Section
General Provisions
92.01 Definitions
92.02 Standards and prohibitions
92.03 Animals as nuisances
92.04 Inoculation of animals
92.05 Animals that bite
92.06 Liability of owner or keeper
92.07 Cruelty to animals prohibited
92.08 Disposal of dead animals
92.09 Disposal of animal waste
Dangerous Animals, Dangerous Dogs and Vicious Dogs
92.20 Findings
92.21 Keeping of dangerous animals prohibited
92.22 Keeping of vicious animals
92.23 Sign required
Enforcement Procedures
92.30 Impoundment
92.99 Penalty
GENERAL PROVISIONS
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ANIMAL. All creatures, including mammals other than humans, reptiles, birds and fish, unless the particular section limits the application to a particular species of animal.
ANIMAL CONTROL OFFICER. Any designee of the Chief of Police of the city who may be assigned, from time to time, to perform duties related to animal control in the city.
ANIMAL HOSPITAL. Any establishment under the supervision of a licensed veterinarian, where animals are taken for observation or for treatment of disease, surgery, shots, treatment of injury or cremation.
AT LARGE. Any animal not under restraint as defined herein.
BITE. To seize or cut with the teeth so that the skin or tissue is broken.
COMPANION ANIMAL. An animal that is commonly considered to be, or is considered by the owner to be, a pet. COMPANION ANIMAL includes, but is not limited to, canines and felines.
CONFINED. Restriction of an animal at all times, by the owner or keeper or his or her agent, to an escape-proof building or other enclosure away from other animals and the public.
DANGEROUS ANIMAL. Any lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarondi, bear, hyena, wolf or coyote, poisonous or life-threatening reptile, or any other mammal (with the exception of dogs), amphibian, or fowl, which is of a species that would constitute a danger to human life, physical well- being or property, due to size, vicious nature or other characteristics.
DANGEROUS DOG. Any individual dog which, when either unmuzzled, unleashed or unattended by its owner or keeper, or a member of its owner’s or keeper’s family, approaches any person upon streets, sidewalks, or any public grounds or places in an apparent attitude of attack or in a vicious or terrorizing manner.
DEPARTMENT OF AGRICULTURE. The State of Illinois Department of Agriculture.
DOG. Any animal of the canine species, regardless of sex.
ENCLOSURE. A fence or structure of at least six feet in height, forming or creating an enclosed area suitable to prevent the entry of young children and suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering such dog within the enclosure. An enclosure shall be securely enclosed and locked, shall be designed with secure sides, top and bottom, and shall be designed to prevent the animal from escaping the enclosure.
FOUND TO BE A VICIOUS ANIMAL. An animal concerning which any law enforcement officer has conducted an investigation and has made a finding and, based on that finding, has made a written determination that the animal is a vicious animal, as defined herein, or a dog that the Circuit Court has found to be a vicious animal and has entered an order based on such finding.
GUIDE OR SUPPORT DOG. A dog trained by a recognized organization to lead or support the legally blind or disabled.
HUMANELY EUTHANIZED. The painless administration of a lethal dose of an agent or method of euthanasia as prescribed in the Report of the American Veterinary Medical Association Panel on Euthanasia published in the Journal of the American Veterinary Medical Association, March 1, 2001 (or any successor version of that Report), that causes the painless death of an animal. Animals must be handled prior to administration of the agent or method of euthanasia in a manner to avoid undue apprehension by the animal.
IMPOUNDED. Taken into custody and placed at the pound.
INOCULATION AGAINST RABIES. The injection, subcutaneously or otherwise, of the canine anti-rabies vaccine, as approved by the Department of Agriculture.
LEASH. A cord, rope, strap or chain, which is securely fastened to the collar or harness of a dog, and which is of sufficient strength to keep such dog under control.
LIVESTOCK. Any animal that is kept or raised principally for the sale or use of a product made by or from such animal, or which is customarily kept or raised on a farm, including but not limited to horses, cows, pigs, goats, sheep, chickens and other poultry, and any other similar animals.
MUZZLE. A device constructed of strong, soft material or metal, made in such a manner that it will not cause injury to a dog or interfere with its vision, but will prevent such dog from biting any person or other animal.
OWNER OR KEEPER. Any person who has a right of property in an animal, keeps or harbors an animal, has an animal in his or her care, acts as custodian of an animal, or knowingly permits an animal to remain on or about any premises occupied by such person.
PERSON. Any individual, corporation, association, firm, partnership, or other legal entity.
PET SHOP. Any room or group of rooms, cages or pens, not part of an animal hospital, wherein dogs, cats or other animals are kept or displayed for sale; provided that livestock shall not be sold or kept in any pet shop, and no pet shop shall be used for breeding or boarding animals, and further provided that a pet shop may only be located in a zoning district where such use is permitted in the city.
