(A) Nuisance. The keeping of more than five dogs in the village for a considerable period of time detracts from and, in many instances, is detrimental to the healthful and comfortable life for which such areas were created and is therefore declared to be a public nuisance.
(B) Number of dogs limited. Except for dogs housed within a veterinary hospital or animal shelter, it shall be unlawful for any person or persons to keep or maintain or permit the keeping of, on any premises, owned, occupied or controlled by such person or persons, more than five dogs within the village, with the exception that a litter of pups or portion of a litter may be kept for a period of time not exceeding six months from birth.
(C) Keeping howling and barking dogs. It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks excessively or howls to the great discomfort of the peace and quiet of the neighborhood, or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs are hereby declared to be a public nuisance.
(D) Inoculation and tags.
(1) Each calendar year or at such intervals as may hereafter be promulgated by the Department of Agriculture, every owner or keeper of a dog four months or more of age shall cause such dog to be inoculated against rabies. Such owner or keeper of such dog shall cause a serially numbered tag evidencing such inoculation to be attached to a collar or harness worn by the dog.
(2) Every owner or keeper of a dog, regardless of age, shall cause the dog to wear a collar or harness and shall affix thereto a metallic or other suitable tag inscribed with the name, address and phone number, if any, of the owner or keeper of the dog.
(E) Inoculation to be performed by licensed veterinarian; issuance of certificate. The inoculation of dogs required by division (D) above shall be performed by a veterinarian duly licensed to practice his or her profession in this state. Upon performing such inoculation, such veterinarian shall issue to the owner or keeper a certificate evidencing such inoculation and shall also deliver to the owner or keeper a metallic or other suitable tag to be attached to the collar or harness of the dog, which tag shall also certify to the fact of the inoculation against rabies.
(F) Duration of inoculation. The inoculation performed under the provisions of this subchapter shall be effective until the expiration of the calendar year in which the vaccination was performed or the expiration of such period of time as may be promulgated by the Department of Agriculture.
(G) Specifications for tag. The tag issued under the provisions of this subchapter shall be in such form as shall be determined by the Department of Agriculture.
(H) Exhibition of certificate upon request. At any reasonable time upon request of any member of the Police Department or village employee, the owner or keeper of any dog shall exhibit his or her certificate, showing the inoculation against rabies of any dog owned or controlled by him or her.
(I) Restraint of dogs. The owner or keeper of a dog shall keep the dog under restraint at all times and shall not permit such dog to be at large, off the premises of the property of the owner or keeper, unless the dog is under complete control (see 65 ILCS 5/11-20-9 and 510 ILCS 5/9).
(J) Impoundment of dogs running at large or unlicensed dogs; citation of owner or keeper.
(1) It shall be the duty of such employees and officers of the Police Department, and others as shall be designated for that purpose by the Mayor to take up and impound in such place as may be designated and set apart for that purpose, any dog found running at large or unlicensed in the village, contrary to any of the provisions of this subchapter or other regulations of the village.
(2) Once a dog has been seized, it may be released only after payment of fees as set forth in division (M)(1) below.
(3) When dogs are found running at large or untagged and their ownership is known to the animal control officer or police officer, the owner of such dog shall be cited to answer charges for violation of this subchapter, notwithstanding any failure of the animal control officer to impound the dog.
(4) At the time of impoundment, the animal control officer shall prepare an impoundment form to be approved by the Board of Trustees of the village indicating the appropriate impoundment fee, with space provided for the total amount of board and other fees.
(K) Transfer of impounded dog to licensed pound or shelter. Notwithstanding the provisions of division (J) above, at the discretion of the impounding officer, any impounded dog may be held at, transferred to or directly placed with a licensed pound, animal shelter or the Humane Society.
(L) Notice of impoundment and citation to owner or keeper. When a dog is apprehended and impounded, it must be scanned for the presence of a microchip. The owner of every dog impounded under this subchapter, if known, shall be promptly notified by the Police Department of the time and date of the impoundment, which notice shall be given by telephone or by first class mail. In addition to the notice required herein, such owner shall be cited to answer charges for violation of this subchapter.
