[HISTORY: Adopted by the City Council of the City of Lexington 2-23-1998 by Ord. No.
1998-3 (Ch. 11 of the 1998 Code); amended in its
entirety 8-13-2012 by Ord. No. 2012-14. Subsequent amendments noted where
applicable.]
[Amended 11-9-2015 by Ord. No. 2015-9]
As used in this chapter, the following terms shall have the
meanings indicated:
Any and all types of animals, including all biped and quadruped
organisms other than humans, both domesticated and wild, male and
female, singular and plural.
An administrator, director, deputies and agents of the animal
shelter under contract with the City to provide animal control services,
the McLean County Animal Control Director and its designee, or an
animal control officer of the City appointed by the Mayor. The Chief
of Police of the City and the City's law enforcement officers are
also empowered to enforce the provisions of this chapter. The Mayor
may delegate the responsibilities and powers of the Mayor defined
herein for conducting investigations, issuing citations, enforcement
and issuing orders regarding dangerous animals, vicious dogs, hearings
and ruling to a City Animal Control Officer. The City Animal Control
Officer will serve for a term of one year or until replaced or removed
by the Mayor.
Off the premises of the owner and not under the immediate
control of either the owner or a person the owner has designated to
be in control. However, if an animal under the control of a City official
or veterinarian escapes and runs loose, it shall not be considered
"at large."
The infliction of a break in the skin or a wound by the teeth
of an animal.
A securely locked pen, kennel or structure of at least six
feet in height designed and constructed for the keeping of a vicious
dog and designed, constructed and maintained in accordance with the
standards set forth herein. Such pen, kennel or structure must have
secure sides and a secure top attached to the sides, as well as be
suitable to prevent the entry of young children. All structures used
to confine vicious dogs must be locked with a key or combination lock
when such animals are within the structure and left unattended. Such
structure must have a secure bottom or floor attached to the sides
of the pen, or the sides of the pen must be embedded in the ground
not less than two feet. All structures erected to house vicious dogs
must comply with all zoning and building regulations of the City.
All such structures must be adequately lighted, ventilated and kept
in a clean and sanitary condition.
Includes, but is not necessarily limited to, the following:
Overloading, overdriving, overworking, beating, torturing, abusing,
tormenting, knowingly poisoning, knowingly attempting to poison, mutilating
or killing any animal, or causing or knowingly permitting the same
to be done.
Working any old, lame, infirm, sick or disabled animal, or causing
or knowingly permitting the same to be done.
Unnecessarily failing to provide an animal in one's charge or
custody as owner or otherwise with proper food, drink and proper sanitary
shelter.
Abandoning any old, lame, infirm, sick or disabled animal by
leaving such animal on any highway or public way or in any other place
where it may suffer injury, hunger, exposure or become a public charge.
Any animal which, when either unmuzzled, unleashed, or unattended
by its owner, or a member of its owner's family, in a vicious or terrorizing
manner, approaches any person in an apparent attitude of attack upon
streets, sidewalks, any public grounds or places, or private property
not owned or controlled by the owner.
Any and all animals of the canine family.
Taken into custody by McLean County Animal Control or placed
for observation with a licensed veterinarian.
A professionally trained dog used by law enforcement officers
for law enforcement purposes and activities. Such dogs are defined
by their law enforcement function and do not include dogs privately
owned by a law enforcement officer that are not trained and used for
actual law enforcement.
A cord, chain, rope, strap or other such physical restraint
having a minimum tensile strength of not less than 300 pounds.
A device constructed of strong, soft material or a metal
muzzle designed to prevent the dog from biting any person or animal.
The muzzle must be made in a manner which will not cause injury to
the dog or interfere with its vision or respiration but must prevent
it from biting any person or animal.
To pinch or squeeze with teeth with no breaking of skin or
tissue.
Any person, firm, corporation, organization or department
owning, possessing, harboring, keeping or otherwise in control of
an animal within the City. For purposes of this chapter, the person
in possession of an animal shall be presumed to be its owner.
Fees for reimbursement to the City for costs incurred when
impounding an animal and enforcing this chapter, which include the
handling and processing of the animal's entry and exit into the animal
shelter. This fee shall not include boarding, medical or transportation
costs incurred by the shelter in keeping such animal.
