(a) No person shall keep or harbor any animal, livestock, poultry, wild or exotic animal in the Municipality so as to create noxious or offensive odors or unsanitary conditions.
(b) No person owning, keeping or harboring any animal, livestock, poultry, wild or exotic animal shall permit such animal, livestock, poultry, wild or exotic animal to dig, urinate, defecate or otherwise damage any public property or private property other than the sublot or parcel owned or occupied by such owner, keeper or harborer of such animal, livestock, poultry, wild or exotic animal; provided that this prohibition shall not apply to private property onto which such owner, keeper or harborer has permission of the owner of such private property to walk the animal, livestock, poultry, wild or exotic animal, and also provided, that person owning, keeping or harboring such animal, livestock, poultry, wild or exotic animal shall immediately remove all feces deposited by such animal, livestock, poultry, wild or exotic animal and dispose of same in a sanitary manner.
(c) No person shall keep or harbor any animal, livestock, poultry, wild or exotic animal within the Municipality which, by frequent and habitual howling, yelping, barking or other activity, creates unreasonably loud and disturbing noises of such character, intensity and duration as to disturb the peace and quiet of the community or as to annoy, disturb or endanger the comfort, repose or health of persons occupying property in the neighborhood.
(d) No person shall keep or harbor any animal, livestock, poultry, wild or exotic animal in or about an animal shelter adjoining to or abutting any lot upon which another person resides, or any street or highway, so as to constitute a threat to the preservation of the health, safety or general welfare of the public. All places maintained for the harboring or keeping of an animal, livestock, poultry, wild or exotic animal shall be maintained in a clean and sanitary condition free from rats, mice, filth, vermin, rubbish or collection of feces.
(e) No person owning, keeping or harboring any animal, livestock, poultry, wild or exotic animal shall take, lead or carry such animal, livestock, poultry, wild or exotic animal into any store or place of business within the Village except the office of a veterinarian or pet shop or other place of business for the purpose of obtaining services therein offered to such animal, livestock, poultry, wild or exotic animal, provided, however, this section shall not apply to a blind person accompanied by a “seeing eye” dog.
(f) No owner or rider shall ride, lead or permit a horse to travel on or traverse any sidewalk, tree lawn, or lawn area within the Village. This provision does not apply to horses being used for governmental purposes. (Ord. 2009-065. Passed 9-15-09.)
(g) No person shall do any of the following:
(1) A. Own, keep or harbor more than three dogs and/or three cats in or on the premises of any dwelling or household in the Village, excepting puppies and kittens under three months old, unless the zoning lot upon which the dogs and/or cats are kept has a minimum land area of 3,000 square feet for each dog or cat kept on such zoning lot regardless of the number of persons keeping or harboring dogs or cats on such lot. A household or dwelling may simultaneously have three cats and three dogs and not be in violation of this ordinance.
B. It is an affirmative defense to subsection (g)(1)A. hereof if a person can prove all of the following:
1. They owned, kept or harbored more than three dogs and/or three cats prior to 09/15/2009 and the owner, keeper or harborer has proof that they owned, kept or harbored more than three dogs and/or three cats prior to 09/15/2009; and
2. That the dogs and/or cats that are currently in their possession are the same dogs and/or cats that they had prior to 09/15/2009; and
3. They have not added any new dogs and/or cats after 09/15/2009 unless the total sum of the dogs and/or cats that they own is currently three dogs or less and/or three cats or less. (Ord. 2014-140. Passed 12-16-14.)
(2) Regularly keep or harbor more than two dogs and/or two cats outside of a fully enclosed structure between the hours of 10:00 p.m. and 7:00 a.m.
(3) Regularly keep or harbor one or more puppies or kittens under the age of three months outside of a dwelling unit.
(h) No person shall keep or permit to be kept any wild or exotic animal. The prohibition shall not apply to pet stores or to circuses or performing acts or other uses which have been duly authorized by the Safety Director. The Safety Director may issue a temporary permit to keep injured or infant wild animals native to the area which have been deemed to be incapable to surviving without assistance. The Safety Director may order the release of any wild animal kept under a temporary permit.
(i) Any person owning a wild or exotic animal at the time of enactment of this chapter, may pending approval of the Safety Director, obtain a permit to retain such wild or exotic animal provided that:
(1) A permit application is filed with the Safety Director within forty-five days of the effective date of this chapter.
(2) The facilities for housing and containment of such wild or exotic animal are inspected and found to be adequate to prevent such animal from escaping or injuring the public or public safety personnel acting in an official capacity.
(3) An annual permit fee of ten dollars ($10.00) per animal is paid by the owner to the Village.
(4) Upon the death, sale, adoption, exchange, transfer or disposal of such wild or exotic animal, the animal may not be replaced.
(j) Any person owning or harboring any female dog or cat shall, during the period that such animal is in heat, keep it securely confined and enclosed within a building except when out upon such person’s property briefly for toilet purposes, and while in the presence of the owner.
(k) Any animal which, by barking, biting, howling or which in any way or manner injures or disturbs the quiet of any person, or destroys or damages any lawn, tree, shrub, plant, building or other public or private property, other than the property of the owner or person in charge or control of such animal, by scratching, digging, running or otherwise, is hereby declared to be a public nuisance, and no person being the owner or in charge of any animal shall permit such animal to be or create a nuisance as herein defined.
(l) No person, being the owner or in charge or control of any animal, shall allow or permit such animal to defecate or urinate on any school grounds, public parks, or other public property or upon any private property other than that of the owner or person in charge or control of such animal, without the permission of the owner of such property. The restriction in this section shall not be applicable to public property where the owner or person in charge or control of such animal immediately removes all feces deposited by such animal and disposes of the same in a sanitary manner.
(m) For the purposes of this section, a “wild or exotic animal” means any cat other than Felis catus; nonhuman primates other than monkeys; or other canine other than Canis familiaris; poisonous reptile, alligator, crocodiles, or lizard over two feet long; snake over six feet long; bear, kangaroo; eagle; poisonous stinging insect or arachnid.
(n) Whoever violates this section is guilty of a minor misdemeanor and each day of violation shall be considered a separate offense.
(Ord. 2009-065. Passed 9-15-09.)