HomeMy WebLinkAboutORDINANCES-1987-070-O-87i 3"�,�,,i+ , ti' .' v-, ,r� �� .,•.'3�: _ -. - c.. .- -' -•,_- �� *-... `
f' i 7/14/87 10/28/87
8/26/87 11/09/87
10/26/87
70-0-87
AN ORDINANCE
Modifying Sections 9-4-3-2, 9-4-3-4, and
9-4-4 of the Evanston City Code and
Adding a New Section 9-4-17 of the Evanston
City Code Pertaining to Dangerous Dogs
is WHEREAS, protection of the public and domestic
animals from unprovoked attacks by dangerous dogs is in the
public interest; and
WHEREAS, it is further in the public interest to take
steps to require that dangerous dogs be regulated and
restrained in order to prevent such attacks; and
WHEREAS, the population density of the City and the
desire of citizens of the municipality to be free from the
potential threat of attack or damage mandate that the number of
dangerous dogs be strictly limited; and
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WHEREAS, the City Council has determined that such
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action is reasonable and necessary for the public health,
safety, and welfare;
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NOW, THEREFORE., BE IT ORDAINED BY THE CITY COUNCIL OF
•THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 9-4-3-2 of the City
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Code of the City of Evanston, 1979, as
;;amended, is hereby further amended to read as follows:
9-4-3-2: LIMITATION ON NUMBER OF DOGS:
E(A) The occupancy of any premises by more than three (3)
dogs, whether licensed or unlicensed, shall be
prohibited. Said prohibition shall not include dogs
less than four (4) months of age. Exempted from this
�.� limitation are those commercial uses, specifically
authorized elsewhere in the City Code for which
occupancy by dogs is customary (such as, but not
limited to kennels, pet shops and veterinarians).
j' (B) The occupancy of any lot area by more than one
I dangerous dog or the ownership, care, custody or
It control of more than one dangerous dog shall be
j! prohibited. Exempted from this limitation are
veterinarians, but only to the extent necessary to
render care or treatment. The terms "structure" and
"lot area" shall have the same meanings as in Section
6-2-4 of this Code.
SECTION 2: That Section 9-4-3-4 of the City
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Code of the City of Evanston, 1979, as amended, be and it is
hereby further amended to read as follows:
9-4-3-4: APPLICATION; REQUIREMENTS: At the
time of making application for an animal
permit, the owner shall furnish the following information
and material to the Finance Director:
• (A) The name and address of the owner of the animal.
(B) The sex and breed of the animal.
(C) A certificate of inoculation against rabies issued by
the County Rabies Inspector, his deputy or a licensed
veterinarian bearing proof that such inoculation
shall be effective throughout the full license
period, shall be submitted to the Finance Director
for his inspection.
(D) The name and address of the issuer of the certificate
of inoculation.
(E) The number of other dogs, if any, occupying and/or
licensed for the same premises as applicant.
(F) That the dog is a dangerous dog, if, on or prior to
the date of registration, the owner has been advised
of that fact in writing by the Chief of Police or his
designee, the dog has been adjudicated as dangerous
by a court of competent jurisdiction, or the owner
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has reason to believe that the dog is dangerous.
SECTION 3: That Section 9-4-4 of the Evanston
City Code, 1979, as amended, be and it is
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• hereby further amended to read as follows:
9-4-4: LICENSE FEES:
(A) General: Upon furnishing of the information required
by Section 9-4-3-3 of this Chapter and a showing by
any applicant for a permit that he is prepared to
comply with the regulations promulgated by the
Finance Director, a permit shall be issued following
the payment of the applicable fee as follows:
Neutered dogs and cats. .$ 4.00
Dangerous dogs ......................... 100.00
I� All other cats and non -
dangerous dogs ....................... 8.00
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Each kennel or pet shop, covering all
'i animals kept during the year......... 60.00
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t! Any zoological garden or animal act,
covering all animals kept............ 120.00
No fee shall be required of any humane society,
veterinary hospital, or Municipal animal
control facility.
• (B) Senior Citizens' Reduction: Notwithstanding the
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requirements aforesaid, excepting those relating to
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dangerous dogs, an applicant, upon presentation of
proof that said applicant is beyond the age of
sixty-five (65) years or is within that class of
persons designated by the standards of the Department
of Health, Education and Welfare as below the
prevailing poverty level, such applicant shall be
issued a permit for an animal upon payment of
one-half (,) of the established fee for a nonneutered
animal. There shall be no fee reduction for a
dangerous dog.
SECTION 4: That a new Section 9-4-17 of the City
Code of the City of Evanston, 1979, as
amended, be added to read as follows:
9-4-17: DANGEROUS DOGS:
(A) As used in this Section "Dangerous Dogs" shall mean
and include:
1. 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
2. Any dog which attacks a human being or domestic
animal without provocation; or
3. 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.
