Section
90.01 Definitions
90.02 Administrator for animal protection services
90.03 Responsibility of Administrator
90.04 Bite reporting and investigation
90.05 Confinement of biting animals
90.06 Dangerous and vicious dogs
90.07 Liability of owner of dog, cat or other animal attacking or injuring person or animal
90.08 Inoculation against rabies
90.09 Owner duties
90.10 Dangerous animals
90.11 Removal of dead animals
90.12 Authority to ascertain inoculation against rabies and registration
90.13 Trapping wildlife
90.14 Domestic and companion animal running at large prohibited
90.15 Impounded dogs, cats and animals; notice to owner; unredeemed dogs, cats and other animals
90.16 (Reserved)
90.17 Relinquishment of animals
90.18 Barking or howling dog
90.19 Enforcement; exemption from liability
90.20 Cooperation in enforcement
90.21 Contracts with municipalities and agreements with other partners
90.22 Right of entry for inspections; apprehension of dog or other animals; refusal of owner to deliver dog or other animal
90.23 Cruelty to animals
90.24 (Reserved)
90.25 Police animal
90.26 (Reserved)
90.27 Fees for services pursuant to intergovernmental agreements
90.28 Animal Protection Services
90.29 Animal Protection Services fees
90.30 Animal Protection Services fee waiver
90.99 Penalty
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR. A veterinarian licensed by the State of Illinois and appointed pursuant to the Animal Control Act (510 ILCS 5/1 et seq.), or a non-veterinarian may serve as Administrator. In the event the Administrator is not a veterinarian, the Administrator shall defer to the Deputy Administrator regarding all medical decisions.
ANIMAL. Every living creature, domestic or wild, other than man.
ANIMAL CONTROL OFFICER. Animal Control Warden.
ANIMAL PROTECTION SERVICES. The county department that operates rabies control, animal control, animal welfare enforcement and the county animal shelter. ANIMAL PROTECTION SERVICES may be used interchangeably with the term “animal control”.
BOARD. The County Board of Will County, Illinois.
ANIMAL PROTECTION SERVICES OFFICER or ANIMAL CONTROL OFFICER. Animal Control Warden which is any person appointed by the Administrator to perform the duties set forth in the Animal Control Act (510 ILCS 5/1 et seq.) or in this chapter. ANIMAL PROTECTION SERVICES OFFICER is interchangeable with “Animal Control Warden”.
BUSINESS DAY. Any day including holidays that the animal protection services facility is open to the public for animal reclaims.
CAT. Felis catus.
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, felines, and equines.
COMPANION ANIMAL HOARDER. A person who (i) possesses a large number of companion animals; (ii) fails to or is unable to provide what he or she is required to provide under Section 3 of this Act; (iii) keeps the companion animals in a severely overcrowded environment; and (iv) displays an inability to recognize or understand the nature of or has a reckless disregard for the conditions under which the companion animals are living and the deleterious impact they have on the companion animals' and owner's health and well-being.
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 under voice control or within the premises of its owner or another person with the consent of the person and prevented from leaving said premises by some suitable barrier or restriction, or confined within a crate or cage, or confined within a vehicle.
DANGEROUS ANIMAL. A wild or exotic animal, not indigenous to this state, not commonly found as a domestic animal that would create a potential risk to public safety including but not limited to: bears, wolves, coyotes, jackal, fox, or hybrid thereof, lions, tigers, jaguars, leopards, cougars, panthers, lynx, bobcats, ocelots, any hybrid thereof or any other similar feline animal, alligators, crocodiles, caimans, snakes and reptiles that are venomous or life-threatening, apes, baboons, macaques, bison, and rodents weighing more than one pound, with the exception of guinea pigs.
DANGEROUS DOG. 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 a companion animal or a dog that, without justification, bites a person and does not cause serious physical injury.
DEPUTY ADMINISTRATOR. The licensed veterinarian appointed by the Administrator and approved by the County Board, who is authorized to act on behalf of the Administrator if the Administrator is unavailable.
DEPICTION OF ANIMAL CRUELTY. Any visual or auditory depiction, including any photograph, motion-picture film, video recording, electronic image, or sound recording, that would constitute a violation of 510 ILCS 70/3.01, 3.02, 3.03, or 4.01 of the Humane Care for Animals Act or Section 26-5 or 48-1 of the Criminal Code of 1961 or the Criminal Code of 2012.
DIFFERENTIAL. The difference in the registration fees paid for spayed, neutered or sterilized animals and the registration fees paid for intact animals.
DOG. All members of the family Canidae.
DOMESTIC ANIMAL. Any companion or farm animal.
