CHAPTER 9: HEALTH REGULATIONS
      Article
         1.   GARBAGE AND REFUSE
         1.1.   SOLID WASTE COLLECTORS
         2.   WEEDS
         3.   REGULATION OF DOGS AND ANIMALS
         4.   TREES
         5.   FEEDING OF WILD ANIMALS PROHIBITED
ARTICLE 1:  GARBAGE AND REFUSE
Section
   9-1-1   Definitions
   9-1-2   Disposal of garbage
   9-1-3   Disposal of refuse
   9-1-4   Residential collections
   9-1-5   Multi-family, commercial, business and industrial collections
   9-1-6   Containers
   9-1-7   Placement of containers
   9-1-8   Throwing, depositing of garbage and refuse prohibited
   9-1-9   Uncovered garbage
   9-1-10   Accumulation of refuse
   9-1-11   Deposit on streets
   9-1-12   Open burning prohibited
   9-1-13   Removal of garbage and refuse; lien
   9-1-14   Nuisance declared
   9-1-15   Penalty for violation of Ch. 9
Cross-reference:
   Solid waste collectors, see Ch. 9, Art. 1.1
§ 9-1-1  DEFINITIONS.
   For the purpose interpretation and enforcement of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   GARBAGE. Wastes resulting from the handling, preparation, cooking and consumption of food, and wastes from the handling, storage and sale of produce.
   RECYCLABLE MATERIALS. Items which have post-consumer use or value including, but not limited to, the following: paper (newspaper, Kraft paper and mixed paper), glass, steel and bi-metal cans, aluminum, HDPE plastics (milk, water and laundry detergent bottles) and PET plastics (soda bottles).
   REFUSE. Combustible refuse, including but not limited to paper, cartons, boxes, barrels, wood, excelsior, wood furniture, bedding; non-combustible refuse, including, but not limited to, metals, tin cans, metal furniture, glass, crockery, other mineral waste, street rubbish and ashes, residue from fires used for cooking and for heating buildings. REFUSE shall not include earth and wastes from building operations, nor shall it include solid wastes resulting from industrial processes and manufacturing operations such as food processing wastes, boiler house cinders, lumber, scraps and shavings.
   YARD WASTE. Accumulations of grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the maintenance of lawns, shrubbery, vines and trees.
(Ord. 91-03-23, passed 3-26-1991)
§ 9-1-2  DISPOSAL OF GARBAGE.
   All garbage shall be securely wrapped in paper or plastic and placed in containers, as specified herein, for collection by private scavengers in accordance with the provisions of this article. Garbage may also be disposed of by finely grinding and shredding in a garbage disposal unit leading through pipes to a sanitary sewer.
§ 9-1-3  DISPOSAL OF REFUSE.
   Refuse shall be disposed of by placing such refuse in containers, as specified herein, for collection by private scavengers in accordance with the provisions of this article.
§ 9-1-4  RESIDENTIAL COLLECTIONS.
   (A)   General. Those persons owning or occupying single-family residential units, condominium units and multi-family units are required to provide garbage and refuse collection only from an entity which is franchised to provide such services by the village. Collection must take place at least once in every seven-day period; provided, however, that, any multi-family unit, which received its garbage and refuse collection under a written contract, which was in force on 12-1-2007, with a provider which did not possess a village franchise, may continue to receive that service for the term of the contract only and not including later negotiated extensions. In addition, the owner or occupants of multi-family apartments shall only be required to utilize an entity that possesses a village franchise if that entity agrees to provide services at a cost equal to or less than alternative, equivalent proposals submitted by other service providers.
   (B)   Recycling. Single-family residential units, condominium units and multi-family units are required to provide recycling services only from an entity which is franchised to provide such services by the village. With regards to multi-family units, the exceptions provided for in division (A) herein shall also apply to recycling services.
   (C)   Title to containers. All recycling bins shall remain the property of the village and shall not be removed from the property on which the dwelling unit is located. Any damage to or loss of a recycling bin shall be reported to the village’s Public Works Department by the primary user of the recycling bin or by the person responsible for the damage or loss within 24 hours of the damage or loss. The cost to repair or replace a recycling bin damaged or lost shall be borne by the person responsible for such damage or loss.
   (D)   Pick up without contract prohibited. It shall be unlawful for any person, firm or corporation  to collect, obtain, possess or pick up any recyclable item placed in or adjacent to village recycling bins placed for collection in front of a residence as part of the village’s curbside recycling program or from any container on village property, unless such person, firm or corporation has a contract with the village for the collection of recyclable materials.
   (E)   Duty to pay for refuse collection. Any person occupying a place of abode for residential purposes shall be required to dispose of solid waste generated through the approved municipal solid waste franchise system and shall pay the rates and charges agreed to by the village in a franchise agreement.
   (F)   Responsibility for collection. Any place of abode or any premises occupied for residential purposes shall be prima facie evidence that waste is being produced and accumulated on such premises, and it shall be the duty of the designated representatives of the village, in the absence of satisfactory proof to the County Health Officer or village representatives that other adequate means of waste disposal or removal have been provided, to inspect the premises and remove therefrom any and all waste found thereon, for which removal as established by the required fees shall be paid by the occupant(s), owner(s) or person(s) in possession of said premises, with said occupant(s), owner(s) and person(s) in possession being jointly and severably liable for the payment of the required fees.
(Ord. 91-03-23, passed 3-26-1991; Ord. 2005-09-52, passed 9-19-2005; Ord. 2007-12-51, passed 12-17-2007)
§ 9-1-5  MULTI-FAMILY, COMMERCIAL, BUSINESS AND INDUSTRIAL COLLECTIONS.
   (A)   Multi-family, commercial business and industrial collection standards.  Collections shall be made by private scavengers from multi-family, commercial, business and industrial establishments at least once every seven day period.  Every person owning or in possession, charge or control of any such establishment shall be required to provide and at all times keep in a suitable place, readily accessible to the garbage collector, garbage containers capable of holding all garbage and refuse which would ordinarily accumulate on such premises between the times of successive collections.  Such containers shall be enclosed on three sides and the garbage containers shall not be visible from the street or adjacent properties.
