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HomeMy WebLinkAboutOrdinance #0947 ORDINANCE NO. 947 AN ORDINANCE PROVIDING FOR THE KEEPING OF ANIMALS WITHIN THE CORPORATE LIMITS OF THE CITY OF CANTON. WHEREAS, the Legal and Ordinance Committee has determined that it is necessary to revise the City's ordinances concerning the keeping of animals of all descriptions within the corporate limits of the City of Canton; and, WHEREAS, the City Council of the City of Canton, Fulton County, Illinois has made a similar determination. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That Chapter 4 and Chapter 5 of Title 6 of the Canton Municiple Code are hereby repealed in their entirety. 2. That Chapter 4 of Title 6 of the Canton Municiple Code is hereby enacted and adopted to read as follows: "ANIMALS SECTION: 6-4-1: DEFINITIONS: As used in this Chapter, the following words, terms and titles shall have the following meanings: ANIMAL: Any mammal, reptile, or fowl, domestic or wild; or, any living creature, domestic or wild. ANIMAL CONTROL OFFICER: Any person authorized by the Canton City Council to primarily catch strayed animals care for impounded animals, and enforce this Chapter. The Animal Control Officer shall have the power to issue citations, notices to appear, sign complaints, and do all other acts and deeds resonably necessary to effectuate the requirements of this Chapter. Appointment of a person as an Animal Control Officer does not deny to any Canton Police Officer the power to enforce this Chapter. ANIMAL IN HEAT: That period or duration of time when there is sexual excitement in a female animal. COMPETENT PERSON: A human being who is capable of controlling the animal in question, and to whose commands the animal is obedient. DANGEROUS ANIMAL; Any wild mammal, reptile, or fowl which is not VISCIOUS ANIMAL: naturally tame and gentile but which is, as a breed or species, of a wild nature or disposition; or, which, because of its size, viscious nature, or other characteristics would constitute a danger to human life and safety or property if not kept ~ ~ ~ I ~t t ~ ~ ~ or maintained in a safe manner or in secure quarters. Also, any domestic mammal, reptile, or fowl which, because of its size or viscious propensity or other characteristic, would con- stitute a danger to human life and safety or propert~r if dot kept or maintained in a safe manner or in secure quarters. DOG: A domesticated carnivore, scientifically known as Canis familiaries, of whatever breed, sex, or variety. FERAE NATURAE: Any animal which yet, as a species, retains its wild nature; any non-domestic animal; any untamed animal. HEALTH OFFICER: An officer of the Canton Police Department to whom the primary responsibility of the City's various health codes has been delegated by the Chief of Police. INOCULATION The injection, subcutaneously or otherwise, as AGAINST RABIES: approved by the Illinois Department of Agriculture, of anti-rabic vaccine approved by said Department. LIVESTOCK: Any domestic animal. OWNER: Any person having a right of property in an animal; or, any person who keeps or harbors such animal; or, has an animal in his care; or, who acts as such animal's custodian; or, who knowingly permits such animal to remain on or about any premises occupied by such person. 6-4-2: General Regulations and Licensing: (a) Cruelty: No person shall cruelly treat any animal in the City in any way; any person who inhumanly beats, underfeeds, overloads, abandons, or neglects any animal shall be deemed guilty of a violation of this section. (b) Dangerous Animals: It shall be unlawful to keep any dangerous animal or viscious animal of any kind within the corporate limits of the City. Exhibitions or parades of animals which are ferae naturae in the eyes of the law may be conducted only upon secur- ing a permit therefor from the Chief of Police. Examples of such dangerous animals, without limitation, are: Lion, tiger, leopard, ocelot, jaguar, cheetah, margary, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, coyote, wolf, bear, or any poisonous reptile. (c) Noises: It shall be unlawful to harbor or keep any animals which disturb the peace by loud noises at any time of the day or night. Testimony of one or more persons residing or being in the neighborhood that such animal disturbed their peace and quiet shall be primae facie proof that such animal disturbed the peace and quiet of the neighborhood. (d) Strays: It shall be unlawful to permit any cattle, horse, swine, sheep, goats, poultry, or other animal, except as hereinafter provided, to run at large in the City; any such animal running at large in any public place or on property not owned or controlled by such animal's owner or keeper, shall be impounded in 2 i the manner provided by this ordinance. It shall be unlawful to picket or tie any such animal in any of the streets or other public places of the City