Animal Control Act
Prohibition/Regulations

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Prohibition/Regulations

PROHIBITION/REGUALTIONS

Sec. 6-9 LIVESTOCK/POULTRY PROHIBITION

It shall be unlawful to keep, raise, confine, enclose, pen, harbor, or house live LIVESTOCK of POULTRY, within the Municipality of Fairfield, except by a LICENSED POULTRY DEALER or HATCHERY, that has obtained a PERMIT from the CITY CLERK, or in an IMPOUNDMENT capacity.

Sec. 6-10 POULTRY DEALER/HATCHERY

It shall be lawful for a business engaged in Farm Produce sales, to order, buy, and house for resale, live POULTRY or POULTRY HATCHLINGS, within the Municipality of Fairfield, in an area of the city designated COMMERCIAL by the FAIRFIELD ZONING BOARD, after registering with the FAIRFIELD CITY CLERK and obtaining a permit which shall be renewed every three years. To obtain such a PERMIT the OWNER/OPERATOR must have in their possession a State Sales Tax Certificate with Tax number. POULTRY DEALERS shall be subject to all regulations of the State of Illinois, and be open to inspection by Sate or local ANIMAL CONTROL WARDEN, ADMINISTRATOR, or any LAW ENFORCEMENT OFFICER. POULTRY DEALERS shall be given a copy of THE FAIRFIELD MUNICIPAL ANIMAL CONTROL ACT and shall become familiar with such ACT sand shall advise customers who reside in the Municipality of Fairfield that it is unlawful to raise, keep, confine, enclose, pen, harbor or house any POULTRY within the Municipality of Fairfield, except by a LICENSED POULTRY DEALER. All POULTRY housed by a POULTRY DEALER must be confined within a building away from other ANIMALS or PERSONS and shall be maintained in a sanitary enclosure with proper ventilation, adequate nutrition, and provided humane care and treatment. PERMITS may be revoked for violations of this ACT of any State regulations.

Sec. 6-11 BUTCHERY/SLAUGHTER HOUSE/PACKING HOUSE

It shall be unlawful for any PERSON to engage in the business of receiving live ANIMALS, including LIVESTOCK, POULTRY, or WILD GAME, for the purpose of KILLING, SKINNING, PLUCKING, BUTCHERING, SLAUGHTERING, DRESSING, CUTTING UP or PACKAGING for compensation or profit within the Municipality of Fairfield.

Sec. 6-12 LIVESTOCK FACILITIES, STOCK YARDS, AUCTION BARNS

LIVESTOCK FACILITIES, STOCK YARDS, AUCTION BARNS, or any other businesses engaged in the buying, selling, dealing, grading, or exchanging of livestock, in which livestock is physically housed, enclosed or confined for any length of time upon the premises of such business, shall be PROHIBITED within the Municipality of Fairfield.

Sec. 6-13 STRAY LIVESTOCK/POULTRY

LIVESTOCK or POULTRY which has STRAYED into, escaped from a TRANSPORTER, DRIVER, or RIDER, or found running at large, within the Municipality of Fairfield may be IMPOUNDED at any facility capable of restraining or confining such LIVESTOCK or POULTRY, and a reasonable attempt shall be made to determine the OWNER, TRANSPORTER, REDER OR DRIVER and to provide them with notice of IMPOUNDMENT.

Any ANIMAL CONTROL WARDEN, or POLICE OFFICER, or ANY OTHER PERSON assisting in the restraining and IMPOUNDMENT of STRAY LIVESTOCK or POULTRY, shall be held harmless of any liability for injury to or any financial responsibility for such STRAYS. Any facility used for the IMPOUNDMENT or CONFINEMENT of such STRAYS shall not be held liable for any injury of or accrue any financial responsibility for such STRAYS.

The OWNER, TRANSPORTER, RIDER or DRIVER of STRAY LIVESTOCK or POULTRY shall be held financially liable for any personal injury or property damage caused by such STRAY LIVESTOCK or POULTRY, and for any expense incurred in the RESTRAINING or IMPOUNDMENT of such STRAYS, including any medical treatment, feed, care, fees or fines. Such unpaid expenses shall become a lien on such STRAYS and must be discharged before release. After NOTICE OF IMPOUNDMENT has been given, the OWNER, TRANSPORTER, RIDER or DRIVER has two (2) days to REDEEM such STRAYS, after which such STRAYS may be sold and the proceeds applied toward the incurred expenses, fees or fines, or such STRAYS may be HUMANELY TERMINATED, and any balance of such expenses, fees or fines shall be the responsibility of the OWNER, TRANSPORTER, RIDER or DRIVER. In the event the rightful OWNER, TRANSPORTER, cannot be determined after a reasonable attempt, then a NOTICE OF IMPOUNDMENT shall be posted in the local newspaper for two (2) issues, after which the STRAYS may be sold or HUMANELY TERMINATED in accordance with the above.

