Chapter 6.08 ANIMALS AND FOWL

A. No person shall beat, cruelly ill treat, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate or permit any dog fights, cock fights, or other combat between animals or between animals and humans.

B. No owner of an animal shall abandon such animal.

C. No person may knowingly poison or cause to be poisoned any domestic animal. It shall not be unlawful for a person to expose on his own property common rat poison mixed only with vegetable substances.

D. No person shall keep or permit to be kept on his premises any wild animal for display or for exhibition purposes. This section shall not be construed to apply to zoological parks, performing animal exhibitions or circuses.

E. No person shall keep or permit to be kept any wild animal as a pet.

F. No person shall kill or wound, attempt to kill or wound, or take the eggs or young of any game or song bird. (Ord. 96-21, 1996)

6.08.020 Animal nuisances.

An owner is in violation of this chapter when he permits his animal to:

A. Run uncontrolled.

B. Molest persons or vehicles by chasing, barking, or biting.

C. Attack other animals.

D. Damage property other than the owner’s.

E. Bark, whine, howl or make other noises excessively.

F. Create noxious or offensive odors. (Ord. 96-21, 1996)

6.08.030 Strays.

It shall be unlawful to permit any cattle, horse, swine, sheep, goats or poultry to run at large in the village; any such animal running at large in any public place in the village shall be impounded in the manner provided in RMC 6.08.130 and 6.08.140. It shall be further unlawful to picket or tie any such animal in the streets of the village for the purpose of grazing or feeding. Provided further, no person shall allow any such animal as herein provided to be permitted to remain on any private property within the village. (Ord. 96-21, 1996)

6.08.040 Killing dangerous animals.

The members of the police department are authorized to kill any dangerous animal when it is necessary for the protection of any person or property. (Ord. 96-21, 1996)

6.08.050 Rabies case procedure.

Whenever a case of rabies has occurred in the community, the Cook County animal control administrator shall be notified immediately via a phone call. The administrator shall then act to prevent the spread of rabies. (Ord. 96-21, 1996)

6.08.060 Biter animals.

A. Official procedure for bite cases shall be as follows:

1. When the animal control officer receives information that a person has been bitten by an animal, the animal owner shall be instructed to have the animal examined by his veterinarian within twenty-four hours.

2. If the animal bite occurred off the animal owner’s property or when the animal was left without proper control, a citation shall be written against the animal owner.

3. When the animal control officer has filled out the Cook County animal bite report in full, he shall send his report within twenty-four hours to the local public health department or to the Cook County department of animal control.

4. All animals that bite must be impounded for ten days, following the first examination.

5. Impoundment at home or at a facility under the observation of a licensed veterinarian shall be dependent upon a current rabies vaccination and the ability of the animal owner to confine the biting animal.

6. When an owner of a biting animal has no personal veterinarian, or refuses to obtain the services of a veterinarian, the animal control officer shall have the animal impounded for ten days.

7. All animals impounded shall have a record. The record shall include the animal owner’s name, address and telephone number, if available; species or breed, color, sex, and license or tag number if available; and the time and date impounded.

8. The veterinarian examining the biting animal shall fill out and then send within twenty-four hours the Cook County rabies observation notice to the Cook County department of animal control.

9. Following the examination of the biting animal at the end of the ten-day confinement period the veterinarian shall complete the Cook County rabies release report and he shall send this report within twenty-four hours to the Cook County department of animal control.

B. The animal owner is responsible for all costs relating to the examination and impoundment of the biting animal.

C. Any person having knowledge of a biting animal that has not been properly examined and who does not report this fact to the animal control officer is in violation of this chapter.

