A. Owner's Duties: Each owner shall provide for each of his animals:
1. Sufficient quantity of good quality, wholesome food and water;
2. Adequate shelter and protection from the weather;
3. Veterinary care when needed to prevent suffering; and
4. Humane care and treatment.
B. Cruel Treatment: No person or owner may beat, cruelly treat, torment, starve, overwork or otherwise abuse any animal. No owner may abandon any animal where it may become a public charge or may suffer injury, hunger or exposure.
C. Aggravated Cruelty: No person may intentionally commit an act that causes a companion animal to suffer serious injury or death. Aggravated cruelty does not include euthanasia of a companion animal through recognized methods approved by the department of agriculture.
D. Prohibited Acts: No person may sell, offer for sale, barter, or give away as a pet or a novelty any rabbit or any baby chick, duckling or other fowl which has been dyed, colored, or otherwise treated to impart an artificial color thereto. Baby chicks, ducklings or reptiles shall not be sold, offered for sale, bartered, or given away as pets or novelties. Rabbits, ducklings, baby chicks or reptiles, shall not be awarded as prizes in any game of chance. No person shall give away or use any live animal as a prize for or as an inducement to enter any contest, game, or other competition or as an inducement to enter a place or amusement or offer such animal as an incentive to enter a business agreement whereby the offer was for the purpose of attracting trade. No person shall be permitted to keep animals in violation of the "Illinois humane care for animals act" or the "Illinois animal welfare act".
E. Animals For Use In Entertainment; Prohibited Acts:
1. No person may own, capture, breed, train, or lease any animal which he or she knows or should know is intended for use in any show, exhibition, program, or other activity featuring or otherwise involving a fight between such animal and any other animal or human, or the intentional killing of any animal for the purpose of sport, wagering, or entertainment.
2. No person shall promote, conduct, carry on, advertise, collect money for or in any other manner assist or aid in the presentation for purposes of sport, wagering, or entertainment, any show, exhibition, program, or other activity involving a fight between two (2) or more animals or any animal and human, or the intentional killing of any animal.
3. No person shall sell or offer for sale, ship, transport, or otherwise move, or deliver or receive any animal which he or she knows or should know has been captured, bred, or trained, or will be used, to fight another animal or human or be intentionally killed, for the purpose of sport, wagering, or entertainment.
4. No person shall manufacture for sale, shipment, transportation or delivery any device or equipment which that person knows or should know is intended for use in any show, exhibition, program, or other activity featuring or otherwise involving a fight between two (2) or more animals, or any human and animal, or the intentional killing of any animal for the purposes of sport, wagering or entertainment.
5. No person shall own, possess, sell or offer for sale, ship, transport, or otherwise move any equipment or device which such person knows or should know is intended for use in connection with any show, exhibition, program, or activity featuring or otherwise involving a fight between two (2) or more animals, or any animal and human, or the intentional killing of any animal for the purpose of sport, wagering or entertainment.
6. No person shall make available any site, structure, or facility, whether enclosed or not, which he or she knows or should know is intended to be used for the purpose of conducting any show, exhibition, program, or other activity involving a fight between two (2) or more animals, or any animal and human, or the intentional killing of any animal.
7. No person shall attend or otherwise patronize any show, exhibition, program, or other activity featuring or otherwise involving a fight between two (2) or more animals or any animal and human, or the intentional killing of any animal for the purpose of sport, wagering or entertainment.
8. No person shall tie or attach or fasten any live animal to any machine or device propelled by any power for the purpose of causing such animal to be pursued by a dog or dogs. This subsection shall apply only when such dog is intended to be used in a dog fight.
9. No person shall hold a greased pig contest.
F. Teasing, Striking Or Tampering With Police Dogs Prohibited: It shall be unlawful for any person to wilfully and maliciously taunt, torment, tease, beat, strike, or administer or subject any desensitizing drugs, chemicals or substance to any dog used by a law enforcement officer in the performance of his functions or duties, or when placed in a kennel off duty; or to interfere or meddle with any such dog used by a law enforcement department or agency or any handler thereof in the performance of the functions or duties of said department or agency.
G. Injury Or Killing Police Dogs Prohibited: It shall be unlawful for any person to wilfully or maliciously torture, mutilate, injure, disable, poison or kill any dog used by a law enforcement department or agency in the performance of the functions or duties of such department or when placed in a kennel off duty. However, a police officer or veterinarian may perform euthanasia in emergency situations when delay would cause the dog undue suffering and pain.