   (B)   Hours of collection for non- residential properties.  Non-residential solid waste collection service in all areas of the village shall be limited to Monday through Friday from 7:00 a.m. to 7:00 p.m.  Collection service in non- residential areas of the village may be extended to Saturdays between 7:00 a.m. to 7:00 p.m. during those weeks which contain a nationally observed holiday.
(Ord. 2009-10-57, passed 10-19-2009; Ord. 2014-02-08, passed 2-18-2014; Ord. 2016-07-32, passed 7-18-2016)
§ 9-1-6  CONTAINERS.
   All containers used for the deposit of garbage and refuse shall be of galvanized or non-corrodible metal or plastic, rodent and insect proof, waterproof and of a suitable gauge and construction to ensure durability, equipped with a cover and handles so that they may be lifted, wheeled or carried by one person. Durable plastic bags, securely fastened, may also be used. No such container shall have a capacity of less than five gallons, nor more than 30 gallons, unless such container is designed and equipped to be hydraulically lifted by a waste disposal vehicle, in which case these specially designed containers may have a capacity of 90 gallons.
§ 9-1-7  PLACEMENT OF CONTAINERS.
   All containers for recycling, garbage and refuse shall be placed by residents at the curb line of the premises served not earlier than 6:00 p.m. on the day before the scheduled collection, and shall be removed on or before midnight of the day on which the collection is made.  Thereafter, containers shall be situated or located so as to be hidden from view of the street and shall not be placed so as to constitute a nuisance to adjacent property or to the occupants thereof.  Any employee of the village vested with police powers in the enforcement of code compliance and issuance of citations for ordinance violations in accordance with § 2-7-13, and who observes a violation of this section, may issue a "hang-on ticket" as provided in Chapter 15, Article 4 of this Code pursuant to which the person cited may pay the sum of $25 within the time stated on the ticket as a compromise or settlement to avoid the prosecution of an ordinance violation in the Circuit Court.
(Ord. 2008-02-02, passed 2-4-2008; Ord. 2014-02-08, passed 2-18-2014)
§ 9-1-8  THROWING, DEPOSITING OF GARBAGE AND REFUSE PROHIBITED.
   It shall be unlawful to throw or deposit garbage, refuse and yard waste on any public or private property within the village, including retention/ detention basins and creeks, whether occupied or unoccupied; except that, the owner or person in control of the property may maintain private receptacles for garbage and refuse which are waste products resulting from the occupancy of the property itself. Such receptacles shall comply with the provisions of this article or other ordinances of the village and shall be placed and maintained in such a manner so that the garbage and refuse deposited within such receptacles shall not be carried, deposited or wind blown upon any street, sidewalk or other public place, or upon any private property.
§ 9-1-9  UNCOVERED GARBAGE.
   It shall be unlawful to place or permit to remain anywhere in the village any garbage or other material subject to decay, other than yard waste, except in a tightly covered, waterproof container.
§ 9-1-10  ACCUMULATION OF REFUSE.
   (A)   It shall be unlawful to place or permit to accumulate any dust, ashes or refuse, or any material anywhere in the village, except in a covered container so that it cannot be wind blown, except that which may be placed in a compost pile as specified in division (B) of this section.
   (B)   Compostable materials such as grass trimmings, wood waste, leaves, weeds and other garden refuse may be placed in a compost pile; provided, it is placed in such a way so the material will not be wind blown. The following additional materials, namely shrubbery, vines, fruits, vegetables, egg shells, coffee grounds, houseplant materials and cut flowers may only be placed in an institutional compost pile as part of a school sponsored source reduction educational project.
   (C)   Compost piles shall be no more than five feet in height and shall not have a maximum ground or base area of more than 100 square feet.
(Ord. 2000-01-06, passed 1-17-2000)
§ 9-1-11  DEPOSIT ON STREETS.
   It shall be unlawful to deposit or permit any garbage or refuse to fall from any vehicle on any public street, alley or public place in the village; provided that, this section shall not be construed to prohibit placing garbage or refuse in a container complying with the provisions of this article preparatory to having such material collected and disposed of in the manner provided herein.
§ 9-1-12  OPEN BURNING PROHIBITED.
   No person, firm or corporation shall burn or set fire to, or allow to be burned or set fire to, any garbage, hay, grass, leaves or any combustible material whatsoever within the village. This provision shall apply only to open outdoor burning.
§ 9-1-13  REMOVAL OF GARBAGE AND REFUSE; LIEN.
   Whenever the owner of property, after reasonable notice, refuses or neglects to remove garbage and refuse found upon such property, the village may remove or see to the removal of such garbage and refuse and may collect from such owner the reasonable cost of such removal. In the event that the village removes or sees to the removal of such garbage and refuse, it shall file a lien to recover the reasonable cost of that removal within 60 days after such cost and expense is incurred. The filing of such lien shall be in accordance with the provisions of 65 ILCS 5/11-20-13.
§ 9-1-14  NUISANCE DECLARED.
   It shall be unlawful for any person to burn or bury garbage within the village or to permit same to accumulate in any manner within the village so as to create a nuisance or attract flies, vermin or rats.
§ 9-1-15  PENALTY FOR VIOLATION OF CH. 9.
   Any person, firm or corporation who violates any provision of this chapter shall be guilty of a code violation, punishable by a fine of not less than $200 or more than $750 for each separate offense.  Each day that a violation continues after due notice has been served shall constitute a separate offense.  In addition to a fine, the court may impose a period of conditional discharge as defined in 730 ILCS 5/5-1-4 or court supervision as defined in 730 ILCS 5/5-1-21 of the Criminal Code for a period of up to six months, an order of restitution, an order to perform community service, an order to complete an education program and/or any other appropriate penalties or conditions authorized in any section of this code or ordinance or any conditions for conditional discharge set forth in 730 ILCS 5/5-6-3 or for court supervision in 730 ILCS 5/5-6-3.1 as the foregoing are amended from time to time.
