Elgin, IL Ord. G9-10

Ordinance No. G9-10

AN ORDINANCE AMENDING TITLE 7 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ANIMALS"

WHEREAS, Title 7 of the Elgin Municipal Code, 1976, as amended, entitled "Animals" regulates the care and keeping of animals within the City of Elgin; and

WHEREAS, the city has conducted an extensive review of regulations throughout the United States in order to develop amendments to Title 7 of the Elgin Municipal Code to improve the city’s regulations with respect to the care and keeping of animals in the city; and

WHEREAS, it is the intent and purpose of this ordinance to provide for the security of persons against annoyance, intimidation or injury by animals; to prevent nuisances by animals through responsible ownership; and to protect animals from injury, abuse and neglect; and

WHEREAS, the City of Elgin is a home rule unit and pursuant to Article VII Section 6 of the Illinois Constitution and may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; and

WHEREAS, regulations regarding the care and keeping of animals in the City of Elgin are within the City of Elgin’s home rule power to enact police ordinances to regulate for the protection of the public health, safety and welfare is a subject within the city’s home rule authority pertaining to the city’s government and affairs.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:

Section 1. That the foregoing recitals are incorporated into, and made part of this ordinance, as findings of the City Council.

Section 2. That Chapter 7.04 of the Elgin Municipal Code, 1976, as amended, entitled "Dogs and Cats" be and is hereby replaced and amended in its entirety to read as follows:

"DOGS, CATS, AND OTHER ANIMALS

7.04.010 Rules and Definitions

7.04.020 Unlawful Treatment of Animals

7.04.030 Procedures Non-exclusive

7.04.040 Duty to Register and License

7.04.050 Registration and License

7.04.060 License Fee

7.04.070 Inoculation Against Rabies MARCH 10, 2010 VOLUME LXXV 76

7.04.080 Collar and Tag

7.04.090 Unauthorized Removal of Tags

7.04.100 Prohibited Conduct

7.04.110 Dangerous Dogs

7.04.120 Vicious Dogs

7.04.130 Quarantine of Biting Animals

7.04.140 Female Dogs in Heat

7.04.150 Rabid Dogs

7.04.160 Redemption of Impounded Dogs or Cats

7.04.170 Disposition of Unclaimed Dogs or Cats

7.04.180 Animal Fighting Prohibited

7.04.190 Tethering

7.04.200 Problem Pet Owners

7.04.210 Hindering Enforcement

7.04.220 Animals Prohibited in Certain Places

7.04.230 Enforcement of Provisions

7.04.240 Keeping Animals

7.04.250 Damage to Property

7.04.260 Penalty

7.04.270 Severability

7.04.010: RULES AND DEFINITIONS:

A. The language set forth in the text of this Chapter shall be interpreted in accordance with the following rules of construction:

1. The singular of any word includes the plural thereof and the plural of any word includes the singular thereof.

2. The word "shall" is mandatory; the word "may" is permissive.

3. The masculine gender includes the feminine and neuter.

B. Wherever the following words or phrases are used, they shall, for purposes of this Chapter, have the meaning ascribed to them in this Section 7.04.010, except when the context otherwise indicates.

"Abandon" means to leave an animal without demonstrated or apparent intent to recover or resume custody of the animal, to leave an animal for more than 12 hours without providing adequate food, water, and shelter for the duration of the absence, or to turn out or release an animal for the purpose of causing it to be impounded, provided, however, that this definition shall not apply to Feral Cats.

"Altered" means an animal that has been permanently spayed or neutered.

"Animal" means any nonhuman mammal, bird, reptile, or amphibian. VOLUME LXXV MARCH 10, 2010 77

"Animal Shelter" means any public or private organization, including the organization’s officers, agents and representatives when acting in the name or on behalf of the organization, that controls, rescues, shelters, or cares for, animals as all or part of the purpose of the organization.

"Animal Control Officer" means the Chief of Police or such other persons as may be designated by the Chief of Police or the City Manager that is charged with the enforcement of this Chapter.

"Bite" means any cutting, wounding, or tearing with the teeth, including any abrasion of the skin.

"Cat" means any animal that is classified as Felis catus.

"Dangerous Dog" means a dog designated as a Dangerous Dog pursuant to Section 7.04.110A.

"Dog" means any animal that is classified as Canis lupus familiaris.

"Domestic Animal" means a dog, cat, or other animal, the keeping of which is not otherwise prohibited under the terms of this Chapter that has been raised or maintained in confinement or otherwise domesticated so as to live in a tame condition.

"Enclosure" means a structure erected in conformance with Title 16 of this Code, that:

1. is designed to confine and prevent the escape of a Dangerous Dog or Vicious Dog and prevent the entry of children or other animals;

2. locks securely, and includes a secure top, sides, and bottom;

3. has sides that embed into the ground at a depth of at least one foot and attach to the bottom of the Enclosure so that the animal confined within cannot escape by digging under the sides of the Enclosure;

4. is adequately lighted, kept in a clean and sanitary condition; and

5. is labeled with a predominantly displayed warning sign at each entrance that indicates that a dangerous or vicious animal is confined within.

"Feral Cat" means a cat that (i) is born in the wild or is the offspring of a Domestic Animal or a feral cat and is not socialized, (ii) is a Domestic Animal that has been Abandoned and is no longer socialized, or (iii) lives on a farm.

"Feral Cat Caretaker" means a person participating in a program to trap, spay/neuter, return or release Feral Cats in order to help control cat overpopulation.

"Hearing Officer" mean the individual(s) appointed as Hearing Officer in the City’s Administrative Hearing System pursuant to Chapter 1.25 of the City Code. MARCH 10, 2010 VOLUME LXXV 78

"Humanely Destroyed" means the humane destruction of an animal pursuant to the Humane Euthanasia and Animal Shelters Act at 510 ILCS 72/1 et seq., as amended.

"Impounded" means taken into custody by the Animal Control Officer, police officers and such other persons a may be designated by the Chief of Police or the City Manager as being authorized and directed to enforce the provisions of this chapter.

"Leash" means a cord, rope, strap, or chain that is securely fastened to the collar or harness of a dog and is sufficient to physically restrain and control the dog.

"Microchip" means an identifying device consisting of a microchip or similar device that is humanely and permanently installed in or injected under the skin of an animal by a licensed veterinarian and is designed so that it provides, when scanned by an electronic reader, readable information as determined by the Chief of Police to allow, at a minimum, for the identification of the animal and the name, address and telephone number of the Owner.

"Muzzle" means a leather, wire or nylon restraint that fits over a dog’s nose and jaws and prevents it from biting and which also includes straps extending and connecting over and around the dog’s head and its neck to prevent the dog from dislodging the Muzzle with its paws or otherwise.

"Non-Retractable Leash" means a Leash that cannot be increased in length via any mechanical device or any other means.

"Owner" means any person owning, keeping, harboring, possessing, maintaining or having the care or custody of an animal, except for a Feral Cat Caretaker temporarily harboring Feral Cats.

"Person" means any person, firm, partnership, trustee, association, or corporation.

"Police Dog" means any dog owned and used by the Elgin Police Department or by the Police Department of a governmental entity in the course of its work.

