HomeMy WebLinkAboutOrdinance 52-O-26 (1) (1)
8/24/2026
52-O-26
AN ORDINANCE
Amending Title 9, Chapter 4, “Dogs, Cats, Animals, and Fowl”
WHEREAS, the City of Evanston is a home rule municipality under the Illinois
Constitution of 1970; and
WHEREAS, the City of Evanston, through its Animal Warden and the Evanston
Police Department, responds to citizen requests and complaints involving both domestic
and wild animals, provides guidance on animal control concerns, and issues citations
for violations of animal control ordinances; and
WHEREAS, in response to a recent increase in animal control complaints, the
City of Evanston desires to strengthen and clarify its regulations governing pet owners
whose pets create a public nuisance causing harm to the community;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON,
COOK COUNTY, ILLINOIS:
SECTION 1. Title 9, Chapter 4, Section 13, “Excessive Barking, Actions” is
hereby amended as follows:
9-4-13. EXCESSIVE BARKING, ACTIONS NUISANCES
(A) Nuisances. All owners and/or owners’ agents shall exercise proper care and
control of their domestic animals to prevent them from becoming a public nuisance,
such as disturbing the peace by loud noises at any time of the day or night, allowing the
premises to become unsanitary, or endangering neighbors or the general public.
(B) Prohibited Conduct. Owners and/or owners’ agents shall not allow their
domestic animal(s) to engage in nuisance conduct, including but not limited to domestic
animals that:
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(1) are not properly controlled;
(2) engage in Eexcessive, continuous or untimely barking, whining,
howling, or making other loud noises,
(3) molesting passersby, chasing persons or vehicles by chasing, barking
or biting,
(4) habitually attacking other domestic animals,
(5) trespassing upon school grounds or trespassing upon private property
in such manner as to damage property, shall be deemed a nuisance., or
(6) are present at any location designated by signs to be a prohibited area.
(C) Repeat Violations. A second or subsequent violation of this Section shall be
deemed a repeat violation subject to penalties pursuant to Section 9-4-20. An owner or
owner ’s agent involved in prohibited nuisance conduct may be considered a repeat
violator regardless whether the second or subsequent violation involves the same or a
different domestic animal. An owner may be considered a repeat violator regardless
whether the owner or an owner ’s agent commits the first violation.
(D) Nuisance Abatement. The Animal Control Warden or designee is hereby
authorized and empowered to take all actions necessary to abate said nuisance and
may for the purpose of abating said nuisance, enter upon private property in an
emergency; with the permission of the owner, agent of the owner, or lessor of the
premises; or upon attaining a warrant issued by the City’s adjudication hearing officer or
a court of competent jurisdiction.
SECTION 2. Title 9, Chapter 4, Section 17, “Dangerous Dogs” is hereby
amended as follows:
9-4-17. DANGEROUS DOGS.
(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:
a. Consideration of evidence pertaining to the temperament of the dog;
b. Evaluation of any and all testimony, documentation, or information
regarding any pending or prior complaints, citations, or arrests regarding the
animal; or
c. Any medical or veterinary evidence regarding the animal.
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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;
b. Any dog which attacks a human being or domestic animal without
provocation;
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;
d. Any dog owned or harbored primarily or in part for the purpose of
dogfighting or any dog trained for dogfighting;
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;
f. Any dog with a known propensity, tendency, or disposition to be
aggressive to other animals, including but not limited to causing serious physical
injury or death to an animal; or
gf. 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.
(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 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
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
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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 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 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.
(C) Off Premises: 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 (3') in length.
(D) Prohibited: No person shall own or harbor any dog nor permit premises owned or
controlled by him/her to be used for the purpose of dogfighting nor permit a dog to
engage in dogfighting, 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) 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.
(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.
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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.
(G) Violation: 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 Subsection
(B), (C), or (D) of this Section, he/she 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 Subsection (C) or (D) of this
Section, he/she or she may seize and impound the dangerous dog pending trial.
(H) Spay; Neuter; Microchip: Every owner of a dangerous dog must:
1.Spay/neuter the dangerous dog at the owner's expense; and
2. Have an identifying microchip implanted in the dangerous dog at the owner's
expense. The microchip must be implanted by a veterinarian authorized by the animal
warden. The owner or keeper shall provide the microchip number to the animal control
department for inclusion in the records.
(I) Penalty:
1.
a. Whoever violates this Section, except for Subsection (B)(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 violation. 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
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insurance to the court as a condition to returning the dog to him/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.
2. Any person found guilty of violating this Section shall be fined an amount as
established in Subsection 9-4-17(I)(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.
(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.
(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 3: Title 9. Chapter 4, Section 20, “Violation; Fine,” is hereby
amended as follows:
9-4-20. VIOLATION; FINE.
(A) Any person violating the provisions of this Chapter except for Section 9-4-19,
"Beekeeping", of this Chapter, must be fined not less than ten dollars ($10.00) nor more
than five hundred dollars ($500.00) for each offense, and a separate offense must be
deemed committed upon each and every day such violation continues.
(B) For violations of Section 9-4-19, "Beekeeping", of this Chapter any person not
in strict compliance with this Section must be fined not less than five hundred dollars
($500.00) for each offense, and a separate offense must be deemed committed upon
each and every day such violation continues. Additionally, any City beekeeping license
must be mandatorily revoked and no new City beekeeping license must be issued to
that person, or to any person living on the property where the apiary from which the
violation(s) arose was located, for a minimum of one year.
