For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any animal, poultry, bird, reptile or any other dumb creature, but does not include any human being.
ANIMAL CONTROL FACILITY ( CITY POUND). Any facility operated by or under contract for the State of Illinois, Henry County, or the City of Kewanee, Illinois for the purpose of impounding or harboring seized, stray, homeless, or abandoned dogs, cats and other animals, and also means any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 1994, ILCS Ch. 225, Act 115, §§ 1 et seq., and amendments thereto which operates for the above mentioned purpose in addition to its customary purposes.
ANIMAL SHELTER. A facility operated, owned or maintained by a duly incorporated humane society, animal welfare society, or other non-profit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. ANIMAL SHELTER also means any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 1994, ILCS Ch. 225, Act 115, §§ 1 et seq., and amendments thereto which operates for the above-mentioned purpose in addition to its customary purposes.
APIARY. A place where bee colonies are kept.
BEE. Any stage of the common domestic honey bee, Apis Mellifera Species.
CAT. Except where specifically distinguished, includes all animals of the feline species of the age of four months or older.
CHIEF OF POLICE. The Chief of the City of Kewanee Police Department or his or her designee.
CITY. The City of Kewanee, Illinois, a municipal corporation.
CITY CODE. The City of Kewanee Code of Ordinances.
COLONY. A hive and its equipment and appurtenances, including bees, comb, honey, pollen, and brood.
COMMUNITY SERVICE OFFICER. Any employee of the Community Service Section of the City of Kewanee Police Department having custody and control of the city's animal control facility and of animals therein, and shall include his or her designees.
COMMUNITY SERVICE SECTION. The Community Service Section of the City of Kewanee Police Department.
CONFINE, CONFINED OR CONFINEMENT. The restriction of an animal at all times by such animal's owner or keeper to an escape-proof building or other enclosure separate from other animals and the public.
DANGEROUS ANIMAL. Any animal, as defined above, of any species considered to be ferocious, mischievous or intractable at common law, including lions, tigers, other jungle, desert or mountain cats, bears, elephants, wolves, foxes, raccoons, monkeys, apes, poisonous or constrictor snakes or lizards and shall also mean any animal of any other species, but excluding dogs, known to its owner to be dangerous or any animal, which has given its owner or possessor reason to know that it is dangerous.
DANGEROUS DOG. Any individual dog which when either unmuzzled, unleashed or unattended by its owner or keeper, or a member of the owner or keeper's family, in a vicious or terrorizing manner, approaches, in an apparent attitude of attack, any person upon a street, sidewalk or any public grounds or places, or any property other than the property of the animal's owner or keeper.
DEPARTMENT. The City of Kewanee Police Department.
DOG. Except where specifically distinguished, includes all animals of the canine species of the age of four months or older.
ENCLOSURE. A fence or structure of 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 dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering, and which shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping from the enclosure. ENCLOSURE does not include an invisible fence.
FOUND TO BE A DANGEROUS DOG. That the Chief of Police has, after notice and an opportunity to be heard by the dog's owner or keeper, determined that the dog is a DANGEROUS DOG as defined in this section and has entered a written order based on that determination.
GUARD OR SENTRY DOG. A dog specifically trained and used primarily to perform guard, sentry or other security duty including, without limitation, defending, patrolling, or protecting property, life or safety, at a commercial establishment; however, this definition does not include personally owned pets kept on private residential property that also provide security.
GUIDE OR SUPPORT DOG. A dog specifically trained and used to perform services for the sight or hearing impaired or to provide support services for a disabled person.
HAS BEEN BITTEN. That a person or animal has been seized with the teeth or jaws of another animal so that the person or animal seized has been nipped, gripped, wounded or pierced and further means and includes any contact of animal saliva with any break or abrasion of the skin of the person or animal.
HIVE. A structure intended for the housing of a bee colony.
IMPOUND, IMPOUNDED OR IMPOUNDMENT. Confinement at the City of Kewanee Animal Control Facility or at a licensed veterinarian's place of business.
INOCULATION. The injection, subcutaneously or in such other manner as may be approved by the Illinois Department of Agriculture of an antirabies vaccine meeting standards approved by the Illinois Department of Agriculture or by the United States Department of Agriculture. For purposes of this chapter, vaccination is the same as inoculation.
