Proposed Ordinance's

2008-12-10 At the last board meeting the Board passed and ordinance that I proposed that required developers to install street lights at the time the subdivision is constructed. This will will save the Village about $3000.00 that we currently spend on each light. I would also like to propose that we require the developer put solar street lights in which will save on the village the monthly cost of power. This modification to the ordinance will be coming to the board shortly.

This was passed with modifications to the multi family allowanse being restricted
Village of Roscoe
ORDINANCE NO. 2008-XX

AN ORDINANCE CREATING § 155.052 OF THE VILLAGE OF ROSCOE CODE
OF ORDINANCES REGARDING THE ZONING OF CERTAIN RESIDENTIAL
PROPERTY LYING WITHIN THE VILLAGE AS MASTER RESIDENTIAL
DISTRICT

WHEREAS, §155 of the Village of Roscoe’s Code of Ordinances establishes regulations for zoning certain property within the boundaries of the Village; and

WHEREAS, the Village of Roscoe desires to create regulations for a new residential zoning district to be named the Master Residential District; and

WHEREAS, the Village of Roscoe is authorized and empowered by statute to amend and enforce the provisions of this Ordinance.

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ROSCOE, WINNEBAGO COUNTY, ILLINOIS AS FOLLOWS:

1) §155.052 of the Village of Roscoe Code of Ordinances is hereby created and shall read as follows:

§ 155.052 MASTER RESIDENTIAL DISTRICT.

(A) Purposes. In addition to those prescribed in § 155.001 of the Code of Ordinances of the Village, the Master Residential District has the following special purposes:

(1) To encourage the development of unique residential projects which may incorporate a variety of single family, two family and multi-family residential buildings;

(2) To encourage walkable, cluster-style residential developments that complement natural site characteristics, open space, and neighborhood amenities;

(3) To foster residential developments which take advantage of the governance options available through Homeowners’ Associations or the Condominium Property Act of the State;

(4) To encourage the application of smart growth principles by locating residential developments in close proximity to commercial districts, park and open space facilities, and pedestrian and bicycle networks;

(B) Required Conditions. All uses shall comply with the regulations prescribed in Article II, General Provisions of the Zoning Ordinance of the Village.

(1) Minimum site size 19,800 square feet;

(2) No use shall be permitted and no process, equipment, or material shall be employed which is found by the Village Board of Trustees to be objectionable to persons residing or working in the vicinity by reason of odor, insect nuisance, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness, or traffic, or to involve any hazard of fire or explosion;

(3) A minimum of four thousand four hundred (4400) square feet of land area per dwelling unit is required. For purposes of computing the land area per dwelling unit in any Master Residential District, the land area of the district excluding any roadways, shall be divided by the number of dwelling units so that open space in the district which is available for the common use of the property owners or the public is taken into account;

(4) The Master Residential District may include multiple residential buildings on a zoning lot. In addition to the yards and setbacks established in Section 5 below, the following setbacks (determined without regard for decks or patios) between buildings shall be required:

Side to Side: A minimum of twelve (12) feet is required.

Side to Back: A minimum of twenty (25) feet is required.

Front to Front: A minimum of fifty (50) feet is required.

Front to Side: A minimum of thirty (25) feet is required.

Front to Back: A minimum of fifty (50) feet is required.

Back to Back: A minimum of forty (40) feet is required.

All setbacks shall be increased by one (1) foot for every increase of four feet in height, if the building is greater than twenty-five (25) feet in height.

(5) In the event that a building is adjacent to a public street or a private
street, the setback from the street shall be determined under Section 5 below;

(6) A minimum of two parking spaces in a garage or equivalent enclosed, secured building area shall be provided on the zoning lot for each dwelling unit on the lot.

(C) PERMITTED USES: The following uses shall be permitted uses:

(1) Single Family dwellings;

(2) Two-family dwellings;

(3) Multi-family dwellings;

(4) Home occupations conducted in accord with the regulations prescribed in Article XV of the Zoning Ordinance of the Village;

(5) Accessory structures located on the same site with a permitted use including common garages and carports, one guest house or accessory living quarters without a kitchen, storehouses, garden structures, greenhouses, recreation rooms and community buildings, pool houses with bathing facilities, and hobby areas within an enclosed structure;

(6) Swimming pools, basketball, volleyball and tennis courts, parks and playgrounds and picnic areas for the benefit of dues paying members of the project’s overriding homeowner or condominium owners’ association provided that no swimming pool or accessory mechanical equipment or equipment structures with bathing facilities, basketball, volleyball and tennis courts, parks or playgrounds or picnic areas shall be located less than 10 feet from a property line.

