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Village of Winthrop Harbor, Illinois Code of Ordinances
VILLAGE OF WINTHROP HARBOR, ILLINOIS CODE OF ORDINANCES
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC REGULATIONS
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USE
PARALLEL REFERENCES
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§ 90.07 RABID ANIMALS.
   (A)   Any animal suffering from rabies is hereby declared to be a nuisance and such dog may be slain by any police officer, animal warden or any other person charged with the enforcement of this chapter, if same cannot be safely apprehended and impounded. It shall be the duty of any person keeping or otherwise maintaining any such animal to place it immediately in a veterinary hospital or upon demand, to surrender such animal to any police officer, animal warden or other person charged with the enforcement of this chapter.
   (B)   It shall be the duty of any person who discovers that any animal is suffering with rabies or that any animal has been bitten by an animal suffering with rabies to report such fact to the Police Department. Such report shall give the name if known, and the place of residence of the person keeping or otherwise maintaining any such animal, the place where the same can be found, and the license number of any such animal, if known. Any such animal shall be immediately confined in a veterinary hospital or taken up and impounded and securely kept until it can be determined whether any such animal is suffering with rabies.
(Ord. 1989-O-37, passed 1-17-89) Penalty, see § 90.99
§ 90.08 RUNNING AT LARGE.
   (A)   No owner of a dog or cat shall permit or allow any dog or cat kept or otherwise maintained by him/her to run at large in the village at any time.
   (B)   Any dog or cat which runs at large is hereby declared to be a nuisance and such dog or cat shall be apprehended and impounded if found running at large by any police officer, animal warden or other person charged with the enforcement of this chapter.
(Ord. 1989-O-37, passed 1-17-89) Penalty, see § 90.99
2005 S-14
§ 90.09 CONTROL OF DEFECATION.
   (A)   It shall be unlawful for any person to cause or permit a dog or cat to be on private property not owned or possessed by such person unless such person has in his or her immediate possession a device for the removal of excrement and a depository for the transmission of excrement to a receptacle located upon properties owned or possessed by such person.
   (B)   It shall be unlawful for any person in control of, causing or permitting any dog or cat to be on any private property not owned or possessed by such person to fail to remove excrement left by such dog or cat to a proper receptacle located on property owned by such person.
(Ord. 1989-O-37, passed 1-17-89) Penalty, see § 90.99
§ 90.10 INOCULATION AGAINST RABIES.
   Any owner of a dog or cat six months of age or older shall, each year, cause such dog or cat to be inoculated against rabies by a licensed veterinarian and provide the dog or cat with a collar or harness and attach thereto an official rabies vaccination tag which shall be worn by the dog or cat at all times; however, if the vaccine used is one recognized by the State of Illinois Department of Agriculture, for a three-year period of immunity and the dog or cat is over 12 months of age at the time of the inoculation, the interval between inoculations may be extended three years. The type and brand of anti-rabid vaccine used and the method of inoculation shall be approved by the Department of Agriculture. Any dog or cat which is not inoculated against rabies as required herein is hereby declared to be a nuisance and such dog or cat may be apprehended and impounded upon the order of the Chief of Police.
§ 90.11 DOMESTIC ANIMALS DISTURBING QUIET OR DAMAGING PROPERTY.
   It shall be unlawful for an owner to keep or otherwise maintain a dog, cat or other domestic animal or pet in the village which shall disturb the quiet of any person or neighborhood or which shall cause damage to the property of any person other than its owner.
(Ord. 1989-O-37, passed 1-17-89; Am. Ord. 1999-O-4, passed 1-19-99) Penalty, see § 90.99
§ 90.12 DOGS OR CATS ARE PROHIBITED IN CERTAIN PLACES; EXCEPTION.
   The owner of any dog or cat shall not permit or allow such dog or cat to be or enter upon any church premises, public hall or building, school premises, restaurant, store, market place, or similar place or any place where food or drink is commercially dispensed or sold. The provisions of this section shall not apply to dogs leading blind persons or to dogs and cats at the time they are being exhibited at pet shows.