for the purpose of grazing or feeding. (e) Killing Dangerous Animals: The members of the Canton Police Department or any other person in the City, are authorized to kill any dangerous animal of any kind when reasonably necessary for the protection of any person. (f) Diseased Animals: No domestic animal afflicted with a contageous or infectious disease shall be allowed to run at large, or to be exposed in any public place whereby the health of man or beast may be affected; nor shall such diseased animal be shipped or removed from the premises of the owner or keeper thereof, except under the supervision of the Chief of Police or the Health Officer. It is hereby made the duty of the Health Officer to secure such disposition of any diseased animal and such treatment of affected premises as to prevent the communication and spread of the contagion or infection, except in cases where a veterinarian licensed to practice in the State of Illinois has been hired or retained by the owner or keeper of such diseased animal for the treatment of such diseased animal and the affected premises. (g) Housing: No person shall cause or allow any stable or place where any animal is or may be kept to become unclean, or unwholesome, and it shall be unalwful to keep any live swine or pigs in the City. It shall be unlawful to keep or to have any goats any- where in the City, or any cattle, chickens, rabbits or other barn- yard or farm animals, within 150 feet of any residence, other than the residence of the person so keeping or having such animals, within the City. (h) License Required: No dog shall be permitted to be or remain in the City without being licensed as hereinafter provided. (i) License Fees: All dogs kept in the City shall be registered as to sex, breed, name and address of the owner, and name of the dog. At the time of such registration such owner shall obtain a license for such dog and shall pay a fee of $2.00 for each such dog so licensed. It shall be the duty of said owner to cause such license tag to be securely attached around the neck of such dog and kept there at all times during the license period. Each such license period shall run from January 1 through December 31 of the calendar year. Licenses shall, whenever possible, be purchased prior to the beginning of the license period. 3 No license shall be issued unless a current certificate of inocula- tion for rabies is presented to the City Clerk. All such licenses shall be issued by the City Clerk. (j) Animals to be Restrained: It is unlawful for any owner or keeper of any animal to permit such animals to be off the premises of such owner or keeper unless such animal is under restraint, or unless such animal is upon the property of another with that property owner's consent. As used in this paragraph, "restraint" shall be taken to mean: (1) Under control by a line or leash not more than six feet (6') in length, when said line or leash is held by a com- petent person; or, (2) when within a vehicle or enclosure, to include pen or kennels; or, (3) when not more than fifty feet (50') from a competent person, if such animal is not annoying or worrying any person or domestic animal, or trespassing on private property. (k) Animal Control Officer: The Animal Control Officer is hereby charged with the duty of impounding all strayed animals and all animals running at large in violation of this ordinance. Any animal so impounded shall be transferred to an impoundment area approved for such use by proper State authorities. The Animal Control Officer shall attempt to notify the owner of all such impound- ed animals by posting, within 24 hours of such animal's impoundment, notices describing, as nearly as may reasonably be done, the breed or kind of animals,. the color of the animal, and the approximate location of the animal when impounded. Such notices shall be posted in the City Building, 210 East Chestnut Street, and in the Police Station, 101 East Spruce Street. If within five (5) days after the posting of such notieee, any animal so impounded is not redeemed as herein- after provided, such animal shall be sold or humanely destroyed and disposed of. Any money received from the sale of such animal shall be deposited to Police Department funds for the defrayment of expenses associated with the requirements imposed on the City by this ordinance. (1) Redemption of Impounded Animal: Any animal impounded under this ordinance may be redeemed by such animal's owner or keeper by paying an impoundment fee of $3.00 and the additional sum of $1.00 for each day of impoundment, or portion thereof. After the-.five (5) day period provided in subparagraph (k), above, and in lieu of des- troying such animal, such animal may be redeemed by any person desir- ing to keep such animal as a domestic family pet. Nothing herein shall be construed to prevent the owner or keeper of such impounded animal from having priority in the redemption of such impounded animal. 