Title IX
GENERAL REGULATIONS
Chapters:
90 Animals
91 Taxation
92 Inoperable and Abandoned Motor Vehicle
93 Unsafe and Dangerous Buildings
94 Miscellaneous
95 Tree Board and Regulations
Chapter 90
ANIMALS
Sections:
ARTICLE I. GENERAL PROVISIONS
90-1-1 Definitions.
90-1-2 Exercise of certain powers.
90-1-3 Keeping of certain animals prohibited.
90-1-4 Inoculation of dogs– Inoculation tag affixed to collars.
90-1-5 Inoculation to be performed by licensed veterinarian– Issuance of certificate.
90-1-6 Duration of inoculation.
90-1-7 Exhibition of certificate on request.
90-1-8 Restraint of dogs and other animals.
90-1-9 Animals as nuisances.
90-1-10 Keeping animals.
90-1-11 Biting animals.
90-1-12 Confinement– Warning of dangerous animals.
90-1-13 Killing or attacking animals.
90-1-14 Cruelty to animals.
90-1-15 Cock fighting– Dog fighting.
90-1-16 Dead animals.
90-1-17 Injured animals– Animals found dead on public.
90-1-18 Interference with enforcement.
90-1-19 Authority to impound animals and enter onto private property.
90-1-20 Impoundment of dogs or other animals which have bitten persons.
90-1-21 Notice to owners or keepers of impoundment and violation.
90-1-22 Redemption of impounded animals.
90-1-23 Vicious dog (animals).
90-1-24 Dangerous dog (animal) determination.
90-1-25 Dangerous dog– Leash.
90-1-26 Dangerous dog– Appeal.
90-1-27 Disposition of animals.
ARTICLE II. PENALTIES AND ENFORCEMENT
90-2-1 Citations in ordinance violation cases.
90-2-2 Prosecution of violations.
90-2-3 Fines and penalties.
ARTICLE I. 90-1-1 Definitions.
For the purpose of this chapter, all terms have the same meaning as in the Animal Control Act, 510 ILCS 5/1 et seq. The following definitions shall apply unless the context clearly indicates or requires a different meaning.
"Administrator" means a veterinarian licensed by the state of Illinois and appointed by Sangamon County animal control, or in the event a veterinarian cannot be found and appointed, a non-veterinarian may serve as administrator under this chapter. In the event the administrator is not a veterinarian, the administrator shall defer to a veterinarian regarding all medical decisions.
"Animal" means every living creature, other than man, which may be affected by rabies.
"Animal control warden" means any person appointed by the administrator to perform the duties set forth in the Animal Control Act, and those designated by the chief of police whose duty it is to enforce the provisions of this chapter.
"At large" means any animal not under restraint as defined herein.
"Bite" means to seize with the teeth or jaws so that the person or animal seized has been nipped, gripped, wounded, or pierced, and further includes contact of saliva with any break or abrasion of the skin.
"Cat" means all members of the family Felidae.
"Chief of police" means the chief of the village police department.
"Confined" means restriction of an animal at all times by the owner, or his agent, to an escape-proof building, house, or other enclosure away from other animals and the public.
"County" means Sangamon County, Illinois.
"County animal control personnel" means personnel who are employed by the county to take up domestic animals and transport them to the county pound, or take up wild animals and dispose of them in accordance with the procedures of the county animal control department.
"County pound" means the animal pound operated by the county animal control department.
"Dangerous dog" means any individual dog, when unmuzzled, unleashed, or unattended by its owner or custodian, that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal in a public place.
"Department of Agriculture" means the Department of Agriculture of the state of Illinois.
"Dog" means all members of the family Canidae.
"Enclosure" means a fence or structure of at least six feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures that may be taken by the owner or keeper, such as tethering of the vicious dog within the enclosure. The enclosure shall be securely enclosed and locked and designed with secure sides, top, and bottom and shall be designed to prevent the animal from escaping from the enclosure. If the enclosure is a room within a residence, the dog must be locked. A vicious dog may be allowed to move about freely within the entire residence if it is muzzled at all time.
"Feral cat" means a cat that (i) is born in the wild or is the offspring of an owned or feral cat and is not socialized, or (ii) is a formerly owned cat that has been abandoned and is no longer socialized or lives on a farm.
"Fight" means a prearranged conflict between or among two or more animals, but does not include a conflict that is unorganized or accidental.
"Impounded" means taken into the custody of the public animal control facility in the city, town, or county where the animal is found.
"Inoculation against rabies" means the injection, subcutaneously or otherwise, as approved by the Department of Agriculture of the canine anti-rabies vaccine approved by the Department.
"Leash" means a cord, chain, rope, strap or other such physical restraint having a tensile strength of not less than three hundred pounds.
"Livestock" means cattle, cows, horses, sheep, swine, goats, chickens, ducks, turkeys, geese, and any other animals commonly recognized as livestock.
"Muzzle" means a device constructed of strong, soft material or a metal muzzle, made in a manner which will not cause injury to the dog or interfere with its vision or respiration, but will prevent the dog from biting any person or animal.
"Nip" means to pinch or squeeze with teeth with no breaking of skin or tissue.
"Owner" or "keeper" means a person having a right of property in an animal, who keeps or harbors such animal, who cares for or who acts as its custodian, or who knowingly permits an animal to remain on or about any premises occupied by such person.
"Police animal" means an animal owned or used by a law enforcement department or agency in the course of the department or agency's work.
"Police officer" means the chief of police of the village, or any police officer employed by the village, or any police officer from another jurisdiction operating in the village under a mutual aid agreement or under the direction of the chief of police of the village.
"Pound" or "animal control facility" may be used interchangeably and means any facility approved by the administrator for the purpose of enforcing this chapter and used as a shelter for seized, stray, homeless, abandoned, or unwanted dogs or other animals.
"Public entrance" means the entranceway of a residence or other building closest to the public street or sidewalk or one which would be reasonably perceived by the public to be the entrance to the dwelling available for public use.
"Registration certificate" means a printed form prescribed by the Department for the purpose of recording pertinent information as required by the Department under this chapter.
Restraint. An animal is under restraint if it is:
1. Attached to a leash held by a responsible person;
2. Attached to a structure or fixture in such a manner that it is unable to reach beyond the limits of the owner's or keeper's property and is unable to reach or molest service persons or casual visitors to the owner's or keeper's property using the public entrance or persons placing mail in the mailbox or delivering newspapers at the request of the owners;
3. Enclosed in a fenced yard from which it is unable to escape without assistance from a person; or
4. On the property of its owner or keeper authorized by the owner, and under voice command.
Herding of animals, and tethering of animals for grazing purposes is not "under restraint" as defined herein.
"Vicious dog" means a dog that, without justification, attacks a person, and causes serious physical injury or death or any individual dog that has been found to be a "dangerous dog" upon three separate occasions.
"Working day" means any day when the office or public entity referred to was open for the transaction of business.
(Ord. 2006-014, passed 7-10-06).
90-1-2 Exercise of certain powers.
(A) The chief of police, police officers, and the village president shall have the exclusive power to request county animal control personnel to take up and transport animals in accordance with this chapter and in accordance with contractual arrangements with the county.
