CHAPTER 91
ANIMALS
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91.001 Definitions 91.01 Running at large 91.02 Unattended animals to be securely fastened 91.03 Cruelty to animals or birds 91.04 Killing birds prohibited 91.05 Noisy animals 91.06 Vicious or dangerous animals 91.07 Burial or throwing of animals into streets; keeping 91.08 Keeping of goats 91.09 Bees 91.10 Animal defecation |
91.21 Repealed, Ord. 2589 91.22 Repealed, Ord. 2589 91.23 Inoculation 91.24 Vicious dogs 91.25 Impounding 91.26 Limitation on number of dogs and cats 91.40 Animal Control Warden 91.99 Penalty |
§ 91.001 DEFINITIONS.
For the purposes of this chapter, unless the context clearly indicates or requires a different meaning:
ANIMAL means any and all types of animals, both domesticated and wild, male and female, singular and plural.
AT LARGE means off the premises of the owner and not under the immediate control of either the owner or a person the owner has designated to be in control. However, if an animal under the control of a City official or veterinarian escapes and runs loose, it shall not be considered "at large."
BITE OR BITING means the infliction of a break in the skin or a wound by the teeth of an animal.
CONFINEMENT STRUCTURE means a securely locked pen, kennel or structure of at least six feet in height designed and constructed for the keeping of a vicious dog and designed, constructed and maintained in accordance with the standards set forth herein. Such pen, kennel or structure must have secure sides and a secure top attached to the sides, as well as be suitable to prevent the entry of young children. All structures used to confine vicious dogs must be locked with a key or combination lock when such animals are within the structure and left unattended. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground not less than two (2) feet. All structures erected to house vicious dogs must comply with all zoning and building regulations of the City of Washington. All such structures must be adequately lighted, ventilated and kept in a clean and sanitary condition.
DOG means any and all animals of the canine species.
DANGEROUS DOG means any individual dog which when either unmuzzled, unleashed, or unattended by its owner, or a member of its owner's family, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon streets, sidewalks, any public grounds or places, or private property not owned or controlled by the owner.
CONTROL, IMMEDIATE (of an animal) means that same is on a leash, is under the voice control in the presence of a competent person, is on or within a vehicle being driven or parked, or is within the property limits of its owner, keeper, or harborer or upon the premises of another person with the consent of that person.
FIGHT means a prearranged conflict between two (2) or more animals but does not include a conflict that is unorganized or accidental.
IMPOUNDED means taken into the custody of the public pound.
K-9 PATROL DOG OR POLICE DOG means a professionally trained dog used by law enforcement officers for law enforcement purposes and activities.
LEASH means a cord, chain, rope, strap or other such physical restraint having a minimum tensile strength of not less than three hundred (300) pounds.
MUZZLE means a device constructed of strong, soft material or a metal muzzle designed to prevent the dog from biting any person or animal. The muzzle must be made in a manner which will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.
NIP means to pinch or squeeze with teeth with no breaking of skin or tissue.
RUN LINE means a system of tying a dog in place with either a rope or chain having a minimum tensile strength of not less than three hundred (300) pounds and not exceeding ten (10) feet in length. The rope or chain must be securely fastened to a permanent, non-moveable object and prevent the dog from climbing, digging, jumping or otherwise escaping under its own volition.
OWNER means any person, firm, corporation, organization or department owning, harboring or keeping an animal within the City. For purposes of this chapter, the person last issued a dog or cat license shall be presumed to be the owner of such dog or cat. A person harboring or keeping an unlicensed animal in the City for a period of five (5) days shall be presumed to be the owner of such animal.
SEVERE INJURY means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
TAKE means to hunt, shoot, pursue, lure, kill, destroy, capture, gig or spear, trap or ensnare, harass or to attempt to do so.
TRAP means to capture, or attempt to capture, by setting or placing a leg-hold trap, body-gripping trap, cage or live trap or other similar device to capture, hold or kill game or furbearing animals.
VICIOUS DOG means:
Any individual dog that, when unprovoked, bites or attacks a human being or other animal either on public or private property.
