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HomeMy WebLinkAboutOrdinance # 1914~. ORDINANCE NO. 191 ~. An Ordinance Amending Section 6-4-8(A) (Definitions) and Amending Section 6-4-8(D) (Limit on Number of Dogs) and Amending Section 6-4-8(E) (Limit on the Number of Cats) and Deleting Section 6-4-8(F) (Limit on the Number of Rabbits) and Amending Section 6-4- 8(I) (Penalty) of the Canton Municipal Code WHEREAS, the Legal and Ordinance Committee has determined that it is necessary and in the best interests of the citizens of Canton, Illinois to amend Section 6-4-8(A) (Definitions) and amend Section 6-4-8(D) (Limit on the Number of Dogs) and Amend Section 6-4-8(E) (Limit on the Number of Cats) and Delete Section 6-4-8 (F) (Limit on the Number of Rabbits) and Amend Section 6-4-8(I) Penalty of the Canton Municipal Code, and WHEREAS, the City Council 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 Section 6-4-8(A) (Definitions) be amended to include: Nuisance: For purposes of this chapter, an animal is considered a nuisance when it causes inconvenience or disturbance to other persons by reason of noise, odor or when said animal: (1) damages real or personal property other than the owner's; (2) causes unsanitary, dangerous or unreasonably offensive conditions; (3) causes a disturbance by excessive barking, caterwauling or other noisemaking; (4) chases vehicles; (5) chases, molests, attacks, bites, interferes with or physically intimidates any person while on or off the premises of the owner; (6) chases, molests, attacks, bites, or interferes with other animals while off the premises of the owner. 2. That Section 6-4-8(D) (Limit on the Number of Dogs) be amended to read as follows: 6-4-8(D): KEEPING OF DOGS, CATS AND RABBITS: Notwithstanding any other requirements of this chapter, no household or individuals comprising a household shall keep or maintain more adult dogs and/or adult cats and/or adult rabbits on or about his/her household or place of residence than can be reasonably cared for without causing a nuisance. 3. That Section 6-4-8(E) (Limit on the Number of Cats) be amended to read as follows: Drafted by City Attorney Page 1 11/14/2007 .., 6-4-8(E) LIMIT ON THE NUMBER OF ANIMALS No household shall harbor four or more animals (as defined in this article) over the age of (6) six months on property within the city without obtaining amultiple-pet license under this article. Even households or individuals who have obtained multiple pet licenses cannot maintain more adult dogs and/or adult cats and/or adult rabbits on or about his/her household or place of residence than can be reasonably cared for without causing a nuisance. The licensing requirement shall not apply to property operated as an animal hospital or veterinary clinic when operated by a veterinarian licensed under the Illinois Veterinary Medicine and Surgical Practice Act of 2004. The licensing requirement shall not apply to individuals or households engaged in the business of pet shop operator, dog dealer, kennel operator, cattery operator, operator of a guard dog service, an animal control facility or animal shelter, as defined by the Animal Welfare Act (225 ILCS 605 et. seq.). The City may request verified financial reports from a certified accountant or tax professional providing sufficient information and detail to establish that individual or member(s) of the household are engaged in the professions outlined above. The City may request proof of a current license issued by the Illinois Department of Agriculture pursuant to the Animal Welfare Act (225 ILCS 605/3). Inability to produce appropriate financial records or a state license will be considered prima facie evidence of a violation of this section. The licensing requirement shall not apply to households engaged in the act of foster care for animals in need in which case the City may request documentation from the referring agency providing sufficient information and detail to establish that member(s) of the household are engaged in the act of foster care for animals or the City may request proof of a current license issued by the Illinois Department of Agriculture pursuant to 225 ILCS 605/3.2. Inability to produce appropriate financial records or a state license will be considered prima facie evidence of a violation of this section. (a) Multiple pet license: Multiple-pet owners, excepting those above, shall obtain an annual license from the city clerk upon application for issuance or renewal of a multiple pet license and payment of a fee. Such license shall be obtained no later than 30 days after assuming ownership of a fourth pet and must be renewed annually by January 1. The initial fee shall be $25.00 and the annual renewal fee shall be $10.00. Payment of a license or renewal fee by a multiple-pet owner shall not exempt such licensee from payment of any other city registration fees for each pet owned by him. 4. That Section 6-4-8(F) (Limit on the Number of Rabbits) be deleted. 5. Section 6-4-8 (I) (Penalty) be amended to read as follows: Drafted by City Attorney Page 2 11/14/2007 6-4-8 (I) PENALTY; REVOCATION; IMPOUNDMENT Penalty: Violation of this Section shall cause a penalty to be issued in the form of a fine of not less than seventy five dollars ($75.00) nor more than five hundred dollars ($500.00). Revocation of Multiple Pet License: Upon conviction or plea of a second violation of the multiple pet license requirements pursuant to this chapter, and each subsequent violation, the city may revoke the multiple-pet license for a period of not less than three months nor more than two years, the length of such revocation period to be determined by the number and severity of the violations. After expiration of the revocation period, the license shall not automatically be reinstated. The former licensee must reapply for the license and show an ability to conform to the existing ordinances before he or she may be issued amultiple-pet license. During the revocation period, the owner shall either relinquish ownership of his or her pets to an animal shelter or place his or her pets in the care of another person. A multiple-pet license may also be revoked if the licensee fails to consent to an inspection of the licensed premises after a request for an inspection by the city based upon the city's good faith belief that violations of this article have occurred. Impoundment of multiple pets: The city may impound the pets of any multiple-pet owner if such owner does not hold amultiple-pet license. Such pets shall be redeemed by the owner upon payment to the city the lawful fees accrued pursuant to this chapter and after application and approval for amultiple-pet owner license. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 20th day of November , 2007 upon a roll call vote as follows: AYES: A7-der~n Lewi-s, Nidiffer, ?Nest, Sarf'f, Schenck. NAYS: Aldermen Strarxiber~, 3erard. ABSENT: Alderman Meade. AT EST: ~,~''~/ Nancy White City Clerk ~j Drafted by City Attorney Page 3 11/14/2007 .r r CITY OF CANTON MULTIPLE PET OWNER LICENSE APPLICATION 1. Name: 2. Address: 3. Daytime phone: Evening Phone: 4. Address license applies to: 5. Are you the property owner? If not, state owner: Name: Address: 6. Number of hours animals housed inside: Outside: ~. List arilmalS 1ridlVldually belOW: (This section must be complete for application to be processed.) Name Tae # Breed Sex Age (List additional pets on reverse side) The undersigned hereby makes application for a license under the provisions of the Code of the City of Canton. I certify that the information contained in this application is complete, true and correct, and that I will operate in accordance with the laws of the State of Illinois and the ordinances of the City of Canton. Signature of Applicant Date Return to: City Clerk License fee: 2 N. Main Street Original $25.00 Canton, IL 61520 Renewal $10.00 (309) 647-1310 -------------------------------------------------------- OFFICE USE ONLY COPY TO CODE ENFORCEMENT: APPROVED DATE: CODE ENFORCEMENT OFFICER LICENSE # DENIED