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File #: ORD18-1502    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 9/11/2018 In control: Village Board
On agenda: 9/19/2018 Final action: 9/19/2018
Title: An Ordinance Amending Chapter 90 (Dogs and Cats) of the Village Code of Ordinances
Sponsors: Rich Vogel

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An Ordinance Amending Chapter 90 (Dogs and Cats) of the Village Code of Ordinances

 

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WHEREAS, the Village of Romeoville has adopted certain ordinances now codified as and for Chapter 90 of the Village Code of Ordinances setting forth and establishing certain regulations regarding the ownership and control of dogs and cats within the Village limits, including regulations regarding the ownership and control of vicious dogs within the Village of Romeoville; and

 

WHEREAS, the provisions of Chapter 90 were comprehensively revised by the adoption of Ordinance 17-1377 adopted on June 7, 2017; and

 

WHEREAS, subsequent to the adoption of Ordinance 17-1377, and after review of the application of Ordinance 17-1377 to circumstances involving dogs declared to be vicious prior to its adoption, Village staff has determined that certain provisions of Ordinance 17-1377 codified within Chapter 90 of the Village Code of Ordinances require revision as to their application to such dogs declared to be vicious prior to the adoption of Ordinance 17-1377.

 

 

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 OF SECTION 90.291(A)(4).  All those heretofore adopted ordinances of the Village of Romeoville codified as and for Section 90.291(A) of the Village Code of Ordinances shall hereby be amended by the addition of the following text, to be codified as and for Section 90.291(A)(4) of the Village Code of Ordinances:

 

                     90.291(A)(4)                     Notwithstanding the preceding provisions of this Section 90.291(A)(4), no dog that has been declared vicious by the Village of Romeoville pursuant to Chapter 90 of the Village Code of Ordinances prior to June 7, 2017 shall be subject to the requirement that it be confined to an enclosure as hereinabove provided, unless such dog shall have thereafter been newly declared to be a vicious dog in accordance with this Chapter 90.

 

                     SECTION 3:  AMENDMENT OF SECTION 90.291(E).  All those heretofore adopted ordinances of the Village of Romeoville codified as and for Section 90.291(A) of the Village Code of Ordinances shall hereby be amended to read as follows:

 

90.291(E)  The owner of a vicious dog must present to the Village proof that the owner has obtained liability insurance in the amount of at least one million dollars ($1,000,000.00). Such insurance policy or declaration must specifically reference coverage for issues relating to the vicious dog, and that such coverage is available to pay claims arising from violations of this Chapter. The insurance policy shall also contain a provision that the Village will be notified by the insurance company in the event the policy is cancelled, reduced, terminated, or expired.  Notwithstanding the first sentence of this Section 90.291(E), the owner of a dog that has been declared vicious by the Village of Romeoville pursuant to Chapter 90 of the Village Code of Ordinances prior to June 7, 2017 shall only be required to obtain liability insurance in the amount of one hundred thousand dollars ($100,000.00), but such insurance shall otherwise comply with all the requirements of this Chapter, and provided further, however, that in the event that any such dog shall thereafter newly be declared by the Village to be vicious pursuant to this Chapter 90, the owner of such dog shall thereafter be required to obtain liability insurance in the amount of at least one million dollars ($1,000,000.00).

 

 

SECTION 4:  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 5:  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 6: 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.