Animal Violations
Most of the complaints that we receive in the Village are for “barking dogs” and “dogs at large”. Please try to be considerate of others when you let your dog out in your yard. There is no time limit on how long a dog can bark, day or night. If your dog is barking and it is disturbing the neighbors, you are in violation of the Ordinance.
CHAPTER
4: ANIMAL CONTROL
Section 1.
DEFINITIONS
PERSON:
Any individual, group of individuals, association, trust, partnership,
corporation, or any other entity.
DOG
OR CAT: Under this section Dog or Cat means any dog or cat over the
age of four (4) months.
DANGEROUS
DOG:
a.
Dangerous dog means any individual dog that behaves in a manner that a
reasonable person would believe poses a serious and unjustified imminent threat
of serious physical injury or death to any person or companion animal, or,
b.
A dog, that has attacked on two (2) separate occasions, in an unprovoked
manner, any person or animal, resulting in injury to that person or animal, or,
c.
Any dog that has a trait, characteristic, or known reputation for
viciousness, dangerousness, or unprovoked attacks upon human beings or other
animals, or,
d.
Any dog owned or kept primarily, or in part, for the purpose of fighting;
or any dog trained or bred for fighting.
VICIOUS
DOG:
a.
A Vicious dog is any “Dangerous Dog” that has attacked, in an
unprovoked manner, any person or domestic animal, whether an injury is
sustained or not, or,
b.
Any dog that, in an unprovoked and vicious manner, attacks any person
resulting in serious injury or death to that person.
SERIOUS
INJURY:
Any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
Section
2.
EXCLUSIONS:
The provisions of this chapter do not apply to:
Veterinary Hospitals, Properly Licensed Boarding Kennels, Pet Shops,
Animal Shelters, Properly Maintained and Licensed Zoological Park, Circus,
Scientific Educational Institute or research laboratory. Police dogs which means
an animal owned or used by a law enforcement department or agency in the course
of the department or agency’s work.
Section 3.
FARM ANIMALS
No
person shall keep any farm animals or livestock such as cattle, sheep, horses,
swine, goats or poultry at any place or upon any premises within the Village.
Section 4.
EXOTIC ANIMALS
No
person shall keep any exotic animals such as lions, tigers, bears, leopards,
ocelots, jaguars, cheetahs, margays, mountain lions, Canada lynx, bobcats,
hyenas, wolves, coyotes, constricting or poisonous snakes or any other animal,
which is inherently dangerous because of the nature of the animal in relation to
persons or domestic animals.
Section 5.
DOG AT LARGE
The owner, possessor, or keeper of any dog shall not permit the dog to
be at large off the premises or property of such owner, possessor or keeper
unless the dog is under restraint at all times. A dog is under restraint within the meaning of this Chapter
if the dog is controlled by a leash “at heel” beside a competent person, and
is obedient to that person’s commands; or under the control of a competent
person while on or within a vehicle being driven or parked on the streets.
Section 6.
CATS AT LARGE
The owner, possessor or keeper of a cat shall not allow a cat to stray
or in any manner, or to run at large, on or upon, any public street, other
public property, or the property of another, unless the cat is properly
restrained. A cat is under
restraint, within the meaning of this Chapter, if the cat is properly leashed.
Section 7.
NUMBER OF CATS AND DOGS
No
person shall permit more than two (2) cats, nor permit more than two (2) dogs,
to remain in or about any residence, building, lot or mobile home located in a
mobile home park anywhere within the Village.
Section 8.
FAILURE TO REMOVE ANIMAL WASTE
It
shall be unlawful for any person having control of any dog or other animal which
deposits any solid excrement or feces upon any public way, sidewalk, street or
right-of-way; or, upon the property of another without the consent of the
property owner, to leave said excrement or feces without causing its immediate
and complete removal.
Section
9.
BARKING OR HOWLING DOGS
No
person shall keep any dog, or any other animal, which by barking, howling, or
other noises, shall disturb the peace and quiet of the neighborhood.
Section 10.
