For the purposes of this
Chapter, the terms herein are defined as follows:
A. ANIMAL: Any animal, other than man, which may be affected by
rabies.
B. APPROVED POUND: Any facility for the
purpose of impounding or harboring seized, stray, homeless, abandoned or
unwanted animals or any veterinary hospital or clinic authorized by the Chief
of Police.
C. AT LARGE: Being off the premises of the
owner and not under control by leash or other physical restraints.
D. CAT: Any member of the domestic felis
catus species.
E. DANGEROUS ANIMAL: Any lion, tiger,
leopard, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarundi, bear, hyena, wolf or coyote, or any poisonous
or life-threatening reptile or any other mammal (with the exception of dogs),
amphibian, reptile or fowl which is of a species which, due to size, vicious
nature or other characteristics would constitute a danger to human life,
physical well-being or property.
F. DANGEROUS DOG: Any individual dog
which, when either unmuzzled, unleashed, or
unattended by its owner, or a member of its owner's family, approaches any
person in a ferocious or terrorizing manner, and in an apparent attitude of
attack.
Sec. 2.05a. "Dangerous dog" means (i) any
individual dog anywhere other than upon the property of the owner or custodian
of the dog and unmuzzled, unleashed, or unattended by
its owner or custodian that behaves in a manner that a reasonable person would
believe poses a serious and unjustified imminent threat of serious physical
injury or death to a person or a companion animal or (ii) a dog that, without
justification, bites a person and does not cause serious physical injury.
G. DOG: Any member of the domestic canine species.
H. ENCLOSURE: A fence or structure of at
least six feet (6') in height, forming or causing an enclosure suitable to
prevent the entry of young children, and suitable to confine a vicious dog in
conjunction with other measures which may be taken by the owner or keeper, such
as tethering of a vicious dog. Such enclosure shall be securely enclosed and
locked and designed with secure sides, top and bottom and shall be designed to
prevent the animal from escaping from the enclosure.
Sec. 2.11a. "Enclosure" means a fence or structure of at least 6
feet in height, forming or causing an enclosure suitable to prevent the entry
of young children, and suitable to confine a vicious dog in conjunction with
other measures that may be taken by the owner or keeper, such as tethering of
the vicious dog within the enclosure. The enclosure shall be securely enclosed
and locked and designed with secure sides, top, and bottom and shall be
designed to prevent the animal from escaping from the enclosure. If the
enclosure is a room within a residence, it cannot have direct ingress from or
egress to the outdoors unless it leads directly to an enclosed pen and the door
must be locked. A vicious dog may be allowed to move about freely within the
entire residence if it is muzzled at all times.
I. IMPOUNDED: Taken into the custody of a public pound.
J. LEASH: A cord, rope, strap or chain
which shall be securely fastened to the collar or harness of a dog or other
animal and shall be of sufficient strength to keep such animal under control.
K. OWNER: Any person having a right of
property in an animal or who keeps or harbors an animal or who has in his care
or acts as its custodian or who knowingly permits a domestic animal to remain
on or about any premises occupied by him/her.
L. PERSON: Any individual, firm,
association, partnership, corporation, or other legal entity.
M. VICIOUS DOG:
1. Any individual dog that when unprovoked
inflicts bites or attacks a human being or other animal either on public or
private property; or
2. Any
individual dog with a known propensity, tendency, or disposition to attack
without provocation, to cause injury or to otherwise endanger the safety of
human beings or domestic animals; or
3. Any
individual dog which attacks a human being or domestic animal without
provocation; or
4. Any
individual dog which has been found to be a
"dangerous dog" upon three (3) separate occasions.
Sec. 2.19a. "Serious physical injury" means a
physical injury that creates a substantial risk of death or that causes death,
serious disfigurement, protracted impairment of health, impairment of the
function of any bodily organ, or plastic surgery.