(7) Civic Uses.

(8) Senior Housing and Community Based Housing Projects

(D) Special Uses. The following special uses shall be permitted upon the granting of a Special Use Permit, in accordance with the provisions of Article XIX of the Zoning Ordinance of the Village.

(1) Lodging houses in which not more than 15 paying guests may be lodged or boarded;

(2) Churches, convents, monasteries, parish houses, parsonages, and other religious institutions;

- (3) Public golf courses, public parks and playgrounds;

(4) Hospitals, sanitariums, and nursing homes, not including hospitals, sanitariums,or nursing homes for mental, drug addict, or liquor addict cases;

(5) Daycare facilities and nursery schools;

(6) Private recreation parks and swim clubs open to membership outside the homeowner or condominium owners’ association;

(7) Public and parochial schools and colleges;

(8) Public utility, public facility, and public services; pumping stations, power stations, related equipment buildings and installations drainage ways and structures, storage tanks, found necessary by the village board to be necessary for the public health, safety or welfare;

(9) Accessory structures and uses located on the same site as a special use;

(10) Bed and breakfast; boarding houses; and hotel, motel and lodging houses;

(11) Community service organizations.

(E) Setback and Yard Requirements. After the effective date of this ordinance, no building or structure shall be erected or structurally altered on any lot in the Master Residential District, unless the following setbacks are provided and maintained in connection with such building or structure:

Front--Public. No building or structure shall be located at a distance from the adjacent right of way of a public street that is less than twenty-five feet from the adjacent right-of-way; provided, however, that in the event that the adjacent right of way is greater than 60 feet, the required setback shall be forty per cent (40%) of the width of the adjacent right-of-way with a maximum of forty (40) feet. For buildings exceeding twenty-five (25) feet in height, the minimum front setback shall be increased by one (1) foot for each four (4) feet by which the building height exceeds thirty-five feet.

Front--Private. No building or structure shall be located at a distance from an adjacent private street which serves other buildings that is less than thirty feet from the adjacent private street pavement. For buildings exceeding twenty-five (25) feet in height, the minimum front setback shall be increased by one (1) foot for each four (4) feet by which the building height exceeds thirty-five feet.

Side. No building or structure shall be located closer than 15 feet to the side lot line of the lot, except where the side yard adjoins a public or private street, the side setback shall be the same as the required front yard.

Rear. No building or structure shall be located closer than twenty-five (25) feet from the rear lot line of the lot.

(F) Dedication of Parklands or Payment of Fees. Project common space dedicated by recorded covenants including but not limited to land areas for green space, recreational paths, swimming pools, basketball, volleyball and tennis courts, parks and playgrounds and picnic areas for the benefit of dues paying members of the project’s overriding homeowner or condominium owners’ association shall be credited as private open space consistent with the conditions of article VI of the Subdivision Ordinance.

(G) Statement of Intent. A statement of intent for a proposed project with in a Master Residential District shall be filed in the Zoning Office. The statement of intent shall include all of the information required in an application for a special use permit and the following:

The kind, location, capacity, uses, and conceptual elevations of proposed structures and other improvements;

Proposed finished topography;

Any provisions for automobile parking and loading;

Provisions for ingress and egress from the site, internal circulation, and emergency vehicle access and circulation.

Sidewalks, bikeways, walking paths, and similar matters;

Open space and recreation areas.

The statement of intent shall include a written statement describing the proposal, including a description of how the proposed development relates to the natural and man-made features and developments in the immediate and surrounding area.

(H) Roadways.

(1) For the purposes of this Section, a Roadway shall be defined as a public or private improvement(s) for the circulation and/or access open to the public for the purpose of vehicular traffic; not including driveways.

(2) Private streets, if approved, would need to be constructed to the same specifications as public streets.

(3) Boulevards may be permissible with the approval of the Village Board in a Master Residential District so long as the boulevard improvements are dedicated by recorded covenants as common space. Maintenance of boulevards shall be the sole responsibility homeowner or condominium associations and shall be constructed to the same specifications as public streets.

2) All other portions of the Village Code of Ordinances shall remain unaffected.

3) Any portion of any other ordinance in conflict with this ordinance is hereby expressly repealed to the extent of the conflict.

4) All other portions of the Code of Ordinances of the Village of Roscoe shall remain in full force and effect.

5) This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law.

