6-1-2: DOGS AND CATS:

   A.   Lake County Ordinances Adopted: There is hereby adopted by reference, for the purpose of controlling dogs and cats within the village, the current animal control ordinances of Lake County, Illinois, a copy of such ordinance(s) to be kept on file in the office of the village clerk. (2003 Code)

   B.   Rabies Inoculation Required: Every owner of a dog or cat four (4) months of age or older, shall each year cause said dog or cat to be inoculated against rabies by a licensed veterinarian, and provide the dog or cat with a collar or harness and attach thereto an official rabies vaccination tag which shall be worn by the dog or cat at all times. However, if the vaccine used is one recognized by the state department of agriculture, for a three (3) year period of immunity and the dog or cat is over twelve (12) months of age at the time of inoculation, the interval between inoculation may be extended to three (3) years. (1976 Code § 98.004)

6-1-3: DOGS AND CATS; LIMITS ON NUMBER ALLOWED 1 :

   A.   Prohibition: It shall be unlawful for any person or owner to own, keep or harbor at any time more than the maximum number of dogs and cats in the village, as specified in this section.

   B.   Number Allowed:

 

Parcel Size (Acres)	Maximum Number Of Dogs, Cats Or Combination Allowed
Up to and including 1/2 acre	3
Over 1/2 acre (up to and including 11/2 acres)	4

 

   C.   Multi-Family Units: Households located within multi-unit structures (apartments, condominiums, etc.) will be limited to the number of dogs and cats specified for parcels sized up to one-half (1/2) acre; however, owners/landlords of such multi-unit housing, condominium associations or other applicable authorities, may further limit the number of animals in said units. (1976 Code § 98.015)

   D.   Multiple Animal Permits: For parcels larger than one and one- half (11/2) acres, a special multiple animal permit, as specified in this section, is required for the owning, keeping or harboring of five (5) or more dogs or cats. The limit for dogs and cats or any combination thereof is eight (8) under this permit. (1976 Code §§ 91.015, 91.021)

      1.   Applications by individuals for multiple animal permits shall be made to the village animal warden on forms prescribed by the village and shall be accompanied by the required annual fee of seventy five dollars ($75.00).

      2.   Each permit shall be issued for the term of one fiscal year or for such part thereof as remains at the time of the issuance of the permit. Each permit shall be renewed during the month of December every year. Each permit shall be signed by the village administrator or his designated representative and shall be issued under the seal of the village.

      3.   The village animal warden may refuse to issue or renew or may suspend or revoke a multiple animal permit on any one or more of the following grounds:

         a.   Material misstatement in the application for original permit or in the application for any renewal permit under this section.

         b.   Wilful disregard or prior history of violation of this section.

         c.   Wilfully aiding or abetting another in the violation of this section.

         d.   Allowing one's permit under this section to be used by another person.

         e.   Failure to allow the village animal control warden to annually, or unannounced, inspect the premises for sanitary conditions, proper ventilation, adequate nutrition, humane care and treatment, including required rabies vaccinations and registrations for all dogs and/or cats in the warden's jurisdiction.

   E.   Exemptions: Licensed kennel operators, pounds, animal shelters, pet shop operators and dog dealers, as defined in the Illinois animal welfare act 2 , existing before the effective date hereof, are exempt from this section.

   F.   Violations:

      1.   Any owner or person who keeps or harbors more than the permitted number of dogs or cats before the effective date hereof, shall not be allowed to obtain or replace dogs or cats that are in excess of that which is allowed. Such owners or persons shall be subject to a multiple pet permit as stipulated in this section.

      2.   Failure to comply with this section within fifteen (15) calendar days of receiving notice of violation of this section from the animal warden shall result in the issuance of a ticket for violation of this section. The court upon hearing evidence of the violation shall order removal by the animal warden of all animals in excess of that which is allowed. (1976 Code § 91.015)

 

Notes

1	1. See also subsection 5-1-5A8 of this code.
2	1. 510 ILCS 5/1.

6-1-4: KEEPING OF OTHER ANIMALS:

   A.   Cows, Hogs, Sheep And Cattle: The keeping of cows, hogs, sheep and cattle within the village is forbidden, with the exception of the keeping of Vietnamese potbellied pigs as provided in subsection B of this section.

