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Chapter 13 | Sunday, March 22, 2009
ORDINANCE NO. 2008-04
AN ORDINANCE AMENDING CHAPTER 13. DOGS AND OTHER ANIMALS
OF THE VILLAGE OF COLFAX MUNICIPAL CODE
PASSED: AUGUST 4, 2008
APPROVED: AUGUST 4, 2008
EFFECTIVE DATE: AUGUST 4, 2008
PUBLISHED IN PAMPHLET FORM: AUGUST 4, 2008
AN ORDINANCE AMENDING CHAPTER 13. DOGS AND OTHER ANIMALS OF THE VILLAGE OF COLFAX MUNICIPAL CODE
Whereas, the President and the Board of Trustees of the Village of Colfax have reviewed Chapter 13, DOGS AND OTHER ANIMALS, of the Village of Colfax Municipal Code and find that the definition section thereof should be amended by adding thereto specific definitions for Dangerous Dog" and "Vicious Dog" as set forth in 510 ILCS 512.05a and 510 ILCS 51219b, respectively and to delete and repeal Section 13.05 in its entirety and to amend said Chapter 13 by adding a new Section 13.05 of said Chapter 13 with regard to the revised definitions of "Dangerous Dog" and "Vicious Dog" in relation to confined dogs and action which the Police Department may take with regard to a dangerous or vicious dog.
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF COLFAX, ILLINOIS AS FOLLOWS:
Section 1. Amendment to Subsections 13.01 of Chaøter 13 Dogs and Other Animals to add the definitions of "Dangerous Dog" and "Vicious Dog" That Subsections 13.01 is hereby amended to add the following definitions thereto:
"Dangerous Dog" means (I) any individual dog anywhere other than upon the property of the owner or custodian of the dog and muzzled, unleashed or unattended by its owner or custodian 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 a person or a companion animal, or(ii) a dog that, without justification, bites a person and does not cause serious physical injury.
"Vicious Dog" means a dog that, without justification, attacks a person and causes serious physical injury or death or any individual dog that has been found to be a "dangerous dog" upon 3 separate occasions.
Section 2. Section 13.05 of Chapter 13 is hereby deleted and repealed in its entirety.
Section 3. Chapter 13, Dogs and other Animals is hereby amended by adding thereto Section 13.05 as follows:
"13.05 Actions with regard to Dangerous or Vicious Dogs-Confined/At Large Dogs.
"No confined dog shall be declared dangerous or vicious except upon the determination by a licensed veterinarian. If a confined dog is so declared dangerous or vicious, the owner or custodian of such dog shall immediately provide extraordinary precautions such as muzzles, chains, cages and waming signs, as may be required by the Chief of Police or other duly authorized officer in the absence of the Chief of Police.
Any dog at large which by its actions is deemed by the Chief of Police (or other duly authorized officer in the absence of the Chief of Police) to be dangerous or vicious and cannot be safely taken up and impounded, may be slain by a member of the Police Department. It shall be the duty of the Police Department to forthwith deliver the head of such slain dog to the State Department of Public Health or such other state or county department as authorized by state law.'
Section 4. All other provisions of Cha 13. DOGS AND OTHER ANIMALS
That all other provisions contained in Chapter 13, DOGS AND OTHER
ANIMALS, do and shall remain in full force and effect.
Section 5. Severability. The provisions and sections of this ordinance shall be deemed separable and the invalidity of any portion of this ordinance shall not affect the validity of the remainder.
Section 6. Urgency for Passage That the revisions contained herein shall be in full force and effect from and after its passage, approval, and publication in booklet (pamphlet) form, in accordance with the laws of the State of Illinois.
Passed by the Board of Trustees of the Village of Colfax, McLean County, Illinois, this 4th day of August, 2008.
AYES: Donna Poppe; Bruce Green; Carol Stephenson; Rick Wagoner
NAYS: -0-
ABSENT: Dennis Farney; Lonnie Meiner
signature on file
Clerk, Village of Colfax
Approved by me this 4th day of August, 2008:
signature on file
Mayor (President of the Board), Village of Colfax
Attested and filed in my office this 4th day of August, 2008.
signature on file
Village Clerk
CERTIFICATION OF ORDINANCE
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the foregoing Ordinance constitutes a true and correct copy of said Ordinance, passed, approved, and published on the 4th day of AUGUST, 2008.
I do further certify that said Ordinance has been placed in the permanent records of said Village where it now appears and remains in the Book of Minutes.
In Witness whereof, I have hereunto set my hand and seal of the Village of Colfax, McLean County, Illinois, this 4th day of August, 2008.
signature on file
Nancy Kiper, Clerk of the Village of Colfax
McLean County, Illinois
CERTIFICATION OF ORDINANCE PUBLISHED IN PAMPHLET FORM
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, certify that I am the duly elected and acting municipal clerk of the Village of Colfax, McLean County, illinois and I fUrther certi& that on AUGUST 4,2008, the Corporate Authorities of such municipality passed and approved Ordinance No. 2008-_, entitled " ORDINANCE AMENDING CHAPTER 13, DOGS AND OTHER ANIMALS OF THE VILLAGE OF COLFAX MUNICIPAL CODE" which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2008.04 (including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on August 4, 2008, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.
Dated at Colfax, Illinois, this 4th day of August, 2008.
signature on file
(SEAL)
AN ORDINANCE REPEALING CHAPTER 13 IN ITS ENTIRETY AND
AMENDING THE COLFAX MUNICIPAL CODE BY ADDING A NEW
CHAPTER 13 ENTITLED "DOGS AND OTHER ANIMALS"
WHEREAS, the President and the Board of Trustees of the Village of Colfax have filly considered the value of and need for the substantial revision of Chapter 13 (DOGS AND OTHER ANIMALS) of the Colfax Municipal Code and have determined that said Chapter 13 of the Colfax Municipal Code as originally passed, approved and published
on January 5, 1976 and as subsequently amended on August 1, 1983 should be rescinded, deleted and repealed in full and that the Colfax Municipal Code should be revised by amendment thereto of a new Chapter 13 (DOGS AND OTHER ANIMALS) as set forth hereinafter;
WHEREAS, the President and the Board of Trustees of the Village of Colfax find, agree and hold the opinion that the office of Animal Control Officer should be created as set forth hereinafter; and
WHEREAS, the President and the Board of Trustees of the Village of Colfax have reviewed, considered and determined that the Village of Colfax should enter into an animal control intergovernmental agreement with the McLean County Board of Health
having recognized the need to provide quality shelter for dogs or other animals subject to impoundment as provided by the State Animal Control Act, ordinances enacted by the County of McLean pursuant to said Act, and ordinances enacted by the Village of Colfax.
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES
OF THE VILLAGE OF COLFAX, ILLINOIS that Chapter 13 of the Colfax Municipal Code as originally passed, approved and published on January 5, 1976 and as
subsequently amended should be repealed in its entirety and that the Colfax Municipal Code should be revised by amendment thereto by adding a new Chapter 13 (DOGS AND OTHER ANIMALS) as set forth hereinafter:
CHAPTER 13
DOGS AND OTHER ANIMALS
SECTION 13.1 CRUELTY AND ABANDONMENT It shall be unlawful for any person to cruelly treat any animal in the Village of Colfax (hereinafter referred at times as "Village") in any way. It shall be unlawful for any person shall inhumanely beat, underfeed, overload or abandon any animal in the Village of Colfax.
SECTION 13.2 DANGEROUS ANIMALS It shall be unlawful to permit any dangerous animal or vicious animal of any kind to run at large within the Village of Colfax. Exhibitions or parades of animals which are ferae naturca in the eyes of the law may be conducted only pursuant to a permit issued by the President (Mayor) with the advice and consent of the Board of Trustees.
SECTION 13.3 NOISES It shall be unlawful for harbor or keep any animal which disturbs the peace by loud noises at any time of the day or night.
SECTION 13.4 STRAYS. It shall be unlawful to permit any dog, cat, cattle, horse, swine, sheep, goats or poultry to run at large in the Village of Colfax. Any such animal running at large in any public place in the Village of Colfax shall be impounded in the manner provided in the following article. It shall further be unlawful to picket or tie any such animal in any of the streets of the Village of Colfax for the purpose of grazing or feeding.
