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Editor's note – Coun. J. 11-16-16, p. 37901, Art. I, § 3, repealed § 7-12-010, which created the Animal Care and Control Commission and its Executive Director. See § 2-120-010 for current provisions.
As used in this chapter, the following are defined and shall be construed as hereinafter set out unless it shall be apparent from the context that a different meaning is intended:
"Animal" means any living vertebrate, domestic or wild, not including man.
"Animal control center" means a facility operated by and under the direct supervision of the Executive Director for the purpose of impounding animals as henceforth set out in this chapter.
"Animal control officer" means an employee of the Department who shall be responsible to it and the Executive Director and have the power and authority to issue citations for any violations of this ordinance relating to the care, treatment, control or impoundment of animals.
"Animal under restraint" means any animal:
(1) either secured by a leash or lead;
(2) within the premises of its owner, or confined within a crate or cage, or confined within a vehicle, or on the premises of another person with the consent of that person; provided that any animal not secured by a leash or lead and that is outdoors on the premises of its owner or outdoors on the premises of another person with consent of that person shall not be considered under restraint unless the animal is on a fenced portion of the premises and the fence is: (i) constructed to keep the animal from reaching through the fence; and (ii) of sufficient height appropriate to the size of the animal to prevent the animal from jumping or reaching over the fence; or
(3) within an area specifically designated by the Chicago Park District or by the City of Chicago as a dog park, or as an animal exercise run; provided that the animal is under the control of a competent person.
"Bite" means seizure with the teeth or jaws of an animal so that the skin of the human being or animal seized has been pierced or broken and further includes contact of the saliva of the biting animal with any break or abrasion of the skin of the human being or animal bitten.
"Cat" means any live male or female cat (Felis catus).
"City-owned animal" means an animal that has become the property of the City through: (i) the City’s possession of the animal and the owner’s failure to redeem the animal within the mandated time or (ii) the owner’s voluntary transfer of possession of the animal to the City.
"Commission" means the Commission on Animal Care and Control.
"Dangerous animal" means an animal meeting any one of the following criteria:
(1) any animal which bites, inflicts injury on, kills or otherwise attacks a human being or domestic animal without provocation on any public or private property; or
(2) Any animal which on more than one occasion, without provocation, chases or approaches any person in an apparent attitude of attack, on any public property or in any place outside or over the boundaries of its owner's property; or
(3) Any animal owned or harbored primarily or in part for the purpose of dog or other animal fighting or any animal trained for dog or other animal fighting; or
(4) Any dog that is used as a guard dog; or
(5) Any animal which has been found to be a vicious dog under state law.
"Department" means Chicago Animal Care and Control.
"Dog" means any live male or female dog (Canis familiaris).
"Euthanasia" or "humane destruction" means death brought about by any method which produces instant loss of consciousness and results in painless death.
"Executive Director" means the Executive Director of the Department.
"Foster home" means a private or public facility that the Director has deemed suitable for the temporary care of animals, that accepts the transfer of one or more animals from the Department and cares for that animal until the Director effects the return of the animal to the Department or places it for adoption.
"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.
"Horse" means an animal of the genus equus.
"Impounded" means having been taken into the custody of the Department or any other facility designated by the Executive Director.
"Licensed dog" means any dog four months of age or older for which the owner can produce proof of having paid the license fee for the current year.
"Microchip" means a passive electronic device that is injected into an animal by means of a prepackaged sterilized implanting device for purposes of identification or recovery.
"Owner" means any person having a right of property in an animal or who keeps or harbors any animal or who has an animal in his care or custody.
"Pet" means any species of domesticated animals customarily regarded as suited to live within an abode used for human occupancy.
"Provocation" means that the threat, injury or damage caused by the animal was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the animal, or was tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime.
"Severe injury" means any physical injury that results in death; loss of soft tissue; a broken bone; hospitalization admittance; impairment of any bodily function; disfiguring laceration; laceration requiring sutures or cosmetic surgery; or lacerations or puncture wounds caused by more than one bite.
"Snakehead fish" means a fish of the Family Channidae.
"Sterilization" or "sterilize" means the rendering of an animal unable to reproduce by altering the animal's reproductive organs. Sterilization includes the spaying of a female dog or cat, or the neutering of a male dog or cat.
"Stray animal" means any animal not under restraint and not in the presence of its owner.
"Vaccination" means the injection, as approved by the Department of Agriculture, State of Illinois, of an antirabies vaccine approved by said department, with verification thereof consisting of a current certificate and current tag issued in accordance with the statutes of the State of Illinois.
"Veterinarian" means a person currently licensed by the State of Illinois to engage in the practice of veterinarian medicine.
