement duties.
SECTION 13.12 ANIMAL BITES. It shall be the duty of the owner of any animal to prevent such animal from biting or attacking any person in the Village, and , if a person is bitten by an animal, he shall report the incidnet to the Police Department or Animal Control Officer immediatley.
Any animal which may unprovokedly bite or attack any person in the Village is hereby declared to be a public nuisance and such animal may be apprehended by a police officer or Village animal control officer.
If any owner has notice that his animal has bitten any person, it shall be unlawful for such owner to kill such animal, or sell or give such animal away, or to permit or allow such animal to be taken beyond the limits of the Village except to a licensed veterinary hospital, but it shall be the duty of such owner to immediatley report the incident to the Police or Village animal control officer, and to place such animal in a licensed veterinary hospital where such animal may be quarantined for a period of at least ten days upon the request of any police officer or the Village animal control officer. The owner shall immediatley furnish the Police Department or Village animal control officer with the name and location of said hospital and a certificate of a licensed veterinarian stating whether or not such animal shows symptoms of rabies. At the expiration of the quarantine period, and prior to the release of such animal, the owner shall furnish the Police Department or Vilage animal control officer with a certificate of a licensed veterinarian stating that such animal does not have rabies. All costs of maintaining the animal in the veterinary hospital shall be the obligation and responsiblity of the owner and shall be paid by said owner.
In all cases where any animal has bitten a person and is slain or dies within ten days from the time of the bite, it shall be the duty of the person slaying such animal and the owner of such animal to notify the Police Department or the Village animal control officer and to immediatley deliver the carcass of such animal intact to such Department, or cause the same to be done.
SECTION 13.13 DISTURBING QUIET AND DAMAGING PROPERTY. It shall be unlawful for an owner to keep, harbor or otherwise maintain a dog in the Village which shall disturb the quiet of any person or neighborhood, or which shall attack any person, or which shall cause danger or fear to any person or neighborhood.
SECTION 13.14 SANITATION. It shall be unlawful for the owner or person in control of any dog to permit such animal to deposit dung on any public street, alley, parkway or other public place or on any private property without the consent of the owner of the property. It shall be an affirmative defense that the dung was immediatley picked up and properly disposed of. It shall be unlawful for the owner of any premises to permit dung to accumulate on property such that it causes noxious odors or flies to accumulate.
SECTION 13.15 FEMALE DOG IN HEAT. The owner of a female dog in heat shall not keep, harbor or otherwise maintain such dog in the Village unless the same is confined in a kennel or veterinary hospital or in an enclosed building on the owner's property during the entire period such dog is in heat. Any female dog in heat which is not confined is hereby declared to be a public nuisance and may be apprehended and impounded upon order of the Chief of Police or the Village Animal Control Officer.
SECTION 13.16 RABIES. Any dog, cat, or other animal suffering from rabies is hereby declared to be a public nuisance and such dog, cat or other animal may be slain by any police officer or animal control officer, if the same cannot be safely apprehended and impounded. It shall be the duty of any person keeping, harboring or otherwise maintaining any such dog, cat, or other animal to place it immediatley in a veterinary hospital, or upon demand, to surrender such dog, cat, or other animal to any police officer of the Village or the Village Animal Control Officer.
It shall be the duty of every person who discovers that any dog, cat or other animal is suffering with rabies or that any dog, cat, or other animal has been bitten by a dog, cat, or other animal suffering with rabies to report such fact immediatley to the Police Department or the Village Animal Control Officer. Such report shall give the name, if known, and the place of residence of the person keeping, harboring or otherwise maintaining any such dog or other animal, the place where the same can be found, and the license number of any dog, if known. Any such dog or other animal shall be immediatley confined in a veterinary hospital, or taken up and impounded and securely kept until it can be determined whether any such dog, cat, or other animal is suffering with rabies.
SECTION 13.17 UNLAWFUL TREATMENT OF ANIMALS. It shall be unlawful for any person to maliciously shoot, poison, kill, injure, abuse or ill-treat any animal. Any person who kills or injures a dog or cat while driving a vehicle shall stop at the scene of the accident and render such assistance a practicable and shall immediatley report the incident to the Police Department or the Village Animal Control Officer.
SECTION 13.18 HINDERING ENFORCEMENT. It shall be unlawful to hinder or molest any police officer, or the Village Animal Control Officer, or other person or corporation engaged in the enforcement of this ordinance.
SECTION 13.19 EXCEPTIONS. The provisions of this article shall not apply to dogs or cats receiving treatment or temporary care in a veterinary hospital, boarding kennels or pet shops.
SECTION 13.20 ENFORCEMENT. The Chief of Police and the Village Animal Control Officer are hereby authorized and directed to enforce this Ordinance. The Village Board of Trustees may, from time to time, and upon such terms and conditions as it deems proper, contract with any qualified person or corporation, and may, pursuant to said contract, provide said person or corporation with the power to enforce the provisions of this ordinance. In the absence of the appointment by the Village Board of Trustees of any other person or company as poundmaster, the Village Animal Control Officer shall be the poundmaster, and the Chief of Police and the other members of the Police Department shall assist him in carrying out the provisions of this ordinance.