(B) Police officers on duty shall have the additional authority to take up and temporarily detain vicious animals and animals running at large pending the arrival of county animal control personnel.
(Ord. 2006-014, passed 7-10-06).
90-1-3 Keeping of certain animals prohibited.
(A) The keeping of livestock within the corporate limits of the village is prohibited, except in areas in the village zoned agricultural.
(B) The keeping of undomesticated animals within the village is prohibited.
(C) The keeping of more than three dogs or three cats on one zoning lot within the village is prohibited, provided this subsection does not apply to a litter of pups or kittens less than five months of age.
(Ord. 2006-014, passed 7-10-06).
90-1-4 Inoculation of dogs– Inoculation tag affixed to collars.
Each calendar year, or at such intervals as may hereafter be promulgated by the Department of Agriculture, every owner or keeper of a dog which is four months of age or older shall cause such dog to be inoculated against rabies. Such owner or keeper of such dog shall cause a serially numbered tag evidencing such inoculation to be attached to a collar or harness worn by the dog at all times.
(Ord. 2006-014, passed 7-10-06).
90-1-5 Inoculation to be performed by licensed veterinarian– Issuance of certificate.
(A) The inoculation of dogs required by this chapter shall be performed by a veterinarian, duly licensed to practice in this state or in the state where the inoculation occurred. On performing such inoculation, such veterinarian shall issue to the owner or keeper a certificate of such fact.
(B) Each owner or keeper is responsible for obtaining annually from the county clerk a metallic tag suitable for attaching to the collar of such dog which tag shall also certify to the fact of inoculation against rabies. The tag shall be in such form as shall be determined by the Department of Agriculture and adopted for use by the county clerk.
(Ord. 2006-014, passed 7-10-06).
90-1-6 Duration of inoculation.
The inoculation performed under the provisions of Section 90-1-4 of this chapter shall be effective until the expiration of a calendar year in which the vaccination was performed or the expiration of such period of time as may be promulgated by the Department of Agriculture.
(Ord. 2006-014, passed 7-10-06).
90-1-7 Exhibition of certificate on request.
At any reasonable time on request of any member of the police department or animal control officer, the owner or keeper of any dog shall exhibit any current, valid certificate, required under the provisions of this code, certifying the inoculation against rabies of any dog owned or kept by him.
(Ord. 2006-014, passed 7-10-06).
90-1-8 Restraint of dogs and other animals.
Owners and keepers of dogs and other animals shall keep the dogs and other animals under restraint at all times and shall not permit such dogs and other animals to be at large. Any animal found running at large contrary to provisions of this chapter may be apprehended and impounded.
(Ord. 2006-014, passed 7-10-06).
90-1-9 Animals as nuisances.
(A) The owner or keeper of an animal shall not suffer or permit the animal to bark, howl, cry, or make other distressing or loud or unusual noise or to disturb the peace or quiet of any place, neighborhood, family, or person in the village. The disturbing of any neighborhood or persons by any such animal is declared to be a nuisance, and no person shall suffer or permit any such nuisance to exist.
(B) In addition to the general restrictions of subsection (A) of this section, for the purpose of this section, an owner or keeper is in violation of this section if he or she permits a dog to bark in a substantially continuous manner between the hours of ten p.m. and seven a.m. for a period of more than fifteen minutes, or who allows such animal to bark, howl or cry for numerous periods of time, regardless of duration, so as to disturb the quiet of the neighborhood or of particular neighbors.
(C) In case any animal shall repeatedly disturb the peace or quiet of any place or neighborhood or become a nuisance as defined in this code, the village police department may contact animal control to remove the animal for placement in the Sangamon County animal pound.
(D) The owner may redeem the animal from the Sangamon County animal pound pursuant to Section 90-1-22. Failure to redeem the animal will result in its disposition pursuant to Section 90-1-23.
(Ord. 2006-014, passed 7-10-06).
90-1-10 Keeping animals.
No person shall house or keep animals in any pen, stable, yard, confinement structure, or any other place in such a manner that associated debris or odors are unreasonably offensive to persons residing in the vicinity or passing along any nearby street or alley, or constitute a hazard to the health of persons residing nearby. Any pen, stable, yard, confinement structure or other place where animals are housed or kept in violation of this section is declared to be a nuisance.
(Ord. 2006-014, passed 7-10-06).
90-1-11 Biting animals.
No owner or keeper of an animal shall suffer, permit, or fail to prevent an animal from biting or attacking a person or another animal resulting in injury to the person or animal attacked, provided that such an attack on a person who is or reasonably appears to be in the commission of a criminal act is not prohibited if the animal is acting in the defense of the owner or keeper of his or her family or premises, and the animal remains on its premises. For purposes of this section, it is not necessary that the person bitten or attacked be arrested or convicted of a criminal offense.
(Ord. 2006-014, passed 7-10-06).
90-1-12 Confinement– Warning of dangerous animals.
No person shall own, keep, or harbor within the village an animal known to be dangerous or vicious, unless such person shall keep such animal safely and securely confined so as to protect from injury any child or other person who may come on the premises in the vicinity where such animal may be located. Adequate warning by sign, or otherwise, shall be given to all persons coming on the premises in the vicinity of any such vicious or dangerous animal.
(Ord. 2006-014, passed 7-10-06).
90-1-13 Killing or attacking animals.
(A) No person shall kill or wound or attempt to kill or wound by the use of firearms, sling shot, bow and arrow, BB gun, air rifle, or any other dangerous weapon, any animal within the village limits, provided that this section shall not prohibit a person from defending himself or another from attack by an animal. This section does not prohibit the use of a weapon by a police officer to destroy animals which are seriously injured to avoid unnecessary suffering, or in self-defense or defense of others.
(B) Any owner seeing his or her livestock, poultry, or equidae being injured, wounded, or killed by a dog, not accompanied by or not under the supervision of its owner, may kill such dog.
(Ord. 2006-014, passed 7-10-06).
90-1-14 Cruelty to animals.
No person shall commit acts of cruelty to animals. The following acts shall be deemed to be examples of cruelty to animals and are not intended to be a complete list of acts which may constitute cruelty. Doctors of veterinary medicine, in the performance of their profession, are not subject to the provisions of this section.
(A) Overloading, overdriving, overworking, beating, torturing, tormenting, mutilating, or killing any animal or causing or knowingly allowing the same to be done;
(B) Cruelly working any old, maimed, injured, sick, or disabled animal or causing or knowingly allowing the same to be done;
(C) Failing to provide any animal in one's charge or custody, as owner or keeper, with proper food, drink, shelter, air, sanitation, or medical care;
(D) Abandoning any animal without making provisions for its care and feeding.
(Ord. 2006-014, passed 7-10-06).
90-1-15 Cock fighting– Dog fighting.
No person shall use or keep animals or be in any way connected with the management of any place kept or used for the purpose of fighting or baiting any dogs, cocks, or other animals or permit such place to be kept or used on premises owned or controlled by such persons.
(Ord. 2006-014, passed 7-10-06).