Sec. 6-14 LIVESTOCK/POULTRY TRANSPORTERS/CARRIERS

Anyone TRANSPORTING LIVESTOCK or POULTRY within the Municipality of Fairfield, in any type of vehicle, truck, or trailer, shall insure that such conveyance be of sufficient construction so as to prevent the escape of such LIVESTOCK or POULTRY. No TRANSPORTER of LIVESTOCK or POULTRY shall confine such animals in any type of vehicle, truck, trailer or other carrier, in such a manner that places such animals in a life or health threatening situation by exposure to a prolonged period of extreme heat or cold, without proper ventilation or other protection from such heat or cold. In order to protect the health and safety or such animals, any ANIMAL CONTROL WARDEN, POLICE OFFICER, or INVESTIGATOR who has Probable Cause to believe that this section is being violated shall have authority to enter such vehicle, truck, trailer, or other carrier, by any reasonable means under the circumstance after making a reasonable effort to locate the OWNER, TRANSPORTER, or DRIVER.

If LIVESTOCK or POULTRY becomes DOWNED in transit, it shall be the responsibility of the TRANSPORTER or CARRIER to have such animal HUMANELY TERMINATED and disposed of.

It shall be unlawful for a TRANSPORTER or CARRIER to park such vehicle, truck, trailer, or other carrier, with LIVESTOCK or POULTRY on board, within the Municipality of Fairfield for over four (4) hours, unless mechanically disabled. If such LIVESTOCK or POULTRY CARRIERS are unladed and have been cleaned and deodorized, they may park within the Municipality of Fairfield.

Sec. 6-15 DOGS and CATS

In general, it shall be lawful for any PERSON to OWN, keep, harbor, care for, act as custodian of, maintain as a HOUSE PET, in their possession a DOG or CAT, as defined in this ACT, subject to the following regulations:

6-15 (1) Every DOG or CAT must be wither kept within the home as a HOUSE PET, as defined in this ACT, or

6-15 (2) Kept within an escape proof PEN, or KENNEL, or

6-15 (3) Kept on a LEASH or RESTRAINT or RUN LINE as defined in this ACT, of sufficient strength so as to prevent the escape of such DOG or CAT, and be unobstructed, and contain the minimum square footage of space per ANIMAL as required in this ACT, or

6-15 (4) If such DOG or CAT is, or has been , declared a VICIOUS ANIMAL as defined in this ACT, such VICIOUS ANIMAL shall be kept within an escape proof ENCLOSURE as defined in this ACT, and such ENCLOSURE shall contain the MINIMUM SQUARE FOOTAGE OF SPACE PER ANIMAL as required by this ACT. Such VICIOUS ANIMAL shall be kept within such ENCLOSURE at all times except if necessary for the owner or keeper to obtain veterinary care for such VICIOUS ANIMAL or to comply with a court order, and then only when securely MUZZLED and RESTRAINED on a LEASH having a tensile strength of 300 pounds and not exceeding 3 feet in length, and shall be under the direct control and supervision of the owner or keeper of such VICIOUS ANIMAL. The KEEPER of a VICIOUS ANIMAL shall not sell, transfer ownership, or give away such ANIMAL, but may have such ANIMAL HUMANELY TERMINATED. Any VICIOUS ANIMAL found not within an ENCLOSURE, or running at large in violation of this ACT shall be TERMINATED by any means necessary.

6-15 (5) DOGS and CATS which are kept outside, either in a PEN, KENNEL, or ENCLOSURE, or on a LEASH, RESTRAINT, or RUN LINE, shall be provided with adequate shelter and protection from the weather, with access to either a Dog or Cat house, or other building, as approved by THE ANIMAL CONTROL WARDEN.

6-15 (6) Every DOG or CAT shall be kept in sanitary conditions, with proper ventilation and minimum square footage of space, and to be provided with a sufficient quantity of good quality, wholesome food and water, so as to insure their adequate nutrition, shelter from the elements, and humane care and treatment, including veterinary care when needed to prevent pain and suffering, and to provide for their good health, as provided by a ANIMAL CONTROL WARDEN.

6-15 (7) It shall be unlawful for any person to release, or cause the release of any ANIMAL from confinement of the OWNER, unless authorized.

6-15 (8) Every OWNER of a DOG or CAT, for (4) months or more of age, shall cause such ANIMALS to have an INOCULATION against rabies by a LICENSED VETERINARIAN, and to keep such INOCULAITONS current, and up to date. (SEE DEFINITION OF INOCULATION)

6-15 (9) Each OWNER shall be responsible for keeping the RABIES CERTIFICATE issued by such LICENSED VETERINARIAN as proof of such INOCULATION, and shall make it available for inspection by the ADMINISTRATOR or ANIMAL CONTROL WARDEN, or any other law enforcement officer upon demand. (SEE DEFINITION OF RABIES CERTIFICATE)

6-15 (10) Every OWNER of a DOG or CAT so INOCULATED shall cause such ANIMAL to wear a metal or plastic RABIES TAG issued by a LICENSED VETERINARIAN attesting to such INOCULATION attached to a COLLAR or HARNESS at all time.

