TITLE 6
POLICE REGULATIONS
CHAPTER 1
ANIMAL CONTROL
SECTION:
6-1-1: Animals Restricted Within City
6-1-2: Location Restrictions
6-1-3: Premises Kept Clean
6-1-4: Diseased Animals
6-1-5: Animal Care
6-1-6: Dangerous Animals And Reptiles
6-1-1: ANIMALS RESTRICTED WITHIN CITY:
   A.   Fowl: It shall be unlawful and it is hereby declared to be a nuisance to raise, maintain or have upon any property within the city any chickens, ducks, geese, guinea hens, pigeons or other similar fowl; provided, however, that it is not unlawful to keep, for educational purposes, up to six (6) chicken hens on any property located within the city that is greater than fifteen (15) acres and is listed on the national register of historic places.
   B.   Horses: It shall be unlawful for any person to stable or otherwise keep a horse or horses anywhere in the city, except on premises where the keeping of horses was lawful under the ordinances of Cook County at the time such premises were annexed to the city and provided that horses were kept on said premises on the date of such annexation and continuously thereafter; and provided further that said premises have remained the same size as when first annexed to the city.
   C.   Goats, Pigs, Sheep, Cattle And Other Farm Animals: It shall be unlawful for any person to keep any goats, pigs, sheep, cattle or other farm animals of any kind anywhere in the city; provided, however, that it is not unlawful to keep, for educational purposes, up to two (2) goats and two (2) sheep on any property located within the city that is greater than fifteen (15) acres and is listed on the national register of historic places. (Ord. M-21-15, 11-2-2015)
6-1-2: LOCATION RESTRICTIONS:
   A.   It shall be unlawful for any person to construct or locate any public or private stable, barn or shed on the front two-thirds (2/3) of any lot on any street where one-half (1/2) of the buildings on both sides of the street between the next nearest intersecting streets are used exclusively for residence purposes.
Stables, existing on or before the passage date of this subsection, are allowed to remain as long as they comply with all other health and sanitary provisions and nuisance restrictions of this code.
   B.   It shall be unlawful for any person to locate, construct or maintain any building or structure for stabling or keeping horses or other animals within one hundred feet (100') of any school, church, hospital, public park or public playground or within a distance of fifty feet (50') from any lot line abutting any street. (Ord. M-13-09, 4-6-2009)
6-1-3: PREMISES KEPT CLEAN:
It shall be unlawful for any person to convert any building for the use of or to construct any stable, barn or shed for the housing or keeping of horses or other animals on any lot on any street or alley in which a public sewer is constructed without providing the stable, barn or shed with an impervious floor properly drained to the sewer. (Ord. M-13-09, 4-6-2009)
6-1-4: DISEASED ANIMALS:
   A.   Housing: No person shall cause or allow any stable or place where any cow, horse or other animal is or may be kept to become unclean, filthy or unwholesome nor allow any animal to be therein while infected with any disease, contagious or pestilential among such animals, without a permit from the community development department.
   B.   Bringing Into City: No diseased or sickly horse, cattle, sheep, swine, dog, cat or other animal, nor any that have been exposed to any disease that is contagious among animals, shall be brought into the city. (Ord. M-13-09, 4-6-2009)
6-1-5: ANIMAL CARE:
   A.   No owner shall fail to provide his/her animal(s) with sufficient wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment.
   B.   No person shall beat, torment, overload, overwork or otherwise abuse an animal.
   C.   No person shall own, keep, harbor, or otherwise maintain within the city, any breeds of fowl that are or will be used in the pursuit of and staging of cockfighting on any premises.
   D.   No person shall promote, stage, hold, manage, conduct, or carry on any animal fight or any other type of contest, game, or fight of a similar nature, nor any simulated version of same that involves baiting or inciting an animal toward intent to fight.
   E.   No person shall hold a greased pig contest.
   F.   No person shall be permitted to keep animals in violation of the "Illinois humane care for animals act 1
" or the "Illinois animal welfare act
2
".
   G.   No owner may abandon any animal where it may become a public charge or may suffer injury, hunger or exposure.
   H.   No person shall keep any animal within a building or upon any premises without food, water, or proper care and attention for a period of time sufficient to cause undue discomfort or suffering. If the owner cannot be located after reasonable search, or if the owner shall be known to be absent due to injury, illness, incarceration or other involuntary circumstances, it shall be the duty of the chief of police or his/her designee to act upon the complaint as directed by the "Illinois humane care for animals act".
   I.   No person shall give away or use any animal as a prize for or as an inducement to enter any contest, game, or other competition or as an inducement to enter a place of amusement or offer such animal as an incentive to enter any business agreement whereby the offer was for the purpose of attracting trade.
   J.   No person shall bring or cause to have brought into the city, sell, offer for sale, barter or display living baby chicks, ducklings or other fowl or rabbits which have been dyed, colored or otherwise treated so as to impart to them an artificial color, or give away as pets or sell, offer for sale, barter or give away at no cost or as novelties or prizes. Nothing in this section shall be construed to prohibit legitimate commerce in poultry for agricultural or food purposes.