Any individual dog found, after a hearing as prescribed in § 91.24(A), which:
Has a known propensity, tendency or disposition to attack without provocation, to cause injury, or to otherwise endanger the safety of human beings or domestic animals; or
Is owned or harbored primarily or in part for the purpose of dog fighting or is trained for dog fighting; or
Is reported to be a "dangerous dog" upon two (2) separate occasions.
No dog shall be deemed "vicious" if it bites, attacks, or menaces a trespasser on the property of its owner, anyone assaulting its owner, anyone who has tormented or abused it, or is a professionally trained dog used for law enforcement or guard duties.
(Ord. 1919, passed 6-5-95)
§ 91.01 RUNNING AT LARGE.
No domestic animal, including dogs, cats, horses, mules, cattle, sheep or swine or domestic fowl of the species of geese, ducks, turkeys, hens or barn fowls, guinea fowls, or peacocks shall be suffered, allowed, or permitted to run at large within the limits of the city. Any animal or fowl found upon any public street, sidewalk, alley, parkway or any unenclosed place shall be deemed to be running-at-large unless such animal or fowl is firmly held on a leash or is in an enclosed vehicle or is on the property of the owner of the animal. The owner or keeper of any such domestic animal or fowl who shall allow or permit the same to run at large within the city shall be guilty of a separate violation for each and every animal or fowl so suffered to run at large. (Am. Ord. 1216, passed 5-16-77; Am. Ord. 1673, passed 6-17-91) Penalty, see § 91.99
§ 91.02 UNATTENDED ANIMALS TO BE SECURELY FASTENED.
It shall be unlawful to leave any horse or other draft animal unattended in any street without having such animal securely fastened. Penalty, see § 91.99
§ 91.03 CRUELTY TO ANIMALS OR BIRDS.
It shall be unlawful for any person to be cruel to any animal or bird.
A person commits the offense of cruelty to an animal or bird when he or she does any of the following:
Overloads, overdrives, overworks, beats, tortures, abuses, torments, knowingly poisons, knowingly attempts to poison, mutilates, or kills any animal or bird, or causes or knowingly permits the same to be done.
Works any old, lame, infirm, sick, or disabled animal or bird, or causes or knowingly permits the same to be done.
Unnecessarily fails to provide an animal or bird in one's charge or custody, as owner or otherwise, with proper food, drink, and/or proper sanitary shelter.
Abandons any old, lame, infirm, sick, or disabled animal or bird by leaving such animal or bird on any highway or public way or in any other place where it may suffer injury, hunger, exposure, or become a public charge.
(Am. Ord. 1235, passed 4-17-78; Am. Ord. 1919, passed 6-5-95) Penalty, see § 91.99
§ 91.04 KILLING BIRDS PROHIBITED.
No person shall kill or wound, or attempt to kill or wound, by the use of firearms, bow and arrow, pelting with stones, or otherwise, any bird within the city limits; or shoot an arrow, or throw a stone, club, or other missile at any bird within any private grounds or public parks, squares, or grounds; or enter upon any private enclosure or public ground belonging to the city, for the purpose of doing any act prohibited in this section. Penalty, see § 91.99
§ 91.05 NOISY ANIMALS.
No person shall keep or harbor any cow, calf, hog, or other animal shut up or tied in any yard, house, or other place, which by howling, bawling, or by other noises, shall disturb the peace and quiet of any family, individual, or neighborhood. Penalty, see § 91.99
§ 91.06 VICIOUS OR DANGEROUS ANIMALS.
Except as otherwise provided herein, no person shall permit any vicious or dangerous animal to run at-large, nor lead any such animal with a chain, rope, or other device, whether such animal is muzzled or unmuzzled, on any street, avenue, lane, highway, or public place.
An animal shall be deemed to be vicious or dangerous, or shall be determined by the City Administrator to be vicious or dangerous, by utilizing the procedures and standards hereinafter provided with respect to vicious dogs.
No person shall possess any vicious or dangerous animal unless such vicious or dangerous animal is confined in accordance with the provisions, restrictions, and standards applicable to vicious dogs.