(Ord. 2014-02-08, passed 2-18-2014)
ARTICLE 1.1:  SOLID WASTE COLLECTORS
Section
   9-1.1-1   Definitions
   9-1.1-2   Exclusive franchise
   9-1.1-3   Removal of garbage, refuse, recyclables and yard waste without franchise prohibited
   9-1.1-4   Penalty for violation of Art. 1.1
Cross-reference:
   Garbage and refuse generally, see Ch. 9, Art. 1
§ 9-1.1-1  DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   GARBAGE. Wastes resulting from the handling, preparation, cooking and consumption of food, and wastes from the handling, storage and sale of produce.
   RECYCLABLES. At a minimum, brown paper bags, corrugated boxes, frozen food packages, magazines and catalogues, mixed paper, newspapers, paperboard, telephone books, wet strength carrier stock, aerosol cans, aluminum cans, aluminum foil, aseptic packaging and gable top containers, formed steel containers, glass bottles and jars, HDPE (#2) plastic containers, PET (#1) plastic containers, plastic six- and 12-pack rings, polystyrene (#6), steel cans, steel paint cans and lids, and any other items which the intermediate processing facility in the village or similar facility may add to its list of items accepted at the facility.
   REFUSE. Combustible refuse, including but not limited to paper, cartons, boxes, barrels, wood, excelsior, wood furniture, bedding; non-combustible refuse, including, but not limited to, tin cans, metal furniture, glass, crockery, other mineral waste, street rubbish and ashes, residue from fires used for cooking and for heating buildings. REFUSE shall not include earth and waste from building operations, nor shall it include solid waste resulting from industrial processes and manufacturing operations such as food processing wastes, boiler house cinders, lumber, scraps and shavings.
   SOLID WASTE COLLECTORS. Any person, firm or corporation who provides collection or removal services of garbage, refuse, recyclables or yard waste.
   YARD WASTE. Accumulations of grass or shrubbery cuttings, leaves, tree limbs and other materials accumulated as the result of the maintenance of lawns, shrubbery, vines and trees.
(Ord. 96-05-33, passed 5-6-1996)
§ 9-1.1-2  EXCLUSIVE FRANCHISE.
   The village may, in its discretion, grant an exclusive franchise to a solid waste collector, granting the sole right to collect garbage, refuse, recyclables and yard waste for single-family detached and attached dwellings or multi-family dwellings or to such classes of dwellings as shall be specified in the franchise.
(Ord. 96-05-33, passed 5-6-1996)
§ 9-1.1-3  REMOVAL OF GARBAGE, REFUSE, RECYCLABLES AND YARD WASTE WITHOUT FRANCHISE PROHIBITED.
   No person, firm or corporation shall provide garbage, refuse, recyclables or yard waste collection or removal services from single-family detached or attached residences or from multiple-family residential complexes without first acquiring a franchise from the village. In the event that the village has elected to grant an exclusive franchise pursuant to § 9-1.1-2, no other person, firm or corporation shall be granted a permit for collection of removal services for dwellings covered by the exclusive franchise. No property owner shall enter into a contract or otherwise permit a solid waste collector without a franchise to provide collection or removal services for property within the village.
(Ord. 96-05-33, passed 5-6-1996)
§ 9-1.1-4  PENALTY FOR VIOLATION OF ART. 1.1.
   Any person, firm or corporation providing garbage, refuse, recyclables and yard waste collection or removal services without a franchise or any property owner who contracts with or otherwise pays a solid waste collector who does not hold a franchise for removal of garbage, refuse, recyclables or yard wastes from his or her property shall be in violation of this article and shall be subject to the penalties set forth in § 9-1-15 of this code.
(Ord. 96-05-33, passed 5-6-1996)
ARTICLE 2:  WEEDS
Section
   9-2-1   Definition
   9-2-2   Nuisance prohibited
   9-2-3   Notice to abate
   9-2-4   Abatement by village
   9-2-5   Lien against property
Cross-reference:
   Fees, see § 6-13-19
§ 9-2-1  DEFINITION.
   The term WEEDS, as used in this article, shall mean and include any annual or perennial herbaceous plant, of volunteer growth, which is not cultivated or specifically grown for human food; any high or rank growth that may conceal filthy deposits or constitute a fire hazard when dry, or any non-cultivated plant which reaches a height of eight inches.
§ 9-2-2  NUISANCE PROHIBITED.
   It shall be unlawful for anyone owning property in the village to permit weeds upon such property to grow to a height exceeding eight inches anywhere in the village within 500 feet of a residential, industrial or commercial building, or where the growth of weeds presents a safety hazard or a hazard to the flow of traffic. Any weed exceeding such height is hereby declared to be a nuisance.
§ 9-2-3  NOTICE TO ABATE.
   (A)   Where any weed has grown to a height exceeding eight inches within the village within 500 feet of a residential, industrial or commercial building, or where the growth of weeds presents a safety hazard or a hazard to the flow of traffic, the owners of the real estate upon which the weeds have been permitted or allowed to grow shall be sent a notice stating that if the weeds are not cut within ten days after the notice, the village will provide for the cutting of the weeds and will place a lien upon the real estate affected.
   (B)   It shall be the duty of the Community Development Department to serve or cause to be served, by mail or otherwise, a notice upon the owner of any premises on which weeds or plants are permitted to grow in violation of the provisions of this article, and to demand the abatement of the nuisance within three days.
(Ord. 98-03-21, passed 3-16-1998; Ord. 2014-02-08, passed 2-18-2014)
§ 9-2-4  ABATEMENT BY VILLAGE.
   If the violation is not abated within the three-day period, the village, through its duly appointed agent, shall enter upon the property where such weeds are growing and shall proceed to destroy the weeds thereon causing the violation.  Any expense incurred by the village in so doing shall be a charge against the owner or person in control and such charge may be recovered in an appropriate action of law.
(Ord. 2014-02-08, passed 2-18-2014)
§ 9-2-5  LIEN AGAINST PROPERTY.
   (A)   Any costs incurred by the village, or its duly appointed officers or agents, in removing weeds from any property, shall be a lien upon the real estate so affected, and such lien shall be superior to all other liens and encumbrances, except tax liens; provided that, within 60 days after such cost and expense is incurred, the village, or person performing the service by authority of the village, in its or his or her own name, files notice of lien in the office of the Recorder of Deeds of DuPage County.
