Chapter 14
ANIMALS*
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Cross references: Businesses, ch. 22; environment, ch. 38; dead animals as nuisance, § 38-50; health and sanitation, ch. 42; taxation, ch. 78; traffic and vehicles, ch. 82; zoning, app. A.
State law references: Animals running at large, dog tax, 65 ILCS 5/11-20-9; impounding and disposition of stray animals, 410 ILCS 40/1 et seq.; Animal Control Act, 510 ILCS 5/1 et seq.; municipal regulation of dogs and other animals, 510 ILCS 5/24.
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Article I. In General
Sec. 14-1. Keeping of hogs, cows, sheep or goats.
Sec. 14-2. Hog and cattle stables and pens.
Sec. 14-3. Driving animals upon sidewalk.
Sec. 14-4. Slaughterhouses prohibited.
Secs. 14-5– 14-25. Reserved.
Article II. Dogs and Cats
Division 1. Generally
Sec. 14-26. Number limited.
Sec. 14-27. Keeping of barking dogs and crying cats prohibited.
Sec. 14-28. Dogs running at large.
Sec. 14-29. Cleaning up after pets.
Sec. 14-30. Collars for cats.
Secs. 14-31– 14-40. Reserved.
Division 2. Vicious and Dangerous Dogs
Sec. 14-41. Definitions.
Sec. 14-42. Control of vicious or dangerous dogs; complaints; violations, penalty.
Secs. 14-43– 14-65. Reserved.
Article III. Humane Care
Sec. 14-66. Definitions.
Sec. 14-67. Prohibited acts.
Sec. 14-68. Food and water.
Sec. 14-69. Shelter.
Sec. 14-70. Owner's additional duties.
Sec. 14-71. Area to be kept clean.
Sec. 14-72. Leashes.
Sec. 14-73. Injuring or killing birds.
Sec. 14-74. Enforcement.
Sec. 14-75. Exceptions to article.
ARTICLE I. Sec. 14-1. Keeping of hogs, cows, sheep or goats.
It shall be unlawful for any person to keep or cause to be kept any hog, cow, sheep or goat in the city within 300 feet of any residence dwelling or business house, unless such person shall file with the clerk a consent in writing signed by the owner of the residence dwelling or business house.
(Code 1976, § 4-1)
Sec. 14-2. Hog and cattle stables and pens.
It shall be unlawful for any person to keep, use or maintain within the city any pen, stable, lot, place or premises in which any hogs, cattle or fowl may be confined or kept, in such manner as to cause nauseous, foul or offensive odors or other conditions, or from any cause to be an annoyance to any community, family or person.
(Code 1976, § 9-53)
Sec. 14-3. Driving animals upon sidewalk.
It shall be unlawful for any person to lead, drive or ride any horse, mule or other animal upon or over any sidewalk in the city except at the entrance to some building or premises, or to suffer any such animal or vehicle thereto attached to be or remain upon any sidewalk or any crossing in the city, to the obstruction of travel thereon.
(Code 1976, § 4-4)
Sec. 14-4. Slaughterhouses prohibited.
It shall be unlawful to use or occupy as a slaughterhouse any house, pen, yard or other place within the corporate limits of the city for the purpose of slaughtering any cattle, sheep or hogs, or other animals for commercial purposes.
(Code 1976, § 9-58)
Cross references: Businesses, ch. 22; zoning, app. A.
Secs. 14-5– 14-25. Reserved.
ARTICLE II. DIVISION 1. Sec. 14-26. Number limited.
(a) It shall be unlawful for any person to keep more than three dogs, cats or a combination thereof per household within the city, with the exception that a litter of pups or a litter of kittens or a portion of a litter may be kept for a period of time not exceeding five months from birth.
(b) "Dog" means any canine, regardless of age or sex. "Cat" means any feline, regardless of age or sex.
(c) The provisions of this section shall not apply to any pet shop, nor to any veterinary hospital run by a licensed veterinarian.
(Code 1976, § 4-6; Ord. No. 08-25, § 1, 10-28-08)
Sec. 14-27. Keeping of barking dogs and crying cats prohibited.
