HomeMy WebLinkAboutORDINANCES-2011-052-O-11Effective Date: October 26, 2011 10/10/2011
8/2/2011
6/21 /2011
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AN ORDINANCE
Amending Certain Provisions of Title 9, Chapter 4 of the Evanston
Municipal Code entitled "Dogs, Cats, Animals and Fowl"
WHEREAS, the City of Evanston (the "City") is a home -rule municipality in
accordance with the Constitution of the State of Illinois of 1970; and
WHEREAS, the City has the authority to adopt ordinances and
promulgate rules and regulations that pertain to its government and affairs that protect
the health, safety, and welfare of its citizens; and
WHEREAS, the City determines that it is in the best interests of its citizens
to amend certain provisions of Section 9-4-17 addressing "Dangerous Dogs" of the
Evanston Municipal Code concerning dangerous dogs; and
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The foregoing recitals are incorporated herein as findings of
the corporate authorities of the City of Evanston.
SECTION 2: That Subsection 9-4-17 (A) of the Evanston City Code of
1979, as amended, is hereby further amended to read as follows:
(A) Designation of Dangerous Dogs:
1. The chief of police or his/her designee may, after conducting an
investigation, declare a dog to be a "dangerous dog". The investigation
shall include one or all of the following:
46 a. Consideration of evidence pertaining to the temperament of the
dog;
b. Evaluation of any and all testimony, documentation, or
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information regarding any pending or prior complaints, citations, or
arrests regarding the animal; or
c. Any medical or veterinary evidence regarding the animal.
2. Dangerous Dogs shall be defined as:
a. Any dog with a known propensity, tendency, or disposition to
attack unprovoked, to cause injury or to otherwise endanger the
safety of human beings or domestic animals; or
b. Any dog which attacks a human being or domestic animal
without provocation; or
c. Any dog which, without provocation, in a vicious or terrorizing
manner approaches any person in an apparent attitude of attack,
whether or not the attack is consummated or capable of being
consummated.; or
d. Any dog owned or harbored primarily or in part for the purpose of
dogfighting or any dog trained for dogfighting; or
e. Any dog which has been trained as an attack dog, except such
dogs which may be used by the Evanston police department or at
its direction.. ; or
f. No dog shall be deemed dangerous solely on the grounds that it
bites, attacks or menaces a trespasser on the property of its owner
or harms or menaces anyone who has tormented or abused +- the
dog.
SECTION 3: That Subsection 9-4-17 (B) of the Evanston City Code of
1979, as amended, is hereby further amended to read as follows:
(B) Regulations:
1. No person owning or harboring or having the care or custody of a
dangerous dog shall suffer or permit such dog to go unconfined on the
premises of such person. A dangerous dog is "unconfined" as the term is
used in this section if such dog is not securely confined indoors or
confined in a securely enclosed and locked pen or a dog run area upon
the premises of said person. Such pen or dog run area must also have
sides at least six feet (6) high and a secure top. The pen or structure
must have a concrete bottom and sides secured to said bottom. All
structures erected to house dangerous dogs must comply with all zoning
and building regulations of the city. All such structures must be of
adequate size to permit the dog to move about freely, must be adequately
lighted, ventilated, and kept in a clean and sanitary condition.
2. No dangerous dog may be kept on a porch, patio, or in any part of a
house or structure that would allow the dog to exit such building on its own
volition. No such animal may be kept in a house or structure when the 16
windows are open or when screen doors or screen windows are the only
obstacle preventing the dog from exiting the structure.
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3. All owners, keepers or harborers of dangerous dogs within the city shall
within ten (10) days from the effective date of this section display in a
prominent place on their premises a sign easily readable by the public
using the words "Beware of Dangerous Dog". In addition, a similar sign is
required to be posted on the kennel or pen of such animal. The owner,
keeper, or harborer of the dangerous dog shall have two (2) signs
produced at their own expense which meets the requirements of this
section upon payment of the annual two hundred and fifty dollars
($250.00) dangerous dog license fee; more fully set forth in subsection 9-
4-4(A) of this chapter.
4. Any dog which has been found to be a dangerous dog (or vicious dog
under the Illinois Animal Control Act, 510 ILCS 5/15) that has been
directed to be contained in an enclosure rather than being destroyed,
which is not confined to an enclosure, shall be impounded by the animal
control officer or the City police department. Said dog shall be turned over
to a licensed veterinarian for destruction by lethal injection, subject to the
provisions of the Illinois Animal Control Act, 510 ILCS 5/1 et seq. For
purposes of this subsection, the requirement that a dangerous or vicious
dog be contained in an enclosure will not be violated where the individual
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who owns, harbors, or cares for such dog is engaged in the walking or
exercising of the dog, routine transporting of the dog, or other actions
inherently inconsistent with containment in an enclosure; provided that the
dog must remain leashed and under the control of a human being at all
times that it is not contained in the required enclosure.
5. Before a dog can be designated as dangerous under this Chapter, an
evaluation of the animal by a certified applied behaviorist, a board certified
veterinary behaviorist, or another recognized expert selected by the chief
of police or his/her designee must be performed if requested and paid for
in advance by the owner or other individual responsible for the dog.