POTBELLIED PIG. Any variety of swine meeting the standards of the North American Potbellied Pig Association.
POUND. The facility operated by the County of DuPage to keep and care for impounded animals, or any other facility approved by the Chief of Police for the impoundment of animals.
PUBLIC ENTRANCE. The entranceway of a residence or other building that is closest to the public street or sidewalk, or which would reasonably be perceived by the public to be the entrance available for public use.
RESTRAINT. An animal is under restraint if it is:
(1) Attached to a leash held by a responsible person, if on public property or on the property of any person other than the animal’s owner or keeper;
(2) Under the effective voice control of a responsible person in attendance on such animal on the owner’s or keeper’s property;
(3) Attached to a structure or fixture in such a manner that it is unable to reach beyond the limits of the owner's or keeper’s property, or to reach or molest persons or casual visitors to the owner’s or keeper’s property who may be using the public entrance, placing mail in the mailbox, or delivering newspapers at the request of the owner or keeper; or
(4) Enclosed in a fenced yard from which it is unable to escape without assistance from a person.
(5) In the case of birds, fish and reptiles, enclosed in a cage or tank suitable therefor, within a dwelling place or structure.
VICIOUS ANIMAL.
(1) (a) Any individual animal that, when unprovoked, inflicts bites or attacks a human being or other animal either on public or private property.
(b) Any individual animal with a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals.
(c) Any individual animal that has a trait or characteristic and a generally known reputation for viciousness, dangerousness or unprovoked attacks upon human beings or other animals, unless handled in a particular manner or with special equipment.
(d) Any individual animal which attacks a human being or domestic animal without provocation.
(e) Any individual dog which has been found to be a dangerous dog upon three separate occasions.
(2) No animal shall be deemed VICIOUS if it bites, attacks or menaces a trespasser on the property of its owner or keeper or harms or menaces anyone who has tormented or abused it, or is a professional trained dog for law enforcement or guard duties.
(Ord. 03-10, passed 6-24-03; Am. Ord. 24-08, passed 2-27-24)
It shall be unlawful for the owner or keeper of any animal to do any of the following:
(A) To fail to keep any animal under restraint at all times;
(B) To permit any animal to be at large anywhere within the city;
(C) To permit any animal to enter any place where food is stored, prepared or sold to the public, or any public building or hall; provided that this prohibition shall not apply to any person having a disability who uses a trained guide or support dog, or to any animal hospital;
(D) To permit any animal to enter or remain on the premises of another person within the city without the consent of such person;
(E) To permit any animal to damage or destroy any property;
(F) To keep, harbor or maintain more than three dogs or cats of more than four months in age, or any combination thereof, upon any property within the city; provided that such restriction shall not be applicable to any animal hospital or pet shop in a zoning district where such uses are permitted in the city, and further provided that any person who owned or kept more than three dogs or cats of more than four months in age, or any combination thereof, as of June 15, 2003, shall be entitled to own or keep such animals until the number thereof is reduced to three by death, sale, or gift, after which such owner or keeper shall comply with this restriction;
(G) To keep any stable, poultry yard or pen, or any other place for the housing of any livestock in any place in the city;
(H) To keep, harbor or maintain any potbellied pig within the city, except as follows:
(1) No more than one potbellied pig shall be kept in any one residence;
(2) No potbellied pig shall be permitted outdoors other than for evacuation of waste material on the owner's or keeper's premises, for exercise periods on the owner's or keeper's premises which shall not exceed two hours per day, or for transporting such pig to and from the veterinarian or other necessary places. During any such transporting, the pig shall be leashed and under the control of the person in charge of the pig;
(3) No less than annually, any potbellied pig shall receive animal vaccinations for erysipelas and any other appropriate vaccinations from a veterinarian licensed by the State of Illinois, and certificates of such vaccinations shall be provided to any Animal Control Officer upon request;
(5) No potbellied pig shall be permitted to weigh more than 150 pounds or to exceed 22 inches at the shoulder. When the annual vaccination certificate from the veterinarian is issued, the veterinarian shall also provide the owner or keeper with documentation as to the height and weight of such pig, and such documentation shall be provided to an Animal Control Officer upon request.
(I) To own any animal which is known to be infected with any disease transmittable to other animals or main, including severe parasitism, unless such animal shall be confined in such a manner that it will not expose other animals or humans to such disease;
(J) To interfere in any way with any person who is known to be or who identifies himself or herself to be an Animal Control Officer or county employee or officer enforcing the provisions of this chapter or engaged in catching or impounding any animal under the authority of this chapter.
(Ord. 03-10, passed 6-24-03)
Loading...