6-15 (11) The OWNER or CUSTODIAN of any ANIMAL which exhibits clinical signs of rabies, whether or not such ANIMAL has been INOCULATED against rabies, shall immediately notify the ANIMAL CONTROL WARDEN or the ADMINISTRATOR.

6-15 (12) If a DOG or CAT or other ANIMAL, without provocation, attacks or injures any PERSON or other ANIMAL who is at any place where he may lawfully be, the OWNER or CUSTODIAN or the attacking DOG, CAT, or other ANIMAL is liable for damages to such injured PERSON or ANIMAL and all fees and fines incurred in the investigation of such attack by THE ADMINISTRATOR or ANIMAL CONTROL WARDEN or any other LAW ENFORCEMENT OFFICER.

6-15 (13) Any person who has knowledge that another PERSON or ANIMAL has been BITTEN by a DOG or CAT or other ANIMAL shall notify the ADMINISTRATOR or ANIMAL CONTROL WARDEN or LAW ENFORCEMENT OFFICER immediately. Failure to do so is a violation of this ACT.

6-15 (14) It shall be unlawful for the OWNER or CUSTODIAN of a DOG, CAT, or other ANIMAL that has bitten a person or another ANIMAL, to TERMINATE, sell, give away, hide, transfer to an unknown place, or otherwise dispose of such ANIMAL, until it has been examined and released by THE ADMINISTRATOR or ANIMAL CONTOL OFFICER.

6-15 (15) When THE ADMINISTRATOR or ANIMAL CONTROL WARDEN receives information that a PERSON or ANIMAL has been BITTEN by an ANIMAL, they shall investigate such report, and if no proof is presented that the attacking ANIMAL has been INOCULATED for rabies, they may IMPOUND or CONFINE the ANIMAL under observation of a LICENSED VERINARIAN for a period of ten (10) days. The investigating ANIMAL CONTROL WARDEN shall attempt to determine the OWNER or CUSTODIAN of such ANIMAL and obtain his name, address and a description, breed, age, sex, of his ANIMAL, and provide this information to the LICENSED VETERINARIAN who is observing the ANIMAL.

6-15 (16) When, during investigation of an ANIMAL BITE of a PERSON or ANIMAL, evidence is presented (RABIES TAG OR RABIES CERTIFICATE) that the attacking ANIMAL was INOCULATED against rabies within the time prescribed by law, THE ADMINISTRATOR or ANIMAL CONTROL WARDEN may allow the attacking ANIMAL to be confined in the house of the OWNER or CUSTODIAN or within an ENCLOSURE as defined in this ACT for a period of ten (10) days.

6-15 (17) At the end of a confinement period described above, such ANIMAL shall be examined by the ADMINISTRATOR or another LICENSED VETERINARIAN to determine if such ANIMAL is infected by rabies and shall make a report to the victim or his attending physician or health agency. Also, THE ADMINISTRATOR or ANIMAL CONTROL WARDEN will then determine the final disposition of the BITING ANIMAL. They shall do one of the following:

A. Return the ANIMAL to the OWNER or CUSTODIAN.

B. Declare the ANIMAL as VICIOUS and order it held in an ENCLOSURE as defined in this ACT.

C. HUMANELY TERMINATE such ANIMAL.

In all cases, the ANIMAL shall not be released until all expenses, fees, and fines for violations of this ACT are paid in full.

6-15 (18) POLICE DOG/FIRE DOG Any LAW ENFORCEMENT AGENCY or FIRE DEPARTMENT who keeps, harbors, or boards a TRAINED POLICE DOG or FIRE DOG within the Municipality of Fairfield shall confine such DOG within an Enclosure as defined in this ACT and shall keep the ADMINISTRATOR or ANIMAL CONTROL WARDEN informed of the address where such DOG is stationed. At all times when a POLICE DOG or FIRE DOG is released from an ENCLOSURE, he shall be RESTRAINED on a LEASH and under the direct control of the Police or Fire Trainer or Handler, or within a Police or Fire Vehicle. The Head of such Law Enforcement Agency shall be held responsible for the actions of such Trainer' or Handler' dogs; however, Police and Fire agencies and their Trainers or Handlers are exempt from all fines or fees for violations of this ACT.

6-15 (19) When a PERSON has been BITTEN by a POLICE OR FIRE DOG, such DOG may continue to perform its duties for the Police or Fire Trainer or Handler, or their agencies, and any period of observation required by THE ADMINISTRATOR or ANIMAL CONTROL WARDEN may be fulfilled under the supervision of the Police or Fire Trainer or Handler. A POLICE or FIRE DOG found running at large and not under the supervision of a Police or Fire Trainer or handler shall be returned immediately to the Police or Fire Agency.