90-1-16 Dead animals.
(A) The owner or keeper of an animal shall be responsible for the disposal of such animal's remains upon its death, from whatever cause, and regardless of the location of the remains of such animals.
(B) Animals remains shall be disposed of:
(1) By burial beneath at least eighteen inches of compacted soil on the property of the animal's owner or keeper, or any other location with the express permission of the owner of the property;
(2) By or through the county animal pound;
(3) By or through a licensed veterinarian; or
(4) By action of the police department.
(C) The police department may issue a written notice to any owner or keeper who has failed to properly dispose of the remains of an animal as prescribed herein. Such person shall have twenty-four hours from receipt of such notice to properly dispose of such remains. The notice shall be served on the violator personally or by leaving such notice at his usual place of abode with some person of the family, of the age of thirteen years or upwards and informing that person of the contents thereof.
(D) The village may dispose of any animal's remains without notice to the owner or keeper when:
(1) Such remains are located on a public roadway;
(2) The remains are located on the property of a person other than the owner or keeper; or
(3) Service of a notice on the owner or keeper is refused or not readily possible within a short time.
(E) In any case where a disposal notice is required, in accordance with subsection (C) of this section, on failure of a person served a notice to properly dispose of such remains within the time allowed, the remains may be disposed of by an employee of the village and all costs of such removal shall be paid by the owner or keeper of the dead animal to the village.
(F) A minimum charge of fifty dollars for each hour or part of an hour spent by police officers or other village employees in disposing of the remains shall be levied against the owner or keeper when the village disposes of the remains. The village may institute legal proceedings to collect any amount owing by the owner or keeper providing that such suit is filed within two years of the issuance of the notice or disposal of the remains if no notice is required.
(Ord. 2006-014, passed 7-10-06).
90-1-17 Injured animals– Animals found dead on public.
(A) Any animal discovered injured on a public way shall be impounded or picked up by the county animal control personnel at the direction of a police officer and processed in accordance with the procedures of the county pound.
(B) When a domestic animal is discovered dead on a public way, the police officer on duty shall attempt to ascertain its owner and shall request that the owner dispose of the remains. If a wild animal is discovered dead on the public way, or the officer cannot ascertain the owner of a dead domestic animal, the officer shall notify the street department of the animal, and the street department shall dispose of the remains.
(Ord. 2006-014, passed 7-10-06).
90-1-18 Interference with enforcement.
No person shall, in any way, interfere with any person who is known to such person to be or who identifies himself to be and is in fact, a village or county employee or other officer enforcing the provisions of this chapter or engaged in catching or impounding any animal under the authority of this chapter.
(Ord. 2006-014, passed 7-10-06).
90-1-19 Authority to impound animals and enter onto private property.
(A) It shall be the duty of police officers to request the county animal control personnel to take up and impound in the county animal pound any animal found at large or any dog found in the village without inoculation tags contrary to any of the provisions of this chapter, or statutes of the state.
(B) Police officers and county animal control personnel are authorized to go on private property in order to enforce this chapter or to take up any animal which is believed to be at large or take up any dog found without required inoculation tags; however, such persons may not enter a private dwelling house for this purpose without a valid warrant or the consent of the occupant. Nor shall such persons remove an animal believed to be at large without reasonably attempting to ascertain whether the property on which the animal is found is owned by the owner or the authorized keeper of the animal.
(Ord. 2006-014, passed 7-10-06).
90-1-20 Impoundment of dogs or other animals which have bitten persons.
(A) Any dog, whether under restraint or not, which shall have bitten or otherwise injured any persons so as to cause an abrasion of the skin shall be immediately taken by the police department or county animal control personnel, impounded at the county pound, and kept separated from other animals for ten days. The chief of police and Sangamon County animal control personnel may reduce such period of confinement. The victim of such bite shall notify the police department of the bite within twenty-four hours. If during that period such animal develops symptoms of illness, a veterinarian shall diagnose its condition. If the symptoms disclose or are such as to indicate the presence of rabies, the animal shall be destroyed in such manner, however, as to preserve intact the head, which shall be detached and immediately sent to the diagnostic laboratory of the Department of Agriculture. In case the animal cannot be safely taken up and impounded, it may be killed, care being taken to preserve the head intact which shall be detached and immediately delivered to the diagnostic laboratory of the Department of Agriculture.
(B) If at the expiration of the period of ten days, no symptoms of rabies have developed in such animal so impounded, the same may be redeemed by the owner or keeper on payment of the redemption fees and charges specified by this code.
(C) After having been notified that his or her animal has bitten or otherwise injured any person, the owner or keeper thereof shall not, under any circumstances, permit such animal to be outside of his premises except on a leash with a responsible adult until the procedures prescribed in subsections (A) and (B) of this section have been completed. An owner who has knowledge that his or her animal has bitten or otherwise injured any person and knows that the police department or Sangamon County Animal Control Center is investigating a claim shall not under any circumstances trade, sell, or give away the animal until such investigation is complete.
(Ord. 2006-014, passed 7-10-06).
90-1-21 Notice to owners or keepers of impoundment and violation.
The police department shall make best efforts to notify the owners or keepers of animals impounded pursuant to this chapter, if known to them, of the fact of impoundment and the procedures for redemption of the impounded animal. Such notification shall be independent of any citation for ordinance violation, but may be served together with a citation for ordinance violation. Notice shall be sufficient if substantially in the form attached to this chapter as Appendix A. Notice shall be given within twenty-four hours of impoundment, either by personal service, or if the owner is not at home when service is made, by taping the notice to the front door of the residence of the owner, if known.
(Ord. 2006-014, passed 7-10-06).
90-1-22 Redemption of impounded animals.
(A) An animal impounded under the provisions of this chapter, except an animal that may have bitten any person, shall, unless sooner redeemed, be held until it may be disposed of pursuant to Section 90-2-27 in order to afford opportunity to the owner or keeper thereof to redeem the same. Any owner or keeper desiring to redeem an impounded animal shall pay an impounding fee of one hundred dollars per animal payable to the Sangamon County Animal Control Center in the form of cash, cashier's check or money order in addition to the fees and set forth in subsection (B) of this section. Prior to disposition, animals shall be held for a minimum of three calendar days, if the owner is not known, and for a minimum of seven calendar days, if the owner is known, in order to give the owner an opportunity to redeem the animal. Animals which have bitten persons are subject to an impoundment of at least ten days in the Sangamon County pound.
(B) Pursuant to an intergovernmental agreement with the village, Sangamon County will remit the impounding fee to the village. Any owner or keeper desiring to redeem an impounded animal shall, as a condition of release:
(1) Show proof of inoculation or pay the requisite deposit as set forth in subsection (D) of this section; and
(2) Pay to county animal control officer, or reimburse the village, for all fees charged by Sangamon County pound or to be charged by Sangamon County pound for responding to any and all calls with respect to the animal, picking up the animal, and boarding the animal. Sangamon County animal control's hourly charges and boarding fees for impounded animals are established by Sangamon County and are outside the village's control.