Vicious and dangerous animals which are not properly confined, as hereinabove provided, shall be impounded as provided for vicious dogs.
It shall be unlawful for the owner, keeper, or harborer of a vicious or dangerous animal to fail to comply with the requirements and conditions herein contained. Any vicious or dangerous animal found to be the subject of a violation of this chapter shall be subject to immediate seizure and impoundment. In addition, failure to comply may result in the immediate removal of the animal from the City of Washington.
(Ord. 1919, passed 6-5-95) Penalty, see § 91.99
§ 91.07 BURIAL OR THROWING OF ANIMALS INTO STREETS; KEEPING.
No person shall leave or throw into any place or street or public water, or offensively expose or bury anywhere within the city the body, or any part thereof, of any dead or fatally sick or injured animal.
No person shall keep any dead animal, or any offensive meat, bird, fowl, or fish in a place where the same may be dangerous to the life or detrimental to the health of any person.
Penalty, see § 91.99
§ 91.08 KEEPING OF GOATS.
It shall be unlawful for any person to keep, maintain, or raise any goat of any kind or species within the city limits; provided, however, the keeping, maintenance, or raising of no more than five (5) pygmy goats on a single parcel of real estate shall be permitted and allowed on parcels of real estate zoned agricultural. (Am. Ord. 1952, passed 9-18-95) Penalty, see § 91.99
§ 91.09 BEES.
It shall be unlawful for the owner or keeper of bees within the city to permit or allow such bees to fly at large within the city limits. Penalty, see § 91.99
§ 91.10 ANIMAL DEFECATION.
Removal of dog and other animal defecation from public and private properties. An owner or other person having custody of any dog or any other animal shall not permit said dog or any other animal to defecate on any school ground, public street, alley, sidewalk, tree, bank, park, or any other public grounds, or any private property within the city, other than the premises of the owner or person having custody of said dog or other animal, unless said defecation is removed immediately and without delay.
No dog or other animal defecation or manure shall be dumped or left on any street, alley, sidewalk, nor on any open space or lot in any portion of the city; provided, however, that this provision shall not be construed to prohibit the use of manure as fertilizer for lawns and gardens in keeping with ordinary and customary practices, in a manner that does not create a nuisance.
Any person, firm, corporation, or other entity violating this section shall be fined as set forth in § 91.99.
Any violation of this section is hereby declared to be a nuisance. In addition to any other relief or fine provided by this section, the relief provided for abating nuisances pursuant to Chapter 96 of this Code of Ordinances shall also be available to the city to prohibit the continuation of any violation of this section.
(Ord. 1599, passed 9-5-89) Penalty, see § 91.99
§ 91.21 Repealed - Ordinance 2589, February 7, 2005
§ 91.22 Repealed - Ordinance 2589, February 7, 2005
§ 91.23 INOCULATION.
It shall be unlawful to permit any dog which is not on a leash, under control or muzzled to be in any public street, parkway, sidewalk, park, in any store or place of public gathering, or in any place in the municipality other than in an enclosed area unless such dog has been inoculated against rabies by a licensed veterinarian within the preceding year. Penalty, see § 91.99
§ 91.24 VICIOUS DOGS.
It shall be unlawful for any person to keep, harbor, own, or in any way possess within the corporate limits of the City of Washington a vicious dog, subject to the following exceptions and standards:
Determination of vicious dog status:
Any individual dog which has bitten or attacked a human being or other domestic animal either on public or private property and without provocation shall be automatically deemed a vicious dog. Further, such dog may be immediately impounded.
In the event that a law enforcement agent, animal control officer, or the City Administrator has probable cause to believe that an individual dog is a vicious dog, the City Administrator may convene a hearing for the purpose of determining whether the individual dog in question shall be declared a vicious dog and to determine whether the dog constitutes a significant threat to public health and safety. Prior to the hearing, the City Administrator shall conduct or cause to be conducted an investigation and shall provide reasonable notification of the hearing to the owner.
