(A) Generally. No person or owner or person having custody of any animal shall treat any animal cruelly in any manner. The following acts shall be deemed to be examples of cruelty to animals and are not intended to be a complete list of acts which may constitute cruelty:
(1) By overloading, over-driving, overworking, beating, torturing, tormenting, mutilating, or killing any animal or cause or knowingly allow the same to be done;
(2) By cruelly working any old, maimed, infirm, sick, or disabled animal or cause or knowingly allow the same to be done;
(3) By failing to provide any animal in his or her care or custody with proper food, water, air, and sanitary shelter, such shelter to be sufficient to provide adequate bedding and protection from the weather and space within sufficient for the animal to stand in an upright position and lie down stretched out so that no part of its body need touch the sides of the shelter structure;
(4) By failing to provide necessary, veterinary attention to sick animals in need which are in any person’s care or custody;
(5) By abandoning any animal where it may become a public charge or may suffer from injury, hunger, thirst, or exposure;
(6) By carrying, keeping, driving, or causing to be carried, driven, or kept any animal in a cruel manner;
(7) By leaving or confining any animal in a motor vehicle, trailer, or other enclosure in such a manner that it places the animal in a life or health-threatening situation due to exposure to heat or cold, without sufficient ventilation or other protection from such heat or cold;
(8) By beating, cruelly ill-treating, tormenting, abusing, wounding, or killing or attempting to wound or kill or by knowingly poisoning or causing to be poisoned any animal, with the exception of rats and mice, and, then, only by using approved Department of Agriculture poison appropriate for rodents; and
(9) By tethering any animal to a fixed object unless such chains, ropes, or leashes are so placed or attached that they cannot become entangled with another animal or object and shall be of sufficient length in proportion to the size of the animal to allow the animal proper exercise and convenient access to food, water, and shelter. Such tethering shall be located so as not to allow such animal to trespass on public property or private property belonging to others nor in such a manner as to cause harm or danger to persons or other animals.
(B) Impoundment.
(1) No right to redeem animal. When an animal control officer or a police officer finds a violation of this section which has resulted in an animal being in such condition that no remedy or corrective action by the owner or person in custody is reasonably possible or if the owner fails or refuses to provide such remedy or corrective action, an animal control officer or a police officer shall have the right to enter upon private property or public property in the city to examine and/or remove and impound such animal therein. Upon such determination and impoundment, the owner or person otherwise responsible for said animal (owner/custodian) shall have no right of redemption from impoundment as to such animal. No such officer will have the right to enter a private dwelling for this purpose without a valid search warrant or other lawful process. The owner or person otherwise responsible for said animal shall be strictly liable for all expenses incurred in taking possession of and impounding the animal.
(2) Notice and review. The owner or person in custody of an animal impounded under this division (B) shall be provided written notice of the impoundment of the animal, which notice shall inform the owner/custodian of the determination and finding of the animal control officer and/or police officer and that the owner/custodian shall not have the right to redeem said animal from impoundment by reason thereof. The owner/custodian of the animal may appeal such determination and finding to terminate the right to possess the animal to the Chief of Police, provided that the owner/custodian delivers a written request for review to the Chief of Police within seven days of the date of impoundment of the animal. The Chief shall promptly set the matter for review and give notice to the owner/custodian of the time, date, and place of the review; at which time, the owner/custodian shall have the opportunity to appear to be heard on the determination to terminate the owner/custodian’s right to possess and redeem the animal. After any such review, the Chief shall render a written decision affirming, reversing, or modifying the termination of the right of possession and redemption of the animal. Said written decision shall be promptly mailed to the owner/custodian at the address provided by the owner/custodian or delivered personally thereto. Such review and/or decision by the Chief of Police shall not stay nor be binding as to any other prosecution for violations of this code or other laws or regulations with respect to said animal.
(3) Right of entry. If the owner cannot be located after a reasonable search or if the owner shall be known to be absent due to illness, incarceration, or other circumstances, an animal control officer or a police officer shall have the right to enter upon private property or public property in the city to examine and/or remove and impound such animal therein. No such officer will have the right to enter a private dwelling for this purpose without a valid search warrant or other lawful process. The owner shall be held strictly liable for all expenses incurred.
(Ord. 7 (Series 2013-2014), passed 10-7-2013) Penalty, see § 90.999
Statutory reference:
Related provisions, see 510 ILCS 70/3.01 et seq.