§ 14-3. Animal control officers.

(a)

The animal control director may, with the prior approval of the mayor, designate, employ, appoint or contract with one or more persons as animal control officers who shall be charged with the general enforcement of this chapter.

(b)

The following duties, responsibilities and powers of an animal control officer are to:

(1)

Demand proof of licensing and vaccination for any rabies-susceptible animal, except livestock, for the current year from the person or corporation owning or harboring, or being assumed to own and/or harbor such animals. This chapter does not permit any individual to enter any private dwelling without a search warrant except in emergency situations where necessary to rescue an animal in distress. Any person or corporation upon whom any demand is made under authority of this chapter for the exhibition of any rabies-susceptible animal's (except livestock) vaccination certificate or license who fails or refuses to exhibit the certificate within 48 hours is guilty of a violation of this chapter.

(2)

Capture and take into custody:

a.

Any animal, wild or domestic, which is required by this chapter to be licensed and is not licensed as determined in subsection (b)(1) of this section.

b.

Any animal being kept or maintained contrary to provisions of this chapter.

c.

Animals running at large contrary to provisions of this chapter.

d.

Sick or injured animals whose owner cannot be located; stray, unwanted or abandoned animals.

e.

Animals which are not vaccinated in accordance with the requirements of this chapter or exempted by a state-licensed veterinarian.

f.

Animals delivered by their owners to the animal control director, all title and interest in which is abandoned by such owners.

g.

Animals for which the owner/custodian is unable to care as determined in a court hearing, for reasons of imprisonment, debilitating illness, bankruptcy, litigation or other contingency, or in cases where the owner or custodian cannot be found within a 48-hour period.

(3)

Pick up or accept and care for any animal to be held for observation, except that in the case of an animal bite, the animal may be quarantined at the owner's residence/kennel, a licensed veterinary hospital, service kennel or public pound or shelter. All costs for such quarantine shall be paid by the owners or custodians of the animal. The animal control officer shall place all animals which he takes into custody in a licensed animal shelter.

(4)

Pick up and dispose of all dead animals on public highways and on public and private property where the owner is unknown.

(5)

Enter upon any private, public or commercial property for the purpose of examining or capturing any animal.

(6)

Pursue, seize and impound any animal running at large on any street, sidewalk, alley, parkway, unenclosed place or any unenclosed private property including that of the animal's owner or keeper.

(7)

To respond to any call from a property owner or person occupying property for purposes of animal services relinquishing of pet by owner at a cost of $80.00 per dog and $40.00 per cat, to be paid by the person occupying the property to have the animal legally removed for euthanasia services or in the alternative, adoption placement services through Alton Area Animal Aid Association (5A's), and in the event that 5A's accepts the animal, to pay to 5A's the fee paid by the former owner to the village for removal services.

The animal control director shall have the same authority and may exercise all of the powers enumerated in this section. The sections of this chapter regulating animal control officers shall also apply, when appropriate, to any state, county or village humane officer, dog warden, animal control officer, sheriff, law enforcement officer or other employee when they are, in the course of their assigned duties, involved in the seizure or taking into custody any animal as defined in this chapter.

(c)

It shall be unlawful to:

(1)

Interfere with, molest, oppose, resist or hinder any animal control officer or other employee, appointee or designee of the village while such person is engaged in the performance of his duties under this chapter.

(2)

Remove any animal from the custody of any animal control officer or other employee, appointee or designee of the village while such person is engaged in the performance of his duties under this chapter.

(3)

Remove any animal from any vehicle used by an animal control officer or other employee, appointee or designee of the village to transport an animal as authorized by this chapter.

(4)

Remove or attempt to remove any animal from an animal shelter without proper authority and without paying the required fees as set out in this chapter.

Any person found guilty of a violation of this section shall be punished as provided in this chapter.

(d)

The animal control director, any animal control officer or any law enforcement officer is authorized to issue citations for the violation of this chapter when, based upon personal investigation, the officer has reasonable and probable grounds to believe that a violation of this chapter has occurred.

(e)

Nothing contained in this chapter shall be construed to authorize or permit any animal control officer to perform any function or duty of a law enforcement officer other than specified in this chapter. Animal control officers shall not make physical arrests or take any person into custody.

(Ord. No. 08-92, § 1(30.3), 11-4-1992; Ord. No. 13-2015, § 1, 10-6-2015; Ord. No. 14-2018, § 1, 10-2-2018)

Cross reference

Officers and employees, § 2-111 et seq.