PASSED AND APPROVED by the Board of Trustees of the Village of Roscoe this _____ day of January, 2008.

___________________________

VILLAGE PRESIDENT

ATTEST:

___________________________
VILLAGE CLERK

VILLAGE OF ROSCOE

ORDINANCE NO. ___________________

AN ORDINANCE AMENDING CHAPTER 90 OF HE CODE OF ORDINANCES
OF THE VILLAGE OF ROSCOE

ADOPTED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES

OF THE VILLAGE OF ROSCOE ILLINOIS

THIS _____DAY OF__________, ,2007

PASSED by the Village Board this _____ day of _________, ,2007

APPROVED:
__________________________
VILLAGE PRESIDENT

ATTEST:
___________________________
VILLAGE CLERK

PASSED:

ORDINANCE NO.

AN ORDINANCE AMENDING CHAPTER 90 OF THE CODE OF ORDINANCES OF
THE VILLAGE OF ROSCOE. ILLINOIS
            WHEREAS, pursuant to 65 ILCS 5/11-60-2 and other statutory provisions, the Village of Roscoe is authorized and empowered to adopt and enforce the provisions of this Ordinance; and
            WHEREAS, Chapter 90 of The Code of Ordinances of the Village of Roscoe,
Winnebago County, Illinois (“Village”) governs animals and animal control (“Chapter”); and
            WHEREAS, the Village desires to modify the existing Chapter; and
            WHEREAS, the Village has now determined that, among other considerations, allowing animals to be bred and kept for sale or trade within any households located in the Village will result in certain health, sanitation and odor characteristics that are offensive to neighboring residents and incompatible with surrounding residential occupancy and the maintenance of a sanitary and sound residential environment; and
            WHEREAS, in an effort to meet the Village’s determinations as set forth above and to promote joint cooperation and concurrent control over any animals kept within the Village with the County of Winnebago, Illinois, the Village has now determined that amendment of the Chapter is in the best interest of the residents of the Village.
NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF THE VILLAGE OF ROSCOE, WINNEBAGO COUNTY, ILLINOIS AS FOLLOWS:
1.                The foregoing recitals are incorporated herein as findings of the Corporate Authorities of the Village
2.                That Chapter 90 of The Code of Ordinances of the Village of Roscoe is hereby deleted in its entirety and restated as identified in Exhibit “A”, attached hereto and incorporated herein.
3.                The provisions and Sections of this Ordinance shall be deemed severable, and the invalidity of any portion of this Ordinance shall not affect the validity of the remainder.
4.                All orders, resolutions, or Ordinances in conflict herewith are hereby repealed insofar as such conflict exists, and this Ordinance shall take effect immediately upon its passage, approval, and publication, as required by law.
5.                5. A full, true and complete copy of this Ordinance shall be published within the time prescribed by law.
EXHIBIT “A”
IN GENERAL
§ 90.001 Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
Bird includes warm-blooded, two-legged, egg laying vertebrates with feathers and wings.
Bite means seizure with the teeth or jaws of an animal so that the skin of the human being or animal has been gripped, pierced or broken.
            Cat means all members of the feline family (Felis Cams).

