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HomeMy WebLinkAboutOrdinances - MC-13-1075 - 08/05/2013 - AMEND MC CH 6 ANIMALS AND FOWLDepartment of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO. MC-13-1075 An Ordinance Amending City of McHenry Municipal Code Chapter 6 Animals and Fowl WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, AS FOLLOWS: SECTION 1: That Chapter 6 Animals and Fowl is hereby deleted in its entirety and replaced with the language on attached Exhibit A. 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 invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect after its passage and publiCation in pamphlet form as provided by law. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us PASSED THIS 5TH DAY OF AUGUST, 2013 AYES: SANTI, GLAB, BLAKE, WIMMER, PETERSON, CONDON NAYS: NONE ABSTAINED: NONE ABSENT: SCHAEFER NOTVOTING: NONE APPROVED THIS 5TH DAY OF AUGUST, 2013 MAYOR ATTEST: a CITY ERK Exhibit A MUNICIPAL CODE CHAPTER 6 ANIMALS AND FOWL* ARTICLE I. IN GENERAL Sec. 6-1. Policy and Purpose Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us The purpose of this ordinance is to provide protection for the people of McHenry, to ensure their health, safety and welfare, and to provide harmonious relationships between people and Animals by: a. Providing security to residents from annoyance, intimidation and injury from Dogs and other Animals; b. Protecting Animals from improper use, abuse, neglect, inhumane treatment and health hazards; C. Encouraging responsible pet Ownership; Sec. 6-2. Definitions Animal, means every living creature, other than man, which may be affected by rabies. Animal, Companion means an Animal that is commonly considered to be, or is considered by the Owner to be a pet. Animal, control or restraint refers to any owned Animal that is either secured by a leash or lead or under voice control or within the premises of its Owner or confined within a crate or cage or confined within a vehicle or on the premises of another person with the consent of that person. Animal, Domestic means Dogs, Cats, rabbits, rodents, birds, reptiles and any other similar species of Animals that are sold or retained as household pets. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Animal, Exotic shall include but is not limited to the following: Felis concolor (i.e. Cougar, Mountain Lions, Panther, Puma, Catamount, Florida Panther); Panthers (i.e. Lion, Tiger, Leopard, Jaguar, Snow Leopard): Neofelis (i.e. Clouded Leopard; Acinonyx (i.e. Cheetah); Felis wiedi (i.e. Margay); Felis lynx (i.e. Lynx) Felis rufus (i.e. BobCat); Leopardus pardalis (i.e. Ocelot); Yagouaroundi (i.e. Jaguardundis); Hyaenidae (i.e. Hyenas); Canis Lupus (i.e. Gray Wolf, Timber Wolf, White Wolf); Canis Rufus (i.e. Red Wolf); Alopex lagopus (i.e. Arctic Fox, Polar Fox, White Fox, Blue Fox); Uracyon cineroargenteus (i.e. Gray Fox); Canis latrans (i.e. Coyote); Ursidae (i.e. Black Bear, Brown or Grizzly Bear, Polar Bear); Proboscides (i.e. Elephant); non -human primate; Crocodylis (i.e. crocodiles, Alligator); all species of the following families or genera of Squamata (snakes and lizards): Helodermatidae (i.e. Gila monsters); Elapidae (i.e. Cobras, coral snakes); Hydrophiidae (i.e. sea snakes); Viperidae (i.e. vipers and pit vipers); Atractaspidae (i.e. twig snake); Rhabdophis (i.e. keelback snakes); Eunectes murinus (i.e. Gree ananconda); Python sebae (i.e. African rodk python); Python molurus (i.e. Burmese python); Python reticulates (i.e. Reticulated python); Liasis amethstinus (i.e. Amethystine python); or any other Animal or reptile deemed dangerous by the McHenry County Health Department, Illinois Department of Aquiculture or Illinois Department of Conservation. Animals, Farm are species of fowl, ovine (i.e. sheep), caprine (i.e. goat), bovine (i.e. Cattle), porcine (i.e. pig) and equine (i.e. horse). Animal, Stray means any Domestic Animal that is not under control and constraint. Bite means seizure of a person with the jaws or teeth of any Animal capable of transmitting rabies so that the person so seized has been wounded or pierced and further includes contact of the saliva of such Animal with any break or abrasion of the skin. Cat, is any member of the family Felidae. Dog, is any member of the family Canidae. Feral Cat, is a Cat that (1) is born in the wild or is the offspring of an owned or feral Cat and is not socialized, or (2) is a formerly owned Cat that has been abandoned and is no longer socialized, or (3) lives on a farm. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Kennel, Any lot or premises on which four or more Animals commonly used as household pets that are more than four months of age are bred, groomed, boarded, trained, placed or sold for commercial or humane purposes and which offers provisions for minor medical treatment, including Animal shelter. Leash, is a cord rope, strap, nylon strap or chain which shall be securely fastened to the collar or harness of a Dog or other Animal and shall be of sufficient strength to keep such Dog or other Animal under control. Owner, also including Person in Possession, means any person having a right of property in an Animal or who keeps or harbors an Animal, or who has it in his or her care, or acts as its custodian, or who knowingly permits a Dog or other Domestic Animal to remain on any premises occupied by him or her for a period of 7 days. Owner does not include a feral Cat caretaker who participates in a trap spay/neuter, return or release program. Restraint, within the meaning of this ordinance, require a Dog or Animal, off the premises of the Dog Owner's owned or real property to be controlled by a leash and held by a competent persons capable of controlling such Animal; at "heel" of a competent person; within a vehicle being driven, parked or stopped; accompanied by a person competent in commonly accepted methods of control. Sec. 6-3. Cruel Treatment a. No person or Owner may beat, cruelly treat, torment, starve, overwork or otherwise abuse an Animal. b. No Owner may abandon any Animal where it may become loose in the public or may suffer injury, hunger or exposure. Sec. 6-4. Owners Duties No person or Owner shall fail to provide any Animal in their charge or custody, as Owner or otherwise, with the following: (1) Sufficient quantity of good quality, wholesome, food and water; (Outdoor