(C) If the animal is in the county pound, it may be released only upon the owner's showing of proof of inoculation, or by payment by the owner of the Sangamon County pound's charges for inoculation. If the owner cannot show proof of inoculation, then in addition to all other charges, the owner shall pay Sangamon County animal control the amount of money required for inoculation, which fee is established by Sangamon County.
(D) The owner of an impounded animal shall pay the Sangamon County Animal Control Center directly for all impoundment fees, costs, and services rendered. In the event that the village is billed for the fees, costs, and services rendered, the village will be entitled to collect costs from the owner in the amount of eighty dollars per hour for each call with a minimum one hour charge and boarding fees for impounded animals of ten dollars per day.
(Ord. 2006-014, passed 7-10-06).
90-1-23 Vicious dog (animals).
(A) In order to have an animal deemed "vicious," an animal control officer, chief of police, or the village attorney, must give notice of the infraction that is the basis of the investigation to the owner. The police department shall conduct a thorough investigation, interview any witnesses, including the owner, gather any existing medical records, veterinary medical records or behavioral evidence, and make a detailed report recommending a finding that the animal is a vicious animal and give the report to the State's Attorney's Office and the owner. The State's Attorney, or village attorney, or animal control officer may file a complaint in the circuit court to deem a dog to be a vicious dog. Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert may be relevant to the court's determination of whether the dog's behavior was justified. The petitioner must prove the dog is a vicious dog by clear and convincing evidence. Sangamon County animal control shall determine where the animal shall be confined during the pendency of the case. The provisions and appeal rights of this section shall be carried out pursuant to Section 15 of the Animal Control Act, 510 ILCS 5/15.
(B) If the dog is found to be a vicious dog, the dog shall be spayed or neutered within ten days of the finding at the expense of its owner and microchipped, and subject to enclosure. A dog found to be a vicious dog shall not be released to the owner until the animal control warden, or chief of police, approves the enclosure. No owner or keeper of a vicious dog shall sell or give away the dog without court approval. Whenever an owner of a vicious dog relocates, he or she shall notify both the administrator of county animal control where he or she has relocated and the administrator of county animal control where he or she formerly resided.
(C) It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog unless the dog is kept in an enclosure. The only times that a vicious dog may be allowed out of the enclosure are (1) if it is necessary for the owner or keeper to obtain veterinary care for the dog, (2) in the case of an emergency or natural disaster where the dog's life is threatened, or (3) to comply with the order of a court of competent jurisdiction, provided that the dog is securely muzzled and restrained with a leash not exceeding six feet in length, and shall be under the direct control and supervision of the owner or keeper of the dog or muzzled in its residence.
Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded by the administrator, an animal control warden, or the law enforcement authority having jurisdiction in such area.
If the owner of the dog has not appealed the impoundment order to the circuit court in the county in which the animal was impounded within fifteen working days, the dog may be euthanized.
Upon filing notice of appeal, the order of euthanasia shall be automatically stayed pending the outcome of the appeal. The owner shall bear the burden of timely notification to animal control in writing.
Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, and sentry, guard, or police-owned dogs are exempt from this section; provided, an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this section, each such dog shall be currently inoculated against rabies in accordance with Section 8 of the Animal Control Act. It shall be the duty of the owner of such exempted dog to notify the administrator of changes of address. In the case of a sentry or guard dog, the owner shall keep the administrator advised of the location where such dog will be stationed. The administrator shall provide police and fire departments with a categorized list of such exempted dogs, and shall promptly notify such departments of any address changes reported to him.
(Ord. 2006-014, passed 7-10-06).
90-1-24 Dangerous dog (animal) determination.
(A) After a thorough investigation including: sending, within three days of the chief of police or animal control officer becoming aware of the alleged infraction, notifications to the owner of the alleged infractions, the fact of the initiation of an investigation, and affording the owner an opportunity to meet with the chief of police or animal control officer prior to the making of a determination; gathering of any medical or veterinary evidence; interviewing witnesses; and making a detailed written report, an animal control warden, or chief of police, may ask the administrator of Sangamon County animal control, or his or her designee, to deem a dog to be "dangerous." No dog shall be deemed a "dangerous dog" without clear and convincing evidence. The owner shall be sent immediate notification of the determination by registered or certified mail that includes a complete description of the appeal process.
(B) A dog shall not be declared dangerous if the administrator, his or her designee, or the director determines the conduct of the dog was justified because:
(1) The threat was sustained by a person who at the time was committing an offense upon the owner or custodian of the dog;
(2) The threatened person was tormenting, abusing, assaulting, or physically threatening the dog or its offspring;
(3) The injured, threatened, or killed companion animal was attacking or threatening to attack the dog or its offspring; or
(4) The dog was responding to pain or injury or was protecting itself, its owner, custodian, or a member of its household, kennel, or offspring.
(C) Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert may be relevant to the determination of whether the dog's behavior was justified pursuant to the provisions of this section.
(D) If deemed dangerous, the administrator, or his or her designee, or the director shall order the dog to be spayed or neutered within fourteen days at the owner's expense and microchipped, if not already, and one or more of the following as deemed appropriate under the circumstances and necessary for the protection of the public:
(1) Evaluation of the dog by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert in the field and completion of training or other treatment as deemed appropriate by the expert. The owner of the dog shall be responsible for all costs associated with evaluations and training ordered under this subsection; or
(2) Direct supervision by an adult eighteen years of age or older whenever the animal is on public premises.
(E) The administrator or chief of police may order a dangerous dog to be muzzled whenever it is on public premises in a manner that will prevent it from biting any person or animal, but that shall not injure the dog or interfere with its vision or respiration.
(F) Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, and sentry, guard, or police-owned dogs are exempt from this section; provided, an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this section, each such dog shall be currently inoculated against rabies and performing duties as expected. It shall be the duty of the owner of the exempted dog to notify the administrator of changes of address. In the case of a sentry or guard dog, the owner shall keep the administrator advised of the location where such dog will be stationed. The administrator shall provide police and fire departments with a categorized list of the exempted dogs, and shall promptly notify the departments of any address changes reported to him or her.
(Ord. 2006-014, passed 7-10-06).
90-1-25 Dangerous dog– Leash.
It is unlawful for any person to knowingly or recklessly permit any dangerous dog to leave the premises of its owner when not under control by leash or other recognized control methods.
(Ord. 2006-014, passed 7-10-06).
90-1-26 Dangerous dog– Appeal.
(A) The owner of a dog found to be a dangerous dog pursuant to this chapter by an administrator may file a complaint against the administrator in the circuit court within thirty-five days of receipt of notification of the determination, for a de novo hearing on the determination pursuant to Section 15.3 of the Animal Control Act, 510 ILCS 5/15.3.
(B) The owner of a dog found to be a dangerous dog pursuant to the Animal Control Act by the director may, within fourteen days of receipt of notification of the determination, request an administrative hearing to appeal the determination pursuant to the Department of Agriculture's rules applicable to formal administrative proceedings; 8 Ill. Adm. Code Part 1, Subparts A and B.
(C) Until the order has been reviewed and at all times during the appeal process, the owner shall comply with the requirements set forth by the administrator, the court, or the director.
