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§ 90.32 KEEPING BARKING DOGS AND CRYING CATS.
   (A)   Harboring. It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps, or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood, or in such manner as to materially disturb or annoy persons in the neighborhood or ordinary sensibilities. Such dogs and cats are hereby declared to be a public nuisance.
   (B)   Petitions complaining of vicious or barking dogs or crying cats. Whenever any person shall complain to the Police Department that a dog which barks, howls or yelps or a cat which cries or howls is being kept by any person in the village, the Police Department shall notify the owner of said dog or cat that a complaint has been received and that the person should take whatever steps necessary to alleviate the howling, yelping or crying.
(Prior Code, § 14-203) Penalty, see § 90.99
Cross-reference:
   Disposition of dogs deemed nuisances, see § 90.13
§ 90.33 CRUELTY TO ANIMALS PROHIBITED.
   (A)   Cruelty to animals. It shall be unlawful for any person to willfully or maliciously inflict unnecessary or needless cruelty, torture, abuse or cruelly beat, strike or abuse any animal, or by an act, omission or neglect cause or inflict any unnecessary or unjustifiable pain, suffering, injury or death to any animal whether such animal belongs to such person or to another; except that, reasonable force may be employed to drive away vicious or trespassing animals. Any unwanted animals should be delivered to the County Animal Control facility for proper disposal.
   (B)   Food and shelter. It shall be unlawful for any person in charge of any animal to fail, refuse or neglect to provide such animal with food, potable water, shade or shelter, or to cruelly or unnecessarily expose any such animal to hot, stormy, cold or inclement weather, or to carry any such animal in or upon any vehicle in a cruel or inhumane manner.
      (1)   For the purpose of this division (B), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      SHADE. Protection from the direct rays of the sun during the months of June through September.
      SHELTER. As it applies to dogs, a moisture-proof structure of suitable size to accommodate the dog and allow retention of body heat, made of durable material with a solid floor raised at least two inches from the ground with the entrance covered by a flexible, wind-proof material. Such structure shall be provided with a sufficient quantity of suitable bedding to provide insulation and protection against cold and dampness.
   (C)   Steel traps and the like. It shall be unlawful for any person to utilize a steel-jawed trap, or any trap other than a cage or live trap, when attempting to snare game, fur-bearing animals or any other animal within the village; provided, however, that, the village may, by permit, allow the use of a water-set trap, upon application for same.
(Prior Code, § 14-204) Penalty, see § 90.99
§ 90.34 WILD OR VICIOUS ANIMALS.
   (A)   Keeping of wild and vicious animals.
      (1)   It shall be unlawful for any person to keep or permit to be kept on his or her premises any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing-animal exhibitions or circuses.
      (2)   It shall be unlawful for any person to keep or permit to be kept any wild animal as a pet, unless a permit is granted by the Department of Natural Resources of the state.
      (3)   It shall be unlawful for any person to harbor or keep a vicious animal within the city. Any animal which is found off the premises of its owner may be seized by any police officer or humane officer and upon establishment, to the satisfaction of any court of competent jurisdiction, of the vicious character of said animal, it may be killed by a police officer or humane officer; provided, however, that, this section shall not apply to animals under the control of a law enforcement or military agency, nor to animals which are kept for the protection of property; provided that, such animals are restrained by a leash or chain, cage, fence or other adequate means from contact with the general public or with persons who enter the premises with the actual or implied permission of the owner or occupant.
      (4)   The State Department of Agriculture may issue a temporary permit for the keeping, care and protection of any infant animal native to this area which has been deemed to be homeless.
   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      VICIOUS ANIMAL. Any animal which has previously attacked or bitten any person or which has behaved in such a manner that the person who harbors said animal knows or should reasonably know that the animal is possessed of tendencies to attack or bite persons. An animal is not deemed VICIOUS if it bites, attacks or menaces a trespasser on its owner’s property, or harms or menaces anyone who abuses it or torments it or if it is a professionally trained dog for law enforcement or guard duties.
      WILD ANIMAL. Any live monkey or ape, raccoon, skunk, fox, snake or other reptile, leopard, panther, tiger, lion, lynx or any other animal or any bird of prey which can normally be found in the wild state.
(Prior Code, § 14-205) Penalty, see § 90.99
§ 90.35 ANIMALS IN VILLAGE.
   (A)   Certain prohibitions. Except as otherwise provided in this chapter, no person shall keep within the village any cattle, cows, horses, sheep, swine, goats, ducks, turkeys, geese or other livestock.
   (B)   Exceptions. This section shall not apply in areas of the village that are zoned for agricultural purposes, nor shall this section apply to livestock brought into the village for the purpose of being shipped out of the village.
   (C)   Powers of Enforcement Officer. The Enforcement Officer shall have the power to issue an order prohibiting the keeping of any animal, fowl or bird which is deemed to pose a health hazard to the general public.
(Prior Code, § 14-206) Penalty, see § 90.99
§ 90.36 KEEPING OF NUMEROUS DOGS AND CATS IN THE VILLAGE.
   (A)   Nuisance.
      (1)   The keeping of an unlimited number of dogs and cats in the village for a considerable period of time detracts from and, in many instances, is detrimental to the healthful and comfortable life for which such areas were created. The keeping of an unlimited number of dogs and cats is, therefore, declared to be a public nuisance.
