(A) Definitions: The following words and phrases, when used in this section, shall have the meaning respectively ascribed to them:
AT LARGE: Off the premises of the owner and not under the control by leash or otherwise by the owner, a member of the owner's family or an authorized person. For the purposes of this chapter, voice control shall not be considered as control. Secure confinement of a dog or cat within a vehicle of the owner shall not be considered being "at large". A dog on its owner's property is at large if it is not contained on the property by means of a fence, secure chain, leash, or other visible means of restraint sufficient to protect pedestrians on village property, including sidewalks and parkways, or on adjacent properties.
CAT: All members of the family Felidea.
DOG: All members of the family Canidea.
FERAL CAT: A cat that: 1) is born in the wild or is offspring of an owned or feral cat and is not socialized, or 2) is a formerly owned cat that has been abandoned and is no longer socialized or a cat not socialized living on a farm.
IMPOUNDED: Taken into custody of the public animal control facility in the village, town, or county where the animal is found.
INOCULATED AGAINST RABIES: The injection of an antirabies vaccine approved by the department of agriculture for the state of Illinois.
LEASH: A cord, rope, strap or chain securely fastened to the collar or harness of a dog and of sufficient strength and security to keep such dog under control.
OWNER: Any person having a right of property in an animal who keeps or harbors an animal, or who has an animal in his/her care, or acts as its custodian, exerts control over it, or who knowingly permits an animal to remain on or about any premises owned by such person.
POUND OR ANIMAL CONTROL FACILITY: May be used interchangeably and mean any facility approved by the village board for the purpose of enforcing this section and used as a shelter for seized, stray, homeless, abandoned, or unwanted animals.
TAG: A serially numbered medallion approved by the animal control department to be issued, as evidence of inoculation against rabies.
(B) Disturbing The Peace:
1. (a) If a warning in substantially the manner required in subsection (B)1(b) of this section is first provided, then it shall be unlawful for any person to own, possess, or keep any animal which makes noise with such frequency, volume, character, or duration as to disturb the peace and quiet of the neighborhood.
(b) A "warning" shall mean to make known to the person(s) responsible that one or more person(s) is annoyed or disturbed by the said noise being created. A written warning shall be given to any person(s) whom the person issuing the warning reasonably believes to be the owner, possessor, or keeper of the animal. Such warning may be given by either a village official or a private citizen and shall be given not more than ninety (90) days prior to the continuation or reoccurrence of the noise which results in the violation charged.
2. No person owning any dog, or having custody of any dog, shall permit such dog, without reasonable provocation, to seriously or viciously frighten, annoy, scratch, push, growl at, bark at, jump at or bite any person who is peaceably conducting himself or herself in a place where he or she may lawfully be; nor to permit said dog to damage property not belonging to the owner of the dog.
(C) Dogs Running At Large; Impoundment:
1. (a) No owner of any dog shall permit such dog to run at large or to be on any public property or property other than that of the dog's owner without being securely restricted by a leash or other secure means.
(b) Tethered dogs must be secured with a substantial and adequate collar, chain, stake or other components to reasonably ensure that the dog cannot break free or otherwise escape the said restraint, and said dog cannot go beyond the owner's or keeper's property while tethered. The animal control officer may inspect said restraints and if found to be inadequate, in said animal control officer's judgement, then the owner of said dog shall replace the restraints with restraints deemed adequate by said animal control officer.
2. Every owner of a dog shall prevent said dog from running at large within the village limits. Any dog found to be running at large shall be deemed a nuisance and impounded.
3. Any person found to be in violation of this subsection shall be fined fifty dollars ($50.00) for the first offense and one hundred dollars ($100.00) for each subsequent offense. If an owner owns more than one dog found to be in violation of this subsection, it shall constitute a separate offense for each dog.
(D) Cats Running At Large:
1. Every owner of a cat shall prevent said cat from running at large within the village limits. Any cat found to be at large within the village limits shall be deemed a nuisance and impounded.
2. Any owner of a cat found to be in violation of this subsection shall be fined fifty dollars ($50.00) for the first offense and one hundred dollars ($100.00) for each subsequent offense. If an owner owns more than one cat found to be in violation of this subsection, it shall constitute a separate offense for each cat.