(D) At any time after a final order has been entered, the owner may petition the circuit court to reverse the designation of dangerous dog.
(Ord. 2006-014, passed 7-10-06).
90-1-27 Disposition of animals.
Any dog or other animal, which has not been redeemed within the time specified in Section 90-1-22 of this chapter shall be humanely destroyed or otherwise disposed of by the director of the county animal pound.
(Ord. 2006-014, passed 7-10-06).
ARTICLE II. 90-2-1 Citations in ordinance violation cases.
(A) For violations of this chapter other than violations relating to dangerous, vicious and biting dogs and other animals, village police officers are authorized to issue citations. Citations shall be issued on forms approved by the chief of police and shall be served personally on the violator, left with a responsible family member of at least thirteen years of age at the home of the violator, or mailed to the residence of the violator.
(B) On receipt of any citation alleging violation of any section of this chapter, the violator may pay one-half of the minimum fine provided in this chapter at the Village Hall within ten working days of issuance of the citation, and in such event, the village will not prosecute the ordinance violation. After ten working days but before filing of an action with the circuit court of Sangamon County, an alleged violator may avoid prosecution under this chapter by paying the full minimum fine applicable to the violation at the Village Hall.
GENERAL PROVISIONS
PENALTIES AND ENFORCEMENT
| ____ Police Officer |
Also, please take notice of the following:
1. As set forth in Section 90-1-22 of the Village of Riverton Code of Ordinances, the Village of Riverton's impoundment fee is $100.00. Any other violations of this Ordinance other than those pertaining to vicious, dangerous or biting animals shall be fined not less than $250.00 or more than $750.00 per offense.
2. Impoundment Checks should be paid directly to the Sangamon County Animal Control Center.
Chapter 91
TAXATION
Sections:
MUNICIPAL RETAILERS' OCCUPATION TAX
91.001 Tax imposed.
91.002 Filing report.
91.003 Payment of tax.
MUNICIPAL SERVICE OCCUPATION TAX
91.005 Tax imposed.
91.006 Filing report.
91.007 Payment of tax.
91.001 Tax imposed.
A tax is imposed upon all persons engaged in the business of selling tangible personal property at retail in this village at the rate of 1% of the gross receipts from such sales made in the course of such business while Sections 91.001 to 91.003, are in effect, in accordance with the provisions of Section 8-11-1 of the Illinois Municipal Code.
(Ord. 194, passed 9-2-69).
91.002 Filing report.
Every such person engaged in such business in the village shall file on or before the last day of each calendar month, the report to the State Department of Revenue required by Section Three of "An Act in Relation to a Tax upon Persons Engaged in the Business of Selling Tangible Personal Property to Purchasers for Use or Consumption" approved June 28, 1933, as amended.
(Ord. 194, passed 9-2-69).
91.003 Payment of tax.
At the time such report is filed, there shall be paid to the State Department of Revenue the amount of tax imposed on account of the receipts from sales of tangible personal property during the preceding month.
(Ord. 194, passed 9-2-69).
91.005 Tax imposed.
A tax is imposed upon all persons engaged in this municipality in the business of making sales of service at the rate of 1% of the cost price of all tangible personal property transferred by said servicemen either in the form of tangible personal property or in the form of real estate as an incident to a sale of service, in accordance with the provisions of Section 8-11-5 of the Illinois Municipal Code.
(Ord. 195, passed - -69).
91.006 Filing report.
Every supplier or serviceman required to account for municipal service occupation tax for the benefit of this municipality shall file, on or before the last day of each calendar month, the report to the state department of revenue required by Section Nine of the "Service Occupation Tax Act," approved July 10, 1961, as amended.
(Ord. 195, passed - -69).
91.007 Payment of tax.
At the time such report is filed, there shall be paid to the State Department of Revenue the amount of tax hereby imposed.
(Ord. 195, passed - -69).
Chapter 92 Sections:
92.001 Definitions.
92.002 Inoperable or abandoned motor vehicles on public property.
92.003 Inoperable motor vehicles on private property.
92.004 Abandoned but not inoperable motor vehicles on private property.
92.005 Other remedies.
92.006 Parking of vehicles with expired registration stickers.
92.007 Penalties and remedies. Prior Ordinance history: 178
92.001 Definitions.
As used in this chapter, the following terms have the following meanings:
(A) "Abandoned vehicle" as defined in Section 1-101.5 of the Illinois Vehicle Code, 625 ILCS 5/1-101.5, means any vehicle in a state of disrepair rendering the vehicle incapable of being driven in its condition or any vehicle that has not been moved or used for seven consecutive days or more and is apparently deserted.
(B) "Inoperable motor vehicle" as defined in Section 11-40-3 of the Illinois Municipal Code, 65 ILCS 5/11-40-3, means any motor vehicle from which, for a period of at least seven days, the engine, wheels, tires, or other parts have been removed, or on which the engine, wheels, or other parts have been altered, damaged, or otherwise so treated that the vehicle is incapable of being driven under its own motor power. "Inoperable motor vehicle" shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations nor to any motor vehicle that is kept within a building when not in use, nor to any operable historic vehicles over twenty-five years of age, nor to a motor vehicle on a premises lawfully engaged in the wrecking and junking of motor vehicles.
(C) "Person" means any human being, firm, partnership, association, corporation, company, or organization of any kind.
(D) "Property" means any real property, public or private, within the corporate limits within the Village of Riverton that is not a street or highway.
(E) "Street" or "highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(F) "Motor vehicle" as defined in section 1-146 of the Illinois Vehicle Code, means every vehicle which is self-propelled, except for vehicles moved solely by human power and motorized wheelchairs.
(Ord. 01-029, passed 12-12-01; Ord. 03-002, passed 1-6-03).
92.002 Inoperable or abandoned motor vehicles on public property.
Inoperable motor vehicles which are on public property, a street or a highway, are hereby declared a nuisance. They shall be towed or otherwise dealt with by the police department in accordance with procedures set forth in Chapter 4, Article II of Illinois Motor Vehicle Code, 625 ILCS 4-201 et seq., which is herein incorporated by reference, together with all future amendments thereto.
(Ord. 01-029, passed 12-12-01; Ord. 03-002, passed 1-6-03)
92.003 Inoperable motor vehicles on private property.
(A) Inoperable motor vehicles on private property are hereby declared a nuisance.
(B) Whenever a police officer discovers an inoperable motor vehicle on private property, the officer shall determine the owner of record of the property, and if the vehicle has a license plate, the owner of the vehicle. The officer shall attempt to determine the identity of persons occupying the property if different from the owner of record. The officer shall cause a notice in substantially the following form to be mailed, by Certified U.S. Mail, return receipt requested, or by personal delivery to the owner of record of the property, and to all persons known to the officer, after reasonable investigation, to occupy such property, and also to the owner of the motor vehicle, if the owner is known:
NOTICE TO REMOVE OR REPAIR INOPERABLE MOTOR VEHICLE
PLEASE TAKE NOTICE that the Police Department of the Village of Riverton, Illinois, has determined that there exists an inoperable motor vehicle, generally described as follows and hereinafter referred to as "The Vehicle":
Make:________
Model:________
Model Year, if known:________
Color:________
License No., if known:________ State:________
Other identifying characteristics: ____
____
____
____
The Vehicle is currently located on the following property:
Address:____
The Vehicle is in violation of Chapter 92 of the Village of Riverton, which prohibits inoperable motor vehicles on private property within the corporate limits of the Village.