   (B)   The notice shall consist of a sworn statement setting out the following:
      (1)   A description of the real estate sufficient for identification thereof;
      (2)   The amount of money representing the costs and expenses incurred or payable for the service; and
      (3)   The date or dates when such costs and expenses were incurred by the village or one acting under its direction and authority.
   (C)   Upon payment of the costs and expenses by the owner of or persons interested in such property after notice of lien has been filed, the lien shall be released by the village or person in whose name the lien has been filed and the release shall be filed of record as in the case of filing notice of lien.
ARTICLE 3:  REGULATION OF DOGS AND ANIMALS
Section
   9-3-1   License required
   9-3-2   Rabies inoculation required
   9-3-3   Registration; license fee; term of license
   9-3-4   License issued
   9-3-5   Tag and collar
   9-3-6   Licenses not transferable or refundable
   9-3-7   Records
   9-3-8   Dogs at large; leash requirements
   9-3-9   Impounding; redemption
   9-3-10   Animal bites
   9-3-11   Regulation of dangerous and vicious animals
   9-3-12   Limitation of animals
   9-3-13   Nuisances
   9-3-14   Control of defecation
   9-3-15   Provisions not applicable
   9-3-16   Humane treatment of birds and animals
   9-3-17   Birds
   9-3-18   Prohibitions; exceptions
   9-3-19   Horses, riding of
Cross-reference:
   Injury to animals, see § 14-1-2
§ 9-3-1  LICENSE REQUIRED.
   It shall be unlawful for any person within the village to own, keep, harbor or have custody of any dog over six months of age without first obtaining a license from the village as herein provided.
§ 9-3-2  RABIES INOCULATION REQUIRED.
   Every owner or keeper of a dog within the corporate limits shall cause such dog to be inoculated by the County Rabies Inspector, or by his or her deputy, or a licensed veterinarian, with a prophylactic serum to prevent rabies either annually or tri-annually depending upon the type of serum used.
§ 9-3-3  REGISTRATION; LICENSE FEE; TERM OF LICENSE.
   (A)   All dogs kept in the village shall be registered with the Clerk as to sex, breed, color, name and name and address of the owner of such dog. A certificate of inoculation against rabies, issued by the County Rabies Inspector, or by his or her deputy, or by a licensed veterinarian, shall be submitted to the Clerk for inspection at the time registration is made.
   (B)   The annual license fee shall be $3 for a male dog and a spayed female dog, and $5 for a female dog.
   (C)   If the owner or keeper of any dog comes into possession of the same after the expiration of six months of the license year, he or she shall pay one-half of the annual fee provided herein for the remainder of the year.
   (D)   Each license shall expire on December 31 following the year for which such license is issued.
§ 9-3-4  LICENSE ISSUED.
   Upon payment of the license fee and evidence of a certificate of inoculation as required in § 9-3-3, the Clerk shall issue to the owner a metallic tag bearing the legend “Carol Stream Dog Tag”, as well as the license number and the year issued marked thereon. Any owner of a licensed dog whose license tag has been lost may obtain a replacement tag upon the payment of $1 to the Clerk.
§ 9-3-5  TAG AND COLLAR.
   Every owner of a dog within the village shall keep such license tag securely attached to a collar or harness fastened around the neck or body of such dog at all times when the dog is off the premises of the licensed owner.
§ 9-3-6  LICENSES NOT TRANSFERABLE OR REFUNDABLE.
   Dog licenses shall not be transferable from one dog to another and no refunds shall be made on any dog license fee because of death of the dog or the owner’s leaving the village before expiration of the license period.
§ 9-3-7  RECORDS.
   The Clerk shall forward to the Chief of the Police Department a copy of all dog licenses issued. The Chief of Police shall keep, or cause to be kept, a careful record of each registration and license issued for identifying lost, stolen or impounded dogs.
§ 9-3-8  DOGS AT LARGE; LEASH REQUIREMENTS.
   No dog shall be permitted to run at large in the village, except upon the premises of the owner of such dog, or upon other premises by authority of the owner or occupant of such premises; provided, however, that, the area in which the dog is permitted to run at large must be totally enclosed by a fence of an adequate height to prevent the dog from escaping from the enclosed area, or the dog must be restrained by a secure collar and leash or chain which must be attached to a run line or to an anchor, so that the dog may not move beyond the premises or the dog must be in the actual charge, custody or control of some responsible person. Any dog taken outside of such an enclosed yard shall be equipped with a secure collar and restrained upon a secure leash of not more than six feet in length. Where a dog has been found to be a dangerous or vicious animal, the provisions of this code which apply to such animals shall be applicable.
(Ord. 91-02-15, passed 2-26-1991)
§ 9-3-9  IMPOUNDING; REDEMPTION.
   (A)   Licensed dogs.
      (1)   When any licensed dog shall be impounded, the Police Department shall cause notice to be given in person or by telephone upon the registered owner of any licensed dog impounded.
      (2)   If such dog is without a collar or harness with the current license attached, it shall be deemed a licensed dog, for the purpose of this section, if satisfactory proof is given to the Police Department by the owner or keeper that such dog is licensed and that a collar, or harness with a current license tag attached thereto, was placed on such dog, but had subsequently been lost or taken from such animal.
      (3)   A licensed dog may be redeemed by the registered owner or agent upon payment to the village of a fine of the sum of $10 for violation of § 9-3-8, in addition to any fees charged by the DuPage County Animal Control for the cost of keeping such dog while impounded.
   (B)   Unlicensed dogs. An unlicensed dog may be redeemed as provided in division (A) of this section; however, the owner or agent of such dog shall further be required to purchase the annual license fee provided in § 9-3-3.
§ 9-3-10  ANIMAL BITES.