D. It is unlawful for the owner of a biting animal to euthanize, sell, give away, or otherwise dispose of such animal until it is released by the Cook County animal control administrator or his authorized representative. (Ord. 96-21, 1996)

6.08.070 Housing.

No person shall cause or allow any place where any animal is or may be kept to become unclean or unwholesome. (Ord. 96-21, 1996)

6.08.080 Penalty.

Any person, firm or corporation violating any provision of this chapter shall be fined not less than one hundred dollars nor more than five hundred dollars for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 2022-13 § 4, 2022; Ord. 96-21, 1996)

6.08.090 Issuance of citations.

A. The animal control officer may, in lieu of the filing of a complaint in court, in the first instance, issue to such alleged violator a citation:

1. Advising the person that he has violated this chapter, specifically;

2. Requesting him to make payment in an amount applicable to the alleged violation as set forth in RMC 6.08.100, as payment of the violation; and

3. Informing him that upon failure to so pay, a complaint may be filed in the circuit court of Cook County, Illinois, charging him with such violation.

B. Pursuant to the citation, the person so accused of the violation may settle and compromise the violation claim in respect of such chapter violation by paying to the municipality the applicable amount as shown in the schedule set forth in RMC 6.08.100, within a period to be specified in the citation, not more than seven days of the time the alleged offense was committed. Such payment shall be made in accordance with the instructions contained in the aforesaid citation, at the office of the village clerk who shall issue a receipt for the money so received and promptly remit the amount to the village treasurer to be credited to the proper municipal fund.

C. In the event that the person to whom the citation is issued fails to settle and pay the violation claim within the prescribed time, or within a period of time specified in a final notice (if one is served upon him) then the animal control officer is authorized to cause a notice to appear to be served upon the alleged violator and is authorized to file a complaint and to prosecute the same in the circuit court of Cook County, Illinois. (Ord. 96-21, 1996)

6.08.100 Schedule of fines.

The violation described in the citation pursuant to this chapter may be settled, compromised, and paid in the respective amounts set forth in the following schedules:

A. In the event that the payment is made prior to the mailing by the municipality or by the animal control officer of a final notice, the following amounts shall be accepted as settlement:

Violation of this chapter, Animals and Fowl: One hundred dollars.

B. In the event that payment is not made within the time prescribed in the final notice and a notice to appear and complaint filed in the circuit court of Cook County, Illinois, payment of any fine and cost shall be in such amounts as may be determined and established by the circuit court of Cook County, Illinois; provided, that the fine shall be not less than one hundred dollars nor more than five hundred dollars. (Ord. 2022-13 § 4, 2022; Ord. 96-21, 1996)

Article II. Dogs and Cats

6.08.110 Definitions.

Whenever used in RMC 6.08.110 through 6.08.290, unless a contrary intention is clearly evident, the following terms are used as herein described:

“Cat” includes all members of feline family, four months or more of age.

“Dog” includes all members of the canine family, four months or more of age.

Enforcement Officer. Whenever the enforcement officer in this chapter is designated as “animal control officer or deputy,” if no person is filling the position, the enforcement officer is hereby designated to be a police officer of the village or such other person designated by the mayor and board of trustees.

“Inoculation against rabies” means the injection, subcutaneously or otherwise, as approved by the State of Illinois Department of Agriculture, of approved canine antirabic vaccine.

“Owner” means any person having a right of property in a dog or cat, who keeps or harbors a dog or cat, or who has it in his care or acts as its custodian, or who knowingly permits a dog or cat to remain on or about any premises occupied by him. (Ord. 2001-23, 2001)

6.08.120 License required.

A. Every owner of a dog or cat within the village shall pay an annual license fee of nine dollars for each dog or cat, and shall receive from the village clerk a metal tag bearing the legend, dog/cat tax, Riverdale, Illinois, as well as the license number and the year issued marked thereof. Any owner of a licensed dog or cat whose license tag has been lost may obtain a replacement tag by payment of one dollar to the village clerk.

B. Every owner of a dog or cat within the village shall keep such license tag securely attached to a collar or harness fastened around the neck or body of such dog or cat at all times when the dog or cat is off the premises of a licensed owner. It shall be unlawful for any person, other than the owner, his agent, or a member of the health department or animal control officer to remove a license tag from a dog or cat.

