§ 92.03  ADOPTION OF KANE COUNTY ANIMAL CONTROL ORDINANCE.
   The village adopts and incorporates by reference Kane County’s Animal Control Ordinance, Chapter 5 of the Kane County Code, with the following exceptions thereto, consisting of certain deletions and changes, which shall control wherever such exceptions are applicable or are in conflict with certain other provisions of that code. In addition, to the extent that any provision of the Kane County Animal Control Ordinance limits its application to the corporate area of the county, outside of a municipality, that provision shall apply within the village.
   (A)   Section 5-2: Definitions:
      (1)   The definitions in § 92.02 of this chapter are incorporated into the county ordinance, subject to the following:
         (a)   “Dangerous dog”, as defined in the county ordinance shall be deleted and replaced with “dangerous dog; dangerous dog or other animal; dangerous animal”, as defined in § 92.02:
      DANGEROUS DOG OR OTHER ANIMAL; DANGEROUS DOG; DANGEROUS ANIMAL: Any individual dog or other animal, when unmuzzled, unleashed, or unattended by its owner or custodian that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal in a public place, including menacing behavior.
         (b)   The definition of “department” in the county ordinance shall be amended to include the following:
   The Police Department shall have the same authority as the Department for village enforcement purposes.
         (c)   The definition of “enclosure” in the county ordinance shall be deleted and replaced with the following definition from § 92.02:
      ENCLOSURE: A fence or structure with a design approved by the village of at least six feet in height, which is covered, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious or dangerous animal in conjunction with other measures that may be taken by the owner or keeper, such as tethering of the vicious or dangerous animal within the enclosure. The enclosure shall be securely enclosed and locked and designed to prevent the animal from escaping from the enclosure. If the enclosure is a room within a residence, the door must be locked. A vicious or dangerous animal may be allowed to move about freely within the entire residence if it is muzzled at all times.
         (d)   The term and definition of “vicious dog” in the county ordinance shall be deleted and replaced with “vicious animal; vicious dog or animal”, as defined in § 92.02:
      VICIOUS ANIMAL; VICIOUS DOG OR ANIMAL:
      1.   Any individual dog or other animal that when unprovoked bites or attacks a human being or other animal either on public or private property; and
      2.   Any individual dog or other animal that has a trait or characteristic and a generally known reputation for viciousness, dangerousness, or unprovoked attacks upon human beings or other animals, unless handled in a particular manner with special equipment.
         (e)   These new terms and definitions shall be substituted whenever the original term is referenced.
   (B)   Section 5-9: Dog Running At Large; Public Nuisance; Impoundment: shall be amended as follows:
      (1)   The title shall be revised to read: Dogs/Cats Running At Large; Public Nuisance; Impoundment; and
      (2)   The following shall be inserted at the end of the paragraph:
         This paragraph applies to cats, which are not permitted to run at large.
      (3)   The following paragraph shall be added:
         The following restrictions apply specifically to dogs:
            1.   It shall be unlawful to permit any dog, except when on a leash controlled by the owner or his or her agent, to use or be upon any public street, sidewalk, parkway, public area or unenclosed premises within the village.
            2.   It shall be unlawful to permit any dog, even though on a leash, to be in or enter upon any public hall, restaurant, confectionery shop, office, store, grocery, tavern or any other store for the sale of food, except any store for the sale of animal pets anywhere within the village during the time that any of the places are open for use by the public.
            3.   It shall be unlawful for any dog, even though on a leash, to go or be upon any school premises or public playground within the village or upon a path or sidewalk extending through or within any school premises or public playground within the village, unless permitted by their respective authorities.
            4.   No leash shall be longer than eight feet in length.
            5.   The provisions of this section shall not apply to dogs leading blind persons or other duly approved service animals in the course of their service.
            6.   Any waste deposited by a dog on public property or right-of-way, public walks, recreation areas or the private property of others must be immediately removed by the person who has custody or control of the dog unless otherwise authorized by the property owner. Any person violating this section shall be liable for the cost of removal of the waste in addition to the penalty provided for violation of this code.
   (C)   Subsection E of Section 5-10: Notice Of Impoundment: Service Of Notice; Redemption Of Impounded Dog; Conditions, is amended to include the following:
      Payment of an additional impoundment fee into the county’s animal control fund, as a penalty for the first offense and for each subsequent offense, does not apply if apprehension and impoundment is by the Police Department.
   (D)   Section 5-12: Animals Exhibiting Signs Of Rabies; Notice To Administrator; Confinement Of Animal; Animals Exposed; Confinement; is amended to be and read as follows:
      The owner of any animal which exhibits clinical signs of rabies, whether or not such animal has been inoculated against rabies, shall immediately notify the County administrator or Chief of Police, and shall promptly confine such animal under the direct supervision of a licensed veterinarian for a period of at least ten days. Any animal in direct contact with such animal, whether or not the exposed animal has been inoculated against rabies, shall be confined as ordered by the administrator or Chief of Police.
   (E)   Section 5-13, Report Of Bite By Animal; Confinement; Report; At End Of Confinement; Confinement In Owner’s House; Reduction Of Period; Violations; Expense; shall be amended by inserting the following final paragraph:
      The Chief of Police shall have the same authority as the County administrator under this section, and shall work cooperatively with the administrator.
   (F)   Section 5-14: Prevention Of Spread Of Rabies; Powers; shall be amended by inserting the following final paragraph:
      The Chief of Police also may order such preventive action.