6-15 (20) TEASING/STRIKING/TAMPERING with POLICE/FIRE DOG is PROHIBITED. It shall be unlawful for nay person to willfully and maliciously taunt, torment, tease, beat, strike, or administer or subject any desensitizing drugs, chemicals or substance to any DOG used by a FIRE or POLICE OFFICER in the performance of his functions or duties, or when placed in an ENCLOSURE off duty; pr to interfere or meddle with any such DOG used by a FIRE or LAW ENFORCEMENT DEPARTMENT OR AGENCY or any handler thereof in the performance of the functions or duties of said DEPARTMENT OR AGENCY.

6-15 (21) INJURING OR KILLING POLICE/FIRE DOGS PROHIBITED. Is shall be unlawful for any PERSON to willfully or maliciously, torture, mutilate, injure, disable, poison or kill any DOG used by a POLICE or FIRE DEPARTMENT OR AGENCY in the performance of the functions or duties of such DEPARTMENT or when placed in an ENCLOSURE off duty. However, a POLICE OFFICER or LICENSED VETERINARIAN may perform a HUMANE TERMINATION of such DOG in a emergency situation in which delay would cause the DOG undue suffering and pain.

6-15 (22) GUIDE DOB/SUPPORT DOG A GUIDE DOG for a blind or hearing impaired PERSON or a SUPPORT DOG for a physically handicapped PERSON may be kept, harbored, or boarded within such PERSONS home or a s otherwise permitted by this ACT, anywhere within the Municipality of Fairfield. The OWNER or CUSTODIAN of such DOG shall keep THE ADMINISTRATOR or ANIMAL CONTROL WARDEN informed of the address where such DOG is kept. At all times when a GUIDE DOG or SUPPORT DOG is released from confinement, it shall be RESTRAINED on a LEASH and under the direct control of the OWNER or CUSTODIAN.

6-15 (23) When a PERSON has been BITTEN by a GUIDE DOG or SUPPORT DOG, such DOG may continue to perform its duties for the handicapped OWNER or CUSTODIAN, and any period of Observation required by THE ADMINISTRATOR or ANIMAL CONTROL WARDEN may be fulfilled under the supervision of such handicapped PERSON. A GUIDE DOG or SUPPORT DOG found running at large and not under the supervision of the OWNER or CUSTODIAN shall be returned to the OWNER or CUSTODIAN immediately. OWNERS or CUSTODIANS or GUIDE DOGS or SUPPORT DOGS are exempt from all fines or fees for the apprehension and return of such escaped DOGS; however, OWNERS of such DOGS may be held liable for any personal injury or property damage caused by such DOGS.

6-15 (24) TEASING/STRIKING/TAMPERING with a GUIDE DOG or SUPPORT DOG is prohibited. It shall be unlawful for any PERSON to willfully and maliciously taunt, torment, tease, beat, strike, or administer or inject any desensitizing drugs, chemicals or substance to any DOG used by a handicapped PERSON to guide or support themselves, or when such DOG is placed on a RESTRAINT or LEASH, or within a KENNEL or PEN, or to interfere or meddle with any such DOG or handler thereof.

6-15 (25) INJURING OR KILLING GUIDE DOGS or SUPPORT DOGS is prohibited. It shall be unlawful for any PERSON to willfully or maliciously torture, mutilate, injure, disable, poison or kill any DOG used by a handicapped PERSON to guide or support themselves, or when such DOG is placed on a RESTRAINT or LEASH, or within a KENNEL or PEN. However, a LICENSED VETERINARIAN may perform a HUMANE TERMINATION of such DOG at the OWNERS request to prevent undue suffering and pain to such DOG.

6-15 (26) POISONING DOGS OR CATS OR OTHER ANIMALS is prohibited within the Municipality of Fairfield. (SEE POISONING/BAITING).

6-15 (27) CRUEL TREATMENT OF DOGS or OTHER ANIMALS is prohibited. No PERSON may intentionally commit an act that causes a HOUSEPET, DOG, CAT, or other ANIMAL, to suffer serious injury or death, except in self defense of a DANGEROUS ANIMAL or VICIOUS ANIMAL, or to rid a residence or out-building of rats, mice, bats, or other disease carrying rodents or sparrows.