"Visiting hours" means posted days and hours during which an animal control center operated by the Department shall be kept open to the public for the transaction of appropriate business, as established by the Executive Director.
"Animal care facility", "Animal Exhibition", "Guard dog", "Humane society", "Pet show", and "Veterinary hospital" shall have the same meaning ascribed to them as in Section 4-384-010 of this Code.
(Prior code § 98-2; Amend Coun. J. 10-16-84, p. 10165; Amend Coun. J. 10-2-95, p. 8604; Amend Coun. J. 4-16-97, p. 42588; Amend Coun. J. 12-12-01, p. 75777, § 4.1; Amend Coun. J. 10-2-02, p. 94895, § 1; Amend Coun. J. 12-4-02, p. 99026, § 4.1; Amend Coun. J. 7-26-06, p. 81829, § 3; Amend Coun. J. 2-7-07, p. 98109, § 4; Amend Coun. J. 3-14-07, p. 99838, § 1; Amend Coun. J. 5-9-07, p. 104624, § 2; Amend Coun. J. 9-5-07, p. 6584, § 2; Amend Coun. J. 11-19-08, p. 47220, Art. III, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. I, § 5; Amend Coun. J. 5-25-18, p. 77747, § 3)
Each owner shall keep and maintain his animal under restraint; provided, however, that this section shall not apply to any dog being used for rescue or law enforcement work. It shall be unlawful for any owner to allow his or her animal to cross outside the property line of its owner to any extent, including reaching through, over or under a fence, or to keep or allow his or her animal to be outdoors on an unfenced portion of the owner's property, unless the animal is leashed and under the control of its owner or another responsible person; provided that any animal not secured by a leash or lead and that is outdoors on a fenced portion of the owner's property or outdoors on the premises of another person with consent of that person shall not be considered under restraint unless the fence is of sufficient height appropriate to the size of the animal to prevent the animal from jumping or reaching over the fence. In addition, it shall be an unlawful failure to restrain for an animal to attack, bite, threaten, or jump on any person without that person's consent, outside the property of the animal's owner. The provisions of this section shall be a positive duty of the owner and the offenses described herein shall be strict liability offenses.
Any owner who violates any provision of this section shall be subject to a fine of $300.00, if the violation does not result in severe injury or death to any person or damage to another person's property. If the violation results in severe injury or death to any person, the owner shall be subject to a fine of not less than $1,000.00 and not more than $10,000.00. In addition to a fine, the owner may be required to submit full restitution to the victim or may be incarcerated for a period not to exceed six months, or may be required to perform up to 100 hours of community service, or any combination thereof. If the violation results in damage to another person's property, the owner shall be subject to a fine of not less than $300.00 and not more than $1,000.00. In addition to a fine, the owner may be required to submit full restitution to the victim.
(Prior code § 98-3; Amend Coun. J. 10-2-95, p. 8604; Amend Coun. J. 10-31-01, p. 71774, § 1; Amend Coun. J. 3-31-04, p. 20916, § 3.25; Amend Coun. J. 3-14-07, p. 99838, § 1)
(a) Any stray animal may be immediately impounded by an animal control officer.
(b) An animal control officer may return a stray animal recovered in the field if the animal control officer determines that its owner resides within three miles of the site of recovery. If the animal is left with the owner, the owner shall not be liable for the redemption fee established in Section 7-12-120(a).
(Prior code § 98-3.1; Amend Coun. J. 10-2-95, p. 8604; Amend Coun. J. 3-14-07, p. 99838, § 1; Amend Coun. J. 11-21-17, p. 61755, Art. XII, § 1; Amend Coun. J. 4-18-18, p. 75057, § 1)
The Executive Director shall have the authority to make a determination that an animal is a dangerous animal, as defined in Section 7-12-020, and to order the owner to comply with any of the measures set forth below for the protection of public health, safety and welfare.
(a) Upon receipt of a complaint or other report of an animal bite, attack, threatening behavior, or other reason to believe an animal may be a dangerous animal, the Department shall evaluate the seriousness of the complaint or report and, if the circumstances warrant, may conduct an investigation of the facts. Where necessary, practicable, and readily located, the investigation may include, but not be limited to, interviewing the complainant, the human victim, if any, the victim animal's owner, the biter animal's owner, any witnesses, and also include observation of the animal and the scene, and any other relevant information. The Department then shall make a written finding of whether an animal is a dangerous animal as defined in Section 7-12-020 and the basis for that finding. In addition, if during the course of the investigation, the Department uncovers evidence of inhumane treatment of any animal in violation of Section 7-12-080, the Department shall make a written finding of the specific violation and forward the written finding to the Executive Director. For purposes of this section, a police report may support the Department's determination. When making the determination, the Executive Director shall take into consideration the totality of the circumstances, including the behavior of all of the participants that led to the incident. The Executive Director shall declare in writing whether the animal is a dangerous animal and issue appropriate requirements as set forth in Section 7-12-050.
