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HomeMy WebLinkAboutOrdinance 15-O-25 Amending Title 9, Chapter 4 of the City Code7/7/2025 15-O-25 AN ORDINANCE Amending Title 9, Chapter 4 of the City Code WHEREAS, the Evanston Animal Shelter (“Animal Shelter”) takes in approximately hundredtwo stray, domesticatedunrestrained year,eachanimals primarily dogs and cats; and WHEREAS, all Shelter,Animaltheat arrival upon such arestrays checked for tags or microchips in an attempt to identify the animal’s owner. Where an owner is identified, the Animal Shelter must hold the animal for seven days pursuant to Illinois state law; and WHEREAS, throughidentifiedbecannot such stray’s where owner microchip, tags, or other means, it is extremely unlikely, in the Animal Shelter’s experience, that an owner will be identified , especially when no owner comes forward within the first four days after impoundment; and WHEREAS, the Animal Shelter has a limited amount of space and resources available to care for impounded animals and desires, where possible, to release animals to rescue organizations as quickly as possible if they are not returned to an owner; and WHEREAS, the Animal Shelter is also involved in the continued Trap, Neuter, Release (“TNR”) efforts with respect to fe ral, undomesticated cats and groups of cats (feral cat colonies); and 1 of 6 15-O-25 WHEREAS, in order to control the population of feral cats in Evanston and decrease the spread of diseases such as rabies, the Animal Shelter takes in feral cats via the TNR program, vaccinates them, and arranges for their sterilization procedures ; and WHEREAS, said feral cats, because they have never been or are no longer socialized to humans, are extremely stressed when in the presence of humans ; and WHEREAS, feral cats that are trapped and held at the Evanston Animal Shelter suffer extreme distress due to the contact with humans and being caged while they recover from the neuter or spay procedure; and WHEREAS, unlike cats that have owners that must be notified and given ample opportunity to retrieve their animal(s), these feral cats have no owners and therefore themholding necessary absolutelylongerthan after posttheir-surgery recovery endangers handlers and needlessly prolongs the animal’s extreme distress and anxiety; and WHEREAS, the Illinois Animal Control Act, 510 ILCS 5/10 provides that the by sodomay animals redeemof wishwhoanimals impoundedowners to presenting proof of current rabies inoculation and registration or by paying for rabies inoculation and registration; paying the impoundment entity for the cost of boarding the animal; paying an additional impoundment fee as prescribed by the County animal control board; paying a $25 public safety fine to be deposited in the county animal control fund; and paying for microchipping and registration if not already done; and 2 of 6 15-O-25 WHEREAS, the Evanston City Council finds that it is in the best interest of the City of Evanston residents to amend the City Code to reduce the amount of time that feral cats and stray, socialized animals with no identifiable owner must be held at the Evanston Animal Shelter. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Title 9, Chapter 4 of the Evanston City Code of 2012, as amended, is hereby further amended as follows: TITLE 9 – PUBLIC SAFETY CHAPTER 4 – DOGS, CATS, ANIMALS AND FOWL 9-4-8. - IMPOUNDMENT PROCEDURES. (A) As used in this section, the following words, terms, and phrases have the following meanings: DOMESTICATED ANIMAL: An animal that is socialized to humans and is appropriate as a companion to humans FERAL: A cat that is: (1) born in the wild or is the offspring of an owned or feral cat and is not socialized, or (s) a formerly owned cat that has been abandoned and is no longer socialized MICROCHIP: An electronic animal identification device implanted in an animal OWNER: Any person having a right of property in an animal or who keeps or harbors an animal. “Owner” does not include an 3 of 6 15-O-25 individual or entity that provides food, water, or shelter to, or otherwise cares for, a feral, unsocialized cat or group of such cats. (B) Disposition of Unredeemed Animals: Unrestrained dogs may be taken by police or the animal control officer and impounded in an animal shelter, and confined in a humane manner. Impounded animals whose owner is identifiable, because of license tag, microchip, or other means must kept for not less than seven (7) days unless reclaimed, upon a showing of proof of rabies inoculation by their owners. Impounded, domesticated animals whose owner is not identifiable must kept for not less than four (4) days unless reclaimed, upon a showing of proof of rabies inoculation by their owners. If the owner can be identified by a license tag or other means, the Animal Control Warden must immediately upon impoundment notify the owner by telephone or mail of the impoun dment of the animal. Domesticated A animals not claimed by their owners within seven (7) days the time period set forth in this section become the property of the City of Evanston and any such animal's subsequent disposition will be in accordance with the policies and procedures set forth by the City of Evanston. (C) Disposition of Feral Cats: Feral cats shall, when appropriate in the discretion of the Animal Warden or the Animal Warden’s designee, be vaccinated and sterilized by a licensed veterinarian and released from the Animal Warden’s custody and control as soon as practicable and humane after such procedures are complete. Where, in the sole discretion of the Animal Warden or the Animal Warden’s designee, release is inappropriate due to disease or other reasons, the Animal Warden or the Animal Warden’s designee shall contact the Cook County Department of Animal and Rabies Control or its successor department for further instructions. (D) Redemption of Impounded Animals. An owner claiming an impounded animal shall pay a fee of ten twenty-five dollars ($10.00 $25.00) plus three dollars ($3.00) for each day that the animal has been impounded; provided, however, that where such animal is unlicensed, the fee shall be increased by the cost of the license, said amount to include the issuance of a license. (E) Option of Animal Control Warden to Proceed Against Owner For Violation . In addition to the authority granted in Subsection (A) of this Section 9-4-8, the Animal 4 of 6 15-O-25 Control Warden, or a police officer, shall issue to any person violating any provisions of this Chapter a notice of ordinance violation. Such notice shall disclose the penalty provided by ordinance for such violation which may, at the discretion of the violator, be paid to the City Collector within ten (10) days of the issuance of said notice in full satisfaction of the assessed penalty. In the event that such penalty is not paid within the ten (10) day period, a complaint may be filed in the circuit court of Cook County and upon conviction thereof the violator shall be punished in accordance with the provisions of Section 9-4-20 of this Chapter. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without thisof applicationeachandinvalidorapplicationinvalidtheprovision, Ordinance is severable. SECTION 4: This Ordinance shall be in full force and effect after its passage and approval. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 202 5 Adopted: ___________________, 202 5 _______________________________ Daniel Biss, Mayor July 7 September 29 Approved: _________________________, 2025 5 of 6 Attest: _______________________________ Stephanie Mendoza, City Clerk 15-O-25 Approved as to form: _________________________________ Alexandra B. Ruggie, Corporation Counsel 6 of 6