"Run Line" means a securely anchored system of tying and keeping an animal in place with either a rope or chain sufficient to physically restrain and control the animal.

"Running at Large" means that a dog is off the premises of its Owner and not under the control of the Owner (or a person acting for the Owner) by means of a Leash that is capable of physically restraining the movement of such dog.

"Secure Fencing" means fencing that is at least six (6) feet in height, locked securely, has secure sides that prevent a dog from extending any portion of its body through any part of the fence and is anchored to the ground so that a dog cannot escape by digging under the fence.

"Secure Temporary Enclosure" means a secure enclosure used for the purposes of transporting a Dangerous Dog or Vicious Dog and which includes and top and bottom permanently attached to the sides except for a "door" for removal of the dog. Such enclosure must be of such material,  and such door closed and secured in such a manner, that the Dangerous Dog or Vicious Dog cannot exit the enclosure on its own.

"Service Dog" means any guide dog, signal dog, or other dog trained to do work or perform tasks for the benefit of an individual with a disability, including, without limitation, guiding individuals with impaired vision, alerting individuals with impaired hearing to sounds, and pulling a wheelchair or fetching dropped items for individuals with mobility impairments.

"Severe Physical Injury" means any physical injury that results in any of the following injuries: (a) broken bones; (b) muscle, ligament, or tendon tears; (c) skin lacerations, puncture wounds, or other injuries that require sutures or surgery, or (d) the transmission of an infectious or contagious disease.

"Vicious Dog" means a dog designated as a Vicious Dog pursuant to Section 7.04.120A.

7.04.020: UNLAWFUL TREATMENT OF ANIMALS:

A. It shall be unlawful for any person to commit any act of cruelty to any animal, or to knowingly cause or allow to be caused any act or cruelty to any animal, including without limitations:

1. to willfully or maliciously shoot, poison, ill, injure, abuse, overwork, torment, or ill-treat any animal;

2. to fail, refuse or neglect to provide any animal in his or her charge or custody as Owner or otherwise with proper food, drink, shade, care, or shelter;

3. to Abandon any animal within the city limits;

4. to confine an animal in a motor vehicle in such a manner that places it in a life- or health-threatening situation by exposure to a prolonged period of extreme heat or cold;

5. to transport any living animal in the trunk of a vehicle;

6. to transport any living animal in the open bed of a truck unless the animal is restrained in a kennel or on a Leash that will prevent the animal from jumping or falling off the vehicle;

7. to cause, instigate, stage, or train any animal to fight or permit any fight between any animal and another animal or human;

8. to crop animal ears or dock animal tails, unless performed by a licensed veterinarian;

9. to give away any live Domestic Animal as a price for, or as an inducement to enter a place of amusement, or as an inducement to purchase any product or enter into any business relationship or agreement; or

10. to tether an animal, except in compliance with Section 7.04.190 of this Chapter.

B. Any person who kills or injures a Domestic Animal while driving a vehicle shall stop at the scene of the accident, and render such assistance as practicable, and immediately report the incident to the Police Department.

C. Any animal control officer, police officer, or licensed veterinarian may take into custody any animal, upon either private or public property, that such officer reasonably determines has been the victim of cruelty, provided that entry upon private property shall only be accomplished with the assistance of a police officer and pursuant to a warrant. The officer or veterinarian may inspect, care for, or treat such animal or place the animal in the care of a licensed humane society or licensed veterinarian for treatment, boarding or other care or if a licensed veterinarian determines that the animal appears to be diseased or disabled beyond recovery for any useful purpose, for humane destruction.

D. The Owner of an animal destroyed pursuant to this Section 7.04.020 will not be entitled to recover damages for the destruction of the animal unless the Owner proves that the destruction was unreasonable and unwarranted.

E. Expenses incurred for the care, treatment or boarding of any animal taken into custody pursuant to this Section 7.04.020 pending prosecution of the Owner of the animal shall be assessed to the Owner as a cost of the case if the Owner is adjudicated liable.

F. If a person is adjudicated liable for a violation of this Section and the Hearing Officer or the court determines that such animal would be subject to any cruelty in the future, such animal will not be returned to or remain in the custody of such person, and the Hearing Officer or the court shall order the animal turned over to an animal shelter or licensed veterinarian for adoption.

7.04.030: PROCEDURES NON-EXCLUSIVE:

The provisions of this Chapter shall not preclude the City from concurrently or separately using other methods or proceedings to (a) enforce and adjudicate this Chapter or other ordinances of the City, or (b) enforce and adjudicate any County, State or Federal laws or regulations pertaining to the regulation of animals and their Owners, including, without limitation, the institution of an action in the Circuit Court of Kane or Cook County, the United States District Court, or an administrative proceeding before the County Board of Health or any other administrative body.

7.04.040: DUTY TO REGISTER AND LICENSE DANGEROUS DOGS AND VICIOUS

DOGS:

Every dog which has previously been designated as a Dangerous Dog or a Vicious Dog must be registered with, and licensed by, the city pursuant to this Chapter. Any Dangerous Dog or Vicious Dog designated as such or purchased or otherwise acquired after the effective date of this ordinance must be registered with, and licensed by, the city pursuant to this Chapter not later than thirty (30) days after the dog is so designated or acquired. It shall be unlawful for any Owner or person to keep, harbor, possess, maintain or have the care or custody of any Dangerous Dog or Vicious Dog in the city without having registered and licensed such a Dangerous Dog or Vicious Dog pursuant to this Chapter.

7.04.050: REGISTRATION AND LICENSE FOR DANGEROUS DOGS AND VICIOUS DOGS:

A. The application for registration and license for all Dangerous Dogs and Vicious Dogs shall be made to the City Finance Director, which application shall include, without limitation, the following information:

1. the name, address, and telephone number of the applicant and of the Owner, if different from the applicant, and the address where the dog is to be kept;

2. the breed, color, sex, name, and date of rabies inoculation of the dog to be registered;

3. written evidence establishing that the dog has been Altered;

4. written evidence establishing that the dog has been implanted with a Microchip with current information concerning the accurate name, address and telephone number of the Owner.

5. a copy of the insurance policy or surety bond to establish that the Owner possesses and will continue to maintain the insurance coverage required for Dangerous Dogs and Vicious Dogs pursuant to Section 7.04.110B5 or 7.04.120B5.

6. a certificate from the Owner to be filed with the City Finance Director affirming that the Dangerous or Vicious Dog is or will be confined in compliance with Section 7.04.110B1 or 7.04.120B1 of this Chapter as applicable, and is in compliance with any and all other conditions that may have been imposed with respect to the Dangerous Dog or Vicious Dog by the Hearing Officer or the court.

7. a written affidavit by the applicant, and by the Owner, if different from the applicant, stating that the applicant and the Owner (a) have read the educational materials provided by the City concerning dog ownership, including without limitation a summary of the provisions of this Chapter, and (b) will comply with all provisions of this Chapter.

B. It shall be the obligation of the applicant or the Owner, if different from the applicant, to notify the City Finance Director of any change to the information required pursuant to this Subsection at least 48 hours before the change occurs.

C. The City Finance Director shall promptly review the application for registration and license upon receipt of a completed application and upon payment of the license fee by the applicant. The City Finance Director shall grant or deny the license application within thirty (30) days from the date the completed application and license fee was filed with the City Finance Director.