SECTION 13.5 KILLING DANGEROUS ANIMALS. The members of the Police Department, the Animal Control Officer or any other person authorized by the Village of Colfax are hereby authorized to kill any dangerous animals of any kind when it is necessary for the protection of any person or property.
SECTION 13.6 DISEASED ANIMALS. No domestic animal afflicted with any contagious disease or infectious disease shall be allowed to run at large, or to be exposed in any public place whereby the health of man or beast may be affected; nor shall such diseased animal be shipped or removed from the premises of the owner thereof, except as provided by State law.
SECTION 13.7 HOUSING. No person shall cause or allow any stable or place where an animal is or may be kept to become unclean or unwholesome and it shall be unlawful to keep, propagate or culture any live swine or pigs, cattle, sheep, horses, pigeons, poultry or any form of livestock in the Village.
SECTION 13.8 DISRUPTION OF GARBAGE. It shall be unlawful for any animal to tear up, break into, or disrupt any container which holds garbage, trash, or debris. The owner of every animal shall be responsible for the behavior of his/her animal under the provisions of this ordinance.
SECTION 13.9 RABIES, INOCULATION, AND TAG
A. Inoculation Against Rabies. It shall be the duty of every owner who keeps, harbors, or otherwise maintains a dog or cat more than four months of age in the Village to have the same inoculated against rabies by a licensed
veterinarian. Dogs must have a valid rabies certificate according to the
laws of the State of Illinois. For dogs, the type and brand of the anti-rabies vaccine used and the method of inoculation shall be in accordance with
and evidenced by a rabies tag specified by the applicable laws of the State of Illinois. Any dog or cat which is not inoculated against rabies as required herein is hereby declared to be a public nuisance, and such dqg or cat may be apprehended and impounded.
B. Collar and Tag. Every owner shall provide each dog more than four months of age kept, harbored, or otherwise maintained by him in the Village with a sturdy collar to which the aforesaid rabies tag shall be securely fastened, and it shall be the owner's duty to make certain that the collar and tag are worn at all times by the dog when off the owner's premises.
C. Unauthorized Removal of Tag. It shall be unlawful for any person, other than a police official, Animal Control Officer, or other person charged with the enforcement of this Ordinance, to remove a rabies tag from any dog without the owner or his agent's consent.
SECTION 13.10 RUNNING AT LARGE
A Running At Large means off the premises of the owner and not under physical restraint by means of a leash, cord, or chain, or confined by means of a secure enclosure. It shall be unlawful to permit to run at large any dog or cat on the streets, parks, or public ways of the Village, or on private propcrty where the owner or person in control of the private property has not granted permission for the dog or cat to be on the private property. If any dog or cat shall be found running at large upon public property or upon the private premises of any person other than the owner or keeper of such dog or cat, the owner or keeper of such dog or cat shall be deemed guilty of violation of this Section. The provisions of this Section shall not apply to dogs leading blind persons, or to dogs or eats exhibited at dog, cat, or pet shows or dog training schools, or dogs belonging to a law enforcement agency being used for law enforcement purposes. A violation of this section shall be considered an absolute liability offense.
B. Impoundment. Any dog or eat which runs at large is hereby declared to be a public nuisance and such dog or cat may be apprehended and impounded if found running at large by any police officer, animal control officer (warden), or other person authorized by the Village.
SECTION 13.11 DANGEROUS DOGS. Any dangerous or vicious dogs shall be confined by the owner at all times in such a manner that it cannot reach persons who may have occasion to lawfully enter upon said premises. Any dangerous or vicious dog shall be leashed and muzzled at all times when not confined.
A dangerous dog means any dog which in an aggressive or terrorizing manner pproaches any person in an apparent attitude of attack on any street, sidewalk or public property or private property other than the property of the owner of the dog.
A vicious dog means:
A. Any dog that, when unprovoked, bites a human being while on public or private property; or -
B Any dog which displays a propensity, tendency, or disposition to attack without provocation any human being in such a manner as to endanger a person; or
C. Any dog which has been found to be a dangerous dog on three separate occasions.
No dog shall be deemed dangerous or 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 performing in the line of duty as a professionally trained dog for law enforcement duties.
SECTION 13.12 ANIMAL BITES It shall be the duty of the owner of any animal to prevent such animal from biting or attacking any person in the Village, and, if a person is bitten by an animal, he shall report the incident to the Police Department or Animal Control Officer immediately.
Any animal which may unprovokedly bite or attack any person in the Village is hereby declared to be a public nuisance and such animal may be apprehended by a police officer or Village Animal Control Officer.
If any owner has notice that his animal has bitten any person, it shall be unlawful for such owner to kill such animal, or sell or give such animal away, or to permit or allow such animal to be taken beyond the limits of the Village except to a licensed veterinary hospital, but it shall be the duty of such owner to immediately report the incident to the Police Department or the Village Animal Control Officer, and to immediately place such animal in a licensed veterinary hospital where such animal may be quarantined for a period of at least ten days upon the request of any police officer or the Village Animal Control Officer. The owner shall immediately furnish the Police Department or the Village Animal Control Officer with the name and location of said hospital and a certificate of a licensed veterinarian stating whether or not such animal shows symptoms of rabies. At the expiration of the quarantine period, and prior to the release of such animal, the owner shall furnish the Police Department or the Village Animal Control Officer with a certificate of a licensed veterinarian stating that such animal does not have rabies. All costs of maintaining animal in the veterinary hospital shall be the obligation and responsibility of the owner and shall be paid by said owner.
In all cases where any animal has bitten a person and is slain or dies within ten days from the time of the bite, it shall be the duty of the person slaying such animal and the owner of such animal to notify the Police Department or the Village Animal Control Officer and to immediately deliver the carcass of such animal intact to such Department, or cause the same to be done.
SECTION 13.13 DISTURBING QUIET AND DAMAGING PROPERTY It shall be unlawful for an owner to keep, harbor or otherwise maintain a dog in the Village which shall disturb the quiet of any person or neighborhood, or which shall attack any person, or which shall cause danger or fear to any person or neighborhood.
SECTION 13.14 SANITATION It shall be unlawful for the owner or person in control of any dog to permit such animal to deposit dung on any public street, alley, parkway or other public place or on any private property without the consent of the owner of the property. It shall be an affirmative defense that the dung was immediately picked up and properly disposed oil It shall be unlawful for the owner of any premises to permit dung to accumulate on property such that it causes noxious odors or flies to accumulate.
SECTION 13.15 FEMALE DOG IN HEAT The owner of a female dog in heat shall not keep, harbor or otherwise maintain such dog in the Village unless the same is confined in a kennel or veterinary hospital or in an enclosed building on the owner's property during the entire period such dog is in heat. Any female dog in heat which is not confined is hereby declared to be a public nuisance and may be apprehended and impounded upon the order of the Chief of Police or the Village Animal Control Officer.
SECTION 13.16 RABIES Any dog, cat, or other animal suffering from rabies is hereby declared to be a public nuisance and such dog, cat, or other animal may be slain by any police officer or Animal Control Officer, if the same cannot be safely apprehended
and impounded. It shall be the duty of any person keeping, harboring or otherwise maintaining any such dog, cat, or other animal to place it immediately in a veterinary hospital, or upon demand, to surrender such dog, cat, or other animal to any police officer of the Village or the Village Animal Control Officer.
It shall be the duty of every person who discovers that any dog, cat or other animal is suffering with rabies or that any dog, cat, or other animal has been bitten by a dog, cat, or other animal suffering with rabies to report such fact immediately to the Police
Department or the Village Animal Control Officer. Such report shall give the name, if known, and the place of residence of the person keeping, harboring or otherwise maintaining any such dog or other animal, the place where the same can be found, and the license number of any dog, if known. Any such dog or other animal shall be immediately confined in a veterinary hospital, or taken up and impounded and securely kept until it can be determined whether any such dog, cat, or other animal is suffering with rabies.
SECTION 13.17 UNLAWFUL TREATMENT OF ANIMALS It shall be unlawful for any person to maliciously shoot, poison, kill, injure, abuse or ill-treat any animal. Any person who kills or injures a dog or cat while driving a vehicle shall stop at the scene of the accident and render such assistance as practicable and shall immediately report the incident to the Police Department or the Village Animal Control Officer.