   K.   No person may knowingly poison or cause to be poisoned any domesticated animal. The only exception will be a written permit from the Illinois department of agriculture for the purpose of controlling diseases transmissible to humans or other animals and only when all other methods and means have been exhausted. Such a permit shall name a person or persons conducting the poisoning, specify the products to be used, give the boundaries of the area involved and specify the precautionary measures to be employed to ensure the safety of humans and other animals. Such license shall be presented to the chief of police or his/her designee before such methods are to be performed. Any drugs used for euthanasia shall be by or under the direction of a licensed veterinarian.
   L.   No person shall kill or wound, attempt to kill or wound, or take the nest or eggs or young of any bird that is protected by federal or state law. Birds that are regulated by the Illinois department of conservation are excluded from this restriction during the period of regulation.
   M.   No person shall keep or permit to be kept or display for exhibition purposes any wild animal contrary to federal, state and local laws or regulations.
   N.   No person shall permit at any time his/her animal to:
      1.   Run uncontrolled;
      2.   Molest persons or vehicles by chasing, barking or biting;
      3.   Attack other animals;
      4.   Damage property other than the owner's; or
      5.   Bark, whine, howl or make excess noises so as to cause a nuisance.
   O.   No person shall allow animal feces to accumulate in any yard, pen or premises in or upon which an animal shall be confined or kept so that it becomes offensive to those residing in the vicinity or a health hazard to the residing animal.
   P.   No person shall fail to remove feces deposited by his/her animal, except service animals, upon the public ways or within public places of the city or upon the premises of any person other than the owner without the person's consent.
   Q.   No person shall leave any animal unattended in a motor vehicle or enclosed trailer when the outside temperature shall exceed thirty degrees Celsius (30°C) (86°F) or contain any animal in such manner that said animal does not have proper air circulation while confined in a motor vehicle, trailer, kennel, doghouse, or any type of container or structure in which an animal may be confined.
   R.   No person shall own any animal which is known to be infected with any disease transmissible to other animals or humans, including severe parasitism, unless such animal shall be confined in such a manner as not to expose other animals or humans.
   S.   Any animals which are on any public way or public place and which appear to be injured or severely diseased and for which care is not being provided on the scene by the owner, or any injured or severely diseased animal that has strayed onto private premises shall be removed, if possible, to the care of the nearest municipal pound, Cook County department of animal and rabies control, to the nearest humane society or to the nearest veterinarian or veterinary hospital willing to accept same without guarantee of payment. If immediate removal shall not appear practical or possible or if the removed animal is in critical condition such animal may be deprived of life by the most humane method available on the scene unless the owner shall come forward beforehand and assume responsibility for immediate removal and care.
   T.   Any person who, as the operator of a motor vehicle, strikes an animal shall stop at once and render such assistance as may be possible; or shall immediately report such injury to the animal owner, if known; or the Des Plaines police department.
   U.    Any person having a dead animal within his/her possession or control or upon any premises owned or occupied by such person without the proper permit shall dispose of the dead animal in compliance with the Illinois dead animal disposal act 3
.
   V.   Every person in possession or control of a stable or place open for public use where any animals are kept, shall maintain the stable or place at all times in a clean, sanitary condition and conform to city/state fire prevention regulations. (Ord. M-13-09, 4-6-2009)
6-1-6: DANGEROUS ANIMALS AND REPTILES:
   A.   Keeping: No person shall own, keep or harbor within the city:
      1.   Any snake, reptile or lizard that is physically capable of injuring any person, regardless of age, by poison, constriction or other means (i.e., bite that causes disfigurement, etc.).
      2.   Any lion, tiger, cougar, panther, bobcat, mountain lion, lynx, ocelot, leopard, any hybrid thereof, or any other similar feline animal.
      3.   Any wolf, coyote, jackal, fox, wild dog, or hybrid thereof.
      4.   Any bear or bison.
      5.   Any rodent weighing more than one pound, with the exception of guinea pigs.
      6.   Any noncanine animal not native to the North American continent and which, when full grown, normally attains a weight in excess of two hundred (200) pounds.
      7.   Any monkey (not authorized by the state of Illinois as a sanctioned pet), gorilla, chimpanzee or other similar apelike primate.
This section shall not apply to properly zoned and constructed zoos, animal shelters, veterinary hospitals, pounds, federally licensed scientific or research laboratories, educational or other licensed institutions.
   B.   At Large: An animal is at large if it is not under control, by leash, of the owner or a member of the immediate family over ten (10) years of age. If the animal is on the owner's property it is at large if it is not contained on the property by means of a leash or chain while supervised by owner, a fence, or a kennel run. (Ord. M-13-09, 4-6-2009)
ARTICLE A.DOGS AND CATS
SECTION:
6-1A-1: DEFINITIONS:
The following definitions shall apply in the interpretation and enforcement of this article:
ADMINISTRATOR: The licensed veterinarian appointed by the City of Des Plaines, pursuant to the Illinois Animal Control Act or his/her authorized representative.
ANIMAL: Any live vertebrate creature except humans.
ANIMAL CAPABLE OF TRANSMITTING RABIES: All animals classified as mammals.
ANIMAL CONTROL OFFICER/WARDEN: An employee of the City of Des Plaines appointed by the Chief of Police or his/her designee to exercise police powers in the enforcement of this chapter.
