(a) At Large. Any dog shall be deemed to be at large when he is off the property of his owner and not under the control of a responsible person.
(b) Restraint. A dog is under restraint if he is controlled by a leash; at “heel” beside a responsible person, or obedient to that person’s commands; within a vehicle being driven or parked on the streets, or within the property limits of his owner or keeper.
.02 RUNNING AT LARGE.
No dog shall be permitted to run at large in the City. Every dog within any city park, recreational area, or trail shall be restrained by a leash. (2003-12)
.03 REMOVAL OF EXCRETA.
The owner of a dog and the person who has control of a dog at any given time shall remove the excrement deposited by his or her dog upon public property or upon the property of any person other than the owner of the dog without that person’s consent. This section shall not apply to a blind person while walking with his or her guide dog. (2003-12)
.04 DISTURBING THE PEACE.
No person owning any dog shall permit such dog to disturb the peace and quiet of the neighborhood by barking or making other loud noises or by running through or across bushes, landscaping, cultivated gardens or fields, or in any manner damaging or destroying property of other persons.
The City of Fairbury will not issue dog licenses, but will rely on rabies tags issued by LivingstonCounty for identification purposes. (1999-1)
.06 NUISANCES. Amended (2003-12)
(a) A dog found within the corporate limits of the City of Fairbury shall be classed as a nuisance, and its owner in violation of this Section when the dog shall commit and repeat any of the following acts:
1. Molesting persons or moving vehicles by chasing or barking or otherwise encumbering them.
2. Attaching other animals that are being maintained in a lawful and otherwise proper way on the premises of their owner or that are away from the owner’s premises but under restraint of their owner or other authorized.
3. Damaging property other than that of the dog’s owner.
4. Disturbing the peace as provided in Section .04 of this Chapter.
(b) When a dog is found running at large, unlicensed, disturbing the peace, or in violation of Section .06(a), such dog shall be impounded, at the discretion of the Police or dogcatcher, but the owner of the dog shall be cited for violation of this chapter.
A poundkeeper shall be appointed by the Mayor, with the advice and consent of the City Council, and the duties of such poundkeeper shall including the impounding of any and all dogs found in violation of this chapter.
.08 FEES FOR IMPOUNDING AND KEEPING.
The charge for each day any dog is impounded under this chapter shall be $3.00. (1999-1)
.09 HOW REDEEMED.
The owner or owners of any dogs impounded hereunder may redeem the same by paying all charges accrued, plus a redemption fee of $20.00. When all said charges and fees have been paid, the poundkeeper shall release the dog to the owner. (1999-1)
.10 PUBLIC NOTICE.
Appropriate records shall be kept of each dog impounded, and a description of each dog impounded, and the date thereof shall be posted at the City Hall. The poundkeeper shall give notice by mail to the owner or keeper of such dog as disclosed by the tag records of the City Hall. Any impounded dog not redeemed within seven days shall be humanely destroyed or otherwise disposed of by the poundkeeper.
.11 RABIES PROTECTION.
Each calendar year, or at such intervals as may hereafter be promulgated by the Department of Agriculture of the State of Illinois, every owner or keeper of a dog four months or more of age shall cause such dog to be inoculated against rabies. The tag issued to the owner or keeper of said dog by a veterinarian inoculating such dog shall be attached to the collar or harness worn by the dog. Such inoculation shall be performed by a veterinarian duly licensed to practice his profession in the state, and shall be performed in accordance with the regulation promulgated by the said Department of Agriculture. In the event any dog impounded in accordance with this chapter does not wear a tag certifying to his inoculation in accordance herewith, such dog shall not be released until he has been inoculated in accordance with this chapter.
The Police Department is charged with the duty of enforcing the provision of this chapter. The poundkeeper shall work under the jurisdiction of the Police Department, and any violations of this chapter may be enforced by the poundkeeper in the same manner as a duly constituted policeman.
.13 FACILITIES FOR IMPOUNDING.
The City shall provide suitable facilities for the impounding of dogs.
.14 IMPOUNDMENT OF DOGS WHICH HAVE BITTEN PERSONS.
Any dog which shall have bitten or otherwise injured any person shall be immediately taken, impounded and kept separated from other dogs for fourteen days. If such dog is or becomes rabid, he shall be destroyed and his head sent to the Department of Agriculture. The owner of such dog shall pay any veterinary and impoundment fees incurred hereunder.
.14A DANGEROUS AND VICIOUS DOGS. (section added 1999-12)
(a) “Dangerous dog” means
(i) any individual dog which when either unmuzzled or muzzled, unleashed or leashed, or whether attended by its owner, or a member of its owner’s family or unattended, and in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon the streets, sidewalks, or any public grounds or places in the corporate limits of Fairbury, or
(ii) any individual dog which has been declared or found to be a dangerous dog by the proper authorities of any other jurisdiction in accordance with the statutes or ordinances of such other jurisdiction
(b) The Chief of Police of Fairbury may conduct an investigation and recommend to the Fire and Police Committee of the City Council of the City of Fairbury that a particular dog be declared a dangerous dog. Based upon that investigation the Fire and Police Committee may find and declare in writing that a dog is a dangerous dog as defined in paragraph (a) of this section.