D. The City Finance Director shall register the dog in the dog register book and issue a license certificate and metal license tag to the applicant or the Owner, if different from the applicant, upon the occurrence of all of the following:

1. payment of the license fee required by this Chapter;

2. presentation of a certificate of licensed veterinarian that the dog to be registered and licensed has been inoculated against rabies in accordance with the provisions of this Chapter;

3. submission of a complete application pursuant to Section 7.04.050A of this Chapter;

E. Any applicant who is denied a license for a Dangerous Dog or Vicious Dog may file a written appeal to the City Manager within ten (10) days after receipt of the written copy of the denial by certified mail. If the City Finance Director fails to grant or deny the license application within thirty (30) days from the date of the completed application and license fee was filed, an applicant may file a written appeal to the City Manager within forty (40) days from the date the completed license application and license fee was filed with the City Finance Director. The City Manager, or the City Manager’s designee, shall grant or deny the appeal within twenty (20) days from the date the appeal was received by the City Manager. The City Manager’s decision to grant or deny an appeal shall be made in accordance with the criteria set forth in Section 7.04.050E. If the City Manager or the City Manager’s designee fails to grant or deny an appeal within twenty (20) days from the date the appeal was received, the appeal shall be deemed denied.

F. The shape and color of the tag shall be changed every year and each tag shall have stamped thereon the year which it will expire and a number corresponding with the number of the license certificate. The City shall issue tags of a different shape and color for licenses for Dangerous Dogs and Vicious Dogs. The replacement fee for lost or destroyed license tags shall be in the amount of $25.

G. Licenses issued pursuant to this Section 7.04.050 shall not be transferable. 

H. No license shall be issued pursuant to this Section 7.04.050 to any applicant or Owner who has been declared to be a problem pet Owner pursuant to Section 7.04.190B of this Code.

I. Licenses issued pursuant to this Section 7.04.050 shall be valid for a three (3) year term commencing from the date of issuance. The Owner shall file with the City Finance Director within thirty (30) days prior to both the first anniversary and the second anniversary of the issuance of the license a certificate of a licensed veterinarian that the dog continues to have been inoculated against rabies in accordance with the provisions of this Chapter (in the case where the initial license application did not establish a three (3) year rabies inoculation concurrent with the three (3) year term of the license) and a copy of the insurance policy or surety bond to establish that the Owner continues to possess and will continue to maintain the insurance coverage required for Dangerous Dogs and Vicious Dogs pursuant to Section 7.04.110B5 or 7.04.120B5, as applicable.

J. Any license issued under this Section 7.04.050 may be revoked by the Hearing Officer or the court after notice and hearing for fraud, misrepresentation or false statement contained in the application for a license, for violation of the provisions of this Chapter, or for violation of any other applicable requirements of law.

7.04.060: LICENSE FEE:

The license fee for a Dangerous Dog or a Vicious Dog shall be in the amount $50.

7.04.070: INOCULATION AGAINST RABIES:

A. Every dog that is more than six months of age must be currently inoculated against rabies by a licensed veterinarian. The type and brand of the antirabic vaccine used and the method of inoculation must be recognized and approved by the Department of Agriculture of the State of Illinois and the United States Department of Agriculture. The vaccine may be administered annually, or, if the dog is over twelve months of age at the time of inoculation, the interval between inoculations may be extended for three years.

B. Any dog that is found not to be currently inoculated against rabies after the dog has been found in violation of Section 7.04.070A of this Chapter by the Hearing Officer or the court, is declared hereby to be a public nuisance and may be apprehended and impounded by any police officer or the Animal Control Officer.

7.04.080: COLLAR AND TAG:

The Owner of each dog of more than six months of age and that is housed within the corporate limits of the city must provide such dog with a sturdy collar to which the rabies inoculation tag issued by the county shall be securely fastened. It shall be the Owner’s duty to make certain that the collar and tag are worn by the dog at all times when off of the Owner’s premises. The Owner of each Dangerous Dog or Vicious Dog that is housed within the corporate limits of the city must provide such dog with a sturdy collar to which the rabies inoculation tag issued by the County and to which the license tag issued by the city shall be securely fastened. It shall be the Owner’s duty to make certain that the collar and tags are worn by the Dangerous Dog or Vicious Dog at all times when off of the Owner’s premises.

7.04.090: UNAUTHORIZED REMOVAL OF TAGS:

It shall be unlawful for any person other than a police officer or the Animal Control Officer to remove a rabies inoculation tag or license tag from any dog without the permission of the Owner of the dog or the Owner’s agent.

7.04.100: PROHIBITED CONDUCT:

A. RUNNING AT LARGE.

1. It shall be unlawful for any Owner or any person in control of any dog to permit, or cause to be permitted, his or her dog to run at large in the city at any time, or to fail to use reasonable care in restraining any dog that he or she keeps, harbors or otherwise maintains, or that is under his or her control, from running at large.

2. Any dog found running at large is declared hereby to be a public nuisance and may be apprehended and impounded by any police officer or the Animal Control Officer.

3. A dog found by the Hearing Officer or the court to be in violation of Section 7.04.100A1 of this Chapter must be Microchipped at the Owner’s expense, if not already Microchipped, within 30 days after being reclaimed.

4. A dog found by the Hearing Officer or the court to be in violation of Section 7.04.100A1 of this Chapter a second time must be Altered at the Owner’s expense, if not already Altered, within thirty (30) days after being reclaimed.

B. BITING AND ATTACKING.

1. It shall be unlawful for an Owner or any other person in control of any Domestic Animal to allow the Domestic Animal to bite or attack any other Domestic Animal or person in the city. If a person is bitten by a Domestic Animal, the incident shall be reported to the Police Department immediately. All reports of bites or attacks shall be investigated by the Police Department in accordance with this chapter.

2. Any Domestic Animal that bites or attacks any other Domestic Animal or person in the city after the Domestic Animal has been found in violation of Section 7.04.100B1 of this Chapter by the Hearing Officer or the court, is declared hereby to be a public nuisance and may be apprehended and impounded at any time by a police officer or the Animal Control Officer. The impoundment may, at the discretion of the Chief of Police, continue through any subsequent investigation by the Police Department and until any subsequent determination of the Hearing Officer or the court.

3. Notwithstanding the provisions of Section 7.04.100B1 of this Chapter, Service Dogs and Police Dogs shall not be declared public nuisances pursuant to Section 7.04.100B2 of this Chapter if the behavior that would provide the basis for a declaration of public nuisance occurred while the dog was performing its duties as expected.

C. DISTURBING PEACE OR QUIET.

1. It shall be unlawful for any person to own, keep, possess, or harbor any animal that, by habitual and continuous barking, howling, helping, bawling, or other loud noise, annoys, disturbs, injures or endangers the comfort, health, peace, repose and/or safety of reasonable persons of ordinary sensibilities within the corporation limits of the city.

2. Any dog that subsequently disturbs the peace or quiet after the dog has been found in violation of Section 7.04.100C1 of this chapter by the Hearing Officer or the court, is declared hereby to be a public nuisance and may be apprehended and impounded at any time by a police officer or the Animal Control Officer.

