A. Rules of Word Construction. The language set forth in the text of this Chapter shall be interpreted in accordance with the following rules of construction:
1. The singular number includes the plural number and the plural the singular.
2. The word “shall” is mandatory; the word “may” is permissive.
3. The masculine gender includes the feminine and neuter.
B. Definitions. Whenever in this Chapter the following words and phrases have been used, they shall, for the purposes of this Chapter, have the meanings respectively ascribed to them to this subsection, except when the context otherwise indicates:
1. ANIMAL. Any live creature, both domestic and wild, except humans.
2. ANIMAL CONTROL OFFICER. An officer, employee or agent of the Village, designated by the President and Board of Trustees to administer and enforce the inspection and enforcement requirements contained within this chapter.
3. ANIMAL HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of animal diseases and injuries.
4. ANIMAL NUISANCE. Any nuisance arising out of the keeping, maintaining or owning of, or failure to exercise sufficient control of an animal.
5. ANIMAL SHELTER. Any facility operated by a duly incorporated humane society, animal welfare society, facility operated by a veterinarian or nonprofit organization, whose purpose is to provide for the temporary care, confinement and detention of animals and for the humane killing and other disposition of animals.
6. APIARY. A collection of hives or colonies of bees kept for their honey
7. AT HEEL. A dog is directly behind or next to a person and obedient to that person's command.
8. AT LARGE. Any animal found located off of the premises of its owner, and not on a leash, harness or other tether and/or not otherwise under the immediate control of a person.
9. CAT. All members of the domestic feline family.
10. CRUELTY. Any act of omission whereby unjustifiable physical pain, suffering or death of an animal is caused or permitted, including failure to provide proper drink, air, space, shelter or protection from the elements, a sanitary and safe living environment, veterinary care or nutritious food in siphoned quantity. In the case of activities where physical pain is necessarily caused, such as medical and scientific research, food processing, customary and normal veterinary and agricultural husbandry practices, pest elimination, and animal training and hunting, CRUELTY shall mean a failure to employ the most humane method reasonably available.
11. DISPOSITION. Adoption, quarantine, voluntary or involuntary custodianship or placement, or euthanasia humanely administered to an animal. DISPOSITION includes placement or sale of an animal to the general public, or removal of an animal from any pet shop to any other location.
12. DOG. All members of the domestic canine family.
13. DOMESTIC ANIMAL. An animal which has been domesticated by man, raised to live and breed in a tame condition and in confinement.
14. FARM ANIMAL. Any animal of the species fowl, ovine, caprine, bovine, porcine, camelid, cervidae and equine.
15. GUARD DOG. A dog trained to attack on command or to protect persons or property, and who will cease to attack upon command.
16. IMPOUNDMENT. The taking into custody of an animal by any police officer, animal control officer, or any authorized representative thereof.
17. KENNEL. Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.
18. MUZZLE. A device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.
19. OWNER. Any person having temporary or permanent custody of, sheltering or having charge of, harboring, exercising control over, or having property rights to, an animal covered herein. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) or more consecutive days.
20. PERSON. Any person, firm, partnership, association, or corporation of any kind.
21. PUBLIC NUISANCE ANIMAL. Any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term PUBLIC NUISANCE ANIMAL shall include, but not be limited to:
a. Any animal that is repeatedly found running at large;
b. Any dog or cat in any section of a park or public recreation area unless the dog or cat is controlled by a leash or similar physical restraint;
c. Any animal that damages, soils, defiles or defecates on any property other than that of its owner;
d. Any animal that makes disturbing noises, including but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
e. Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;
f. Any animal in heat that is not confined so as to prevent attraction or contact with other animals;
g. Any animal, whether or not on the property of its owner, that without provocation, molests, attacks or bites any person, or otherwise interferes with the freedom of movement of persons in a public right-of-way;
h. Any animal that chases motor vehicles in a public right-of-way;
j. Any animal that attacks or bites any domestic animal;
k. Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; and
l. Any animal that is offensive or dangerous to the public health, safety or welfare by virtue of the number of animals maintained at a single residence or the inadequacy of the facilities.
22. SANITARY. A condition of good order and cleanliness to minimize the possibility of disease transmission.
23. UNDER RESTRAINT. That an animal is secured by a leash, lead under control of a person physically capable of restraining the animal and obedient to that person's commands, or securely enclosed within the real property limits of the owner's premises.
24. VICIOUS ANIMAL or DANGEROUS ANIMAL. Any animal that (1) has attacked, bitten, endangered, or inflicted injury on a human being, domestic animal, or livestock without adequate
provocation, or (2) because of temperament or training, has a known propensity to attack, bite, or physically injure human beings, domestic animals, or livestock, (3) is owned or harbored primarily or in part for the purpose of animal fights. An animal shall not be deemed to be vicious or dangerous if the behavior of the animal is exhibited when teased, tormented, abused or assaulted or when a trespass, tort or crime occurs on the premises where the animal is located or when the animal is protecting a human being within the vicinity from an attack or assault.
25. VILLAGE. The Village of Mettawa, Lake County, Illinois.
26. VILLAGE BOARD or BOARD. The President and Board of Trustees of the Village.
27. WILD ANIMAL. Any animal which, because of its size, vicious propensity or other characteristic would constitute a danger to human life or property, or which are generally accepted as incapable of being domesticated. The term wild animal includes, but is not limited to monkey, nonhuman primate, raccoon, skunk, coyote, wolf, fox, bear, alligator, crocodile, snake, leopard, panther, tiger, lion, lynx or any other animal that can normally be found in the wild state.
(Ord. 355, passed 10-8-97; Am. Ord. 705, passed 10-18-2011; Am. Ord. 886, passed 11-21-2023)