You are hereby ordered to remove or repair such inoperable vehicle within 7 calendar days from the date of service of this Notice, if it has been hand-delivered, or within 11 calendar days from the date of mailing of this notice, if it was mailed by certified mail.
Section 92.007 of the Riverton Code of Ordinances provides that any person violating its provisions is subject to a fine of not less than $250.00 nor more than $750.00 for each day a violation is allowed to continue. If the Village must prosecute you for having an inoperable motor vehicle, it may seek fines beginning from the date of this Notice.
If you fail to remove or repair the inoperable motor vehicle by the date set forth in this notice, the Village may remove the inoperable vehicle, or may hire someone to do so. Any person ordered to repair or remove an inoperable vehicle may have a hearing with the Public Health and Safety Committee of the Village Board. A request for a hearing must be made in writing and delivered to the Municipal Clerk no later than seven days after the date of service of this notice, if served personally; or eleven days after the date of mailing of this notice, if it was mailed. If no hearing is requested, or if the Committee determines after the hearing that the vehicle is indeed inoperable, the vehicle may be towed without further notice.
Definitions: As used in this notice, "inoperable motor vehicle" means any motor vehicle from which, for a period of at least seven days, the engine, wheels, tires, or other parts have been removed, or on which the engine, wheels, or other parts have been altered, damaged, or otherwise so treated that the vehicle is incapable of being driven under its own motor power. "Inoperable motor vehicle" shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations nor to any motor vehicle that is kept within a building when not in use, nor to any operable historic vehicles over twenty five (25) years of age, nor to a motor vehicle on the premises lawfully engaged in the wrecking and junking of motor vehicles.
"Repair" means to take such action as is required to make an inoperable motor vehicle capable of being driven under its own power.
This Notice is dated this ________ day of________, 200________.
________
Signature
(C) Notice by certified mail pursuant to this section shall be accomplished if the Village receives a return receipt from the addressee or if the certified or regular mailing is returned "unclaimed" or "refused."
(D) In the event that a violation of Chapter 92.002 or 92.003 is not corrected within the time specified in the notice, or if there is a hearing, within five days after the hearing, the police department may proceed to tow and dispose of the inoperable motor vehicle in accordance with the procedures set forth in Chapter 4, Article II of Illinois Motor Vehicle Code, 625 ILCS 4-201 et seq., which is herein incorporated by reference.
(Ord. 01-029, passed 12-12-01; Ord. 03-002, passed 1-6-03)
92.004 Abandoned but not inoperable motor vehicles on private property.
Vehicles which are not inoperable, but which are abandoned in the sense of not having been moved for seven consecutive days or more and being apparently deserted, may be removed by the police department and otherwise dealt with in accordance with Article II of Section 4 of the Illinois Vehicle Code, but only if:
(A) The owner of the property on which the vehicle was abandoned is different from the owner of the vehicle; and
(B) The owner of the property on which the vehicle was abandoned requests the police department to take action; and
(C) If approved by the chief of police in his sole discretion.
(Ord. 01-029, passed 12-12-01; Ord. 03-002, passed 1-6-03)
92.005 Other remedies.
In addition to any other remedies, the corporate authorities may at any time instruct the village attorney to filing a lawsuit in the circuit court of Sangamon County, seeking any or all remedies available in the Illinois Municipal Code respecting abatement of nuisances. The corporate authorities may seek penalties in accordance with Section 92.007 of this chapter.
(Ord. 01-029, passed 12-12-01; Ord. 03-002, passed 1-6-03)
92.006 Parking of vehicles with expired registration stickers.
No person may stop, park, or leave standing upon a public street, highway, or roadway a vehicle upon which is displayed an Illinois registration plate or plates or registration sticker after the termination of the registration period for which the registration plate or sticker was issued or after the expiration date set by Section 3-314 or 3-314.1 of the Illinois Vehicle Code.
(Ord. 01-029, passed 12-12-01; Ord. 03-002, passed 1-6-03)
92.007 Penalties and remedies.
(A) Any person who violates or aids and abets in the violation of Section 92.002, 92.003 or 92.004 of this chapter shall be fined not less than two hundred and fifty dollars and no more than seven hundred and fifty dollars, plus the cost to the village of its attorney's fees and shall be required by the court to make a disposition on the abandoned, unclaimed, or inoperable vehicle. Each day a violation occurs shall constitute a separate offense.
(B) In addition to the remedies set forth in this chapter and in Article II of Chapter 4 of the Illinois Motor Vehicle Code, the village may bring a common law nuisance action against a person who is responsible for a nuisance as defined in this chapter, and in connection therewith, may seek all remedies available in law or equity in connection with such an action, and shall be entitled as part of the action to an award of its attorneys fees and costs.
(C) A person who violates section 92.006 of this chapter shall be fined the sum of twenty-five dollars for each violation. Each day a violation occurs shall constitute a separate offense.
(Ord. 01-029, passed 12-12-01; Ord. 03-002, passed 1-6-03)
Chapter 93 ------------
Prior ordinance history: Ord. 189.
------------
Sections:
93.001 Definition of "dangerous building."
93.002 Nuisance declared.
93.003 Abatement procedures.
93.004 Dangerous buildings prohibited– Occupancy of dangerous buildings prohibited– Fines for causing, permitting or maintaining dangerous buildings.
93.001 Definition of "dangerous building."
As used herein, the term "dangerous building" includes:
(A) Any building, shed, fence or other man-made structure which is dangerous to the public health because its construction, age, lack of proper repair or any other cause or condition which causes or aids or may cause or aid in the spread of disease, or the harboring and spread of rodents, insects or other vermin, or garbage, debris, and other hazardous, noxious, or unhealthy substances or materials, or which causes or may cause injury to the health of the occupants of it or of neighboring structures.
(B) Any building, shed, fence or other man-made structure which, because of faulty construction, age, lack of proper repair or any other cause, is especially liable to fire and constitutes or creates a fire hazard.
(C) Any building, shed, fence or other man-made structure which, by reason of faulty construction, age, lack of proper repair or any other cause, is liable to cause injury or damage by collapsing or fall of any part of such structure.
(D) Any building, shed, fence or other man-made structure which, because of it's condition or because of lack of doors or windows is available to and is frequented or may be frequented by malefactors or disorderly persons who are not lawful occupants of such structure or poses an attractive nuisance to children.
(Ord. 98-016, passed 4-20-98).
93.002 Nuisance declared.
Nuisance Declared: Any dangerous building in the village is hereby declared to be a nuisance. Pursuant to Section 11-31-1 of the Illinois Municipal Code, the president and the board of trustees of the village are empowered to demolish, repair, or enclose or cause the demolition, repair, or enclosure of dangerous and unsafe buildings or uncompleted and abandoned buildings within the territory of the village and may remove or cause the removal of garbage, debris, and other hazardous, noxious, or unhealthy substances or materials from those buildings.