ENCLOSURE. A fence or structure of at least six feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures that may be taken by the owner or keeper, such as tethering of the vicious dog within the enclosure. 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, 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.
FERAL CAT. A cat that (i) is born in the wild or is the offspring of an owned or feral cat and is not socialized, (ii) is a formerly owned cat that has been abandoned and is no longer socialized, or (iii) lives on a farm.
HAS BEEN BITTEN. Has been seized with the teeth or jaws, so that the person or animal seized has been nipped or gripped, or has been wounded or pierced and further includes contact of saliva with any break or abrasion of skin or mucous membrane.
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.
IMPOUNDED. Taken into the custody of the Animal Protection Services and placed in an animal shelter or veterinary hospital/clinic in the county where the animal is found under the control of the Animal Protection Services.
INOCULATION AGAINST RABIES. The injection of a rabies vaccine approved by the State Department of Agriculture and administered by a licensed veterinarian in accordance with the company’s recommendations for the vaccine used.
INTACT ANIMAL. An animal that has not been sterilized.
LAW ENFORCEMENT AGENCY. An agency of the state or a unit of local government that is vested by law or ordinance with the duty to maintain public order and to enforce criminal laws or ordinances.
LEASH. A cord, rope strap or chain which shall be securely fastened to the collar or harness of a dog or the animal and shall be of sufficient strength to keep the dog or other animal under control.
LICENSED VETERINARIAN. A veterinarian licensed by the state in which he or she engages in the practice of veterinary medicine.
LOW-INCOME. Those persons eligible for the Food Stamp Program or Social Security Disability Benefits Program.
OWNER. Any person having a right of property in a dog, cat or other animal, or who keeps or harbors a dog, cat or other animal, or who has it in his or her care, or acts as its custodian, or who knowingly permits the animal to remain on or about any premises occupied by him or her. OWNER does not include a feral cat caretaker participating in a trap, spay/neuter, vaccinate for rabies, and return program.
PERSON. Any person, firm, corporation, partnership, society, association or other legal entity, any public or private institution, the State of Illinois, municipal corporation or political subdivision of the state, or any other business unit.
PEACE OFFICER. Has the meaning ascribed to it in Section 2-13 of the Criminal Code of 2012.
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 or agency's work.
POTENTIALLY DANGEROUS DOG. A dog that is unsupervised and found running at large with three or more other dogs.
RECKLESS DOG OWNER. A person who owns a dog that while anywhere other than upon the property of the owner, and without justification, kills another dog that results in that dog being deemed a dangerous dog under 510 ILCS 5/15.1 of the State Animal Control Act and who knowingly allows the dog to violate 510 ILCS 5/9 of the State Animal Control Act on two occasions within 12 months of the incident for which the dog was deemed dangerous or is involved in another incident that results in the dog being deemed dangerous on a second occasion within 24 months of the original dangerous determination.
REGISTRATION CERTIFICATE. A printed form prescribed by Animal Protection Services for the purpose of recording pertinent information as required under this chapter.
RETURN. “Return” in “return to field or trap, neuter, return program” means to return the cat to field after it has been sterilized and vaccinated for rabies.
SEIZE. The County Animal Protection Services or any officer of the law is authorized to enter upon public or private property; for the purpose of impounding any dog, cat or other animal which has been found to be in violation of this chapter.
SERIOUS PHYSICAL INJURY. A physical injury that creates a substantial risk of death or that causes death, serious disfigurement, protracted impairment of health, impairment of the function of any bodily organ, or plastic surgery.
SERVICE ANIMAL. An animal trained in obedience and task skills to meet the needs of a person with a disability. As defined by the Americans with Disabilities Act, service animals are dogs that are individually trained to do work or perform tasks for people with disabilities. Only dogs may be considered service animals. The dog must be trained to take a specific action when needed to assist the person with a disability in accordance with the ADA. Animals whose sole function is to provide comfort are not considered service animals.
STRAYING. Any owned animal not on the premises of the owner or not confined or under control as set forth in this chapter.
VICIOUS DOG. A dog that, without justification, attacks a person and causes serious physical injury or death or any individual dog that has been found to be a “dangerous dog” upon three separate occasions.
