HomeMy WebLinkAboutORDINANCES-2020-053-O-204/13/2020
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AN ORDINANCE
Amending City Code Title to 9, Chapter 4 "Dogs, Cats, Animals and
Fowl" to Define "Animal Care Facility," "Animal Rescue Organization,"
and "Pet Store"
WHEREAS, the City of Evanston seeks to amend Title 3 restricting the
sale of dogs, cats and rabbits in pet stores; 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, Title 9, Chapter 4, Section 1 does not define "Animal Care
Facility" and "Animal Rescue Organization;" and
WHEREAS, to be consistent with the amendment to Title 3, Title 9,
Chapter 4, Section 1 must also amend the definition of "Pet Store;" and
NOW, THEREFORE, BE 1T 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.
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SECTION 2: Title 9, Chapter 4 "Dogs, Cats, Animals and Fowl," Section 1
of the Evanston City Code of 2012, as amended, is hereby amended to read as follows:
CHAPTER 1 — DEFINITIONS.
As used in this Chapter the following terms mean:
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ANIMAL: Any nonhuman living creature, domestic or wild.
ANIMAL CONTROL The Chief of Police shall be ex officio animal control warden for
WARDEN. the City. Provision shall be made for the appointment of such
deputies as may be necessary.
ANIMAL SHELTER: Any premises designated by City administrative authority for the
purpose of impounding and caring for animals held under
authority of this Chapter.
ANIMAL CARE An animal control center or animal shelter. maintained by or
FACILITY. under contract with anv state. countv or municiaality. whose
mission and practice is. in whole. or sianificant cart. the rescue
and placement of animals in permanent homes or rescue
organizations.
ANIMAL RESCUE Anv not-for-orofit oraanization which has tax-exempt status
ORGANIZATION under Section 501 Iclf31 of the United States Internal Revenue
Code. whose mission and practice is. in whole or in sianificant
oart. the rescue and placement of animals in permanent homes.
This term does not include anv entity that is a breeder or broker
or one that obtains animals from a breeder or broker for profit or
compensation.
CIRCUS: A nonresident variety snow which features animal acts.
KENNEL: Any person, partnership or corporation engaged in the business
of breeding, buying, selling or boarding dogs and cats or
engaged in the training of dogs for guard or sentry purposes.
OWNER: Any person, partnership or corporation owning, keeping or
harboring animals.
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PERSON. An individual, partnership or corporation owning, keeping or
harboring animals.
PET SHOP: Any PeFSOR,
.
A retail establishment where Boas. cats or rabbits are sold.
exchanged. bartered or offered for sale as get animals to the
aeneral public at retail. Such definition shall not include an
animal care facility or animal rescue organization. as defined.
RESTRAINT. • An animal shall be deemed to be under restraint if on the
enclosed premises of its owner or upon a leash and under the
control of a responsible person.
THEATRICAL Any exhibition or act featuring performing animals.
EXHIBIT. -
VETERINARY Any establishment maintained and operated by a licensed
HOSPITAL: veterinarian for the boarding of animals or the diagnosis and
treatment of diseases and injuries of animals.
WILD ANIMAL: An animal of a species not generally amenable to control or
restraint.
ZOOLOGICAL Any park or zoo operated by a person or private corporation.
GARDEN.
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.
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SECTION 4: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTIONS: 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
application of this ordinance is severable.
Introduced: Aodl27. 2020 ., 2020 Approved:
Adopted: A rI127. 2020 , 2020 A0130 , 2020
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Stephen H. Hagerty, Mayor
Attest: Approved as to form:
jFdk"do Fow ow
Kelley A. Gandurski, Corporation Counsel
Eduardo Gomez, Deputy City Clerk
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