   (A)   It shall be unlawful for the owner or keeper of any dog or other animal when notified that such dog or animal has bitten or scratched any person, or has otherwise injured any person so as to cause an abrasion of the skin, or any dog or other animal suspected of having rabies, to sell or give away such dog or animal or to permit or allow such dog or animal to be taken away beyond the limits of the county, but it shall be the duty of such owner, upon receiving notice of the character aforesaid, to immediately place such dog or animal in a duly licensed veterinary hospital where such dog or animal shall be confined for a period of at least ten days for observation, or deliver, or cause to be delivered, any such dog or animal to the Police Department for such placement. In case such dog or animal is delivered to a veterinary hospital, notice of the name and location of such hospital shall be immediately furnished to the Police Department by the owner of such dog or animal, and upon receipt of such dog or animal, the veterinary hospital shall submit to the Police Department a certificate stating that such dog or animal either shows no symptoms of rabies or does show symptoms of rabies. If, at the expiration of the ten days of confinement in such veterinary hospital, the veterinary hospital shall submit to the Police Department a second certificate stating that the dog or animal does not have rabies, the dog or animal may then be released by the Police Department.
   (B)   If such dog or animal should die during the interval of observation, the intact brain shall forthwith be delivered to the laboratory of the State Department of Public Health.
   (C)   If, however, evidence is presented that such dog or animal has been inoculated against rabies within the time prescribed by law prior to the biting, such dog or animal shall be confined in the house of its owner or in a manner that will prohibit such dog or animal from biting any person for a period of ten days, unless in the judgment of the Police Department or a licensed veterinarian, circumstances are such that the dog or animal should be confined elsewhere. Such dog or animal so confined shall be examined by a licensed veterinarian on the first, fifth and tenth day during confinement. If, at the expiration of the ten day confinement, the veterinarian shall submit a certificate stating that the dog or animal does not have rabies, the dog or animal may then be released by the Police Department.
   (D)   Any expense incurred in the handling of any dog or other animal under this section shall be borne by the owner.
§ 9-3-11  REGULATION OF DANGEROUS AND VICIOUS ANIMALS.
   (A)   The owner of a dangerous, vicious or ferocious dog which may cause annoyance or reason-able fear of bodily injury to a person by attacking such person, shall keep the same confined in a secure enclosure or on a leash controlled by the owner or keeper of such dog at all times, and shall not permit such dog to be at large within the village.
   (B)   If any dangerous dog, when it is necessary for the protection of any person or property, cannot safely be taken up and impounded, such dog may be slain by any police officer of the village; provided, however, that in all cases where any dog so slain has bitten any person or caused an abrasion of the skin of any such person, it shall be the duty of the Police Department slaying such dog to immediately deliver the carcass and brain of such dog to the State Department of Public Health.
   (C)   The provisions of this section shall supersede any other provisions contained within the village code; provided, however, that, the provisions relating to animal pens shall be in addition to any other provisions contained within the village code.
   (D)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ANIMAL. Any warm or cold blooded non-human mammal, bird or reptile, the keeping of which is not prohibited by § 9-3-18 of the village code.
      DANGEROUS ANIMAL. Any individual animal which, if a dog, when unmuzzled and unleashed, or in case of another animal when  unrestrained in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack, whether or not the animal completes its attack, or on more than one occasion causes property damage anywhere within the village or within one and one-half miles of the boundaries of the village other than the owners.
      OWNER. Any person, partnership, corporation, or any other entity owning, keeping, harboring or having care, custody or possession of an animal whether temporary or permanent.
      VICIOUS ANIMAL.
         (a)   1.   Any individual animal that when unprovoked inflicts physical injury on a human being or other animal either on public or private property;
            2.   Any individual animal with an observable propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human being or other animals;
            3.   Any individual animal which attacks a human being or other animal without provocation;
            4.   Any individual animal which has been found to be a “dangerous animal” on two separate occasions;
            5.   Any individual animal owned or harbored primarily or in part for the purpose of animal fights;
            6.   Any individual animal which, upon the complaint or complaints of citizens or upon an observation of an official of the village, based upon its temperament when put into contact with human beings, or other animals, is reasonably believed to be an animal with vicious tendencies:
            7.   Any individual animal which has been found to be a vicious animal in another jurisdiction; and
            8.   A VICIOUS ANIMAL shall be one which exhibits the actions provided within this section within the village or within one and one-half miles of the boundaries of the village.
         (b)   Each act specified in divisions (a)1. through (a)7. of this definition shall itself be sufficient to bring the act within the definition of VICIOUS ANIMAL, and each such occurrence shall be a separate event upon which an offense can be based.
         (c)   An animal shall not be found to be a dangerous or VICIOUS ANIMAL if the behavior of the animal is exhibited only when it is teased, tormented, abused or assaulted or when a trespass, tort or crime occurs on the premises where the animals located at the time the action takes place or where the animal is protecting or defending a human being within the immediate vicinity from an attack or assault. Nor shall it apply to dogs while utilized by any police department or any law enforcement official in the performance of police work.
   (E)   The owner of an animal believed to be a dangerous or VICIOUS ANIMAL shall be served a written notice by the village that it wishes to classify such animal as dangerous or VICIOUS ANIMAL, the notice shall contain the restrictions and requirements to be imposed upon the owner. The owner can accept the classification of the animal, or within seven days after the receipt of such notice may request a hearing before an official of the village or at the election of the Village President, a person selected by the Village President to serve as a Hearing Officer to determine whether the animal should be classified as a dangerous or vicious animal. At such hearing, the official or Hearing Officer shall receive the evidence presented by the village as well as other evidence as to the reasons why the animal should be declared a dangerous or vicious animal. At that hearing either party may present any competent evidence including the testimony of a person experienced in the handling and temperament of animals. The official or Hearing Officer shall within ten days after the hearing issue a written decision and order. That order shall not be further appealed to any other person or body within the village, but either the corporate authorities of the village or the owner of the animal may seek whatever judicial review is available of that decision.
   (F)   It shall be a violation of this code, punishable by a fine, for a person to own an animal within the jurisdiction stated in this code, which exhibits the characteristics of a dangerous animal. If the official or Hearing Officer should find that a person is the owner of such an animal, he or she shall assess the owner of that animal the amount of not less than $100 for a first offense and $250 for a second offense. Each instance in which an animal shall exhibit the characteristics of a dangerous animal shall be deemed a separate offense. A person so assessed shall have the option of paying to the village the sum assessed or requiring the village to seek a judicial determination that a violation of this code has occurred. Upon such a judicial determination that the offense of owning an animal which exhibits the characteristics of dangerous animal has occurred, the offense shall be punishable by a fine of not less than $300, nor more than $750, for each offense proven to have occurred.