           Code Enforcement Officer is a designee of the Village, including but not limited to County Animal Services who may enforce the provisions contained in this Chapter, and has the power and authority to issue and serve citations for any violation of this Chapter. Whenever such term is used in this Chapter, it shall mean the Code Enforcement Officer or his or her designee.
            County means Winnebago County or, where applicable, Boone County, State of Illinois.
            Dangerous Animal means any animal listed in § 90.013 herein, as may be amended from time to time.
            Dog includes all animals, regardless of sex, of the canine species (Canis Familiaris).
            Domestic Animal means any animal, except a Farm Animal or Dangerous Animal, which has been domesticated so as to be kept in a tame condition as a household Pet or guardian.
            Domestic Animal at Large means any animal that is not leashed and under the control of the Owner or a responsible Person over fourteen (14) years of age. If the animal is on the Owner’s property, it is at large if it is not contained on the property by means of an invisible fence at all times able to Contain the Domestic Animal within the confines of the Owner’s property, along with appropriate signage, fence, chain, Owner’s direct supervision, Leash or other visible means of restraint sufficient to protect pedestrians on public property.
            Euthanasia means death brought about by any medically recognized method that produces instant loss of consciousness and results in painless death.
            Farm Animal includes horses, ponies, mules, bison, cattle, goats, sheep, swine, potbelly pigs or any other hoofed animals and Fowl, for no matter what purpose such animal is kept.
            Feral Cat Caretaker is any person or organization that cares for and feeds feral cats within the Village.
            Fowl includes the larger, domesticated Birds used as food, including chickens, ducks, emus, geese, peafowl, ostriches and turkeys.
            Humane Society is any not-for-profit corporation chartered under the laws of the State of Illinois for the object of animal welfare and humane treatment.
            Kennel means any establishment wherein any Person engages in the business of boarding, building, buying, grooming, letting for hire, training for a fee or selling Dogs; provided, however, that the ownership of Dogs which are a part of the household shall not constitute the operation of a Kennel. Kennel shall not include any animal control and care facility, any Kennel, pound or training facility operated by any subdivision of local, state or federal government, any Humane Society or Veterinary Hospital.
            Leash means a cord, rope, strap, chain or other device not to exceed six (6) feet in length that is commercially produced and whose primary purpose is the restraint of Domestic Animals, and which is securely fastened to the collar or harness of a Dog or other animal and which shall be of sufficient strength to keep such Dog or animal under control.
            Other Enterprise means any public or private animal attraction or exhibition staged temporarily or permanently, with or without charge to viewers, in compliance with applicable ordinances of the Village, statutes of the State of Illinois and federal laws, including but hot limited to zoos, circuses, pony rides, rodeos, Dog shows, Cat shows, livestock exhibitions, horse shows, other shows or expositions utilizing or displaying animals, and businesses of any kind that place animals on display to the public for promotion or advertising purposes.
            Owner means any Person having a right of property in an animal, or who keeps or harbors any animal, or for purposes of this Chapter, who has an animal in his care or custody or acts as its custodian, or who knowingly permits it to remain on or about any premises owned or occupied by him.
            Person means any individual, firm, corporation, partnership, association or other legal entity.
            Stray Animal means any animal not under restraint and not in the presence of its Owner.
            Trap means to capture, or attempt to capture, by setting or placing a leg hold Trap, cushion-hold Trap, body-gripping Trap, cage or box Trap, spring Trap, dead/fall Trap, pit/Trap, snare or other similar device to capture, hold or kill any animal.
            Veterinarian means a practicing Veterinarian licensed by the State of Illinois.
            Veterinary Hospital means any establishment maintained and operated by a licensed Veterinarian for diagnosis, treatment and/or surgery of diseases and injuries of animals.
            Vicious Animal is any Domestic Animal that bites or attacks, or which is known to have bitten or attacked a human being or other animal, without provocation and where such human being or animal is lawfully entitled to be. Once an animal has been declared to be a Vicious Animal, the designation remains for the life of the animal.
§ 90.002 Jurisdiction and Authority. The Animal Services Division of Winnebago County, Illinois and/or Boone County, Illinois has express authority to enforce the provisions of this Chapter and to charge and collect any fines and fees as may be adopted from time to time by the County Board, as set forth in the County Code of Ordinances. The Village may concurrently enforce the provisions of this Chapter.
PUBLIC NUISANCES DECLARED.
§ 90.003 Limit on Type and Number of Animals within the Village
(a)        With the exception of any districts zoned UT, only Domestic Animals shall be allowed to be kept within any household or building or on any real property located in the Village.
(b)        There shall be a maximum limitation per household or building located within the Village of three (4) Domestic Animals, excepting households previously lawful on the effective date of this amendatory ordinance and so continuing; provided however, that any newborn Domestic Animals born from the same litter shall be allowed to remain in the household despite the limitation of this Section for up to four (4) months from the date of birth. The Code Enforcement Officer or his or her designee may impound immediately every animal exceeding the limit per household.
(c)        Any violation of this Section is hereby declared to be a public nuisance and each day this Section is violated shall constitute a separate offense.
(d)        Notwithstanding subsection (a) of this Section, there shall be no limitation on the maximum number of Domestic Animals allowed to be kept in any building located in a district zoned for commercial use if such animals are kept pursuant to any of the following activities: i) veterinarian services by licensed veterinarians; ii) Dog or Cat grooming services; an operator of a kennel, cattery or pet shop licensed under the Animal Welfare Act (225 ILCS 605); iii) a private not-for-profit animal sanctuary; or iv) scientific/research labs.
§ 90.004 Registration of Dogs and Cats. A County Dog or Cat license shall be obtained where required by the County and the County shall have the express authority to license and register every Dog or Cat owned by any Person who owns, keeps or harbors a Dog or Cat within the Village. Every Person who owns, keeps or harbors a Dog or Cat within the limits of the Village shall, within thirty (30) days of acquisition of the Dog or Cat, and annually on such date as may be determined by the County Treasurer, register the Dog or Cat or cause it to be registered for a license with the County and obtain a license tag as evidence of such registration. License tags shall be displayed and/or attached to the collar of the registered Dog or Cat at all times.
§ 90.005 Animal Dealers License.
            (a)        No Person shall engage in the business of buying, selling, exchanging, breeding, dealing, training or boarding of Birds, Dogs, Cats or other small animals customarily kept as household pets, or used for domestic purposes, without first having obtained an animal dealer’s license from the State of Illinois in accordance with the Animal Welfare Act, (225 ILCS 605) and all other licenses or permits required for such activity pursuant to any applicable local, state or federal laws.
            (b)        Permissible Districts. Persons issued any animal dealers licenses by the State of Illinois shall deal, breed, board or train such animals only from properties zoned either CG or CR and by receipt of a special use permit in certain Industrially-zoned districts, as set forth in the Village’s Zoning Code, as may be amended from time to time. No Person shall be allowed to deal animals from any district zoned for residential use.
            (c)        Application. An application for an animal dealer’s license shall be made in conformity with the requirements of 225 ILCS 605 /3
    90.005.a Feral Cat Caretakers.
            (a)        Feral cat caretakers must register with the Roscoe Police Department and are required to have all animals in there care Spade or neutered and receive all shots required of any domestic cat in the village..
§ 90.006 Canine Unit Exemption. Trained police Dogs utilized by an official law enforcement agency and assigned to a sworn peace officer as part of a canine team/unit shall be exempt from all provisions of this Chapter as well as any applicable provision of any other Chapter of this Code.
§ 90.007 Rabies Inoculation.
            (a)        Every Owner Or Caretaker of a Dog or Cat four (4) months of age or older shall, each year, cause such Dog or Cat to be inoculated against rabies by a licensed Veterinarian in accordance with the requirements of 510 ILCS 5/8, and provide the Dog or Cat with a collar or harness and attach thereto an official rabies vaccination tag which shall be worn by the Dog or Cat at all times.
            (b)        Any Dog or Cat which is not inoculated against rabies as required herein is hereby declared to be a public nuisance and such Dog or Cat may be apprehended and impounded upon the order of the Code Enforcement Officer or his or her designee.

