ORDINANCE NO. 9787

AN ORDINANCE AMENDING TITLE 6, ANIMALS, OR THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE

WHEREAS, the Village of Buffalo Grove is a Home Rule Unit persuant to the Illinois Constitution of 1970;

NOW THEREFORE BE IT ORDAINED THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:

Section 1, Title 6 of the Village of Buffalo Grove Municipal Code is heregy amended to read as follows:

TITLE 6

ANIMALS

CHAPTER 6.04

GENERAL PROVISIONS

6.04.010 Purpose.

It is the purpose of this Title to protect animals from neglect and abuse, to protect residents from annoyance and and injury by animals, to assure that animal owners are responsible and in control of their animals at all times, to assist in providing housing for animals in the custody of the Village, to cover the cost of licensing and caring for animals and to establish a program to discourage the excessive multiplication of animals.

6.04.020 Definitions.

For the purposes of this Title, the definitions set forth in the Section shall apply:

A. "Animal" means every living creature, domestic or wild, not including human beings.

B. "Animal Contol Center" means a place designated by the Village Police Department for the housing of animals in the temporary custody of the Village.

C. "Dangerous animal" means

(1) Any animal which has inflicted injury on, or has bitten a human being without provocation on public or private propery; or

(2) Any animal which has attacked a domestic animal without provocation while off the owner's property; or

(3) Any individual animal 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

(4) Any individual animal that has a trait or characteristic and a generally known reputation for viciousness, dangerousness or unprovoked attacks on human beings or other animals, unless handled in a particular manner or with special equipment, excluding dogs used as part of a law enforcement program, or

(5) And dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; and

(6) represents a signigicant threat to the health or safety of the public.

Dangerous animals shall not be classified in a manner that is specific in breed.

No dog shall be deemed a dangerous animal if it is a dog owned by a law enforcement agency.

D. "Found to be a dangerous animal" means:

(1) a member of the Police Department has conducted an investigation and made a finding, in writing, that the animal is a dangerous animal as defined in this Section and the owner of the animal having been notified in writing has not appealed the finding of the Police Department to the Hearing Board within five (5) days of mailing of such notice; or

(2) the owner of an animal found to be a dangerous animal by a member of the Police Department has appealed such finding to the Hearing Board within fine (5) days of mailing of such notice and the Hearing Board has sustained the finding of the Police Department; or

(3) the Circuit Court has found the animal to be a dangerous animal as defined in this Section and has entered an order based on that finding; or

(4) the Circuit Court has found the dog to be a vicious dog as defined in the Illinois Animal Control Act and has entered an order based on that finding; or

(5) represents a significant threat to the health or safety of the public

E. "found to be a potentially dangerous animal" means;

(1) a member of the Police Department has conducted an investigation and made a finding, in writing, that the animal is a potentially dangerous animal as defined in this Section and the owner of the animal having been notified in writing has not appealed the finding of the Police Department to te Hearing Board within five (5) days of mailing of such notice; or

(2) the owner of a dog found to be a potentially dangerous dog by a member of the Police Department has appealed such finding to the Hearing Board within five (5) days of mailing of such notice and the Hearing Boad has sustained the finding of the Police Department; or

(3) the Circuit Court has found the animal to be a potentially dangerous animal as defiend in this Section and has entered an order based on that finding; and

(4) may represent a significant threat to the health or safety of the public

F. "Has bitten" means has been seized with the teeth or jaws so that the person seized has been nipped, gripped, wounded or pierced.

G. "Hearing Board". The Village Manager, or a designee of the Village Manager, shall select a board of three (3) individuals which may consist of the Village Manager, or a designee of the Village Manager, the Village Trustee Liaison to the Board of Health and the Village Health Officer.

H. "Owner" means any person who:

(1) Has a right of propery in an animal;

(2) Keeps an animal; or

(3) Has an animal in his or her care, custody or control; or

(4) Knowingly permits an animal to remain on or about any premises occupied by him or her.

I. "Pit Bull Terrier" means the American Pit Bull Terrier breed of dog, the Staffordshire Bull Terrier breed of dog, the American Staffordshire Terrier breed of dog, or any dog exhibitin a majority of the distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or the United Kennel club for any of these breeds.

J. "Potentially dangerous animal" means any animal wich, when unprovoked, chases or appraches a person upon any public or private property in a menacing fashion or apparent attitude of attack and may represent a significant threat to the health or safety of the public.

No dog shall be deemed a potentially dangerous animal if it is a dog owned by a law enforcement agency.

K. "Rottweiler" means the Rottweiler breed of dog, or any dog exhibiting a majority of the distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or the United Kennel Club for the Rottweiler breed of dog.

L. "Run at large" means a dog free of restraint and off the premises of the owner.

M. "Special enclosure" means a structure of at least five (5) feet in height, but no higher thatn six (6) feet in height with secure sides, top and bottom forming or causing and enclosure suitable to prevent the entry of young children, and suitable to confine an animal in conjunction with other measures which may be taken by the owner of keeper. Such enclosure shall be located a minimum of twenty (20) fee from any lot line and shall be securely closed and locked whenever the animal in enclosed within the structure. Such enclosure shall have a self-closing and self-latching gate and shall be securely locked, in a manner that ensures that only authorized persons may open it with a key, code or similar security device and the enclosure shall be so designed, installed and maintained with secure sides, top and bottom designed to prevent the animal from escaping from the enclosure.

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(regular and general procedures are listed in the mainbody of the ordinance ie., licensing, controls, vaccinations, hearings, etc. However I am only replicating the addition of the breed-specific sections)

6.12.125 Rottweilers and Pit Bull Terriers

A. No owner shall permit a Rottweiler, or a Pit Bull Terrier, off of the owner's preme=ises unless it is on a non-retractable leash no longer than six (6) feet in length.

B. No owner shall permit a Rottweiler, or a Pit Bull Terrier, off of the owner's premises except when it is in the care and control of the owner, or a family member, sixteen (16) years of age or older.

C. The owner of a Rottweiler, or a Pit Bull Terrier:

1. Within one (1) year of obtaining a village license thereon, shall be required to install a "special enclosure", or enclose the yard with a fence, and to keep the animal within the "special enclosure", or fence at all times the animal is not within the owner's residence; or

2. Shall keep the animal on a non-retractable leash no longer than six (6) feet inlength and in the care and control of the owner, or a family member, sixteen (16) years of age or older, at all times the animal is not within the owner's residence.

D. A fenced yard shall meet the following requirements:

1. A fenced yard shall be a minimum of five (5) feet in height, and

2. All gates shall be equipped with self-closing and self-latching mechanisms designed to securely close and lock the gate.

E. The owner of a Rottweiler, or a Pit Bull Terrier shall display village approved signage on all entrances to the property. Such sign shall state "Beware of Dog" and shall be displayed in a conspicuous manner.

Section 3: This ordinance shall be effective on December 24, 1997 after its passage, approval and publication. This Ordinance may be published in pamphlet form.


AYES. 4 - RUBIN, BRAIMAN, GLOVER, PRESIDENT MATHIAS

NAYES 3 - MARIENTHAL, REID, HENDRICKS

PASSED: NOVEMBER 3, 1997

APPROVED: NOVEMBER 3, 1997

PUBLISHED: NOVEMBER 4, 1997