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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: Page 1 of 9 (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. Page 2 of 9 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 Page 3 of 9 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. Page 4 of 9 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 Page 5 of 9 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. Page 6 of 9 (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 Page 7 of 9 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. Page 8 of 9 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 Page 9 of 9 August 24 September 14