Chapter 4
DOGS AND DOMESTIC ANIMALSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13522
6-4-1: DEFINITIONS:
6-4-2: RUNNING AT LARGE:
6-4-3: DISTURBANCES:
6-4-4: INOCULATION:
6-4-5: AVOIDANCE OF ATTACKS:
6-4-6: IMPOUNDING:
6-4-7: RESISTING OFFICER:
6-4-8: ANIMAL EXCREMENT:
6-4-9: ABATEMENT OF ANIMALS CONSTITUTING PUBLIC NUISANCES:
6-4-10: PENALTIES:

6-4-1: DEFINITIONS:linklink


As used in this chapter:

DOG: Any member of the animal species Canis familiaris six (6) months or more in age.

DOMESTIC ANIMAL: Animal or fowl of any type maintained as a household pet or guardian and includes, but is not limited to, dogs, cats, and other types of animals or fowl normally maintained as a household pet or guardian and any other domesticated sheep, horses, cattle, goats, swine (including potbellied pigs), fowl, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants and other birds and animals raised and/or maintained in confinement.

K-9: Any dog that is owned, contracted, or requested by a governmental agency for the purposes of law enforcement, search, rescue or other use.

SERVICE ANIMAL: Includes any animal trained in obedience and task skills to meet the needs of a person with a disability.

VICIOUS ANIMAL: Any animal, domestic or wild, known to have attacked a person or a domestic animal where he or it may lawfully be at any time without provocation, or any animal that bites or otherwise injures a human or domestic animal. (Ord. 10-49, 6-15-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13522#s613706
6-4-2: RUNNING AT LARGE:linklink


(A) At Large Restrictions: No owner of a domestic animal shall permit or allow that domestic animal to be at large in any public area or on any private property, including the property of the owner, unless effectively restrained as provided herein.


(B) Public Area Restraint:

1. No domestic animal shall be on any public area within the village unless restrained by a leash and controlled and restrained by a person of sufficient strength to control and restrain that domestic animal by leash. The leash required by this subsection shall not be longer than six feet (6') and shall be of a size and strength sufficient to control the size and strength of the domestic animal to which it is attached.

2. Upon the approach of another pedestrian, the owner of a domestic animal shall bring the domestic animal to heel such that half the available public way is free for use by the other pedestrian.


(C) Private Property Restraint:

1. Unenclosed Area: No domestic animal shall be on an unenclosed area of any private property outside the principal building unless:

(a) A person who can and does effectively control that domestic animal is immediately and physically present in the same unenclosed area; or

(b) The domestic animal is tethered so as to effectively prevent the domestic animal from leaving the unenclosed area.

2. Enclosed Area: Enclosed area on private property is that area outside the principal building which is entirely enclosed by fencing which effectively prevents the domestic animal(s) within the enclosed area from leaving the enclosed area. The fencing may be traditional, electronic or radio controlled. In the event that a domestic animal leaves the enclosed area to private property of another without being restrained by a leash, as provided in subsection (B) of this section, the owner shall be in violation of this subsection.


(D) Ineffective Restraint:

1. In the event that a domestic animal leaves an enclosed or unenclosed area of private property to a public area or private property of another without being restrained by a leash, as provided in subsection (B) of this section, it shall be presumed that the provided fencing, human control or tethering device was not effective, and that domestic animal shall not be permitted in the enclosed or unenclosed area, unless restrained by a leash, as provided in subsection (B) of this section, until such enclosed area or tethering device is modified or repaired to make it effective and evidence of such modification or repair is delivered to the chief of police at the police department and verified by inspection of the chief's designee.

2. In the event that a domestic animal leaves an unenclosed area to a public area or private property of another while under a person's immediate personal presence, then such immediate personal presence shall be presumed to be insufficient and that domestic animal shall thereafter be controlled by a leash or tethering device when on an unenclosed area.

3. In the event that a domestic animal leaves an enclosed or unenclosed area of private property to a public area or private property of another without being restrained by a leash, as provided in subsection (B) of this section, on three (3) occasions within twelve (12) consecutive months, that domestic animal shall only be permitted outside the principal building when restrained by a leash, as provided in subsection (B) of this section.


