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HomeMy WebLinkAboutORDINANCES-2020-032-O-202/14/2020 2/20/2020 3/5/2020 3/6/2020 4/1 /2020 4/13/2020 4/16/2020 32-0-20 AN ORDINANCE Amending City Code Title 3, "Business Regulations," to Restrict the Sale of Cats, Dogs, and Rabbits WHEREAS, the City of Evanston seeks to promote responsible and humane pet sales and ownership; and WHEREAS, the City seeks to end inhumane practices of over -breeding, in -breeding, inadequate veterinary care, and other negative consequences of irresponsible commercial breeding ad sales; and WHEREAS, the City of Evanston desires to be a "no -kill" community and the Evanston Animal Shelter has implemented a no -kill policy; and WHEREAS, No -kill shelters seek to save every dog and cat in a shelter who can be saved, which means healing the animals who can be healed, treating behaviors that can be treated, and prioritizing safety and a high quality of life for both pets and people in our communities; and WHEREAS, No -kill shelters aim to reduce the number of animals entering shelters through spay/neuter education and services and increasing the number of animals leaving shelters through adoption and other programs that lead to animals finding proper homes; 32-0-20 WHEREAS, the Evanston Animal Shelter does not have the capacity or expertise to care for abandoned rabbits and the local animal rescue that does have this expertise has expressed concern about the number of rabbits requiring rescue in Evanston; and WHEREAS, the increased population of unwanted Cats, Dogs, and Rabbits creates both an economic burden on the City and a humane burden on the animals. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Title 3, "Business Regulations," of the Evanston City Code of 2012, as amended, is hereby amended to add the following: CHAPTER 33 - SALE OF CATS. DOGS. and RABBITS 3-33-1 CHAPTER 1 - DEFINITIONS. As used in this Chanter the following terms mean: ANIMAL: Anv nonhuman living creature. domestic or wild. ANIMAL CONTROL The Chief of Police shall be ex officio animal control warders for WARDEN. the Citv. Provision shall be made for the appointment of such deputies as may be necessary. ANIMAL SHELTER: Anv premises designated by City administrative authoritv for the purpose of impounding and carina for animals held under -2- 32-0-20 authoritv of this Chanter. ANIMAL CARE An animal control center or animal shelter. maintained by or FACILITY: under contract with any state, county or municipality. whose mission and practice is. in whole. or sionificant Dart. the rescue and Dlacement of animals in permanent homes or rescue organizations. ANIMAL RESCUE Any not-for-Drofit oraanization which has tax-exempt status ORGANIZATION under Section 501(c)(3) of the United States Internal Revenue Code. whose mission and practice is. in whole or in significant part. the rescue and Dlacement of animals in Dermanent homes. This term does not include any entity that is a breeder or broker or one that obtains animals from a breeder or broker for Drofit or compensation. KENNEL: Any person. oartnershiD or corporation enaaaed in the business of breedina. buvina. sellina or boarding doos and cats or enaaaed in the trainina of doss for auard or sentry ourposes. OWNER: Any person. oartnershio or corooration owning. kesoino or harborina animals. PERSON: An individual, oartnershiD or comoration owning. keeoina or harborina animals. PET SHOP: A retail establishment where doas. cats or rabbits are sold. exchanged. bartered or offered for sale as oet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue oraanization. as defined. 3-33-2 — RESTRICTIONS ON THE SALES AND ADOPTIONS OF CATS. DOGS. AND RABBITS. 32-0-20 (A) No oet store shall sell. deliver. offer for sale. barter. auction aive away. or otherwise transfer or dispose of cats. doas or rabbits. Nothina in this section shall prohibit pet stores from collaboratina with animal care facilities or animal rescue oraanizations to offer space for such entities to showcase adoptable doas. cats and rabbits provided that the pet store shall not have anv ownership interest in these animals offered for adoption and shall not receive a fee for Drovidino space for the adoption of anv of these animals. (A) Anv rabbit that is adopted or sold in the Citv of Evanston must be Waved or neutered unless a veterinarian determines that neuterina or soavino the animal would endanaer the health of the animal. Such a determination must be made in writina and by a veterinarian licensed to Dractice in the State of Illinois. 3-33-3: ENFORCEMENT AND PENALTIES. (A) Enforcement. The Animal Control Warden shall enforce this Section. and the Evanston Police Deoartment shall assist the Animal Control Warden in said enforcement. (B) Violations and Penaltv. Anv person violating anv section of Chaoter 33 of Title 3 shall be fined not less than five hundred dollars ($500.001 nor more than one thousand five hundred dollars ($1500.00) for each offense. Every dsyy such violation continues shall constitute a separate and distinct offense. SECTION 3: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and must be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: This ordinance must be in full force and effect after its passage, approval, and publication in the manner provided by law. SECTION 6: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity must not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid -4- application of this ordinance is severable. Introduced: Uarrh 0- 2090 , 2020 Adopted: Aoril 27.2020 , 2020 Attest: DcwulI -C;J, Ei'.y iiark- Eduardo Gomez, Deputy City Cleric 32-0-20 Approved: April 30 , 2020 Stephen H. Hagerty, Mayor Approved as to form: Kelley A. Gandurski, Corporation Counsel -5-