HomeMy WebLinkAboutORDINANCES-1974-043-O-74•
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AN ORDINANCE
Amending Chapter 5 of the Code
of the City of Evanston, as
Amended Relating to Animals
and Fowl.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON,
COOK COUNTY., ILLINOIS:
SECTION 1: That Chapter 5 of the Code of the City of
Evanston, 1957, as amended, is hereby amended
to read as follows:
"Chapter 5. Animals and Fowl
5-1. Definitions of terms used in this Chapter.
5-2. License - Required; due date.
5-3. Same - administration.
5-4. Same - application; requirements.
5-5. Same - fees.
5-6. Same - Period of validity; transferral.
5-7. Same - Revocation.
5-8. Same - Tag.
5-9. Restraint of Animals Required.
5-10. Impoundment of Dogs running at large;
Disposal of unredeemed animals.
5-11. Redemption of Impounded Animals.
5-12. Option of Animal Control Warden to proceed
against owner for violation.
5-13. Female dogs or cats in heat.
5-14. Excessive barking and other actions
by animals creating public nuisance.
5-15. Cruelty to animals.
5-16. Wild animals.
5-17. Animals.as prizes.
5-18. Rabies procedure when animal is suspected
of having rabies - release of animal.
5-18.1 Same - Where animal's vaccination was recent
or face wounds were inflicted.
5-19. Same - Duty of owner to surrender animal.
5-20. Killing of rabid animals prohibited except
in emergency.
5-21. Birds.
5-22. Domestic Pets of Non -Residents.
5-23. Powers of Animal Control -Warden.
5-24. Prohibition of certain species of
animals from City.
5-25. Quarantine.
5-26. Duty of Owner to abate fecal nuisance committed
by dog.
5-27. Violation of ordinance - misdemeanor; fine.
5-28. Severability of ordinance.
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Section 5-1. Definitions 'of terms used in this Chapter.
As used in this ordinance the following terms mean:
Animal: Any non -human living creature, domestic or wild;
Animal Control Warden: The Chief of Police shall be
ex officio animal control warden for the City. Provision
shall be made for the appointment of such deputy or
deputies as may be necessary;
Animal Shelter: Any premises designated by City adminis-
trative authority for the purpose of impounding and caring
for animals held under authority of this ordinance;
Circus: A non-resident variety show 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;
Person: An individual, partnership, company or corporation;
Pet Shop: Any person, partnership or corporation engaged
in the business of breeding, buying, selling, or boarding
animals of any species;
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 Exhibit: Any exhibition or act featuring per-
forming animals;
Veterinary Hospital: Any establishment maintained and
operated by a licensed 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 Garden: Any park or zoo operated by a person
• . or. private corporation.
Section 5-2. License - Required; due date. No person
shall, without first obtaining a permit therefore in
writing from the Finance Director, own, keep, harbor, or
have custody of any animal over four months of age,
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provided, however, that nothing contained herein shall be
construed to require the owners of small cage - birds,
aquatic and amphibian animals, small cage -rodents, or non-
poisonous snakes less than three feet in length, which
are kept solely as pets, to obtain such permit. Such
license shall be obtained on or before the first day of
May in each year, except for an animal less than four
months old on that day, in which case, a license shall be
procured when the animal attains that age.
Section 5-3. Same - Administration. The Finance Director
shall promulgate regulations governing the issuance of
permits and for compliance with all provisions of this
ordinance and other applicable state and local laws.
Section 5-4. Same - 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, or his deputy, or
by 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 certifi-
cate of inoculation.
Section 5-5. Same - fees. Upon the furnishing of the in-
formation required by Section 4 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 payment of the applicable fee, as follows)
(a) for each male dog, or spayed dog $5;
(b) for each male cat, or spayed cat, $3;
(c) for each unspayed female dog, $20.
• (d) for each unspayed female cat, $10.
(e) for each animal of other domestic species, $_-;
(f) for each kennel or pet shop, covering all
animals kept during the year, $50;
(g) for any zoological garden or animal act,
covering all animals kept, $100;
(h) no fee shall be required of any humane so-
ciety, veterinary hospital, or municipal
animal control facility.