      (2)   For the purpose of this division (A), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CAT. Any feline, regardless of age or sex.
      DOG. Any canine, regardless of age or sex.
   (B)   Number of dogs and cats limited.
      (1)   It shall be unlawful for any person or persons to keep more than five dogs or five cats within the village, with the exception that a litter of pups, a litter of kittens or a portion of a litter may be kept for a period of time not exceeding five months from birth.
      (2)   The provisions of this section shall not apply to any establishment wherein dogs or cats are kept for breeding, sale, sporting purposes or boarding.
   (C)   Keeping stray animals. It shall be unlawful for any person in the village to knowingly and intentionally harbor, feed, keep in possession by confinement, or otherwise, any stray animal which does not belong to him or her unless he or she has, within 24 hours from the time such animal came into his or her possession, notified animal services of his or her intentions to either surrender the stray animal to animal services or advertise such stray animal in the local newspaper with the most circulations of five consecutive days. If the individual holding the stray animal selects to advertise the animal and the prior owner does not respond by the tenth day, the individual who has advertised shall be deemed the legal owner. If the advertisement has not started within 72 hours, animal services require that the animal be surrendered to an authorized representative of animal services. It shall be unlawful for any person to refuse to surrender any such stray animal.
(Prior Code, § 14-207) Penalty, see § 90.99
URBAN CHICKENS
§ 90.50 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CHICKEN. A member of the subspecies gaiius galius domesticus, a domesticated fowl.
   PERMITTED TRACT OF LAND. The tract of land as identified by the application upon which a permit is granted for keeping chickens pursuant to this subchapter.
   PERMITTEE. An applicant who has been granted a permit to raise, harbor or keep chickens pursuant to this subchapter.
   PERMITTING OFFICER. The Mayor or his or her designee.
   TRACT OF LAND. A property or a zoned lot that has one single-family dwelling located on that property or zoned lot.
   URBAN CHICKEN. A chicken kept on a permitted tract of land pursuant to a permit issued under this subchapter.
(Ord. 1765, passed 11-21-2016)
§ 90.51 PERMIT REQUIRED.
   (A)   Permit required. No person shall raise, harbor or keep chickens within the village limits without a valid permit obtained from the Permitting Officer under the provisions of this subchapter. Permits are issued for a period of one year and must be renew annually.
   (B)   Application. In order to obtain a permit, an applicant must submit a completed application on forms provided by the Permitting Officer, and pay all fees required by this subchapter. The application fee is $10.
   (C)   Requirements. The requirements to the receipt of a permit include:
      (1)   All requirements of this subchapter are met;
      (2)   All fees, as may be provided for from time to time by the Board of Trustees' resolution, for the permit are paid in full;
      (3)   All judgments in the village's favor and against the applicant have been paid in full;
      (4)   The tract of land to be permitted shall contain on one single family dwelling occupied and used as such by the permittee; and
      (5)   The applicant has provided written notice to the residents of all immediately adjacent dwellings of the applicant's intent to obtain a permit.
   (D)   Issuance of permit. If the Permitting Officer concludes as a result of the information contained in the application that the requirements for a permit have been met, then the Officer shall issue the permit.
   (E)   Denial, suspension, revocation, nonrenewal. The Permitting Officer may deny, suspend, revoke or decline to renew any permit issued for any of the following grounds:
      (1)   False statements on any application or other information or report required by this section to be given by the applicant;
      (2)   Failure to pay any application, penalty, reinspection or reinstatement fee required by this section or Board of Trustee resolution;
      (3)   Failure to correct deficiencies noted in notices of violation in the time specified in the notice;
      (4)   Failure to comply with the provisions of an approved mitigation/remediation plan by the Permitting Officer, or designee; or
      (5)   Failure to comply with any provision of this subchapter.
   (F)   Notification. A decision to revoke, suspend, deny or not renew a permit shall be in writing, delivered by ordinary mail or in person to the address indicated on the application. The notification shall specify reasons for the action.
   (G)   Effect of revocation, and the like. When an application for a permit is denied, or when a permit is revoked, the applicant may not reapply for a new permit for a period of one year from the date of the denial or revocation.
   (H)   Appeals. No permit may be denied, suspended, revoked or not renewed without notice and an opportunity to be heard is given the applicant or holder of the permit. In any instance where the Permitting Officer has denied, revoked, suspended or not renewed a permit, the applicant or holder of urban chicken may appeal the decision to the Mayor, or designee other than the Permitting Officer within ten business days of receipt by the applicant or holder of the permit of the notice of the decision. The applicant or holder of the permit will be given an opportunity for a hearing. The decision of the officer hearing the appeal, or any decision by the Permitting Officer which is not appealed in accordance with this subchapter shall be deemed final action.
Penalty, see § 90.99
(Ord. 1765, passed 11-21-2016; Ord. 1774, passed 2-6-2017)
§ 90.52 NUMBER AND TYPE OF CHICKENS ALLOWED.
   (A)   The maximum number of chicken allowed is four per tract of land regardless of how many dwelling units are on the tract.
   (B)   Only female chickens (hens) are allowed.
(Ord. 1765, passed 11-21-2016)
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