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O-89-56ORDINANCE NO. 0 -89 -56 AN ORDINANCE AMENDING CHAPTER 5 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That Subsection (a) of Section 5 -1, entitled ONE: "Definitions ", of Chapter 5 of the Municipal Code of the Village of Deerfield of 1975, as amended, be and the same is hereby further amended by adding the following: "(8) Vicious means the propensity to do any act that might endanger the safety of any person or property of another, including, but not limited to a disposition to mischief or fierceness as might lead to attack on human beings, other animals on public or private property without provocation, whether in play, anger or outbreak of untrained nature." SECTION That Section 5 -2, entitled "Cruelty to animals ", TWO: of Chapter 5 of the Municipal Code of the Village of Deerfield of 1975, as amended, be and the same is hereby further amended by deleting said Section in its entirety and substituting in lieu thereof, the following: "(a) A person shall be guilty of cruelty to an animal in any of the ways mentioned in this Section: (1) By willfully and cruelly injuring or killing any animal by any mode or means causing it unnecessary fright or pain; (2) By failing or neglecting to aid or attempt alleviation of any pain, suffering or injury caused to any animal; (3) By unnecessarily failing to provide any animal in his charge or custody, as owner or otherwise, with proper food, drink, shelter and air; (4) By exposing any kind of poison or to leave exposed any poison, poisoned food or poisoned drink for animal or fowl on the premises of another, or in any enclosed place, or to aid or abet any person in so doing." ORDINANCE NO. 0 -89 -56 AN ORDINANCE AMENDING CHAPTER 5 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD SECTION That Section 5 -3, entitled "Dangerous or vicious THREE: animals running at large prohibited" of Chapter 5 of the Municipal Code of the Village of Deerfield of 1975, as amended, be and the same is hereby further amended by adding Subsection (c) as follows: "(c) No person shall keep, harbor, or maintain any vicious animal or animal with vicious propensities in a manner which may or does endanger the safety of persons or property off his premises or unlawfully on his premises." SECTION That Section 5 -4, entitled "Animal noises FOUR: prohibited" of Chapter 5 of the Municipal Code of the Village of Deerfield of 1975, as amended, be and the same is hereby further amended by deleting said Section in its entirety and substituting in lieu thereof, the following: "Sec. 5 -4. Animal noises prohibited. No person shall permit any dog or other animal to howl, yelp, whine, or bark or make noise in such a manner as to disturb any person or neighborhood." SECTION That Section 5 -5, entitled "Animals running at FIVE: large prohibited; impounding ", of Chapter 5 of the Municipal Code of the Village of Deerfield of 1975, as amended, be and the same is hereby further amended by deleting Subsection (c) in its entirety and substituting in lieu thereof the following: "(c) No person shall permit any animal, whether licensed or not, to enter any public body of water, pond, fountain, or stream." SECTION That Section 5 -7, entitled "Diseased animals; SIX: regulations ", of Chapter 5 of the Municipal Code of the Village of Deerfield of 1975, as amended, be and the same is hereby further amended by deleting Subsection (a) in its entirety and substituting in lieu thereof the following: "(a) No domestic animal afflicted with a contagious disease shall be allowed to run at large, or to be exposed in any public place whereby the health of any person or animal may be affected; nor shall such - 2 - ORDINANCE NO. 0 -89 -56 AN ORDINANCE AMENDING CHAPTER 5 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD diseased animal be shipped or removed from the premises of the owner thereof except under the supervision of the Lake County Health Officer." SECTION That Section 5 -8, entitled "Housing of animals; SEVEN: live swine or pigs prohibited ", of Chapter 5 of the Municipal Code of the Village of Deerfield of 1975, as amended, be and the same is hereby further amended by deleting Subsection (b) in its entirety and substituting in lieu thereof the following: "(b) No person shall keep any swine, sheep, goats, cattle, horses or raise chickens or other fowl in the Village." SECTION That Section 5 -10, entitled "Premises to be EIGHT: sanitary, inspection of premises ", of Chapter 5 of the Municipal Code of the Village of Deerfield of 1975, as amended, be and the same is hereby further amended by deleting Subsection (b) in its entirety and substituting in lieu thereof the following: "(b) In the event any owner, occupant or tenant of such premises forbids the entry of an authorized representative of the Village, then a warrant shall be issued according to law at the request of such representative." SECTION That Section 5 -15, entitled "Animal license fee ", NINE: of Chapter 5 of the Municipal Code of the Village of Deerfield of 1975, as amended, be and the same is hereby further amended by adding the following: "Dogs used as guides for