BIRD: Any flying vertebrate that is covered with feathers.
BITE: Seizure of a person with the jaws or teeth of any cat, dog or other animal capable of transmitting rabies so that the person so seized has been wounded or pierced and further includes contact of the saliva of such cat, dog or other animal with any break or abrasion of skin.
CAT: All members of the classification Felis catus.
CATTERY: A for profit cat breeder.
CONFINED: The restriction of the cat, dog or other animal at all times by the owner in a manner that will isolate the cat, dog or other animal from the public and other cats, dogs or other animals.
CONTROL: Any owned animal that is either secured by a leash or lead, or within the premises of its owner, or confined within a crate or cage, or confined within a vehicle, or within the premises of another person with the consent of that person.
DANGEROUS OR VICIOUS ANIMAL: Any animal which has known vicious propensities or which has been known to attack or injure any person or animal who was peacefully conducting themselves in any place where they may lawfully be.
DOG: All members of the classification Canis familiaris.
DOMESTIC ANIMAL: Any animal which has been domesticated by humans so as to live and breed in a tame condition.
ENCLOSURE: A four (4) sided fence, room, crate or other pet friendly structure which humanely confines an animal as to keep said animal securely within as to not expose the animal to other animals or humans.
GUARD DOG: A dog used in a commercial business or by a municipal or police department for the purposes of patrol and protection.
INOCULATION AGAINST RABIES: The injection of a rabies vaccine approved by the Illinois department of agriculture and administered by a licensed veterinarian in accordance with the company's recommendations for the vaccine used.
KENNEL: A state approved establishment where animals are bred, trained, or boarded.
OWNER: Any person having the right of property in an animal, who keeps or harbors an animal, who has it in his/her care, acts as its custodian or who knowingly permits an animal to remain on or about any premises occupied by him/her unless possession is prohibited by federal or state laws. Native wildlife remaining on or about any premises shall not be included in this definition.
PERSON: Any individual, firm, corporation, partnership, society, association or other legal entity, any public or private institution, municipal corporation, unit of local government or any other business unit.
POUND: Any facility licensed by the Illinois department of agriculture and approved by the chief of police or his/her designee for the purpose of enforcing this chapter and used as a shelter for injured, seized, stray, homeless, abandoned or unwanted animals.
SERVICE ANIMAL: Any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.
STRAY ANIMAL: Any owned animal that is not controlled.
TETHERING: The practice of fastening a companion animal to a stationary object or stake, usually in the owner's backyard, as a means of keeping the animal under control. This term does not refer to the periods when an animal is walked on a leash. (Ord. M-14-09, 4-6-2009)
6-1A-2: PURPOSE:
The purpose of this chapter is to provide harmonious relationships in the interaction between humans and animals by:
   A.   Protecting the citizens of the city of Des Plaines from rabies by specifying such preventive and control measures as may be necessary;
   B.   Protecting animals from improper use, abuse, neglect, inhumane treatment and health hazards, particularly rabies;
   C.   Providing security to residents from annoyance, intimidation, and injury from cats, dogs, and other animals;
   D.   Encouraging responsible pet ownership;
   E.   Providing for the assessment of penalties for violators and for the enforcement and administration of this chapter. (Ord. M-14-09, 4-6-2009)
6-1A-3: RESERVED:
(Ord. M-40-18, 12-3-2018)
6-1A-4: RESERVED:
(Ord. M-40-18, 12-3-2018)
6-1A-5: DOG KENNELS:
Any person who allows more than three (3) dogs, excluding puppies under three (3) months of age, to be kept in one household of any type other than a single-family detached dwelling, as defined in section 12-13-3 of the City of Des Plaines Zoning Code, shall be considered the operator of a dog kennel.
Any person who allows more than four (4) dogs, excluding puppies under three (3) months of age, to be kept in one single-family detached dwelling, as defined in section 12-13-3 of the City of Des Plaines Zoning Code, shall be considered the operator of a dog kennel. For the purpose of this section, "single-family detached dwelling" shall not include, without limitation, any mobile home, as defined in section 12-13-3 of the City of Des Plaines Zoning Code.
Operators of dog kennels shall comply with the following regulations: (Ord. M-58-12, 12-3-2012)
   A.   Fee: The kennel operator shall pay the annual fee. (Ord. M-58-12, 12-3-2012; amd. Ord. M-19-13, 10-7-2013)
   B.   Location:
      1.   The kennel shall be located in premises zoned for business purposes.
      2.   No kennel shall be permitted within three hundred feet (300') of any dwelling house unless both the owner and occupant of the dwelling house consent to the same; the applicant to furnish such consent in writing.
   C.   Kennel Conditions: All dog kennels shall be kept at all times in a clean and sanitary condition and dogs kept therein shall be reasonably restrained from annoying the neighborhood or the general public by barking, yelping or howling. (Ord. M-58-12, 12-3-2012)
   D.   License Required: The kennel license shall include the name and address of the owner of said kennel, the location of the kennel and the number of dogs to be kept in the kennel. The kennel license is nontransferable. Each kennel license shall be posted conspicuously upon the premises where the kennel is located. (Ord. M-40-18, 12-3-2018)
6-1A-6: CATTERIES:
Any person who is considered the operator of a cattery shall be required to comply with the following regulations: (Ord. M-14-09, 4-6-2009)
   A.   Fee: A cattery operator shall pay the annual fee. (Ord. M-14-09, 4-6-2009; amd. Ord. M-19-13, 10-7-2013)
   B.   Location:
      1.   The cattery shall be located in premises zoned for business purposes.
      2.   No cattery shall be permitted within three hundred feet (300') of any dwelling house unless both the owner and occupant of the dwelling house consent to the same; the applicant must furnish such consent in writing.