A system of tying a dog or other animal in place with either
a rope or chain having a minimum tensile strength of not less than
300 pounds and not exceeding 10 feet in length. The rope or chain
must be securely fastened to a permanent, nonmovable object and prevent
the animal from climbing, digging, jumping or otherwise escaping under
its own volition.
Any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
To capture, or attempt to capture, by setting or placing
a leghold trap, bodygripping trap, cage or live trap or other similar
device to capture, hold or kill game or furbearing animals.
Any individual dog that when unprovoked bites or attacks a human
being or other animal either on public or private property.
In addition to Subsection A, any individual dog designated as a vicious dog pursuant to this chapter, because it:
Has a known propensity, tendency or disposition to attack without
provocation, to cause injury, or to otherwise endanger the safety
of human beings or domestic animals; or
Is owned or harbored primarily or in part for the purpose of
dog fighting or is trained for dog fighting; or
Is reported to be a dangerous dog upon two separate occasions.
No dog shall be deemed vicious if it bites, attacks, or menaces
a trespasser on the property of its owner, anyone assaulting its owner,
anyone who has tormented or abused it, or is a professionally trained
dog used for law enforcement or guard duties.
[Amended 11-9-2015 by Ord. No. 2015-9]
A.
Cruelty prohibited. No person shall engage in cruelty to animals,
and any person who inhumanely beats, underfeeds, overloads, or abandons
any animal shall be deemed guilty of a violation of this chapter.
B.
Dangerous animals. It shall be unlawful to permit any dangerous animal
or vicious animal of any kind to run at large within the City; exhibitions
or parades of animals which are ferae naturae in the eyes of the law
may be conducted only upon securing a permit from the City Mayor.
C.
Noises. It shall be unlawful to harbor or keep any animal which disturbs
the peace by loud noises at any time of the day or night.
D.
Running at large. No domestic animal, including horses, mules, cattle,
sheep, swine, domestic fowl of the species of geese, ducks, turkeys,
chickens, goats, dogs or any other animal, shall be suffered, allowed,
or permitted to run at large within the limits of the City. It shall
be unlawful for any person to own or keep any such domestic animal
or fowl which is running at large within the limits of the City. It
shall not be a defense that the owner or possessor of such an animal
did not allow or permit the animal to run at large. It shall not be
a defense that the animal was running at large despite the use of
an underground fence, electric collar or other electronic device intended
to restrain the movement of the animal. Any animal found upon any
public street, sidewalk, alley, parkway or any unenclosed place shall
be deemed running at large unless such animal is firmly held by a
leash or is in an enclosed vehicle. Any domestic animal or fowl found
running at large or a dangerous and/or vicious animal as defined in
this chapter or as defined in 510 ILCS 5/15 shall be considered a
nuisance and apprehended and impounded. Any such animal shall be impounded
in accordance with the procedures set forth in this chapter. The provisions
of this subsection shall not apply to:
[Amended 6-24-2024 by Ord. No. 2024-5]
(1)
Shows while on public land set aside for these purposes;
(2)
While on the private property of others with the actual consent of
the owner of such private premises;
(3)
Bloodhounds or other dogs used for tracking in conjunction with police
activities; or
(4)
Dogs of the canine corps of any police force, the state police, any
federal law enforcement agency or the Armed Forces while being used
to conduct official business or being used for official purposes.
E.
Destruction of private property by animal. It shall be unlawful for
any owner or possessor of any animal to permit such animal to damage
or destroy any personal property of another person.
F.
Threatening or annoying dogs. It shall be unlawful for any owner
or possessor of any dog to permit such dog to cause reasonable fear
of bodily injury to any person or animal by attacking or threatening
to attack such person or animal, or to permit such dog to jump upon
any person to the annoyance of said person.
G.
Duty upon striking animal with motor vehicle. It shall be unlawful
for any person who kills or injures any animal while driving a motor
vehicle to leave the scene of the accident without first stopping
and rendering such assistance as is practical. Such person shall immediately
report the incident to the Police Department.
H.
Abandoning animals within the City. It shall be unlawful for any
owner or person in control of any animal to abandon such animal within
the City.
I.
Keeping animals in sanitary condition. Every owner or person in possession
of an animal shall maintain his animal in a clean and sanitary condition.