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Section 5-6. Same - Period of Validity; transferral.
A permit, if not revoked, shall be valid until
the last day of April following the date of
issuance. A new permit shall be obtained each
year by every owner and a new fee paid. If there
is a change in ownership of.an animal or facility,
the new owner may have the current license trans-
ferred to his name upon payment of a one dollar
($1.00) transfer fee.
Section 5-7. Same - revocation. The Finance Director may
revoke any permit if the person holding the permit
refuses or fails to comply with this ordinance,
the regulations promulgated by the Director, or any
state or local law governing cruelty to animals or
the keeping of animals. Any person whose permit is
revoked shall, within ten days thereafter, humane-
ly dispose of all animals being owned, kept or har-
bored by such person and no part of the permit fee
• shall be refunded. It shall be a condition of the
issuance of any permit to any owner of animals kept
for commercial purposes that the Animal Control
Warden or Veterinarian acting for the City of
Evanston shall be permitted to inspect all animals
and the premises where animals are kept at any time
and the Finance Director shall, if permission for
such inspections is refused, revoke the permit of
the refusing owner.
Section 5-8. Same - Tag. Upon issuing a permit to keep
any animal, the Finance Director shall issue to the
owner a durable tag or identification collar,
stamped with an identifying number and with the
year of issuance. Tags should be so designed that
they may conveniently be fastened to the animal's
collar or harness. Animals must wear identification
tags or collars at all times when they are off the
premises of the owner. The Finance Director shall
maintain a record of the identifying numbers and
shall make this record available to the public.
Section 5-9. Restraint of Animals Required.
(a) All animals except cats shall be kept under
restraint.
(b) It shall be unlawful for any animal, even though
• on leash, to be or enter upon any public hall, res-
taurant, confectionary shop, coffee shop, ice
cream or soft drink establishment,.office, store,
grocery, meat market,.bakery or any store or shop
for the sale of food, except any shop for the
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sale of animal pets, anywhere within the City,
during the time that any of such places or estab-
lishments are open for use by the public or persons
entitled to use the same.
(c) It shall be unlawful for any dog or cat, even
though on leash, to go or be upon any school
premises, public playground, public bathing beach
or public park within the City or upon a path or
sidewalk extending through or within any school
premises, public playground, public bathing beach
or public park within the City.
(d) The provisions of this section shall not apply
to dogs leading blind persons.
Section 5-10. Impoundment of Dogs running at large;
disposal of unredeemed animals. Unrestrained dogs
may be taken by police or the animal control officer
and impounded in an animal shelter, and there con-
fined in a humane manner. Impounded animals shall
be kept for not less than ten days unless reclaimed,
upon a showing of proof of rabies inoculation by
their owners. If by a permit tag or by other means
the owner can be identified, the animal control
warden shall immediately upon impoundment notify the
owner by telephone or mail of the impoundment of the
animal. Animals not claimed by their owners within
ten days, or placed in suitable new homes, shall be
humanely euthanized by the animal control warden or
by an agency delegated by him to exercise that.
authority.
Section 5-11. Redemption of Impounded Animals. An owner
reclaiming an impounded animal shall pay a fee of
$10 plus $3 for each day that -the animal has been
impounded, provided, however, that where such ani-
mal is unlicensed the fee shall be increased by the
cost of the license, said amount to include the
issuance of a license.
Section 5-12. Option of Animal Control Warden to proceed
• against owner for violation. In addition to, or
in lieu of, impounding an animal found at large,
the animal control warden or police officer may
issue to the known owner of such animal a notice of
ordinance violation. Such notice shall impose upon
the owner a penalty of $10 which may, at the dis-
cretion of the animal owner, be paid to the City
Collector within 3 days in full satisfaction of the
assessed penalty. In the event that such penalty
is not paid within the time period prescribed, a
complaint shall be initiated in the Circuit Court
of Cook County and upon conviction of a violation
of this ordinance, the owner shall be punished as
provided in Section 27 of this ordinance.