   C.   Cats To Be Confined: No cats belonging to the cattery shall be permitted to run at large, and must be confined to the premises of the cattery.
   D.   Cattery Conditions: All catteries shall be kept at all times in a clean and sanitary condition and cats kept therein shall be reasonably restrained from annoying the neighborhood or the general public by any cat crying or meowing. (Ord. M-14-09, 4-6-2009)
   E.   License Required: The cattery license shall include the name and address of the owner of said cattery, the location of the cattery and the number of cats to be kept in the cattery. The cattery license is nontransferable. Each cattery license shall be posted conspicuously upon the premises where the cattery is located. (Ord. M-40-18, 12-3-2018)
6-1A-7: RESERVED:
(Ord. M-40-18, 12-3-2018)
6-1A-8: RUNNING AT LARGE; LEASH REQUIRED:
   A.   Leash Required:
      1.   Dogs: No dog, whether muzzled or not muzzled, inoculated or not inoculated against rabies, shall be allowed upon the streets of the City or in public places, such as parks, hotels, restaurants, railroad depots, theaters, public conveyances, and the like, or upon property other than that of its owner, unless upon a suitable dependable leash, not longer than eight feet (8') in length. (Ord. M-40-18, 12-3-2018)
      2.   Cats: It shall be unlawful for any cat to run at large, unless neutered, inoculated for rabies, and microchipped per the Illinois State approved trap-neuter-release program. (Ord. M-14-09, 4-6-2009; amd. Ord. M-40-18, 12-3-2018)
      3.   Tethering: Tethering is not an acceptable form of a leash. Tethering shall not be used to restrain an animal for extended periods of time. Under no circumstances shall an animal be tethered on residential property without an owner or occupant present.
   B.   Food Establishments: No cat or dog whether on a leash or not shall be permitted within any store where foodstuffs are sold with the exception of guide dogs properly harnessed.
   C.   Nuisance Dogs Or Cats: Any animal declared a nuisance by virtue of its noise, viciousness, defection or killing of wildlife must be confined to the owner's property or it can be impounded.
   D.   City Parks And School Grounds: No person shall, within or upon the City parks and public school grounds within the City:
      1.   Cause or permit any animal to run at large; and
      2.   Bring, drive, lead, carry or permit any dog, either leashed or unleashed, muzzled or unmuzzled, or any cat within or upon any public school properties within the City. (Ord. M-14-09, 4-6-2009)
6-1A-9: RABIES VACCINATION:
   A.   Every owner, except animal shelters, animal impounding facilities, and laboratory animal facilities, of an animal three (3) months or more of age shall cause such animal to be inoculated with rabies vaccine by a licensed veterinarian at such intervals as approved by the Illinois department of agriculture. The rabies vaccine shall be licensed by the United States department of agriculture and approved by the Illinois department of agriculture.
   B.   Evidence of such rabies inoculation shall be entered on a certificate approved by the Cook County board of commissioners. Veterinarians who inoculate an animal shall procure from the Cook County department of animal and rabies control serially numbered tags, one to be issued with each inoculation certificate. Only one animal shall be included on each certificate. Such tags shall be attached to the collar or harness worn by the animal for which the tag was issued when the animal is off the property of the owner.
   C.   No dog or cat coming into the possession or custody of the dog and cat pound shall be released to its owner unless the dog or cat shall have been, within one year prior to the date of such release, inoculated against rabies, as proven by a certificate of inoculation against rabies, issued by the county rabies inspector, or by his/her deputy or by a licensed veterinarian.
   D.   When upon written certification of the designated city official or agent of the city, to the effect that it is considered that a certain dog or cat is rabid or has actually been bitten within the previous fifteen (15) days by a dog, cat, or animal, rabid or suspected of being rabid, a copy of such certification shall be given to the owner of the dog or cat, if known, at the same time, and thereupon the dog or cat mentioned and described fully in the certification, shall be seized on or off the owner's premises without the necessity of an arrest, warrant or court order, and impounded in the dog and cat pound by any police officer or agent of the city and kept impounded for a period of not exceeding fifteen (15) days, and if upon the expiration of said period the dog or cat shall be living, the dog or cat shall be returned to its owner, if known, promptly on the sixteenth day after seizure, without any cost whatsoever to its owner, having been properly fed and cared for; provided, however, that the suspected dog or cat may at the owner's request and at the owner's expense be impounded for the fifteen (15) days with a registered veterinarian; said dog or cat not to be released by the registered veterinarian until the veterinarian shall certify that the dog or cat does not have rabies. (Ord. M-14-09, 4-6-2009)
6-1A-10: DANGEROUS OR VICIOUS ANIMALS:
Dangerous or vicious animals shall be confined by the owner within a building or secure enclosure and shall be muzzled or caged whenever off the premises of its owner.