5. No
dog shall be deemed "vicious" if it bites,
attacks, or menaces a trespasser on the property of its owner or harms or
menaces anyone who has tormented or abused it or is a professionally trained
dog for law enforcement or guard duties.
It shall be unlawful for any
person to inhumanely or cruelly beat, injure, underfeed, overload, abandon or
otherwise abuse any animal.
A. Cruel
Treatment: No person or owner may beat, cruelly treat, torment, starve,
overwork or otherwise abuse any animal. No owner may abandon any animal where
it may become a public charge or may suffer injury, hunger or exposure.
B. Confinement
of Animals in Motor Vehicles: No owner or person shall confine any animal in a
motor vehicle in such a manner that places it 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 of an animal, a law enforcement officer/community
service officer who has probable cause to believe that this Section is being
violated shall have authority to enter such motor vehicle by any reasonable
means under the circumstances after making a reasonable effort to locate the
owner or person in apparent control of the vehicle.
C. Teasing,
Striking Or Tampering With Police Dogs Prohibited: It shall be unlawful for any
person to willfully and maliciously taunt, torment, tease, beat, strike, or
administer or subject any desensitizing drug, chemical or substance to any dog
used by a law enforcement officer in the performance of his functions or
duties, or when placed in a kennel off duty, or to interfere or meddle with any
such dog used by a law enforcement department or agency or any handler thereof
in the performance of the functions or duties of said department or agency.
D. Injury
Or Killing Police Dogs Prohibited: It shall be unlawful for any person to
willfully or maliciously torture, mutilate, injure, disable, poison or kill any
dog used by a law enforcement department or agency in the performance of the
functions or duties of such department or when placed in a kennel off duty.
However, a police officer or veterinarian may perform euthanasia in emergency
situations when delay would cause the dog undue suffering and pain.
E. Chaining
or Tethering Prohibited: It shall be unlawful to chain, tie, fasten, or
otherwise tether dogs or cats to trees, fences, or other stationary objects as
a means of confinement to property, without supervision, except for limited
temporary time periods not to exceed one-half hour per day.
Sec. 6-3. Running at large prohibited.
It shall be unlawful:
A. For
any dog or cat not on a leash and under the control of its owner to go upon the
lawn or other private property of anyone but the owner of the dog or cat,
without the express or implied permission of the owner of said property or of
the person in lawful possession thereof;
B. For
any dog or cat to run at large.
For the purposes of this subsection, any dog or cat not upon the premises of
its owner or such other person having custody, possession or control over any
such dog or cat which is not on a leash and under the control of a person
physically able to control it shall be deemed to be running at large. Any
person owning, having custody, possession or control over any dog or cat which
violates any provisions of this Section shall be guilty of an unlawful act.
C. Any
dog or cat found running at large in the City shall be deemed and considered a
public nuisance and said dog or cat shall be subject to impoundment pursuant to
this Chapter six
No owner shall keep, harbor, own
or otherwise maintain any animal in the City which unduly disturbs the peace or
quiet of any neighborhood by habitual or regular barking, howling, whining,
meowing or other noise making or any female animal in heat which causes other
animals to disturb the peace or quiet of any neighborhood by barking, howling
or whining. The owner of said animal shall be responsible for abating said
nuisance immediately.
Sec. 6-5. Killing or wounding birds.
No person shall kill or wound,
or attempt to kill or wound, any bird within the City, or enter upon any
private enclosure or public grounds belonging to the City for the purpose of
killing or wounding or attempting to kill or wound any bird.
Sec. 6-6. Disposal of excrement:
The owner of any dog or cat
shall not permit such animal to defecate on any property other than that of the
owner of the animal unless such owner causes the excrement to be removed
immediately and disposed of in a sanitary manner. Any person convicted of a violation of this
section shall be subject of a fine of not less than $50.00 nor
more than $500.00.
Sec. 6-7. Livestock and poultry.
It
shall be unlawful for any person to possess any cattle, horse, swine, sheep,
goat or poultry in the City.