   B.   Vietnamese Potbellied Pigs: Vietnamese potbellied pigs may be kept in residential areas when the Vietnamese potbellied pigs are kept solely for pet purposes and not for livestock or breeding purposes and do not constitute a nuisance as more fully defined in subsection 5-1-5A of this code. Only two (2) Vietnamese potbellied pigs shall be allowed per household. This subsection shall be applied to section 6-1-3 of this chapter in that a Vietnamese potbellied pig shall be included in the total number of pets allowed in section 6-1-3 of this chapter. (1976 Code § 91.021)

6-1-5: HORSES:

   A.   Keeping: No horse or other equine animal shall be kept or boarded and no accessory building used for the keeping, training or the like, of a horse or other equine animal shall be hereafter erected or altered within the village, except in conformity with the regulations established and set forth in this section. (1976 Code § 91.025)

   B.   Minimum Area And Limitations On Number: The number of horses or other equine animals permitted on a lot or parcel of land shall be as follows:

 

Parcel Size (Acres)	Maximum Number Of Horses Or Other Equine Animals Allowed
0 to 5 acres	0
5 to 8 acres	2
8 acres or more	4

 

All definitions of land areas shall be exclusive of road easements and rights of way. (1976 Code § 91.026)

   C.   Exercise Area: No horse or other equine animal, and no corral, ring or enclosure for the training of a horse or other equine animal shall be kept, located or maintained closer than thirty five feet (35') from any lot line or property line. (1976 Code § 91.027)

   D.   Accessory Buildings: Any accessory building used for the housing, training or keeping of a horse or other equine animal shall not be located closer than sixty feet (60') from any lot line or property line or within ten feet (10') from any septic field or drain field tile line. (1976 Code § 91.028)

   E.   Restrictions:

      1.   Fencing Required: Every horse or other equine animal exercise ring, corral, pasture or other open area for training or keeping of horses or other equine animals shall be suitably fenced so as to contain the animal in such a manner as to protect adjoining property from trespass by the animal and to provide protection without danger of injury to the animal itself. No such areas shall be located over any septic tank or drain field tile line. (1976 Code § 91.029)

      2.   Commercialism Prohibited: No person shall engage in the business of buying, selling, dealing in or the boarding of or the keeping for hire of any horse or other equine animal. (1976 Code § 91.030)

6-1-6: BITING OR ATTACKING DOGS OR OTHER ANIMALS:

   A.   1. It shall be the duty of the owner of any dog or other animal to prevent such dog or other animal from biting or attacking any person or pet in the village, and, if a person or pet is bitten by a dog or other animal, the owner shall report the incident to the police department immediately. Any dog or other animal which may unprovokedly bite or attack any person or pet in the village is hereby declared to be a nuisance, and such dog or animal may be apprehended and impounded at any time by any police officer, animal warden, or other such person charged with the enforcement of this chapter. If such dog or other animal is impounded, the owner shall have no right to redeem the dog or other animal if:

         a.   It has unprovokedly attacked or bitten any person(s) or pet(s) in the village on two (2) separate occasions within any twenty four (24) month period; or

         b.   It has inflicted a serious wound or other permanent or disabling injury in the attack in question.

      2.   The loss of right to redeem shall not apply if the owner shall remove such dog or other animal from the village immediately upon redemption and shall not thereafter keep or otherwise maintain such dog or other animal in the village at any time.

