Article II: General Regulations
3-2-1 INJURY TO PROPERTY.
(A) Unlawful. It shall be unlawful for any person owning or possessing a dog or cat to permit such dog or cat to go upon any sidewalk, parkway, or private lands or premises without the permission of the owner of such premises and break, bruise, tear up, crush or injure any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever, or to defecate thereon.
(B) Waste Products Accumulations. It shall be unlawful for any person to cause or permit a dog or cat to be on property, public or private, not owned or possessed by such person unless such person has in his immediate possession an appropriate device for scooping excrement and an appropriate depository for the transmission of excrement to a receptacle located upon property owned or possessed by such person. This section shall not apply to a person who is visually or physically handicapped.
3-2-2 MANNER OF KEEPING.
(A) Pens, Yards, or Runs. All pens, yards or runs or other structures wherein any animal is kept shall be of such construction so as to be easily cleaned and kept in good repair.
(B) Fences. Fences which are intended as enclosures for any animal shall be securely constructed, shall be adequate for the purpose, kept in good repair and shall not be allowed to become unsightly.
3-2-3 DOGS AND CATS IN PUBLIC PLACES. No dog or cat shall be permitted in any cemetery. No dog or cat shall be allowed in any parks, beaches, or any swimming areas open to the public in the Village.
3-2-4 KEEPING BARKING DOGS AND CRYING CATS.
(A) Harboring. It shall be unlawful for any person to knowingly keep or harbor any dog which habitually barks, howls, or yelps, or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood, or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to be a public nuisance.
(B) Petitions Complaining of Vicious or Barking Dogs or Crying Cats. Whenever any person shall complain to the Police Department that a dog which habitually barks, howls or yelps or a cat which habitually cries or howls is being kept by any person in the Village, the Police Department shall notify the owner of said dog or cat that a complaint has been received and that the person should take whatever steps are necessary to alleviate the howling, yelping or crying.
3-2-5 CRUELTY TO ANIMALS PROHIBITED.
(A) Cruelty to Animals Prohibited. It shall be unlawful for any person to willfully or maliciously inflict unnecessary or needless cruelty, torture, abuse or cruelly beat, strike or abuse any animal, or by an act, omission or neglect cause or inflict any unnecessary or unjustifiable pain, suffering, injury or death to any animal whether such animal belongs to such person or to another, except that reasonable force may be employed to drive away vicious or trespassing animals. Any unwanted animals should delivered to the County Animal Control Facility for proper disposal.
(B) Food and Shelter. It shall be unlawful for any person in charge of any animal to fail, refuse, or neglect to provide such animal with food, potable water, shade or shelter, or to cruelly or unnecessarily expose any such animal in hot, stormy, cold or inclement weather, or to carry any such animal in or upon any vehicle in a cruel or inhumane manner. As used in this paragraph:
a. “Shade” shall mean protection from the direct rays of the sun during the months of June through September.
b. “Shelter” as it applies to dogs, shall mean a moisture-proof structure of suitable size to accommodate the dog and allow retention of body heat, made of durable material with a solid floor raised at least two inches (2”) from the ground and with the entrance covered by a flexible, wind-proof material. Such structure shall be provided with a sufficient quantity of suitable bedding to provide insulation and protection against cold and dampness.
3-2-6 WILD OR VICIOUS ANIMALS DEFINED.
“VICIOUS ANIMAL” shall mean any animal which has previously attacked or bitten any person or which has behaved in such a manner that the person who harbors said animal knows or should reasonably know that the animal is possessed of tendencies to attack or bite persons.
“WILD ANIMAL” shall mean any live monkey or ape, raccoon, skunk, fox, snake, or other reptile, leopard, panther, tiger, lion, lynx or any other animal or any bird of prey which can normally be found in the wild state.
3-2-7 KEEPING WILD OR VICIOUS ANIMALS.
(A) It shall be unlawful for any person to keep or permit to be kept on his premises any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions, or circuses.
(B) It shall be unlawful for any person to keep or permit to be kept any wild animal as a pet unless a permit is granted by the Department of Natural Resources of the State of Illinois.
(C) It shall be unlawful for any person to harbor or keep a vicious animal within the Village. Any animal which is found off the premises of its owner may be seized by an police officer or humane officer and upon establishment to the satisfaction of any Court of competent jurisdiction of the vicious character of said animal, it may be killed by a police officer or humane officer; provided, however, that this section shall not apply to animals under the control of law enforcement or military agency, nor to animals which are kept for the protection of property, provided that such animals are restrained by a cage, fence or other adequate means form contact with the general public or with persons who enter the premises with the actual or implied permission of the owner or occupant. Any person harboring a vicious animal heretofore defined in Section 3-2-6 solely for the protection of the owner’s property shall restrain the animal with a fence of sufficient height and strength or a cage of sufficient strength, including bottom and top portions to allow no escape. In the event a person who harbors a vicious animal as defined herein after due warning allows such animal to escape from the cage or fence does not immediately comply with said notice fro the Village or its agents, the Village Police Department or the County Humane Officer may seize the animal and impound the same in accordance with the terms and provisions regarding impoundment as provided in this Chapter.
(D) The licensing authority may issue a temporary permit for the keeping, care and protection of any infant animal native to this area which has been deemed to be homeless.
3-2-8 ANIMALS IN VILLAGE.
(A) Certain Prohibitions. Except as otherwise provided in this Chapter, no person shall keep any
- or other livestock
within the Village.
(B) Exceptions. This Chapter shall not apply to areas of the Village that are agricultural in nature, nor shall this Chapter apply to livestock brought into the Village for the purpose of being shipped out of the Village.
(C) Powers of the Health Commissioner. The Mayor shall have the power to issue an order prohibiting the keeping of any animal, fowl, or bird which is deemed to pose a health hazard to the general public.
3-2-9 KEEPING OF NUMEROUS DOGS AND CATS IN THE VILLAGE.
(A) Nuisance. The keeping of an unlimited number of dogs and cats in the Village for a considerable period of time detracts from and, in many instances, is detrimental to the healthful and comfortable life for which such areas were created. The keeping of an unlimited number of dogs and cats is, therefore, declared to be a public nuisance.
a. “Dog” shall mean any canine, regardless of age or sex.
b. “Cat” shall mean any feline, regardless of age or sex.
(B) Number of Dogs and/or Cats Limited.
1. It shall be unlawful for any person or persons to keep more than three (3) dogs and/or (3) cats within the Village with the exception that a litter of pups or a litter of kittens or a portion of a litter may be kept for a period of time not exceeding five (5) months from birth.
2. The provisions of this section shall not apply to any establishment wherein dogs or cats are kept for breeding, sale, sporting purposes or boarding.
(C) Kennels. Kennels are not permitted within the limits of the Village of Kansas. A Kennel may be granted permission only if the Board so decides and it complies with all the Department of Agriculture for the State of Illinois requirements for professional kennels.