J.
Offensive odors. It shall be unlawful for any person to cause or
permit offensive odors to emanate from the premises where he keeps
any animal.
K.
Female dogs in heat.
L.
Animal trapping prohibited. It shall be unlawful for any person to
trap or take any furbearing mammal within the City except when the
City's Department of Public Works or Police Department finds it necessary
to do so to promote the health, safety and welfare of the residents
of the City.
M.
Collar required. No person shall own, possess, keep, maintain or
harbor any dog or cat over four months of age within the City without
providing such dog or cat with a collar to be worn when said animal
is outside a secure enclosure. Collars for dogs shall be of sufficient
strength to control and restrain the animal without injury to the
animal. Animals restrained by rope or chains must have collars.
N.
Humane care of animals. No owner shall fail to provide his/her animal
with:
(1)
Sufficient nutritious food;
(2)
Fresh clean water at all times;
(3)
A shelter which has four sides, roof, floor and bedding. The shelter
shall be of sufficient size to permit such animal to stand up and
turn around inside when fully grown and allow retention of body heat.
The shelter shall be placed to provide shade from the sun and protection
from the weather; and
(4)
Regular and sufficient veterinary care to prevent suffering and maintain
health.
O.
Impoundment of victimized animals. In the event that the animal control
agent finds a domestic animal to be a victim of cruelty, neglect or
abandonment as defined by this chapter, he shall have the right to
forthwith remove or cause to have removed any such animal to a safe
place for care or to euthanize such animal when necessary to prevent
further suffering, all at the owner's expense. Return to the owner
may be denied or withheld until the owner shall have made full payment
for all expenses incurred. Treatment of an animal by any method specified
in this section does not relieve the owner of liability for violations
and for any accrued charges.
P.
Diseased and injured animals.
(1)
No diseased or sickly horse, cow, hog, dog, cat, or other animal
nor any that has been exposed to any disease that is contagious among
such animals shall be brought into the City unless under veterinary
care.
(2)
Any animal, being in any street or public place within the City,
appearing, in the estimation of the animal control agent or any inspector
of the County Health Department, to be injured or diseased and past
recovery for any useful purpose, and not being attended and properly
cared for by the owner or such proper person to have charge thereof
for the owner, and not having been removed to some private premises
or to some place designated by the animal control agent or inspector
within one hour after being found or left in such condition, may be
deprived of life as directed by such officer of agent.
(3)
No person, other than inspectors or officers of the County Health
Department or law enforcement officers, or persons authorized by contract
or otherwise, shall in any way interfere with the removal of such
dead, sick or injured animal in such street or place. No person shall
skin or wound such animal in any street or public place, unless to
terminate its life as herein authorized; except that the owner or
person having control of such animal may terminate the life thereof
in the presence and by the consent of a law enforcement officer, an
inspector of the County Health Department or the animal control agent.
R.
Reporting animal bites required. Persons having knowledge of someone
being bitten by an animal must report, within 24 hours, to the City
Police Department or animal control agent.
S.
Harboring stray animal restricted. No person shall harbor, keep,
care for, feed or allow to remain on his or her property any stray
domestic animal without notifying the animal shelter within 48 hours.
T.
Liberation of owned animals prohibited. No person shall remove from
restraint or release from confinement any animal belonging to another
person, unless in an emergency or with the consent of the owner.
U.
Liberation of impounded or captured animals prohibited. It shall
be unlawful for any person to liberate or to attempt to liberate any
animal impounded under the provisions of this chapter from a place
of confinement or from within a vehicle used for confinement and conveyance
to the animal shelter.
V.
Interference with animal control agent. It shall be unlawful for
any person to obstruct, impede or interfere with the animal control
agent or any of his/her delegates or the police in the performance
of their duties, or to prevent or attempt to prevent the animal control
agent or any of his delegates or the police from capturing or impounding
any animal within the City.
W.
Provoking animals prohibited: It shall be unlawful for any person
to intentionally provoke any animal so as to create a nuisance to
the neighborhood or cause a violation of any provisions of this chapter.
X.