(Ord. 1989-O-37, passed 1-17-89) Penalty, see § 90.99
§ 90.13 WHEN MUZZLES ARE REQUIRED.
   When the Mayor, by proclamation, shall declare that danger from rabies is great, it shall be unlawful to permit or allow any dog or cat upon the public street, alleys, or sidewalks or other places unless such dog or cat is securely muzzled.
§ 90.14 TAGS.
   It shall be unlawful to permit any dog or cat to be on any public street, sidewalk, alley or other public place unless such dog or cat has a collar firmly attached around the neck with a license tag for the current year attached to such collar.
(Ord. passed - - )
§ 90.15 DOGS RUNNING AT LARGE.
   It shall be unlawful to permit any dog to run at large within the municipality. Any dog found upon any public street, sidewalk, alley, parkway, or any unenclosed place shall be deeded running at large unless such dog is firmly held on a leash or is in an enclosed vehicle.
(Ord. passed - -)
§ 90.16 MAXIMUM NUMBERS OF DOMESTIC ANIMALS.
   (A)   It shall be unlawful for any owner to keep or otherwise maintain more dogs, cats or other domestic animals or pets in the village than that person can reasonably and safely care for.
   (B)   It shall be unlawful for any owner to keep more than the following numbers of domestic animals in his or her home or on his or her property:
      (1)   Cats:       4;
      (2)   Dogs:      4;
      (3)   Rabbits:      4;
      (4)   Pigeons:   8.
   (C)   Notwithstanding the provisions of division (B) of this section, it shall not be unlawful for any owner to keep the offspring of a permitted number of animals up through the point where the offspring shall be weaned at which time, the owner shall cause the excessive numbers of animals to be sold, given away or otherwise lawfully and humanely removed from his or her premises.
(Ord. passed - - ; Am. Ord. 1999-O-4, passed 1-19-99; Am. Ord. 2001-O-25, passed 11-6-01)
§ 90.17 IMPOUNDING.
   Any dog found upon any public street, sidewalk, alley, parkway or other public place running at large, or any dog for which the annual tax has not been paid as hereinabove provided, shall be impounded by the Police Department. If such dog shall not have been redeemed within three days after being impounded, it shall be disposed of in the manner prescribed by the Board of Trustees. Any dog impounded may be redeemed by the owner upon the payment of a fee of $1 a day for each day the dog has been impounded, plus a release fee of $5 and current tax, if the same is unpaid. Such fee shall be paid to the Village Clerk or to the Pound Master.
(Ord. passed - - )
§ 90.18 KILLING DANGEROUS ANIMALS.
   The Chief of Police, or any other parson in the village, is authorized to kill any dangerous animals of any kind when it is necessary for the protection of any person.
(Ord. passed - - )
§ 90.19 PROCLAMATION REQUIRING MUZZLING.
   Whenever danger from hydrophobia or any other communicable disease exists, the Village President may issue a proclamation requiring that all dogs within the village be confined to the premises of the owner or person in custody thereof, or securely muzzled with a good and sufficient muzzle for such time as may be designated in the proclamation or until otherwise ordered. During the time covered by such proclamation it shall be unlawful to permit any dog to be at large anywhere.
(Ord. passed - - )
§ 90.20 INJURIOUS SPECIES.
   It shall be unlawful for any person to possess, propagate, buy, sell, barter or offer to be bought, sold, bartered, transported, traded, transferred or loaned to any other person or institution any animal that is listed as a specimen of an "injurious species" pursuant to the regulations set forth in 17 Ill. Adm. Code Ch. I, § 805, except in strict compliance with the licensing provisions of that regulation, as it may be in force and effect from time to time.
(Ord. 2010-O-6, passed 4-6-10) Penalty, see § 90.99
§ 90.21 REGULATIONS FOR THE KEEPING OF DOMESTIC HEN CHICKENS.
   (A)   Applicability of regulations. The regulations set forth in this section shall apply to all hen chickens kept on properties other than those described in § 90.02.
      (1)   Up to eight domestic hen chickens may be kept on properties zoned and occupied for single- family residential use only.
      (2)   No roosters may be kept within the village, except as may be allowed under § 90.02.