Sec 6-7. Cattle,
horse etc. prohibited; exception.
It shall be unlawful for any
person or entity to keep, house or raise any cattle, horse, swine, sheep, goat
or poultry in the City except in certain areas designated as non-conforming
uses.
The terms keep, house or
raise shall be deemed to mean the presence of any of
the prohibited animals referred to in this section for a period in excess of
twenty-four (24) hours.
Sec. 6-8. Rabies vaccination required.
A. Required:
Every owner of a dog four (4) months or more of age within the corporate limits
of the City shall cause such dog or cat to be inoculated against rabies by a
licensed veterinarian at such intervals as may hereafter be established by
regulations pursuant to the Animal Control Act, 510 Illinois Compiled Statutes
5/1 et. seq. The owner of any
such inoculated dog or cat shall cause a rabies inoculation tag to be affixed
to the collar or harness of such dog or cat.
B. Time:
Any dog or cat acquired by a resident of the City shall be vaccinated for
rabies by a licensed veterinarian
within thirty (30) days after such acquisition, except as provided in
subsection A of this Section.
C. Intervals:
The owner or keeper of any dog or cat within the City which is subject to
vaccination in accordance with the provisions of this Section shall have such
dog or cat vaccinated against rabies at such intervals and with such vaccine as
may be determined by a licensed veterinarian to be effective in order to
maintain protection against rabies.
Sec. 6-9. Rabies control provisions.
(A) Every person discovering or suspecting
any animal to be suffering with rabies shall forthwith report such fact to the
animal commissioner or chief of police, giving the name and address of the
owner of such animal and the license number thereof, if known.
(B) If such animal, after examination by a
veterinarian, is verily suspected to be suffering with
such disease, the animal shall be immediately impounded at a licensed animal
hospital whose establishment is located in the county for a period of not less
than ten days for observation. If such animal should die during the interval of
observation, the intact brain shall forthwith be delivered to the laboratory of
the state department of public health.
(C) Any animal which shall
have been bitten by another animal having or suspected of having rabies
shall be immediately impounded for observation, as provided by statute.
(D) It shall be unlawful for the owner of any
animal, when notified that such animal has bitten or scratched any person so as
to cause an abrasion of the skin, to sell or give away such animal or to permit
or allow such animal to be taken beyond the limits of the county, but it shall
be the duty of such owner, upon receiving notice of the character aforesaid, to
immediately place such animal in duly licensed veterinary hospital located in
the county where such animal shall be confined for a period of at least ten
days for observation, or deliver such animal to the animal commissioner, chief
of police for any police officer for such placement.
The owner or custodian of any animal suffering
from or suspected to be suffering from rabies as
provided herein shall surrender possession of such animal to any police officer
of the City on demand.
(E) In case such animal is delivered to a
veterinary hospital, notice of the name and location of such hospital shall be
immediately furnished to the animal commissioner or chief of police by the
owner of such animal, and upon receipt of such, the veterinary hospital shall
submit to the animal commissioner or chief of police or the county rabies
control division, a certificate stating that such animal either shows no
symptoms of rabies or does show symptoms of rabies.
(F) If, at the expiration of the ten days of
confinement in such veterinary hospital, the veterinary hospital shall submit
to the animal commissioner or chief of police or the county rabies control
division a second certificate stating that the animal does not have rabies, the
animal may then be released by the animal commissioner or chief of police or
the county rabies control division.
A. Impoundment Procedures:
1. The
City shall keep a record of the breed, color and sex of the animal and name and
address of the owners, if known, and subsequent disposition of the animal
coming into its custody.
2.
If the owner of the animal is known, the City shall
notify the owner by mail or telephone of the impoundment and the procedure
whereby the animal may be redeemed. The City shall also inform the pound
wherein the animal is impounded of the date that such notification has been
given to the animal's owner.
3. If
the identity of the owner becomes known while the
animal is impounded, the City shall at the time give the notification in
accordance with subsection A2 of this Section.