C. A certificate of inoculation against rabies for each dog or cat, issued by the county rabies inspector, or by his deputy, or by a licensed veterinarian, shall be submitted to the village collector for inspection at the time of application for a dog or cat license. No license shall be issued for any dog or cat unless such inoculation certificate bears a date within one year prior to the date of application for a license. (Ord. 2010-08A § 27, 2010; Ord. 2010-08 § 27, 2010; Ord. 2001-23, 2001)

6.08.130 Impoundment of unlicensed dogs or cats.

All unlicensed dogs or cats within the limits of the village in violation of RMC 6.08.110 through 6.08.290 shall be impounded. (Ord. 2001-23, 2001)

6.08.140 Impoundment of dogs or cats running at large.

Any dog or cat found running at large in the village shall be deemed and considered to be a public nuisance. It shall be the duty of the animal control officer of the village to impound any such dog or cat. The animal control officer or his duly appointed deputy shall, immediately upon the impounding of any dog or cat, make a complete registry, entering the breed, color and sex of such dog or cat, and whether licensed, if known; and if licensed, he shall enter the name and address of the owner and the number of the license tag, if known; and if bearing an inoculation tag, the number of such tag shall be recorded. When any licensed dog or cat shall be impounded, the animal control officer or his deputy shall forthwith give notice in person, by mail or by telephone to the owner of such licensed dog or cat, informing such owner of the impounding of his dog or cat. (Ord. 2001-23, 2001)

6.08.150 Property owners may impound.

Any person finding an animal at large upon his property may remove the same to any animal shelter that will take possession of the animal. If no such shelter is available, the property owner may hold the animal in his own possession, and as soon as possible, notify the enforcement officer. The property owner shall provide a description of the animal and the name of the owner if known. The enforcement officer shall dispatch an animal control officer to take possession of the animal. (Ord. 2001-23, 2001)

6.08.160 Notice to owner and redemption.

Upon impoundment of an animal, the enforcement officer shall immediately attempt to notify the owner by telephone or certified mail. If the owner is unknown, the enforcement officer shall post written notice for five days at three or more conspicuous places in the village describing the animal and the time and place of taking. Any notice to the owner shall also include the location of the shelter or hospital where the animal is confined, hours during which the animal can be reclaimed, and fees to be charged to the owner. The owner shall also be advised that the failure to claim the animal within a specified period of time may result in the disposition of the animal. (Ord. 2001-23, 2001)

6.08.170 Redemption of impounded dogs or cats.

Any dog or cat which shall have been impounded may be redeemed by the owner of such dog or cat or the agent of the owner upon payment of the sum of one hundred dollars as a fee for taking up or impounding such dog or cat. If the dog or cat is unlicensed, the owner shall pay the annual license fee provided in RMC 6.08.120(A), and the cost of keeping such dog or cat while impounded. If any such dog or cat is not redeemed within five days after being impounded, such dog or cat may be disposed of by the animal control officer. (Ord. 2022-13 § 4, 2022; Ord. 2001-23, 2001)

6.08.180 Cost of keeping impounded dogs or cats.

The cost of keeping impounded dogs or cats shall be fixed at twenty-five dollars for the first day and fifteen dollars for each day thereafter. (Ord. 2022-13 § 4, 2022; Ord. 2001-23, 2001)

6.08.190 Leash law – Prohibited in certain stores and public places – Nuisance provisions.

A. It shall be unlawful for a dog or cat, except when on a leash controlled by the owner or his agent, to use or be upon any public street, alley, sidewalk, parkway, or public area within the village.

B. It shall be unlawful for any person to bring or cause to be brought into any store, shop or retail place of business wherein the public is invited to do business with the management thereof, during such hours as the public is so invited, and it shall be unlawful for any person to bring or cause to be brought into any public building at any time, any dog or cat unless the dog or cat is under control and is brought for the purpose of conducting business or inquiry wherein the physical presence of the dog or cat is required.

