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Violations of section 6-4-2 of this chapter shall be required to appear in court. Any person who is convicted of violating subsection 6-4-2(A) of this chapter shall be subject to a fine of not less than two hundred fifty dollars ($250.00) nor more than seven hundred fifty dollars ($750.00), exclusive of court costs, for each such occurrence. Violation of subsections 6-4-2(B) through (R) through section 6-4-5 of this chapter shall be governed by title 1, chapter 27, "General Penalty", of this code and the fee schedule that is adopted by city council from time to time. (Ord. 4034, 7-19-2016)
(A) Definition Of Terms: As used in this section:
OWNER: Any person, firm, corporation, organization or department possessing or harboring or having the care or custody of a dog.
VICIOUS DOG: 1. Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals; or
2. Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal; or
3. Any dog owned or harbored primarily or in part for the purpose of dogfighting, or any dog trained for dogfighting.
A vicious dog is "unconfined" if the dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the owner of the dog. The pen or structure must have secure sides and a secure top attached to the sides. If the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot (1'). All such pens or structures must be adequately lighted and kept in a clean and sanitary condition. (Ord. 1199, 6-21-1988; amd. Ord. 1950, 10-21-2008)
(B) Confinement: The owner of a vicious dog shall not suffer or permit the dog to go unconfined.
(C) Leash And Muzzle: The owner of a vicious dog shall not suffer or permit the dog to go beyond the premises of the owner unless the dog is securely muzzled and restrained by a chain or leash, and under the physical restraint of a person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or animal.
(D) Signs: The owner 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.
(E) Dogfighting: No person, firm, corporation, organization or department shall possess or harbor or maintain care or custody of any dog for the purpose of dogfighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging the dog to attack human beings or domestic animals.
(F) Penalties: Whoever violates any provision of this section shall be guilty of a misdemeanor and may be punished by a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00), or imprisonment of not more than six (6) months in jail, or by both fine and imprisonment.
(G) Severability: If any section, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by a decision of any court, such a decision shall not affect the validity of the remaining portions of this section. (Ord. 1199, 6-21-1988)
(A) Definitions: The following words, terms and phrases when used in this section, shall have the meaning ascribed in this subsection, except where the context clearly indicates a different meaning:
ANIMAL: Every nonhuman species of animal, both domestic and wild.
CAT: All domestic members of the feline family, Felis catus.
DOG: Includes all domestic members of the canine family, Canis familiaris.
DOMESTIC ANIMALS: The following are considered to be domestic animals:
1. Dogs (not including hybrids of dogs).
2. Cats (not including hybrids of cats).
3. Domestic rodents (hamsters, guinea pigs, white mice, white rats, etc.).
4. Farm animals (equines, bovines, swine, ovine, caprine, poultry and rabbits).
5. Nonlife threatening, nonpoisonous reptiles or amphibians.
6. Nonlife threatening, nonpoisonous fish.
7. All birds, except those protected as wild birds by state or federal statute.
EXOTIC ANIMALS: Any nondomestic animal not native to the state.
KEEP: Owning, possessing or harboring. The term "harboring" shall include regular feeding.
NUISANCE: For purposes of this chapter, an animal is considered a nuisance when it causes inconvenience or disturbance to other persons by reason of noise, odor or when said animal:
1. Damages real or personal property other than the owner's;
2. Causes unsanitary, dangerous or unreasonably offensive conditions;
3. Causes a disturbance by excessive barking, caterwauling or other noisemaking;
4. Chases vehicles;
5. Chases, molests, attacks, bites, interferes with or physically intimidates any person while on or off the premises of the owner;
6. Chases, molests, attacks, bites, or interferes with other animals while off the premises of the owner.
WILD ANIMAL: Any living member of the animal kingdom (including exotic animals) other than a domestic animal. (Ord. 1467, 6-6-1995; amd. Ord. 1914, 11-20-2007)
(B) Possession Of Certain Animals Prohibited: No person, partnership, firm or corporation shall keep, harbor, possess, care for, act as custodian for or have a right of property in:
1. A wild animal (including, but not limited to, all animals enumerated in section 1 of the dangerous animal act of Illinois) except circuses, zoos, veterinary hospitals or clinics, animal shelters which must be legally licensed pursuant to federal and/or state statutes, or facilities licensed and regularly inspected by the USDA and which are located within a proper zoning classification.
2. Any animal or bird which has been declared "rare" and/or "endangered" by any national government, recognized international organization or by interim treaty, including animals listed in the federal animal welfare act.