§ 90.008 Rabies-Infected Animals.
            (a)        Any animal infected from rabies is hereby declared to be a public nuisance and such animal may be destroyed by the Code Enforcement Officer or his or her designee, or by any police officer if such animal cannot be safely apprehended and impounded, to the extent authorized by law.
            (b)        It shall be the duty of every Owner of an animal thought to be infected with rabies to immediately report the infection to the Code Enforcement Officer, or his or
her designee, and to follow the requirements set forth in 510 ILCS 5/12 for any such infection.
            (c)        It shall be the duty of every Person who discovers any animal thought to be infected with rabies, or who discovers that any Person or animal has been bitten by any animal thought to be suffering from rabies, to report such fact immediately to the Code Enforcement Officer or his or her designee.
§ 90.009 Domestic Animals at Large.
            (a)        No Person who owns, keeps or harbors a Domestic Animal shall cause or permit such animal to run at large within the Village. Any Domestic Animal running at- large is hereby declared a public nuisance, whether currently licensed or not, and may be promptly impounded as provided in this Chapter.
            (b)        Persons who utilize ‘invisible fencing” to contain any Domestic Animal must display prominently on their property immediately adjacent to the public right-of- way a sign which indicates that any Domestic Animal located thereon is contained by way of “invisible fencing”. Invisible fencing installed after the effective date of this Ordinance, must be at all times able to confine the Domestic Animal within the boundaries of the Owner’s property.
            (c)         All Feral cats which are be cared for by a caretaker are allowed to run free as long as they are managed by the caretaker and marked by tipping the right ear. If the feral cat becomes a nuisance it can be impounded.
§ 90.010 Animal Disturbing the Peace.
            (a)        It shall be unlawful for the Owner or any Person who keeps or harbors any animal, or for any Person who has the power or authority to prevent same, to suffer or permit any such animal to bark, howl, cry or make any other noise which unreasonably disturbs the peace and quiet of any place, family, Person or neighborhood in the Village. Such disturbance of the peace is a public nuisance, and it shall be unlawful for any Person to suffer or permit such nuisance to exist on their property.
            (b)        This Section shall not apply to a properly zoned and constructed Kennel, animal hospital or pound.
§ 90.011 Nuisance Feeding Prohibited. The feeding of any animal by any means, including hand feeding or the placing or setting out of food to be left attended or unattended, which creates or has the potential to create a hazard to public health or safety is hereby declared to be a public nuisance and to be unlawful. This section does not apply to feral cat caretaker feeding.
§ 90.012 Bites and Attacks, Vicious Animals.
            (a)        Bites and attacks. It shall be the duty of every Owner of an animal to prevent such animal from biting or attacking any Person, animal or property of another. Any animal that, without provocation, bites or attacks any Person, animal or property of another is hereby declared to be a public nuisance. It shall be the duty of any Person who has been bitten, or having knowledge of a Person being bitten, scratched or otherwise injured so as to cause abrasion to the skin of such Person being bitten or scratched by any animal kept within the Village, to report the incident to the police department or Code Enforcement Officer as soon as reasonably possible, giving the name and address of the Owner of such animal, the license number of the animal, if ascertainable, and the time and place of the incident.
            (b)        Vicious Animals. It shall be unlawful to keep or harbor in the Village any Vicious Animal unless the Owner of such Vicious Animal complies with the requirements of 510 ILCS 5 et al., as may be amended from time to time.
§ 90.013 Dangerous Animals.
            (a)        No Person shall own, keep or harbor within the Village:
                        (1)        Any snake, reptile or lizard that is physically capable of causing serious bodily injury to any Person or animal, regardless of age, by bite, poison, constriction or other means;
                        (2)        any lion, tiger, cougar, jaguar, panther, bobcat, mountain lion, lynx, ocelot, leopard, any hybrid thereof or any other similar feline animal, bear or any exotic animal not native to the North American continent and which when full grown normally attains a weight in excess of two hundred (200) pounds;
                        (3)        any wolf, coyote, jackal, fox, wild dog, or hybrid thereof;
                        (4)        any squirrels, opossums, raccoons or skunks;
                        (5)        any birds of prey;
(6)        any monkey, gorilla, chimpanzee or other similar ape-like primate;
(7)        any bees, wasps, or hornets;
                        (8)        Farm Animals;
                        (9)        any other animals not allowed to be owned, kept or harbored under                              any applicable local, state or federal law
            (b)        Any animal listed in subsection (a) is declared, a public nuisance, and may be removed in accordance with this Chapter.
            (c)        This Section shall not apply to properly zoned and constructed zoos, animal shelters, Veterinary Hospitals, pounds, federally licensed exhibits, circuses, animal refuges, scientific or research laboratories of educational or other licensed institutions, or Other Enterprises.
            (d)        Each day any Dangerous Animal is kept in violation of this Section shall constitute a separate offense. It is no defense to a violation of this Section that the Owner or keeper of any such animal which is prohibited in this Section has attempted to domesticate such animal.
            (e)        Notwithstanding the foregoing, in the discretion of the Village Board, written permission may be granted upon application for a special and limited purpose to have a Dangerous Animal(s) present in the for the following limited purposes:
                        (1) petting zoos;
                        (2) pony rides;
                        (3) zoos;
                        (4) circus;
                        (5) animal exhibits
            (f)         Any such Dangerous Animal found to be within the Village may be apprehended and impounded by the Code Enforcement Officer or his or her designee. The disposition of such animal covered by this Section shall be in accordance with the provisions of state law.
§ 90.0 14 Confinement of Animals in Heat. The Owner of any domesticated animal in heat shall not keep, harbor or otherwise maintain such animal in such a manner as to constitute a public nuisance in the Village, unless the same is confined in a boarding Kennel, Veterinary Hospital or the Owner’s house during the entire period such animal is in heat; except that it shall be lawful for a Domestic Animal in heat to be walked if the animal remains on a Leash and is not permitted to run at large. Any animal in heat not so confined is hereby declared to be a public nuisance and may be apprehended and impounded by the Code Enforcement Officer or his or her designee.