(c) It is unlawful for any person to permit any dangerous dog to leave the premises of its owner when not under control by leash or other recognized means
(d) “Vicious dog” means
(i) any individual dog that when unprovoked inflicts bites or attacks a human being or other animal either on public or private property, or
(ii) any individual dog with 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
(iii) any individual dog that has as a trait or characteristic and a generally known reputation for viciousness, dangerousness, or unprovoked attacks upon humans beings or other animals, unless handled in a particular manner or with special equipment, or
(iv) any individual dog which attacks a human being or domestic animal without provocation or
(v) any individual dog which has been found to be a “dangerous dog” upon three separate occasions by the Fire and Police Committee of the City Council of Fairbury or the proper authorities of any other jurisdiction in accordance with the statutes or ordinances of that jurisdiction. Said three separate occasions do not have to be all by the same authority or jurisdiction, or
(vi) any individual dog which has been found to be a vicious dog by the proper authority of any other jurisdiction in accordance with the statutes or ordinances of that jurisdiction.
(e) No dog shall be deemed vicious if it bites, attacks, or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it or is a professionally trained dog for law enforcement or guard duties and which is maintained by its owner for those purposes. Vicious dogs shall not be classified in a manner that is specific as to breed.
(f) “Found to be a vicious dog” means that the Chief of Police of Fairbury has conducted an investigation and made a recommendation that a particular dog is a vicious dog as defined in paragraph (d) of this Section and, based upon that investigation and recommendation, the Fire and Police Committee of the City Council of Fairbury has declared in writing that the dog is a vicious dog, or that the Circuit Court of any county in Illinois which had jurisdiction over the dog has found the dog to be a vicious dog in accordance with the Animal Control Act of Illinois.
(g) Any dog which has been found to be a vicious dog shall be kept in an enclosure. When a dog has been found to be a vicious dog the owner shall surrender the dog to the police who shall keep it in a secure facility until the owner has prepared an enclosure for the dog. If the owner does not surrender the dog to the police, then the police may enter onto the owner’s premises or any other premises where the dog may be to take custody of the dog. The owner may appeal the finding of the Fire and Police Committee of the City Council that the dog is a vicious dog to the CircuitCourtofLivingstonCounty in seven working days of the finding. If the owner tells the police that he does not want the dog returned or if he does not prepare an enclosure within 14 days of the police taking the dog, then the dog shall be turned over to a licensed veterinarian for destruction by lethal injection. The dog shall not be released to the owner until the Chief of Police approves the enclosure as defined in this Section.
(h) “Enclosure” means a fence or structure of at least six feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog within the enclosure. Such enclosure shall be securely enclosed and locked and designed with secure sides, top, and bottom and shall be designed to prevent the animal from escaping from the enclosure. The enclosure shall have affixed to it a sign reading “WARNING! VICIOUS DOG.”
(i) It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog unless such dog is at all times kept in an enclosure. The only times that a vicious dog may be allowed out of the enclosure are (1) if it is necessary for the owner or keeper to obtain veterinary care for the dog or (2) to comply with the order of a court of competent jurisdiction, provided that the dog is securely muzzled and restrained with a chain having a tensile strength of 300 pounds and not exceeding three feet in length, and shall be under the direct control and supervision of the owner or keeper of the dog.
(j) Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded by the police and shall be turned over to a licensed veterinarian for destruction by lethal injection. The owner may appeal the impoundment order to the CircuitCourtofLivingstonCounty within seven working days and if the owner does not appeal within that time then the dog may be humanely dispatched.
(k) All fees and costs which the City incurs on account of any dog pursuant to this Section of the City Code shall be paid by the owner of the dog whether or not the dog is returned to the owner.
.15 DISPOSITION OF FEES COLLECTED.
All fees or fines collected shall be paid to the City Clerk.
.16 SEVERANCE CLAUSE.
If any section, paragraph, clause or provision of this chapter shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this chapter.
(a) The following penalties are hereby established for violations of this chapter:
1. For any dog not carrying a tag certifying to his inoculation in accordance with the provision hereof. . $5.00. (1999-1)
2. For any other violation of Chapter 14: amended 2003-12
(a) $20.00 for the first offense. (1999-1)
(b) Each offense thereafter shall be considered a Class C misdemeanor, punishable by a fine of at least $75.00 but not to exceed $750.00. (1999-1)
3. If legal action is required to collect fines for the above described offenses, the owner of the offending dog shall be responsible for any cost and fees incurred to collect said fine. (1999-1)
Sections .03-.16 were renumber in ordinance 2003-12