3. Upon finding a violation of Section 7.04.100C1 of this Chapter, the Hearing Office or court may, in addition to the payment of the penalties provided under Section 7.04.260 of this Chapter, order the person to take sufficient action to immediately abate the nuisance.

D. DANGEROUS BEHAVIOR. It shall be unlawful for an Owner to allow a dog to behave in a dangerous manner. For purposes of this Chapter, a dog behaves in a dangerous manner when the dog:

1. unprovoked, bites or injures a Person or a Domestic Animal on public or private property;

2. unprovoked, chases or approaches a Person or a Domestic Animal upon the streets, sidewalks, or any public or private property in a menacing fashion or apparent attitude of attack; or

3. otherwise behaves in a manner that a reasonable person would believe poses a serious, unjustified, and imminent threat of physical injury or death to a Person or a Domestic Animal.

However, a dog shall not be considered to behave in a dangerous manner when the behavior occurred because:

a. the threatened or injured person was committing or attempting to commit a violent crime against the Owner or custodian of the dog or member of its household;

b. the threatened or injured person was committing or attempting to commit a crime against the property of the Owner or custodian of the dog, including without limitation burglary, arson or criminal trespass;

c. the threatened or injured person was tormenting, abusing, assaulting or physically threatening the dog or its offspring;

d. the threatened or injured Domestic Animal was attacking or threatening to attack the dog or its offspring;

e. the dog was responding to inflicted pain or injury;

f. the dog was protecting itself or its offspring;

g. the dog is a Service Dog or a Police Dog and was performing its duties as expected; or

h. the threatened or injured Domestic Animal was Running at Large.

E. VICIOUS BEHAVIOR. It shall be unlawful for an Owner to allow a dog to behave in a vicious manner. For purposes of this Chapter, a dog behaves in a vicious manner when it, without provocation, attacks a person or Domestic Animal and causes severe physical injury or death. However, a dog shall not be considered to behave in a vicious manner if the behavior occurred because:

1. the attacked or injured person was committing or attempting to commit a violent crime against the Owner or custodian of the dog or member of its household;

2. the attacked or injured person was committing or attempting to commit a crime against the property of the Owner or custodian of the dog, including without limitation burglary, arson or criminal trespass;

3. the attacked or injured person was tormenting, abusing, assaulting, or physically threatening the dog or its offspring;

4. the attacked or injured Domestic Animal was attacking or threatening to attack the dog or its offspring;

5. the dog was responding to inflicted pain or injury;

6. the dog was protecting itself or its offspring; VOLUME LXXV MARCH 10, 2010 87

7. the dog is a Service Dog or a Police Dog and was performing its duties as expected, or

8. the attacked or injured Domestic Animal was Running at Large.

F. FAILURE TO REMOVE EXCREMENT

1. It shall be unlawful for any person to fail to have in his immediate possession some means for the removal of animal excrement when causing a dog or other animal to be on the public right-of-way, on any property under the ownership or control of the city, or on any private property without the express consent of the owner or lawful occupant of the property.

2. It shall be unlawful for any reason to fail to remove any excrement of a dog or other animal under that person’s control from the public right-of-way, from any property under the ownership or control of the city, or from any private property without the express consent of the owner or lawful occupant of the property.

7.04.110: DANGEROUS DOGS:

A. Designation of Dangerous Dogs. A dog shall be designated as a Dangerous Dog when the Hearing Officer or a court, at the request of the Police Department, has conducted an evidentiary hearing, heard and considered evidence pertaining to the temperament of the dog, and has entered an order determining that the dog has behaved in the manner described in Section 7.04.100D and designating the dog as a Dangerous Dog. The Hearing Officer or the court, upon designating a dog as a Dangerous Dog, shall enter a written order requiring that, in addition to the payment of the penalties provided under Section 7.04.260 of this Chapter, the Owner shall comply with the registration and license requirements in Section 7.04.050 of this Chapter and shall comply with each and all of the restrictions set forth in Section 7.04.110B of this Chapter.

B. Restrictions on Dangerous Dogs. It shall be unlawful to keep, harbor, possess, maintain or have the care or custody of a Dangerous Dog within the city except upon compliance with each and all of the following restrictions at the expense of the Owner:

1. Confinement. The Dangerous Dog must be confined as follows:

a. A Dangerous Dog on private premises must be kept indoors or outdoors either (a) within an Enclosure; (b) within a fully-fenced yard enclosed on all sides by Secure Fencing; (c) within a fully-fenced yard enclosed on all sides by fencing that is least three (3) feet in height and locks securely and the Dangerous Dog is securely muzzled with a Muzzle in a manner that will prevent it from biting any person or animal, but that will not injure the dog or interfere with its vision or respiration; (d) the Dangerous Dog is tethered in compliance with the requirements set forth in Section 7.04.190 of this Chapter and the Dangerous Dog while supervised by an adult at least 18 years of age and the dog is securely muzzled with a Muzzle in a manner that will prevent it from biting any person or animal, but that will not injure the dog or interfere with its vision or respiration; or (e) the Dangerous Dog is on a Leash while supervised by an adult at least 18 years of age and the dog is securely muzzled with a Muzzle in a manner that will prevent it from biting any person or animal, but that will not injure the dog or interfere with its vision or respiration.

b. A Dangerous Dog on public premises must be directly controlled and supervised by an adult at least 18 years of age. Such control and supervision shall require, at a minimum that the dog be:

i. restrained on a non-retractable Leash no longer than six feet; and

ii. securely muzzled with a Muzzle in a manner that will prevent it from biting any person or animal, but that will not injure the dog or interfere with its vision or respiration.

2. Evaluation and training. The Owner of a Dangerous Dog must cause to be completed, no later than 180 days after the designation of the dog as a Dangerous Dog, both: (a) an evaluation of the Dangerous Dog by a certified applied behaviorist, a board-certified veterinary behaviorist, or another recognized expert in the field of dog behavior, and (b) obedience training or other training or treatment of the Dangerous Dog as deemed appropriate by the behaviorist or expert.

3. Altering and Microchipping. A Dangerous Dog must be Altered and Microchipped at the Owner’s expense, if not already Altered and Microchipped, within 14 days after the designation of the dog as a Dangerous Dog.

4. Insurance Coverage. Within 14 days after the designation of a dog as a Dangerous Dog, the Owner of the Dangerous dog must obtain and maintain and provide the City with satisfactory evidence of liability insurance coverage in the amount of at least $100,000, which coverage includes without limitation coverage for animal bites. In lieu of liability insurance, the Owner of a Dangerous Dog may obtain a surety bond in the value of at least $100,000.

5. Notice of designation. No Owner shall sell, transfer, or otherwise place a Dangerous Dog in the permanent possession of any other person, including without limitation any animal shelter, without first notifying that person that the dog has been designated a Dangerous Dog pursuant to this Chapter and notifying the jurisdiction to which the dog will be transferred of the dog’s designation as a Dangerous Dog pursuant to this Chapter.