(E) Vicious And Dangerous Dogs: No dog, which has been declared dangerous or vicious by a judge, animal control officer or other authorized government official or authorized governmental body or entity pursuant to state statute or county or municipal ordinance, is permitted within the village limits. All dangerous or vicious dogs are hereby declared a nuisance, and shall be removed from the village. Each day that a vicious or dangerous dog remains in the village after the owner or keeper receives a written notice from the village to remove said dog, shall be a separate offense with a fine of one hundred dollars ($100.00) for each offense.
(F) Inoculation Of Dogs And Cats:
1. Every owner of a dog or cat four (4) or more months of age shall cause such dog or cat to be inoculated against rabies by a licensed veterinarian annually or at such intervals as hereafter may be promulgated by the department of agriculture and register said dog or cat with the county animal control department.
2. All dogs and cats residing within the village limits shall wear at all times the inoculation tag procured from the county animal control department. The tag shall be securely attached to the collar or harness of that dog or cat for which the tag was obtained.
3. Any person in violation of this subsection shall be fined fifty dollars ($50.00). A warning may be issued on the first offense if the following criteria are met: the dog or cat is spayed or neutered, the dog or cat is microchipped, and the dog or cat is currently vaccinated and registered.
(G) Removal Of Excrement:
1. No owner or person in control of a dog shall permit the dog to deposit fecal matter on any public right of way or property, other than that of the owner or person in control, without providing a means of disposing of the fecal matter. The owner or person in control of the dog shall promptly remove any fecal matter deposited on any property, other than that belonging to the owner or person in control of the dog. This subsection (G) shall not apply to support dogs or guide dogs for the blind, visually handicapped, hearing impaired or otherwise physically disabled persons.
2. No owner or person in control of a dog shall permit said dog's fecal matter to accumulate on the premises of said owner or person in control of said dog to the extent that the odor from said fecal matter is reasonably noticeable on adjacent properties.
(H) Nuisances: Any dog or cat found in the village without proper rabies tags is hereby declared to be a nuisance and shall be impounded as provided in this section.
(I) Offenses: The offenses specified in this section shall be absolute liability offenses.
(J) Impoundment:
1. The village board may provide a pound or animal control facility for the impoundment of dogs and cats or the president may contract with other agencies for impoundment services.
2. Dogs and cats impounded for violations of this section shall be held for a five (5) business day period. Feral cats impounded shall be held for a three (3) day period. After the said holding period has expired and expiration of the notice period provided in subsection (K)2 of this section, any such impounded dog or cat which has not been redeemed is hereby declared to be a public nuisance and shall be disposed of in accordance with state law.
(K) Notice Of Impoundment:
1. Upon taking or receiving any dog or cat for impounding, it shall be the duty of the dogcatcher to enter upon his records the date of impounding, a description of the dog or cat impounded and a record as to whether or not such dog or cat has been inoculated and tagged with a proper rabies tag as required by this section.
2. If any such impounded dog or cat has tags or microchip or other means of identifying the owner thereof, the dogcatcher shall make a reasonable attempt to notify such owner as soon as possible of the impoundment of the dog or cat by certified mail, return receipt requested, to the last known address of said owner at least seven (7) business days prior to disposal of said animal. The testimony of the dogcatcher or his/her authorized agent, who mails such notice, shall be evidence of the receipt of such notice by the owner of the animal.
(L) Redemption:
1. The owner of any impounded dog or cat may redeem said animal within above said holding period by paying an impoundment fee of fifty dollars ($50.00), together with an additional fee for the current boarding charges of the facility where the dog or cat is impounded for each day or any part of a day, and any veterinary costs and microchipping fees, and any other necessary or reasonable charges incurred in maintaining such animal. When the fees are paid and the owner has given reasonable and satisfactory proof of ownership of the dog or cat, the dog or cat shall be released to the owner.
2. If any impounded dog or cat does not have a current rabies inoculation or registration tag, the owner redeeming such dog or cat shall in addition to the charges stated in subsection (L)1 of this section, pay the necessary fee for inoculation and/or the necessary fee for the registration tag for the current year.
3. In the event a dog or cat is not redeemed by its owner and is disposed of in accordance with provisions provided herein, the owner of said dog or cat shall be responsible for all fees, fines and charges pursuant to this section, and shall pay said amount within thirty (30) days of receipt of an invoice for the same from the village.