B. Redemption:
In the event that the owner of any impounded animal desires to make redemption
thereof, the owner shall do so on the following conditions:
1.
The owner must present proof of
valid rabies inoculation.
2. The
owner shall pay to the City a ten dollar ($10.00) impounding fee, which shall
be in addition to any fine or other penalty provided under this subsection and
in addition to any costs of the pound.
3. The
owner shall pay to the pound any daily kennel costs and the cost of any
veterinary services provided.
C. Disposal
of unredeemed animals: When an animal is not redeemed by the
owner as provided in subsection B of this Section, the animal shall
become the property of the pound to be disposed of in a humane manner or made
available for adoption according to procedures established by said pound
provided:
1. In
any case where the
identity of the owner is known or becomes known, the animal may not be disposed
of unless the animal is unredeemed by the owner within ten (10) days after
notice of impoundment is given.
2. In
any case where the identity of the owner is not known,
the animal may be disposed of only if the owner fails to redeem it within seven
(7) days of the date of impoundment.
D. Impounding
Provisions Not To Stop Prosecution of Owners: Nothing
contained in this Chapter shall operate as an estoppel
of the prosecution of the owner of an animal found running at large for the
violation of any provision of this Chapter.
Sec. 6-11. Dangerous animals prohibited.
A. Prohibition:
No person shall have a right of property in, keep, harbor, care
for, act as custodian of or maintain in his possession any dangerous animal
except at a properly maintained zoological park, federally licensed exhibit,
circus, scientific or educational institution, research laboratory, veterinary
hospital or animal refuge in an escape-proof enclosure.
B. Domestication
No Defense; Seizure and Confiscation: It is no defense
to a violation of subsection A of this Section that the person violating such
subsection has attempted to domesticate the dangerous animal. If there appears
to be imminent danger to the public, any dangerous animal found not in
compliance with the provisions of this Chapter may be subject to seizure and
may immediately be placed in an approved facility. Upon the conviction of a
person for a violation of subsection A of this Section, the animal with regard
to which the conviction was obtained, may be seized and placed in an approved
facility. The owner shall be responsible for all costs connected with the
seizure and confiscation of such animal. Approved facilities include, but are
not limited to, a zoological park, federally licensed exhibit, humane society,
veterinary hospital or animal refuge.
A. "Found
to be vicious" means that an animal control warden or law enforcement
officer has conducted an investigation and made a finding in writing that the
dog is a "vicious dog" as defined in section 6-1(M) of this chapter
and based on that finding, the animal control warden or law enforcement officer
has declared in writing that the dog is a vicious dog; or the circuit court has
found the animal to be a "vicious dog" as defined in section 6-1(M)
of this chapter and has entered an order based on that finding.
B. Keeping
or Maintaining: It shall be unlawful for any person, corporation, partnership
or entity to keep or maintain any dog found to be vicious dog, unless such dog
is at all times kept in an enclosure sufficient to restrain the animal from
leaving the enclosure. Such enclosure shall be securely enclosed and locked at
all times and designed with secure sides, top and bottom and shall be designed
to prevent the dog from escaping from the enclosure. The surface of the enclosure
shall be of concrete, asphalt, concrete paving blocks or other impervious
material as approved by the building department. The only times that a vicious
dog may be allowed out of the enclosure are: 1) if it is necessary for the
owner or keeper to obtain veterinary care for the vicious dog; or 2) to comply
with the order of a court of competent jurisdiction, provided that said vicious
dog is securely muzzled and restrained with a chain having a tensile strength
of three hundred (300) pounds and not exceeding three feet (3') in length, and
shall be under the direct control and supervision of the owner or keeper of the
vicious dog.
C.
A dog found to be a vicious dog shall not be released
to the owner until the chief of police or animal control warden approves the
enclosure as defined in this section.
D. Sell
Or Give Away: No owner or keeper of a dog found to be
a vicious dog shall sell or give away any vicious dog.