KENNEL OPERATOR. Any person who operates an establishment, other than an animal control facility, veterinary hospital, or animal shelter, where dogs or dogs and cats are maintained for boarding, training or similar purposes for a fee or compensation; or who sells, offers to sell, exchange, or offers for adoption with or without charge dogs or dogs and cats which he has produced and raised. A person who owns, has possession of, or harbors four or less females capable of reproduction, shall not be considered a kennel operator.
LEASH. A cord, rope, strap or chain, or similar tether, made of appropriate materials, no longer than six feet in length which shall be securely fastened to the collar or harness of an animal and shall be of sufficient strength to keep the animal under control.
LICENSED VETERINARIAN. A veterinarian duly licensed as such under the laws of the State of Illinois or of any other state which, by law, provides for the licensing of veterinarians.
MUZZLED. The practice of preventing an animal from opening its mouth fully by means of any commercially manufactured muzzle or other humane device approved by a community service officer.
OWNER OR KEEPER. Includes any person, including any individual, partnership, society, association, corporation, firm or other legal entity, or any public or private institution, who:
(1) Has a right of property in an animal;
(2) Harbors or keeps an animal, including the feeding of stray animals;
(3) Has an animal in the person's care;
(4) Acts as custodian of an animal; or
(5) Knowingly suffers or permits any dog or cat to remain on or about any premises within the city under said person's charge or control.
PEACE OFFICER. Any City of Kewanee police officer or any other law enforcement officer with authority to act within the jurisdiction of the city.
PET SHOP OPERATOR. Any person who sells, offers to sell, exchange, or offers for adoption with or without charge or donation dogs, cats, birds, fish, reptiles, or other animals customarily obtained as pets in the State of Illinois. However, a person who sells only such animals that he has produced and raised shall not be considered a pet shop operator under this chapter and a veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 1994, ILCS Ch. 225, Act 115, §§ et seq., and amendments thereto shall not be considered a pet shop operator under this chapter.
RUN LINE. The system of tying a dog in place with either rope or chain having a tensile strength of at least 300 pounds and which allows the dog freedom of movement only on the property of the dog's owner or keeper.
RUNNING AT LARGE or AT LARGE. Any time an animal is:
(1) Off its owner or keeper's property or is not confined within a vehicle being driven or parked upon the street while subject to the control of a competent person, and is not controlled by a leash by a competent person to whose commands the animal is obedient; or
(2) On its owner or keeper's property without being contained on the property by means of:
(a) A fence, chain, leash, or other visible, physical, means of restraint sufficient to protect persons or animals not on that property;
(b) An electronic training device such as a pet containment system utilizing an in-ground electrical wire, or a wireless system, to transmit signals to a collar wore by the animal providing electrical stimulation that properly trains the animal, to remain on the owner's or keeper's property;
(c) An electronic training device such as a training collar or remote training collar which upon transmission of a signal from a hand-held device operated by a competent person provides electrical stimulation to the animal and properly trains the animal to remain on the owner's or keeper's property;
(d) Voice control of a competent person to whom the animal will immediately respond in an obedient manner so as to remain on the owner's or keeper's property, regardless of source of agitation or provocation to leave the owner's or keeper's property.
VICIOUS DOG.
(1) (a) Any individual dog that when unprovoked bites or attacks a human being or other animal either on public or private property;
(b) Any individual dog with a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of humans or domestic animals;
(c) Any individual dog that has a trait or characteristic and a generally known reputation for viciousness, dangerousness or unprovoked attacks upon humans or other animals, unless handled in a particular manner or with special equipment;
(d) Any individual dog that attacks a human being or domestic animal without provocation; or
(e) Any individual dog which has been found to be a dangerous dog upon three separate occasions by a court or an administrative hearing unit of competent jurisdiction as set forth in this chapter.
(2) However, no dog shall be deemed vicious if it bites, attacks, or menaces a trespasser on the property of its owner or keeper, or harms or menaces anyone who has tormented or abused it, or is a professionally trained dog for law enforcement duties. Vicious dogs shall not be classified in a manner that is specific as to breed.
WILD ANIMAL. Any animal ferae naturae or naturally wild.
(Ord. 3584, passed 8-11-08; Am. Ord. 4013, passed 7-27-20)