(a) Harboring. It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps, or any cat which habitually cries or howls, to the great discomfort of the peace and quiet of the neighborhood, or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to be a public nuisance.
(b) Complaints of barking dogs or crying cats; citations.
(1) Whenever any person shall complain to the police department that a dog which habitually barks, howls or yelps or a cat which habitually cries or howls is being kept by any person in the city, the police department shall notify the owner of the dog or cat that a complaint has been received and that the person should take whatever steps necessary to alleviate the howling, yelping, crying or barking.
(2) If the warning given to the person alleged to be keeping a dog or cat as set forth in subsection (b)(1) of this section is ineffective, then a verified complaint of at least two citizens not from the same family may be presented to the police department, alleging that a dog which habitually barks, howls or yelps, or a cat which habitually cries or howls, is being kept by any person within the city. The police department shall inform the owner of that dog or cat that the petition has been received, and shall cite the owner of the dog or cat for the violation alleged in the petition.
(Code 1976, § 4-7)
Sec. 14-28. Dogs running at large.
(a) The term "dog" as used in this section means any canine three months or more of age.
(b) It shall be unlawful to permit any dog to run at large within the city. Any dog found upon any public street, sidewalk, alley, parkway, or any unenclosed place shall be deemed running at large unless such dog is firmly held on a leash or is in an enclosed vehicle.
(c) Any dog found running at large in the city shall be impounded by the police department. Such dog may be redeemed by its owner within seven days after its apprehension by the police department by payment of the release fee, plus $5.00 for each day or part thereof that such dog was in the custody of the police department. Such fee shall be paid to the city collector.
(d) The release fee paid shall be $25.00 for the first time, $50.00 for the second time and $75.00 for the third time and thereafter, if the owner has paid a release fee for the release of a dog within the last twelve-month period.
(e) If any dog impounded under the provisions of this section is not redeemed by its owner within seven days, the police department shall destroy it.
(Code 1976, § 4-2; Ord. No. 95-2, § 1, 1-10-95; Ord. No. 98-23, § 1, 8-24-98)
Sec. 14-29. Cleaning up after pets.
Any person owning, keeping, possessing or harboring any dog or cat shall promptly remove and dispose of all feces left by the dog or cat on any public property and on any private property not owned by such person or lawfully occupied by such person.
(Ord. No. 95-14, § 1, 9-25-95)
Sec. 14-30. Collars for cats.
(a) It is the affirmative responsibility of every owner, possessor or keeper of a cat to insure that when the cat enters onto public property or the property of any other person that the cat shall be wearing a collar with an identification tag. The identification tag shall have sufficient information so that a finder of the cat can contact the owner, possessor or keeper. Failure to comply with this paragraph shall constitute an offense.
(b) A cat found on public property or property of any other person other than the owner, possessor or keeper shall be prima facie evidence that the cat is a stray, wild or feral cat.
(Ord. No. 05-30, § 1, 10-24-05)
Secs. 14-31– 14-40. Reserved.
DIVISION 2. ------------
State law references: Vicious and dangerous dogs, 510 ILCS 5/15.
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Sec. 14-41. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Administrator means the administrator as defined in 510 ILCS 5/2.01.
Animal control warden means an animal control warden as defined in 510 ILCS 5/2.03.
Dangerous dog means any individual dog which when either unmuzzled, unleashed or unattended by its owner, or a member of its owner's family, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack, either on public or private property.
Director means the director as defined in 510 ILCS 5/2.08.
Enclosure means 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 which may be taken by the owner or keeper, such as tethering of a 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.
Found to be vicious dog means that:
(1) The administrator, an animal control warden or a law enforcement officer has conducted an investigation and made a finding in writing that the dog is a vicious dog as defined in this section and, based on that finding, the administrator, an animal control warden or the director has declared in writing that the dog is a vicious dog; or
(2) The circuit court has found the dog to be a vicious dog as defined in this section and has entered an order based on that finding.
Impounded means taken into the custody of the public pound in the city or the pound of a licensed veterinarian.
Vicious dog means:
(1) Any individual dog that when unprovoked inflicts bites or attacks a human being or other animal, either on public or private property.