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Section 5-13. Female dop-s or cats in heat. Every female
dog or cat in heat shall be confined in a building
or secure enclosure in such manner that such femalE
dog or cat cannot come into contact with another
animal except for planned breeding.
Section 5-14. Excessive barking and other actions by
ls creating public nuisance. No owner shall
fail to exercise proper care and control of his
animals to prevent them from becoming a public nui-
sance. Excessive, continuous or untimely barking,
molesting passersby, chasing vehicles, habitually
attacking other domestic animals, trespassing upon
school grounds, or trespassing upon private proper-
ty in such manner as to damage property, shall
be deemed a nuisance.
Section 5-15. Crueltv.to animals. No owner shall fail to
provide his animals with sufficient good and whole-
some food and water, proper shelter and protection
from the weather, veterinary care when needed to
prevent suffering, and with humane care and treat-
ment. No person shall beat, cruelly ill-treat,
torment, overload, overwork, or otherwise abuse an}
animal, or cause or permit any dog fight, or other
combat between animals or between animals and
humans. No owner of an animal shall abandon such
animal. No person shall crop a dog's ears except
upon the issuance of a signed certificate therefor
by a licensed veterinarian who shall perform such
an operation.
Section 5-16. Wild animals. No person shall keep or per-
mit to be kept on hisiremises any wild or vicious
animal. This section shall not be construed so as
to apply to a zoological garden, theatrical exhibit
or circus as defined in Section 1 of this ordinancE,
except that no theatrical exhibit or act shall be
held in which animals are encouraged to perform
through the use of chemical, electrical, or
mechanical devices.
Section 5-17. Animals as prizes. No person shall give
• away any live vertebrate animal as a prize for,
or as an inducement to enter, any contest, game or
other competition, or as an inducement to enter a
place of amusement; or offer such vertebrate as an
incentive to enter into any business agreement
whereby the offer was for the purpose of attract-
ing trade.
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Section 5-18. Rabies - procedure when animal is suspected
of having rabies - release of animal. All animals
which have attacked,bitten, scratched or otherwise
injured any person so as to cause an abrasion or
breaking of the skin of such person shall be im-
pounded for a period of not less than 10 days.
If, however, a licensed veterinarian or rabies
inspector receives information and evidence that
the animal has been previously vaccinated in
accordance with the requirements of the State of
Illinois, then said animal shall be confined eithe-
in a kennel under veterinary supervision or said
animal shall be confined to the house of the said
owner and shall not be permitted upon the public
streets, unless, in the judgment of the rabies in-
spector or the licensed veterinarian, circumstan-
ces are such that the dog or other animal should
be confined elsewhere. If said animal shall be
confined within a private home, it shall not be
• permitted to leave the home of the owner unless
such dog or other animal is under the supervision
of an adult, but, under no circumstances shall sucA
animal be permitted upon the public streets. It
shall be presented for examination and observation
by a licensed veterinarian on the first, fifth,
and tenth days of a ten day period, commencing
within 24 hours of the date of the bite. All re-
ports of bites received by a veterinarian shall be
reported in writing to the rabies inspector within
24 hours after the dog or other animal is confined
and such report shall contain the owner's name,
address, the date of confinement, the breed, des-
cription, age and sex of the dog or other animal.
Upon the completion of confinement of the dog or
other animal for the 10 day period, the veterinar-
ian shall notify the rabies inspector and the local
health department in writing of the final dispos,i-
tion of the dog or other animal. Failure to comply
with the provisions hereof shall subject the owner
of such dog or animal to a fine of not less than
twenty-five dollars ($25.00) nor more than five
hundred dollars ($500.00) for each and every day
that the violation continues.
• Section 5-18.1. Same - Where animal's vaccination was re-
cent or face wounds were inflicted., Nothing to
the contrary herein contained, the owner of a
biting dog or other animal having had his animal
properly vaccinated for the first time, less than
30 days prior to the biting incident, or where the
dog or other animal has inflicted face wounds, it
shall then be impounded for the full ten days,
under the supervision of a veterinarian, or at
the municipal impounding facility.