(1980 Code, § 90.01) (Res. 99-61, adopted 2-18-1999; Res. 06-122, adopted 3-16-2006; Ord. 17-231, adopted 10-19-2017; Ord. 24-19, passed 1-18-2024)
Statutory reference:
Powers generally, see 55 ILCS 5/5-1014
Animal Control Act definitions, see 510 ILCS 5/2.01 - /2.04a, 2.05a, 2.07, 2.11 - 2.17c, 2.18a - 2.19b, 3.5
Humane Care for Animals Act definitions, see 510 ILCS 70/2.01, 2.01c, 2.09, 2.10, 20.1a
The County Executive with the advice and consent of the County Board shall appoint an Administrator of animal protection services. A person who is not a licensed veterinarian may be appointed Administrator provided a licensed veterinarian is appointed as a Deputy Administrator. The appointments shall be made as necessary to keep this position filled at all times.
(1980 Code, § 90.02) (Res. 99-61, adopted 2-18-1999; Res. 06-122, adopted 3-16-2006; Ord. 24-19, passed 1-18-2024)
Statutory reference:
Administrator, see 510 ILCS 5/3
(A) The Administrator shall enforce and abide by all sections of the State Animal Control Act (510 ILCS 5/1 et seq.) and this chapter, including the rules and regulations relating to the Act and this chapter.
(B) It shall be the duty of the Administrator, through sterilization, humane education, rabies inoculation, stray control, impoundment, quarantine and any other means deemed necessary, to control and prevent the spread of rabies and to exercise dog and cat overpopulation control. It shall also be the duty of the Administrator to investigate and substantiate all claims made under 510 ILCS 5/19 of the State Animal Control Act. The duty may include return, adoption, transfer to rescues or other animal shelters, and any other means of ensuring live outcomes of homeless dogs and cats and through sterilization, community outreach, impoundment of pets at risk and any other humane means deemed necessary to address strays and ensure live outcomes for dogs and cats that are not a danger to the community or suffering irremediably. It shall be a further duty of the Administrator to provide animal protection services to animals within the county and oversee the operations of the county’s animal shelter facility.
(C) The Administrator, Deputy Administrators and animal control officers shall have the power of peace officers for the limited purposes of issuing and serving citations and order for violation of this chapter and the Animal Control Act, 510 ILCS 5/1 et seq. Animal control officers may use tranquilizer guns and equipment.
(1980 Code, § 90.03) (Res. 99-61, adopted 2-18-1999; Res. 06-122, adopted 3-16-2006; Ord. 24-19, passed 1-18-2024)
Statutory reference:
Duties and powers of Administrator or Deputy Administrator, see 510 ILCS 5/5
(A) It is unlawful for any person having knowledge that any person has been bitten by an animal shall notify the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator within 24 hours.
(B) Upon receiving a bite report, the county animal control shall record all pertinent information on a standardized form. Records should show that after a bite report is received, it has been investigated and, if possible, the biting animal confined and the attending physician notified of the animal’s health. Investigation may include contact with the person bitten, or for a minor, with their parent or guardian, attending physician, veterinarian and any other appropriate source to coordinate information, make referral of patient and recommended treatment.
(C) The county animal protection services will, upon request, take appropriate measures to assist municipalities in the apprehension of biters.
(1980 Code, § 90.04) (Res. 99-61, adopted 2-18-1999; Res. 06-122, adopted 3-16-2006; Ord. 24-19, passed 1-18-2024) Penalty, see § 90.99
Statutory reference:
Dog or other animal bites; observation of animal, see 510 ILCS 5/13
(A) When the Administrator receives information that any person has been bitten by an animal the Administrator shall have the owner confine the biting animal under observation of a licensed veterinarian for a period of ten days beginning within 24 hours of the biting incident. All dogs and cats under observation, owned by a resident of Will County, shall be implanted with a microchip approved by the Administrator at the time of the first examination unless the animal is to be euthanized. The microchip number shall be reported to Will County Animal Protection Services within 24 hours of the first exam. The biting animal may be confined in the house of its owner in a manner which will prohibit it from biting any person or animal if the Administrator or other licensed veterinarian adjudges such confinement satisfactory.
(1) When the biting animal is currently inoculated with rabies vaccine the animal's health shall be reported by the veterinarian to the Will County Animal Protection Services on the first and tenth days of the observation period for rabies.
(2) When the biting animal is not currently inoculated with rabies vaccine the animal's health shall be reported by the veterinarian to the Will County Animal Protection Services on the first, fifth and tenth days of the observation period for rabies.
(3) When the biting animal is not currently inoculated with rabies vaccine and the owner refuses to have the animal examined by a veterinarian, Will County Animal Protection Services shall impound the animal for a period of ten days. If the animal is not reclaimed by the owner within five days of the end of the observation period, the Administrator will make a determination of placement for the animal.
(B) Confirmation of the health of the biting animal shall be sent by the veterinarian to the Will County Animal Protection Services within 24 hours of the first and final examinations. Official forms shall be provided by the Department.