(b) Euthanasia.
(1) The Executive Director shall order the euthanasia of a dangerous animal that has been declared dangerous because it has caused death to a person.
(2) Where an animal is declared to be a dangerous animal because it has been found to have caused the death of another domestic animal, or severe injury to any person or domestic animal, the Executive Director may order the euthanasia of the animal, where appropriate, taking into consideration the severity and the circumstances of injury or death.
(c) In all cases where an animal is declared to be a dangerous animal and the animal is not euthanized, the Executive Director shall order the owner to comply with the following requirements:
(1) While on the owner's property, the owner must securely confine the dangerous animal indoors or within a securely enclosed and locked outdoor enclosure suitable to prevent the entry of young children and designed to prevent the animal from escaping; or both an indoor and outdoor enclosure that meets the above criteria. If the owner chooses to securely confine the dangerous animal within an outdoor enclosure, such enclosure must be a minimum of six feet in height and must have secure sides and top. If the enclosure has no bottom secured to the sides, the sides must be embedded into the ground no less than two feet deep. The enclosure also must be humane and have an area which provides protection for the animal from the elements and extreme temperatures. In addition to the enclosure required by this subsection, the owner shall erect a fence on the perimeter of that portion of the property where the enclosure is located. The location and height of the fence shall be approved by the Executive Director. The enclosure and fence shall be erected within thirty days of the declaration that the animal is a dangerous animal. An owner whose animal will be exclusively confined indoors must submit to the Executive Director a sworn, notarized declaration that the animal will be exclusively confined indoors.
(2) While off of the owner's property, a dangerous animal must be muzzled securely to prevent the possibility of biting, restrained by a substantial chain or leash not exceeding six feet in length, and under the control of a responsible adult at all times. The muzzle must be made in a manner that will not cause injury to the animal or impair its vision or respiration but must prevent it from biting any person or animal.
(3) Within 24 hours of the declaration that the animal is a dangerous animal, the owner must display, in a conspicuous manner, a sign on the owner's premises warning that a dangerous animal is on the premises by stating in capital letters:
"WARNING – DANGEROUS ANIMAL – KEEP AWAY."
If the owner lives in a free-standing residence or a townhome, the sign must be visible and legible from the public way and from 50 feet away from the special enclosure required pursuant to subsection (c)(1) above. If the owner lives in an apartment or multi-unit dwelling and the animal is kept solely within the dwelling, the sign must be placed on both the front and back entries to the unit.
(4) Within ten business days of the declaration that the animal is a dangerous animal, the owner, at the owner's expense, shall have an identifying microchip installed under the animal's skin by a veterinarian.
(5) Within ten business days of the declaration that the animal is a dangerous animal, the animal shall be sterilized, at the owner's expense.
(6) Within ten business days of the declaration that the animal is a dangerous animal, the owner must procure and maintain in effect liability insurance, including coverage of claims arising from the conduct of the owner's animal, in an amount not less than $100,000.00 for each animal declared dangerous for bodily injury, personal injury and property damage.
The insurance shall include a provision whereby the insurer notifies the Executive Director not less than 30 days prior to cancellation or lapse of coverage.
In addition, the Executive Director may order the owner to comply with any of the following requirements, in any combination:
(7) The owner must confine the dangerous animal indoors or within a securely locked outdoor enclosure described above in subsection (1) at all times and only allow the animal out under the conditions set forth in subsection (2) when it is necessary to obtain veterinary care for the animal, comply with a court order, or where an emergency is declared by a government agency requiring evacuation of the owner.
(8) The owner and the animal must complete a course of animal obedience training approved by the Executive Director.
In the alternative to (1) – (8) above, the Executive Director may order that the dangerous animal:
(i) at the owner's expense, have an identifying microchip implanted under the animal's skin by a veterinarian; and
(ii) be permanently barred from the city limits. The owner shall provide a statement, verified by affidavit, to the Executive Director indicating the new location of the animal, and the name and address of the person having custody of the animal.
(d) When an animal has been impounded pursuant to this section, the Executive Director shall send written notice to the last known address of the animal's owner by first class mail.
(1) When the animal has been impounded pursuant to subsection (f) below, the notice shall: (i) be sent within 30 days after the first day of impoundment; and (ii) advise the owner of the impoundment, the investigation, and the fees due under Section 7-12-120 or other applicable ordinance or rule.
(2) If the animal has been declared a dangerous animal by the Executive Director, the notice shall describe the basis for such declaration by specific behavior and date(s) of occurrence, setting forth all applicable orders and requirements imposed, reason of such declaration, and informing the owner of the right to appeal the determination by filing a written request for a hearing within ten days of service of the notice.