SECTION 13.18 HINDERING ENFORCEMENT It shall be unlawtW to hinder or molest any police officer, or the Village Animal Control Officer, or other person or corporation engaged in the enforcement of this Ordinance.
SECTION 13.19 EXCEPTIONS The provisions of this article shall not apply to dogs or cats receiving treatment or temporary care in a veterinary hospital, boarding kennels or pet shops.
SECTION 13.20 ENFORCEMENT The Chief of Police and the Village Animal Control Officer are hereby authorized and directed to enforce this Ordinance. The Village Board of Trustees may, from time to time, and upon such terms and conditions as it deems proper, contract with any qualified person or corporation, and may, pursuant to said contract, provide said person or corporation with the power to enforce the provisions of this ordinance. In the absence of the appointment by the Village Board of Trustees of any other person or company as poundmaster, the Village Animal Control Officer shall be the poundmaster, and the Chief of Police and the other members of the Police Department shall assist him in carrying out the provisions of this Ordinance.
SECTION 13.21 APPOINTMENT OF Animal Control Officer The Village Board of Trustees may, from time to time, and upon such terms and conditions as it deems proper, contract with any qualified person, firm or corporation, and the President (Mayor), by and with the advice and consent of the Board of Trustees, may appoint such person, firm or corporation as the Village Animal Control Officer and he shall be ex officio poundmaster of and for the Village.
SECTION 13.22 TRAPPING STRAY OR WILD ANIMALS
A. No person shall set a trap with the intention of capturing a cat or dog in the Village of Colfax except under the following circumstances:
1. The Village Prcsident or his designee has determined that a nuisance situation exists, and;
2. The Village President or his designee has authorized the trap; and
3. Notice has been sent either in writing at least five days in advance of thc placement of the trap to the property owners abutting the property upon which the trap is to be placed, or a sign is placed in front of the property where the trap is to be placed five days in advance of the placement indicating that a trap will be set.
B. The foregoing shall not apply in the following situations:
I. To authorized persons attempting to catch suspected rabid,
dangerous or vicious animals, or animals which may be injured and in need of veterinary treatment.
2. To authorized not-for-profit associations engaging in trap-neuter- release programs in situations where those programs to not create or further a nuisance in the Village of Colfax.
3. In emergency situations where the trapping of cats or dogs is needed to protect the health and safety of the public or its pets as determined by the Village President or his designee.
C. No person shall disturb any trap or release any animal from any trap placed pursuant to this Section.
SECTION 13.23 IMPOUNDMENT PRACTICES
A. Record of Impoundment Immediately after receiving an animal for impounding, the Animal Control Officer, or his designee, shall record a description of the animal impounded, the date of the impoundment and whether such animal has a proper rabies tag.
B. Search for Record Owner. The Animal Control Officer shall upon receiving an animal for impoundment inspect the animal for a rabies tag, microchip, or other tag indicating the owner of the animal.
C. Notice of Impoundment. The Animal Control Officer shall send written notice to a known owner within two business days of receiving an animal for impoundment informing the known owner of any animal being held by the Animal Control Officer.
D. Fees. The owner of any impounded dog may redeem the animal by paying a Village of Colfax release fee of $25.00, and all fees required by the impoundment facility. The owner of any impounded cat or other animal except a dog may redeem the cat or other animal by paying all fees required by the impoundment facility.
E. Required Inoculations. No dog or cat shall be released from impoundment until proof of all required rabies inoculations have been presented.
F Post-impoundment Hearing. An owner of any animal impounded pursuant to this ordinance may request a hearing before the Village President, or his designee, regarding the authority of the impoundment facility to impound the animal. The hearing shall take place within five business days of tl request for hearing. The Village President, or his designee, may order the animal released from impoundment, with or without payment of any fees, or held in compliance with this ordinance. At any hearing pursuant to this Section, the Village President or his designee may consider hearsay evidence, including, but not limited to, reports ofanimaLcontrol officers. Upon request for a hearing, the Village President or his designee shall immediately give notice to the Animal Control Officer. No animal may be disposed of untU seven (7) days after the decision of the Village President or his designee.
G. Disposition of Unredeemed Animals. Animals not redeemed by the owner or any other person are hereby declared a public nuisance. Animals for which the impoundment facility has determined an owner may be disposed of in accordance with the provisions of State law seven (7) business days after notice has been sent to the owner. Animals for which the impoundment facility has not been able to determine an owner may be disposed of in accordance with State law three (3) business days after the animal was received by the impoundment facility. The Animal Control Officer shall make reasonable efforts to find adoptive homes for unredeemed animals prior to disposing of the animals.
SECTION 13.24 NUMBER OF ANIMALS It shall be unlawful for any person to own, keep, harbor or possess more than two dogs or more than two cats or more than two of any species of animal in any onc dwelling unit or the premises surrounding a dwelling unit. It shall be unlawful for the owner of any premises to permit any person to own, keep, harbor, or possess more than two dogs or more than two cats or more than two of any species of animal in any one dwelling unit or the premises surrounding a dwelling unit. The foregoing shall not apply to animals less than six (6) months of age.
SECTION 13.25 PENALTY. Any person convicted of any violation of the provisions of this Ordinance where to other penalty is provided, shall be fined not less than $50.00 nor more than $500.00. Each day that any such violation or failure continues shall be considered as a separate and distinct offense and shall be punishable as such.
SECTION 13.26 ANIMAL CONTROL INTERGOVERNMENTAL AGREEMENT
Authorization is hereby granted to the President (Mayor) to enter into and to execute on the behalf of the Village of Colfax an animal control intergovernmental agreement with the McLean County Board of Uealth to provide quality shelter for dogs or other animals subject to impoundment as provided by the State Animal Control Act, ordinances enacted by the County of McLean pursuant to said Act, and ordinances enacted by the Village of Colfax. A copy of said animal control intergoveniinental agreement is attached hereto and made a part hereof.
SECTION 13.27 EFFECTIVE DATE That this Ordinance, due to urgency in implementing policies and procedures for the protection of the public and animal welfare, and to provide for quality shelter for dogs or other animals subject to impoundment as provided by the State Animal Control Act, ordinances enacted by the County of McLean pursuant to said Act, and ordinances enacted by the Village of Colfax, shall be in flail force and effect from and after its passage and approval, in booklet (pamphlet) form, according to the laws of the State of llilinois.
AYES: Laurence Baker; Barton Rigsby; Gary Milton; Carol Stephenson; Jack Messamore; Rick Wagoner
NAYS: -0-
ABSENT: -0-
APPROVED:
signature on file
President, Board of Trustees
ATTEST:
signature on file
Village of Clerk
PASSED by the President and the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 10th day of January, 2005.
APPROVED by the President of the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 10th day of January, 2005.
CERTIFICATION OF ORDINANCE
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the foregoing Ordinance constitutes a true and correct copy ol said Ordinance, passed, approved, and published on the 10th day of January, 2005.
I do further certify that said Ordinance has been placed in the permanent records of said Village where it now appears and remains in the Book of Minutes.
In Witness whereof, I have hereunto set my hand and seal of the Village of Colfax, McLean County, Illinois, this 10th day of January, 2005.
signature on file
Nancy Kiper, Clerk of the Village of Colfax
McLean County, Illinois
CERTIFICATION OF ORDINANCE PUBLISHED IN PAMPHLET FORM
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, certify that I am the duly elected and acting municipal clerk of the Village of Colfax, McLean County, Illinois.
I further certify that on Jaiiuary 10, 2005, the Corporate Authorities of such municipality passed and approved Ordinance No. 2005-1, entitled "AN ORDINANCE REPEALING CHAPTER 13 IN ITS ENTIRETY AND AMENDING THE COLFAX MUNICIPAL CODE BY ADDING A NEW CHAPTER 13 ENTITLED "DOGS AND OTHER ANIMALS", which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2005-1, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on January 5, 2005, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.
Dated at Colfax, Illinois, this 10th day of January, 2005.
signature on file
Municipal Clerk, Village of Colfax
ANIMAL CONTROL
INTERGOVERNMENTAL AGREEMENT
This AGREEMENT made this 1st day of January. 2005 by and between the McLEAN COUNTY BOARD OF HEALTH, the governing body of the McLean County Health Depasiment located in the city of Bloomington, Illinois hereinafter called the BOARD OF HEALTH and Colfax, a municipal corporation located In the State of Illinois hereinafter called the MUNICIPALITY.