(E) K-9 Units And Service Animals: The leash control requirements and the location prohibitions of this section shall not apply to any dog which is part of a K-9 unit or to any service animal, provided that such dog or service animal is performing its intended duties. (Ord. 10-49, 6-15-2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13522#s613707
6-4-3: DISTURBANCES:linklink

It shall be unlawful for the owner or person in charge or control of any animal, or for any person who has the authority or power to prevent the same, to suffer or permit such animal to bark, howl or cry or make other distressing or loud or unusual noise or to disturb the peace or quiet of any place or neighborhood, family or person in the village. The disturbing of the peace or quiet of such place or neighborhood or family or person in said village, by any such animal, is hereby declared to be a public nuisance, and upon complaint being made to the Oswego police department of such disturbance, shall, upon being satisfied of the trust of such complaint, notify the owner or occupant of the premises on which such dog may be kept, and the person so notified shall, within the twenty four (24) hours, next following the receipt of such notice, abate such nuisance. (Ord. 10-49, 6-15-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13522#s613708
6-4-4: INOCULATION:linklink

It shall be unlawful to permit any dog which is not on a leash, under control or muzzled to be on any public street, parkway, sidewalk, park, in any store or place of public gathering or in any place in the village other than in an enclosed area unless such dog is current on all required vaccinations including rabies all administered by a licensed veterinarian. (Ord. 10-49, 6-15-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13522#s613709
6-4-5: AVOIDANCE OF ATTACKS:linklink


(A) It shall be the duty of the owner or person having custody of any dog which bites any human being or other domestic animal to keep such dog locked up in an enclosure for a period of two (2) weeks following the time the dog has bitten a person; and to have the dog examined by a physician or licensed veterinarian at the commencement and termination of this two (2) week period. If such dog during this period, shall die or shall show definite signs of illness, it shall be the duty of such owner or person having custody of the dog to turn the dog over to the Kendall County animal control officer so that it can be determined whether or not the dog had or has rabies.


(B) No person shall own, harbor, keep or be in charge of any dog, cat or other animal which has been declared vicious by the local health or police authorities, or to permit such dog, cat, or other animal to be upon a public street or highway, or upon any premises other than those of the person owning such dog, cat or other animal or those of a person who has given permission to said owner to keep or harbor such dog, cat or other animal on his or her premises unless such dog, cat or other animal wears a muzzle securely fastened about its mouth in such a manner that it cannot bite, and unless it is on a leash, tether, chain, rope or the like, the overall length of which, including the hand grip, shall not exceed six feet (6'), held and controlled by the animal's owner or another person able to control such dog, cat or other animal. While on the premises of the owner, such dog, cat or other animal shall not be allowed to come in contact with any person who is not a member of the immediate household. (Ord. 10-49, 6-15-2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13522#s613710
6-4-6: IMPOUNDING:linklink


(A) Impoundment And Disposal Of Dogs: Any dog found upon any public street or highway running at large shall be impounded by the Kendall County animal control officer. If such dog shall not have been redeemed within five (5) days after being impounded, it shall be disposed of in the manner prescribed by the Kendall County animal control officer.


(B) Liability Of Police Department And Officers: In the enforcement provisions of this chapter, no member of the police department or any other authorized person shall be held responsible for any accident or disease that may happen to any dog, cat or other animal. (Ord. 10-49, 6-15-2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13522#s613711
6-4-7: RESISTING OFFICER:linklink

It shall be unlawful for any person to molest, resist, interfere with, hinder or prevent any officer or person in the discharge of the duties or powers conferred upon them by this chapter. (Ord. 10-49, 6-15-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13522#s613712
6-4-8: ANIMAL EXCREMENT:linklink

All animal excrement deposited outside the owner's property shall immediately be removed and disposed of properly by the individual in custody of the animal. (Ord. 10-49, 6-15-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13522#s613713
6-4-9: ABATEMENT OF ANIMALS CONSTITUTING PUBLIC NUISANCES:linklink

Any vicious animal constituting a public nuisance as provided in this chapter shall be abated, destroyed or removed from the village, by the owner or by the police department, upon conviction of three (3) citations, either by a court or hearing officer authorized by section 1-4-3 of this code and an absence of a finding that the owner will be able to provide restraints to protect the public. The police department shall notify and direct the owner of said vicious animal to abate, destroy or remove the same from the village within ninety six (96) hours from the date of notice. If such vicious animal is found to be within the confines of the village after ninety six (96) hours have elapsed from the date of notice, said animal shall be destroyed or removed by the police department. (Ord. 10-49, 6-15-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13522#s613714
6-4-10: PENALTIES:linklink

Any person found liable/guilty by a preponderance of the evidence of a violation of this chapter in an administrative/judicial hearing is subject to a class II violation, except violations of subsection 6-4-2(D)3 of this chapter which is a class IV violation as provided in subsection 1-4-3(G) of this code; and section 6-4-8 of this chapter which is a class I violation. (Ord. 10-49, 6-15-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=13522#s613715