   A.   Definitions:
    BODILY ORGAN: Any bodily organ that includes, but is not limited to, skin, which is considered the largest of the human organs.
   CAT: All members of the family Felidae.
   DANGEROUS DOG: Any individual dog when unmuzzled, unleashed, or unattended by its owner or custodian that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal in a public place. A dog that without justification bites a person or a companion animal and does not cause serious physical injury.
   DOG: All members of the classification Canis familiaris.
   ENCLOSURE: A fence or structure of at least six feet (6') in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog. The enclosure shall be securely enclosed and locked and designed with secure sides, top, and bottom and shall be designed to prevent the animal from escaping from the enclosure. If the enclosure is a room within a residence, the door must be locked. The enclosure shall also display signage that states "Vicious or Dangerous Animal, Beware" or in similar nature and approved by the chief of police or his/her designee. A vicious dog may be allowed to move about freely within the entire residence if the residence is being occupied at that time by immediate family members only.
   FERRET: All members of the classification Mustela putorius furo.
   IMPOUNDED: Taken into the custody of the public animal control facility in the town where the animal is found.
   MUZZLE: A fastening or covering for the mouth of an animal used to prevent biting and eating.
   OWNER: Any person having a right of property in an animal or who keeps or harbors an animal, or acts as its custodian, or who has it in his/her care.
   PHYSICAL INJURY: The impairment of physical condition.
   POLICE ANIMAL: An animal owned or used by a law enforcement department or agency in the course of the department's or agency's work.
   SERIOUS PHYSICAL INJURY: A physical injury that creates a substantial risk of death or that causes death, serious disfigurement, serious impairment of health, impairment of the function of any bodily organ, or injury requiring plastic surgery, or injury or injuries that when viewed by a reasonable person are considered significant and substantial.
   VICIOUS DOG: A dog that, without justification, attacks a person or another companion animal and causes serious physical injury or death or any individual dog that has been found to be a "dangerous dog" upon three (3) separate occasions.
   B.   Declaration Of A "Vicious" Animal: An animal may be declared vicious if the court determines that without justification, the animal attacks a person or another companion animal causing serious physical injury or death, or any individual animal that has been found to be a "dangerous animal" upon three (3) separate occasions.
The chief of police or his/her designee may deem an animal "vicious". The city will give notice of the infraction that is the basis of the investigation to the owner, conduct a thorough investigation, interview any witnesses, including the owner, gather any existing medical records, veterinary medical records or behavioral evidence, and make a detailed report recommending a finding that the animal is a vicious animal and file the report with the city.
Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert, may be relevant to the court's determination as to whether the animal's behavior was vicious or justified.
The petitioner must establish by preponderance of the evidence that the animal is vicious. If the burden of proof is met, the court shall deem the animal to be a vicious animal.
An animal shall not be declared vicious if the court determines the conduct of the animal was justified because:
      1.   The threat, injury, or death was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the animal; or upon the property of the owner or custodian of the animal; or
      2.   The injured, threatened, or killed person was tormenting, abusing, assaulting, or physically threatening the animal or its offspring, or has in the past tormented, abused, assaulted, or physically threatened the animal or its offspring; or
      3.   The animal was responding to pain or injury, or was protecting itself, its owner, custodian or member of its household, kennel, or offspring.
      4.   No animal shall be deemed vicious if it is a professionally trained dog for law enforcement or guard duties.
      5.   Vicious animals shall not be classified in a manner that is specific as to breed.
Guide animals for the blind or hearing impaired, support animals for the physically handicapped, and sentry, guard or police owned animals are exempt from this subsection; provided, an attack or injury to a person or companion animal occurs while the dog is performing duties as expected. To qualify for exemption under this subsection, each such animal shall be currently inoculated against rabies in accordance with this article. It shall be the duty of the owner of such exempted animal to notify the city as well as the Cook County animal administrator of changes of address.
   C.   Finding Of A Vicious Animal: If an animal is found to be a vicious animal, the animal shall be spayed or neutered and microchipped within ten (10) days of the finding at the expense of the owner. The animal shall be subject to enclosure. An animal found to be a vicious animal shall not be released to the owner until the chief of police or his/her designee approves such enclosure. No owner or keeper of a vicious animal shall sell or give away the animal without city approval. The owner or keeper of a vicious animal shall notify the city if the vicious animal has died or will be euthanized. Whenever an owner of a vicious animal relocates, he or she shall notify both the chief of police or his/her designee where he or she is leaving and the chief of police or his/her designee of the city/town where he or she will be living.
   D.   Confinement Of A Vicious Animal: It shall be unlawful for any person to keep or maintain any animal which has been found to be a vicious animal unless the animal is kept in an enclosure. The only times that a vicious animal may be allowed out of the enclosure are: 1) if it is necessary for the animal owner or keeper of the animal to obtain veterinary care for the animal, 2) in the case of an emergency or natural disaster where the animal's life is threatened, or 3) to comply with the order of a court of competent jurisdiction, provided that the animal is securely muzzled and restrained with a leash not exceeding six feet (6') in length, and shall be under the direct control and supervision of the owner or keeper of the dog.
