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The commissioner shall have the authority to promulgate such rules and regulations as are necessary for the effective implementation and enforcement of this chapter.
(Added 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; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)
(a) Whenever an inspection indicates that the condition of a licensee's premises creates an imminent hazard to the public health or to the health of any animal in the licensee's care, the executive director may immediately suspend the license and impound any animal in the licensee's care until such time that the conditions that caused the hazard are corrected.
(b) Upon suspension of any license, all operations related to the license shall cease at once. The executive director may cause a "notice of closure" sign to be conspicuously placed upon the suspended licensee's premises. It shall be unlawful for any person to remove a "notice of closure" sign placed on the licensee's premises unless authorized to do so by the executive director.
(c) A licensee whose license has been suspended may at any time apply for restoration of the license. Within 48 hours after the executive director receives the application, accompanied by a statement signed by the licensee that the provisions previously violated have been complied with, the executive director shall cause a reinspection of the licensee's premises to assure that the conditions that caused the hazard have been corrected. When the reinspection indicates full compliance, the license shall be restored; provided that a license suspended a second or subsequent time shall not be restored sooner than the expiration of 48 hours from the time of suspension.
(d) A reinspection fee in the amount set forth in Section 4-4-135 shall be assessed against the licensee of any establishment for each inspection conducted by the executive director to address a violation previously identified in an inspection.
(e) In addition to any penalties set forth in section 4-384-160, the licensee shall be liable for the actual costs incurred by the city to abate, remediate, repair or remove the conditions that gave rise to the violation.
(f) The executive director shall notify the commissioner of business affairs and consumer protection immediately upon the suspension or reinstatement of any license pursuant to this section.
(Added 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; Amend Coun. J. 5-9-12, p. 27485, § 150; Amend Coun. J. 11-8-12, p. 38872, § 138)
The redemption period for any animal impounded under section 4-384-150 and whose owner is known shall be 30 days or until redeemed by the owner, whichever occurs first, during which time reasonable means shall be used to facilitate return of the animal to the owner. The owner of any animal impounded may redeem the animal by paving a fee of $8.00 per day for each day the animal was impounded, plus any costs for required vaccinations and any other costs incurred by the commission for the care and treatment of the animal. In the case of an unlicensed animal, the owner shall also pay the license fee.
Animals of unknown ownership that are impounded under section 4-384-150 shall be held by the executive director for a minimum of fifteen days, or for such other length of time as the executive director may deem necessary to permit location of and redemption by the owner, except that wild animals which are noxious by their very nature such as wild rats and undomesticated rodents may be euthanized at once following an examination for zoonotic diseases.
Any animal remaining unredeemed after the prescribed holding period shall at once become the property of the commission.
For purposes of impoundment, the executive director may utilize an animal control center or the facilities of any humane society properly equipped and willing to impound animals, or, if the animal shall be of a species that may be better or more safely impounded elsewhere, the executive director may designate an alternate facility that is properly equipped and willing to accept the animal.
(Added Coun. J. 7-26-06, p. 81829, § 2; Amend Coun. J. 2-7-07, p. 98109, § 3)
Any person who violates any of the provisions of this chapter shall be fined not less than $100.00 nor more than $1,000.00 for each offense. Each day that such violation exists shall constitute a separate and distinct offense. A second or subsequent violation may also be punishable as a misdemeanor by incarceration in the county jail for a term not to exceed six months.
A violation of any provision of this chapter or the rules or regulations promulgated thereunder shall constitute grounds for revocation or suspension of a license pursuant to the provisions of Section 4-4-280 of this Code.
(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)
Editor's note – Formerly § 4-384-080.
(a) Definitions. For purposes of this section the following definitions apply:
"Beverages" means non-alcoholic beverages, including but not limited to coffee, tea, and water.
"Cafe" means that enclosed portion of the licensed humane society premises reserved solely for the sale of beverages.
"Permittee" means a person issued a humane society café permit under this section.
(b) Notwithstanding any provision of this code to the contrary, a humane society may sell beverages in its licensed facility in compliance with this section; provided that no more than 20% of the total floor area, or the amount of floor area permitted in the applicable zoning district, whichever is less, shall be used for the sale of beverages. The humane society café permit authorizes only the sale of non-alcoholic beverages. The permit shall be for a term of two years and the fee shall be $250.
The permit granted under this section does not authorize the licensee to engage in the business of a retail food establishment, except as authorized in this section.
(c) Qualifications and application.
(1) A permit or renewal of a permit issued under this section shall be denied or revoked for any of the following:
(A) the applicant or permittee does not have a valid animal care license issued under this chapter;
(B) the applicant or permittee is not a humane society whose mission and practice is, in whole or in significant part, the rescue and placement of dogs or cats; or
(C) the enclosed area or operation of the cafe is not in compliance with this section or applicable rules.
(2) An application for, or a renewal of, an humane society café permit shall be made to the Commissioner in a form and manner provided by the Commissioner. The application shall include:
(A) proof that the applicant holds a valid animal care license;
(B) proof that the applicant is a humane society whose mission and practice is, in whole or in significant part, the rescue and placement of dogs or cats;
(C) a detailed drawing of the licensed animal care premises which clearly shows: (i) the location of the cafe in the licensed premises; and (ii) the walls and doors separating the cafe from the remaining licensed premises; and
(D) any other pertinent information reasonably required by the Commissioner.
(d) Operating requirements.
(1) The cafe shall be separated by walls and doors from the remaining area of the licensed premises;
(2) No animals, other than service animals, shall be permitted to be in, or travel through, the cafe;
(3) Beverages shall be sold only:
(i) in the cafe; and
(ii) to prospective adopters currently in the licensed premises for the purpose of adopting a cat or dog.
(e) This section shall be enforced by the Department and the Department of Health.
The Commissioner shall promulgate rules for the administration and enforcement of this section. The Department of Health shall promulgate rules regarding the sanitation and health requirements of the café, which rules shall include but not be limited to adequate controls to ensure compliance with the Illinois Food, Drug and Cosmetic Act, the Illinois Food Handling Regulation Enforcement Act, the Illinois Sanitary Food Preparation Act, and any other applicable law or regulation.
(f) Any person who violates this section, or any rule promulgated hereunder, shall be fined not less than $200.00 nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(Added Coun. J. 3-16-16, p. 20053, § 1; Amend Coun. J. 4-21-21, p. 29618, § 4)
Editor's note – Coun. J. 5-9-12, p. 27485, § 151, repealed former § 4-384-170, which pertained to severability.