C. Failure to comply. It shall be unlawful for any person to keep, harbor, possess, maintain or have the care or custody of a Dangerous Dog within the corporate limits of the city unless the dog is kept and maintained in compliance with this Chapter and with the order entered by the Hearing Officer or the court. Upon finding that a Dangerous Dog has not been so kept or maintained, the Hearing Officer or court may, in addition to requiring the payment of the penalties provided in Section 7.04.260 of this Chapter, order that the license issued for the Dangerous Dog pursuant to Section 7.04.050 be revoked, that the Dangerous Dog be Altered and Microchipped at the Owner’s expense, if not already Altered and Microchipped, and be permanently removed from the corporate limits of the City within 14 days, with the Owner of the Dangerous Dog being responsible for all fees and costs incurred or charged by the city or the animal control facility utilized by the city in caring for the Dangerous Dog and the Altering and Microchipping prior to its removal from the corporate limits.

D. Unlawful return of Dangerous Dog to the City. It shall be unlawful for any person to keep, harbor, possess, maintain or have the care or custody of a Dangerous Dog within the corporate limits of the City after such a Dangerous Dog has been ordered permanently removed from the corporate limits of the City. Upon finding that a Dangerous Dog has been kept, maintained or returned to the corporate limits of the City after having been ordered permanently removed from the corporate limits of the City, the Hearing Officer or court may, in addition to requiring the payment of penalties provided in Section 7.04.260 of this Chapter order that the Dangerous Dog be humanely destroyed.

E. Public nuisance. Any Dangerous Dog that is not kept and maintained in accordance with the order entered by the Hearing Officer or the court is declared hereby to be a public nuisance and may be apprehended and impounded upon the order of the Animal Control Officer or Chief of Police. The impoundment may, at the discretion of the Chief of Police, continue through any subsequent investigation of the Police Department and any subsequent determination of the Hearing Officer or the court.

F. Dogs designated as dangerous in other jurisdictions. Any person desiring to bring a dog to live in the city that has been previously declared within another jurisdiction to have behaved in a dangerous manner or a similar manner, or has been designated within another jurisdiction as a dangerous dog or any similar designation, must notify the Police Department prior to moving the dog into the city of such declaration or designation. Upon moving the dog into the city, the dog will be considered as a Dangerous Dog pursuant to this Chapter, and the Owner shall comply with the registration and license requirements in Section 7.04.050 of this Chapter and shall comply at all times with each and every other requirement and restriction established in this Chapter pertaining to Dangerous Dogs, including without limitation the restrictions set forth in Section 7.04.110B of this Chapter.

7.04.120: VICIOUS DOGS:

A. Designation of Vicious Dogs. A dog shall be designated as a Vicious Dog when the Hearing Officer or the court, at the request of the Police Department, has conducted an evidentiary hearing, heard and considered evidence pertaining to the temperament of the dog, and has entered an order determining that the dog has behaved in the manner described in Section 7.04.100E and designating the dog as a Vicious Dog. A dog previously designated as a Dangerous Dog pursuant to Section 7.04.110A that is found by the Hearing Officer of the court to have behaved in a dangerous manner for a second time may be designated as a Vicious Dog by the Hearing Officer or the court without evidence that the dog has behaved in a vicious manner. The Hearing Officer or the court, upon designating a dog as a Vicious Dog, shall enter into a written order requiring that, in addition to the payment of the penalties provided under Section 7.04.260, that the Owner shall comply with the registration and license requirements in Section 7.04.050 of this Chapter and with each and all of the restrictions set forth in Section 7.04.120B of this Chapter.

B. Restrictions on Vicious Dogs. It shall be unlawful to harbor or keep a Vicious Dog within the city except upon compliance with each and all of the following restrictions at the expense of the Owner:

1. Confinement. The Vicious Dog must be confined as follows:

a. A Vicious Dog on private premises must be kept indoors or within an Enclosure at all times.

b. A Vicious Dog shall only be allowed outdoors and outside of an Enclosure if:

i. The dog is securely muzzled with a Muzzle in a manner that will prevent it from biting any person or animal, but that will not injure the dog or interfere with its vision or respiration and is restrained on a non-retractable Leash no longer than six (6) feet, or in the alternative, the Vicious Dog is transported in a Secure Temporary Enclosure;

ii. is under the direct control and supervision of the Owner or other adult at least 18 years of age at all times; and

iii. the release is:

a. necessary for veterinary care for the dog;

b. pursuant to a sale or other change of Ownership that results in the removal of the Vicious Dog from the corporate limits of the city;  

c. pursuant to the immediate transfer of the Vicious Dog to another Enclosure; or

d. necessary for compliance with an order of the Hearing Officer or the court.

2. Required signage. The Owner of any dog found to be a Vicious Dog must display in a prominent place on the premises where the Vicious Dog is confined, and at each entrance to any outdoor Enclosure where the dog is kept, clearly visible signage stating that a Vicious Dog is kept on the premises. Each such sign shall be a non-combustible material, weather resistant and 1′ x 1′ in size with text not less than 1" in height. The text of such sign shall read: "WARNING: VICIOUS DOG KEPT ON THE PREMISES".

3. Evaluation and training. The Owner of a Vicious Dog must cause to be completed, no later than 180 days after the designation of the dog as a Vicious Dog, both: (a) an evaluation of the Vicious Dog by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert in the field, and (b) obedience training or other training or treatment of the Vicious Dog as deemed appropriate by the behaviorist or expert.

4. Altering and Microchipping. A Vicious Dog must be Altered and Microchipped at the Owner’s expense, if not already Altered and Microchipped, within 14 days after the designation of the dog as a Vicious Dog.

5. Insurance Coverage. Within 14 days after the designation of a dog as a Vicious Dog, the Owner of the Vicious Dog must obtain and maintain, and provide the City with satisfactory evidence of, liability insurance coverage, in the amount of at least $500,000, which coverage includes without limitation coverage for animal bites. In lieu of liability insurance, the Owner of a Vicious Dog may obtain a surety bond in the value of at least $500,000.

6. Notice of designation. No Owner shall sell, transfer, or otherwise place a Vicious Dog in the permanent possession of any other person, including without limitation any animal shelter, without first notifying that person that the dog has been designated a Vicious Dog pursuant to this Chapter and notifying the jurisdiction to which the dog will be transferred of the dog’s designation as a Vicious Dog pursuant to this Chapter.

C. Failure to comply. It shall be unlawful for any person to keep, harbor, possess, maintain or have the care or custody of a Vicious Dog within the corporate limits of the city unless the dog is kept and maintained in compliance with this Chapter and with the order entered by the Hearing Officer or the court. Upon finding that a Vicious Dog has not been so kept or maintained, the Hearing Officer or court may, in addition to requiring the payment of the penalties provided in Section 7.04.260 of this Chapter, order that the license issued for the Vicious Dog pursuant to Section 7.04.050 be revoked and order:  

1. that the Vicious Dog be Altered and Microchipped at the Owner’s expense, if not already Altered and Microchipped and be permanently removed from the corporate limits of the city within 14 days, with the Owner of the Vicious Dog being responsible for all fees and costs incurred or charged by the city or the animal control facility utilized by the city in caring for the Vicious Dog and the Altering and Microchipping prior to its removal from the corporate limits; or

2. that the Vicious Dog be humanely destroyed, except that the Hearing Officer or the court shall not order the humane destruction of the Vicious Dog if the Owner of the Vicious Dog provides the Hearing Officer or the court with written proof that:

a. the Vicious Dog will be placed in an animal shelter outside of the city that has been notified of the dog’s designation as a Vicious Dog under this Chapter and has consented to the shelter and care of the Vicious Dog;

b. the animal shelter will accept the Vicious Dog and the Owner is willing to pay all expenses for transporting the Vicious Dog to the animal shelter; and

c. the Owner has informed the animal control authority in the jurisdiction to which the animal is being relocated of the dog’s designation as a Vicious Dog under this Chapter and the animal control authority, if required by law, has consented to the relocation.