6-15 (28) Any DOG or CAT discovered running at large, or found without a RABIES TAG within the Municipality of Fairfield, shall be apprehended and IMPOUNDED, and notice given to the OWNER, if known, either in person or by mail, to the last known address. Notice shall state date ANIMAL was IMPOUNDED and that such ANIAML may be redeemed within seven (7) days of that date by compliance with the following:

A. Present proof of current rabies INOCULATION, and, or,

B. Pay for the rabies INOCULATION of such ANIMAL, and, or,

C. Pay the POUND or SHELTER for the board, and

D. Pay all fines and fees for violations of the ACT.

6-15 (29) Any DOG or CAT not redeemed by the OWNER, after the IMPOUNDMENT period expires, shall be HUMANELY TERMINATED or offered for adoption. If such unredeemed ANIMAL is offered for adoption, it shall not be released until confirmed arrangements for spaying or neutering of such ANIMAL has been made with a LICENSED VETERINARIAN. Also such ANIMAL may not be released without having a rabies INOCULATION. The fees for the spaying or neutering and INOCULATION shall be the responsibility of the adopting OWNER. Failure to complete the spaying or neutering arrangements for such ANIMAL shall result in seizure and IMPOUNDMENT of the ANIMAL and shall be a violation of this ACT.

6-15 (30) Failure of an OWNER to redeem his ANIMAL within the seven (7) day period, shall not excuse the OWNERS responsibility for all fees incurred in the apprehension and IMPOUNDMENT and, or, disposal of such ANIMAL.

6-15 (31) GUARD DOGS/SENTRY DOGS/WATCH DOGS/JUNK YARD DOGS/PROHIBITED. It shall be unlawful to OWN, rent, borrow, use, keep, harbor, care for, act as custodian of, have a right of property in, or maintain in possession of, any dog which has been trained, or used, as a professional GUARD DOG, SENTRY DOG, WATCH DOG, or what is referred to as a JUNK YARD DOG, within the Municipality of Fairfield. Such DOGS shall be considered DANGEROUS ANIMALS as defined in this ACT. (SEE DEFINITION OF NAGEROUS ANIMAL). It shall be no defense to a violation of this section that the violator has attempted to domesticate such DOG, or that such DOG is no longer being used in that capacity.

6-15 (32) It shall be unlawful to place, release, allow in, allow to remain within, any business establishment, shopping mall, car lot, salvage yard, or any other place, a trained, professional GUARD DOG, SENTRY DOG, WATCH DOG, or what is referred to as a JUNK YARD DOG, or any other VICIOUS or DANGEROUS ANIMAL to prevent entry upon or theft from within such business establishments or private properties. The OWNER or CUSTODIAN of any such ANIMAL so placed, or released shall be responsible for any personal injury or property damage caused by such ANIMAL.

6-15 (33) Any PERSON who counterfeits or forges any RABIES TAG or CERTIFICATE or PERMIT, or removes any identification tag from an ANIMAL for purposes of concealing or destroying its identity, or makes any false representations in regards to any provision of the ACT, or resists, obstructs, or impedes THE ADMINISTROT, ANIMAL CONTROL WARDEN, OR nay LAW ENFORCEMENT OFFICER, in the enforcement of this ACT is guilty of a petty offense for a first offense and shall be fined not less than $75.00 nor more than $200.00, and for a second and subsequent offense is guilty of a Class C misdemeanor.

6-15 (34) Each day a PERSON fails to comply after being notified of a violation of this ACT shall constitute a separate offense.

6-15 (35) Each States Attorney, or City Attorney, to whom THE ADMINISTRATOR, or ANIMAL CONTROL WARDEN, or any LAW ENFORCEMENT OFFICER, reports violations of this ACT shall cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner provided by law.

6-15 (36) It shall be unlawful for any PERSON to engage in, permit or allow, or assist in, or patronize, proved a place for, promote or advertise for any show, exhibition, program, or other activity involving a fight between DOGS, CATS, or any other ANIMALS, or between an ANIMAL and a HUMAN, or the intentional killing of any ANIMAL for sport, contest, wagering, entertainment or any other reason, within the Municipality of Fairfield.

6-15 (37) MINIMUM SQUARE FOOTAGE OF SPACE PER DOG OR CAT
 
To promote the humane treatment of ANIMALS within the Municipality of Fairfield, there shall be provided the following MINIMUM SQUARE FOOTAGE OF SPACE PER DOG OR CAT:

A. LEASH/RESTRAINT/RUN LINE for a DOG or CAT shall be of a minimum length of ten (10) ft., and of sufficient strength to prevent escape and be unobstructed and attached to a strong stake, post, tree, or other unmovable object, and the collar of harness of such CAT or DOG allowing free, tangle proof movement, and access to shelter and food and water.

B. PEN/KENNEL/ENCLOSURE for confinement of DOGS or CATS are not required to have a minimum sq. footage of space, but only what is considered humane.

6-15 (38) Not over four (4) DOGS or four (4) CATS may be confined to one (1) PEN, KENNEL, or ENCLOSURE, except a FEMALE with puppies or kittens.