WHEREAS, there is a need to provide quality shelter for dogs or other animals subject to impoundment as provided by the State Animal Control Act, ordinances enacted by the County of McLean pursuant to said Act, and ordinances of the MUNICIPALITY; and,
WHEREAS, the BOARD OF HEALTH has the capacity to provide such services through allowing access to Its Animal Control Center during regularly scheduled business hours; and, WHEREAS, the MUNICIPALITY wishes to purchase quality shelter for dogs or cats subject to Impoundment collected within its jurisdictional boundaries; and,
WHEREAS, the BOARD OF HEALTH wishes to provide such services to the MUNICIPALITY through this Agreement;
IT IS THEREFORE AGREED AS FOLLOWS:
1. The parties enter Into this Agreement for the period 1/1/2005 through 12/31/2005 as follows:
a. The BOARD OF HEALTH agrees to provide accees to Its Animal Control Center during regularly scheduled business hours to a representative of the
MUNICIPALITY.
b. The BOARD OF HEALTH agrees to provide shelter to dogs or cats subject to Impoundment and placed in hnpoundment by the MUNICIPALITY.
2. The MUNICIPALITY agrees to pay to the BOARD OF HEALTH for such services twenty dollars ($20.00) per animal Impounded at the County Animal Control Center, upon Invoke, beginning 1(112005, and continuing throughout the term of this Agreement.
3. The BOARD OF HEALTH agrees to assist the MUN In enforcing its municipal ordinances by reporting the names and addresses of all persons reclaiming animals placed In the animal shelter by a McLean Animal Control Officer or other authorized representative of the MUNICIPALITY.
4. The MUNICIPALITY hereby agrees to provide its officials and employees, with liability insurance for coverage against all claims for personal Injury Including death, Ion and damage arising from services perfonned under this AGREEMENT.
5. The BOARD OF HEALTH agrees to procure and maintain a liability insurance policy providing coverage against any and all claims for personal Injury or property daumge arising out of acts, errors, ok omissions of the BOARD OF HEALTH, Its officers, employees, or agents under or pursuant to this Agreement
6. This Agreement may be terminated for any of the following reasons;
a) At the request of the MUNICIPALITY, upon thirty (30) days written notice.
b) At the request of the BOARD OF HEALTH, upon (30) days written notice.
7. It Is understood that the terms of this Agreement Include all of the agreements made by the BOARD OF HEALTH and: the MUNICIPALITY without regard to any oral converasfion. which may have taken place prior to Its execution or subsequent thereto, and that any changes shall be made in writing and agreed to by both parties.
8. If any provision of this Agreement shall be held Invalid or unenforceable, the remainder of this Agreement shall nevertheless remain In full force and effect If any provision Is held invalid or unenforceable wtth respect to a particular circumstance. It shall nevertheless remain in full force and effect in all other circumstances.
Village of Colfax
By: signature on file
President
McLEAN COUNTY BOARD OF HEALTH
By: signature on file
Director
ORDINANCE NO. 2005-5
AN ORDINANCE AMENDING CHAPTER 13 OF THE COLFAX MUNICIPAL CODE, ENTITLED "DOGS AND OTHER ANIMALS", BY MODIFYING CERTAIN PROVISIONS TO CLARIFY APPLICABILITY OF SUCH PROVISIONS TO CATS
PASSED: July 5, 2005
APPROVED: July 5, 2005
EFFECTIVE DATE: July 5,2005
PUBLISHED IN PAMPHLET FORM: July 5,2005
AN ORDINANCE AMENDING CHAPTER 13 OF THE COLFAX MUNICIPAL CODE, ENTITLED "DOGS AND OTHER ANIMALS", BY MODIFYING CERTAIN PROVISIONS TO CLARIFY APPLICABILITY OF SUCH PROVISIONS TO CATS
WHEREAS, the President and the Board of Trustees of the Village of Colfax have fWly considered the existing provisions of Chapter 13 (DOGS AND OTHER ANIMALS) of the Colfax Municipal Code and have determined that said Chapter 13 of the Colfäx Municipal Code as originally passed, approved and published on January 10, 2005 should be amended for the purpose of clarifying the applicability of certain provisions thereof to cats (felines); and
WHEREAS, the President and the Board of Trustees of the Village of Colfax have determined that this Ordinance, due to urgency, should be in full force and effect from and after its passage and approval, in booklet (pamphlet) form, according to the laws of the State of Illinois.
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF Colfax, ILLINOIS that Chapter 13 of the Colfax Municipal Code, DOGS AND OTHER ANIMALS, as originally passed, approved and published on January 10,2005 is hereby by revised by amendment thereto as set forth hereinafter:
1. Section 13.9 B. is hereby deleted in its entirety and a new Section 13.9 B is hereby added to Chapter 13 of the Colfax Municipal Code, as follows:
"Section 13.9 B Collar and Tag. Every owner shall provide each dog or cat more than four months of age kept, harbored, or otherwise maintained by him in the Village with a sturdy collar to which the aforesaid rabies tag shall be securely fastened, and it shall be the owner's duty to make certain that the collar and tag are worn at all times by the dog or cat when off the owner's premises."
2. Section 13.9 C. is hereby deleted in its entirety and a new Section 13.9 C is hereby added to Chapter 13 of the Colfax Municipal Code, as follows:
"Section 13.9 C. Unauthorized Removal of Tag. It shall be unlawful for any person, other than a police official, Animal Control Officer, or other person charged with the enforcement of this Division, to remove a rabies tag from any dog or cat without the owner's or his agent's consent."
3. Section 13.23 D. is hereby deleted in its entirety and a new Section 13.23 D is hereby added to Chapter 13 of the Colfax Municipal Code, as follows:
"Section 13.23 D. Fees The owner of any impounded dog or cat may redeem the animal by paying a Village of Colfax release fee of $25.00, and all fees required by the
impoundment facility. The owner of any other animal except a dog or cat may redeem such other animal by paying all fees required by the impoundment facility."
4. Other provisions of Chapter 13 remain in full force and effect as per Ordinance No. 2005-1 as passed and approved on January 10,2005. All other provisions of Chapter 13 of the Colfax Municipal Code except those sections as modified hereinabove remain in
f force and effect as passed and approved on January 10, 2005.
5. Effective Date. That this Ordinance, due to urgency, shall
be in full force and effect from and after its passage and approval, in booklet (pamphlet) form, according to the laws of the State of illinois.
AYES: Gary Milton; Dennis Farney; Barton Rigsby; Carol Stephenson; Rick Wagoner
NAYS: -0-
ABSENT: Jack Messamore, deceased
APPROVED:
signature on file
President, Board of Trustees
ATTEST:
signature on file
Village Clerk
PASSED by the President and the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 5th day of July, 2005.
APPROVED by the President of the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 5th day of July, 2005.
CERTIFICATION OF ORDINANCE
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the foregoing Ordinance constitutes a true and correct copy of said Ordinance, passed, approved, and published on the 5th day of July, 2005.
I do further certify that said Ordinance has been placed in the permanent records of said Village when it now appears and remains in the Book of Minutes.
In Witness whereof, I have hereunto set my hand and seal of the Village of Colfax, McLean County, Illinois, this 5th day of July, 2005.
signature on file
Nancy Kiper, Clerk of the Village of Colfax,
McLean County, Illinois
CERTIFICATION OF ORDINANCE PUBLISHED IN PAMPHLET FORM
STATE OF ILLINOIS )
)SS
COUNTY OF MCLEAN )
I, Nancy Kiper, certiffy that I am the duly elected and acting municipal clerk of the Village of Colfax, McLean County, Illinois.
I further certify that on July 5, 2005, the Corporate Authorities of such municipality passed and approved Ordinance No. 2005-5 entitled "AN ORDINANCE AMENDING CHAPTER 13 OF THE COLFAX MUNICIPAL CODE, ENTITLED "DOGS AN) OTHER ANIMALS", BY MODIFYING CERTAIN PROVISIONS TO CLARIFY APPLICABILITY OF SUCH PRO VISIONS TO CATS ", which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2005-5 including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on July 5, 2005, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.