SECTION 4: That Subsection 9-4-17 (E) of the Evanston City Code of
1979, as amended, is hereby further amended to read as follows:
(E) Sell, Breed; Buy; No person shall possess with intent to sell, or offer
for sale, breed, or buy or attempt to buy, or give away within the city limits
a dangerous dog.
0 SECTION 5: That Subsection 9-4-17 (F) of the Evanston City Code of
1979, as amended, is hereby further amended to read as follows:
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(F) Insurance: Any person owning or harboring or having the care of any
dangerous dog shall maintain a policy of insurance in an amount not less
than one hundred thousand ($100,000.00) insuring said person against
any claim, loss, damage or injury to persons, domestic animals, or
property resulting from the acts of the dangerous dog. Said insurance
policy shall be separate and distinct from any homeowner's insurance
policy. Upon the determination of a dog as dangerous and prior to the
release of the dog, the owner, keeper, or harborer shall transmit a copy of
said insurance to the police department. The insurance must list contact
information for the insurance company that issued the policy. The owner,
keeper, or harborer of a dangerous dog has a continuing obligation to
submit annually proof of insurance for the dog to the police department.
SECTION 6: That Subsection 9-4-17 (1) of the Evanston City Code of
1979, as amended, is hereby further amended to read as follows:
(1) Penalty:
1.
a. Whoever violates this section, except for subsection (13)(3) of this
section, shall be fined in an amount not less than two hundred
($200.00), but not more than five hundred dollars ($500.00) per
charge. Whoever is found guilty of a second offense of violating
this section shall be guilty of a class C misdemeanor and may be
imprisoned up to thirty (30) days and shall be fined five hundred
dollars ($500.00), which fine shall be mandatory and shall not be
suspended or remitted. Whoever is found guilty of violating this
section more than two (2) times shall be guilty of a class B
misdemeanor and may be imprisoned for a term in excess of thirty
(30) days but less than six (6) months and shall be fined five
hundred dollars ($500.00), which fine shall not suspended or
remitted. A violation of subsection (B)3 of this section shall cause a
mandatory fine of fifty dollars ($50.00) to be imposed on the person
found guilty of such offense.
b. If the violation charged is a failure to maintain the insurance
coverage required by subsection (F) of this section, in addition to
any fine or other penalty which may be imposed, the violator must
present satisfactory evidence of said insurance to the court as a
condition to returning the dog to him or her. Failure to present
evidence of said insurance shall preclude return of the dog and
shall cause the city to petition the court for destruction of the dog
and for all costs the city has incurred, or will incur, in connection
with keeping the dog in its custody and with destroying it. 40
2. Any person found guilty of violating this section shall be fined an
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amount as established in subsection 9-4-17 (1)(1), and shall be
responsible for any and all costs connected with the seizure, confiscation
confinement and disposal of such animal, including any and all reasonable
attorneys fees and court costs.
3. Any person found guilty of violating this section shall pay, prior to the
release of the dog from the city's custody or its destruction, all expenses,
including shelter, food, and veterinary expenses necessitated by the
seizure of any dog for the protection of the public, and such other
expenses as may be required for the destruction of such dog.
SECTION 7: That Section 9-4-17 of the Evanston City Code of 1979, as
amended, is hereby further amended to add subsection (K) and hereby read as follows:
(K) Dangerous dog as a continuous threat: any dangerous dog which
attacks a human being or another domestic animal may be ordered
destroyed when in the judgment of a Judge in the Circuit Court of Cook
County; such dangerous dog represents a continuing threat of serious
harm to human beings or other domestic animals.
SECTION 8: That Section 9-4-17 (B) of the Evanston City Code of 1979,
44 as amended, is hereby further amended at follows:
5. Before a dog can be designated as dangerous under this Section, an
evaluation of the animal by a certified applied behaviorist, a board certified
veterinary behaviorist, or another recognized expert selected by the Chief
of Police or his/her designee must be performed if requested no more than
14 days after service of a notice of violation and paid for in advance by the
owner or other individual responsible for the dog. If such an evaluation is
made, the Chief of Police shall consider it as part of the evidence when
determining whether to designate the dog as dangerous pursuant to this
Section.
SECTION 9: That Section 9-4-17 of the Evanston City Code of 1979, as
amended, is hereby further amended to add subsection (J) and hereby read as follows:
9-4-17 (J)
Appeal: The owner of a dog deemed or designated by the Chief of Police
or his/her designee to be a dangerous dog because said dog meets at
• least one of the criteria in Subsection (A) of this Section may seek judicial
review thereof pursuant to the Administrative Review Act of Illinois (735
ILCS 5/3-101, et seq.).
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SECTION 10: That all ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 11: That this ordinance shall be in full force and effect from and
after its passage, approval, and publication in the manner provided by law.
Introduced:kvl�jm&r,2011
Adopted: Qthltr 0 , 2011
Attest:
Rodney Gree , City Clerk
Approved: A &h 6n -r % , 2011
EliAbeth B. Tisdahl, Mayor
Approved as to form:
W. Grant Farrar, Corporation Counsel
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