§ 90.01 COUNTY ANIMAL CONTROL PROGRAM.
   (A)   The village adopts the Macon County animal control ordinance applicable within the corporate limits of the village. The county animal control ordinance provides for fees for registration and tags, fines, penalties and late fees, which shall then apply to the area within the corporate limits of the village. The county provisions may be amended from time to time and shall automatically apply to the village.
   (B)   The county agrees to perform the following functions, obligations and duties:
      (1)   The county shall administer the animal control and care facility currently located at 2820 Parkway Drive, Decatur, Illinois, and shall provide the personnel, equipment and supplies to operate the facility for the impoundment of animals and all its related purposes and activities. The facility shall have reasonable hours of operation for the various divisions of the animal control program based on the reasonable needs for services.
      (2)   In general, the county shall perform the following functions:
         (a)   Investigate and respond to calls concerning violations of the acts occurring throughout the county;
         (b)   Investigate and respond to calls concerning any violations of the animal control provisions of the county animal control ordinance occurring within the corporate limits of the village;
         (c)   Pick up, care for and dispose of live stray animals (known as running at large) within the corporate limits of the village;
         (d)   Perform such fieldwork, investigation, and duties as are necessary to effectuate the purposes of the acts and the county animal control ordinance. This includes the duty to issue citations and/or notices to appear for violations of the acts and the county animal control ordinance, as well as write reports in situations involving possible legal action and forward those citations, notices, and reports to the appropriate prosecutor’s office, and to timely respond to reasonable requests from the prosecutor’s office; and
         (e)   After the close of normal business hours, the county shall provide an animal control warden to be on call to answer emergency calls after hours for calls within the corporate limits of the village. An after hours telephone number shall be accessible to those calling animal control. Animal control shall provide a reasonable response to all calls.
      (3)   Specifically, the county shall, 24 hours per day, perform the following services within the corporate limits of the village:
         (a)   Respond to aggressive animals capable of carrying rabies, which are running at large or threatening the safety of the public;
         (b)   Respond to any bites by animals capable of carrying rabies to humans or other animals;
         (c)   Respond to injured animals;
         (d)   Respond to wildlife capable of carrying rabies in living quarters; and
         (e)   Assist emergency service workers (fire, police, ambulance, sheriff and the like) when needed.
      (4)   Specifically, the county shall, during fieldwork operations business hours only, perform the following services within the corporate limits of the village:
         (a)   Respond to domestic animals running at large;
         (b)   Respond to welfare and/or humane investigations for violations of the acts and/or the county animal control ordinance;
         (c)   Provide rabies vaccination enforcement and control;
         (d)   Attend dangerous animal and vicious animal meetings;
         (e)   At the request of the village, pick up and dispose of dead animals, unless such animals are on roadways maintained by the Illinois Department of Transportation; and
         (f)   Respond to animal control violations under the county animal control ordinance.
      (5)   The county may negotiate and establish contracts with other entities for the use of the animal control facilities, including the freezer and crematory, by such other entities.
      (6)   The county shall provide a report to the village, at the request of the village, indicating animal control and shelter activity for year to date. This report shall include, but is not limited to, the following: total of all animals impounded, including dogs, cats, bite cases, owner-released animals, stray animals, adoptions, reclamations, animals euthanized, and a total of all citations and notices to appear issued from the acts and the county animal control ordinance.
      (7)   The county may prosecute violations of the acts throughout the county.
      (8)   The county shall be entitled to retain all fees, fines, penalties, and late fees collected for enforcement and prosecution of violation of the acts and the county animal control ordinance. Payments by the public to the county shall be made at a location or locations as determined by the county.
   (C)   The village agrees to perform the following functions, obligations and duties:
      (1)   Any fines arising from citations issued by the county within the corporate limits of the village and not paid within 30 days of issuance shall become the responsibility of the village. The county shall bill the village monthly for such unpaid citations and said sum shall be due on the first day of the following month. The village, at its discretion, may pursue prosecution, collection, and reimbursement from the offender for the unpaid citation.
      (2)   The village agrees make payments as indicated on the attached fee schedule. The county shall bill the village monthly for such sums, which sums shall be due on the first day of the following month.
   (D)   The county animal control program shall be supervised by the County Sheriff. Animal control reserves the right to decide what animals are or are not adoptable.
   (E)   The village and the county each agree to indemnify and hold the other harmless for any damages or claims arising out of their respective duties and responsibilities under the animal control agreement or the acts.
   (F)   Modifications to the animal control agreement, including modifications of services to be provided by either party, shall be made in writing upon agreement of the village and the county.
   (G)   The animal control agreement may be terminated by either party upon giving the other party 60 days written notice of its intention and desire to terminate the same.
   (H)   Any notice required to be given under the animal control agreement shall be delivered by personal service or by certified mail and return receipt.
(Ord. passed 8-20-2013)