Dated at Colfax, Illinois, this 5th day of July, 2005.
signature on file
Municipal Clerk, Village of Colfax
AN ORDINANCE AMENDING CHAPTER 13. DOGS AND OTHER ANIMALS
OF THE VILLAGE OF COLFAX MUNICIPAL CODE
PASSED: AUGUST 4, 2008
APPROVED: AUGUST 4, 2008
EFFECTIVE DATE: AUGUST 4, 2008
PUBLISHED IN PAMPHLET FORM: AUGUST 4, 2008
AN ORDINANCE AMENDING CHAPTER 13. DOGS AND OTHER ANIMALS OF THE VILLAGE OF COLFAX MUNICIPAL CODE
Whereas, the President and the Board of Trustees of the Village of Colfax have reviewed Chapter 13, DOGS AND OTHER ANIMALS, of the Village of Colfax Municipal Code and find that the definition section thereof should be amended by adding thereto specific definitions for Dangerous Dog" and "Vicious Dog" as set forth in 510 ILCS 512.05a and 510 ILCS 51219b, respectively and to delete and repeal Section 13.05 in its entirety and to amend said Chapter 13 by adding a new Section 13.05 of said Chapter 13 with regard to the revised definitions of "Dangerous Dog" and "Vicious Dog" in relation to confined dogs and action which the Police Department may take with regard to a dangerous or vicious dog.
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF COLFAX, ILLINOIS AS FOLLOWS:
Section 1. Amendment to Subsections 13.01 of Chaøter 13 Dogs and Other Animals to add the definitions of "Dangerous Dog" and "Vicious Dog" That Subsections 13.01 is hereby amended to add the following definitions thereto:
"Dangerous Dog" means (I) any individual dog anywhere other than upon the property of the owner or custodian of the dog and muzzled, unleashed or unattended by its owner or custodian 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 a person or a companion animal, or(ii) a dog that, without justification, bites a person and does not cause serious physical injury.
"Vicious Dog" means a dog that, without justification, attacks a person and causes serious physical injury or death or any individual dog that has been found to be a "dangerous dog" upon 3 separate occasions.
Section 2. Section 13.05 of Chapter 13 is hereby deleted and repealed in its entirety.
Section 3. Chapter 13, Dogs and other Animals is hereby amended by adding thereto Section 13.05 as follows:
"13.05 Actions with regard to Dangerous or Vicious Dogs-Confined/At Large Dogs.
"No confined dog shall be declared dangerous or vicious except upon the determination by a licensed veterinarian. If a confined dog is so declared dangerous or vicious, the owner or custodian of such dog shall immediately provide extraordinary precautions such as muzzles, chains, cages and waming signs, as may be required by the Chief of Police or other duly authorized officer in the absence of the Chief of Police.
Any dog at large which by its actions is deemed by the Chief of Police (or other duly authorized officer in the absence of the Chief of Police) to be dangerous or vicious and cannot be safely taken up and impounded, may be slain by a member of the Police Department. It shall be the duty of the Police Department to forthwith deliver the head of such slain dog to the State Department of Public Health or such other state or county department as authorized by state law.'
Section 4. All other provisions of Cha 13. DOGS AND OTHER ANIMALS
That all other provisions contained in Chapter 13, DOGS AND OTHER
ANIMALS, do and shall remain in full force and effect.
Section 5. Severability. The provisions and sections of this ordinance shall be deemed separable and the invalidity of any portion of this ordinance shall not affect the validity of the remainder.
Section 6. Urgency for Passage That the revisions contained herein shall be in full force and effect from and after its passage, approval, and publication in booklet (pamphlet) form, in accordance with the laws of the State of Illinois.
Passed by the Board of Trustees of the Village of Colfax, McLean County, Illinois, this 4th day of August, 2008.
AYES: Donna Poppe; Bruce Green; Carol Stephenson; Rick Wagoner
NAYS: -0-
ABSENT: Dennis Farney; Lonnie Meiner
signature on file
Clerk, Village of Colfax
Approved by me this 4th day of August, 2008:
signature on file
Mayor (President of the Board), Village of Colfax
Attested and filed in my office this 4th day of August, 2008.
signature on file
Village Clerk
CERTIFICATION OF ORDINANCE
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the foregoing Ordinance constitutes a true and correct copy of said Ordinance, passed, approved, and published on the 4th day of AUGUST, 2008.
I do further certify that said Ordinance has been placed in the permanent records of said Village where it now appears and remains in the Book of Minutes.
In Witness whereof, I have hereunto set my hand and seal of the Village of Colfax, McLean County, Illinois, this 4th day of August, 2008.
signature on file
Nancy Kiper, Clerk of the Village of Colfax
McLean County, Illinois
CERTIFICATION OF ORDINANCE PUBLISHED IN PAMPHLET FORM
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, certify that I am the duly elected and acting municipal clerk of the Village of Colfax, McLean County, illinois and I fUrther certi& that on AUGUST 4,2008, the Corporate Authorities of such municipality passed and approved Ordinance No. 2008-_, entitled " ORDINANCE AMENDING CHAPTER 13, DOGS AND OTHER ANIMALS OF THE VILLAGE OF COLFAX MUNICIPAL CODE" which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2008.04 (including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on August 4, 2008, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.
Dated at Colfax, Illinois, this 4th day of August, 2008.
signature on file
(SEAL)
AN ORDINANCE REPEALING CHAPTER 13 IN ITS ENTIRETY AND
AMENDING THE COLFAX MUNICIPAL CODE BY ADDING A NEW
CHAPTER 13 ENTITLED "DOGS AND OTHER ANIMALS"
WHEREAS, the President and the Board of Trustees of the Village of Colfax have filly considered the value of and need for the substantial revision of Chapter 13 (DOGS AND OTHER ANIMALS) of the Colfax Municipal Code and have determined that said Chapter 13 of the Colfax Municipal Code as originally passed, approved and published
on January 5, 1976 and as subsequently amended on August 1, 1983 should be rescinded, deleted and repealed in full and that the Colfax Municipal Code should be revised by amendment thereto of a new Chapter 13 (DOGS AND OTHER ANIMALS) as set forth hereinafter;
WHEREAS, the President and the Board of Trustees of the Village of Colfax find, agree and hold the opinion that the office of Animal Control Officer should be created as set forth hereinafter; and
WHEREAS, the President and the Board of Trustees of the Village of Colfax have reviewed, considered and determined that the Village of Colfax should enter into an animal control intergovernmental agreement with the McLean County Board of Health
having recognized the need to provide quality shelter for dogs or other animals subject to impoundment as provided by the State Animal Control Act, ordinances enacted by the County of McLean pursuant to said Act, and ordinances enacted by the Village of Colfax.
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES
OF THE VILLAGE OF COLFAX, ILLINOIS that Chapter 13 of the Colfax Municipal Code as originally passed, approved and published on January 5, 1976 and as
subsequently amended should be repealed in its entirety and that the Colfax Municipal Code should be revised by amendment thereto by adding a new Chapter 13 (DOGS AND OTHER ANIMALS) as set forth hereinafter:
CHAPTER 13
DOGS AND OTHER ANIMALS
SECTION 13.1 CRUELTY AND ABANDONMENT It shall be unlawful for any person to cruelly treat any animal in the Village of Colfax (hereinafter referred at times as "Village") in any way. It shall be unlawful for any person shall inhumanely beat, underfeed, overload or abandon any animal in the Village of Colfax.
SECTION 13.2 DANGEROUS ANIMALS It shall be unlawful to permit any dangerous animal or vicious animal of any kind to run at large within the Village of Colfax. Exhibitions or parades of animals which are ferae naturca in the eyes of the law may be conducted only pursuant to a permit issued by the President (Mayor) with the advice and consent of the Board of Trustees.
SECTION 13.3 NOISES It shall be unlawful for harbor or keep any animal which disturbs the peace by loud noises at any time of the day or night.
SECTION 13.4 STRAYS. It shall be unlawful to permit any dog, cat, cattle, horse, swine, sheep, goats or poultry to run at large in the Village of Colfax. Any such animal running at large in any public place in the Village of Colfax shall be impounded in the manner provided in the following article. It shall further be unlawful to picket or tie any such animal in any of the streets of the Village of Colfax for the purpose of grazing or feeding.