   (G)   Section 5-15: Enclosure For Vicious Dog Or Other Animal; Leash For Dangerous Dog Or Other Animal; Exemptions; Injunction; Nuisance, is amended as follows:
      (1)   A new first paragraph is inserted, to be and read as follows:
         A vicious or dangerous animal is declared to be a nuisance and it is unlawful to keep or harbor a nuisance animal, except as specifically provided in this section.
      (2)   The following additional requirements are added:
         (a)   Vicious and dangerous dogs shall not be classified in a manner that is specific to breed.
         (b)   If an animal is found to be vicious or dangerous, it shall be subject to enclosure if deemed appropriate by the Chief of Police. The owner of a vicious animal or dangerous dog shall allow reasonable access of a police officer to inspect the enclosure for compliance with an enclosure order and the animal shall not be released to the owner until so approved.
         The only times that a vicious or dangerous animal is allowed out of the enclosure are:
            (1)   if it is necessary for the owner or keeper to obtain veterinary care;
            (2)   in case of an emergency or natural disaster where the animal’s life is threatened; or
            (3)   to comply with the order of the court or Hearing Officer, provided that it is securely muzzled and restrained with a leash not exceeding six feet in length, and shall be under the direct control and supervision of the owner or keeper or muzzled in its owner’s residence.
         (c)   No owner or keeper of a vicious or dangerous animal shall sell or give it away without court or Hearing Officer approval.
         (d)   Whenever an owner of a vicious or dangerous animal relocates, he or she shall notify the administrator and the Police Department within seven days of relocation.
         (e)   A Hearing Officer may find an animal to be vicious and order it to be removed from the village.
         (f)   Any animal that has been found to be a dangerous animal and is not confined to an enclosure shall be impounded by the Police Department, an animal control warden or any law enforcement authority have jurisdiction in that area.
         (g)   The Chief of Police may find an animal to be dangerous, pursuant to the same requirements as the County administrator. The owner of a dog or other animal so found to be a dangerous animal may request a hearing to contest the matter in Administrative Adjudication within 30 days of receipt of notification of the determination, for a de novo hearing on the determination.
         (h)   No dog or cat or other domesticated animal, which kills a chicken or duck on a permitted tract of land, shall for that reason alone be considered a vicious or dangerous animal.
         (i)   The village may file any complaint in Administrative Adjudication, in accordance with its procedures.
         (j)   References to “court” shall be replaced with “court or Hearing Officer;”
         (k)   For enforcement purposes, the Chief of Police shall have authority to make determinations otherwise granted to the County administrator.
   (H)   Division 2. Prohibited Animals, Sections 5-16 to 5-16-2, is deleted in its entirety and replaced with the following:
      5-16: Dangerous Animals.
      It shall be unlawful to keep or harbor in the village any bear, lion, wildcat, catamount, orangutan, chimpanzee, tiger, poisonous or other dangerous reptile or any other animal which is free by nature or wild by nature in the eyes of the law and dangerous to humankind. It shall also be unlawful for any person to keep or harbor any vicious animal in the village or any animal which is dangerous because of a propensity to injure persons, except in accordance with Section 5-15 of this chapter.
   (I)   A new Section 5-16-1, Potentially Dangerous Dog; Vicious Animal, shall be inserted to be and read as follows:
      5-16-1: Potentially Dangerous Dog; Vicious Animal.
      A.   A dog found running at large and unsupervised with 3 or more other dogs may be deemed a potentially dangerous dog by an animal control warden or Police Officer. Potentially dangerous dogs shall be spayed or neutered and micro-chipped within 14 days of reclaim. The designation of “potentially dangerous dog” shall expire 12 months after the most recent violation of this Section. Failure to comply with this Section will result in impoundment of the dog and/or a fine.
      B.   A potentially dangerous dog may be deemed a vicious animal if it, or one or more of those other dogs, committed an unprovoked bite or attack on a human being or other animal on public or private property.
   (J)   A new Section 5-16-2, Biting Dogs, shall be inserted to be and read as follows:
      5-16-2: Biting Dogs.
      A.   Biting Dog. A dog which has bitten, scratched or otherwise injured any person so as to cause abrasion to the skin of the person.
      B.   Whenever a dog has bitten, scratched or otherwise injured a person within the village so as to cause an abrasion of the skin and the person so injured was not, at the time, unlawfully trespassing upon the person or property of the owner of the dog, process shall issue and be served upon the owner of the dog.
      C.   If the defendant is found guilty, he or she shall be fined for the offense, or the court or Hearing Officer may stay execution and continue the cause subject to an order that defendant have the dog disposed of within the time for which the case is continued. Upon satisfactory showing to the court or Hearing Officer that the dog has been disposed of, the court or Hearing Officer, in its discretion, may dismiss the action.
   (K)   A new Section 5-16-3, Damage to Property, shall be inserted to be and read as follows:
      5-16-3: Damage To Property.
      No person shall, without the consent of the owner of the property concerned, permit any dog or cat in his or her custody or control to enter upon the premises of another within the village, or permit any dog or cat in his or her custody to injure or carry away any vegetable, plant, fruit, shrub, tree, flower or other thing which may be on the premises or which may be planted or seeded there.
   (L)   Sections 5-19 through 22 shall not be interpreted to infer or imply that the animals protected thereunder are permitted in the village, because farm animals, other than chickens and ducks, are not permitted pursuant to §§ 92.08 and 92.09 of this chapter.
   (M)   Sections 5-26: Prohibited Acts: shall be amended to permit the purchase of baby chicks and baby ducklings to the extent that it complies with § 92.06 of this chapter.
(Ord. 20-14, passed 5-4-2020; Am. Ord. 21-03, passed 1-18-2021)