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An Ordinance Amending Chapter 90 of the Village Code of Ordinances-Animals (Appeal Provisions)
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WHEREAS, the Village has adopted certain ordinances now codified as and for Chapter 90 of the Village Code of Ordinances-Animals; and
WHEREAS, after Village staff review, it has been determined that it is in the best interest of the Village to amend Section 90.292(D) of the Village Code of Ordinances as hereinafter set forth, and to provide for the adoption of amendments to Chapter 90 to be codified as and for Sections 90.293(D) and 90.295(E), as hereinafter set forth.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS; THAT:
SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein.
SECTION 2: AMENDMENT TO SECTION 90.292(D) OF THE VILLAGE CODE OF ORDINANCES. That all those heretofore adopted ordinances of the Village codified as and for Section 90.292(D) of the Village Code of Ordinances shall hereby be revised to read as hereinafter set forth:
(D) In the event a biting or attacking vicious dog is (i) impounded pursuant to this section or (ii) declared in writing to be vicious within the meaning of Section 90.290 of this Code, the owner shall be given written notice that he or she may request a hearing with respect to the impoundment or the declaration. A declaration that a dog is vicious shall include the notice of the availability of this hearing. The request for such hearing must be made by the owner within five days of the date of the notice of impoundment or the date of declaration that the dog is vicious. The hearing shall be held expeditiously upon the request of the owner, and within 15 days of the date of the owner's request for hearing, unless otherwise agreed by the Village and the owner. The sole matter to be determined in such hearing shall be the propriety of the impoundment or the issuance of the declaration that the dog is vicious. The hearing shall be conducted before a Village hearing officer in accordance with the provisions of Chapter 42A of the Village Code of Ordinances.
SECTION 3: AMENDMENT TO SECTION 90.293 OF THE VILLAGE CODE OF ORDINANCES. That all those heretofore adopted ordinances of the Village codified as and for Section 90.293 of the Village Code of Ordinances be amended by the addition of the following text, to be codified as and for a new Section 90.293(D):
(D) In the event that any dog shall be declared in writing to be dangerous within the meaning of Section 90.290 of the Village Code of Ordinances, the owner shall be given written notice as part of such declaration that he or she may request a hearing with respect to the declaration. The request for such hearing must be made by the owner within five days of the date of the declaration that the dog is dangerous. The hearing shall be held expeditiously upon the request of the owner, and within 15 days of the date of the owner's request for hearing, unless otherwise agreed by the Village and the owner. The sole matter to be determined in such hearing shall be the propriety of the declaration of the dog as dangerous. The hearing shall be conducted before a Village hearing officer in accordance with the provisions of Chapter 42A of the Village Code of Ordinances.
SECTION 4: AMENDMENT TO SECTION 90.295 OF THE VILLAGE CODE OF ORDINANCES. That all those heretofore adopted ordinances of the Village codified as and for Section 90.295 of the Village Code of Ordinances be amended by the addition of the following text, to be codified as and for a new Section 90.295(E):
(E) In the event that any dog shall be declared in writing to be a nuisance within the meaning of Section 90.290 of the Village Code of Ordinances, the owner shall be given written notice as part of such declaration that he or she may request a hearing with respect to the declaration. The request for such hearing must be made by the owner within five days of the date of the declaration that the dog is a nuisance. The hearing shall be held expeditiously upon the request of the owner, and within 15 days of the date of the owner's request for hearing, unless otherwise agreed by the Village and the owner. The sole matter to be determined in such hearing shall be the propriety of the declaration of the dog as a nuisance. The hearing shall be conducted before a Village hearing officer in accordance with the provisions of Chapter 42A of the Village Code of Ordinances.
SECTION 5: AMENDMENT TO SECTION 90.297 OF THE VILLAGE CODE OF ORDINANCES. That all those heretofore adopted ordinances of the Village codified as and for Section 90.297 of the Village Code of Ordinances be amended by the addition of the following text, to be codified as and for a new Section 90.297(D):
(D) In the event that any animal other than a dog shall be declared in writing to be a nuisance animal within the meaning of Section 90.290 of the Village Code of Ordinances, the owner shall be given written notice as part of such declaration that he or she may request a hearing with respect to the declaration. The request for such hearing must be made by the owner within five days of the date of the declaration that the animal is a nuisance. The hearing shall be held expeditiously upon the request of the owner, and within 15 days of the date of the owner's request for hearing, unless otherwise agreed by the Village and the owner. The sole matter to be determined in such hearing shall be the propriety of the declaration of the animal as a nuisance animal. The hearing shall be conducted before a Village hearing officer in accordance with the provisions of Chapter 42A of the Village Code of Ordinances.
SECTION 6: SEVERABILITY. That the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 7: CONFLICTS. All prior Ordinances and Resolutions, or parts thereof in conflict or inconsistent with this Ordinance are hereby expressly repealed only to the extent of such conflict or inconsistency.
SECTION 8: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.