3. Any exotic animal or bird.
(C) Sale, Lease Or Transfer: No person shall sell, lease or transfer any of the animals described in subsection (B)1 of this section except to a legally licensed dealer, circus or zoo. (Ord. 1467, 6-6-1995)
(D) Keeping Of Dogs, Cats And Rabbits: Notwithstanding any other requirements of this chapter, no household or individuals comprising a household shall keep or maintain more adult dogs and/or adult cats and/or adult rabbits on or about his/her household or place of residence than can be reasonably cared for without causing a nuisance.
(E) Limit On The Number Of Animals: No household shall harbor four (4) or more animals (as defined in this section) over the age of six (6) months on property within the city without obtaining a multiple pet license under this chapter. Even households or individuals who have obtained multiple pet licenses cannot maintain more adult dogs and/or adult cats and/or adult rabbits on or about his/her household or place of residence than can be reasonably cared for without causing a nuisance.
The licensing requirement shall not apply to property operated as an animal hospital or veterinary clinic when operated by a veterinarian licensed under the Illinois veterinary medicine and surgical practice act of 2004.
The licensing requirement shall not apply to individuals or households engaged in the business of pet shop operator, dog dealer, kennel operator, cattery operator, operator of a guard dog service, an animal control facility or animal shelter, as defined by the animal welfare act 1 . The city may request verified financial reports from a certified accountant or tax professional providing sufficient information and detail to establish that individuals or member(s) of the household are engaged in the professions outlined above. The city may request proof of a current license issued by the Illinois department of agriculture pursuant to the animal welfare act 2 . Inability to produce appropriate financial records or a state license will be considered prima facie evidence of a violation of this subsection.
The licensing requirement shall not apply to households engaged in the act of foster care for animals in need in which case the city may request documentation from the referring agency providing sufficient information and detail to establish that member(s) of the household is engaged in the act of foster care for animals or the city may request proof of a current license issued by the Illinois department of agriculture pursuant to 225 Illinois Compiled Statutes 605/3.2. Inability to produce appropriate financial records or a state license will be considered prima facie evidence of a violation of this subsection.
1. Multiple Pet License: Multiple pet owners, excepting those above, shall obtain an annual license from the city clerk upon application for issuance or renewal of a multiple pet license and payment of a fee. Such license shall be obtained no later than thirty (30) days after assuming ownership of a fourth pet and must be renewed annually by January 1. The initial fee shall be twenty five dollars ($25.00) and the annual renewal fee shall be ten dollars ($10.00). Payment of a license or renewal fee by a multiple pet owner shall not exempt such licensee from payment of any other city registration fees for each pet owned by him. (Ord. 1914, 11-20-2007)
(F) Farm Animals: Except as otherwise provided in this code, all farm animals, including those classified as pets, shall be prohibited. (Ord. 3069, 6-17-2014)
(G) Public Display: It shall be unlawful for any person to display in public in the city any animal, bird or reptile which will reasonably cause fear or apprehension of bodily injury in a person of normal sensibilities. This subsection shall not apply to animals, birds or reptiles in confinement or in cages. (Ord. 1485, 10-17-1995; amd. Ord. 1914, 11-20-2007)
(H) Penalty; Revocation; Impoundment:
1. Penalty: Violation of this section shall cause a penalty to be issued in the form of a fine of not less than seventy five dollars ($75.00) nor more than five hundred dollars ($500.00).
2. Revocation Of Multiple Pet License: Upon conviction or plea of a second violation of the multiple pet license requirements pursuant to this chapter, and each subsequent violation, the city may revoke the multiple pet license for a period of not less than three (3) months nor more than two (2) years, the length of such revocation period to be determined by the number and severity of the violations. After expiration of the revocation period, the license shall not automatically be reinstated. The former licensees must reapply for the license and show an ability to conform to the existing ordinances before he or she may be issued a multiple pet license. During the revocation period, the owner shall either relinquish ownership of his or her pets to an animal shelter or place his or her pets in the care of another person. A multiple pet license may also be revoked if the licensee fails to consent to an inspection of the licensed premises after a request for an inspection by the city based upon the city's good faith belief that violations of this section have occurred.
3. Impoundment Of Multiple Pets: The city may impound the pets of any multiple pet owner if such owner does not hold a multiple pet license. Such pets shall be redeemed by the owner upon payment to the city the lawful fees accrued pursuant to this chapter and after application and approval for a multiple pet owner license. (Ord. 1914, 11-20-2007)
Notes
| 1 | 1. 225 ILCS 605 et seq. |
| 2 | 2. 225 ILCS 605/3. |