6-15 (39) Any FEMALE DOG or CAT with puppies or kittens shall be kept apart and confined separate from all other ANIMALS or children in a PEN, KENNEL, or ENCLOSURE until such puppies or kittens are eight (8) weeks old, weaned and away.

6-15 (40) PROPERTY LINE RESTRICTIONS To promote peace and harmony and show respect for neighbors, the following property line restrictions shall be adhered to:

A. DOGS and CATS tied on a LEASH to twenty (20) feet or more from each property line, so as not to annoy or offend a neighbor.

6-15 (41) THE ADMINISTRATOR, ANIMAL CONTOL WARDEN, or any LAW ENFORCEMENT OFFICER shall retain the right to enter upon private properties within the Municipality of Fairfield, with or without permission from the OWNER or TENANT of such property, for the express purpose of INSPECTION and ENFORCEMENT of the provisions of this ACT, or to INSPECT any PEN, KENNEL, or ENCLOSURE, or any LEASH, RESTRAINT, or RUN LINE, to insure that the requirements of this section are kept, and may direct the OWNER or CUSTODIAN to make additions or changes as such OFFICIALS may see fit.

6-15 (42) No PERSON transporting DOGS, CATS or any other ANIMAL shall confine such ANIMALS within any type of vehicle, car, truck, trailer, or other carrier in such a manner that places such ANIMALS in a life or health threatening situation by exposure to a prolonged period of extreme heat or cold without proper ventilation or other protection from the elements. DOGS and CATS transported in open carriers MUST BE RESTRAINED.

6-15 (43) In order to protect the health and safety of such DOGS or CATS, or other ANIMALS, any ANIMAL CONTOLD WARDEN, LAW ENFORCEMENT OFFICER, or INVESTIGATOR who has Probable Cause to Believe that this section is being violated shall have authority to enter such vehicle, car, truck, trailer, or carrier by any reasonable means under the circumstance after making a reasonable effort to locate the OWNER, TRANSPORTER, OR DRIVER.

6-15 (44) KENNELS/CATTERY/BREEDEERS/DEALERS PROHIBITED. It shall be unlawful to operate a KENNEL or CATTERY engaged in the business of BREEDING or raising DOGS or CATS for the purpose of selling or DEALING such for profit or compensation within the Municipality of Fairfield except by a LICENSED PET SHOP.

6-15 (45) ANIMALS PURCHASED OR TAKEN FOR RESEARCH OR EXPERIMENTATION. It shall be unlawful for a PERSON who is LICENSED BY THE STATE to purchase or obtain ANIMLS for resale to a RESEARCH or EXPERIMENTATION LABORATORY without informing the seller or giver of such ANIMALS of this purpose or fact and shall make the owner aware of the ANIMALS ultimate fate.

6-15 (46) TRAINER/GROOMER. It shall be lawful to engage in the business of TRAINING or GROOMING DOGS or CATS, or other ANIMALS for profit or compensation within the Municipality of Fairfield, in an area of the City designated COMMERCIAL by the FAIRFIELD ZONING BOARD, after registering with the FAIRFIELD CITY CLERK and obtaining a PERMIT which shall be renewed every three years. To obtain such a PERMIT the OWNER or OPERATOR must have in their possession a State Sales Tax Certificate with Tax number. No TRAINER or GROOMER shall have more than four (4) ANIMALS, including their own, in possession at one time. All ANIMALS must be confined within a BUILDING, PEN, KENNEL, or ENCLOSURE, as defined in this ACT, away form other ANIMALS or PERSONS, and shall be maintained in sanitary conditions, with proper ventilation, adequate nutrition, and provided humane care and treatment. The PERMIT may be revoked for violations of this ACT or and State regulations.

6-15 (47) ANIMAL BOARDER/SITTER. It shall be unlawful to engage in the business of BOARDING, ANIMAL SITTING, or temporarily keeping or caring for the ANIMALS of another on ones own premises, for profit or compensation, within the Municipality of Fairfield, except a State Licensed VETERINARY HOSPITAL or CLINIC, or OFFICE, or a State Licensed ANIMAL SHELTER or POUND.

6-15 (48) ANIMAL SHELTER/POUND. It shall be lawful to operate an ANIMAL SHELTER or POUND which has been licensed by the State of Illinois and operated, owned or maintained by a duly incorporated HUMANE SOCIETY or ANIMAL WELFARE SOCIETY, or and ENTITY OF GOVERNMENT, or other non-profit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of ANIMALS within the Municipality of Fairfield, in an area designated COMMERCIAL by the FAIRFIELD ZONING BOARD, after registering with the FAIRFIELD CITY CLERK and obtaining a PERMIT. To obtain such a PERMIT the OWNERS or OPERATORS must have in their possession a State License. There shall be no fee for such a PERMIT, but the PERMIT shall be renewed every three (3) years.