Any animal which has been found to be a vicious animal and which is not confined to an enclosure shall be impounded by the chief of police or his/her designee.
If the owner of the animal has not appealed the impoundment order to the circuit court of Cook County within fifteen (15) working days, the animal may be euthanized.
Upon filing a notice of appeal, the order of euthanasia shall be automatically stopped pending the outcome of the appeal.
   E.   Dangerous Animal Determination: Within three (3) days after the city receives notice of violations of this article, the city shall send notice of said violation to the owner of the alleged violations. The notice shall also inform the owner of the opportunity to meet with the city prior to making of a determination. The chief of police or his/her designee after reviewing all available evidence may deem an animal to be "dangerous". No animal shall be deemed a "dangerous animal" without preponderance of evidence. The owner shall be sent immediate notification of the determination by registered or certified mail that includes a complete description of the appeal process.
An animal shall not be declared dangerous if the chief of police or his/her designee determines the conduct of the animal was justified because:
      1.   The threat was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the animal; or upon the property of the owner or custodian of the animal;
      2.   The threatened person was tormenting, abusing, assaulting, or physically threatening the animal or its offspring;
      3.   The injured, threatened, or killed companion animal was attacking or threatening to attack the animal or its offspring; or
      4.   The animal was responding to pain or injury or was protecting itself, its owner, custodian, or a member of its household, kennel, or offspring.
Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert may be relevant to the determination of whether the animal's behavior was justified pursuant to the provisions of this subsection.
Guide animals for the blind or hearing impaired, support animals for the physically handicapped, and sentry, guard or police owned animals are exempt from this subsection; provided an attack or injury to a person occurs while the animal is performing duties as expected. To qualify for exemption under this subsection, each such animal shall be currently inoculated against rabies in accordance with this article. It shall be the duty of the owner of such exempted animal to notify the city of changes of address. In the case of such exempted animals, the owner shall keep the city advised of the location where such animal will be stationed.
   F.   Finding Of A Dangerous Animal: If deemed dangerous, the chief of police or his/her designee, shall order the animal be spayed or neutered within ten (10) days at the owner's expense and microchipped, if not already, signage to be placed at the residence of the dangerous animal that states "Dangerous Dog, Beware" or similar in nature and approved by the chief of police or his/her designee, and one or more of the following as deemed appropriate under the circumstances and necessary for the protection of the public:
      1.   Evaluation of the animal by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert in the field and completion of training or other treatment as deemed appropriate by the expert. The owner of the animal shall be responsible for all costs associated with evaluations and training ordered under this subsection; or
      2.   Direct supervision by an adult eighteen (18) years of age or older whenever the animal is on public premises.
The chief of police or his/her designee may order a dangerous animal to be muzzled whenever the animal is on public premises in a manner that will prevent it from biting any person or animal, but that shall not injure the animal or interfere with its vision or respiration.
   G.   Control Of A Dangerous Animal:
      1.   Dangerous Animal; Leash: It is unlawful for any person to knowingly or recklessly permit any dangerous animal to leave the premises of its owner when not under control by leash or other recognized control methods.
   H.   Appeal Of Dangerous Animal Determination:
      1.   Dangerous Animal; Appeal: The owner of an animal found to be dangerous pursuant to this article by the chief of police or his/her designee, may, within fourteen (14) days of receipt of notification of the determination, request an administrative hearing to appeal the determination. The administrative hearing shall be conducted pursuant to the city's rules of procedure for administrative proceedings. The final administrative decision of the city may be appealed to the circuit court of Cook County pursuant to the Illinois administrative review act.
Until the order has been reviewed and at all times during the appeal process, the owner shall comply with the requirements set forth by the city, the court, or the chief of police or his/her designee.
At any time after the final order has been entered, the owner may petition the circuit court to reverse the designation of dangerous animal.
   I.   Expenses Of Microchipping: It shall be the responsibility of the animal owner to have the animal microchipped by an approved veterinarian at the animal owner's expense.
   J.   Violations: Any person violating or aiding in or abetting the violation of any provision of this article, or counterfeiting or forging any certificate, permit, or tag, or making any misrepresentation in regard to any matter prescribed by this article, or resisting, obstructing, or impeding the chief of police or his/her designee or any authorized officer in enforcing this article, or refusing to produce for inoculation any animal in his/her possession or who removes a tag from an animal for purposes of destroying or concealing its identity, or who removes a tag, microchip, or tattoo, shall be subject to a fine as provided in section 1-4-1 of this code.
Each day a person fails to comply constitutes a separate offense. Each state's attorney to whom the chief of police or his/her designee reports any violation of this article shall cause appropriate proceedings to be instituted in the proper manner provided by law.
   K.   Penalties; Vicious Animal: If the owner of a vicious animal subject to enclosure:
      1.   Fails to maintain or keep the animal in an enclosure or fails to spay or neuter the animal; or
      2.   The animal inflicts serious physical injury upon any other person or companion animal or causes the death of another person or companion animal; and
      3.   The attack is unprovoked in a place where such person or companion animal is peaceably conducting himself/herself; shall be subject to a fine as provided in section 1-4-1 of this code. (Ord. M-14-09, 4-6-2009)
6-1A-11: DISTURBING THE PEACE:
   A.   No person shall keep any animal shut up or tied in a yard, house, shed, barn or other place, which by barking, meowing or by other noises shall constantly disturb the peace and quiet of any family, individual or neighborhood.