§ 90.015 Owner’s Responsibility for Removal of Excreta. The Owner of every animal shall be responsible for the removal and sanitary disposition of exereta deposited by his
animal anywhere in the Village. When accompanying the animal outside his property, the Owner shall have on his Person suitable means for the removal of such excreta which must then be placed in a refuse container for sanitary removal.
§ 90.0 16 Removal of Dead Animals.
            (a)        Any Person who kills an animal on the streets of the Village or who witnesses any animal being killed on the streets of the Village shall report such killing to either County Animal Services or the Village Police Department as soon as reasonably possible.
            (b)        Every animal Owner must within a reasonable amount of time notify County Animal Services or the Village Police Department upon the death of any animal it so owns, or must properly dispose of such animal.
HUMANE TREATMENT OF ANIMALS.
§ 90.017 Humane Care for Animals. Every Owner shall provide for each of his animals:
(a)        Sufficient quantity of good, wholesome, food and water;
(b)        Adequate shelter and protection from weather conditions;
(c)        Veterinary care when needed; and
(d)        Humane care and treatment.
§ 90.018 Cruelty to Animals Prohibited.
            (a)        No Person or Owner shall treat any animal cruelly in any manner, including, but not limited to the following:
                        (1)        By overloading, overdriving, overworking, hitting, engaging in sexual contact, torturing, tormenting, or mutilating any animal, or cause or knowingly allow the same to be done;
                        (2)        By cruelly working any old, maimed, infirm, sick or disabled animal, or cause or knowingly allow same to be done;
                        (3)        By failing to provide any animal in his care or custody with proper food, water, air and sanitary shelter. Such shelter to be sufficient to provide adequate bedding and protection from the weather, and space within sufficient for the animal to stand in an upright position, and lie down stretched out so that no part of its body need touch the sides of the shelter structure. Animals kept in an outside enclosure must have sufficient space for movement and exercise according to the animal’s size and weight;
                        (4)        By failing to provide necessary veterinary attention to sick animals in need which are in any Persons care or custody;
                        (5)        By abandoning any animal where it may become a public charge or may suffer injury, hunger or exposure;
                        (6)        By carrying, keeping, driving or causing to be carried, driven or kept, any animal in a cruel manner;
                        (7)        By leaving or confining any animal in a motor vehicle, trailer or other enclosure in such a manner that it places the animal in a life or health threatening situation due to exposure to heat or cold, without sufficient ventilation or other protection from such heat or cold, or for a period of more than one (1) hour;
                        (8)        By intentionally wounding or killing, or attempting to wound or kill, or by intentionally and knowingly poisoning or causing to be poisoned, any animal with the exception of insects, snakes, squirrels, skunks, gophers, chipmunks, bats, small birds, rats or mice located or found within any household, garage, shed or other fully enclosed structure located on a Person’s property;
                        (9)        By tethering any animal to a fixed object unless such chains, ropes or Leashes are so placed or attached that they cannot become entangled with another animal or object, and shall be of sufficient length in proportion to the size of the animal to allow the animal proper exercise and convenient access to food, water and shelter. Such tethering shall be located so as not to allow such animal to trespass on public property or private property belonging to others, nor in such a manner as to cause harm or danger to Persons or other animals. Only commercially produced products whose primary purpose is the restraint of Domestic Animals may be used to tether, Leash or otherwise restrain an animal.
                        (10)      By transporting an animal on any public thoroughfare in any vehicle unless such animal is totally enclosed within such vehicle.
            (b)        If the Owner cannot be located after reasonable search, or if the Owner shall be known to be absent due to illness, incarceration or other circumstance, the animal may be removed by the Code Enforcement Officer and impounded until such time said Owner may be located and able to redeem the animal. The Owner shall be held strictly liable for all expenses incurred.
§ 90.0 19 Animals Used for Entertainment Prohibited Acts.
(a)        No Person shall own, capture, breed, train or lease any animal which he or she knows or should know is intended for use in any show, program or other activity featuring or otherwise involving a fight between such animal and any other animal or Person, or the intentional killing of any animal for the purpose of sport, wagering or entertainment.
            (b)        No Person shall promote, carry on, advertise, collect money for or in any other manner assist or aid in the presentation for purposes of sport, wagering or entertainment, any show, program or other activity involving a fight between two (2) or more animals/Persons or the intentional killing of any animal.
            (c)        No Person shall sell or offer for sale, ship, transport or otherwise move or deliver, or receive any animal which he or she knows or should know has been captured, bred or trained, or will be used to fight another animal or be intentionally killed, for the purpose of sport, wagering or entertainment.
            (d)        No Person shall manufacture for sale, shipment, transportation or delivery any device or equipment which that Person knows or should know is intended for use in any show, program or other activity featuring or otherwise involving a fight between two (2) or more animals or the intentional killing of any animal for purposes of sport, wagering or entertainment.
            (e)        No Person shall sell or offer for sale, ship, transport or otherwise move any equipment or device which such Person knows or should know is intended for use in connection with any show, program or activity featuring or otherwise involving a fight between two (2) or more animals or the intentional killing of any animal for purposes of sport, wagering or entertainment.
            (f)         No Person shall make available any site structure or facility, whether enclosed or not, which he or she knows or should know is intended to be used for the purpose of conducting any show, program. or other activity involving a fight between two (2) or more animals or the intentional killing of any animal.
            (g)        No Person shall attend or otherwise patronize any show, program or other activity featuring or otherwise involving any animals or the intentional killing of any animal for the purposes of sport, wagering or entertainment.
§ 90.020 Trapping of Animals Prohibited. It shall be a violation of this Chapter for any Person to Trap, attempt to Trap or aid and abet any Person in trapping any animal, provided, however, that this Section shall not apply to any authorized Village employee acting in the course of his/her official duties, or any other Person so authorized in writing by the Code Enforcement Officer, and shall not apply to any appropriately licensed animal trapper.