   B.   If an owner has notice that his dog or other animal has bitten any person or pet, it shall be unlawful for such owner to kill such dog or other animal or to sell or give away such dog or other animal, or to permit or allow such dog or other animal to be taken beyond the limits of the village except to a licensed veterinary hospital. It shall be the duty of such owner to immediately report the incident to the police department and to immediately place such a dog or other animal in a licensed veterinary hospital where such dog or other animal shall be quarantined for a period of at least ten (10) days (upon request of any police officer, animal warden or other person charged with the enforcement of this chapter) and to deliver such animal to them for such placement. The owner shall immediately furnish the police department with the name and location of said hospital and a certificate of a licensed veterinarian stating whether or not such dog or animal shows symptoms of rabies. At the expiration of the quarantine period and prior to the release of such dog or other animal, the owner shall furnish the police department with another certificate of a licensed veterinarian stating that such dog or other animal does not have rabies. All costs of maintaining any such dog or other animal in a veterinary hospital shall be the obligation and responsibility of its owner and shall be paid by said owner. If, however, the rabies inspector or licensed veterinarian has presented evidence that such dog or other animal has been inoculated against rabies within the time prescribed by law prior to the biting, such dog or other animal shall be confined in the house of its owner or in a manner that will prohibit such dog or other animal from biting any person or pet for a period of ten (10) days, unless in the judgment of the police department, animal warden or the licensed veterinarian, circumstances are such that the dog or other animal should be confined elsewhere. At the end of the ten (10) day period, the dog or other animal shall be examined by the rabies inspector or a licensed veterinarian.

   C.   In all cases where the animal that has bitten a person is slain or dies within ten (10) days from the time of the biting, it shall be the duty of the person slaying such animal and the owner of such animal to notify the police department and to immediately deliver the head of such animal intact to said department or cause the same to be done. Such head shall be sent to the state department of health for examination for rabies.

   D.   Any animal found to be rabid by a licensed veterinarian shall be destroyed according to all applicable statutes and rules of the Illinois and Lake County departments of health.

   E.   It shall be an adequate defense to any charge of violation of this section for the charged owner or possessor of an alleged biting or attacking dog or other animal to show that the animal was defending its owner, another person or the owner's property or that it was in a fenced in area or other enclosure when the same was invaded by the person or animal bitten.

   F.   In recognition and in memoriam of the little dog which was bitten and killed by a loose animal with a history of prior bites, this section shall hereafter be known as "Gizmo's law". (Ord. 10-02-04, 2-16-2010)

6-1-7: PROHIBITED ACTS AND CONDITIONS:

   A.   Disturbing The Peace: It shall be unlawful for any person to own, keep, have in his possession or harbor any dog, domestic or other animal which, by frequent or habitual barking, howling, yelping or by other loud noise, shall cause annoyance of any family or person, or shall disturb the peace or quiet of any neighborhood or place within the village. Such annoyance of any family or person or the disturbance of the peace or quiet of any neighborhood or place within the village by any dog, cat, domestic or other animal is declared to be a public nuisance, and it shall be unlawful for any person to suffer or permit such nuisance to exist. (1976 Code § 91.012)

   B.   Running At Large: No person who owns, keeps or harbors a dog, cat, domestic animal or other animal shall cause or permit such dog, cat or other domestic animal to run at large at any time during the year in any area in the village other than the private premises of the owner or keeper of such dog, cat or other domestic animal. All dogs, cats, domestic animals or other animals kept within any area of the village shall be confined by means of a secure leash or chain, or confined within a fenced area in such a manner as to prevent the dog, cat, domestic animal or other animal from running at large. Any dog, cat, domestic animal or other animal found running at large in violation hereof, or that shall menace the public welfare is declared to be a public nuisance and shall be apprehended and impounded in the manner provided in this chapter.

   C.   Animal Wastes Disposed Of By Owner: All persons walking their dogs or other domestic animals on the public property of the village, or on any private property not owned by the person walking the animal, shall carry a receptacle necessary for the placing of any droppings or feces, while the animal is on the public or private property other than his own. The owner of the animal shall place the droppings in the receptacle to be disposed of in a proper garbage container or lavatory. Should any person walking a dog or other domestic animal be found without the receptacle, it shall be the duty of the law enforcement officials, including the animal warden, to impound the animal pursuant to this chapter, and a nontraffic ticket alleging the violation shall be issued to the person walking the animal. (1976 Code § 91.008)

   D.   Cruelty To Animals: No person shall be cruel to any animal in any of the following ways:

      1.   By overloading, overdriving, overworking, cruelly beating, torturing, tormenting, mutilating or cruelly killing any animal, or causing or knowingly allowing the same to be done;

      2.   By cruelly working any old, maimed, infirm, sick or disabled animal, or causing or knowingly allowing the same to be done;