C. No leash shall be longer than eight feet in length.

D. The provisions of this section shall not apply to dogs leading blind persons.

E. It shall be deemed to be a public nuisance for any person to cause or permit any dog or cat owned or kept by him to defecate or urinate upon any public street, sidewalk, or other public place or upon any other premises not owned or controlled by the person owning or keeping the dog or cat; provided, however, that shall any such defecation be completely and promptly removed by the owner or keeper of the dog or cat, the terms of this section shall not be found applicable. Any person witnessing a violation of this section shall file a formal complaint of the violation of this section with the proper persons. (Ord. 2001-23, 2001)

6.08.200 Unlawful to permit dog or cat to enter another’s property or destroy plants, flowers, etc.

No person shall, without the consent of the owner of the property concerned, permit any dog or cat in his custody and control to enter upon the premises of another with the village or permit any dog or cat in his custody or control to injure, destroy or carry away any vegetable, plant or fruit, shrub, tree, flower or other thing which may be on such premises or which may be planted or seeded there. (Ord. 2001-23, 2001)

6.08.210 Confinement of dogs or cats in heat.

The owner of any female dog or cat in heat shall keep the same confined or on a leash at all times and shall not permit such dog or cat to be at large in the parks, streets, or other public place in the village or on any premises other than those of the owner. (Ord. 2001-23, 2001)

6.08.220 Dangerous dogs or cats.

Dangerous animal means any dog or cat that, because of its aggressive nature, training or characteristic behavior, presents a risk of serious physical harm or death to human beings, or would constitute a danger to human life, physical well-being, or property if not kept under the direct control of the owner. This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties. The term “dangerous animal” includes any animal that according to the records of either the village animal shelter, the enforcement officer, or any law enforcement agency:

A. Has aggressively bitten, attacked, endangered, or inflicted severe injury on a human being on public or private property, or when unprovoked, has chased or approached a person upon the street, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; provided, that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by any of the above-referenced authorities;

B. Has more than once severely injured or killed a domestic animal while off the owner’s property; or

C. Has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting. (Ord. 2001-23, 2001)

6.08.230 Biting dogs or cats.

A biting dog or cat is defined to be a dog or cat which has bitten, scratched or otherwise injured any person so as to cause an abrasion to the skin of such person. (Ord. 2001-23, 2001)

6.08.240 Restraint of vicious or dangerous animals.

Every animal declared dangerous or vicious shall be confined by its owner or authorized agent of its owner within a building or secure enclosure and, whenever off the premises of its owner, shall be securely muzzled and restrained with a chain having minimum tensile strength of three hundred pounds and not more than three feet in length, or caged. Every person harboring a vicious animal is charged with an affirmative duty to confine the animal in such a way that children do not have access to such animal. (Ord. 2001-23, 2001)

6.08.250 Exemptions of certain dogs or cats from licensing provisions.

The provisions of this chapter relating to the licensing of dogs or cats shall not apply to the dogs or cats of nonresidents remaining temporarily in or passing through the village; provided, that such dogs or cats have a license from some other jurisdiction, and are kept on a leash. (Ord. 2001-23, 2001)

6.08.260 Limitation on number of dogs and cats kept.

No person shall suffer or permit more than a total of three animals (dogs and/or cats) to be or remain in or about any single-family residence, building or lot, or more than one dog or cat in any single-family apartment in any apartment building within the village under his control at any one time, except in veterinary hospitals, pet shops, pounds or kennels, which kennels are subject to applicable ordinances. (Ord. 2001-23, 2001)

6.08.270 Quarantine.

Whenever the number of dangerous dogs or cats, or dogs or cats suffering from rabies, running at large in the village shall be such as to endanger the public health, public safety or general welfare, the village shall apply to the Illinois Department of Agriculture for a quarantine. A proclamation of the mayor containing such declaration shall be published at least once in some newspaper of general circulation in the village. After the first publication of such proclamation by the mayor, it shall be unlawful for the owner or custodian of any dog or cat to permit such dog or cat to be at large contrary to the terms of the proclamation. (Ord. 2001-23, 2001)

6.08.280 Feeding strays prohibited.

It shall be a violation of this chapter for a person to set out food or provide food for stray cats or dogs. (Ord. 2005-29, 2005)

6.08.290 Violations.

Any person violating RMC 6.08.110 through 6.08.290 shall be fined as provided in RMC 6.08.080 for each offense. Each day the keeping of such dogs or cats shall not be construed to allow the keeping of more than the number of dogs or cats as provided in RMC 6.08.260. (Ord. 2001-23, 2001)