(M) Animal Control Officer: The village board is authorized to hire or contract such person or persons as it deems necessary as animal control officers for the purpose of enforcing the provisions of this section and any person so employed or contracted shall have the authority to pick up and impound dogs and cats that are in violation of this section.
(N) Intergovernmental Agreement: The village of St. Joseph and county of Champaign have entered into an intergovernmental agreement for animal control services. The Champaign County animal control officer has concurrent authority with the village of St. Joseph to enforce this section. So long as said intergovernmental agreement is in effect, the Champaign County animal control officer shall have the authority to:
1. Impound animals, to investigate reported complaints and suspected violations and conduct such inspections of property as are necessary to determine whether violations of this section exist.
2. To issue citations.
3. To contract with a qualified individual or business to provide any veterinary care necessary to vaccinate the animal or make a determination of the animal's medical status, to humanely eliminate any immediate suffering of an animal, or to euthanize any animal where necessary for either the comfort of the animal or safety of the public at the cost and expense therefor to be paid by the owner, possessor, or keeper.
4. To issue notices of violations of this section to the responsible persons whenever he or she shall determine that a violation constituting a nuisance has occurred. Notices shall be in writing, shall indicate the nature of the violation and, when appropriate, state the action necessary to correct the violation. The notice of a violation shall allow a reasonable period of time to correct the violation. If the notice is sent by U.S. mail, delivery shall be presumed to have occurred on the second day after mailing.
(O) Appeals: A person who believes that they have been aggrieved by any decision, notice or action taken under this section may appeal his or her decision to the board of trustees of the village of St. Joseph, Champaign County, Illinois. Appeals shall be taken as follows:
1. Notice of appeal must be made to the village clerk no less than ten (10) days prior to the next village board meeting.
2. A notice of appeal shall state the following information: the name, address, and telephone number of the person appealing; the date of the decision, notice or action in question; description of the decision, notice or action being questioned; and the reason the said decision, notice, or action should be reversed or modified.
3. The village clerk shall note the appeal as an item on the village board agenda. The appellant shall be notified by U.S. mail of the date of the appeal hearing no later than five (5) days prior to the board meeting date. Delivery shall be presumed to have occurred on the second day after mailing.
4. An appeal stays all proceedings to enforce the action appealed unless the agent of the village or county from whom the appeal is taken certified to the board of trustees after the notice of appeal has been filed with him or her that by reasons of facts stated in the certificate a stay could in his or her opinion cause imminent peril to the health, welfare, or property of any person; in which case proceeding shall not be stayed except by an order from a court of competent jurisdiction.
5. The board of trustees, may, so long as such action is in conformity with the terms of this section, reverse, modify, or affirm, wholly or in part, the decision, notice or other action of the agent of the village or the county from which the appeal is taken and may make such order requirement, decision or determination as ought to be made.
6. The decision of the board shall be put in writing in the minutes of the village board meeting and a copy shall be mailed to the appellant within ten (10) days of the approval of those minutes. If the board shall find against an appellant, the board shall establish a prompt but reasonable period of time for the appellant to correct the violation before prosecutions may be instituted.
(P) Penalties: Any person responsible for a nuisance as proscribed by this section must abate the nuisance within the period of time allowed by the agent of the village or county from whom the appeal is taken or appeal the decision of the agent of the village or county to the board of trustees. Unless otherwise provided herein, any owner or keeper of an animal found to be in violation of this section shall be fined one hundred dollars ($100.00) for the first offense and each subsequent offense. Each day the nuisance or violation is permitted to exist after the time permitted for abatement expires shall be a separate offense. If a person appeals the decision of the agent of the village or county to the board of trustees, and the board orders abatement of the nuisance, the person must abate the nuisance within the time fixed by the board. If the appellant fails to abate the nuisance or violation as ordered, he/she shall be guilty of an offense of this section and upon conviction shall be fined the sum of one hundred dollars ($100.00) per day of violation. Each day the nuisance or violation is permitted to exist after the time permitted by the board for abatement expires shall be a separate offense. All court or administrative hearing costs and costs incurred as a result of veterinary care, impoundment of the animal, or euthanasia of the animal shall be paid by a person violating this section. (Ord. 2012-11, 7-24-2012)