      (3)   No person shall slaughter any chickens within the village limits, except for humane reasons.
      (4)   Hens shall be provided with a covered inside enclosure and an adjacent covered outside fenced area. The outside fenced area shall be no less than 32 square feet in area.
      (5)   Hen enclosures shall be set back:
         (a)   Thirty feet from any adjacent occupied residential structure, other than that of the owner of the hens; and
         (b)   In no instance less than the minimum property line setback required for accessory structures in the applicable zoning district.
      (6)   All enclosures shall be constructed and maintained in such a manner as to be free of rodent infestations at all times.
      (7)   A building permit shall be required for all enclosures. The permit fee shall be the same as that for a common garden shed.
      (8)   Electrical service to enclosures, if any, shall be provided by conduit, and not by extension cord or exposed cable such as Romex, NMB or UF.
      (9)   Hens shall be kept in the enclosure and fenced area at all times.
      (10)   All feed and other items that are associated with the keeping of hens that are likely to attract or to become infested with rats, mice or other rodents shall be protected in a container with a tightly fitted lid so as to prevent rodents from gaining access to or coming into contact with them.
      (11)   No person shall allow chickens to produce noise loud enough to disturb the peace of persons or reasonable sensitivity, and all such noise is hereby declared a nuisance and it shall be unlawful for any person to allow such a nuisance to exist.
   (B)   Registration and violations.
      (1)   All persons keeping chickens in the village shall register with the Community Development Director prior to acquiring the chickens. Registration shall be on a form the Director shall provide. Registration forms shall not be accepted until the enclosure has passed a final inspection by the Building Department.
      (2)   The registration form shall include written permission for any Building Department staff member or Community Service Officer to access the yards of the residence for the purpose of verifying compliance with these regulations from time to time. The form shall further acknowledge receipt of a copy of the standards set forth in division (A) of this section by the registrant.
      (3)   There shall be no fee charged for registration, although the enclosure may require a building permit and fee as described in division (A) of this section.
      (4)   Failure to notify the Community Development Director as required hereinabove shall constitute a violation of this Code.
      (5)   Violation of any standard set forth in division (A) of this section shall constitute a violation of this Code.
      (6)   Each day that a violation of any standard set forth in division (A) of this section shall constitute separate offenses.
      (7)   Three violations of this Code which occur on a property within any 12 month period shall result in the loss of permission to keep hens on the property.
      (8)   Keeping hens following loss of permission to keep hens shall constitute violations of this Code and shall subject the owner to double the fines otherwise applicable to violations of the regulations set forth in this section.
   (C)   Covenants and health code issues.
      (1)   Nothing in this section is intended to modify, supercede, subordinate to or otherwise affect any private covenants that may appertain to any property.
      (2)   Nothing in this section is intended to modify, supercede, subordinate to or otherwise affect any health code rules, regulations or orders which may be in effect under the Lake County Health Codes.
   (D)   Penalties.
      (1)   See § 39.07 for the schedule of fines applicable to this section.
      (2)   In addition to the fines so prescribed for violations, the village shall have the right to obtain injunctive relief, including temporary restraining orders and preliminary injunctions when a nuisance is permitted to exist and the property owner fails to promptly abate the same.
      (3)   In any injunction action, the village shall be entitled to an award of its attorney's fees and costs as a part of any judgment.
(Ord. 2015-O-1, passed 2-3-15)
§ 90.99 PENALTIES.
   Whoever violates the following series of code sections shall be fined pursuant to the chart set forth hereinbelow:
Offense Section Number
1st Offense
2nd Offense
3rd Offense
$200
$300
$400
$50
$100
$200
$50
$100
$200
$100
$100
$100
$25
$25
$50
$50
$100
$100
All other sections of chapter
$100
$200
$400
 
(Ord. 1989-O-37, passed 1-17-89; Am. Ord. 1995-O-13, passed 9-5-95; Am. Ord. 1999-O-3, passed 1-19-99; Am. Ord. 2006-O-17, passed 9-5-06; Am. Ord. 2010-O-6, passed 4-6-10)