(Ord. 98-016, passed 4-20-98).
93.003 Abatement procedures.
(A) Notice. Whenever the president and board of trustees of the village is of the opinion, based upon a viewing of the premises by the president, a trustee or any official of the village charged with enforcement. of building or zoning and an oral or written report to the president and board of trustees, that any building or structure in the village is a dangerous building, they may by resolution direct the village clerk to cause written notice to be served upon the owner thereof and upon the occupant thereof, if any, by certified mail, registered mail or personal service. Where, upon diligent search, the identity or whereabouts of the owner or owners of the building, including the lien holders of record, is not ascertainable, notice mailed to the person or persons in whose name the real estate was last assessed is sufficient notice under this section. Notice by certified or regular mail pursuant to this section shall be accomplished if the village receives a return receipt from the addressee or if the certified or regular mailing is returned "unclaimed" or "refused". Such notice shall state that the building has been declared to be in a dangerous condition, that such dangerous condition must be removed or remedied by repairing or altering the building or by demolishing it and that the condition must be remedied at once. Such notice may be, but is not required to be, in the following form:
To ________ (owner-occupant of the premises) of the premises known and described as ________.
You are hereby notified that pursuant to Ordinance No. ________ I "An Ordinance Relating to Dangerous Buildings" your building located at the above-described premises has been condemned as a nuisance and a dangerous building after inspection by ________.
The causes for this decision are (here insert the facts as to the dangerous condition).
You have fifteen (15) days from the date of service of this notice (which, in the case that this notice was mailed by certified or registered mail, is the date the notice was mailed) to remedy this condition or demolish the building immediately or the Village will proceed to take legal action to do so.
You may also be subject to a fine of not less than fifty dollars ($50.00) per day nor more than five hundred dollars ($500.00) per day for each day the building has been or shall remain in dangerous condition pursuant to Village Ordinance. In addition, the Village may further avail itself of all of the remedies set forth in Section 11-31-1 of the Illinois Municipal Code.
(B) Unknown Address of Owner. If the owner of the premises concerned is unknown or if his address is unknown, service of any notice provided for in this chapter may be made by posting a copy thereof on the premises and by publishing one time a copy thereof in a newspaper of general circulation within the village.
(C) Remedy of Condition. If the person receiving such notice has not complied therewith within fifteen days from the time when the notice is served upon such person by personal service, certified mail or posting and publication, the zoning administrator or other officer of the village directed by the president and board of trustees, may proceed to remedy the condition or demolish the dangerous building by filing a lawsuit in the circuit court seeking any or all remedies available under Section 11-31-3 of the Illinois Municipal Code, including but not limited to the following:
(1) For an order authorizing action to be taken by the village with respect to a building, including but not limited to, action to demolish, repair, or enclose the building or to remove garbage, debris, and other hazardous, noxious, or unhealthy substances or materials from the building, if the owner or owners of the building, including the lienholders of record, after at least 15 days' written notice by mail so to do, have failed to put the building in a safe condition or to demolish it;
(2) A fine as set forth in Section 93.004 of this code;
(3) An order requiring the owner or owners of record to demolish, repair, or enclose the building or to remove garbage, debris, and other hazardous, noxious, or unhealthy substances or materials from the building;
(4) A judgment against the owner or other person causing the dangerous condition for the payment of the village's costs and reasonable attorneys' fees in connection with the village's enforcement of this chapter.
It shall not be a defense to an action brought pursuant to this chapter that the building is boarded up or otherwise enclosed, although the court may order the defendant to have the building boarded up or otherwise enclosed.
(D) Additional Remedies. In addition to the actions authorized by this chapter, the village officials may proceed under any and all of the provisions of the Illinois Municipal Code, including Section 11-31-1, which authorizes imposition of a lien when the village is compelled to take action; and Section 11-31-2, which authorizes an injunction to require compliance with building, fire, health and safety standards.
(Ord. 98-016, passed 4-20-98).
93.004 Dangerous buildings prohibited– Occupancy of dangerous buildings prohibited– Fines for causing, permitting or maintaining dangerous buildings.
It shall be unlawful to maintain or permit the existence of any dangerous building in the village and it shall be unlawful for a record owner, occupant or person in custody of any dangerous building to permit the same to remain in a dangerous condition or to occupy such building or permit it to be occupied while it is or remains in a dangerous condition. Any person convicted of a violation of this section shall, upon conviction, in addition to the imposition of any of the other remedies contained in this chapter, be punished by imposition of a fine of not less than fifty dollars and not more than five hundred dollars per offense. Every day a building shall be maintained or permitted to exist in a dangerous condition shall constitute a separate offense.
(Ord. 98-016, passed 4-20-98).
Chapter 94 Sections:
Article I. Handbills
94.001 Attaching handbills, advertisements, etc. on utility poles.
94.002 Numbers on buildings required.
94.003 Duties of the zoning administrator.
94.004 Penalties.
94.999 Penalty.
ARTICLE I. 94.001 Attaching handbills, advertisements, etc. on utility poles.
No person, firm or corporation shall paste, paint, print, nail or attach, or cause to be pasted, painted, printed, nailed or attached, any handbill, signposter, advertisement or instrument of any kind, on any telegraph, telephone or electric light pole without the consent in writing of the owner thereof.
(Ord. 73, passed 5-8-50) Penalty, see § 94.999
94.002 Numbers on buildings required.
All owners or occupants of buildings now erected, or which may be erected, within the village of Riverton, are required to number their buildings in conformity with practices heretofore or hereafter established by the village, and the regulations of the zoning administrator in pursuance thereof. No owner or occupant of any building now erected, or hereafter to be erected, shall fail to number such building within thirty days of such building being erected, and no person shall number any building otherwise than in conformity with the provisions hereof, and the regulations of the zoning administrator.
(Ord. 97-005, passed 3– 3-97)
94.003 Duties of the zoning administrator.
It shall be the duty of the zoning administrator to establish and assign all building and lot numbers on the streets of the village. Lot and building numbers in existence as of the effective date of the ordinance codified in this section shall continue in effect, and if currently platted lots lack numbers, the zoning administrator shall assign numbers in conformity with the system in effect as of the date of said ordinance. Lots platted hereafter shall have their numbers established as soon as practicable after approval of any final plat. For lots platted after the date of said ordinance, the zoning administrator shall allow as far as practicable one number for each twenty feet of ground. The zoning administrator shall maintain records and maps of all lot and building numbers assigned by him. The zoning administrator shall, upon request, furnish to each owner or occupant of a building and lot with the necessary information as to the number belonging to the building and lot, and the quantity of the number and the size of the number and the placing thereon on the building. The zoning administrator may order the owner or occupant of any building lacking a number to place a number thereon. Any such order shall be in writing and shall be mailed by certified mail to the owner and to the occupant, shall designate the number assigned to the building, and shall designate a time, not less than thirty days after mailing, by which the number shall be placed on the building.