   (G)   If the official or Hearing Officer should find that a person is the owner of a vicious animal, he or she has an incidence to the privilege of ownership or possession of the vicious animal, (which may be regulated through the power of the village to license and regulate the ownership or keeping of animals), may require one or more of the following, which is found to be reasonable necessary to protect the public safety and welfare:
      (1)   The placement in a prominent location on the property of the owner of a clearly visible warning sign in specified size indicating that there is a vicious animal on the premises and if a pen is required, a sign may be required to be posted on that pen;
      (2)   A requirement that the animal, in order to go beyond the premises of the owner, must be securely muzzled and restrained by a chain or leash or its power to attack otherwise restrained and under the physical restraint of a person. The muzzle shall be made in a manner which will not cause injury to the animal or interfere with its vision or aspiration but shall prevent it from biting any human or other animal;
      (3)   Presentation to the village of a photograph, which, at the request of the village, may be taken by a village photographer, of the animal along with a requirement that the animal be permanently required to wear a collar or other means of identification through which it can be determined that the animal in question has been classified as a vicious animal;
      (4)   The construction of a pen at a fixed location on the property of the owner which pen may be required to be at least six feet in height forming or causing an enclosure suitable to prevent the entry of young children and suitable to confine a vicious animal in conjunction with other measures which may be taken by the owner such as tethering of a vicious animal. Such pen shall be securely enclosed and locked and designed with secure sides, and bottom, and may be required to have a top and to be embedded into the ground and shall be designed to prevent the animal from escaping. The construction of a pen shall conform to the requirements of a dog run contained in § 6-12-12 of the village code;
      (5)   A requirement that if the animal is allowed to go out of doors on the property of the owner that it will always be tied in place with either a chain or a leash having a tensile strength of at least 300 pounds;
      (6)   The owner of a vicious animal may be allowed to take the vicious animal out of doors when not within a pen or on a runline if it is necessary for the owner to obtain veterinary care for the vicious animal or to comply with the order of a court of competent jurisdiction. In such case, the vicious animal must be securely muzzled and restrained with a chain or leash having a tensile strength of at least 300 pounds and not exceeding five feet in length; and the vicious animal shall during all such times be under the direct control and supervision of the owner or keeper specifically chosen by the owner;
      (7)   To undertake any other reasonable restrictions and requirements which will make the ownership or keeping of a vicious animal consistent with the health and safety of the citizens of the village;
      (8)   The owner of a vicious animal may be required to present to the village a certificate of insurance indicating that the owner has then in force a liability or a homeowner’s insurance policy providing that the insurance company will indemnify or pay on behalf of the owner any damages or personal injuries caused by the vicious animal. Such insurance policy shall contain such coverage in an amount of not less than $100,000 and shall be issued by an insurance company approved by the Village Attorney, who shall consider the financial capabilities of the company, and shall, thereafter, be kept in full force; and
      (9)   At intervals of no more often than one year, the official or Hearing Officer may receive a petition from the owner affected seeking to modify the conditions imposed.
   (H)   It shall be a violation of this code for a person to own or keep a vicious animal or, after an animal is found to be a vicious animal, to fail to take the corrective measures which are ordered as an incident of the power to license and regulate acts possessed by the village. Upon a judicial determination that a violation of this code has occurred, the offense shall be punishable by a fine of not less than $400, nor more than $2,500, for each offense proven to have occurred.
   (I)   No owner or keeper of a vicious animal shall sell or give away any vicious animal unless the person receiving the animal is given a written notice that the animal has been found to be a vicious animal.
   (J)   If an animal is believed to be a vicious animal or is found to be a vicious animal and is not being kept under the restrictions and requirements previously imposed, the individual animal in question my be immediately seized and impounded. If an animal is seized and impounded, and the owner of the animal can be determined, a post-seizure hearing will be held within ten days by an official of the village or the Hearing Officer appointed by the Village President. At that hearing, it shall be determined if the animal seized poses an imminent threat to human beings or domestic animals or a continuing threat to property or whether the owner of the animal is unable or unwilling to take the precautions necessary to prevent the animal from posing the threat or to follow the restrictions and requirements previously ordered. Within seven days after the hearing, the village official or Hearing Officer shall render a written decision. That decision may be appealed to the Village Board and thereafter in such manner as such manner decisions may be destroyed, require the animal to be permanently removed from the village, or such other action as may be deemed adequate to alleviate the imminent threat. If a determination is made that the animal does not pose an imminent threat, or has not violated the provisions of previously imposed restrictions and requirements, then the village shall pay all expenses, including shelter, food, veterinary expenses. But if the determination is that the actions of the animal do pose an imminent threat, or that a violation of the  previously imposed restriction and requirements have taken place, then the owner shall pay such expenses. When an animal is impounded, pursuant to this section, at the owner’s request and expense, such impoundment may, at the election of the village, be at a veterinary and/or licensed kennel of the owner’s choosing.
§ 9-3-12  LIMITATION OF ANIMALS.
   No person shall permit more than three dogs, excluding puppies under four months of age, nor more than four cats or other domestic animals to be or remain in or about any premises, building or lot within the village under his or her control at any one time, except in veterinary hospitals, pet shops, kennels or dog pounds. The payment of a license or licenses on dogs shall not be construed to allow the keeping of more than the number of dogs as herein provided.
§ 9-3-13  NUISANCES.
   (A)   It is hereby prohibited and it shall be deemed to be a public nuisance for any person to cause or permit any animal, listed below, owned or kept by him or her to do the following:
      (1)   To permit a dog to be at large as provided in this article;
      (2)   To suffer or permit such dog to disturb the peace and quiet of the neighborhood by barking, making other loud or unusual noises, or by running through or across cultivated gardens or fields;
      (3)   To defecate or urinate upon any public place, or upon any premises not owned or controlled by the person owning or keeping the dog or cat; provided, however, that shall any such defecation be completely and promptly removed by the owner or keeper of such dog or cat, the terms of this section shall not be found applicable;
      (4)   To use property under such person’s ownership or control in a manner to allow dog or cat defecation to accumulate so as to constitute a nuisance in fact; and/or
      (5)   To bring or cause to be brought into any shop, store or retail place of business wherein the public is invited to do business with the management thereof, during such hours as the public is invited, or to bring or cause to be brought into any public building at any time any dog, unless such dog is under control and is brought for the purposes of conducting business or inquiry wherein the physical presence of the dog is required.