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(C) In the event a person is found guilty of a violation of Section 9-4-14 of this
Chapter, his/her permit to own, keep or harbor or have custody of animals must be
mandatorily revoked, and no new permit must be issued to that person for a minimum of
one (1) year.
SECTION 4: Title 9, Chapter 4, Section 21, “Responsible Pet Ownership,”
is hereby amended as follows:
9-4-21. RESPONSIBLE PET OWNERSHIP.
(A) Problem Pet Ownership. For purposes of this Chapter, a Problem Pet Owner
is a person who has been determined by an Administrative Adjudication Hearing Officer
or the circuit court to have committed: (1) three or more separate and unrelated
violations of Sections 9-4-14 (Cruelty to Animals), 9-4-16 (Wild, Vicious Animals) or
9-4-17 (Dangerous Dogs) of this Chapter, in one 36 month period; or (2) two or more
separate and unrelated violations of Sections 9-4-14 (Cruelty to Animals), 9-4-16 (Wild,
Vicious Animals) or 9-4-17 (Dangerous Dogs) of this Chapter at any time after having a
dog owned by him/her designated as a Dangerous or Vicious Dog.
(B) Irresponsible Pet Ownership. For purposes of this Chapter, an Irresponsible
Pet Owner is a person who has been determined by an Administrative Adjudication
Hearing Officer or the circuit court to have committed, within a one-year period, four or
more separate and unrelated violations of Sections 9-4-7 (Restraint of Animals
Required), 9-4-11 (Female Dogs or Cats in Heat), 9-4-12 (Control of Defecation), or
9-4-13 (Nuisances) of this Chapter.
(B) (C) Designation of Problem or Irresponsible Pet Owner: A person shall be
designated as a problem or an irresponsible pet owner when an Administrative
Adjudication Hearing Officer or the circuit court, at the request of the Police Department,
has conducted an evidentiary hearing, heard and considered evidence pertaining to
past violations of this Chapter by the person, and entered an order determining that the
person has committed the violations described in 9-4-21(A) or (B) and designating the
person as a Problem or an Irresponsible Pet Owner.
(C) (D) Notice of Hearing: A person whom the Police Department requests be
designated as a Problem or an Irresponsible Pet Owner shall be provided with written
notice of a hearing before the Administrative Adjudication Hearing Division or the circuit
court, in conformance with the procedures and the citation guidelines established in
Section 11-1-12, "Procedure," of this Code. In addition to the notice requirements set
forth in Section 11-1-12, the notice shall also set forth both (1) the names, descriptions,
and license numbers of any animals owned by or licensed to the person; and (2) a
summary of the impact of designation as a Problem or an Irresponsible Pet Owner, as
set forth in this Section.
(D) (E) Pre-Hearing Confinement of Animals: Upon service of notice pursuant to
this Section, all of the animals owned by the person whom the Police Department seeks
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to be declared to be a Problem Pet Owner may be impounded if the Chief of Police or
his/her designee determines that impoundment is in the interests of public safety or the
health and welfare of the animal(s). Upon such a determination, the Chief of Police or
his/her designee may require that all of the animals be held in an animal shelter or a
secure veterinary hospital until a hearing is held. If all of the animals are not impounded
prior to the hearing, the Owner shall comply with any and all requirements imposed by
the Chief of Police or his/her designee for the confinement and care of the animals
pending the hearing. Any failure to comply with any such requirement is a violation of
this Section, and each day of non-compliance will constitute a separate violation.
(E) (F) Bar On Licensing Or Owning Animals:
(1) Problem Pet Owners. If, after conducting a hearing, the Administrative
Adjudication Hearing Officer or the court determines that a person should be
declared a problem pet owner, all animal licenses held by that person will be
immediately revoked, and it shall be unlawful for that person to license or own
any animal in the City for a period of 24 months from the date of the entry of that
determination. Further, upon the determination by the hearing officer or the court
that a person is a Problem Pet Owner, the Problem Pet Owner must immediately
surrender all animals in his/her possession to the Chief of Police or his/her
designee.
(2) Irresponsible Pet Owners.
(a) If, after conducting a hearing, the Administrative Adjudication
Hearing Officer or the court determines that a person should be declared
an irresponsible pet owner, the Administrative Adjudication Hearing Officer
or the court shall proceed to issue a discretionary determination on
whether some or all animal licenses held by that person should be
revoked.
(b) In making this discretionary determination, the Administrative
Adjudication Hearing Officer or the court shall consider the following
factors: (i) the total number and severity of violations; (ii) harm caused to
the community, including to any injured persons or animals; (iii) the pet
owner’s attempts to mitigate any such harm; and (iv) any other factors the
Administrative Adjudication Hearing Officer or the court deem relevant.
(c) If the Administrative Adjudication Hearing Officer or the court
determine that some or all animal licenses held by an irresponsible pet
owner should be revoked, it shall be unlawful for that person to license a
new animal in the City for a period of 12 months from the date of the entry
of that determination. Further, upon such a determination, the
irresponsible pet owner must immediately surrender animals with revoked
licenses in his/her possession to the Chief of Police or his/her designee.
SECTION 5: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
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SECTION 6: 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 the invalid application or provision, and each invalid application of this
Ordinance is severable.
SECTION 7: This Ordinance shall be in full force and effect beginning
upon passage.
SECTION 8: 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: _________________, 2026
Adopted: ___________________, 2026
Approved:
__________________________, 2026
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Alexandra B. Ruggie, Corporation Counsel
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August 24
September 14