A. Administration And Enforcement Officials:
1. Administrator: There is hereby created the position of administrator whose duties shall be to administer and enforce this chapter and who shall be appointed by the county board.
2. Animal Control Wardens: The administrator shall appoint, with the approval of the board, animal control wardens to assist in carrying out and enforcing the provisions of this chapter.
3. Enforcement: The administrator and animal control wardens shall aid in the enforcement of the humane care for animals act and have the ability to impound animals and apply for security posting for violation of that act.
B. Entry Powers 1 : For the purpose of making inspections hereunder, the administrator, or his or her authorized representative, or any law enforcement officer may enter upon private premises to apprehend a straying dog or other animal, a dangerous or vicious dog or other animal, or an animal thought to be infected with rabies; provided, that the entry shall not be made into any building that is a person's residence. If, after request therefor, the owner of the dog or other animal shall refuse to deliver the dog or other animal to the officer, the owner shall be in violation of this chapter.
C. Notice Of Violation: Service of a notice of violation may be made by the administrator, the supervisor, an animal control warden, or the sheriff by leaving a copy of the notice with the owner of the animal, or by leaving a copy of the notice at the owner's usual place of abode with some member of the family of the age of thirteen (13) years or upwards and informing that person of the contents thereof, or by sending a copy of the notice in a sealed envelope with postage fully prepaid and addressed to the owner at his or her usual place of abode.
D. Liability:
1. Any municipality or political subdivision allowing feral cat colonies and trap, sterilize and return programs to help control cat overpopulation shall be immune from criminal liability and shall not be civilly liable, except for a wilful and wanton misconduct, for damages that may result from a feral cat.
2. Any veterinarian or animal shelter who in good faith contacts the registered owner of a microchipped animal shall be immune from criminal liability and shall not, as a result of his or her acts or omissions, except for wilful and wanton misconduct, be liable for civil damages.
3. Any veterinarian who sterilizes feral cats and any feral cat caretaker who traps cats for a trap, sterilize, and return program shall be immune from criminal liability and shall not, as a result of his or her acts or omissions, except for a wilful and wanton misconduct, be liable for civil damages.
4. Any animal shelter worker who microchips an animal shall be immune from criminal liability and shall not, as a result of his or her acts or omissions, except for wilful and wanton misconduct, be liable for civil damages.
E. Violations; Penalties:
1. No Registration Or Inoculation; False Tags Or Documents; Obstructing Enforcement:
a. Any person paying a fine for no registration or no inoculation must have the registration or inoculation done within twenty four (24) hours of payment of the fine, or another citation will be written for the same violation. The fine for a dog running at large shall be fifty dollars ($50.00) for any one offense 2 plus a twenty five dollar ($25.00) public safety fine, twenty dollars ($20.00) of which shall be deposited into the county pet population control fund and five dollars ($5.00) shall be retained in the county animal control fund. (Total fine $75.00.) A dog found roaming at large contrary to the provisions of this chapter a second or subsequent time must be spayed or neutered within thirty (30) days after being reclaimed unless already spayed or neutered. Failure to comply shall result in impoundment of the animal.
b. Any person violating or aiding in or abetting the violation of any provision of this chapter; or counterfeiting or forging any certificate, permit, or tag; or making any misrepresentation in regard to any matter prescribed by this chapter; or resisting, obstructing, or impeding the administrator or any authorized officer in enforcing this chapter; or refusing to produce for inoculation any dog in his or her possession; or who removes a tag from a dog for purposes of destroying or concealing its identity, is guilty of a class C misdemeanor for a first offense and, for a subsequent offense, is guilty of a class B misdemeanor.
c. Each day a person fails to comply constitutes a separate offense.
d. The state's attorney shall cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner provided by law.
2. Vicious Dogs: If the owner of a vicious dog subject to enclosure: a) fails to maintain or keep the dog in an enclosure or fails to spay or neuter the dog within the time period prescribed; and b) the dog inflicts serious physical injury upon any other person or causes the death of another person; and c) the attack is unprovoked in a place where such person is peaceably conducting himself or herself and where such person may lawfully be, the owner shall be guilty of a class 4 felony, unless the owner knowingly allowed the dog to run at large or failed to take steps to keep the dog in an enclosure, then the owner shall be guilty of a class 3 felony. The penalty provided in this subsection D2 shall be in addition to any other criminal or civil sanction provided by law.
3. Dangerous Dog: If the owner of a dangerous dog knowingly fails to comply with any order regarding the dog and the dog inflicts serious physical injury on a person or a companion animal, the owner shall be guilty of a class A misdemeanor. If the owner of a dangerous dog knowingly fails to comply with any order regarding the dog and the dog kills a person, the owner shall be guilty of a class 4 felony.
F. Actions To Recover Penalties:
1. Notice Of Violation: Actions to recover penalties for violations may be instituted by serving a notice of violation upon the owner by the administrator, the supervisor, an animal control warden, or the sheriff.
2. Liability For Damages: If a dog or other animal without provocation attacks or injures any person or other animal who is peaceably conducting himself in any place where he may lawfully be, or if a dog pursues, chases, worries, wounds, injures or kills any sheep, goats, cattle, horses, mules, poultry, ratites, or swine belonging to another, the owner of such dog or other animal is liable in damages to such person for the full amount of the injury sustained, and the court may order said restitution.
3. Complaint Filed: Actions to recover penalties for violations of any of the provisions of this chapter may also be instituted by the filing of a verified complaint in the county circuit court signed by the administrator or his or her authorized agent, or the county state's attorney.
4. Other Procedures: Nothing contained in this chapter shall be construed so as to prevent the county, or any of its duly authorized agents, from instituting any other form of action at law or in equity to enforce the provisions, or to prevent or abate violations of this chapter. (Ord. 06-009, 6-13-2006)
Notes
| 1 | 1. 510 ILCS 5/17. |
| 2 | 1. 55 ILCS 5/5-1071. |