CRUELTY TO ANIMALS/UNLAWFUL ACTS
No
person shall overload, overdrive, overwork, cruelly beat, torture, torment,
mutilate, maim, or cruelly kill any animal or cause to knowingly allow the same
to be done. No person shall abandon
or leave any animal any place without making provisions for its proper care such
as food, potable water, protection from the elements, opportunity for exercise
and other care that is needed for the health or well-being of such animal; nor
willfully or maliciously administer or cause to be administered, poison of any
kind whatsoever, to any dog, cat or domestic animal.
Section 11.
DANGEROUS DOGS
The owner or keeper of a dog declared to be a “Dangerous Dog” must
comply with the following:
a.
Outdoor confinement: The
dog shall be subject to enclosure. “Enclosure” means a fence or structure no
larger than ten (10) feet wide and no longer than twenty (20) feet in depth,
measured perpendicular from the width. The
height of the fencing will be six (6) feet in height, and the material shall be
limited to chain link fencing material suitable to prevent the entry of young
children, and suitable to confine a dangerous dog.
Such structure should have a secure bottom or floor made from concrete
that is attached to the sides of the enclosure. All confinement structures shall
comply with all building codes for the Village of Coal Valley, and once
completed shall be inspected by the Village of Coal Valley Building Inspector.
All enclosures must be kept in a clean and sanitary manner and signs
stating “Beware of Dog” shall be posted on all sides of the enclosure.
b.
Indoor Confinement: No
dangerous dog may be kept on a porch, patio, or any part of a house or structure
or in any manner that would allow the dog to exit such residence or building on
its own volition. In addition, no
such animal may be kept in a residence or building when the windows are open or
when screen windows or screen doors are the only obstacle preventing the dog
from exiting the structure. A sign
shall be posted on or near the front door of the residence or building stating
“Beware of Dog”.
c.
Muzzle/Leash: No person
shall permit a dog that has been deemed “dangerous” to go outside its
enclosure unless, such animal is securely muzzled by a muzzling device
sufficient to prevent such animal from biting persons or other animals, and is
securely leashed with a leash no longer than four feet in length.
No person shall permit a “dangerous” dog to be kept on a chain, rope,
or other type of leash outside its enclosure or any building unless an adult
person is in physical control of the leash.
Such dogs may not be leashed to any inanimate object such as trees,
posts, or buildings.
d.
Photographs: Once a dog has
been deemed “dangerous” a photograph will be taken within five (5) days and
kept on file at the Police Department.
e.
Spay/Neuter/Microchip: Once
a dog has been deemed “dangerous”, the owner of the dog will have fourteen
days to have the dog spayed or neutered and microchipped.
Section
12.
DANGEROUS AND VICIOUS DOG – HEARING AND DETERMINATION
a. If
a Police officer or Animal Control Officer determines that probable cause exists
to believe that a dog is a dangerous dog, the Police Officer or Animal Control
Officer shall order the dog’s owner or keeper to confine the dog pending an
administrative hearing. Failure to obey said order constitutes a violation of this
.section at which time the Village may have the dog impounded at an Animal
Control Facility approved for that purpose, at the owners expense pending an
administrative hearing.
b. Whenever
a Police Officer or Animal Control officer has reason to believe a dog is
vicious under this Chapter, that Police Officer or Animal Control Officer will
immediately impound said dog at the owners expense, in an Animal Control
Facility approved for that purpose by the County Animal Control Director pending
an administrative hearing. A dog impounded under this section will not be returned to
the owner or keeper or any other person unless, following an administrative
hearing the dog is found not to be vicious.
Dogs found to be vicious will be euthanized by the County Animal Control.
Any owner or keeper shall further be responsible for all costs incurred
by the Village in euthanizing the vicious dog.
c. Administrative
Hearing to be conducted. An
administrative hearing shall be conducted to determine whether or not the dog is
dangerous or vicious.
d. Notice
and time for hearing. The owner or keeper of the dog shall be served with a notice
of administrative hearing, either personally or by first class mail to the owner
or keeper’s last known address. The
administrative hearing shall be held promptly not less than five (5) working
days nor more than fifteen (15) working days following service of the notice
upon the owner or keeper of the dog.
e. Conduct
of hearing. The administrative
hearing shall be open to the public and shall be recorded by a tape recorder,
stenographer, or other reliable means. The
Village Administrator shall serve as the hearing officer.