Following notice to the owner and prior to the date set for hearing, in the event that a law enforcement agent, animal control officer, or the City Administrator has probable cause to believe that an individual dog is a vicious dog and may pose an immediate threat of serious harm to human beings or other domestic animals, the law enforcement agent or City Administrator may seize and impound the dog pending disposition of the hearing. The owner of the dog shall be responsible for payment to the City of Washington for the costs and expenses of keeping the dog.
The hearing shall be held within no less than five (5) nor more than ten (10) days after service of notice upon the owner of the individual dog. The hearing shall be conducted informally and shall remain open to the public. At the hearing, the owner shall have the opportunity to present evidence on behalf of his dog setting forth reasons why the dog should not be declared a vicious dog and not determined to be a significant threat to the public health and safety if returned to its owner. The City Administrator may decide all issues for or against the owner of the dog regardless of whether the owner appears at the hearing.
Within five (5) days after the conclusion of the hearing, the City Administrator shall make his determination of the status of the individual dog. The owner shall then be notified in writing of the determination by the City Administrator.
Licensing of vicious dogs:
No person shall possess any vicious dog for a period of more than forty eight (48) hours without having first obtained a license therefor from the City of Washington.
An application for a license to possess a vicious dog shall be filed with the City of Washington on a form prescribed and provided by the City and shall be accompanied by all of the following:
Verification of the identity of the owner and current address by providing a photostatic copy of the owner's driver's license.
Proof of ownership of the vicious dog.
A copy of the current immunization and health record of the vicious dog prepared by a veterinarian licensed to practice in the State of Illinois.
A Certificate of Insurance evidencing coverage in an amount not less than fifty thousand dollars ($50,000.00), insuring said person against any claim, loss, damage, or injury to persons, domestic animals, or property resulting from the acts, whether intentional or unintentional, of the vicious dog.
Two (2) photographs of the vicious dog to be licensed taken not less than one (1) month before the date of the application. One (1) photograph shall provide a front view of the vicious dog and shall clearly show the face and ears of the vicious dog. One (1) photograph shall show a side view of the vicious dog.
A license fee of fifty dollars ($50.00).
Such other information as may be required by the City Clerk of the City of Washington.
Upon receipt of an application, the City Clerk of the City of Washington shall forward such application to the Police Department which shall cause an inspection of the premises on which the vicious dog shall be kept to determine that all provisions of this section relating to confinement and posting of signs have been complied with by the applicant. Upon completion of the inspection, the Police Department shall notify the City Clerk, in writing, of the results of the inspection.
Upon receipt of the results of the Police Department inspection, the City Clerk shall notify the applicant of the approval or denial of the license. In the event the license is denied, the notification shall be provided in writing and the reasons for such denial shall be stated. Upon denial, the owner or keeper of the vicious dog shall remove the vicious dog from the City within forty eight (48) hours. Upon approval, the City Clerk shall issue a license to the applicant.
Confinement of vicious dogs: No person shall possess any vicious dog unless the vicious dog is confined in accordance with this section.
Confinement indoors: No vicious dog may be kept on a porch, patio or in any part of a house or structure that would allow the vicious dog to exit the structure on its own volition. No vicious dog shall be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the vicious dog from exiting the structure.
Confinement in an exterior yard: No person shall confine a vicious dog in an exterior area unless such vicious dog is confined in a confinement structure constructed and maintained in accordance with this chapter, except that a vicious dog may be confined outside of a confinement structure in a manner set forth in paragraph (C) (3) of this section.
(a) Confinement on leash and run line: No person shall permit a vicious dog to go outside a confinement structure, house or other structure unless the vicious dog is securely restrained with a leash no longer than three (3) feet in length and fitted with a muzzle or securely restrained on a run line no longer than ten (10) feet in length and fitted with a muzzle. No person shall permit a vicious dog to be kept on a leash unless a person is in actual physical control of the leash.
