HomeMy WebLinkAboutOrdinances - MC-98-712 - 08/19/1998 - Ch 6 Animals and FowlORDINANCE NO. MC-98-712
AN ORDINANCE AMENDING CHAPTER 6, ANIMALS
AND FOWL, OF THE MCHENRY MUNICIPAL CODE
WHEREAS, the McHenry Municipal Code currently provides standards
and regulations relating to animals and fowl; and
WHEREAS, the Mayor and City Council of the City of McHenry desires
to define domestic household pets and enact more stringent nuisance
provisions relating to animals.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of the
CITY OF MCHENRY, McHenry County Illinois as follows:
SECTION 1: That Section 6-2, of Article I, entitled, "In General," of
Chapter 6, entitled "Animals and Fowl," of the McHenry Municipal Code, shall
be, and it hereby is, amended in its entirety, to hereinafter be and read as
follows:
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.
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SECTION 2: That Section 6-3, of Article I, entitled, "In General," of
Chapter 6, entitled "Animals and Fowl," of the McHenry Municipal Code, shall
be, and it hereby is, amended in its entirety, to hereinafter be and read as
follows:
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 Chief of Police.
SECTION 3: That Section 6-5, of Article I, entitled, "In General," of
Chapter 6, entitled "Animals and Fowl," of the McHenry Municipal Code, shall
be, and it hereby is, amended in its entirety, to hereinafter be and read as
follows:
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:
(a) Barking, howling, caterwauling, whining or other animal noises
occurring: (1) For a period longer than fifteen (15) minutes; (2)
Intermittently for a period in excess of two (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; or
(e) Trespassing upon private property in such a manner as to damage
property.
SECTION 4: That Section 6-6, of Article I, entitled, "In General," of
Chapter 6, entitled "Animals and Fowl," of the McHenry Municipal Code, shall
be, and it hereby is, deleted in its entirety.
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SECTION 5: That the phrase `official veterinarian", in Section 6-7 of
Article I, entitled "In General", of Chapter 6, entitled "Animals and Fowl", of the
McHenry Municipal Code, shall be, and hereby is, deleted and shall be
replaced with the phrase, "McHenry County Health Department."
SECTION 6: That Section 6-10, of Article I, entitled "In General", of
Chapter 6, entitled "Animals and Fowl", of the McHenry Municipal Code, shall
be, and hereinafter read as follows:
Sec. 6-10. Places were 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.
SECTION 7: That Section 6-11, of Article I, entitled "In General", of
Chapter 6, entitled "Animals and Fowl", of the McHenry Municipal Code, shall
be, and hereinafter read as follows:
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 on the owner's premises, if vaccinated,
or shall have it confined for a period of (10) days. The animal shall be
examined immediately after it has bitten anyone by a licensed
veterinarian.
SECTION 8: That Section 6-12, of Article I entitled "In General", of
Chapter 6, entitled "Animals and Fowl", of the McHenry Municipal Code, shall
be, and hereinafter read as follows:
Sec.6-12. Penalties.
Any person violating this Chapter 6 shall be fined not less than
one -hundred dollars ($100.00) 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.
SECTION 9: That Section 6-25, of Article II, entitled "Dogs", of Chapter
6, entitled "Animals and Fowl", of the McHenry Municipal Code, shall be, and
hereinafter read as follows:
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Sec 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 Count Health Department for disposition.
SECTION 10: That Section 6-26, of Article II, entitled, "Dogs," of Chapter
6, entitled "Animals and Fowl," of the McHenry Municipal Code, shall be, and it
hereby is, deleted in its entirety.
SECTION 11: That Section 6-27, of Article II entitled "Dogs," of Chapter
6, entitled "Animals and Fowl," of the McHenry Municipal Code, shall be, and it
hereby is amended to hereinafter be and read as follows:
Sec. 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.
SECTION 12: That Section 6-28, of Article II entitled "Dogs," of Chapter
6, entitled "Animals and Fowl," of the McHenry Municipal Code, shall be, and it
hereby is amended to hereinafter be and read as follows:
Sec.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 un-muzzled 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
two (2) days of such proclamation shall, if claimed within five (5) days, be
released to the owner, unless infected with rabies, upon payment of all
costs incurred by the City for such impoundment.
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SECTION 13: That the phrase "poundmaster," in Section 6-29, Chapter
6, entitled "Animals and Fowl," of the McHenry Municipal Code, shall be, and it
hereby is deleted and shall be replaced with the phrase, "McHenry County
Health Department.
SECTION 14: 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 judgement shall not affect, impair, invalidate or
nullify the remainder thereof, which remainder shall remain and continue in full
force and effect.
SECTION 15: All ordinances or parts of ordinances in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 16: 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 19TH DAY OF AUGUST, 1998.
Voting Aye: BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD.
Voting Nay: NONE.
Absent: NONE.
Abstain: NONE.
APPROVED:
Mayor Steven J. Cuda
(SEAL)
ATTEST:
City Clerk PamelA J. Althoff 4/
Passed: AUGUST 19, 1998
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