If the Hearing Officer or the court orders the permanent removal of the Vicious Dog pursuant to Section 7.04.120C1, the Owner must, within 14 days of the order to remove the dog from the corporate limits of the city, provide written evidence to the city that the Owner has informed the person(s) to whom the dog has been relocated of the dog’s designation as a Vicious Dog under this Chapter and that those person(s) have consented to the shelter and care of the dog, and has informed the animal control authority in the jurisdiction to which the animal is being relocated of the dog’s designation as a Vicious Dog under this Chapter and the animal control authority has consented to the relocation.

D. Unlawful return of Vicious Dog to the City. It shall be unlawful for any person to keep, harbor, possess, maintain or have the care or custody of a Vicious Dog within the corporate limits of the City after such a Vicious Dog has been ordered permanently removed from the corporate limits of the City. Upon finding that a Vicious Dog has been kept, maintained or returned to the corporate limits of the City after having been ordered permanently removed from the corporate limits of the City, the Hearing Officer or court may, in addition to requiring the payment of penalties provided in Section 7.04.260 of this Chapter, order that the Vicious Dog be humanely destroyed.

E. Public Nuisance. Any Vicious Dog that is not confined in accordance with this Section 7.04.120 is declared hereby to be a public nuisance and shall be impounded by any law enforcement authority having jurisdiction and permanently removed from the corporate limits of the city.

F. Dogs designated as vicious in other jurisdictions. Any person desiring to bring a dog to live in the city that has been previously declared within another jurisdiction to have behaved in a vicious manner or a similar manner, or has been designated within another jurisdiction as a Vicious Dog or any similar designation, must notify the Police Department prior to moving the dog into the city of such declaration or designation. Upon moving the dog into the city, the dog will be considered as a Vicious Dog pursuant to this Chapter, and the Owner shall comply with the registration and license requirements in Section 7.04.050 of this Chapter and shall comply at all times with each and every requirement and restriction established in this Chapter pertaining to Vicious Dogs, including without limitation the restrictions set forth in Section 7.04.120B of this Chapter.

7.04.130: QUARANTINE OF BITING ANIMALS:

A. In the event the Owner of any animal has notice that his or her animal has bitten any person, it shall be unlawful for the Owner to kill such animal, sell or give the animal away, or permit or allow the animal to be taken beyond the corporate limits of the city except to a licensed veterinary hospital. It shall be the duty of the Owner to immediately report the incident to the police department and to immediately place the animal in a licensed veterinary hospital where the animal shall be quarantined for a period of at least 10 days; or, upon the request of any police officer or the Animal Control Officer, to deliver the animal to him or her for such placement. The Owner shall immediately furnish to the Police Department the name and location of the hospital and a certificate of a licensed veterinarian stating whether or not the animal shows signs of rabies. At the expiration of the quarantine period and prior to the release of the animal, the Owner shall furnish the Police Department with a certificate of a licensed veterinarian stating that the animal does not have rabies. All costs of maintaining any such animal in a veterinary hospital shall be the obligation and responsibility of its Owner and shall be paid by said Owner.

B. In the event any animal that has bitten any person is slain or dies within 10 days from the time of the bite, it shall be the duty of the person slaying the animal, or having knowledge of its death, and of the Owner of the animal to notify the Police Department and immediately deliver or cause the delivery of the intact animal to the Police Department.

C. Notwithstanding the provisions of Sections 7.04.130A and B and of this Chapter, the Owner of any animal that has bitten any person may, in lieu of the delivery and the quarantine of the animal as provided in Section 7.04.130A:

1. Present evidence to the Animal Control Officer or the Chief of Police that the animal has been inoculated against rabies more than 30 days but less than one year prior to the biting, if a one year immunity vaccine has used, or more than 30 MARCH 10, 2010 VOLUME LXXV 94

days but less than three years prior to the biting if a three-year vaccine has been use; and

2. Have the animal examined by a rabies inspector or a licensed veterinarian who shall make an examination of the animal to determine if the animal exhibits any sign of rabies, and who shall thereafter:

a. Take the animal into custody for a period of 10 days if such examination discloses any sign or symptoms of rabies and notify the Police Department thereof;

b. In the event such examination discloses that no sign or symptoms of rabies are present, order the animal confined in the home of the Owner, or upon the Owner’s premises, for a period of 10 days in an Enclosure adequate to ensure, in the opinion of the Animal Control Officer, that the animal will not be in contact with other animals or persons; or

c. Have such animal examined for rabies by a licensed veterinarian on the first, fifth and tenth days of such confinement, which veterinarian shall, within 24 hours of each such examination, report in writing the results of the examination to the Animal Control Officer or the Chief of Police. It shall be the duty of the Owner to ensure that the reports required by this paragraph are made.

3. No animal displaying any signs or symptoms of rabies, as determined by the rabies inspector or licensed veterinarian who examines the animal pursuant to Section 7.04.130C2, shall be released from any confinement without the prior approval of the Animal Control Officer or the Chief of Police.

4. In the event an examination of any animal discloses signs or symptoms of rabies, the animal shall be delivered to a licensed veterinarian for continued observation and/or testing.

D. It is the responsibility of the Owner to provide, upon request by the examining veterinarian, Animal Control Officer, or a police officer, a dated certificate or certificates of vaccination, signed by a licensed veterinarian. The certificates shall include a description of the animal sufficient for purposes of identification.

7.04.140: FEMALE DOGS IN HEAT:

Any female dog in heat must be confined either (1) if outdoors, in an Enclosure or on a leash no more than six feet in length that is under the direct control and supervision of the Owner; or (2) if indoors, in a kennel, veterinary hospital, or in an enclosed building on the Owner’s property.

7.04.150: RABID DOGS:

A. It shall be the duty of the Owner of any dog suffering from rabies to place it immediately in a veterinary hospital, or, upon demand, to surrender the dog to a police officer or the Animal Control Officer. Any dog suffering from rabies is declared hereby to be a public nuisance and, if the dog cannot be safely apprehended and impounded, the dog may be slain by a police officer or the Animal Control Officer.

B. It shall be the duty of any person who discovers that any dog is suffering from rabies, or that any dog or other animal has been bitten by a dog or other animal suffering with rabies, to report such fact immediately to the Animal Control Officer or the Chief of Police. The report shall include the name, if known, and the place of residence of the Owner of the dog or other animal, the place where the animal can be found, and the license number of any such dog, if known. Any such dog or other animal shall be immediately confined in a veterinary hospital or impounded and securely kept until it can be determined whether the dog or other animal is suffering from rabies.