Powers of the animal control agent. The animal control agent shall
investigate and keep a record of every person bitten by any animal
within the City, shall impound and dispose of according to the provisions
of the chapter all animals running at large, animals causing a nuisance
and dangerous animals and shall remove and impound any injured animals
that have been abandoned or neglected whenever they are found in the
City. The animal control agent shall be further empowered to enforce
the provisions of this chapter and the Illinois Animal Act and the
Humane Care of Animals Act to protect the welfare and health of the
citizens and animals.
Y.
Redemption by owner or owner's delegate.
(1)
The owner of every animal impounded by the animal control agent or
officer, if known, shall be notified of the time and date of impoundment
of the animal, by mail or telephone.
(2)
Such animal may be redeemed by the owner upon payment first to the
City for any fees or adjudicated fines due the City and then to the
animal shelter manager for the lawful fees accrued pursuant to McLean
County ordinance and to this chapter for impounding such animal. Every
animal redeemed must have proof of such rabies registration before
release by the animal shelter.
[Amended 11-9-2015 by Ord. No. 2015-9]
A.
Registration of dogs and cats. All dogs and cats kept in the City
shall be registered with the City Clerk on forms provided by the City
Clerk. A fee of $15 per animal shall be charged for such registration.
Submission to the City of proof of inoculation of an animal for rabies
as required by this chapter shall constitute registration of such
animal for purposes of this section. Such registration is not transferable
from one animal to another.
B.
Rabies inoculation required. Dogs and cats shall be inoculated against
rabies as required by 510 ILCS 5/8. It shall be unlawful to permit
any animal capable of contracting the disease of rabies and not on
a leash, or muzzled, to be in any public street, parkway, sidewalk,
park, or in any store or place of public gathering or in any place
in the municipality other than in an enclosed area unless such animal
has been inoculated against the disease of rabies by a licensed veterinarian
within the preceding year. Further, such person shall keep a certificate
of a veterinarian licensed by the state as proof of such inoculation
or vaccination.
C.
Tag to be affixed to collar.
(1)
The owner of a dog or cat shall provide the dog or cat with a collar
or harness made of leather, metal or other substantial material to
which shall be securely fastened and also a tag issued by the state
rabies inspector, deputy inspector or any licensed veterinarian showing
that such dog or cat has been vaccinated against rabies during the
current or immediately preceding year.
(2)
A dog or cat found within the City not wearing the proper collar
and tags shall be impounded.
(3)
Any owner not providing such collar and tags shall be subject to
the penalties specified in this chapter.
D.
Removal of tag and or collar prohibited. It shall be unlawful for
any person not authorized by the owner to remove or take away any
collar or rabies vaccination tag from any animal; provided, however,
that this subsection shall not apply to any governmental official
in the exercise of his duties.
E.
Animal bites.
(1)
It shall be the duty of the owner or person receiving notice or having
knowledge that his animal has been bitten by any animal suffering
or suspected to be suffering from rabies, or that his animal has bitten
any person, to immediately notify or deliver his animal to any police
officer who shall place the animal in a licensed veterinary hospital
for observation, or such owner shall himself immediately place his
animal in such a hospital for observation and immediately notify the
City Clerk of the name and location of such hospital.
(2)
It shall be unlawful for any owner of an animal, upon receiving notice
or having knowledge that such animal has bitten any person or that
such animal has been bitten by any animal suffering or suspected to
be suffering from rabies, to sell or give away such animal, or permit
such animal to run at large, or to be taken beyond the City except
to a veterinary hospital within the county, and it shall also be unlawful
for such owner to refuse to deliver said animal for observation as
provided herein. At the end of the confinement period, the animal
shall be examined by a licensed veterinarian. If such animal, during
this period, shall die or shall show definite signs of illness, it
shall be the duty of such owner or person having custody of the animal
to turn the animal over to the County Health Office or the City Marshal,
so that it can be determined whether or not such animal has in fact
contracted rabies.
F.
Police authorized to kill certain dogs running at large. Any policeman
may kill a dog running at large which is suspected of suffering from
rabies if the dog, in the opinion of the police officer, cannot be
safely taken up and impounded, or if the police officer deems such
killing essential to the safety of any person.
A.
Keeping of vicious dogs. It shall be unlawful for any person to keep,
harbor, own, or in any way possess within the corporate limits of
the City a vicious dog, subject to the following exceptions and standards
provided by this section.