SECTION 13.21 APPOINTMENT OF ANIMAL CONTROL OFFICER. The Village Board of Trustees may, from time to time, and upon such terms and conditions as it deems proper, contract with any qualified person, firm or coprporation, and the Mayor, by and with the advice and consent of the Board, may appoint such person, firm or corporation as the Village Animal Control Officer and he shall be ex-officio poundmaster of and for the Village.
SECTION 13.22 TRAPPING STRAY OR WILD ANIMALS.
A. No person shall set a trap with the intention of capturing a cat or dog in the Village except under the following circumstances:
1. The Village Mayor or his designee has determined that a nuisance situation exists, and;
2. The Mayor or his designee has authorized the trap; and
3. Notice has been sent either in writing at least five days in advance of the placement of the trap to the property owners abutting the property upon which the trap is to be placed, or a sign is placed in front of the property where the trap is to be placed five days in advance of the placement indicating that a trap will be set.
B. The foregoing shall not apply to the following situations:
1. To authorized person(s) attempting to catch suspected rabid, dangerous or vicious animals, or animals which may be injured and in need of veterinary treatment.
2. To authorized not for profit associations engaging in trap-neuter-release programs in situations where thoses programs do not create or further a nuisance in the Village.
3. In emergency situations where the trapping of cats or dogs is needed to protect the health and safety of the public or it pets as determined by the Village Mayor or his designee.
C. No person shall disturb any trap or release any animal from any trap placed pursuant to this section.
SECTION 13.23 IMPOUNDMENT PRACTICES.
A. Record of Impoundment. Immediatley after receiving an animal for impounding, the Animal Control Officer, or his designee, shall record a description of the animal impounded, the date of the impoundment and whether such animal has a proper rabies tag.
B. Search for Record Owner. The Animal Control Officer shall upon receiving an animal for impoundment inspect the animal for a rabies tag, microchip, or other tag indicating the owner of the animal.
C. Notice of Impoundment. The Animal Control Officer shall send written notice to a known owner within two business days of receiving an animal for impoundment informing the known owner of any animal being held by the Animal Control Officer.
D. Fees. The owner of any impounded dog may redeem the animal by paying a Village release fee of $25.00, and all fees required by the impoundment facility. The owner of any cat or other animal other than a dog may redeem the cat or other animal by paying the fees required by the impoundment facility.
E. Required Inoculations. No dog or cat shall be released from impoundment until proof of all required rabies inoculations have been presented.
F. Post-impoundment Hearing. An owner of an y animal impounded pursuant to this ordinance may request a hearing before the Village Mayor, or his designee, regarding the authority of the impoundment facility to impound the animal. The hearing shall take place within five business days of the hearing request. The Mayor, or his designee, may order the animal released from impoundment, with or without payment of any fees, or held in compliance with this ordinance. At any hearing pursuant to this Section, the Mayor or his designee may consider hearsay evidence, including, but not limited to, reports of animal control officers. Upon request for a hearing, the Mayor or his designee shall immediatley give notice to the Animal Control Officer. No animal may be disposed of until seven (7) days after the decision of the Mayor or his designee.
G. Disposition of unredeemed animals. Animals not redeemed by the owner or any person are hereby declared a public nuisance. Animals for which the impoundment facility had determined an owner may be disposed of in accordance with the provisions of State Law seven (7) days after notice has been sent to the owner. Animals for which the impound facility has not been able to determine an owner may be disposed of in accordance with Satate Law three (3) business days after the animal was received by the impoundment facility. The Animal Control Officer shall make reasonable efforts to find adoptive homes for unredeemed animals prior to disposing of the animals.
SECTION 13.24 NUMBER OF ANIMALS. It shall be unlawful for any person to own, keep, harbor or possess more than two dogs or more that two cats or more than two of any species of animal in any one dwelling unit or the premises surrounding a dwelling unit. It shall be unlawful for the owner of any premises to permit any person to own, keep, harbor or possess more than two dogs or more than two cats or more than two animals of any species in any one dwelling unit or the premises surrounding a dwelling unit. The foregoing shall not apply to any animals less than six months old.
SECTION 13.25 PENALTY. Any person convicted of any violation of the provisions of this ordinance where no other penalty is provided, shall be fined not less than $50.00 nor more than $500.00. Each day that any such violation or failure continues shall be considered as a seperate and distinct offense and shall be punishable as such.
SECTION 13.26 ANIMAL CONTROL INTERGOVERNMENTAL AGREEMENT. Authorization is hereby granted to the Mayor to enter into and to execute on the behalf of the Village an animal contol intergovernmental agreement with the McLean County Board of Health to provide quality shelter for dogs or other animals subject to impoundment as provided by the State Animal Control Act, ordinances enacted by the County of McLean pursuant to said Act, and ordinances enacted by the Village. A copy of said animal control intergovernmental agreement is attached hereto and made a part hereof.