   (B)   The provisions of division (A)(5) of this section shall not apply to blind persons led by guide dogs.
(Ord. 92-05-51, passed 5-12-1992)
§ 9-3-14  CONTROL OF DEFECATION.
   (A)   Device for removing excrement. It shall be unlawful for any person to cause or permit a dog or cat under his or her ownership or control to be on any property, public or private, not owned or possessed by such person unless such person shall have in his or her immediate possession a device for the complete removal of any excrement which might be deposited by such a dog or cat upon the aforesaid public or private property.
   (B)   Removal of excrement. It shall be unlawful for any person who owns or controls a dog or cat which deposits excrement upon any property, public or private, not owned or possessed by such person to fail to promptly remove such excrement to a proper receptacle located upon property owned or possessed by such person.
   (C)   Penalty. Any person violating any provision of this section shall be deemed to be guilty of an offense and shall be punished by a fine of not less than $20 for the first offense, $30 for the second offense, $60 for the third offense and $120 for the fourth offense and for each offense thereafter. If a person shall be found to have violated division (B) of this section by not promptly removing such excrement, then each day after the day upon which the person was notified to remove such excrement by a village official shall be deemed a separate offense and subject to the progressive penalties contained herein.
(Ord. 92-05-51, passed 5-12-1992)
§ 9-3-15  PROVISIONS NOT APPLICABLE.
   The provisions of this article relating to registration and licensing of dogs shall not apply to dogs of non-residents remaining temporarily in or passing through the village; provided that, such dogs are licensed by some other jurisdiction and provided the owner or keeper of the dog complies with all other provisions of this article.
§ 9-3-16  HUMANE TREATMENT OF BIRDS AND ANIMALS.
   Owners or keepers of dogs, birds and other animals shall provide same with sufficient good and wholesome food and water, proper shelter and protection from weather, veterinary care when needed to prevent suffering and with humane care and treatment. No person shall beat, cruelly ill-treat, torment, overload, overwork or otherwise abuse or abandon any dog, bird or other animal.
§ 9-3-17  BIRDS.
   No person shall kill or wound, or attempt to kill or wound, any game or songbird, or take or destroy the eggs or young of any such bird.
§ 9-3-18  PROHIBITIONS; EXCEPTIONS.
   No animal, with the exception of domesticated cats, dogs, small aquatic animals, small birds and a type of small domesticated animal commonly kept as a household pet in a small indoor cage, shall be kept within the corporate limits; provided, however, that, farm animals may be kept, but only on land zoned as an agricultural and used for such purpose. For purposes of this section, FARM ANIMALS shall mean and include cattle, hogs, pigs, sheep, goats or horses, or any chickens, geese, pigeons or other poultry, or any animal which is principally raised for the sale of a product made by or from the animal; and KEPT shall mean and include owned, harbored, raised, cared for or possessed, whether on a temporary or long-term basis.
(Ord. 99-02-14, passed 2-16-1999)
§ 9-3-19  HORSES, RIDING OF.
   It shall be unlawful to ride a horse or other animal within the village on any public property other than dedicated street pavements within the village.
ARTICLE 4: TREES
Section
   9-4-1    Purpose and intent
   9-4-2    Public nuisances prohibited
   9-4-3    Inspection of public nuisance
   9-4-4    Abatement
   9-4-5    Penalty
§ 9-4-1  PURPOSE AND INTENT.
   (A)   Purpose.  It is the purpose of this article to promote the health, safety and general welfare by providing for the regulation of the maintenance and removal of trees within the village.
   (B)   Intent.  This article is intended to promote:
      (1)   The maintenance and survival of desirable trees within the village; and
      (2)   The protection of village residents from personal injury and property damage, and the protection of Carol Stream from property damage, caused or threatened by the improper maintenance or removal of trees located within the village.
(Ord. 2014-02-08, passed 2-18-2014)
§ 9-4-2  PUBLIC NUISANCES PROHIBITED.
   (A)   Nuisances declared.  The following are hereby declared public nuisances under this section:
      (1)   Any dead tree;
      (2)   Any tree, whether on public or private property, that harbors insects or diseases which reasonably may be expected to harm any other tree, such as Dutch elm disease, oak wilt, emerald ash borer, gypsy moth, Asian longhorned beetle and any other insect or disease deemed a public nuisance by the Village Manager or his or her designee;
      (3)   Any tree, or portion thereof, whether on public or private property, that is substantially dead or in deteriorated or unstable condition and which presents a hazard to persons or property;
      (4)   Any tree, whether on public or private property, that overhangs and because of its deteriorated condition may fall onto another’s private property or onto the public right-of-way and constitutes a danger to the health, safety or welfare of the public;
      (5)   Any tree, whether on public or private property, that obstructs or interferes with the free and safe passage of pedestrian or vehicular traffic.
   (B)   Unlawful to maintain public nuisance.  It shall be unlawful for the owner of any lot or parcel of land, or a tenant upon the land, in the village to permit or maintain on any such lot or parcel of land a public nuisance as identified in division (A) of this section.  It shall be the duty of such owners or tenants to promptly abate any such public nuisance in accordance with the provisions of § 9-4-4.
   (C)   Boundary trees.  A BOUNDARY TREE is hereby defined as a tree that has any portion of its trunk column located on a property line between private property and village property or village right-of-way.  A boundary tree generally is, by operation of law, co-owned by the village and the owner of the abutting private property.  It shall be the duty of the village to promptly abate any public nuisance pertaining to a boundary tree.  The Village Manager, or his or her duly authorized representative, shall serve or cause to be served upon the person that is the owner or tenant of the lot or parcel of land on which any portion of such boundary tree is located, a written notice of the village's intention to abate such public nuisance in compliance with the provisions of this article.
(Ord. 2014-02-08, passed 2-18-2014; Ord. 2014-08-40, passed 8-18-14)
§ 9-4-3  INSPECTION OF PUBLIC NUISANCE.