IMPOUNDMENT
§ 90.02 1 Authority of Code Enforcement Officer. The Code Enforcement Officer and/or such employees as he or she may designate for that purpose, is authorized to impound animals wherever impoundment is called for in this Chapter.
§ 90.022 Disposition of Unclaimed Animals.
            (a)        If an impounded animal is not redeemed by its Owner within seven (7) days after being sent written notice of the impoundment to the Owner’s last known address, the animal shall be placed for adoption, destroyed or disposed of, as determined by the Code Enforcement Officer or his or her designee in accordance with all applicable laws, rules or regulations of the State of Illinois. Upon expiration of the seven-day notice period, the Owner shall forfeit any and all ownership or property interest in the impounded animal.
            (b)        Whenever it shall become necessary to destroy an animal, the method of destruction shall be in accordance with accepted practices of Euthanasia from a humane standpoint.
FEES.
§ 90.023 Fees.
            (a)        The fees required to be paid under this Chapter shall be any and all fees required to be paid by the County of Winnebago, Illinois under Chapter 14 of the Code of Ordinances of the County of Winnebago, as may be amended from time to time, or, where applicable, those fees required to be paid by the County of Boone, Illinois under Section 14-26 through 14-34 of the Code of Ordinances of the County of Boone, as may be amended from time to time.:
            (b)        Actual Costs of Seizure and Confinement. Notwithstanding any other provisions of this Chapter, the County may ascertain and bill the Owner or keeper of any animal that is being harbored or maintained in violation of this Chapter the actual costs incurred, by the County in seizing and confining such animal including but not limited to veterinary costs, all direct or indirect costs incurred for animal confinement and/or maintenance and any reasonable attorney fees and/or court costs that are incurred.