   B.   Any dog left outdoors or in a facility detached from a residence/business barking excessively, therefore disturbing the peace of the public, three (3) or more times during a twenty four (24) hour period in which the owner/keeper cannot be contacted or is not present, shall/may be impounded at the owner's/keeper's expense. (Ord. M-14-09, 4-6-2009)
6-1A-12: CONTROL OF DEFECATION:
   A.   It shall be unlawful for any person to cause or permit an animal to be on a property, public or private, not owned or possessed by such person unless such person has in his/her immediate possession a device for the removal of excrement and a depository for the transmission of excrement to a receptacle located upon property owned or possessed by such person.
   B.   It shall be unlawful for any person in control of, causing or permitting any animal in his or her control to be on any property, public or private, not owned or possessed by such person to fail to remove excrement left by such animal to a proper receptacle located on property owned or possessed by such person. (Ord. M-14-09, 4-6-2009)
6-1A-13: DOG RUNS:
   A.   Location: Dog runs located in residential districts shall be located only at the rear of the property and shall be prohibited from being within ten feet (10') of the rear lot line.
   B.   Sanitary Premises: Defecation shall not be allowed to accumulate in any part of the yard and the yard, including the dog run, shall be cleaned on a regular basis. Any person found violating this provision, upon conviction thereof, shall be fined fifty dollars ($50.00) per violation. Each day that a violation is permitted to exist shall constitute a separate offense.
   C.   Enforcement: It shall be the duty of the City Sanitarian or his/her designated representatives to enforce the provisions of this section. (Ord. M-14-09, 4-6-2009)
6-1A-14: DOG PARKS AND AREAS:
   A.   Definitions:
    DOG PARK: An enclosed area of land where dogs are permitted to be off leash.
   LEASH: A cord, rope, strap, or chain which shall be securely fastened to the collar or harness of a dog or other animal and shall be of sufficient strength to keep such dog or other animal under control.
   OPERATOR: Any person who owns, operates or provides for use by patrons, a dog park.
   B.   Requirements:
      1.   No person shall be an operator of a dog park unless such dog park is in compliance with this section.
      2.   A dog park must be completely enclosed by a contiguous fence with each entrance designed in such a manner as to secure against accidental opening.
      3.   There must be prominently displayed at each entrance to a dog park a sign that sets forth the operator's rules for use of the dog park by patrons which rules shall not be inconsistent with these regulations.
      4.   Dogs must be on a leash when entering into and leaving a dog park. They may be taken off a leash while within the dog park except as necessary for the safety of the dogs or patrons. (Ord. M-14-09, 4-6-2009)
      5.   The operator must institute a plan (e.g., licensing/permitting and/or use of a key or key card system) satisfactory to the City for each dog park that reasonably ensures that access to the dog park is limited to dogs:
         a.   For whom there is written proof of an examination within the past year for any communicable diseases including an examination of a stool specimen for internal parasites, and current vaccinations or titers if possible for distemper, hepatitis, parainfluenza, parvovirus and bordetella (kennel cough) unless an exemption to this requirement has been granted by the City upon the written recommendation from the owner's veterinarian; and
         b.   Who are in compliance with rabies vaccination requirements of the Illinois Animal Control Act 4
. (Ord. M-40-18, 12-3-2018)
      6.   The plan required by subsection B5 of this section shall be filed in writing with and must be approved by the City prior to the operator permitting patrons to use a dog park. Once approved by the City, any proposed change in the plan must be approved by the City prior to such change becoming effective.
      7.   The operator must institute a system of periodic surveillance to monitor compliance by dog park patrons with the operator's dog park plan and rules. The operator shall have a policy for those instances in which a patron does not observe the operator's rules. The operator shall permit the City to monitor and enforce compliance by dog park patrons with the operator's dog park plan and rules.
      8.   The dog park must have covered leakproof containers available for storage of waste materials for disposal to control vermin and insects, which containers shall be periodically emptied and maintained in a sanitary condition.
      9.   Patrons shall comply with the operator's rules and regulations as well as any City ordinances and State laws. (Ord. M-14-09, 4-6-2009)
6-1A-15: IMPOUNDING OF DOGS AND CATS:
   A.   Dog And Cat Pound: The City shall maintain a public pound, or designate a licensed veterinary hospital to be used as such, properly located, maintained in a sanitary condition, humanely managed, and known as the dog and cat pound, and same shall be under the jurisdiction of the Chief of Police or his/her designee, who shall enforce the provisions of this section.
   B.   Impoundment Procedures:
      1.   Under the provisions of this article, any dog running at large or any cat judged a nuisance by its behavior shall be seized promptly by any police officer or agent of the City and impounded in the dog and cat pound.