6-15 (49) VETERINARY HOSPITAL/CLINIC/OFFICER. It shall be lawful to operate a VETERINARY HOSPITAL, CLINIC or OFFICE licensed by the State of Illinois under The Veterinary Medicine and Surgery Practice Act within the Municipality of Fairfield in an area designated COMMERCIAL by the FAIRFIELD ZONING BOARD after registering with the FAIRFIELD CITY CLERK and obtaining a PERMIT which shall be renewed every three years. To obtain such a PERMIT the VETERINARIAN practicing at such establishment must present his State of Illinois License.

6-15 (50) BARKING DOGS/PUBLIC NUISANCE. If after several complaints of BARKING or HOWLING or other LOUD and DISTURBING NOISES have been made against a DOG or OTHER ANIMAL and the OWNER or CUSTODIAN has been notified and cannot seem to stop such ANIMAL from continuing with such LOUD and DISTURBING NOISE, CONTROL WARDEN or any LAW ENFORCEMENT OFFICER may declare such DOG or ANIMAL a PUBLIC NUISANCE and order the owner or custodian of such ANIMAL to either quiet the ANIMAL immediately or place such ANIMAL in a building or home so as to muffle the sound of such ANIMAL, or remove such animal from the Municipality of Fairfield, or IMPOUND such ANIMAL for violation of this section.

Sec. 6-16 PET SHOP

It shall be lawful to operate a PET SHOP, as defined in this ACT, within the Municipality of Fairfield, in an area of the city designated COMMERCIAL by the FAIRFIELD ZONING BOARD, after registering with the FAIRFIELD CITY CLERK and obtaining a PERMIT which shall be renewed every three years. To obtain such a PERMIT the OWNERS/OPERATORS must have in their possession a State License and State Sales Tax Certificate with their Tax Number. PET SHOPS shall be subject to all regulations of the State of Illinois, ANIMAL WELFARE ACT, and shall be subject to inspection by State or local ANIMAL CONTROL WARDEN or ADMINISTRATOR. PET SHOP operator shall be given a copy of the FAIRFIELD MINICIPAL ANIMAL CONTROL ACT and shall become familiar with such ACT and shall advise customers who live in the Municipality of Fairfield of any regulations which may affect any animal they may purchase form such PET SHOP.

Sec. 6-17 HONEY BEES/HIVES

It shall be unlawful to engage in the raising or keeping of BEES or BEE HIVES for the taking of HONEY or WAX or for any other reason within the Municipality of Fairfield.

Sec. 6-18 BAIT SHOP/WORM FARM

It shall be lawful for any PERSON to engage in the business of raising, keeping, breeding, buying, or selling live BAIT for fishing, for compensation or profit within the Municipality of Fairfield, in an area the City designated COMMERCIAL by the FAIRFIELD ZONING BOARD, after registering with the FAIRFIELD CITY CLERK and obtaining a PERMIT which shall be renewed every three years. To obtain such a PERMIT the OWNERS/OPERATORS must present a State Sales Tax Certificate wit Tax Number. Fish bait may include, but is not limited to, minnows, worms, night-crawlers, crawfish, shrimp, crickets, or other insects, etc. Such shops shall be subject to all regulations of the State of Illinois and shall be subject to inspection by State or Local ANIMAL CONTROL WARDENS or the ADMINISTRATOR.

Sec. 6-19 ANIMAL FECES

Owners or handlers of DOGS or CATS who are walking or exercising animals on a LEASH or RESTRAINT are responsible for the clean-up of any FECES deposited by such animal on either private or public property, sidewalks, curbs, lawns, or streets.

Sec. 6-20 DANGEROUS ANIMALS/PROHIBITION

It shall be unlawful for any person to have a right of property in, keep, harbor, care for, act as custodian of, or maintain in their possession any DANGEROUS ANIMAL, except within a Federal or State licensed and properly maintained zoological park, circus, exhibit, scientific or educational institution, research laboratory, veterinary hospital, or clinic, or HUMANE SOCIETY or shelter, in an escape-proof ENCLOSURE. It shall be no violation of this section that the violator has attempted to domesticate the DANGEROUS ANIMAL. Any DANGEROUS ANIMAL found not in compliance with this section shall be immediately seized and placed in an approved facility. If there appears to be imminent danger to the public by such DNAGEROUS ANIMAL, it shall be TERMINATED by any safe means. The owner or keeper of any DNAGEROUS ANIMAL not in compliance with this section shall be held liable for any personal injury or property damage and responsible for any costs connected to the seizure, confiscation, or termination and disposal of such animals as well as all fees or fines levied against such violator.