      3.   By unnecessarily failing to provide any animal in his charge or custody, as owner or otherwise, with proper food, drink and shelter;

      4.   By abandoning any old, maimed, infirm, sick or disabled animal or by abandoning any animal on any highway or public way or in any other place where it may suffer injury, hunger or exposure or become a public charge; or

      5.   By carrying or driving, causing to be carried or driven or kept, any animal in an unnecessarily cruel manner. (1976 Code § 91.014)

   E.   Slaughtering: No person shall slaughter or cause to be slaughtered any cattle, hogs, sheep or any other animal in any house, barn, outhouse, shed or other tenement or in any yard, lot, street or ground within the limits of the village. (1976 Code § 91.020)

6-1-8: PROCEDURE WHEN PERSON IS BITTEN:

   A.   It shall be unlawful for the owner or keeper of any dog, cat, domestic animal or other animal, when notified by the animal warden or his authorized agent that such dog, cat, domestic animal or other animal has bitten any person, to sell or give away such dog, cat, domestic animal or other animal or allow such dog, cat, domestic or other animal to be taken beyond the limits of the village, except for confinement with a licensed veterinarian. It shall be the duty of such owner or keeper, upon receiving notice from the animal warden or his authorized agent of the circumstance aforesaid, to deliver such dog, cat, domestic or other animal within twenty four (24) hours to a licensed veterinarian for examination, confinement and observation, at the expense of the owner. Where there is a failure to comply within twenty four (24) hours with the order from the animal warden or his authorized agent to have such dog, cat, domestic or other animal examined, confined and observed as provided herein, the animal warden or his authorized agent, upon a showing of reasonable evidence that such dog, cat, domestic or other animal has bitten a person, may seek a court order to have such dog, cat, domestic or other animal confined and observed. Within twenty four (24) hours after the dog, cat, domestic or other animal is examined and confined, the veterinarian shall report (as required by section 12 of the Illinois rabies control act 1 ) to the animal warden, the owner's name, address and the date of confinement, the breed, description, age and sex of the dog, cat, domestic or other animal. Such dog, cat, domestic or other animal shall be confined for a period of ten (10) days. At the termination of the period of confinement, the veterinarian shall notify the animal warden in writing of the final disposition of the animal.

   B.   If, however, the dog, cat, domestic or other animal is examined by a licensed veterinarian within twenty four (24) hours after notification by the animal warden and found to be free of signs of rabies, and the animal warden or the licensed veterinarian is presented evidence that such dog, cat, domestic or other animal has been inoculated against rabies more than thirty (30) days prior to the biting and less than one year, if a one year immunity vaccine is used, or less than three (3) years if a three (3) year vaccine is used, such dog, cat, domestic or other animal shall be confined in the house of its owner or in a manner that will prohibit such dog, cat, domestic or other animal from escaping and from biting any person or animal for the ten (10) day period, unless in the judgment of the animal warden or the licensed veterinarian, circumstances are such that the dog, cat, domestic or other animal should be confined elsewhere. At the end of the ten (10) day period, it shall be the duty of the owner to present the dog, cat, domestic or other animal to a licensed veterinarian for examination. The licensed veterinarian shall then notify the animal warden, in writing, within twenty four (24) hours of the results of the examination.

   C.   If the dog, cat, domestic or other animal escapes from the house of its owner, or from such other place of confinement provided by its owner, during the ten (10) day confinement period, or if the owner fails to deliver the dog, cat, domestic or other animal to a licensed veterinarian for reexamination within twenty four (24) hours of the completion of the ten (10) day confinement period, the owner is declared to be in violation of this section and is subject to the penalties provided in this chapter. In addition, the owner of an escaped dog, cat, domestic or other animal shall immediately apprehend it and deliver it to a licensed veterinarian for confinement, at the owner's expense, for the remainder of the ten (10) day period.

   D.   The owner of a dog, cat, domestic or other animal, four (4) months of age or older, not currently inoculated against rabies, as provided elsewhere in this chapter, must have the dog inoculated against rabies at the time of release from confinement. (1976 Code § 91.011)

 

Notes

1	1. 510 ILCS 5/8 et seq.