20 THE AUDUBON BULLETIN 



The validity of the ordinance was called in question by fifteen citizens of 

 Maywood, who, on September 19, filed a bill praying that the circuit court 

 restrain the village board from enforcing the cat ordinance, basing their 

 petition upon the charge that the law was unconstitutional. It is probable 

 that this is the first time in the history of Illinois that such action has been 

 brought before one of its courts of record. On October 20, when the case 

 came up for final disposition, Judge Merritt W. Pinckney gave both sides a 

 hearing but dismissed the case on the ground that the ordinance, by its own 

 terms, applies only to the period from April 1 to October 1 of each year, 

 and, as at the time of the hearing the ordinance was inoperative, the ques- 

 tion of its validity was not properly before the court. Another attack will 

 probably be made upon the ordinance the coming spring, but this will find 

 the Maywood Bird Club ready to defend its position." 



General interest in the subject justifies the reproduction below of the 

 original text of the Maywood's Bird Club Ordinance. It is suggested by 

 Mr. Langdon that the word "adult" be inserted in section 6 before the 

 word "persons." 



CAT ORDINANCE 



BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE 

 VILLAGE OF MAYWOOD, AS FOLLOWS: Sec. 1. THAT WHEREAS stray and unrestrained 

 cats wandering about the Village of Maywood have become a menace to the public health and 

 a source of damage to gardens, and have been and are destroying large numbers of birds living 

 and nesting within the limits of the Village, therefore the permitting or keeping of any stray 

 or unrestrained cats within the limits of the Village of Maywood, contrary to the terms of this 

 ordinance, is hereby declared to be a nuisance and any such cats shall be dealt with as here- 

 inafter provided, and the owners and keepers thereof shall be subject to the fines hereby imposed 

 for any violation of this ordinance. 



Sec. 2. STRAY CAT. The term, stray cat, as used in this ordinance shall be held and 

 construed to mean any cat within the limits of the Village of Maywood and not on the premises 

 of the owner or keeper thereof. 



See. 3. UNRESTRAINED CAT. The term, unrestrained cat, as used in this ordinance shall 

 be held and construed to mean any cat not controlled or kept in proper confinement by the 

 owner or keeper thereof as hereinafter provided. 



Sec. 4. CONTROL AND RESTRAINT OF CATS. No person shall cause or permit any cat 

 or cats owned or kept by him or her to run at large on any street, alley or other public place, 

 or upon the premises of any other person, within the Village of Maywood between the hours of 

 7 P. M. and 9 A. M. of each and every day during the breeding season of the birds, to-wit: 

 from April 1 to September 30, both inclusive, of each and every year. 



Sec. 5. POLICE CONTROL. It shall be the duty of the Village Marshall, his assistants, 

 and all policemen of the Village to warn any owner or keeper of any cat who violates any 

 of the provisions of this ordinance that upon a second violation the cat will be killed, and if 

 after such warning any such owner or keeper again violates the provisions hereof by neglecting 

 to restrain his cat as herein provided, such cat shall be forthwith killed by such officer in some 

 humane manner. 



Sec. 6. TRESPASS. All persons shall have the right to kill any and all stray or unrestrained 

 cats trespassing upon their premises at any and all times, and the owners or keepers of such 

 cats so killed shall have no right of redress therefore. 



Sec. 7. PENALTIES. Any person violating any of the provisions of this ordinance shall 

 be subject to have his or her cat taken up and killed as herein provided, and shall also be sub- 

 ject to a fine of not less than $2.00 or more than $5.00 for each violation of this ordinance. 



Passed June 14th, 1917. 



Approved: Henry W. Tolsted, President. 



Attest June 14. 



Edw. J. Thelin, Village Clerk. 



