(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ATTENDED RUN LINES. A system of tying an animal in a place by rope or chain with a tensile strength of at least ten times the weight of the animal. While on this run line, a person of no less than the age of 18 years of age shall constantly be in sight of the animal and be supervising the animal.
CHICKEN. All members of the subspecies Gallus gallus domesticus, a domesticated fowl.
DANGEROUS ANIMALS. Any animal, which when unmuzzled, unleashed or unattended by its owner or a member of its owner’s family, in a vicious or terrorizing manner, approaches any person in any apparent attitude of attack upon the street, sidewalk or any public grounds or place within the village.
ENCLOSURE. A fence or structure of at least six foot in height, forming or causing a complete barrier suitable to prevent the entry of a child into the enclosure, and suitable to confine a vicious or dangerous animal within the enclosure. Such ENCLOSURE shall be securely closed and locked at all times. It shall have secure sides, top and bottom and be designed to prevent the escape of the animal contained therein, and to prevent the entry into the ENCLOSURE.
PERMITTEE. An applicant who has been granted a permit to raise, harbor, or keep poultry pursuant to the village code. If the applicant is a rental tenant of the property on which the poultry are to be kept, then the owner of the property must be a joint applicant and shall be a joint permittee equally responsible for compliance with all laws and regulations.
PERMITTING OFFICER. The Village President or his/her designee.
POULTRY. Domesticated fowl, including chickens, turkeys, waterfowl, and game birds, except doves and pigeons, which are bred for the primary purpose of producing eggs or meat. Examples of waterfowl include domesticated fowl that normally swim such as ducks, geese and swans.
VICIOUS ANIMAL. Any animal which fits any one of the following categories or characteristics, except that no animal shall be deemed vicious if it attacks, bites or menaces a trespasser on the property of its owner, or harms or menaces anyone who has tormented or abused it, or if it is a professionally trained animal for law enforcement or guard duty purposes:
(a) Any animal that when unprovoked bites or attacks a person or other animal regardless of whether it is on public or private property;
(b) Any animal with a known propensity, tendency or disposition to attack without provocation, or to cause injuries or to otherwise endanger the safety of human beings or other animals;
(c) Any animal which attacks a person or other animal without overt provocation; or
(d) Any animal which has been found to be a dangerous animal as hereinafter defined, on three separate occasions.
(B) Vicious animals.
(1) The owner of a vicious animal shall pay an annual license fee of $50 to the village, to be paid immediately upon the animal being determined to be vicious, and then each year thereafter.
(2) The owner of a vicious animal shall maintain liability insurance of at least $50,000, and said liability insurance policy shall name the village as an additional insured and proof of said insurance shall be required for the obtaining of the license.
(3) The vicious animal shall be confined to an enclosure or an attended run line, as previously defined.
(4) The vicious animal shall only be allowed to leave the premises of the owner when it is necessary to see a veterinarian. During this time, the vicious animal shall be muzzled and under direct control of a person of at least 18 years of age. The vicious animal shall be on a leash no longer than three feet long with a tensile strength of no less than ten times the weight of the animal.
(5) The vicious animal shall always wear a special collar identifying it as a vicious animal, with said collar being visible at night from a distance of at least 200 feet.
(6) The owner of the vicious animal shall post a sign in a prominent place on the owner’s property stating that such property houses a vicious animal, as defined by the Village Board, and said sign shall be visible from the street in front of such property.
(7) The vicious animal shall be neutered with proof thereof being required to obtain a license.
(C) Biting animals. It shall be the duty of the owner of any animal that has bitten a person or animal to notify the County Animal Control Warden and to keep such animal locked in an enclosure for a period of two weeks, following the time the animal has bitten such person or animal; and to have such animal examined by a licensed veterinarian at the commencement and termination of the two-week period, unless the County Animal Control Warden shall direct that the animal be treated otherwise. If such animal during the two-week period shall show any definite signs of illness or dies, it shall be the duty of the owner to turn the animal over to the County Animal Control Warden to determine if rabies is present.
(D) Keeping of poultry.
(1) Subject to the provisions and regulations of the village code, the keeping of up to 12 female poultry (hens) is allowed within village limits on lots zoned for single-family dwellings, and according to Chapter 154 of this code. The keeping of male poultry (roosters) is hereby prohibited except as required by a verifiable 4H or Future Farmers of America (FFA) project. Keeping more than 12 female poultry (hens) is allowed only pursuant to a special permit in accordance with § 153.120 Special Use Permits.
