4-384-010 Definitions.

   For purposes of this chapter, the following terms shall have the meaning ascribed to them in Chapter 7-12 of this Code: "animal", "animal control center", "cat", "Commission", "dog", "Executive Director", "horse", "impounded", "microchip", "owner", "pet", "sterilization", and "veterinarian".

   "Adequate space" means sufficient space for the animal to stand up with neck in fully upright position, sit down, lie down with legs outstretched, and offer freedom of movement;

   "Animal care facility" means any person engaged in the business of boarding, breeding, training for a fee, letting for hire other than guard dogs, or providing day care for any dog or cat. An "animal care facility" does not include: (1) the animal control center; (2) any animal care facility, kennel, pound or training facility operated by any subdivision of local, state, or federal government; or (3) any humane society, any veterinary hospital, or any research facility subject to inspection under separate provisions of local, state or federal law.

   "Animal exhibition" means any public or private animal exhibition staged within the City, with or without charge to viewers, including but not limited to zoos, circuses, rodeos, dog shows, cat shows, livestock exhibitions, horse shows, other shows or exhibitions utilizing or displaying animals, or the display of any animal for purposes of advertising or promotion. For purposes of classifying animal exhibitions as temporary or permanent, a "temporary" animal exhibition shall mean one with a duration of 30 consecutive days or less, and a "permanent" animal exhibition shall mean one with a duration exceeding 30 consecutive days.

   "Day care for dogs" means any person who, for compensation, provides care for less than 24 hours per day for two or more dogs; provided that a "day care for dogs" shall not include any person who provides: (1) dog walking services only; or (2) care for a dog only in the residence of the dog owner.

   "Enclosure" means a space that is surrounded by four walls and capable of separating an animal from other animals.

   "Grooming facility" means any person engaged in the business of bathing, dipping, clipping, combing, or cleaning any animal for the purpose of improvement of the animal's appearance. "Grooming facility" does not include any facility operated by any subdivision of local, state or federal government that provides grooming for animals.

   "Guard dog" means any dog used primarily for the purpose of defending, patrolling, or protecting property or life at a commercial establishment other than a farm; provided that, "guard dog" does not include stock dogs used primarily for handling and controlling livestock or farm animals; provided further, that "guard dog" shall not include any dog that is the property of any local, state or federal government.

   "Guard dog service" means any person, primarily engaged in the business of furnishing or leasing guard dogs for the protection of life or property.

   "Humane society" means any not-for-profit corporation chartered under the laws of the State of Illinois for the object of animal welfare.

   "Pet shop" means any person engaged in the business of selling or offering to sell animals suitable for use as pets; provided that a "pet shop" shall not include: (1) any animal control center, animal care facility, kennel or pound or training facility operated by any subdivision of local, state, or federal government; (2) any research facility subject to inspection under separate provisions of local, state or federal law; or (3) the isolated or occasional sale of animals by a person who sells only such animals that he has produced and raised.

   "Veterinary hospital" means any establishment maintained and operated by a veterinarian for the diagnosis, vaccination, treatment or surgery of diseases and injuries of animals.

(Amend Coun. J. 4-16-97, p. 42588; Amend Coun. J. 7-26-06, p. 81829, § 2; Amend Coun. J. 2-7-07, p. 98109, § 3; Amend Coun. J. 5-9-12, p. 27485, § 148; Amend Coun. J. 6-17-15, p. 1340, § 1; Amend Coun. J. 4-21-21, p. 29618, § 1)

4-384-015 Prohibition on the retail sale of dogs, cats and rabbits.

   (a)   Definitions. As used in this section:

   "Animal shelter" means the animal control center or any pound or shelter maintained by or under contract with a state, county, or other municipality, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.

   "Commercial producer" means a person that breeds dogs, cats, or rabbits for the purpose of selling the offspring.

   "Offer(s) for sale" means to sell, deliver, offer for sale, advertise for the sale of, barter, or auction a dog, cat, or rabbit. "Offer(s) for sale" does not include to offer for adoption through an animal shelter or rescue organization.

   "Rescue organization" means any not-for-profit organization that has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of dogs, cats, or rabbits. "Rescue organization" does not include any person that (i) is a commercial producer; (ii) obtains dogs, cats, or rabbits from a commercial producer; (iii) facilitates the sale for profit of a dog, cat, or rabbit for a commercial producer; (iv) has common personnel with a commercial producer, including, but not limited to, any employee, manager, or board member; or (v) is an "affiliated business", as that term is defined by 44 Ill. Adm. Code § 20.540(b), of a commercial producer.

   (b)   Restrictions on the retail sale of dogs, cats, and rabbits.

      (1)   A pet shop may not offer for sale dogs, cats, or rabbits.

      (2)   A pet shop may provide space to an animal shelter or rescue organization to house and display for adoption dogs, cats, or rabbits. The pet shop shall not have any ownership or monetary interest in the animals displayed for adoption. The animals may only be transferred to an adopting individual for a nominal adoption fee.

(Added Coun. J. 3-5-14, p. 75849, § 2; Amend Coun. J. 4-21-21, p. 29618, § 2)

4-384-020 Animal care – License required when – Permit required for temporary animal exhibitions.

