(A) Cruelty: No person shall cruelly treat any animal in the city in any way; any person who inhumanely beats, underfeeds, overloads, abandons or neglects any animal shall be deemed guilty of a violation of this section. (Ord. 947, 9-7-1982)
(B) Dangerous Animals: It shall be unlawful to keep any dangerous animal or vicious animal of any kind within the corporate limits of the city. Whenever any dangerous animal or any vicious animal bites or attacks any person or any animal, the city attorney may petition any court of competent jurisdiction to obtain a court order directing the dangerous animal or the vicious animal to be destroyed. In addition to the foregoing acts, proof by a preponderance of the evidence that any animal has caused annoyance to persons using the public sidewalks, streets, or roads; or, has chased, worried, or molested any other animal or child; or, has in any other manner caused damage or injury to property or person, to include injury to other animals, shall be deemed, prima facie, a dangerous animal or a vicious animal. (Ord. 1078, 8-20-1985)
(C) Noises: It shall be unlawful to harbor or keep any animals which disturb the peace by loud noises at any time of the day or night.
Testimony of one or more persons residing or being in the neighborhood that such animal disturbed their peace and quiet shall be prima facie proof that such animal disturbed the peace and quiet of the neighborhood. (Ord. 947, 9-7-1982)
(D) Strays: It shall be unlawful to permit, suffer, or allow any cattle, horse, swine, sheep, goats, poultry or other animal, except as hereinafter provided, to run at large in the city; any such animal running at large in any public place or on property not owned or controlled by such animal's owner or keeper, shall be impounded in the manner provided in this chapter. It shall be unlawful to picket or tie any such animal in any of the streets or other public places of the city for the purpose of grazing or feeding. This offense is malum prohibitum in nature and no specific intent or special state of mind is required to constitute an offense. (Ord. 1125, 12-2-1986)
(E) Killing Dangerous Animals: The members of the Canton police department or any other person in the city, are authorized to kill any dangerous animal of any kind when reasonably necessary for the protection of any person.
(F) Diseased Animals: No domestic animal afflicted with a contagious or infectious disease shall be allowed to run at large, or to be exposed in any public place whereby the health of man or beast may be affected; nor shall such diseased animal be shipped or removed from the premises of the owner or keeper thereof, except under the supervision of the chief of police or the health officer.
It is hereby made the duty of the health officer to secure such disposition of any diseased animal and such treatment of affected premises as to prevent the communication and spread of the contagion or infection, except in cases where a veterinarian licensed to practice in the state of Illinois has been hired or retained by the owner or keeper of such diseased animal for the treatment of such diseased animal and the affected premises. (Ord. 947, 9-7-1982)
(G) Housing: It shall be unlawful to keep or to have any goats, cattle, rabbits, chickens or other barnyard or farm animals, within one hundred fifty feet (150') of any residence, other than the residence of the person so keeping or having such animals, within the city limits. It shall be unlawful to keep any live swine or pigs within the city limits.
If housed within the city limits, no person shall cause or allow any stable, coop, cage, or place where any animal is or may be housed, to become unclean or a nuisance. (Ord. 3068, 6-17-2014)
(H) License Required: No dog or cat shall be permitted to be or remain in the city without being licensed as hereinafter provided.
(I) License Fees: All dogs and/or cats kept in the city shall be registered as to name and address of the owner and name, sex and breed of the animal. At the time of such registration such owner shall obtain a license for such animal and pay a fee of five dollars ($5.00) for each such animal so licensed. It shall be the duty of said owner to cause such license tag to be securely attached around the neck of such animal and kept there at all times during the license period.
Each such license period shall run from the date of issuance and shall be valid for three hundred sixty five (365) days. Licenses shall be purchased prior to the beginning of the license period.
No dog license shall be issued unless a current certificate of inoculation for rabies is presented. Licenses shall be issued by the city clerk and may be issued by any licensed veterinarian having an office in the corporate limits.
Any veterinarian electing to issue city animal licenses shall be entitled to keep one dollar ($1.00) for each license issued; the balance of four dollars ($4.00) shall be remitted to the city clerk on a periodic basis and shall be remitted at least monthly. (Ord. 1768, 9-16-2003)
(J) Animals To Be Restrained: It is unlawful for any owner or keeper of any animal to permit, suffer, or allow such animals to be off the premises of such owner or keeper unless such animal is under restraint, or unless such animal is upon the property of another with that property owner's consent. This offense is malum prohibitum in nature and no specific intent or special state of mind is required to constitute an offense. As used in this subsection, "restraint" shall be taken to mean:
1. Under control by a line or leash not more than six feet (6') in length, when said line or leash is held by a competent person; or
2. When within a vehicle or enclosure, to include pen or kennels; or
3. When not more than fifty feet (50') from a competent person, if such animal is not annoying or worrying any person or domestic animal, or trespassing on private property. (Ord. 1125, 12-2-1986)
(K) Animal Control Officer: The animal control officer is hereby charged with the duty of impounding all strayed animals, all animals running at large, and all animals alleged to be dangerous animals or vicious animals. The animal control officer may declare an animal as dangerous or vicious based on the definitions set forth in subsection 6-4-7(A) of this chapter. The animal control officer shall serve the owner or keeper of the animal with notice that the animal has been preliminarily declared dangerous or vicious and said notice will provide the opportunity to object to such classification. Service of the notice can be effected by in person delivery or by registered mail at the address where the animal was last registered with the city of Canton. The owner or keeper of the animal has the opportunity to object to the classification of the animal as dangerous or vicious before a hearing officer within three (3) days of receipt of the notice preliminarily declaring the animal to be vicious.