(C) When an animal confined for biting shows signs of rabies or acts in a manner which would lead a person to believe that an animal may have rabies, the owner or veterinarian shall notify the Administrator immediately by telephone or in person of these signs. The Administrator shall immediately notify the physician attending the bitten person or responsible health agency as soon as he or she receives notice of such signs.
(D) If the animal confined is determined not to be infected with rabies at the end of the period of confinement it shall be released from quarantine. The animal owner shall show proof of rabies inoculation for cats and dogs and shall pay any fee, charge or penalty including any fee for veterinary services attributed to the bite.
(E) It shall be unlawful for the owner of a biting animal to conceal the whereabouts, euthanize, sell, give away or otherwise dispose of or have inoculated against rabies the animal known to have bitten a person until it has been released from confinement for observation for rabies by the Administrator. It shall be unlawful for the owner of such animal to refuse or fail to comply with the written or printed instructions made by the Administrator. If such instructions cannot be delivered in person they shall be mailed to the owner of such animal by regular mail, postage prepaid. The affidavit or testimony of the Administrator delivering or mailing such instructions is prima facie evidence that the owner of such animal was notified of his or her responsibilities.
(Ord. 24-19, passed 1-18-2024) Penalty, see § 90.99
Statutory reference:
Dog or other animal bites; observation of animal, see 510 ILCS 5/13
(A) Dangerous dogs.
(1) For the purposes of this section, DANGEROUS DOGS is as defined in § 90.01.
(2) The applicable sections of the Illinois Animal Control Act, including, but not limited to, 510 ILCS 5/15.1, 15.2 and 15.3 are hereby incorporated as currently written and as amended in the future as if set forth fully herein relative to the regulations of dangerous dogs within the County of Will.
(3) The owner of a dog found to be a dangerous dog by the Administrator may appeal that decision pursuant to the provisions of 510 ILCS 5/15.3.
(B) Vicious dogs.
(1) For purposes of this section, VICIOUS DOG is defined in § 90.01.
(2) The applicable sections of the Illinois Animal Control Act, including, but not limited to, 510 ILCS 5/15 and 26 are hereby incorporated as currently written and as amended in the future if set forth fully herein relative to the regulations of vicious dogs within the County of Will.
(C) Potentially dangerous dog. A dog found running at large and unsupervised with three or more other dogs may be deemed a potentially dangerous dog by the animal control officer or Administrator. Potentially dangerous dogs shall be spayed or neutered and microchipped within 14 days of reclaim. The designation of "potentially dangerous dog" shall expire 12 months after the most recent violation of this section. Failure to comply with this section will result in impoundment of the dog or a fine.
(D) Reckless dog owner.
(1) The Administrator, State's Attorney, Director, or any citizen may file a complaint in circuit court to determine whether a person is a reckless dog owner. If an owner is determined to be a reckless dog owner by clear and convincing evidence, the court shall order the immediate impoundment and forfeiture of all dogs the reckless dog owner has a property right in. Forfeiture may be to any licensed shelter, rescue, or sanctuary. The court shall further prohibit the property right ownership of a dog by the person determined to be a reckless dog owner for a period of at least 12 months, but not more than 36 months for the first reckless dog owner determination.
(1-5) A dog's history during ownership by a person found to be a reckless dog owner shall not be considered conclusive of the dog's temperament and qualification for adoption or transfer. The dog's temperament shall be independently evaluated by a person qualified to conduct behavioral assessments and, if the dog is deemed adoptable, the receiving facility shall make a reasonable attempt to place the dog in another home, transfer the dog to rescue, or place the dog in a sanctuary.
(2) A person who refuses to forfeit a dog under this section is in violation which carries a public safety fine of $500 for each dog. The fine shall be deposited into the Pet Population Control Fund. Each day a person fails to comply with a forfeiture or prohibition ordered under this section shall constitute a separate offense.
(1980 Code, § 90.06) (Res. 99-61, adopted 2-18-1999; Res. 06-122, adopted 3-16-2006; Ord. 24-19, passed 1-18-2024) Penalty, see § 90.99
Statutory reference:
Vicious dog, see 510 ILCS 5/15
Potentially dangerous dog, see 510 ILCS 5/15.4
If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person or animal who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of a dog or other animal is liable for damages, to the person, for the full amount of the injury sustained.
(1980 Code, § 90.07) (Res. 99-61, adopted 2-18-1999; Res. 06-122, adopted 3-16-2006; Ord. 24-19, passed 1-18-2024) Penalty, see § 90.99
Statutory reference:
Animal attacks or injuries, see 510 ILCS 5/16
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