C. Whenever the mayor, by proclamation, shall declare that danger from rabies is great, it shall be unlawful to permit or allow any dog upon the public streets, alleys, or other public place unless the dog is securely muzzled with a Muzzle.

7.04.160: REDEMPTION OF IMPOUNDED DOGS OR CATS:

A. When dogs or cats are apprehended and impounded they shall be scanned for the presence of a microchip by the animal control facility used by the city. The animal control facility utilized by the city shall make every reasonable attempt to contact the Owner as soon as possible The animal control facility shall given notice of not less than seven (7) business days to the Owner prior to disposal of the animal. Such notice shall be mailed to the last known address of the Owner. Testimony of the personnel of the animal control facility who mails such notice, or the Animal Control Officer, shall be evidence of the receipt of such notice by the Owner of the animal.

B. Except as provided in Sections 7.04.100, 7.04.110, and 7.04.120 of this Chapter, in case the Owner of any impounded dog or cat desires to make redemption thereof, he or she may do so by doing the following:

1. Presenting proof of current rabies inoculation and license registration, if applicable;

2. Paying for the rabies inoculation of the dog or cat and license registration, if applicable;

3. Paying the animal control facility for the board of the dog or cat for the period it was impounded;

4. Paying for microchipping if not already done; 

5. Paying for altering if required by this Chapter.

7.04.170: DISPOSITION OF UNCLAIMED DOGS OR CATS:

When not redeemed by the Owner, agent or caretaker, a dog or cat must be scanned for a microchip. If a microchip is present, the registered Owner must be notified. After contact has been made or attempted and the dog or cat has not been redeemed, except as otherwise provided in this Chapter with respect to Dangerous Dogs or Vicious Dogs, dogs or cats deemed adoptable by the animal control facility utilized by the city shall be offered for adoption by the animal control facility utilized by the city, or made available to a licensed humane society or rescue group. If no placement is available, it shall be humanely destroyed. The animal control facility utilized by the city shall not adopt or release any dog or cat to anyone other than the Owner unless the animal has been altered and microchipped. The animal control facility utilized by the city shall not release dogs or cats to an individual representing a rescue group, unless the group has been licensed or has a foster care permit issued by the Illinois Department of Agriculture or is a representative of not-for-profit out of state organization.

7.04.180: ANIMAL FIGHTING PROHIBITED:

No person shall own, keep, harbor, possess, maintain or have the care or custody of any dog or other animal or be in any way connected with the management or ownership of any place kept or used for the purpose of causing, instigating, or staging the fighting or baiting of any dogs or other animals, or for the purpose of training dogs or other animals for such fighting or baiting, or to permit such a place to be kept or used on premises owned or controlled by such person.

7.04.190: TETHERING:

Notwithstanding any provision of this Chapter to the contrary, it shall be unlawful for any person to tether any animal to a fixed object, except upon the satisfaction of each of the following conditions:

A. The chain, rope, Leash, Run Line, or other device used to tether the animal shall be placed or attached so as to prevent the animal from becoming entangled with a structure, tree, plant, shrubbery, another animal or any other object;

B. The chain, rope, Leash, Run Line, or other device used to tether the animal shall be of sufficient length, in proportion to the size of the animal, to allow the animal to obtain proper exercise, convenient access to food and water and protection from direct sunlight or extreme weather conditions;

C. The chain, rope, Leash, Run Line, or other device used to tether the animal does not weigh more than one-eighth the amount of the animal’s weight and is not made from a logging chain or a tow chain;

D. The animal is not attached to the chain, rope, Leash, Run Line, or other device by any collar or means of restrain that may injure the animal or interfere with its vision or respiration, including without limitation any type of "choke" collar that constricts around the animal’s neck when pulled;

E. The chain, rope, Leash, Run Line or other device, and the collar attached thereto used to tether the animal shall be of such material and shall be attached and affixed in such a manner sufficient to physically restrain and control the animal to be tethered;

F. The animal to be tethered has not been designated as a Vicious Dog;

G. If the animal to be tethered has been designated as a Dangerous Dog, the dog also must be supervised by an adult at least 18 years of age and securely muzzled with a Muzzle at all times that it is tethered in a manner that will prevent it from biting any person or animal, but that will not injure the dog or interfere with its vision or respiration;

H. The animal is not tethered in a manner that either:

1. permits the animal to trespass upon public property, or upon private property without the consent of the property Owner, or

2. threatens the health, safety or welfare of any person or animal;

I. The animal is not tethered and unsupervised for more than one hour during any 24 hour period;

J. The animal is not tethered and unsupervised between the hours of 10:00 p.m. and 6:00 a.m.;

K. The animal is not tethered and unsupervised within 500 feet of any school at any time;

L. The animal is not tethered on public property at any time;

M. The animal is not tethered on private property without the prior consent of the property Owner; and

N. The animal is not tethered and unsupervised during extreme temperatures, including without limitation during heat advisories or when the temperature is below 32 degrees Fahrenheit.

7.04.200: PROBLEM PET OWNERS:

A. Problem Pet Ownership. For purposes of this chapter, a problem pet owner is a person who has been determined by the Hearing Officer or the court to have committed (i) three or more separate and unrelated violations of Sections 7.04.020 (Unlawful Treatment of Animals), 7.04.110B (Restrictions on Dangerous Dogs), 7.04.120B (Restrictions on Vicious Dogs), 7.04.180 (Animal Fighting Prohibited), or 7.04.190 (Tethering) of this Chapter in one 36 month period or (ii) two or more separate and unrelated violations of Sections 7.04.020, 7.04.110B, 7.04.120B, or 7.04.180, or 7.04.190, of this Chapter at any time after having a dog owned by him or her designated as a Dangerous Dog or a Vicious Dog.

B. Designation of problem pet owner. A person shall be designated as a problem pet owner when the Hearing Officer or the court, at the request of the Police Department, has conducted an evidentiary hearing, heard and considered evidence pertaining to past violations of this Chapter by the person, and entered an order determining that the person has committed the violations described in Section 7.04.200A and designating the person as a Problem Pet Owner.

C. Notice of hearing. A person whom the Police Department request be designated as a Problem Pet Owner shall be provided with written notice of a hearing before the Hearing Officer or the court, served by certified and regular mail to the person’s last known address, containing the following information:

1. the name and address of the person who is the subject of the hearing;

2. the names, descriptions, and license numbers of any animals owned by or licensed to the person;

3. brief descriptions of the violations that form the basis of the request;

4. notification of the date, time, and location of the hearing before the Hearing Office or the court; and

5. a summary of the impact of designation as a problem pet owner, as set forth in this Section.

D. Pre-Hearing confinement of animals. Upon service of notice pursuant to Section 7.04.200C of this Section, all of the animals owned by a person whom the Police Department seeks to be declared to be a problem pet owner may be impounded if the Chief of Police or his designee determines that impoundment is in the interests of public safety or the health and welfare of the animals. Upon such a determination by the Chief of Police or his designee, an Animal Control Officer or police officer may require that all of the animals be held in an animal shelter or a secure veterinary hospital until a hearing is held. If all of the animals are not impounded prior to the hearing, the Owner shall comply with any and all requirements imposed by the Chief of Police, the Animal Control Officer, or their designee for the confinement and care of the animals pending the hearing. Any failure to comply with such requirement is a violation of this Section 7.04.200D, and each day of non-compliance will constitute a separate violation.