SECTION 13.5 KILLING DANGEROUS ANIMALS. The members of the Police Department, the Animal Control Officer or any other person authorized by the Village of Colfax are hereby authorized to kill any dangerous animals of any kind when it is necessary for the protection of any person or property.
SECTION 13.6 DISEASED ANIMALS. No domestic animal afflicted with any contagious disease or infectious disease shall be allowed to run at large, or to be exposed in any public place whereby the health of man or beast may be affected; nor shall such diseased animal be shipped or removed from the premises of the owner thereof, except as provided by State law.
SECTION 13.7 HOUSING. No person shall cause or allow any stable or place where an animal is or may be kept to become unclean or unwholesome and it shall be unlawful to keep, propagate or culture any live swine or pigs, cattle, sheep, horses, pigeons, poultry or any form of livestock in the Village.
SECTION 13.8 DISRUPTION OF GARBAGE. It shall be unlawful for any animal to tear up, break into, or disrupt any container which holds garbage, trash, or debris. The owner of every animal shall be responsible for the behavior of his/her animal under the provisions of this ordinance.
SECTION 13.9 RABIES, INOCULATION, AND TAG
A. Inoculation Against Rabies. It shall be the duty of every owner who keeps, harbors, or otherwise maintains a dog or cat more than four months of age in the Village to have the same inoculated against rabies by a licensed
veterinarian. Dogs must have a valid rabies certificate according to the
laws of the State of Illinois. For dogs, the type and brand of the anti-rabies vaccine used and the method of inoculation shall be in accordance with
and evidenced by a rabies tag specified by the applicable laws of the State of Illinois. Any dog or cat which is not inoculated against rabies as required herein is hereby declared to be a public nuisance, and such dqg or cat may be apprehended and impounded.
B. Collar and Tag. Every owner shall provide each dog more than four months of age kept, harbored, or otherwise maintained by him in the Village with a sturdy collar to which the aforesaid rabies tag shall be securely fastened, and it shall be the owner's duty to make certain that the collar and tag are worn at all times by the dog when off the owner's premises.
C. Unauthorized Removal of Tag. It shall be unlawful for any person, other than a police official, Animal Control Officer, or other person charged with the enforcement of this Ordinance, to remove a rabies tag from any dog without the owner or his agent's consent.
SECTION 13.10 RUNNING AT LARGE
A Running At Large means off the premises of the owner and not under physical restraint by means of a leash, cord, or chain, or confined by means of a secure enclosure. It shall be unlawful to permit to run at large any dog or cat on the streets, parks, or public ways of the Village, or on private propcrty where the owner or person in control of the private property has not granted permission for the dog or cat to be on the private property. If any dog or cat shall be found running at large upon public property or upon the private premises of any person other than the owner or keeper of such dog or cat, the owner or keeper of such dog or cat shall be deemed guilty of violation of this Section. The provisions of this Section shall not apply to dogs leading blind persons, or to dogs or eats exhibited at dog, cat, or pet shows or dog training schools, or dogs belonging to a law enforcement agency being used for law enforcement purposes. A violation of this section shall be considered an absolute liability offense.
B. Impoundment. Any dog or eat which runs at large is hereby declared to be a public nuisance and such dog or cat may be apprehended and impounded if found running at large by any police officer, animal control officer (warden), or other person authorized by the Village.
SECTION 13.11 DANGEROUS DOGS. Any dangerous or vicious dogs shall be confined by the owner at all times in such a manner that it cannot reach persons who may have occasion to lawfully enter upon said premises. Any dangerous or vicious dog shall be leashed and muzzled at all times when not confined.
A dangerous dog means any dog which in an aggressive or terrorizing manner pproaches any person in an apparent attitude of attack on any street, sidewalk or public property or private property other than the property of the owner of the dog.
A vicious dog means:
A. Any dog that, when unprovoked, bites a human being while on public or private property; or -
B Any dog which displays a propensity, tendency, or disposition to attack without provocation any human being in such a manner as to endanger a person; or
C. Any dog which has been found to be a dangerous dog on three separate occasions.
No dog shall be deemed dangerous or 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 performing in the line of duty as a professionally trained dog for law enforcement duties.
SECTION 13.12 ANIMAL BITES It shall be the duty of the owner of any animal to prevent such animal from biting or attacking any person in the Village, and, if a person is bitten by an animal, he shall report the incident to the Police Department or Animal Control Officer immediately.
Any animal which may unprovokedly bite or attack any person in the Village is hereby declared to be a public nuisance and such animal may be apprehended by a police officer or Village Animal Control Officer.
If any owner has notice that his animal has bitten any person, it shall be unlawful for such owner to kill such animal, or sell or give such animal away, or to permit or allow such animal to be taken beyond the limits of the Village except to a licensed veterinary hospital, but it shall be the duty of such owner to immediately report the incident to the Police Department or the Village Animal Control Officer, and to immediately place such animal in a licensed veterinary hospital where such animal may be quarantined for a period of at least ten days upon the request of any police officer or the Village Animal Control Officer. The owner shall immediately furnish the Police Department or the Village Animal Control Officer with the name and location of said hospital and a certificate of a licensed veterinarian stating whether or not such animal shows symptoms of rabies. At the expiration of the quarantine period, and prior to the release of such animal, the owner shall furnish the Police Department or the Village Animal Control Officer with a certificate of a licensed veterinarian stating that such animal does not have rabies. All costs of maintaining animal in the veterinary hospital shall be the obligation and responsibility of the owner and shall be paid by said owner.
In all cases where any animal has bitten a person and is slain or dies within ten days from the time of the bite, it shall be the duty of the person slaying such animal and the owner of such animal to notify the Police Department or the Village Animal Control Officer and to immediately deliver the carcass of such animal intact to such Department, or cause the same to be done.
SECTION 13.13 DISTURBING QUIET AND DAMAGING PROPERTY It shall be unlawful for an owner to keep, harbor or otherwise maintain a dog in the Village which shall disturb the quiet of any person or neighborhood, or which shall attack any person, or which shall cause danger or fear to any person or neighborhood.
SECTION 13.14 SANITATION It shall be unlawful for the owner or person in control of any dog to permit such animal to deposit dung on any public street, alley, parkway or other public place or on any private property without the consent of the owner of the property. It shall be an affirmative defense that the dung was immediately picked up and properly disposed oil It shall be unlawful for the owner of any premises to permit dung to accumulate on property such that it causes noxious odors or flies to accumulate.
SECTION 13.15 FEMALE DOG IN HEAT The owner of a female dog in heat shall not keep, harbor or otherwise maintain such dog in the Village unless the same is confined in a kennel or veterinary hospital or in an enclosed building on the owner's property during the entire period such dog is in heat. Any female dog in heat which is not confined is hereby declared to be a public nuisance and may be apprehended and impounded upon the order of the Chief of Police or the Village Animal Control Officer.
SECTION 13.16 RABIES Any dog, cat, or other animal suffering from rabies is hereby declared to be a public nuisance and such dog, cat, or other animal may be slain by any police officer or Animal Control Officer, if the same cannot be safely apprehended
and impounded. It shall be the duty of any person keeping, harboring or otherwise maintaining any such dog, cat, or other animal to place it immediately in a veterinary hospital, or upon demand, to surrender such dog, cat, or other animal to any police officer of the Village or the Village Animal Control Officer.
It shall be the duty of every person who discovers that any dog, cat or other animal is suffering with rabies or that any dog, cat, or other animal has been bitten by a dog, cat, or other animal suffering with rabies to report such fact immediately to the Police
Department or the Village Animal Control Officer. Such report shall give the name, if known, and the place of residence of the person keeping, harboring or otherwise maintaining any such dog or other animal, the place where the same can be found, and the license number of any dog, if known. Any such dog or other animal shall be immediately confined in a veterinary hospital, or taken up and impounded and securely kept until it can be determined whether any such dog, cat, or other animal is suffering with rabies.
SECTION 13.17 UNLAWFUL TREATMENT OF ANIMALS It shall be unlawful for any person to maliciously shoot, poison, kill, injure, abuse or ill-treat any animal. Any person who kills or injures a dog or cat while driving a vehicle shall stop at the scene of the accident and render such assistance as practicable and shall immediately report the incident to the Police Department or the Village Animal Control Officer.
SECTION 13.18 HINDERING ENFORCEMENT It shall be unlawtW to hinder or molest any police officer, or the Village Animal Control Officer, or other person or corporation engaged in the enforcement of this Ordinance.
