CHAPTER
6
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