4. Any dog owned or harbored primarily or in part
for the purpose of dog fighting or any dog trained
for dog fighting.
5. 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.
6. 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 it.
(B) 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 or a secure top.
If the pen or structure has no bottom secured to the
sides, or if a dog is a type which burrows, the sides
must be imbedded into the ground no less than one
foot (1') or to whatever depth is required to contain
the dog. 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
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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 windows are open or when screen
doors or screen windows are the only obstacle
preventing the dog from exiting the structure.
3. All owners, keepers or harborers of dangerous
dogs within the City shall within ten (10) days from
the effective date of this ordinance 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 City shall issue two signs meeting the
requirements of this section upon payment of the
dangerous dog permit fee set forth in Section
9-4-4(A).
(C) No person owning or harboring or having the care of a
dangerous dog shall suffer or permit such dog to go
beyond the premises of such person unless such dog is
securely muzzled and restrained with a chain capable
of restraining the dog and not exceeding three feet
(31) in length.
(D) No person shall own or harbor any dog r.or permit
premises owned or controlled by him to be used for
the purpose of dog fighting nor permit a dog to
engage in dog fighting, or train, torment, badger,
bait or use any dog for the purpose of causing or
encouraging said dog to unprovoked attacks upon human
beings or domestic animals.
(E) No person shall possess with intent to sell, or offer
for sale, breed, or buy or attempt to buy within the
City any dangerous dog.
(F) Any person owning cr harboring or having the care of
any dangerous dog shall maintain a policy of
insurance in an amount not less than One Hundred
Thousand Dollars ($100,000.O0) insuring said person
against any claim, loss, damage or injury to persons,
domestic animals, or property resulting from the acts
of the dangerous dog. Such person shall produce
evidence of such insurance upon the request of a
police officer or animal warden and shall present
evidence of such insurance as a condition to
obtaining a dog license.
(G) In the event that a police officer or animal warden
has probable cause to believe that a dangerous dog is
being harbored or cared for in violation of
subsections (B), (C), or (D), he or she may petition
a court of competent jurisdiction to order the
seizure and impoundment of the dangerous dog pending
trial. In the event that a police officer or animal
warden has probable cause to believe that a dangerous
dog is being harbored or housed in violation of
subsections (C) or (D), he or she may seize and
impound the dangerous dog pending trial.
(H) Penalty.
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la. Whoever violates this section, except for
section (B)3, shall be fined in an amount not less
than $200.00 nor more than $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 $500.00, which fine shall be
mandatory and shall not be suspended or remitted.
Whoever is found guilty of violating this section
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more than two 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 $500.00, which fine shall
not be suspended or remitted. A violation of section
(B)3 shall cause a mandatory fine of $50.00 to be
imposed on the person found guilty of such offense.
lb. If the violation charged is a failure to
maintain the insurance coverage required by Section
9-4-17(F), in addition to any fine or other penalty
which may be imposed, the violator must present
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satisfactory evidence of said insurance to the Court
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as a condition to returning the dog to him or her.
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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,
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in connection with keeping the dog in its custody and
with destroying it,
2. Any dangerous dog which attacks a human being or
another domestic animal may be ordered destroyed when
in the court's judgment, such dangerous dog
represents a continuing threat of serious harm to
human beings or other domestic animals.
• 3. Any person found guilty of violating this section
I� shall pay prior to release of the dog from the City's
�I custody or its destruction, all expenses, including
shelter, food, and veterinary expenses necessitated
by the seizure cf any dog for the protection of the
public, and such other expenses as may be required
jfor the destruction of such dog.
(I) Appeal.
The owner of a dog deemed or designated by the Animal
Warden, his deputies,. or by a police officer to be a
dangerous dog because said dog meets at least one of
the criteria in Section 9-14-7 may file a written
request with the Chief of Police for review of said
categorization. Said request shall include proof
that the dog has a current City license and facts to
support the owner's belief that the dog is not
dangerous.' The Chief of Police or his designee shall
render a written decision within ten working days of
receipt of the request for review. The Chief or his
designee may extend the review period for an
additional ten working days upon good cause shown
upon written notification to the owner. The review
process shall be conducted in writing only. No
information may be presented orally.
• SECTION 5: That all sections subsequent to new
Section 9-4-17 be renumbered as follows:
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9-4-18: ANIMALS AS PRIZES
9-4-19: VIOLATION; FINE
SECTION 6: All ordinances cr parts of ordinances
in conflict herewith are hereby repealed.
SECTION 7: This ordinance shall be in full force
and effect from and after its passage,
approval, and publication in the manner provided by law.
Introduced: q�� 1987.
Adopted: 1987.
Approved: 1�1,�'il� �� 1987.
�� Mayor
ATTEST•
City Clerk
Ap roved a o form:
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Corporation ounsel