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HomeMy WebLinkAboutOrdinances - MC-07-919 - 07/16/2007 - AMEND AND UPDATE CH 6Ordinance No MC-07- 919 An Ordinance providing for updates to Chapter 6 of the City of McHenry Municipal Code BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois as follows: SECTION 1: That Chapter 6 Animals and Fowl of the City of McHenry Municipal Code is hereby repealed and replaced with the following: ARTICLE L IN GENERAL (MC-98-712) Sec. 6-1. Cruelty. No person shall cruelly treat any animal in the City in any way. Any person who inhumanely beats, underfeeds, -or abandons any animal shall be deemed guilty of a violation of this Section. Sec. 6-2. Keeping animals other than household pets. (a) Except as otherwise provided herein, no person shall keep or harbor any animal, except domestic household pets, within the corporate limits of the City. For the purpose of this Article, domestic household pets shall mean any animal trained and bred to live with humans, including, but not limited to cats, dogs, small cage birds, small aquatic and amphibian animals, ferrets, gerbils, hamsters, rabbits, and Vietnamese pot-bellied pigs. (b) Except as authorized by the issuance of a conditional use permit in the A-M Agricultural and Mining Overlay District, no person shall keep or harbor within the corporate limits of the City any horses, ponies, cattle, cows, buffalo, sheep, goats, swine, chickens, geese, ducks, turkeys, pigeons, and other livestock. (c) No person shall keep or harbor within the corporate limits of the City any wild animal, including, but not limited to any monkey, ape, raccoon, skunk, fox, life -threatening reptile (except for a snake), leopard, panther, tiger, lion, lynx, or any other animal or bird which can normally be found in the wild. Sec. 6-3. Dangerous animals prohibited. It shall be unlawful for any person to keep or allow to run at large any dangerous or vicious animal in a manner which may or does endanger the safety of persons or property off his premises or lawfully on his premises. Exhibitions or parades of animals which are ferae naturae in the eyes of the law may be conducted only upon securing a permit from the Community Development Department. Sec. 6-4. Killing dangerous animals. The members of the Police Department, or any other person in the City, are authorized to kill any dangerous animals of any kind when it is necessary for the protection of any person or property. Sec. 6-5. Control of animals.** No owner or person in the custody or control of animals shall fail to exercise proper care and control of such animals to prevent them from becoming a public nuisance. The following actions shall be deemed a public nuisance: Cross references - Molesting animals or birds in parks, Sec. 16-11; pets and domestic: animals in parks, Sec. 16-30. * * Cross reference - Noise generally, Sec. 14-8. (a) Barking, howling, caterwauling, whining, or other animal noises occurring: (1) For a period longer than 15 minutes; (2) Intermittently for a period in excess of 2 hours; or (3) Between the hours of 10:00 p.m. and 6:00 a.m. so as to disturb the peace, quiet or repose, or to be audible to another person of ordinary sensibility. (b) Snapping, growling, jumping, molesting, or otherwise threatening persons lawfully using public or private property. c) Chasing vehicles. (d) Habitually attacking other domestic household pets. (e) Trespassing upon private property in such a manner as to damage property. Sec.6-6. Reserved. Sec. 6-7. Diseased animals. (a) No domestic animal afflicted with a contagious 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 thereof, except under the supervision of the McHenry County Health Department or of the State veterinarian. No such diseased animals shall be brought into the City. (b) It is hereby made the duty of the McHenry County Health Department 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 the State veterinarian is empowered to act. Sec. 6-8. Cleanliness of premises. No person shall cause or allow any stable or place where any animal is or may be kept to become unclean, or unwholesome. Sec. 6-9. Removal of excrement. It is unlawful for any owner or any person having custody of any animal, or any person walking any animal, to fail to clean up and remove the feces or vomited matter of such animal immediately after it has deposited such excrement on public property or the property of another. (MC-89-487). Sec. 6-10. Places where animals are prohibited. It shall be unlawful to permit any animals to enter any place where food is stored, prepared, served, or sold to the public; provided, however, this Section shall not apply to dogs leading blind persons, the hearing impaired, or support dogs for the physically handicapped. Sec. 6-11. Animal bites. Whenever any animal bites a person, the owner of such animal shall immediately notify the McHenry County Health Department who shall order the animal to be held for a period of 10 days. 'The animal shall be examined immediately by a licensed veterinarian after it has bitten anyone. See.6-12. Penalties. Any person violating this Chapter of the Municipal Code shall be fined not less than $100 for each offense and be responsible for reimbursing the City's cost of prosecution including Attorney's fees incurred by the City. Each day that a violation continues shall be considered a separate offense. Sec. 6-13 - 6-20. Reserved. ARTICLE U. DOGS (MC-98-712) Sec. 6-21. Definitions. As used in this Article, unless the context otherwise indicated: At large means off the premises of the owner, and not under control of the owner or a member of the immediate family either by leash, cord, chain or otherwise. Dog means both male and female. Owner means any person owning, keeping, or harboring a dog. Sec. 6-22. To be licensed and registered by County. All dogs kept, harbored or maintained by their owners within the City shall be licensed and registered by the County of McHenry. Sec. 6-23. Reserved. Sec. 6-24. Running at large prohibited. It shall be unlawful for any person to permit any dog owned, controlled or kept by him whether licensed or unlicensed, to run at large within the City. Any dog found to be running at large is hereby declared a nuisance, and it shall be presumed that such dog is running at large with the permission of the owner, keeper or person in control of such dog. See. 6-25. Impounding dogs at large. The City shall apprehend any dog found running at large contrary to the provisions of Section 6-24, and to impound such dog in the City Pound or other suitable place. Impounded dogs may be taken to the McHenry County Health Department for disposition. See.6-26. Reserved. See. 6-27. Disposition of unclaimed or infected dogs. Any dog impounded for running at large which appears to be suffering from rabies or affected with hydrophobia, mange, or other infections or dangerous diseases, shall not be released, but may be immediately destroyed. See.6-28. Muzzling. Whenever it becomes necessary to safeguard the public from the dangers of hydrophobia, the Mayor, if he deems it necessary, shall issue a proclamation ordering every person owning or keeping a dog to confine it securely on his premises unless such dog shall have a muzzle of sufficient strength to prevent its biting any person. Any unmuzzled dog running at large during the time of the proclamation shall be seized and impounded, unless noticeably infected with rabies. All dogs so noticeably infected with rabies and displaying vicious propensities shall be killed without notice to the owner. Dogs impounded during the first 2 days of such proclamation shall, if claimed within 5 days, be released to the owner, unless infected with rabies, upon payment of all costs incurred by the City for such impoundment. Sec. 6-29. Dogs suspected of rabies. If a dog is believed to have rabies or has been bitten by a dog suspected of having rabies, such dog shall be confined by a leash or chain on the owner's premises and shall be placed under the observation of a veterinarian at the expense of the owner for a period of 2 weeks. The owner shall notify the McHenry County Health Department of the fact that his dog has been exposed to rabies and at his discretion the McHenry County Health Department is empowered to have such dog removed from the owner's premises to a veterinary hospital and there placed under observation for a period of 2 weeks at the expense of the owner. Sec. 6-30. Vaccination required. It shall be unlawful for the owner of any dog to keep or maintain such dog unless it shall have been vaccinated by a licensed veterinary surgeon with anti -rabies vaccine, within one year preceding the date on which such dog is kept, maintained or allowed to run at large. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed and Approved this 16TH day of JU LY , 2007. Voting Aye: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON Voting Nay: NONE Not Voting: NONE Absent: NONE Abstain: NONE APPROVED: or (SEAL) ATTEST: City ler