(a) Permit required. No person shall raise, harbor, or keep poultry within the village without a valid permit obtained from the Permitting Officer under the provisions of this section.
(b) Application. In order to obtain or renew a permit, an applicant shall submit a completed application in such forms as prescribed by the village and provided by the Permitting Officer, either online or in paper form, and pay all fees as required by this section.
(c) Fee. An annual license fee of $25 shall be paid to the city with each new application and $5 for each renewal application. All permits shall expire on March 1 of each calendar year. Applications for renewal must be filed with the Permitting Officer on or before January 15 of each calendar year. Applications for permit renewals will require the applicant to update all information set forth within the application. Persons keeping poultry without a license issued by the village shall pay a double fee and may be subject to other sanctions as provided by law.
(d) Permit requirements. In addition to all other applicable requirements of the village code, every permittee (and joint permittee) must meet the following requirements:
1. All application and permit fees, as may be provided from time to time by Board resolution, are paid in full.
2. All amounts owed to the city, including but not limited to liens, fines, and judgments are paid in full, and all utility accounts with the city are in good standing.
3. The tract of land to be permitted shall only contain one single-family dwelling occupied and used as such by the permittee/joint permittee.
4. Each permit is valid only for the address on the original application form. If the permittee moves or changes addresses, then a new application and fee will be required to seek a new permit.
5. Each application must include a site plan which can be obtained from the DeWitt County Assessments Office.
6. If applicable, the applicant must be prepared, upon receiving the permit, to register the property for which the permit is issued with the Illinois Department of Agriculture and, following such registration if applicable, provide the registration number to the village.
(e) 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 within 30 days of the village's receipt of the application.
(f) Denial, suspension, revocation, non-renewal. 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 Village Board resolution;
3. Failure to correct deficiencies noted in notices of violation in the time specified in the notice. The permittee shall be given a minimum of ten days to resolve deficiencies from the date of notice;
4. Failure to comply with the provisions of an approved mitigation/remediation plan by the Permitting Officer; or
5. Failure to comply with any provision of this section of the village code.
(g) 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 the reasons for the action.
(h) Effect of denial or revocation. When an application for a permit is denied, or when a permit is revoked, the applicant may not re-apply for a new permit for a period of one year from the date of the denial or revocation.
(i) Uses prohibited. Poultry breeding, fertilizer production, bird fighting, and butchering of poultry kept under this section are hereby prohibited, except butchering of a permittee's own poultry for personal consumption may be allowed provided such butchering is done out of public view on the permittee's own property.
(j) Poultry at large. The permittee shall not allow his or her poultry to roam outside of the fence-enclosed rear yard (or corner side yard) on the lot for which the permit was granted. No dog or cat or other domesticated animal which kills a poultry off the permitted tract of land will, because of the attack on the poultry, be considered a dangerous or vicious animal for the purposes of the village's other animal control provisions.
(E) Violation claim.
(1) Any village resident may claim a violation of any portion of this section by filling out an affidavit of complaint witnessed by any Village Trustee, and by filing said complaint with the Village Clerk. On filing of said complaint, the Village Clerk shall immediately notify the Village President or the village police officer, or the County Animal Control Warden, and said official shall investigate the complaint to determine whether or not a violation has been committed. Following the complaint and investigation as stated, the official who received notice from the Village Clerk of the complaint, and who investigated the basis of the complaint, shall have the sole authority to determine whether or not a person or animal is in violation of this section, and to take such action against such person or animal as is specifically described above. If within three days there is no claim to ownership of an animal that is in violation of this section, that animal shall be removed from the village and humanely destroyed.
(2) If, following a complaint and investigation, the officer involved finds that there is no violation, the complaining witness can file a written request with the Village Board of Trustees requesting that action be taken to abate the nuisance alleged by the complaining witness. The Board shall consider said complaint at its very next meeting, and if the Board, by majority vote, decides that the animal is a public nuisance and dangerous to the health and safety of the residents of the village, regardless of whether the animal is in violation of any other specific portion of this section, then the Village President shall appoint a commission of four village residents with at least one of them being a Village Trustee, to further investigate the matter and to make recommendations to the full Board of what further control or regulation is necessary for the protection of the village residents in this particular instance. Said recommendation shall be made to the Village Board within 30 days of the appointment of the commission.
(1975 Code, § 21-133) (Ord. 2023-10-25A, passed 10-25-2023) Penalty, see § 130.99