6-2-3: CONTROL OF ANIMALS:
   A.   It shall be unlawful:
      1.   Consent Required: For the owner or any person who has in his custody or control, any dog, cat, or other animal to enter upon the premises of another within the village without the consent of the owners.
      2.   Public Body Of Water: To permit any animal, whether licensed or not, to enter any public body of water, pond, fountain or stream.
      3.   Food Establishment: To permit any animal to enter any place where food is stored, prepared, served or sold to the public, or any public building or hall; provided however, that this section shall not apply to any visually impaired or hearing impaired person using a trained guide dog, to veterinary offices or hospitals, or to animal shows or exhibitions.
      4.   Trespass: To permit any animal to run uncontrolled or trespass on private or public property.
      5.   Damage: To permit any animal to damage or destroy any property.
      6.   Vehicles: To permit any dog to chase, run after or jump at vehicles using the public thoroughfares.
      7.   Threatening Animal: To permit any dog to habitually snap, growl, snarl, jump upon or otherwise threaten persons lawfully using any common thoroughfare, sidewalk, passageway, bypath, play area, park or any place where people congregate or walk.
      8.   Vicious Or Dangerous Animal: To own, keep, harbor or maintain any vicious or dangerous animal or animal with vicious propensities in a manner which may or does endanger the safety of persons or property off his premises or lawfully on his premises. Any dog, cat or other animal that has previously demonstrated vicious propensities shall not be permitted upon a public street or highway, or upon any premises other than those of the person owning such dog, cat or other animal unless the dog, cat or other animal wears a muzzle securely fastened about its mouth in such a manner that it cannot bite, and is on a leash securely fastened to a collar or harness. The leash shall have an overall length, including the handle, of not to exceed three feet (3'), shall have a tensile strength of three hundred (300) pounds, and shall be held by its owner or other person able to control such dog, cat or other animal and, while lawfully on the premises of the owner, shall not be allowed to come in contact with any person who is not a member of the immediate household.
      9.   Disturbance Of The Peace 1 : To permit any dog or other animal to howl, yelp, whine, or bark or make noise in such a manner as to disturb any person or neighborhood at any time of the day or night.
      10.   Unsanitary Conditions: To allow any places where any animal is or may be kept to become unclean or unsanitary or become offensive to those residing in the vicinity.
      11.   Livestock: To harbor or keep any live horse, cattle, swine, sheep or goat or to raise any chickens, rabbits, or fowl anywhere in the village. Exceptions are animals kept in agriculture zoning districts or as allowed under special use.
      12.   Number Of Dogs Or Cats: To keep on the premises more than four (4) dogs or cats or any combination thereof over four (4) months of age, or more than two (2) such animals boarded for compensation or kept for sale with the exception of regularly established and zoned veterinary hospitals, pet shops, pounds or shelters.
      13.   Excrement Removal:
         a.   For any person to cause or permit a dog to be on any property, public or private, not owned or possessed by such person unless such person has in his immediate possession a device for the removal of excrement and a depository for the transmission of excrement to a receptacle located upon property owned or possessed by such person.
         b.   Removal Required: For any person in control of, causing or permitting any dog to be on any property, public or private, not owned or possessed by such person to fail to remove excrement left by such dog to a proper receptacle located on property owned or possessed by such person.
      14.   Bites: To fail to report an animal bite.
      15.   Animals Other Than Domestic Pets: To keep, harbor or maintain any animal which may endanger the safety of persons or property. This includes animals other than commonly recognized domestic pets which may harm or injure humans or other animals by injection of toxins, by constriction or suffocation, or by vicious biting, scratching or mauling. It is no defense to a violation of this subsection that the keeper of such animal prohibited herein has attempted to domesticate such animal. Exceptions to this subsection are animals displayed or harbored in a zoo, carnival or circus.
      16.   Public Street Or Highway: To permit any dog, cat or other animal upon a public street or highway, or upon any premises other than that of the person owning such dog, cat or other animal unless such dog, cat or other animal is on a leash securely fastened to a collar or harness. The overall length of the leash including the handle shall not exceed six feet (6') and be held by its owner or other person able to control such dog, cat or other animal and, while lawfully on the premises of the owner, shall not be allowed to come in contact with any person who is not a member of the immediate household.
      17.   Vicious Animal Requirements:
         a.   It shall be unlawful for any person to keep or maintain an animal which has been found to be a vicious animal unless such animal is at all times kept in an enclosure. The only times that a vicious animal may be allowed out of the enclosure are if it is necessary for the owner or keeper to obtain veterinary care for the vicious animal or to comply with the order of a court of competent jurisdiction; provided, that said vicious animal is securely muzzled and restrained with a chain having a tensile strength of three hundred (300) pounds and not exceeding three feet (3') in length, and shall be under the direct control and supervision of the owner or keeper of the vicious animal.
         b.   Any animal which has been found to be a vicious animal and which is not confined to an enclosure shall be impounded by the law enforcement authority having jurisdiction in such area and shall be turned over to a licensed veterinarian for destruction by lethal injection.
         c.   No owner or keeper of a vicious animal shall sell or give away any vicious animal.
      18.   Public Nuisance: For any person to maintain a public nuisance by permitting any dangerous animal to leave the premises of its owner when not under control by leash or other recognized control methods.
   B.   Exemptions: Guide dogs for visually impaired or hearing impaired persons, support dogs for persons with physical disabilities and sentry, guard, or police-owned dogs are exempt from this section, provided an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this subsection, each such dog shall be currently inoculated against rabies in accordance with section 6-2-7 of this chapter. It shall be the duty of the owner of such exempted dog to notify the police department of changes of address. In the case of a sentry or guard dog, the owner shall keep the police department advised of the location where such dog will be stationed.
   C.   Complaint: The village attorney may file a complaint to enjoin all persons for maintaining or permitting such, to abate the same, and to enjoin the owner of such dog or other animal from permitting same to leave his premises when not under control by leash or other recognized control methods. (2003 Code)

 

Notes

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1. See also subsection 5-2-2L3 of this code.