SECTION 13.19 EXCEPTIONS The provisions of this article shall not apply to dogs or cats receiving treatment or temporary care in a veterinary hospital, boarding kennels or pet shops.
SECTION 13.20 ENFORCEMENT The Chief of Police and the Village Animal Control Officer are hereby authorized and directed to enforce this Ordinance. The Village Board of Trustees may, from time to time, and upon such terms and conditions as it deems proper, contract with any qualified person or corporation, and may, pursuant to said contract, provide said person or corporation with the power to enforce the provisions of this ordinance. In the absence of the appointment by the Village Board of Trustees of any other person or company as poundmaster, the Village Animal Control Officer shall be the poundmaster, and the Chief of Police and the other members of the Police Department shall assist him in carrying out the provisions of this Ordinance.
SECTION 13.21 APPOINTMENT OF Animal Control Officer The Village Board of Trustees may, from time to time, and upon such terms and conditions as it deems proper, contract with any qualified person, firm or corporation, and the President (Mayor), by and with the advice and consent of the Board of Trustees, may appoint such person, firm or corporation as the Village Animal Control Officer and he shall be ex officio poundmaster of and for the Village.
SECTION 13.22 TRAPPING STRAY OR WILD ANIMALS
A. No person shall set a trap with the intention of capturing a cat or dog in the Village of Colfax except under the following circumstances:
1. The Village Prcsident or his designee has determined that a nuisance situation exists, and;
2. The Village President or his designee has authorized the trap; and
3. Notice has been sent either in writing at least five days in advance of thc placement of the trap to the property owners abutting the property upon which the trap is to be placed, or a sign is placed in front of the property where the trap is to be placed five days in advance of the placement indicating that a trap will be set.
B. The foregoing shall not apply in the following situations:
I. To authorized persons attempting to catch suspected rabid,
dangerous or vicious animals, or animals which may be injured and in need of veterinary treatment.
2. To authorized not-for-profit associations engaging in trap-neuter- release programs in situations where those programs to not create or further a nuisance in the Village of Colfax.
3. In emergency situations where the trapping of cats or dogs is needed to protect the health and safety of the public or its pets as determined by the Village President or his designee.
C. No person shall disturb any trap or release any animal from any trap placed pursuant to this Section.
SECTION 13.23 IMPOUNDMENT PRACTICES
A. Record of Impoundment Immediately after receiving an animal for impounding, the Animal Control Officer, or his designee, shall record a description of the animal impounded, the date of the impoundment and whether such animal has a proper rabies tag.
B. Search for Record Owner. The Animal Control Officer shall upon receiving an animal for impoundment inspect the animal for a rabies tag, microchip, or other tag indicating the owner of the animal.
C. Notice of Impoundment. The Animal Control Officer shall send written notice to a known owner within two business days of receiving an animal for impoundment informing the known owner of any animal being held by the Animal Control Officer.
D. Fees. The owner of any impounded dog may redeem the animal by paying a Village of Colfax release fee of $25.00, and all fees required by the impoundment facility. The owner of any impounded cat or other animal except a dog may redeem the cat or other animal by paying all fees required by the impoundment facility.
E. Required Inoculations. No dog or cat shall be released from impoundment until proof of all required rabies inoculations have been presented.
F Post-impoundment Hearing. An owner of any animal impounded pursuant to this ordinance may request a hearing before the Village President, or his designee, regarding the authority of the impoundment facility to impound the animal. The hearing shall take place within five business days of tl request for hearing. The Village President, or his designee, may order the animal released from impoundment, with or without payment of any fees, or held in compliance with this ordinance. At any hearing pursuant to this Section, the Village President or his designee may consider hearsay evidence, including, but not limited to, reports ofanimaLcontrol officers. Upon request for a hearing, the Village President or his designee shall immediately give notice to the Animal Control Officer. No animal may be disposed of untU seven (7) days after the decision of the Village President or his designee.
G. Disposition of Unredeemed Animals. Animals not redeemed by the owner or any other person are hereby declared a public nuisance. Animals for which the impoundment facility has determined an owner may be disposed of in accordance with the provisions of State law seven (7) business days after notice has been sent to the owner. Animals for which the impoundment facility has not been able to determine an owner may be disposed of in accordance with State law three (3) business days after the animal was received by the impoundment facility. The Animal Control Officer shall make reasonable efforts to find adoptive homes for unredeemed animals prior to disposing of the animals.
SECTION 13.24 NUMBER OF ANIMALS It shall be unlawful for any person to own, keep, harbor or possess more than two dogs or more than two cats or more than two of any species of animal in any onc dwelling unit or the premises surrounding a dwelling unit. It shall be unlawful for the owner of any premises to permit any person to own, keep, harbor, or possess more than two dogs or more than two cats or more than two of any species of animal in any one dwelling unit or the premises surrounding a dwelling unit. The foregoing shall not apply to animals less than six (6) months of age.
SECTION 13.25 PENALTY. Any person convicted of any violation of the provisions of this Ordinance where to other penalty is provided, shall be fined not less than $50.00 nor more than $500.00. Each day that any such violation or failure continues shall be considered as a separate and distinct offense and shall be punishable as such.
SECTION 13.26 ANIMAL CONTROL INTERGOVERNMENTAL AGREEMENT
Authorization is hereby granted to the President (Mayor) to enter into and to execute on the behalf of the Village of Colfax an animal control intergovernmental agreement with the McLean County Board of Uealth to provide quality shelter for dogs or other animals subject to impoundment as provided by the State Animal Control Act, ordinances enacted by the County of McLean pursuant to said Act, and ordinances enacted by the Village of Colfax. A copy of said animal control intergoveniinental agreement is attached hereto and made a part hereof.
SECTION 13.27 EFFECTIVE DATE That this Ordinance, due to urgency in implementing policies and procedures for the protection of the public and animal welfare, and to provide for quality shelter for dogs or other animals subject to impoundment as provided by the State Animal Control Act, ordinances enacted by the County of McLean pursuant to said Act, and ordinances enacted by the Village of Colfax, shall be in flail force and effect from and after its passage and approval, in booklet (pamphlet) form, according to the laws of the State of llilinois.
AYES: Laurence Baker; Barton Rigsby; Gary Milton; Carol Stephenson; Jack Messamore; Rick Wagoner
NAYS: -0-
ABSENT: -0-
APPROVED:
signature on file
President, Board of Trustees
ATTEST:
signature on file
Village of Clerk
PASSED by the President and the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 10th day of January, 2005.
APPROVED by the President of the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 10th day of January, 2005.
CERTIFICATION OF ORDINANCE
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the foregoing Ordinance constitutes a true and correct copy ol said Ordinance, passed, approved, and published on the 10th day of January, 2005.
I do further certify that said Ordinance has been placed in the permanent records of said Village where it now appears and remains in the Book of Minutes.
In Witness whereof, I have hereunto set my hand and seal of the Village of Colfax, McLean County, Illinois, this 10th day of January, 2005.
signature on file
Nancy Kiper, Clerk of the Village of Colfax
McLean County, Illinois
CERTIFICATION OF ORDINANCE PUBLISHED IN PAMPHLET FORM
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, certify that I am the duly elected and acting municipal clerk of the Village of Colfax, McLean County, Illinois.
I further certify that on Jaiiuary 10, 2005, the Corporate Authorities of such municipality passed and approved Ordinance No. 2005-1, entitled "AN ORDINANCE REPEALING CHAPTER 13 IN ITS ENTIRETY AND AMENDING THE COLFAX MUNICIPAL CODE BY ADDING A NEW CHAPTER 13 ENTITLED "DOGS AND OTHER ANIMALS", which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2005-1, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on January 5, 2005, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.
Dated at Colfax, Illinois, this 10th day of January, 2005.
signature on file
Municipal Clerk, Village of Colfax
ANIMAL CONTROL
INTERGOVERNMENTAL AGREEMENT
This AGREEMENT made this 1st day of January. 2005 by and between the McLEAN COUNTY BOARD OF HEALTH, the governing body of the McLean County Health Depasiment located in the city of Bloomington, Illinois hereinafter called the BOARD OF HEALTH and Colfax, a municipal corporation located In the State of Illinois hereinafter called the MUNICIPALITY.