At a hearing before the hearing officer, the city and the keeper or owner of the dog will have the opportunity to present testimony and evidence as to the nature of the animal. If the hearing officer upholds the designation of dangerous or vicious, the hearing officer may order that the animal be spayed or neutered and/or microchipped at the owner's or keeper's expense, restrained or other reasonable action which will protect the public. The order of the hearing officer is in addition to any penalties that may be sought by the city attorney for violations of this code. Any subsequent violations of subsection 6-4-7(A) of this chapter will be handled under subsection (B) of this section. (Ord. 1880, 8-15-2006)
(L) Redemption Of Impounded Animal: Any animal impounded under this chapter may be redeemed by such animal's owner or keeper by paying all applicable fees as assessed by the Fulton County animal control facility. Said fees will be due and payable to the Fulton County animal control facility. Said animals may be redeemed at the Fulton County animal control facility located at 22988 Illinois 9 Highway, Canton, Illinois. Said fees are subject to revision from time to time as the county of Fulton deems appropriate and said changes will be reflected by resolution.
No animal shall be released from impoundment unless proof of proper rabies inoculation is first presented to the animal control officer. (Ord. 1907, 7-3-2007)
(M) Impoundment Of Licensed Animals; Notice: In addition to the notice requirements of subsection (K) of this section, written notice shall be mailed to the registered owner of any animal wearing a current license tag concurrently with the posting of notice required by subsection (K) of this section. The animal control officer shall give such written notice and shall retain a copy of such notice with proof of service for the city files. (Ord. 947, 9-7-1982)
(N) Animal Bites: Whenever any animal bites a person, the owner or keeper of such animal, or, any person having knowledge of such bite, shall immediately notify the chief of police who shall order in writing that such animal be impounded as above set forth for a period of fourteen (14) consecutive days, exclusive of the day of the bite. The animal shall be examined immediately after it has bitten a person by a veterinarian licensed to practice in the state and shall be examined again at the end of such fourteen (14) day period by the same veterinarian. If at the end of the fourteen (14) day period the same veterinarian, in writing, certifies the animal to be free from rabies, such animal shall be released from impoundment if its owner or keeper first pays all impoundment costs and fees as above set forth and, also, first reimburses the city for the actual expenses of having such animal examined by a veterinarian as aforesaid. If the owner or keeper fails to redeem such animal from impoundment, it shall be destroyed at the end of said fourteen (14) day period. If the animal dies during the fourteen (14) day period, its head shall be sent to appropriate state authorities for examination for rabies. The fourteen (14) day impoundment period contemplated in this subsection may be extended for such other reasonable period as may seem necessary to protect the public health and/or safety by the chief of police. (Ord. 1078, 8-20-1985)
(O) Trucks Containing Livestock: It is unlawful to stand or park any truck or vehicle containing livestock in the city for a period of time longer than five (5) minutes, except for loading or unloading.
(P) Nuisance By Animals: It is unlawful for any owner, keeper or walker of any animal to permit such animal to discharge or deposit such animal's excreta upon any public or private property, other than the property of the owner or keeper of such animal, if such owner, keeper or walker does not immediately thereafter remove and clean up such animal's excreta from the public or private property. Nothing in this subsection shall be construed to negate the requirement of this chapter relating to unclean or unwholesome housing of animals or to negate the requirements of any other portion of this chapter. (Ord. 947, 9-7-1982)
(Q) Mandatory Rabies Inoculation: Every owner or keeper of a dog or cat kept or found 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 be established by regulations promulgated pursuant to the Illinois animal control act 1 . For purposes of this subsection the term "cat" is defined as a domesticated carnivorous mammal scientifically known as Felis domestica, of whatever breed, sex or variety. (Ord. 1200, 6-21-1988)
(R) Fees: As applicable in this chapter, the following fees are hereby in effect:
Pick up fee | $25.00 | |
Boarding fee | 18.00 | for first day, $10.00 per each additional day |
State safety tax | 25.00 | |
Surrender fee | 30.00 |
Said fees are subject to revision from time to time as the county of Fulton deems appropriate and said changes will be reflected by resolution. (Ord. 1907, 7-3-2007)
Notes
| 1 | 1. 510 ILCS 5/1 et seq. |