E. Signs: The owner or possessor
of a vicious dog shall display in a prominent place on his or her premises a
clearly visible warning sign indicating that there is a VICIOUS DOG on the
premises. A similar sign is required to be posted on the pen or kennel of the
animal.
F. Licensing
of vicious dogs.
1. No
person shall posses any dog found to be vicious for a period of more than
forty-eight (48) hours without first having obtained a license therefore from
the City.
2. An
application for a license to possess a vicious dog shall be filed with the City
Clerk on a form prescribed and provided by the City Clerk and shall be
accompanied by all of the following:
a. Verification of the identity of the
owner or possessor and current address by providing a copy of the owner's or possessor's driver's license.
b. Proof of ownership of the vicious dog.
c. A license fee of $50.00 per year shall
be paid by the owner.
d. Such other information as may be
required by the City clerk.
3. Upon
receipt of an application, the City clerk shall forward such application to the
police department which shall cause an inspection of
the premises on which the vicious dog shall be kept to determine that all
provisions of this division relating to confinement and posting of signs have
been complied with by the applicant.
G. Appeals
under Section 6-16: Any person aggrieved by a decision or finding under this
section 6-16, including but not limited to a finding that a dog is vicious, in
whole or in part shall have the right to appeal the finding to a hearing
officer appointed by the Mayor. All appeals shall be taken on the form provided
by the City. Any and all appeals shall be filed with the City clerk no later
than fourteen (14) days after the finding or decision. In the event that an
appeal is not taken within fourteen (14) days, the applicant shall be deemed to
have acquiesced in the finding or decision and the matter shall be deemed
concluded.
Sec. 6-13 Animal
fighting prohibited.
No
person shall fight or bait, conspire or promote to fight or bait, or keep, train,
or transport for the purpose of fighting or baiting with any human or another
animal, any animal including but not limited to dogs, cats and fowl.
Sec. 6-14. Exceptions to Chapter:
Guide dogs for the blind or
hearing impaired, support dogs for the physically handicapped, and sentry,
guard or police-owned dogs are exempt from this Chapter, provided that any
attack or injury to a person occurs while the dog is performing duties as
expected. To qualify for exemption under this Section each such dog shall be
currently inoculated against rabies.
Sec. 6-15. Penalties.
Excepting violations of Section
6-6, any person convicted of a violation of any provision of this Chapter shall
be subject to a fine of not less than five hundred dollars ($500.00) nor more
than one thousand dollars ($1000.00) for each such violation; provided,
however, that any person convicted of a violation of any provision of this
Chapter more than once during a period of twelve (12) consecutive months shall
be subject to a fine of not less than one thousand dollars ($1000.00) for the
second such offense and not less than one thousand five hundred dollars
($1500.00) for the third such offense and each subsequent offense during such
twelve (12) month period.
Sec. 6-16. Prosecution of
owners.
Nothing contained in this
Chapter shall operate to prevent the prosecution of the owner of an animal for
the violation of any provision of this Chapter.
(Illinois Muncipal Code, 65 ILCS 5/1-1-1 et. seq. and the Animal
Control Act § 510 ILCS 5/24; Ord. 2008-03; 2/4/08)
CHAPTER 6
Definitions.6 01
Cruelty to
animals
...6 02
Running
at large prohibited
6 03
Nuisance
animals
.6 04
Killing
or wounding birds
6 -05
Disposal
of excrement
..6- 06
Livestock
and poultry
...6- 07
Cattle,
horses etc. prohibited; exception
.. 6-07
Rabies
vaccination required
..6-08
Rabies
control provisions
..6-09
Impounding
animals
..6-10
Dangerous
animals prohibited
...6-11
Vicious
Dogs
.6-12
Animal
Fighting prohibited
...6-13
Exceptions
to Chapter
....6-14
Penalties
.6-15
Prosecution
of owners
6-16