      2.   Any dog or cat impounded under the provisions of this section, with the exception of a vicious dog or cat, may be redeemed by the owner or any person authorized by the owner within six (6) days from the date of impounding, upon payment by the owner of the following sums:
         a.   A redemption fee of fifty dollars ($50.00) plus the impoundment fees for the first offense and one hundred dollars ($100.00) plus impoundment fees for the second offense and each offense thereafter; and
         b.   The amount of the cost of impoundment of the dog or cat while so impounded. (Ord. M-40-18, 12-3-2018)
   C.   Redemption Or Destruction:
      1.   If the dog or cat is not redeemed within six (6) days after being impounded, the person in charge of the pound shall cause the dog or cat to be placed in a shelter pending adoption or destroyed in a humane manner and cause the body thereof to be incinerated.
The foregoing paragraph, relating to destruction of dogs or cats, shall not apply to any dog or cat impounded on account of being rabid, or having been bitten by a rabid dog or cat, or suspected of having been bitten by a rabid dog or cat, or being suspected for any reason of having rabies, or any dog or cat declared to be vicious or dangerous.
      2.   The bodies of all dogs or cats humanely euthanized shall be disposed of by the dog and cat pound on the same day and in accordance with Illinois State law. (Ord. M-14-09, 4-6-2009)
6-1A-16: STRAY ANIMALS:
   A.   Whenever an officer or agent for the City observes or is informed that an animal is a stray or is running at large and not under control of the owner, the animal shall be immediately apprehended and impounded. Any person may apprehend a stray animal and inform the City so that the stray animal can be impounded.
   B.   All stray animals impounded shall have a record. The record shall include the owner's name, address and telephone number, if known; species or breed, color, sex, and physical condition of the animal; license or tag number, if known; and the time and date impounded.
   C.   When owners of stray animals impounded are known, notice shall be given by mail to the last known address. Stray animals shall be held not less than seven (7) days, if the owner is known. All unclaimed apprehended animals shall be placed for adoption, humanely euthanized or otherwise disposed of in accordance with the Illinois State law.
   D.   Any animal found to have been impounded due to being stray three (3) or more times shall be microchipped for future identification at a cost payable by the animal's owner before release from the dog and cat pound.
   E.   The stray animal owner is responsible for all costs relating to the apprehension and impoundment of the animal found not under control. (Ord. M-14-09, 4-6-2009)
6-1A-17: FEMALE ANIMALS IN HEAT:
The owner of any female animal in heat (estrus) shall confine such animal in a building or secure enclosure and shall attend the animal in such a manner that such female animal cannot come into contact with a male of the same species except for planned breeding. (Ord. M-14-09, 4-6-2009)
6-1A-18: ANIMAL CRUELTY:
   A.   Owner's Duties: Each owner shall provide for each of his/her animals:
      1.   Sufficient quantity of good quality, wholesome food and water;
      2.   Adequate shelter and protection from the weather;
      3.   Veterinary care when needed to prevent suffering; and
      4.   Humane care and treatment.
   B.   Cruel Treatment:
      1.   No person or owner may beat, cruelly treat, torment, starve, overwork or otherwise abuse any animal;
      2.   No owner may abandon any animal where it may become a public charge or may suffer injury, hunger or exposure;
      3.   No owner may "tether" a companion animal for the purpose of securing that animal for extended periods of time. (Ord. M-14-09, 4-6-2009)
6-1A-19: FEEDING OF NUISANCE WILDLIFE PROHIBITED:
It shall be prohibited to feed any nuisance wildlife, whether on private or public property. Nuisance animals include, but are not limited to, squirrels, raccoons, skunks, opossums, fox and coyotes. (Ord. M-14-09, 4-6-2009)
6-1A-20: VIOLATIONS; PUNISHMENTS:
Any person violating any provision of this chapter or counterfeiting or forging any certificate, permit or tag, or resisting, obstructing or impeding any authorized officer in enforcing this chapter shall be subject to a fine as provided in section 1-4-1 of this Code. Each person shall be guilty of a separate offense for every day in which any violation of any of the provisions of this chapter is committed or permitted to continue and shall be punished as provided in this chapter.
   A.   The City, State's Attorney or any citizen of the City may maintain a complaint in the Circuit Court of Cook County to enjoin all persons in the control of a dangerous animal from allowing or permitting such animal to leave his/her premises when not under control of a leash and muzzle or other recognized methods of physical restraint.
   B.   If any owned animal injures another animal which is under control, the owner of the attacking animal is liable for the full amount of the injuries sustained.
   C.   If any owned animal, without provocation, attacks or injures any person who is peacefully conducting himself/herself in any place where he/she may lawfully be, the owner of such animal is liable for damages to such person for the amount of the injury sustained. (Ord. M-14-09, 4-6-2009)
6-1A-21: ADOPTION OF STATUTES AND COOK COUNTY ORDINANCES:
The City hereby adopts by reference to this Code the following:
   A.   Illinois Humane Care for Animals Act, 510 Illinois Compiled Statutes 70/1 et seq.
   B.   Illinois Animal Welfare Act, 225 Illinois Compiled Statutes 605/1 et seq.
   C.   Dead Animal Disposal Act, 225 Illinois Compiled Statutes 610/1 et seq.
   D.   Cook County animal and rabies control ordinance. (Ord. M-14-09, 4-6-2009)

 

Notes

1
1. 510 ILCS 70/1 et seq.
2
2. 225 ILCS 605/1 et seq.
3
1. 225 ILCS 610/1 et seq.
4
1. 510 ILCS 5.