(3) Written notice shall be deemed served on the date the notice is mailed.
(4) If there is a complainant or victim, and the Department has contact information for that individual, the Department shall also send the individual a copy of the declaration.
(e) If the owner requests a hearing, the Department of Administrative Hearings shall appoint an administrative law officer who shall hold a de novo hearing within 30 days of the request, at which all interested parties may present testimony and any other relevant evidence. The hearing shall be taped or recorded by other appropriate means. If the administrative law officer upholds the Executive Director's determination that the animal is dangerous, the owner shall have 30 days to satisfy all requirements set out in subsection (c) and the notice. In those cases where the Executive Director has ordered euthanasia of the dangerous animal, that order shall not be carried out until 36 days after issuance of the final order. If the owner files for administrative review and presents notice of the complaint to the Department within 35 days of the issuance of the final order, the final order shall be stayed until resolution of such appeal.
(f) When a complaint has been made or a bite reported, and when the circumstances of the bite incident suggest that an animal will be declared a dangerous animal, the Executive Director or his designee is authorized to either (1) impound and hold such animal, at the owner's expense or (2) impose one or more of the requirements set forth in subsection (c) above, pending the completion of the dangerous animal investigation and final resolution of any appeals. Should an owner fail to comply with requirements issued by the Executive Director under this subsection (f)(2), the Executive Director shall impound and hold the animal at the owner's expense. Where the animal has caused severe injury or death to any person, the Executive Director or his designee shall impound and hold such animal, at the owner's expense, pending the investigation and final resolution of any appeals. Moreover, in no event shall a dangerous animal be released to its owner before the owner obtains a dangerous animal license pursuant to Section 7-12-052 or before the Executive Director or his designee approves the enclosure required by subsection (c)(1). The holding period and impoundment procedures for animals of unknown ownership shall be governed by Section 7-12-060. Any animal impounded and held pursuant to this subparagraph (f) shall receive shelter, food, water, sanitization of kennels, and medical care to the extent the Department's resources and capacity for care will permit during the holding period. Animals may also receive in-kennel enrichment as the Department's partners may be able to provide.
(g) Owners of guard dogs and owners of dogs which have been found to be "vicious dogs" under state law shall comply with the requirements of Section 7-12-050(c)(1) through (6) without the need for any individualized declaration or the right to any hearing, except that, to the extent an owner disputes the fact that the animal is used as a guard dog the hearing procedure set forth in subsection (e) of this section shall apply. The Department may promulgate rules that set forth the conditions under which the provisions of subsection (c) of this section shall not apply to guard dogs when the dogs are on assignment.
(Added Coun. J. 10-2-95, p. 8604; Amend Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 10-31-01, p. 71774, § 2; Amend Coun. J. 3-14-07, p. 99838, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. I, § 6; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 20; Amend Coun. J. 11-21-17, p. 61755, Art. XII, § 2; Amend Coun. J. 2-28-18, p. 65923, § 1; Amend Coun. J. 1-27-21, p. 26741, Art. II, § 9)
(a) Any owner who fails to comply with any of the requirements of Section 7-12-050, Section 7-12-052, or any additional orders of the Executive Director as authorized by those sections shall be punished by a fine of not less than $500.00 nor more than $1,000.00, plus impoundment of the animal. If the owner fails to make the animal available for impoundment or fails to come into compliance with the requirements or orders within 7 days after the impoundment of the animal, the owner shall be incarcerated for a term not to exceed six months and the animal shall become the property of the Department. In addition to the penalties set forth above, the Executive Director may order an owner who violates Section 7-12-050 to attend with the animal a course of animal obedience training approved by the Executive Director.
(b) Any animal which has been declared a dangerous animal and which (1) is seen outside and not confined within the enclosure required by Section 7-12-050(c)(1), and not muzzled and under control as required by Section 7-12-050(c)(2), or (2) thereafter attacks or injures a person or domestic animal, shall be impounded by an animal control officer or a police officer, at the owner's expense, and the Executive Director may order the owner to comply with any of the alternatives set forth in Section 7-12-050(c), including the euthanasia of the animal. If the owner fails to make the animal available for impoundment or fails to come into compliance with the requirements or orders within 7 days after the impoundment of the animal, the owner shall be incarcerated for a term not to exceed six months and the animal shall become the property of the Department. The owner shall be entitled to notice and an opportunity for a hearing in the same manner as provided in Section 7-12-050(d) and (e) above.
(Added Coun. J. 10-2-95, p. 8604; Amend Coun. J. 3-14-07, p. 99838, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. I, § 7; Amend Coun. J. 11-21-17, p. 61755, Art. XII, § 3)
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