(b) The only time a vicious dog may be allowed out of the enclosure or off the run line are if it is necessary for the owner or keeper to obtain veterinary care for the vicious dog; or to sell or give away the vicious dog; or to comply with the order of a court of competent jurisdiction; or to allow the owner or keeper to walk the vicious dog, provided that said vicious dog is securely muzzled and restrained with a leash having a minimum tensile strength of at least three hundred (300) pounds and not exceeding three (3) feet in length, and shall be under the direct control and supervision of the owner or keeper of the vicious dog.
Impoundment of vicious dogs:
Any vicious dog which is not properly confined to a confinement structure, on a run line, or properly secured by a leash under the owner or keeper's control shall be impounded by the law enforcement authority having jurisdiction in such area; provided, however, that if the City animal control warden or any City police officer reasonably believes that such dog poses an immediate threat of severe injury to any person, such officials are authorized to kill such dog. Any vicious dog found to be running at large by any member of the Police Department of the City shall be presumed to be in violation of this section and shall be subject to impoundment.
If the incident giving rise to the impoundment has resulted in an injury to a person, upon impoundment by the Police Department, the Chief of Police, or his designee shall notify the Rabies Control Administrator of the county pursuant to ILCS Ch. 510, Act 5, § 13, as amended, and shall transfer control of the vicious dog to the Administrator in accordance with ILCS Ch. 510, Act 5, § 13, as amended.
Any dog which attacks a human being or other domestic animal may be ordered destroyed in an expeditious and humane manner, when in the Court's judgment, such dog represents a continuing threat of serious harm to human beings or other domestic animals. However, prior to the destruction of the dog, control of the dog must be transferred to the Administrator pursuant to paragraph (D) (2) of this section.
Any vicious dog which has previously been impounded for not properly being confined or for running at large in violation of paragraph (C) (1), (C) (2), or (C) (3) hereof, or which has previously bitten or attached a human being or other domestic animal without provocation, shall be ordered destroyed in an expeditious and humane manner upon any subsequent violations of those subsections or upon any subsequent unprovoked attack or bite.
Any dog which attacks a human being, except a dog listed in § 91.001(S)(3) of this chapter, which results in severe injury shall automatically be destroyed in an expeditious and humane manner.
Redemption of impounded vicious dog: An owner of a vicious dog holding a license, pursuant to this chapter, may redeem an impounded vicious dog if the vicious dog has been impounded pursuant to paragraph (D) of this section; and the vicious dog has not caused severe injury to a person, subject to the following conditions:
Proof of a valid license issued by the City of Washington under paragraph (B) of this section; and
Payment of the cost of keeping the vicious dog during the period of impoundment.
Sale or transfer of ownership prohibited: No person shall sell, barter, offer to breed or in any other way dispose of a vicious dog to any person within the City unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such vicious dog; provided that the registered owner of a vicious dog may sell or otherwise dispose of a vicious dog or the offspring of such vicious dog to persons who do not reside within the City of Washington provided they give written notice to the person who will be receiving the vicious dog that such dog has been deemed a vicious dog under this chapter.
Animals born of vicious dogs: All offspring born of vicious dogs registered within the City must be removed from the City within six (6) weeks of the birth of such animal.
Reporting requirements of license: Any person holding a license pursuant to subsection (B) hereof shall report the incidence of any of the following events:
The sale, barter, exchange, gift or death of any vicious dog shall be reported within forty eight (48) hours.
The escape from confinement of any vicious dog shall be reported upon discovery of the escape.
The biting or nipping of any person or animal by a vicious dog shall be reported upon occurrence.
The birth of any offspring of a vicious dog shall be reported within forty eight (48) hours of the birth of the offspring.
The permanent removal of any vicious dog from the territorial limits of the City shall be reported within forty eight (48) hours of such removal by surrender of the license of the owner to the City Clerk.
Except as otherwise provided in this section, the report of any incident required to be reported under this subdivision shall be made to the Police Department of the City.
Further, all dog owners, whether or not their dog is licensed as a vicious dog, receiving notice or having knowledge that their dog has bitten or attacked a human being or domestic animal without provocation shall immediately notify the Police Department of the City of Washington of said incident.