Sec. 6-21 VICIOUS ANIMALS

It shall be unlawful for any PERSON to have a right of property in, keep, harbor, care for, act as custodian of, or maintain in their possession any VICIOUS ANIMAL within the Municipality of Fairfield, except, within an escape proof ENCLOSURE as defined in this ACT. The ADMINISTRATOR or ANIMAL CONTROL WARDEN may, after examination of an ANIMAL, declare in a written notice to the OWNER or custodian of such ANIMAL that such ANIMAL is a VICIOUS ANIMAL and must be kept in an escape proof ENCLOSURE as defined in this ACT. No VICIOUS ANIMAL may be transported to or from such ENCLOSURE except with MUZZLE or LEASH and COLLAR or HARNESS RESTRAINT. Any VICIOUS ANIMAL found outside an ENCLOSURE without the above restraining devices shall be IMPOUNDED or, if necessary, TERMINATED, and any expense incurred in such IMPOUNDMENT or TERMINATION, as well as any fines levied, shall be the responsibility of the OWNER or custodian of such ANIMAL. (SEE DEFINITION OF VICIOUS ANIMAL).

Sec. 6-22 EXOTIC ANIMALS/BIRDS/REPTILE/FISH

It shall be lawful for any PERSON to have, keep, harbor, care for, act as custodian of, or maintain as a HOUSE PET in their possession an EXOTIC ANIMAL, BIRD, REPTILE, or FISH as defined in this ACT. However, such creatures must be kept within the home or an escape proof ENCLOSURE as defined in this ACT under humane conditions, maintaining sanitary quarters, with sufficient space and ventilation, and provident adequate nutrition, care and treatment. (SEE DEFINITION OF EXOTIC ANIMAL/BIRDS/REPTILES/FISH).

Sec. 6-23 FURBEARING ANIMALS/FUR FARM/FUR PROCEDURES/PROHIBTION

It shall be unlawful to raise, keep, confine, enclose, pen, harbor or house FURBEARING ANIMALS within the Municipality of Fairfield, Illinois, except in an impoundment capacity. It shall be no defense to a violation of this section that the violator has attempted to domesticate the FURBEARING ANIMAL. Any FURBEARING ANIMAL found not in compliance with this section shall be immediately seized and placed in an approved facility. The owner or keeper of a FURBEARING ANIMAL not in compliance with this section shall be held liable for any personal injury or property damage and responsible for any costs connected to the seizure and impoundment as well as all fees and fines levied against such violator.

Sec. 6-24 FUR DEALERS/BUYERS/SKINNERS

It shall be unlawful for any PERSON to engage in the business of procuring, receiving, purchasing, bartering, or transferring ANIMAL furs, hides, skins, feathers, or carcasses of any FURBEARING ANIMALS, or the SKINNING or DRESSING of such FURBEARING ANIMALS, or the carcasses of such FURBEARING ANIMALS, for compensation or profit within the Municipality of Fairfield except by a LICENSED TAXIDERMIST who has obtained a PERMIT from the CITY CLERK.

Sec. 6-25 TAXIDERMIST

It shall be lawful for any PERSON who is engaged in the business of practicing TAXIDERMY to have in their possession ANIMAL or DIRD carcasses, FURS, SKINS, or HIDES for the purpose of preparing, preserving, stuffing or mounting them in a lifelike manner within the Municipality of Fairfield. Such a business shall be located in an area of the City designated COMMERCIAL by the FAIRFIELD ZONING BOARD, and OWNER or OPERATOR shall register with the FAIRFIELD CITY CLERK, and present a current State Sales Tax Certificate with Tax number to obtain a PERMIT which shall be renewed every three years.

Sec. 6-26 TRAPPERS/TRAPPING/TRAPS

It shall be unlawful to engage in the setting of TRAPS of any kind for TRAPPING ANIMALS or BIRDS for their FURS, SKINS, HIDES, or FEATHERS or for GAME, or SPORT within the Municipality of Fairfield except ordinary Rat or Mouse traps set within the confines of a house or building and not outside where a child or ANIMAL may be injured or caught.

Sec. 6-27 POISONING/BAITING

It shall be unlawful to engage in the setting out of POISONS or BAITING or ANIMALS or BIRDS within the Municipality of Fairfield except within the confines of a house or building for the control of insects, pests, or rodents and not where a child or harmless ANIMAL or HOUSE PET may gain access to it.

Sec. 6-28 PENALTIES

Any person violating, disobeying, neglecting or refusing to comply with, or resisting enforcement of any of these provisions shall be fined in accordance with the penalties provided by Illinois Law for a petty offense provided however, that the minimum fine shall be not less than $75.00 for the initial violation and not less than $150.00 for a second or subsequent violation within a twelve month period. Each day an offense is committed shall constitute a separate offense.

Sec. 6-29 SEVERABILITY OF PARTS OF ORDINANCE

Should any section, sub-section, sentence, clause, phrase or word of this Ordinance be declared invalid, or unconstitutional by a Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining words, phrases, clauses, or sentences, sub-sections or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such invalid or unconstitutional word, phrase, clause, sentence, sub-section or section.