(M) Redemption; payment of all fees.
(1) It shall be the duty of the owner of any dog impounded under the provisions of this subchapter to immediately redeem such dog, unless the dog has been impounded:
(a) For biting some person within the village;
(b) For being afflicted with rabies;
(c) For being suspected of being afflicted with rabies; or
(d) For being a dangerous or vicious dog pursuant to § 174.19.
(2) An impounded dog may be redeemed by paying to the Police Department or Village Clerk all impoundment fee(s), boarding charges, necessary medical charges and any such other lawful fees accrued pursuant to this subchapter. In addition, the owner must present proof of current rabies inoculation and registration, if applicable, or pay for the rabies inoculation and registration, if applicable, and any cost to scan for microchip done in order to redeem the dog.
(3) Upon payment of the required fees, the Police Department or the Village Clerk shall issue a certificate or receipt stating that all fees have been paid. Such a certificate or receipt will entitle the owner to redeem the impounded dog from the appropriate facility. No dog shall be released without such certificate or receipt.
(4) Redemption shall be made within seven business days of impoundment. If the dog is not redeemed within seven business days from the date of impoundment, the impounded dog may be humanely euthanized, offered for adoption or otherwise disposed of as a stray dog by a licensed pound, animal shelter or Humane Society in accordance with the laws that exist or may hereafter exist.
(N) Redemption and boarding fees. The following redemption fees shall be charged for every dog impounded by the village:
(1) Twenty-five dollars for the taking and impounding of a dog in the village facility;
(2) Fifty dollars for the taking and impounding of a dog in a licensed pound, animal shelter or Humane Society; and
(3) Fifteen dollars boarding fee per day for each day or part thereof, which the dog was impounded, regardless of the impounding facility.
(O) Medical costs. In addition to the redemption fees to be paid for every impounded dog, the owner or redeemer shall pay the animal shelter for all medical charges which have accrued as a result of necessary medical treatment of said dog, for the entire period that it was impounded. Such medical costs may include, but not be limited to, inoculation for rabies required by the Department of Agriculture.
(P) Impoundment of dogs which have bitten persons.
(1) Any dog which shall have bitten or otherwise injured any person so as to cause an abrasion of the skin shall be immediately taken, impounded and kept separate from other dogs for ten days. If, during that period, such dog develops symptoms of illness, a veterinarian shall be called to diagnose its condition. If the symptoms disclosed are such as to indicate the presence of rabies, such dog shall be destroyed, in such a manner, however, as to preserve intact the head, which shall thereupon be detached and immediately sent to the diagnostic laboratory of the Department of Agriculture.
(2) In case such dog cannot be safely taken up and impounded, it may be shot, care being taken to preserve the head intact, which shall thereupon be immediately detached and be delivered to the diagnostic laboratory of the Department of Agriculture.
(3) If, at the expiration of the period of ten days, no symptoms of rabies have developed in such dog so impounded, the same may be redeemed by the owner upon payment of the redemption fees and charges specified herein this code. After having been notified that his or her dog has bitten or otherwise injured any person, the owner or keeper thereof shall not, under any circumstances, permit such animal to be at large unless securely muzzled.
(Q) Village may provide pound. The village may designate a suitable place for the impounding of dogs. The village may also contract with a suitable animal shelter or the Humane Society for the care and boarding of any animals impounded subject to this subchapter.
(R) Obstructing animal control officer; breaking into animal control facility. It is a violation of this subchapter to resist, hinder or molest the animal control officer or police officer while he or she is engaged in the duties imposed upon him or her by this subchapter, or to break into the animal control facility and release or deliver any animal therefrom without having first paid the fees herein specified. Any person who is convicted of these offenses shall be fined according to the penalties provided herein (see 65 ILCS 5/11-1-1 and 5/11-20-9)
(Ord. 2012-02, passed - -2012) Penalty, see § 174.99