B.
Identification of a vicious dog.
(1)
Notice.
(a)
Any law enforcement officer or animal control officer employed
by or under contract with the City, or representative of McLean County
Animal Control, who suspects that a dog may be vicious within the
meaning of this chapter, based upon his or her own observations or
the reporting of another, may conduct an investigation to determine
whether or not the dog has committed any act or displays any characteristics
which qualify it as a vicious dog. If upon the completion of such
investigation the officer concludes that the dog is a vicious dog,
such officer shall issue a written notice of determination which includes
at least the following:
[1]
A description of the dog;
[2]
Information available concerning the ownership of the dog;
[3]
A statement or conclusion that the dog is a vicious dog within
the meaning of this chapter;
[4]
A description of the investigation conducted by the officer
and what acts or characteristics discovered during the investigation
led the officer to conclude that the dog is a vicious dog;
[5]
Notice to the owner that the vicious dog must be licensed and
housed in accordance with the requirements of this chapter;
[6]
Notice that the owner may appeal the determination of the officer
to the Mayor or his designee within seven working days after the determination
is served upon the owner.
(b)
The officer shall serve the notice of determination on the owner
by certified mail or hand delivery to the last known address of the
owner.
(2)
The owner may appeal any determination that the owner's dog is a
vicious dog. An appeal must be directed to the Mayor or his designee
and must be filed by the owner in the office of the City Clerk within
seven working days after receipt of the notice of determination which
identifies the dog as a vicious dog. Should the owner fail to appeal
the determination within seven working days, the determination of
the investigating officer that the dog is a vicious dog shall become
final. Upon receipt of an appeal, the Mayor, or his designee, shall
convene a hearing for the purpose of determining whether the dog in
question is a vicious dog.
(3)
The hearing of an owner's appeal shall be held within 60 days of
the date on which the appeal is filed. The Mayor or his designee shall
serve a notice of the time, date and location of the hearing upon
the owner of the allegedly vicious dog at least five business days
before the hearing. The hearing shall be conducted informally and
shall remain open to the public. At the hearing, the owner shall have
the opportunity to present evidence to explain why the dog should
not be declared a vicious dog. The owner shall have the right to be
represented by legal counsel at the owner's expense. The officer who
made the initial determination that the dog is vicious, and any other
persons having knowledge of the facts and circumstances, may be heard
by the Mayor or his designee and shall be subject to cross examination
by the owner or the owner's attorney. The Mayor or his designee shall
decide all issues for or against the owner of the dog regardless of
whether the owner appears at the hearing.
(4)
Within five working days after the conclusion of the hearing, the
Mayor or his designee shall determine whether or not the dog is a
vicious dog within the meaning of this chapter. The Mayor or his designee
shall notify the owner in writing of its determination. The decision
of the Mayor or his designee shall be final.
(5)
If any officer of the City determines that the public safety requires
the immediate impoundment of a dog as authorized by this chapter,
the officer shall within a reasonable time notify the owner of the
facts and circumstances relating to the impoundment. Upon receipt
of such notification, the owner may appeal the determination of the
officer to the Mayor or his designee in accordance with the procedures
established hereinabove for the identification of vicious dogs.
C.
Licensing of a vicious dog.
(1)
No person shall possess any vicious dog for a period of more than
15 days after the dog's designation as vicious is final without having
first obtained an annual vicious dog license therefor from the City.
(2)
An application for a license to possess a vicious dog shall be filed
with the City on a form prescribed and provided by the City and shall
be accompanied by all of the following:
(a)
Verification of the identity of the owner and current address
by providing a photostatic copy of the owner's driver's license.
(b)
Proof of ownership of the vicious dog.
(c)
A copy of the current immunization and health record of the
vicious dog prepared by a veterinarian licensed to practice in the
State of Illinois.
(d)
A certificate of insurance evidencing coverage in an amount
not less than $100,000, insuring said person against any claim, loss,
damage or injury to persons, domestic animals, or property resulting
from the acts, whether intentional or unintentional, of the vicious
dog.
(e)
Two photographs of the vicious dog to be licensed taken not
less than one month before the date of the application. One photograph
shall provide a front view of the vicious dog and shall clearly show
the face and ears of the vicious dog. One photograph shall show a
side view of the vicious dog.