E. Bar on licensing or owning animals. If, after conducting a hearing, the Hearing Officer or the court determines that a person should be declared a problem pet owner, all animal licenses held by that person will be immediately revoked, and it shall be unlawful for that person to license or own any animal in the City for a period of 24 months from the date of the entry of that determination. Further, upon the determination by the Hearing Officer or the court that a person is a problem pet owner, the problem pet owner must immediately surrender all animals in his or her possession to the Chief of Police, the Animal Control Officer, or their designee.

7.04.210: HINDERING ENFORCEMENT:

It shall be unlawful to hinder or molest any police officer, the Animal Control Officer or any other designated enforcement official engaged in the enforcement of this Chapter. Further, it shall be unlawful for any person to provide any false or misleading information with respect to the registration and licensing of Dangerous Dogs or Vicious Dogs. Further, it shall be unlawful for any person to violate any provision of this chapter.

7.04.220: ANIMALS PROHIBITED IN CERTAIN PLACES:

Animals shall not be permitted or allowed to enter upon any school premises, public playground, public swimming pool, public hall or building, food service establishment, or any sidewalk or path extending through any of the above described areas. The provisions of this Section shall not apply to Police Dogs or Services Dogs.

7.04.230: ENFORCEMENT OF PROVISIONS:

The Chief of Police, police officers, the Animal Control Officer and such other persons as may be designated by the Chief of Police or the City Manager are authorized and directed hereby to enforce the provisions of this Chapter.

7.04.240: KEEPING ANIMALS:

A. It shall be unlawful for any Owner to keep or maintain any pen, stable, or place in which animals are housed, or kept in a condition that is unreasonably offensive to persons residing in the vicinity of the same, due to associated debris or odors, or to persons passing along any street or alley near the same, or that constitutes a hazard to the health of persons residing nearby.

B. Any pen, stable, or place in which animals are housed or kept that the Owner has been found in violation of Section 7.04.240A of this Chapter by the Hearing Officer or the court, is declared hereby to be a public nuisance.

C. It is unlawful to keep, harbor, possess, maintain or have the care or custody in the city any animal which is ferare naturae in the eyes of the law. Except as otherwise specifically provided for in this Chapter with respect to Dangerous Dogs and Vicious Dogs, it is unlawful to keep, harbor, possess, maintain or have the care or custody of any animal in the city which would be dangerous to the public as a result of its propensity to injure persons. Any animal prohibited to be kept, harbored, possessed or maintained in the city pursuant to this section is declared hereby to be a public nuisance and may be apprehended and impounded at any time by a police officer or the Animal Control Officer. The impoundment may, at the discretion of the Chief of Police, continue through any subsequent investigation by the Police Department and until any subsequent determination of the hearing officer or the court. In addition to the other penalties and remedies provided in this Chapter, any such animal shall be ordered permanently removed from the city or humanely destroyed. The members of the Police Department, or any other person in the city, are authorized to kill any dangerous animals of any kind when it becomes necessary for the protection of any person or property.

D. It is unlawful to keep, harbor, possess, maintain, or have the care or custody in the city of: (1) any snake, reptile or lizard that is physically capable of injuring any person, regardless of age, by bite, poison, constriction or other means; (2) any lion, tiger, cougar, jaguar, panther, bobcat, mountain lion, lynx, ocelet, leopard, any hybrid thereof or any other similar feline animal; (3) any wolf, coyote, jackal, fox, wild dog or hybrid thereof; (4) any bear or bison; (5) any rodent weighing more than one pound, with the exception of guinea pigs; (6) any non-canine animal not native to North American continent which when full grown normally attains the weight in excess of 200 pounds; and (7) any monkey, gorilla, chimpanzee or other similar ape-like primate. Any animal, snake, reptile, rodent or other creature prohibited to be kept, harbored, possessed or maintained in the city pursuant to this Section is declared hereby to be public nuisance and may be apprehended and impounded at any time by a police officer or the Animal Control Officer. If such animal cannot be relocated safely to an entity licensed to handle the dangerous animal in the sole discretion of the Chief of Police, the Chief of Police may order the humane destruction of such animal. This section shall not apply to properly zoned and constructed zoos, federally licensed exhibits, circuses, animal refuges, or licensed scientific or research laboratories.

E. It is unlawful to raise, keep, harbor, possess, maintain or have the care or custody of in the city any animal commonly considered a farm animal including, but not limited to, cows, horses, pigs or chickens.

F. No person shall permit more than more than three dogs to be kept in or about any single family residence or any more than two dogs in any single family unit of any multiple family housing building within the city. This section shall apply only to dogs over three months of age. When circumstances dictate removal of any dogs to assure compliance with this Section, the Animal Control Officer or other city personnel shall apply to the Hearing Officer or to the Circuit Court seeking an order of removal.

7.04.250: DAMAGE TO PROPERTY:

No person shall without the consent of the owner of the property concerned, permit or allow any dog or cat in his custody or control to enter upon the premises of another within the city, or permit or allow any dog or cat in his custody to injure or carry away any vegetable, plant, fruit, refuse, shrub, tree, flower, or any other thing which may be on said premises or which may be planted there. The person having custody of such dog or cat shall be liable for damage incurred. 

7.04.260: PENALTY:

A. Any person violating any of the provisions or failing to comply any of the mandatory requirements of this Chapter shall be guilty of an offense. Any person convicted of an offense for violating Sections 7.04.020 (Unlawful Treatment of Animals), 7.04.100B (Biting and Attacking), 7.04.050 (Registration and License for Dangerous Dogs and Vicious Dogs), 7.04.110 (Dangerous Dogs), 7.04.120 (Vicious Dogs), 7.04.180 (Animal Fighting Prohibited) or 7.04.200 (Problem Pet Owners), in addition to other legal and equitable remedies available to the City, shall be punished by a fine of not less than One Thousand Dollars ($1,000). Any person convicted of an offense for violations of other Sections of this Chapter not listed above shall be punished by a fine of not less than Fifty Dollars ($50) nor more than Seven Hundred Fifty Dollars ($750).

B. Any person shall be guilty of a separate offense for each and every day during any portion of which any violation or provision of this Chapter is committed, continued or permitted by any such person, and such person shall be punished accordingly.

C. Violation notices for violations of this Chapter shall be issued, served, and resolved in accordance with the administrative adjudication of non-vehicular code violations system established pursuant to Chapter 1.25 of this Code, or if brought before a court of competent jurisdiction, pursuant to the Illinois Code of Civil Procedure, Illinois Supreme Court Rules, and such other rules that might apply to such court.

7.04.270: SEVERABILITY:

If any provision, clause, sentence, paragraph, section or part of this chapter or application thereof to any person or circumstance shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this chapter and its application to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved with the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof not been included."

Section 3. That Chapter 7.08 of the Elgin Municipal Code, 1976, as amended, entitled "Keeping Regulations" be and is hereby repealed.

Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed.

Section 5. That this ordinance shall be in full force and effect on and after June 1, 2010 upon its passage and publication in the manner provided by law. /s/ Ed Schock, Mayor