(Ord. 97-005, passed 3– 3– 97)
94.004 Penalties.
Any person who shall fail to comply with an order of the zoning administrator as set forth in Section 94.003 shall be liable for a fine of not less than one hundred dollars or more than five hundred dollars. Each day during which a building shall lack a number after the date designated in the zoning administrator's notice shall be a separate offense.
(Ord. 97-005, passed 3-3-97)
94.999 Penalty.
Whoever violates any provision of Section 94.001 shall be fined not less than five dollars nor more than two hundred dollars for each offense.
(Ord. 73, passed 5-8-50)
Chapter 95 Sections:
95.001 Definitions.
95.002 Creation and establishment of a village tree board.
95.003 Compensation.
95.004 Duties and responsibilities.
95.005 Operation.
95.006 Street tree species to be planted.
95.007 Spacing.
95.008 Distance from curb and sidewalks.
95.009 Distance from street corners and fireplugs
95.010 Utilities.
95.110 Public tree care.
95.120 Tree topping.
95.130 Pruning, corner clearance.
95.140 Dead or diseased tree removal on private property.
95.150 Removal of stumps.
95.160 Interference with village tree board.
95.170 Arborists, license and bond.
95.180 Review by village board.
95.190 Violations.
95.001 Definitions.
As used in this chapter:
"Street trees" means trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the village.
"Park trees" means trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the village, or to which the public has free access as a park.
(Ord. 94-029, passed 10-17-94).
95.002 Creation and establishment of a village tree board.
There is hereby created and established a village tree board for the Village of Riverton, Illinois, which shall consist of five members, who shall be appointed by the mayor, with the approval of the board Civic organizations are encouraged to make recommendations to the mayor for appointment of members to serve on the village tree board. Members shall be citizens and residents of the Village of Riverton.
(Ord. 94-029, passed 10-17-94).
95.003 Compensation.
Members of the board shall serve without compensation.
(Ord 94-029, passed 10-17-94).
95.004 Duties and responsibilities.
The village parks trustee shall act as chairperson for the tree board to assist it in carrying out its various responsibilities. The tree board shall study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such acceptance and approval shall constitute the official comprehensive tree plan for the Village of Riverton, Illinois.
(Ord. 94-029, passed 10-17-94).
95.005 Operation.
The board shall make its own rules and regulations pertaining to its meeting, and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.
(Ord. 94-029, passed 10-17-94).
95.006 Street tree species to be planted.
The following list constitutes the official street tree species for the Village of Riverton, Illinois. No species other than those included in this list may be planted as street trees without written permission of the village tree board.
MUNICIPAL RETAILERS' OCCUPATION TAX
MUNICIPAL SERVICE OCCUPATION TAX
INOPERABLE AND ABANDONED VEHICLES
UNSAFE AND DANGEROUS BUILDINGS*
MISCELLANEOUS
HANDBILLS
TREE BOARD AND REGULATIONS
| Small Trees | Medium Trees | Large Trees |
| Apricot | Ash, Green or White | Coffeetree, |
| Crabapple | Hackberry | Kentucky |
| Flowering (SP) | Honeylocust | Maple, Red |
| Golden Rain Tree | (thornless) | Maple, Silver |
| Hawthorne (SP) | Linden or Basswood | Maple, Sugar |
| Pear, Bradford | (SP) | Oak, Bur |
| Redbud | Mulberry, Red | Sycamore |
| Soapberry | (fruitless, male) | Sycamore, London |
| Lilac, Japanese | Oak, English | planetree |
| Tree | Oak, Red | Oak, White |
| Peach, Flowering | Pagodatree, Japanese | Walnut, Black |
| Plum, Purpleleaf | Pecan | |
| Serviceberry | Birch | |
| Dogwood | Osageorange | |
| (thornless, male) | ||
| Persimmon | ||
| Poplar, White | ||
| Sassafrass | ||
| Oak, Pin | ||
| Tulip |
(Ord. 94-029, passed 10-17-94).
95.007 Spacing.
The spacing of street trees will be in accordance with the three species size classes listed in Section 95.006, and no trees may be planted closer together than the following: small trees - twenty-five feet; medium trees - thirty-five feet, large trees - forty feet, except in special plantings, which shall be subject to the approval of the village tree board.
(Ord. 94-029, passed 10-17-94).
95.008 Distance from curb and sidewalks.
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in Section 95 006, and no trees may be planted closer to any curb or sidewalk than the following: small trees - two feet; medium trees - three feet; and large trees - four feet.
(Ord. 94-029, passed 10-17-94).
95.009 Distance from street corners and fireplugs.
No street tree shall be planted closer than thirty-five feet from any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than ten feet from any fireplug.
(Ord. 94-029, passed 10-17-94).
95.010 Utilities.
No street trees other than those species listed as small trees in Section 95.006 may be planted under or within ten lateral feet of any overhead utility wire pole or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility. No street tree may be planted within ten lateral feet of any utility pole.
(Ord. 94-029, passed 10-17– 94).
95 110 Public tree care.
The village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety, or to preserve or enhance the symmetry and beauty of such public grounds.
The village tree board may request the public works department to remove any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest This section does not prohibit the planting of street trees of adjacent property owners provided that the selection and location of said trees is in accordance with this section and Section 95.006.
(Ord. 94– 029, passed 10– 17– 94).
95.120 Tree topping.
It shall be unlawful as a normal practice for any person, firm or village department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions may be exempted from this chapter at the determination of the tree board.
(Ord. 94-029, passed 10-17-94).
95.130 Pruning, corner clearance.
Every owner of any tree overhanging any street or right-of-way within the village shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The village shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign.
(Ord. 94-029, passed 10-17-94).
95.140 Dead or diseased tree removal on private property.
The village shall have the right to cause the removal of any dead or diseased trees on private property within the village, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the village.
(Ord. 94-029, passed 10-17-94).
95.150 Removal of stumps.
All stumps of street and park trees shall be cut to at least six inches below the surface of the ground. The soil cavity shall be filled with soil and the area leveled.
(Ord. 94-029, passed 10-17-94).
95.160 Interference with village tree board.
It shall be unlawful for any person to prevent, delay or interfere with the village tree board, or any of its agents, when engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street tree, park trees, or trees on private grounds, as authorized by this chapter.
(Ord. 94-029, passed 10-17-94).
95.170 Arborists, license and bond.
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the village, without first applying for and procuring a license. The license fee shall be twenty-five dollars annually in advance; provided, however, that no license shall be required of any public service company or village employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of fifty thousand dollars for bodily injury and one hundred thousand dollars property damage indemnifying the village or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
(Ord. 94-029, passed 10– 17– 94).
95.180 Review by village board.
The Riverton village board shall have the right to review the conduct, acts and decisions of the village tree board. Any person may appeal from any ruling or order of the village tree board to the Riverton village board who may hear the matter and make the final decision.
(Ord. 94-029, passed 10-17-94).
95.190 Violations.
Any person or persons ultimately determined to be responsible for the violation of this chapter shall be liable for the expense and costs incurred by the village in abating the violation.
(Ord. 94-029, passed 10-17-94).