(f)
A license fee of $750.
(g)
Such other information as may be required by the Clerk of the
City.
(3)
Upon receipt of an application, the Clerk of the City shall forward
such application to the City's Code Enforcement Inspector, who shall
cause an inspection of the premises on which the vicious dog shall
be kept to determine that all provisions of this section relating
to confinement and posting of signs have been complied with by the
applicant. Upon completion of the inspection, the Code Enforcement
Inspector shall notify the Clerk of the City in writing of the results
of his or her inspection.
(4)
Upon receipt of the results of the inspection, the Clerk of the City
shall notify the applicant of the approval or denial of the license.
In the event that the license is denied, the notification shall be
provided in writing and the reasons for such denial shall be stated.
Upon denial, the owner or keeper of the vicious dog shall within 48
hours either remedy the reasons for denial, if possible, and immediately
reapply or remove the vicious dog from the municipality. Upon approval
the application, the Clerk shall issue a license to the applicant.
(5)
A vicious dog license expires annually. No one shall own, possess,
keep or maintain a vicious dog without applying annually for a new
vicious dog license as provided for in this section to avoid owning,
possessing, or maintaining a vicious dog for which the license has
expired.
D.
Confinement of a vicious dog. No person shall possess any vicious
dog unless the vicious dog is confined in accordance with this section.
Any owner who has appealed a determination that a dog is vicious shall
temporarily confine such dog in accordance with this section until
a final determination regarding such appeal is issued.
(1)
Confinement indoors. No vicious dog may be kept on a porch, patio
or in any part of a house or structure that would allow the vicious
dog to exit the structure on its own volition. No vicious dog shall
be kept in a house or structure when the windows are open or when
screen windows or screen doors are the only obstacle preventing the
vicious dog from exiting the structure.
(2)
Confinement in an exterior yard. No person shall confine a vicious
dog in an exterior area unless such vicious dog is confined in a confinement
structure constructed and maintained in accordance with this section.
Such a confinement structure must be located in an area enclosed and
screened by an opaque privacy fence of six feet in height and composed
of wood, metal, vinyl, or some other material designed to completely
block the view from both within and without the fenced area to the
other side of the fenced area.
(3)
Confinement on leash and run line. No person shall permit a vicious
dog to go outside a confinement structure, house or other structure
unless the vicious dog is securely restrained with a leash no longer
than three feet in length and fitted with a muzzle or securely restrained
on a run line no longer than 10 feet in length and fitted with a muzzle.
No person shall permit a vicious dog to be kept on a leash unless
a person is in actual physical control of the leash. Any such leash
or run line must be enclosed and screened by an opaque privacy fence
of six feet in height and composed of wood, metal, vinyl, or some
other material designed to completely block the view from both within
and without the fenced area to the other side of the fenced area.
(4)
The only time that a vicious dog may be allowed out of the enclosure
or off the run line is when the dog is in a carrier, crate or other
enclosure designed to and capable of safely confining the dog for
transportation; 1) if it is necessary for the owner or keeper to obtain
veterinary care for the vicious dog; or 2) to sell or give away the
vicious dog; or 3) to comply with the order of a court of competent
jurisdiction. The owner or keeper may also allow the dog out of the
enclosure or off the run line to walk the vicious dog, provided that
said vicious dog is securely muzzled and restrained with a leash having
a minimum tensile strength of at least 300 pounds and not exceeding
three feet in length, and shall be at all times under the direct physical
control and supervision of the owner or keeper of the vicious dog.
E.
Impoundment; redemption of a vicious dog.
(1)
Any vicious dog which is not properly confined shall be impounded
by the law enforcement authority having jurisdiction in such area;
provided, however, that if the City Animal Control Officer or any
City police officer reasonably believes that such dog poses an immediate
threat of severe injury to any person, such officials are authorized
to kill such dog. Any vicious dog found to be running at large by
any member of the Police Department of the municipality shall be presumed
to be in violation of this section and shall be subject to impoundment.
(2)
Any vicious dog which has previously been impounded for not properly being confined or for running at large in violation of this § 44-4, or which has previously bitten or attacked a human being or other domestic animal without provocation, shall be ordered destroyed in an expeditious and humane manner upon any subsequent violations of those subsections or upon any subsequent unprovoked attack or bite.
