Code Table of Contents
ANIMALS
CHAPTERS
6.04 Dogs
Chapter 6.04 DOGS
Sections:
6.04.010 Definitions.
6.04.020 Licenses.
6.04.030 Immunization.
6.04.040 Violation.
6.04.050 Violation- Enforcement.
6.04.060 Violation- Penalties and dispositions.
6.04.070 Collection of fines and costs.
6.04.010 Definitions.
As used in this chapter:
"Good Samaritan". To encourage all citizens to aid and protect animals in
distress, the taking in and caring for a dog in distress will not confer ownership
of the dog; providing, that notice is given to the city of Elgin within three
business days that a stray animal is being cared for and arrangements for
disposition are made within ten (10) days.
"Noise" associated with dogs under this chapter means frequent or
prolonged barking, howling, baying, yelping or whining that is audible to persons
beyond the private property boundary of the owner of the dog which includes
a vehicle if the dog is being transported in or on a vehicle.
"Notice of Propensity for Aggressiveness". The owner of a dog has notice of
that animal's propensity for aggressiveness if:
1. The owner has personally observed any behavior by the dog that is
defined by this chapter as a propensity for aggressiveness;
2. The owner has been personally informed by any other person, either
in writing or orally, that the dog has displayed behavior defined by this chapter
as a propensity for aggressiveness.
The "owner" of a dog means the person or persons who have taken
responsibility for the welfare of the animal by providing a place for the animal
to live, and food and water to sustain the animal. Ownership may arise by
purchase, gift, adoption or simply allowing a stray animal to take up residence.
"Propensity for Aggressiveness". A dog displays a propensity for
aggressiveness if it:
1. Attacks a person by biting or mauling;
2. Attacks other dogs without provocation;
3. When approached by a person, does any of the following: snarls,
growls, displays bared fangs, lays back ears or raises hackles.
"Public property and places" means all of the street rights-of-way, public
parks and grounds, schools and business property normally open to the public.
(Ord. 5-1995 par 2 (Art. 1))
6.04.020 Licenses.
A. All owners within the city of Elgin shall be required to maintain a
current city dog license on each and every dog they own.
B. A valid license tag shall be attached to a dog anytime it is in a
public place or in or on a vehicle in a public place.
C. To encourage owners to help in the control of unwanted pet births,
the city of Elgin shall offer a reduced license fee for all neutered dogs.
D. Dog licenses shall be issued on a calendar year basis, expiring on
December 31st each year and must be renewed prior to January 31st of the
following year. Citations shall be given for failure to license or renew. (Ord. 5-
1995 par 2 (Art. 2))
6.04.030 Immunization.
A. All owners within the city of Elgin shall be required to maintain a
current proof of vaccination for rabies for each and every dog they own.
B. A valid rabies vaccination tag shall be attached to a dog anytime it
is in a public place or in or on a vehicle in a public place. (Ord. 5-1995 par 2
(Art.3))
6.04.040 Violation.
It shall be a violation of this chapter if:
A. A person or an animal is attacked by a dog where an owner has had
notice of a dog's propensity for aggressiveness and failed to take reasonable
care to warn persons that may come into contact with such dog and/or failed to
take reasonable care to ensure that such dog is properly restrained;
B. A dog is on public property or in a public place and is not on a
leash and under the control of a person physically capable of maintaining control
of the animal, except that a dog may be in or on a vehicle if state or other laws
that regulate the transport of dogs in vehicles are complied with;
C. A dog is permitted to create noise as specified by this chapter;
D. A dog is not licensed and vaccinated as specified by this chapter.
(Ord. 5-1995 par 2 (Art. 4))
6.04.050 Violation- Enforcement.
A. Citations for violation of any provision of this chapter may be
initiated by an officer of the Elgin police department, the city of Elgin ordinance
enforcement officer, or by any person who witnesses a violation.
B. Citations initiated by citizens shall be on a citation form available at
city hall. Such citations will be served on the owner by either the Elgin police
department or an ordinance enforcement officer.
C. All violations of this chapter shall be referred to the municipal court
of the city of Elgin or other court of proper jurisdiction for hearing and
disposition. (Ord. 5-1995 par 2 (Art. 5))
6.04.060 Violation- Penalties and dispositions.
A. Bail.
1. Bail for violation of subsection A of Section 6.04.040 shall be the sum
of five hundred dollars ($500.00).
2. Bail for violation of subsections B, C and D of Section 6.04.040 shall
be the sum of one hundred dollars ($100.00).
B. Fines.
1. If found guilty of violation of subsection A of Section 6.04.040, the
owner shall be fined a minimum of one hundred dollars ($100.00) and a maximum
of five hundred dollars ($500.00).
2. If found guilty of violation of subsection B, C or D of Section
6.04.040, the owner shall be fined a minimum of twenty-five dollars ($25.00) and
a maximum of one hundred dollars ($100.00).
C. Other Dispositions.
1. Immediately upon notification of violation of subsection A of Section
6.04.040, the Elgin police department or the ordinance enforcement officer shall
determine if the person or animal receiving a bite has suffered a wound that
penetrated the skin. If such a wound has occurred, the police officer or the
animal control officer shall determine, if possible, whether or not the biting dog
has a current rabies vaccination. If it does not have a current rabies vaccination
or it cannot be determinated to have such, the dog shall be placed in quarantine
by the owner. If the owner cannot be located, the dog shall be transported by
the ordinance enforcement officer to a suitable veterinary clinic for quarantine
at the owner's expense.
2. To avoid the need for painful rabies treatment of a bite victim, where
the biting dog does not have a current rabies vaccination or it cannot be
determined if it has such a vaccination, upon recommendation of a medical or
veterinary doctor, the biting dog may be euthanized at the owner's expense and
appropriate tests performed to determine if the dog is infected with rabies.
3. Upon a second guilty finding for violations of subsection A of Section
6.04.040, the subject dog may be declared a public menace. The municipal court
or other court of competent jurisdiction may order the owner to remove the dog
from the city or destroy it. If the owner refuses to cooperate, the court may
further order the animal control officer to transport the dog to a veterinary
clinic for euthanasia at the owner's expense.
4. If three or more citations for violation of subsection B or C of
Section 6.04.040 occur within a one-year period, the court may rule that the
subject dog is a public nuisance and order the owner to remove the dog from
the city or destroy it. If the owner refuses to cooperate, the court may further
order that the ordinance enforcement officer transport the dog to a veterinary
clinic for euthanasia at the owner's expense.
5. When a suitable animal shelter is available, all dogs found on public
property or in a public place and not on a leash and under the control of a
person, will be apprehended and transported to such shelter. Anytime that the
dog's owner can be determined, the owner shall be liable for all costs of
transportation and care of the dog. (Ord. 5-1995 par 2 (Art. 6))
6.04.070 Collection of fines and costs.
All fines and costs are civil debts owed to the city of Elgin. Collection of
unpaid fines and costs may be made by lawsuit and levy on wages, bank
accounts and personal property, or by referral to a commercial collection agency,
whichever is determined by the city council to be appropriate. (Ord. 5-1995 par 2
(Art. 7))