   (a)   No person shall engage in the business of a grooming facility, guard dog service, pet shop, animal care facility, humane society, veterinary hospital or permanent animal exhibition without having first obtained an animal care license under this chapter; provided, however, that an animal care facility may, under that license, groom cats or dogs without a grooming facility license.

   (b)   No person shall engage in the business of temporary animal exhibition without first having obtained a permit to do so under Section 7-12-185.

   (c)   For purposes of this section, the terms "permanent" and "temporary" shall have the meaning ascribed to those terms in the definition of "animal exhibition" as set forth in Section 4-384-010.

(Amend Coun. J. 4-16-97, p. 42588; Amend Coun. J. 7-26-06, p. 81829, § 2; Amend Coun. J. 2-7-07, p. 98109, § 3; Amend Coun. J. 5-9-12, p. 27485, § 149 ; Amend Coun. J. 6-6-12, p. 28356, § 1D; Amend Coun. J. 4-21-21, p. 29618, § 3)

4-384-030 License – Application.

   An application for a license shall be made in conformity with the requirements of Chapter 4-4 of this Code, on a form prescribed by the commissioner of business affairs and consumer protection. The application shall contain the name and business address of the applicant and any other information, including any disclosures pertaining to ownership or control of the applicant, as may be required by the commissioner of business affairs and consumer protection. The commissioner shall cause an investigation to be made of the premises named and described in the application, for the purpose of determining whether the sanitary conditions and the other requirements of this Code are fully complied with.

   No person shall be eligible to be licensed as veterinary hospital unless he or she is licensed as a veterinarian by the State of Illinois.

(Amend Coun. J. 4-16-97, p. 42588; Amend Coun. J. 7-26-06, p. 81829, § 2; Amend Coun. J. 2-7-07, p. 98109, § 3; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)

4-384-040 License – Fee.

   The annual fee for an animal care license shall be as set forth in Section 4-5-010 of this Code.

(Amend Coun. J. 4-16-97, p. 42588)

4-384-050 Sanitary requirements.

   All licensed premises shall be kept free and clean of decaying food and filth of any kind and shall be maintained under sanitary conditions at all times. Every person licensed under this chapter shall comply with all local, state and federal laws relating to animal health, sanitation and disease prevention.

(Amend Coun. J. 4-16-97, p. 42588; Amend Coun. J. 7-26-06, p. 81829, § 2; Amend Coun. J. 2-7-07, p. 98109, § 3)

4-384-055 General care standards.

   Every animal care facility, guard dog service, pet shop, grooming facility, humane society, and veterinary hospital shall:

   (a)   provide the animals with potable water, at all times, and adequate nutrition appropriate for the species;

   (b)   provide, at all times, litter pans for cats. The pans shall be cleaned and sanitized as necessary, but not less than once per day; and

   (c)   maintain a record of the name, address, telephone number and emergency contact information of the owner for every animal in its care.

(Amend Coun. J. 4-16-97, p. 42588; Amend Coun. J. 7-26-06, p. 81829, § 2; Amend Coun. J. 2-7-07, p. 98109, § 3)

4-384-060 Animal care facility license – Standards.

   (a)   Every animal care facility that provides day care or boarding for dogs shall:

      (1)   maintain a file for every dog in its care that includes the certificates and verification required in this subsection (a);

      (2)   provide each dog with a cage or separate individual enclosure;

      (3)   require proof of a current city dog license for any dog that is owned by a resident of the city; and

      (4)   obtain from the dog's owner (i) a veterinary certificate of health and proof of current vaccinations for distemper, rabies, parvovirus, and bordatella. A veterinary certificate of adequate titer protection issued within the previous 12 months from the date of presentation may be substituted for the distemper and parvovirus vaccinations; and (ii) a current veterinary certificate verifying that the dog is free from intestinal parasites.

   (b)   Every animal care facility that permits dogs to commingle with other dogs shall, at all times that the facility is operating, have a minimum of two trained staff members on site, with a minimum of one trained staff member in constant supervision of the dogs. In the case of a playtime group of dogs consisting of 15 or more dogs, the facility shall have a minimum of three trained staff members on site, with a minimum of two trained staff members in constant supervision of the playtime group; provided that in no instance shall a playtime group shall consist of more than 40 dogs.

   (c)   Every animal care facility shall post a sign in a conspicuous place at the licensed premises setting forth that no dog shall be enrolled in the facility unless the requirements of subsection (a) of this section are met.

(Added Coun. J. 7-26-06, p. 81829, § 2; Amend Coun. J. 2-7-07, p. 98109, § 3)

4-384-070 Kennels – Standards.

   (a)   Every kennel shall:

      (1)   Obtain from the dog's owner a proof of current vaccinations for distemper, rabies, parvovirus and bordatella. A veterinary certificate of adequate titer protection issued within the previous 12 months from the date of presentation may be substituted for the distemper and parvovirus vaccinations;

      (2)   Maintain a file for every dog in its care that includes the certificates and verification required in subsection (a) of this section; and

      (3)   Require proof of a current city dog license for any dog that is owned by a resident of the city.

   (b)   No kennel shall board any dog unless the kennel has verified that the dog has had a microchip implanted.

(Added Coun. J. 7-26-06, p. 81829, § 2)