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Section 5-19. Same - Duty of owner to surrender animal.
The owner or custodian of any dog suffering from
or suspected to be suffering from rabies as pro-
vided in Section 5-18 of this code shall surrender
possession of such dog to any police officer of
the City on demand.
Section 5-20. Killing of rabid animals prohibited except
in emergency. Except in cases of emergency, no,
police officer or other person shall kill, or
cause to be killed, any animal suspected of being
rabid. If after the animal has been placed in
quarantine, a licensed veterinarian tentatively
diagnoses rabies in that animal, then the animal
shall be allowed to die by natural cause after
which the head of such animal will be sent to a
laboratory for pathological examination and con-
firmation of the diagnosis.
• Section 5-21. Birds. Any person who shall kill, wound or
attempt to kill or wound, any game or song bird in
the City or shall take the eggs or young of any
such bird shall be guilty of an offense and sub-
ject to the penalty prescribed by Section 5-27 of
this code.
Section 5-22. Domestic Pets of Non -Residents. The sec-
tions of this ordinance requiring a permit shall
not apply to non-residents of the City who are
keeping only domestic pets, provided that animals
of such owners shall not be kept in the City longer
than 30 days and that the animals are kept under
restraint.
Section 5-23. Powers of Animal Control Warden. The Ani-
mal Control Warden or his deputies shall have
police powers in the enforcement of this ordinance
and no person shall interfere with, hinder, molest
or abuse said Animal Control Warden or his deputies:
.in the exercise of such powers.
Section 5-24. Prohibition of certain species of animals
from City. It shall be unlawful, and is hereby
declared a nuisance for any person to keep, or
allow to be kept, any animal of the species of
• horse, mule, swine, sheep, goat, cattle, poultry,
skunks or poisonous reptiles within the corporate
limits of the City.
Section 5-25. Quarantine. Whenever the number of danger-
ous dogs, or dogs suffering from rabies, running
at large in the City, shall be such as to endanger
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the public health, public safety or general wel-
fare, the City shall apply to the Illinois Depart -
went of Agriculture for a quarantine. A
proclamation of the City Manager containing such
declaration shall be published at least once in
some newspaper of general circulation in the City.
After the first publication of such proclamation
by the City Manager, it shall be unlawful for the
owner or custodian of any dog to permit such dog
to be at large contrary to the terms of such
proclamation.
Section 5-26. Duty of owner to abate fecal nuisance com-
mitted by dog. If any dog shall commit a nuisance
on any street, sidewalk, alley or public place in
the City, or upon any private property, other than
that of the dog owner, the owner or agent of the
• owner having control of said dog shall immediately
abate said nuisance by cleaning the premises and
removing the subject matter of the nuisance.
Section 5-27. Violation of ordinance - misdemeanor; fine.
.Any person violating any provision of this or-
dinance shall be deemed guilty of a misdemeanor
and shall be punished by a fine of not less than
$10 nor more than $200. If any violation be con-
tinuing, each day's violation shall be deemed a
separate violation. If any person be found guilty
by a court of violating Section 15, his permit to
awn, keep, harbor or have custody of animals shall
be deemed automatically revoked and no new permit
may be issued for a period of one year.
Section 5-28. Severability of ordinance. If any part of
this ordinance shall be held invalid, such part
shall be deemed severable and the invalidity there-
of shall not affect the remaining parts of this
ordinance."
SECTION 2: All ordinances or portions of ordinances in
conflict with the terms of this ordinance are
0 hereby repealed.
SECTION 3: This ordinance shall be in full force and
effect from.and after its passage, approval
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and publication in the manner provided by law.
Introduced M�3, , , 1974
Adopted May 20 1974
Approved Ma,, Wn
F.rlgar Vnnnaman Jr..
Mayor
Attest:
• /s/ Maurice F. Brown
City Clerk
Approved as to form: /s/ Jack M_ R1a*Pl
Corporation Counsel
Published: May 30, 1974
Code page: 78 A
1
1974