Sign required: All person possessing a vicious dog shall display in a prominent place on the premises where a vicious dog is to be kept a sign which is readable by the public from a distance of not less than one hundred (100) feet using the words "Beware of Dog." A similar sign shall be posted on any confinement structure.
Fighting prohibited: No person shall fight or bait, conspire to fight or bait, or keep, train, or transport for the purpose of fighting or baiting, any dog. No person shall own or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging said dog to attack human beings or domestic animals without provocation.
Revocation of license: A license granted pursuant to this chapter shall be automatically revoked upon the second violation by the licensee of any provision of this chapter. In the event of a revocation of the license, the license fee shall be retained by the City of Washington and the vicious dog must be removed from the city within forty eight (48) hours.
Exceptions: This chapter shall not apply to any K-9 Patrol Dogs or Police Dogs as defined herein.
Failure to comply: It shall be unlawful for the owner, keeper or harborer of a vicious dog registered with the City of Washington to fail to comply with the requirements and conditions set forth in this chapter. Any vicious dog found to be the subject of a violation of this chapter shall be subject to immediate seizure and impoundment. In addition, failure to comply may result in the revocation of the license of such animal resulting in the immediate removal of the animal from the City of Washington.
(Ord. 1919, passed 6-5-95) Penalty, see § 91.99
§ 91.25 IMPOUNDING.
Any animal or fowl found running at large, as defined in § 91.001 and §91.01, or any dog or cat for which the annual license fee has not been paid as provided in § 91.24, as the case may be, shall be impounded by the Police Department or the duly appointed dog catcher or animal control agency. If such animal or fowl shall have not been redeemed within seven (7) days after being impounded, it shall be disposed of in the manner prescribed by the City Council.
Any dog or cat impounded may be redeemed by the owner upon payment of a boarding fee, as established by the City Council from time to time, for each day the dog or cat is impounded, plus a release fee computed at fifteen dollars ($15.00) for each offense.
(Am. Ord. 1402, passed 3-5-84; Am. Ord. 1673, passed 6-17-91; Am. Ord. 1919, passed 6-5-95; Am. Ord. 2589, passed 2-7-05)
§ 91.26 LIMITATION ON NUMBER OF DOGS AND CATS.
No person shall permit more than three (3) dogs or cats, or any combination thereof, to remain in or about any parcel of R-1 residential or more than two (2) dogs or cats, or any combination thereof, on any parcel zoned R-2 multi-family within the city under his control at any one time. This section applies only to dogs and cats over the age of five (5) months. (Am. Ord. 1515, passed 1-5-87; Am. Ord. 1529, passed 8-3-87) Penalty, see § 91.99
§ 91.40 ANIMAL CONTROL WARDEN.
Appointment and compensation. The Animal Control Warden will be appointed annually by the City Administrator. He shall be subject to the same rules and conditions of employment as other city employees, He may be removed by the City Administrator in accordance with the rules set forth in the personnel manual. He shall receive such compensation as may be provided from time to time by the City Council of the city.
Duties. He shall perform such duties and activities as he is directed to do by the City Administrator or Police Chief.
(Ord. 1355, passed 8-17-81)
§ 91.99 PENALTY.
Whoever violates the provisions of this chapter for which another penalty is not already provided, shall be fined not more than five hundred dollars ($500.00) for each offense.
Whoever violates the provisions of § 91.03 shall be punished by a fine not exceeding two hundred dollars ($200.00). Each day any violation of any provision of this section shall continue shall constitute a separate offense. (Ord. 1673, passed 6-17-91)
Whoever violates § 91.10 shall be punished by a fine of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. A separate offense shall be deemed to be committed for each day during or upon which a violation occurs or continues. (Ord. 1599, passed 9-5-89)
Whoever violates § 91.24 or any of the provisions thereof shall be punished by a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00). Additionally, any person found guilty of violating § 91.24, or any of the provisions thereof, shall pay all expenses, including shelter, food, veterinary expenses, and other expenses necessitated by the seizure of the dog for the protection of the public, and such other expenses as may be required for the destruction of any such dog. (Ord. 1919, passed 6-5-95)