For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
ABANDONED. Any animal left deserted, forsaken, or unrestrained where it may become a public charge or may suffer injury, hunger, or exposure.
ANIMAL. Any living creature, other than humans, domestic or wild.
ANIMAL CONTROL ADMINISTRATOR. A person appointed by the County Board Chairperson and approved by the County Board and to perform duties and exercise police powers of enforcement in order to effectuate the purposes of this chapter, the State Animal Control Act, Humane Care for Animals Act, Animal Welfare Act, and the State and Federal Wildlife Codes.
ANIMAL CONTROLLED or RESTRAINED. A dog or cat, off the premises of its owner’s real property, is under control or restraint if it is controlled by a leash or lead not more than six feet in length when said line is held by a competent person; when at “heel” of a competent person; when under voice control of competent person; when confined within a crate, cage, or other animal carrier; when confined within a vehicle; or when utilized in the sport of hunting. A dog or cat is UNDER RESTRAINT or CONTROL when within the premises of its owner or another person, with consent of the other person, and is prevented from leaving said premises by some suitable barrier or restriction.
AT LARGE. Any animal shall be deemed at large when it is off the premises of its owner’s real property or property where it has permission to be, and not restrained or controlled by a competent person.
BOARD. The County Board in each county, defined by § 5-1004 of the Counties Code.
CAT. Felis catus (510 ILCS 5/2.04a).
COMPETENT PERSON. A person of the mental and physical capability to control the animal in question and to whose command the animal is obedient.
CONFINE. The restriction of an animal at all times by the owner, or his or her agent, to an escape-proof building, house or other enclosure away from other animals and the public (510 ILCS 5/2.05).
DANGEROUS DOG.
(1) Any individual dog anywhere other than upon the property of the owner or custodian of the dog and 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 companion animal; or
(2) A dog that, without justification, bites a person and does not cause serious physical injury.
DOG (CANINE). All domestic members of the family Canidae (510 ILCS 5/2.11).
ENCLOSURE. A fence or structure of at least six feet in height, forming or causing an enclosure suitable to prevent the entry of other domestic animals or 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 of the vicious dog within the enclosure. Such 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. This should not be construed to mean cement floor only; other suitable means such as cement poured directly below or inside the perimeter or railroad ties buried or placed around the perimeter to a depth or in manner to prevent the animal from escaping. If the ENCLOSURE is a room within a residence, it cannot have direct ingress from or egress to the outdoors unless it leads directly to an enclosed pen and the door must be locked. A vicious dog may be allowed to move about freely within the entire residence if it is muzzled at all times.
IMPOUNDED. An animal apprehended and taken into custody of the public animal control facility located within the county.
OWNER. Any person having right of property in an animal or who acts, keeps, or harbors an animal, or who has it in his or her care, or acts as its custodian, or who knowingly permits a dog to remain on any premises occupied by him or her. OWNER does not include a feral cat caretaker participating in a trap, spay/neuter, return, or release program (510 ILCS 5/2.16).
PERSON. Any individual, firm, corporation, partnership, society, association, or other legal entity, any public or private institution, the state, municipal corporation, or political subdivision of the state, or any other business unit (510 ILCS 5/2.17).
RETURN TO OWNER (RTO) or REDEMPTION FEE. Costs incurred when impounding an animal which includes processing an animal entry and exit at the shelter. This also includes boarding and transportation fees and may include vaccination fees and/or registration fees.
VICIOUS DOG. In order to have a dog deemed VICIOUS, the Administrator, Deputy Administrator, or law enforcement officer must 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 dog is a vicious dog and give the report to the state’s Attorney’s office and the owner. The Administrator, state’s Attorney, Director, or any citizen of the county in which the dog exists may file a complaint in the Circuit Court in the name of the people of the state to deem a dog to be a VICIOUS DOG. The Administrator shall determine where the animal shall be confined while the case is pending.
(Prior Code, § 5-1-2) (Ord. 2005-1116, passed 11-15-2005)
Statutory reference:
Animal Control Administrator, see 510 ILCS 5/3
County Board, see 510 ILCS 5/2.04
Dogs found running at large, limitations, see 510 ILCS 5/9, 5/24
Impoundment; redemption, fees, see 510 ILCS 5/10