(2) Any individual dog 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.
(3) Any individual dog that has as 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.
(4) Any individual dog which attacks a human being or domestic animal without provocation.
(5) Any individual dog which has been found to be a dangerous dog upon three separate occasions.
(Ord. No. 91-36, § 1(4-3), 11-25-91; Ord. No. 06-28, § 1, 7-10-06)
Cross references: Definitions generally, § 1-2.
Sec. 14-42. Control of vicious or dangerous dogs; complaints; violations, penalty.
(a) No dog shall be deemed vicious if it bites, attacks, or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it or is a professionally trained dog for law enforcement or guard duties. Vicious dogs shall not be classified in a manner that is specific as to breed. If a dog is found to be a vicious dog, the dog shall be subject to enclosure.
(b) It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog unless such dog is at all times kept in an enclosure. The only time that a vicious dog may be allowed out of the enclosure is if it is necessary for the owner or keeper to obtain veterinary care for the dog, or to comply with the order of a court of competent jurisdiction, provided that the dog is securely muzzled and restrained with a chain having a tensile strength of 300 pounds and not exceeding three feet in length, and shall be under the direct control and supervision of the owner or keeper of the dog.
(c) Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded by the administrator, an animal control warden or the police department and shall be turned over to a licensed veterinarian for destruction by lethal injection.
(d) If the owner of the dog impounded under this section has not appealed the impoundment order to the circuit court in the county in which the animal was impounded within seven working days, the dog may be humanely dispatched. A dog found to be a vicious dog shall not be released to the owner until the administrator, an animal control warden or the director approves the enclosure as defined in this section.
(e) No owner or keeper of a vicious dog shall sell or give away the dog.
(f) It is unlawful for any person to maintain a public nuisance by permitting any dangerous dog or other animal to leave the premises of its owner when not under control by leash or other recognized control method.
(g) Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, and sentry, guard, or police-owned dogs are exempt from this section; provided, that an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this section, each such dog shall be currently inoculated against rabies in accordance with 510 ILCS 5/8. It shall be the duty of the owner of such exempted dog to notify the administrator of any change of address. In the case of a sentry or guard dog, the owner shall keep the administrator advised of the location where such dog will be stationed. The administrator shall provide police and fire departments with a categorized list of such exempted dogs, and shall promptly notify such departments of any address changes reported to him.
(h) The administrator, the city attorney, or any citizen of the city may file a complaint in the name of the people of the city to enjoin all persons from maintaining or permitting a dangerous or vicious dog, to abate the same, and to enjoin the owner of such dog or other animal from permitting such animal to leave his premises when not under control by leash or other recognized control methods. Upon the filing of a complaint in the circuit court, the court, if satisfied that a nuisance may exist, shall grant a preliminary injunction with bond in such amount as the court may determine enjoining the defendant from maintaining such nuisance. If the existence of the nuisance is established, the owner of such dog or other animal shall be in violation of this section, and, in addition, the court shall enter an order restraining the owner from maintaining such nuisance and may order that such dog or other animal be humanely dispatched.
(i) Violations; penalties.
(1) Any person violating or aiding in or abetting the violation of any provision of this section or resisting, obstructing or impeding the administrator or any authorized officer in enforcing this section, is guilty of a petty offense for a first or second offense and shall be fined according to the provisions of section 1-5 of this Code, and for a third and subsequent offense is guilty of a class C misdemeanor. Each day a person fails to comply constitutes a separate offense. The city attorney upon the report of any violation from the police department shall cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner provided by law.
(2) If the owner of a dog subject to enclosure:
a. Fails to maintain or keep the dog in an enclosure;
b. The dog inflicts great bodily harm, permanent disfigurement or permanent physical disability 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 and where such person may lawfully be;
such owner shall be fined not less than $100.00 nor more than the maximum provided in subsection 1-5(a) of this Code for each such violation (each day a person fails to comply shall constitute a separate violation) and shall be subject to a sentence of imprisonment for not more than 30 days.