The hearing officer may admit into evidence all relevant evidence,
including incident reports and the affidavits of witnesses, and live testimony. The hearing officer shall determine, based upon a
preponderance of the evidence, whether or not the dog is dangerous or vicious.
f.
Notice of determination. The dog’s owner or keeper shall be notified in writing of
the hearing officer’s determination either personally or by first class mail
to the owner or keeper’s last known address.
(1)
If the hearing officer determines that the dog is neither dangerous or
vicious, owner or keeper may redeem the dog, if impounded, as otherwise provided
in this chapter. The owner or keeper shall not be required to pay those daily
impoundment fees that are attributable solely to the administrative hearing but
shall be required to pay all other fees. If
the dog has been determined to be a dangerous dog, the owner or keeper shall
comply with all restrictions for a dangerous dog in section 11 of this
ordinance.
(2)
If the hearing officer determines that the dog is vicious, the animal may
not be redeemed, and the notice of determination shall also state that the dog
shall be euthanized within five (5) working days of the date of the notice
unless the owner or keeper requests a stay of ten (10) working days during which
to file a complaint for a court review of the hearing officers determination
pursuant to the provisions of the Illinois Administrative Review Law, 735 ILCS
5/3-101 et. Seq., and amendments thereto.
g. Failure
to appear. If the dog’s owner or
keeper cannot be found or fails to appear in person or by legal counsel for the
administrative hearing, the hearing officer shall make a determination by
default, without the need of any testimony or other evidence, that the dog is
vicious or dangerous, as well as abandoned, and the dog shall be euthanized
without further notice to the owner or keeper.
h. Time
for euthanasia – stay. Upon the hearing officers determination that the dog is
vicious, it shall be euthanized after five (5) working days from the date of the
notice of determination to the owner or keeper, unless the owner or keeper
within that time period delivers to the office of the Chief of Police a request
to stay the euthanasia for a period of ten (10) working days for the purpose of
filing a complaint for court review of the hearing officer’s determination
pursuant to the provisions of the Illinois Administrative Review Law, 735 ILCS
5/3-101 et. Seq., and amendments thereto. If,
at the end of that period, the Village has not received notice that a complaint
has been filed, the dog shall be euthanized without further notice to the owner
or keeper.
i.
Appeal. Any person aggrieved by the hearing officer’s decision may
appeal to the Circuit Court pursuant to the provisions of the Illinois
Administrative Review Law, 735 ILCS 5/3-101 et. Seq., and amendments thereto.
j. Vicious
Dog. It shall be unlawful for any
person to keep, or suffer to be kept, any dog determined to be vicious within
the limits of the Village of Coal Valley.
Section 13.
VACCINATIONS
Every owner of a dog or cat four (4) months of age, within the Village of
Coal Valley, shall cause such dog or cat to be vaccinated against rabies by a
licensed veterinarian and shall keep current such vaccinations as long as the
dog or cat is within the Village limits. Evidence
of such rabies inoculation shall be entered on a certificate, which shall be
signed by the veterinarian administering the vaccine and name of the clinic,
hospital, or facility with which said veterinarian is affiliated.
Section
14.
PENALTY.
A person convicted for a violation of any of the provisions of this chapter will be fined not less than Fifty Dollars ($50.00), nor more than Two Hundred Dollars ($200.00), for each separate offense; except that a person convicted of a violation under the provisions of Section 12(j) of this Chapter shall be fined not less than One Hundred Dollars ($100.00), nor more than Seven Hundred and Fifty Dollars ($750.00) for each separate offense. Each day a violation is permitted or allowed to continue shall be considered a separate offense. The owner of any dog that injures another person or domestic animal, in violation of this code, is responsible for the cost of all reasonable medical or veterinary attention received by the injured party.