blind persons and commonly known as Seeing Eye dogs shall be licensed as other dogs herein above provided, except that the owner or keeper of such dog shall not be required to pay any fee therefor." SECTION That Section 5 -19, entitled "Running at large TEN: prohibited ", of Chapter 5 of the Municipal Code of the Village of Deerfield of 1975, as amended, be and the same is hereby further amended by adding Subsections (d) and (e) as follows: - 3 - ORDINANCE NO., 0 -89 -56 AN ORDINANCE AMENDING CHAPTER 5 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD "(d) No person shall permit any dog to chase, run after or jump at vehicles using the public thoroughfares. (e) No person shall permit any dog to habitually snap, growl, snarl, jump upon or otherwise threaten persons lawfully using any common thoroughfare, sidewalk, passageway, bypath, play area, park, or any place where people congregate or walk." SECTION That Section 5 -24 , entitled "Sanitation" of ELEVEN: Chapter 5 of the Municipal Code of the Village of Deerfield of 1975, as amended, be and the same is hereby further amended by deleting said Section in its entirety and substituting in lieu thereof, the following: "No person owning, keeping or harboring a dog shall permit such animal to urinate or deposit dung on any public street, alley, parkway or other public place or on any premises other than those of the owner or person in control of such dog, without collecting and properly disposing of said animal waste." SECTION That Section 5 -25, entitled "Female dog in heat ", TWELVE: of Chapter 5 of the Municipal Code of the Village of Deerfield of 1975, as amended, be and the same is hereby further amended by deleting said section in its entirety. SECTION That Section 5 -27, entitled "Muzzles; proclamation THIRTEEN: by President ", of Chapter 5 of the Municipal Code of the Village of Deerfield of 1975, as amended, be and the same is hereby further amended by deleting said Section in its entirety and substituting in lieu thereof, the following: "Whenever the President, by proclamation, shall declare that the danger from rabies is great, no person shall permit or allow any dog upon any public street, alley or sidewalk or other place, unless such dog is securely muzzled." - 4 - ORDINANCE NO. 0 -89 -56 AN ORDINANCE AMENDING'CHAPTER 5 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD SECTION That Section 5 -28, entitled "Impounding dogs ", of FOURTEEN: Chapter 5 of the Municipal Code of the Village of Deerfield of 1975, as amended, be and the same is hereby further amended by deleting subsection (a) in its entirety and substituting in lieu thereof, the following: "(a) The Village may, from time to time, and upon such terms and conditions as it deems proper, contract with any qualified persons, firm or corporation, to impound animals picked up by the Village." SECTION That Section 5 -29, entitled "Redemption from FIFTEEN: pound ", of Chapter 5 of the Municipal Code of the Village of Deerfield of 1975, as amended, be and the same is hereby further amended by deleting subsection (a) in its entirety and substituting in lieu thereof, the following: "(a) The owner of any licensed dog so impounded, or the person claiming to be the owner of any unlicensed dog, may redeem such dog in accordance with the provisions of this Article upon payment of the license fee, if unpaid, and an impounding charge of Fifteen Dollars ($15.00) plus the cost of keeping such dog for each day or fraction thereof that such dog is impounded." SECTION That Section 5 -37, entitled "Enforcing authorities SIXTEEN: saved from liability ", be added as a new Section of Chapter 5 of the Municipal Code of the Village of Deerfield of 1975, as follows: "Sec. 5 -37. Enforcing authorities saved from liability. In carrying out the enforcement provisions of this Article, no police officer, animal warden or person or corporation charged with the enforcement of this Article shall be held responsible for any accident or disease that may happen to any dog or other animal." SECTION That Section 5 -38, entitled "Penalties ", be added SEVENTEEN:as a new Section of Chapter 5 of the Municipal Code of the Village of Deerfield of 1975, as follows: - 5 - ORDINANCE NO. 0 -89 -56 AN ORDINANCE AMENDING CHAPTER 5 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD "Sec. 5 -38. Penalties. Any person, firm or corporation violating the provisions of this Article shall be fined not less than ten dollars ($10.00) for the first such offense; and shall be fined not less than twenty -five ($25.00) for the second such offense; and shall be fined not less than fifty dollars ($50.00) for the third such offense and all subsequent offenses within a one year period." SECTION That the Village Clerk is hereby directed to EIGHTEEN: publish this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and NINETEEN: effect from and after its passage, approval and - publication, as provided by law. AYES: Marovitz, Marty, Rosenthal, Seidman, Swanson, York (6) NAYS: None (0) ABSENT: None (0) PASSED this 4th day of December , A.D. , 1989. APPROVED this 4th day of December , A.D., 1989. VI LAGE PRESIDENT ATTEST: \ o s CLERK