4 No animal shall be released from impoundment unless proof of proper innoculation of such animal is first presented to the Animal Control Officer. (m) Impoundment of Licenses Animals - Notice: In addition to the notice requirements of subparagraph (k), above, written notice shall be mailed to the registered owner of any animal wearing a current license tag concurrently with the posting of notice required by subparagraph (k), above. The Animal Control Officer shall give such written notice and shall retain a copy of such notice with proof of service for the City's files. (n) Animal Bites: Whenever any animal bites a person, the owner or keeper of such animal shall immediately notify the Chief of Police who shall order in writing that such animal be held on the premises of its owner or keeper for a period of fourteen (14) con- secutive days, exclusive of the day of the bite. The animal shall be examined immediately after it has bitten a person by a veterinarian licensed to practice in the State of Illinois and shall be examined again at the end of the 14 day period by the same veterinarian. If at the end of such 14 day period the veterinarian certifies the animal to be free from rabies, such animal shall be released from quarantine or impoundment, as the case may be. If the animal dies during said 14 day period, its head shall be sent to appropriate State authorities for examination for rabies. The 14 day quarantine contemplated in this paragraph may be extended for such other reasonable period as may seem necessary to protect the public health and safety by the Chief of Police. (o) Trucks Containing Livestock: It is unlawful to stand or park any truck or vehicle containing livestock in the City for a period of time longer than five (5) minutes, except for loading or unloading. (p) Nuisance by Animals: It is unlawful for any owner, keeper or walker of any animal to permit such animal to discharge or deposit such animal's excreta upon any public or private property, other than the property of the owner or keeper of such animal, if such owner, keeper, or walker does not immediately thereafter remove and.. clean up such animal's excreta from the public or private property. Nothing in this paragraph shall be construed to negate the requirement of this ordinance relating to unclean or unwholesome housing of animals, or to negate the requirements of any other portion of this ordinance. 6-4-3: Animals In Heat: A female animal which has not been spayed and when in heat shall be confined by her owner in an enclosed place so that male animals of the same species cannot enter such place. 5 ti ~~ 6-4-4: Exceptions: None of the provisions of this Chapter shall be interpreted to unreasonably be applied to the owners of users of seeing eye dogs. 6-4-5: Penalty: Any person who is convicted of violating any of the provisions of this Chapter shall be subject to a fine of not less than Twenty-five Dolalrs ($25.00) nor more than Five Hundred Dollars ($500.00) for each such occurrence." That this Ordinance shall be in full force and effect after its passage by the City Council of the City of Canton, Illinois, approval by the Mayor thereof, and publication in pamphlet-form. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 7th day of September , 1982, upon a roll call vote as follows: AYES: Aldermen Horr, Larsen, Carl, Grant, Sarff, Savill, Hammond, Kovachevich. NAYS : None . ABSENT: None. APPROVED: Donald E. Edwards, Mayor ATTEST: ancy S Whites, City Clerk 6 .. ~ ,. CI' =' OF CANTON O~DI_:~::CE ~:0. #947 r~OP T ED B`I TiIE C=iY COLNCIL OF THE CI-' OF CANTON THIS 7th DAY OF September ~ 1982 . Published in pamp'nlet =ors by authority of the City Council of the City of Canton, Fulton Co~~ny=, Illinois, this 9th. _ day of September , ' 19 82 ST~':T. OF ILLI~;OIS, ) SS. COL'S: _ `_' OF FLZTOLI . ) I, the undersigned, ce-_~~=;~ _a~t I am the duly elected and acting City Cler'~c of the City o= Cnt~n, Fulton County, Illinois. I =urther certify that o-' September 7th 19 82 the Corporate AuthoYities of t'ne afo-tesa_d --_:.^ici oality passed and approved the afore- said Ordinance i`do. 947 e-_itled AN ORDINANCE PROVIDING FOR THE KEEPING ~F ANIMALS WITHIN THE CORPORATE LIMITS OF THE CITY OF C NT~N.~ CJ."'_::: ~=G'1~G~C b~j 1tS ~~:'yS __-~- ~ o 0~,11_G uc ~il:lb iSi1~d lIl ~a~p11G~ iOr::l.. T~ na~ohlet fore or t~~ ___~_s,id Ordinance No. g47 including the Ordinance and a co?%er s~_=e_ ~^~reof ~•1as prepared, and a copy of such Ordinance T~fas posted in t~_a Ci--- >>,~iiding, 210 E. Chestnut Street, Canton, Illinois, commencing on „+ or h _ 19 g~__, and continuing for ~~e~~e+~~, ~ 9-t at bast ten (10) days t'_~_ _~__~_ . Copies of such Ordinance were also available for public insp=~=i`.n upon request in the Office of the City C 1 e r'-. . D~:TED at Canton, Illir_c_s ~___s qth day of ~P tuber 1982 i y erk. (S E r~ L)