   In order to carry out the purposes of this article and to implement the enforcement thereof, the Village Manager, or his or her duly authorized representative, is hereby authorized and empowered to request permission from the owner or tenant of the lot or parcel of land at all reasonable hours to inspect any tree or deadwood situated thereon.  The Village Manager, or his or her duly authorized representative, is hereby authorized and empowered to seek from any court of competent jurisdiction an order permitting a search of private property in the event that the village has a reasonable basis to believe that a public nuisance exists on the property or that the ordinances of the village are being otherwise violated.  Either with permission or pursuant to a court order, the Village Manager, or his or her duly authorized representative, may remove specimens from such tree for the purpose of laboratory or other analysis, or to determine whether such tree is infested or is otherwise a nuisance because it is dead or substantially dead, and may serve as a breeding place for a fatal tree disease. It shall be unlawful for any person to hinder the Village Manager, or his or her duly authorized representative, in the performance of any of his or her duties provided for under the provisions of this article.
(Ord. 2014-02-08, passed 2-18-2014)
§ 9-4-4  ABATEMENT.
   (A)   If a laboratory or other analysis of specimens removed from any tree by the Village Manager, or his or her duly authorized representative, determines that such tree is a public nuisance pursuant to this article, or if the Village Manager determines that any dead or substantially dead tree, or deadwood, is a public nuisance as provided in this article, the Village Manager shall serve or cause to be served upon the person that is the owner or tenant of the lot or parcel of land on which such tree or deadwood is located, a written notice requiring such owner or tenant to comply with the provisions of this article.
   (B)   If the person upon whom such notice is served fails, neglects or refuses to remove and destroy such tree or deadwood, or treat for the purpose of eradication of a destructive pest within ten calendar days or within any additional reasonable time as permitted in writing by the Village Manager, or his or her duly authorized representative, after service of such notice, the Village Manager, or his or her duly authorized representative, may proceed to abate the nuisance in accordance with the non-summary abatement provisions of Chapter 14, Article 3 of the Carol Stream Municipal Code.
   (C)   Whenever, in the opinion of an officer of the village possessing police powers, the maintenance or continuation of a tree is determined to be a public nuisance pursuant to this article, and such nuisance creates an imminent threat of serious injury to persons or serious damage to persons or real property, such officer shall proceed with an initial summary abatement of the nuisance in accordance with § 14-3-11 of the Carol Stream Municipal Code.
(Ord. 2014-02-08, passed 2-18-2014)
§ 9-4-5  PENALTY.
   If the person so served and notified does not abate the public nuisance within the specified reasonable time, the corporate authorities may proceed to abate the nuisance in any or all manner allowable by law, including, without limiting the generality thereof, the following:
   (A)   Seeking to impose a monetary penalty as defined by § 1-1-9 of this code by instituting an ordinance enforcement action.
   (B)   Seeking to enjoin the continuation of the nuisance by the filing of a lawsuit in a court of competent jurisdiction.
ARTICLE 5: FEEDING OF WILD ANIMALS PROHIBITED
Section
   9-5-1   Purpose
   9-5-2   Definitions
   9-5-3   Prohibitions
   9-5-4   Violation and enforcement
§ 9-5-1  PURPOSE.
   The intent of this article is to protect the health, safety, and welfare of the community and its wildlife by prohibiting the feeding of wild animals and waterfowl on public and private property in the village.  The feeding waterfowl and other wild animals increases the potential for damage to public parks and private property.  It also elevates the potential for the spread of disease in people and companion animals.  In addition, it is the intent of this article to protect the welfare of the waterfowl and wild animals themselves.  Wildlife studies have shown that feeding waterfowl and other wild animals can interrupt their normal migration patterns, can make them more aggressive in demanding food, cause nutritional problems, expose them to danger by eliminating their natural fear of predators, and promote the spread of diseases and disease-carrying parasites.
(Ord. 2017-06-23, passed 6-5-2017)
§ 9-5-2  DEFINITIONS.
   As used in this article, the following terms shall have the meanings indicated:
   BIRD FEEDER.  A container, receptacle or apparatus designed for the feeding of songbirds or other backyard birds.
   FEED.  To give, place, expose, deposit, distribute or scatter any edible material which can be utilized for consumption by wild animals.  Feeding does not include baiting for the legal taking of fish and/or game.
   PERSON.  Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
   WATERFOWL.  Wildfowl of the order Anseriformes, especially members of the family Anatidae which includes any bird that swims, frequents the water, or lives about rivers, lakes, or other bodies of water, including but not limited to ducks, geese, swan and gulls.
   WILD ANIMAL.  Any animal, which is not normally domesticated in this state, including but not limited to coyotes, deer, feral cats, foxes, groundhogs, squirrels, chipmunks, mice, rats, rabbits, opossums, raccoons, skunks, and waterfowl.
(Ord. 2017-06-23, passed 6-5-2017)
§ 9-5-3  PROHIBITIONS.
   (A)   No person shall purposely or knowingly, feed or in any manner provide access to food to any wild animal or waterfowl within the corporate limits of the village, on lands either publicly or privately owned.  Feeding does not include baiting in the legal taking of fish and/or game.
   (B)   Feeding of songbirds and other backyard birds, not including waterfowl, shall be permitted outdoors at such times and in such a manner that:
      (1)   The feeding does not create an unreasonable disturbance with wildlife;
      (2)   Any feed must be placed within a bird feeder with a maximum volume of not more than one cubic foot, placed at least four feet above ground.
      (3)   Bird feeders are placed where wildlife other than songbirds and backyard birds are unable to eat from them and do not become an attractant for wild animals.
(Ord. 2017-06-23, passed 6-5-2017)
§ 9-5-4  VIOLATION AND ENFORCEMENT.
   Any violation of the prohibitions in § 9-5-3 shall be subject to a fine of $25 and for the first violation of § 9-5-3, and not less than $100 or more than $750 for the second and each subsequent violation.  Each ongoing day of the violation(s) shall constitute a separate offense.  In addition to the financial penalties so provided, the violator shall be subject to an injunctive order to cease the violation and conduct any required clean-up.
(Ord. 2017-06-23, passed 6-5-2017)