H. Equidae; Acts Prohibited And Stable Care:
1. No person shall sell, offer to sell, lead, ride, transport, or drive on any public way any equidae which, because of debility, disease, lameness or any other cause, could not be worked in village without violating this chapter, unless the equidae is being sold, transported, or housed with the intent that it will be moved in an expeditious and humane manner to an approved slaughtering establishment. Such equidae may be conveyed to a proper place for medical or surgical treatment, for humane keeping or euthanasia, or for slaughter in an approved slaughtering establishment.
2. Every person in possession or control of any stable or place open for public use where animals are kept, shall maintain the stable or place at all times in a clean, sanitary condition and conform to Illinois and West Dundee fire prevention regulations.
I. Poisoning Dogs Or Other Domestic Animals Prohibited; Exception: No person may knowingly poison or cause to be poisoned any dog or other domestic animal. The only exception will be by written permit from the Animal Control Warden for the purpose of controlling diseases transmissible to humans or other animals and only when all other methods and means have been exhausted. Such a written permit shall name the person or persons conducting the poisoning, specify the products to be used, give the boundaries of the area involved, and specify the precautionary measures to be employed to ensure the safety of humans and other animals. Any drug used for euthanasia shall be by or under the direction of a licensed veterinarian.
J. Transportation Of Animals: No owner, railroad or other common carrier may, when transporting any animal, allow that animal to be confined in any type of conveyance more than twenty four (24) consecutive hours without being exercised as necessary for that particular type of animal and without being properly rested, fed and watered; except that a reasonable extension of this time limit shall be granted when a storm or accident causes a delay. In the case of default of the owner or consignee, the company transporting the animal shall exercise the animal, when necessary for the particular type of animal and for the proper resting, feeding, watering and sheltering of such animal, and shall have a lien upon the animal until all expenses resulting there have been paid.
K. Confinement In Motor Vehicle And Animal Transport:
1. No owner or person shall confine any animal in a motor vehicle or enclosed trailer in such a manner that places it in a life or health threatening situation by exposure to a prolonged period of extreme heat (>86 degrees F) or cold (<20 degrees F), without proper ventilation or other protection from such heat or cold. In order to protect the health and safety of an animal, a community service officer or law enforcement officer who has probable cause to believe that this section is being violated shall have authority to enter such motor vehicle or trailer by any reasonable means under the circumstances after making a reasonable effort to locate the owner or person.
2. No person driving a motor vehicle shall transport any animal in the back of the vehicle in a space intended for any load on the vehicle unless the space is enclosed or has side and tail racks to a height of at least forty eight inches (48") extending vertically from the floor, the vehicle has installed means of preventing the animal from being discharged, or the animal is cross tethered to the vehicle, or is protected by a secured container or cage in a manner which will prevent the animal from being thrown, falling or jumping from the vehicle.
L. Downed And Injured Animals:
1. No downed animal shall be sent to a stockyard, auction, or other facility where its impaired mobility may result in suffering. An injured animal may be sent directly to a slaughter facility.
2. A downed animal sent to a stockyard, auction, or other facility in violation of this section shall be humanely euthanized, the disposition of such animal shall be the responsibility of the owner, and the owner shall be liable for any expense incurred. If an animal becomes downed in transit it shall be the responsibility of the carrier.
3. A downed animal shall not be transported unless individually segregated.
4. Any animal which is on any public way or public place and which appears to be injured or severely diseased and for which care is not being provided on the scene by the owner or any injured or severely diseased animal that has strayed onto private property outside of a structure shall be removed, if possible, by the Animal Control Warden and transported to the nearest veterinarian or veterinary clinic willing to accept such animal. If immediate removal shall not appear practical or possible or if the removed animal is in critical condition, such animal shall be deprived of life by the most humane method available on the scene unless the owner shall come forward beforehand and assume responsibility for immediate removal and care.
5. Any person who, as the operator of a motor vehicle, strikes an animal shall stop at once and render such assistance as may be possible, or shall immediately report such injury to the animal owner, if known, or to the department.
M. Defecation Nuisance: No person shall allow cat or dog feces to accumulate in any yard, pen, or premises in or upon which a cat or dog shall be confined or kept so that it becomes offensive to those residing in the vicinity or a health hazard to the residing cat or dog. No person shall fail to remove feces deposited by his cat or dog, except guide dogs, upon the public ways or within the public places of the village or upon the premises of any person other than the owner without the person's consent.
N. Diseased Animals Prohibited: No person shall own any animal which is known to be infected with any disease transmissible to other animals or man, including severe parasitism, unless such animal shall be confined in such a manner as not to expose other animals or man.
O. Dead Animals: Any person having a dead animal within his or her possession or control or upon any premises owned or occupied by such person without the proper permit shall dispose of the dead animal in compliance with the Illinois dead animal disposal act. (Ord. 2021-10, 4-19-2021)