(Code 1976, § 4-3; Ord. No. 91-36, § 1(4-3), 11-25-91; Ord. No. 97-24, § 1, 10-27-97)
Secs. 14-43– 14-65. Reserved.
ARTICLE III. Sec. 14-66. Definitions.
The definitions for all words and phrases as contained in this article shall, unless the context indicates otherwise, be the same definitions as contained in the Humane Care for Animals Act (510 ILCS 70/1 et seq.).
(Ord. No. 91-7, § 1(4-8(a)), 3-25-91)
Cross references: Definitions generally, § 1-2.
Sec. 14-67. Prohibited acts.
(a) No person or owner may beat, frighten, cruelly treat, strike, torment, underfeed, overwork, overburden or otherwise abuse any animal, or by any act, omission or neglect, cause or inflict any unnecessary or unjustifiable pain, suffering, injury or death to any animal, or use any device or chemical substance, except in connection with efforts to control species determined by the board of health to be a public health hazard or nuisance, if pain, suffering or death may be caused. Reasonable force, however, may be used to drive off any vicious or trespassing animals.
(b) No person shall carry or transport in any vehicle or over any street, alley, sidewalk or public ground in the city any animal, in any manner, bound or restrained so as to inflict pain and suffering thereto, nor shall such animals be abandoned for any reason within the city.
(c) No person may abandon any animal where it may become a public charge or suffer injury, hunger or exposure.
(Ord. No. 91-7, § 1(4-8(b)), 3-25-91)
Sec. 14-68. Food and water.
No owner may neglect, refuse or fail to provide each animal with a sufficient quantity of good quality, wholesome food at least once daily and to provide a constant supply of clean water to sustain the animal in good health.
(Ord. No. 91-7, § 1(4-8(c)), 3-25-91)
Sec. 14-69. Shelter.
(a) No person shall fail to provide any animal in his charge with adequate shelter and protection from inclement weather to ensure the protection and comfort of the animal, or to cruelly or unnecessarily expose any such animal in hot, stormy, cold or inclement weather.
(b) When sunlight is likely to cause overheating or discomfort to any animal, shade shall be provided by natural or artificial means to allow protection from the direct rays of the sun, but still allow air to pass to keep the animal cool.
(c) Dogs and cats kept outdoors for more than one hour at a time shall be provided with moistureproof and windproof shelter of a suitable size to accommodate the animal and allow retention of body heat, made of durable material with a solid floor raised at least two inches from the ground and with the entrance covered by a flexible, windproof material, so as to keep the animal clean, dry and comfortable. Whenever the outdoor temperature is below 40 degrees Fahrenheit, clean, dry bedding material shall be provided in such shelters for insulation and to retain the body heat of the animal and to protect against cold and dampness. Automobiles or garages shall not be used as animal shelters, except that during winter months a doghouse may be placed inside a garage for shelter.
(Ord. No. 91-7, § 1(4-8(d)), 3-25-91)
Sec. 14-70. Owner's additional duties.
In addition to the other provisions provided by this article, each owner shall provide for each animal:
(1) Adequate veterinary care when needed to prevent suffering; and
(2) Humane care and treatment.
(Ord. No. 91-7, § 1(4-8(e)), 3-25-91)
Sec. 14-71. Area to be kept clean.
Any area where an animal is housed or allowed to remain shall be kept clean of animal waste and other substances in order to keep the animal healthy and comfortable.
(Ord. No. 91-7, § 1(4-8(f)), 3-25-91)
Sec. 14-72. Leashes.
Chains, ropes or leashes shall be placed or attached so that they shall not 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 leash shall be located so as not to allow an 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. Such leash shall be located so as not to allow the animal to jump over an obstacle where the leash can be entangled and the animal chokes.
(Ord. No. 91-7, § 1(4-8(g)), 3-25-91)
Sec. 14-73. Injuring or killing birds.
It shall be unlawful for any person to injure or kill any kind of bird in the city, except that starlings, English sparrows, and homeless pigeons, which are hereby declared a public nuisance, may be trapped or destroyed under the supervision of the board of health.
IN GENERAL
DOGS AND CATS
GENERALLY
VICIOUS AND DANGEROUS DOGS*
HUMANE CARE