WHEREAS, there is a need to provide quality shelter for dogs or other animals subject to impoundment as provided by the State Animal Control Act, ordinances enacted by the County of McLean pursuant to said Act, and ordinances of the MUNICIPALITY; and,
WHEREAS, the BOARD OF HEALTH has the capacity to provide such services through allowing access to Its Animal Control Center during regularly scheduled business hours; and, WHEREAS, the MUNICIPALITY wishes to purchase quality shelter for dogs or cats subject to Impoundment collected within its jurisdictional boundaries; and,
WHEREAS, the BOARD OF HEALTH wishes to provide such services to the MUNICIPALITY through this Agreement;
IT IS THEREFORE AGREED AS FOLLOWS:
1. The parties enter Into this Agreement for the period 1/1/2005 through 12/31/2005 as follows:
a. The BOARD OF HEALTH agrees to provide accees to Its Animal Control Center during regularly scheduled business hours to a representative of the
MUNICIPALITY.
b. The BOARD OF HEALTH agrees to provide shelter to dogs or cats subject to Impoundment and placed in hnpoundment by the MUNICIPALITY.
2. The MUNICIPALITY agrees to pay to the BOARD OF HEALTH for such services twenty dollars ($20.00) per animal Impounded at the County Animal Control Center, upon Invoke, beginning 1(112005, and continuing throughout the term of this Agreement.
3. The BOARD OF HEALTH agrees to assist the MUN In enforcing its municipal ordinances by reporting the names and addresses of all persons reclaiming animals placed In the animal shelter by a McLean Animal Control Officer or other authorized representative of the MUNICIPALITY.
4. The MUNICIPALITY hereby agrees to provide its officials and employees, with liability insurance for coverage against all claims for personal Injury Including death, Ion and damage arising from services perfonned under this AGREEMENT.
5. The BOARD OF HEALTH agrees to procure and maintain a liability insurance policy providing coverage against any and all claims for personal Injury or property daumge arising out of acts, errors, ok omissions of the BOARD OF HEALTH, Its officers, employees, or agents under or pursuant to this Agreement
6. This Agreement may be terminated for any of the following reasons;
a) At the request of the MUNICIPALITY, upon thirty (30) days written notice.
b) At the request of the BOARD OF HEALTH, upon (30) days written notice.
7. It Is understood that the terms of this Agreement Include all of the agreements made by the BOARD OF HEALTH and: the MUNICIPALITY without regard to any oral converasfion. which may have taken place prior to Its execution or subsequent thereto, and that any changes shall be made in writing and agreed to by both parties.
8. If any provision of this Agreement shall be held Invalid or unenforceable, the remainder of this Agreement shall nevertheless remain In full force and effect If any provision Is held invalid or unenforceable wtth respect to a particular circumstance. It shall nevertheless remain in full force and effect in all other circumstances.
Village of Colfax
By: signature on file
President
McLEAN COUNTY BOARD OF HEALTH
By: signature on file
Director
ORDINANCE NO. 2005-5
AN ORDINANCE AMENDING CHAPTER 13 OF THE COLFAX MUNICIPAL CODE, ENTITLED "DOGS AND OTHER ANIMALS", BY MODIFYING CERTAIN PROVISIONS TO CLARIFY APPLICABILITY OF SUCH PROVISIONS TO CATS
PASSED: July 5, 2005
APPROVED: July 5, 2005
EFFECTIVE DATE: July 5,2005
PUBLISHED IN PAMPHLET FORM: July 5,2005
AN ORDINANCE AMENDING CHAPTER 13 OF THE COLFAX MUNICIPAL CODE, ENTITLED "DOGS AND OTHER ANIMALS", BY MODIFYING CERTAIN PROVISIONS TO CLARIFY APPLICABILITY OF SUCH PROVISIONS TO CATS
WHEREAS, the President and the Board of Trustees of the Village of Colfax have fWly considered the existing provisions of Chapter 13 (DOGS AND OTHER ANIMALS) of the Colfax Municipal Code and have determined that said Chapter 13 of the Colfäx Municipal Code as originally passed, approved and published on January 10, 2005 should be amended for the purpose of clarifying the applicability of certain provisions thereof to cats (felines); and
WHEREAS, the President and the Board of Trustees of the Village of Colfax have determined that this Ordinance, due to urgency, should be in full force and effect from and after its passage and approval, in booklet (pamphlet) form, according to the laws of the State of Illinois.
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF Colfax, ILLINOIS that Chapter 13 of the Colfax Municipal Code, DOGS AND OTHER ANIMALS, as originally passed, approved and published on January 10,2005 is hereby by revised by amendment thereto as set forth hereinafter:
1. Section 13.9 B. is hereby deleted in its entirety and a new Section 13.9 B is hereby added to Chapter 13 of the Colfax Municipal Code, as follows:
"Section 13.9 B Collar and Tag. Every owner shall provide each dog or cat more than four months of age kept, harbored, or otherwise maintained by him in the Village with a sturdy collar to which the aforesaid rabies tag shall be securely fastened, and it shall be the owner's duty to make certain that the collar and tag are worn at all times by the dog or cat when off the owner's premises."
2. Section 13.9 C. is hereby deleted in its entirety and a new Section 13.9 C is hereby added to Chapter 13 of the Colfax Municipal Code, as follows:
"Section 13.9 C. Unauthorized Removal of Tag. It shall be unlawful for any person, other than a police official, Animal Control Officer, or other person charged with the enforcement of this Division, to remove a rabies tag from any dog or cat without the owner's or his agent's consent."
3. Section 13.23 D. is hereby deleted in its entirety and a new Section 13.23 D is hereby added to Chapter 13 of the Colfax Municipal Code, as follows:
"Section 13.23 D. Fees The owner of any impounded dog or cat may redeem the animal by paying a Village of Colfax release fee of $25.00, and all fees required by the
impoundment facility. The owner of any other animal except a dog or cat may redeem such other animal by paying all fees required by the impoundment facility."
4. Other provisions of Chapter 13 remain in full force and effect as per Ordinance No. 2005-1 as passed and approved on January 10,2005. All other provisions of Chapter 13 of the Colfax Municipal Code except those sections as modified hereinabove remain in
f force and effect as passed and approved on January 10, 2005.
5. Effective Date. That this Ordinance, due to urgency, shall
be in full force and effect from and after its passage and approval, in booklet (pamphlet) form, according to the laws of the State of illinois.
AYES: Gary Milton; Dennis Farney; Barton Rigsby; Carol Stephenson; Rick Wagoner
NAYS: -0-
ABSENT: Jack Messamore, deceased
APPROVED:
signature on file
President, Board of Trustees
ATTEST:
signature on file
Village Clerk
PASSED by the President and the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 5th day of July, 2005.
APPROVED by the President of the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 5th day of July, 2005.
CERTIFICATION OF ORDINANCE
STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )
I, Nancy Kiper, Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the foregoing Ordinance constitutes a true and correct copy of said Ordinance, passed, approved, and published on the 5th day of July, 2005.
I do further certify that said Ordinance has been placed in the permanent records of said Village when it now appears and remains in the Book of Minutes.
In Witness whereof, I have hereunto set my hand and seal of the Village of Colfax, McLean County, Illinois, this 5th day of July, 2005.
signature on file
Nancy Kiper, Clerk of the Village of Colfax,
McLean County, Illinois
CERTIFICATION OF ORDINANCE PUBLISHED IN PAMPHLET FORM
STATE OF ILLINOIS )
)SS
COUNTY OF MCLEAN )
I, Nancy Kiper, certiffy that I am the duly elected and acting municipal clerk of the Village of Colfax, McLean County, Illinois.
I further certify that on July 5, 2005, the Corporate Authorities of such municipality passed and approved Ordinance No. 2005-5 entitled "AN ORDINANCE AMENDING CHAPTER 13 OF THE COLFAX MUNICIPAL CODE, ENTITLED "DOGS AN) OTHER ANIMALS", BY MODIFYING CERTAIN PROVISIONS TO CLARIFY APPLICABILITY OF SUCH PRO VISIONS TO CATS ", which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2005-5 including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on July 5, 2005, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.
Dated at Colfax, Illinois, this 5th day of July, 2005.
signature on file
Municipal Clerk, Village of Colfax
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