Animals must Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us have a constant supply of fresh water available.) (2) Adequate shelter and protection from the weather; (3) Veterinary care when needed to prevent suffering; and (4) Humane care and treatment. Sec. 6-5. Keeping Animals other than household pets. (a) Except as otherwise provided herein, no person shall keep or harbor any Animal, except Domestic Animals, within the corporate limits of the City. (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 Farm Animals, including chickens sold as "household pets". (c) No person shall keep or harbor, within the corporate limits of the City, any Exotic Animals. Sec. 6-6 Running at large prohibited. The Owner of any Dog, Cat or other Domestic Animal shall not permit such Animal to run at large within the City of McHenry, with the exception of Dogs in a designated City Dog park. No person shall cause or permit any Dog Cat or other Domestic Animal owned by them, unless under restraint, to be on any public place or on any privately owned premises other than those of the Owner, without that property Owner's consent, with the exception of Dogs in a designated City Dog park Any Dog, Cat or other Domestic Animal found running at large is hereby declared a nuisance, and it shall be presumed that such Animal is running at large with the permission of the Owner, keeper or person in control of such Animal, with the exception of Dogs in a designated City Dog park. Sec. 6-7 Impoundment The City may apprehend any Dog, Cat, or other Domestic Animal found running at large, with the exception of Dogs in a designated City Dog park. The impounded Animals will be held at the Police Department until transported to the McHenry County Health Department for disposition. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Sec. 6-8. 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: (a) Barking Dogs. No Owner or person in the possession, custody or control of a Dog shall allow the Dog to bark, whine, or howl continuously for a period longer than 15 minutes, intermittently for a period in excess of two hours, or between the hours of 10:00 p.m. and 6:00 a.m., so as to disturb the peace, quiet or repose, or be audible to another person of ordinary sensibility. (b) Entry Upon The Private Property of Another. The Owner or person in possession of any Dog or Cat shall not permit such Dog or Cat to enter upon the premises or property which is located within the City of another person without permission of the Owner of such premises or property. (c) Damage to Property. The Owner of any Dog, Cat, or other Domestic Animal shall not permit such Dog, Cat or other Domestic Animal to injure, destroy or carry any vegetable, plant, fruit shrub, tree, flower or other thing which may be on or which may be planted or seeded on the property of another or on public property. These provisions do not exclude any civil liability for damage to property by a Dog, Cat, or other Domestic Animal. (d) Accumulation of Feces. No person shall allow Animal feces to accumulate in any yard, pen or premises in or upon which an Animal shall be confined or kept so that it becomes offensive to those residing in the vicinity or a health hazard to the residing Animal. (e) Removal of Feces. No person shall fail to remove feces deposited by their Animals, except support Dogs, upon the public ways or within the public places of the City or upon the premises of any person other than the Owner without that person's consent. (f) Female Animals In Heat. All Dogs and Cats in heat (estrus) shall be confined in a building or secure enclosure and attended in such a manner that such female Cat or Dog cannot come into contact with a male of the same species except for planned breeding. Sec. 6-9. Places where Animals are prohibited. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 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. ARTICLE II. Biting Animals Sec. 6-10 Biting Dogs, Cats and Other Animals. (a) It is unlawful for any person having direct knowledge that any person has been bitten by a Dog, Cat, or other Animal capable of transmitting rabies to refuse to notify the McHenry County Health Department immediately. (b) It is unlawful for the Owner or Person in Possession of such Dog or other Animal to euthanize, sell give away or otherwise dispose of any such Dog or other Animal known to have bitten a person, until it is released by the health department. (c) It is unlawful for the Owner or Person in Possession of such Dog or other Animal to refuse or fail to comply with the written or printed instructions made by the health department. If such instructions cannot be delivered in person, they shall be mailed to the Owner of such Dog or other Animal by regular mail. (d) Any expense incurred in the handling of any Dog or other Animal under this ordinance shall be borne by the Owner. For the purpose of this Section, the word "immediately" means by telephone, in person, or by means other than use of mail. Sec. 6-11. Limitation of Animals and Grandfathering. No person shall permit more than three Dogs, excluding puppies under four months of age, to be or remain in or about any dwelling unit, including but not limited to any garage, yard or other structure associated with said dwelling unit. This provision shall not be applicable to kennels which are properly zoned. Any person with more than three Dogs at the time of adoption of this ordinance shall be permitted to maintain all the Dogs for the life of the Dog(s). After which, a maximum of three Dogs shall be permitted to be or remain in about any dwelling unit, including but not limited to any garage, yard or other structure associated with said dwelling unit. For the purposes of this Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us section addresses with four or more Dogs shall be those registered with the McHenry County Department of Health as of the date of adoption of this ordinance. Sec. 6-12. 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. 6-30. Vaccination required. It shall be unlawful for the Owner or Person in Possession 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. Sec.6-12. Penalties. Any person violating this Chapter of the Municipal Code shall be fined not less than $100 for each offense and shall 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.