ENFORCEMENTAND PENALTIES.
§ 90.024 Interference with Enforcement. It shall be a violation of this Chapter for any Person to obstruct, impede or interfere with the capture, impound or disposal of any animal in accordance with this Chapter.
§ 90.025 Enforcement Exemption from Liability. The Code Enforcement Officer or any Village employees or other Persons authorized to enforce the provisions of this Chapter shall not be held liable for the injury, death or disease which may occur to any animal as a consequence of the enforcement, of the provisions of this Chapter; provided such injury, death or disease was not the result of willful and wanton acts or omissions of any said Persons.
§ 90.026 Administrative Adjudication.
            (a)        The Code Enforcement Officer is deemed a peace officer and may prepare and serve citations personally or by United States mail, for any violation(s) of this Chapter.
            (b)        Whenever a violation of this Chapter is observed by the Code Enforcement Officer or any other Village employees, in addition to subparagraph (a) above, she/he shall have the authority to institute, by the filing of a written pleading, a proceeding for enforcement of this Chapter before the County of Winnebago Circuit Court or by administrative adjudication conducted by the Village pursuant to 65 ILCS 5/1-2.1 et seq.
§ 90.027 Penalty. Every Owner or any other Person who violates any of the provisions of this Chapter shall, upon a finding of liability, be punished by a fine of not less than $50.00 and not more than $500. For a second offense of the same nature, the fine shall equal not less than $ 100.00 and not more than $750.00 and for a third offense of the same nature, the fine shall equal not less than $250.00 and not more than $1000.00. Each occurrence of any violation of this Chapter shall constitute a separate offense. This penalty shall be in addition to other penalties or remedies provided by this Chapter, or by state or federal law.