(3)
Any vicious dog which attacks a human being and causes severe injury
shall be destroyed in an expeditious and humane manner.
F.
Vicious dog limitations.
(1)
Sale or transfer of ownership or location prohibited. No person shall
sell, barter, offer to breed or in any other way dispose of a vicious
dog or its offspring to any person within the City without approval
from a court of competent jurisdiction, or the Mayor or his designee,
unless the recipient resides permanently in the same household and
on the same premises as the registered owner of such vicious dog or
the recipient is a person who does not reside within the City, provided
he or she gives written notice to the person who will be receiving
the vicious dog that such dog has been deemed a vicious dog under
this section. An owner or keeper of a vicious dog shall notify the
Mayor or his designee when he or she moves the vicious dog to a different
residence from where he or she formerly lived, regardless of whether
it is in or outside of the City.
(2)
Animals born of vicious dogs. All offspring born of vicious dogs
registered within the City must be removed from the City within nine
weeks of the birth of such animal.
(3)
Reporting requirements of license.
(a)
Any person holding a license pursuant to Subsection F(2) hereof shall report the incidence of any of the following events:
[1]
The sale, barter, exchange, gift or death of any vicious dog
shall be reported within 48 hours.
[2]
The escape from confinement of any vicious dog shall be reported
upon discovery of the escape.
[3]
The biting or nipping of any person or animal by a vicious dog
shall be reported immediately upon occurrence.
[4]
The birth of any offspring of a vicious dog shall be reported
within 48 hours of the birth of the offspring.
[5]
The permanent removal of any vicious dog from the territorial
limits of the municipality shall be reported within 48 hours of such
removal by surrender of the license of the owner to the Clerk of the
City.
(b)
Except as otherwise provided in this section, the report of
any incident required to be reported under this subsection shall be
made to the Police Department of the municipality.
(c)
Further, all dog owners, whether or not their dog is licensed
as a vicious dog, receiving notice or having knowledge that their
dog has bitten or attacked a human being or domestic animal without
provocation shall immediately notify the Police Department of the
City of said incident in accordance with this chapter.
(4)
Sign required. All persons possessing a vicious dog shall display
in a prominent place on the premises where a vicious dog is to be
kept a sign which is readable by the public from a distance of not
less than 100 feet using the words "beware of dog." A similar sign
shall be posted on any confinement structure.
(5)
Revocation of license. A license granted pursuant to this section
shall be automatically revoked upon the second violation by the licensee
of any provision of this section. In the event of a revocation of
the license, the license fee shall be retained by the City and the
vicious dog must be removed from the municipality within 48 hours.
(6)
Spaying or neutering of vicious dog. Within 10 days of the determination
that a dog is vicious becomes final, the owner of the vicious dog
shall have it spayed or neutered.
(7)
Exceptions. This section does not apply to any K-9 patrol dogs or
police dogs as defined herein.
G.
Penalties; vicious dog.
(1)
Penalties. Upon conviction of an offense of this § 44-4, the court shall assess a fine of not less than $250, nor more than $750. Each day a violation continues shall constitute a separate offense. Additionally, any person found guilty of violating this section in a manner that requires the dog be impounded or destroyed shall pay all expenses, including shelter food, veterinary expenses, and other expenses necessitated by the seizure of the dog for the protection of the public, and such other expenses as may be required for the destruction of any such dog.
(2)
Failure to comply. It shall be unlawful for the owner, keeper or
harborer of a vicious dog registered with the City to fail to comply
with the requirements and conditions set forth in this section. Any
vicious dog found to be the subject of a violation of this section
shall be subject to immediate seizure and impoundment. In addition,
failure to comply may result in the revocation of the license of such
animal resulting in the immediate removal of the animal from the City.
A.
Killing dangerous animals. A police officer or any other person in
the City is authorized to kill any dangerous animal of any kind when
it is necessary for the protection of any person or property.
B.
Diseased animals. No domestic animal afflicted with a contagious
or infectious disease shall be allowed to run at large, or to be exposed
in any public place whereby the health of a man or beast may be affected;
nor shall such diseased animal be shipped or removed from the premises
of the owner thereof, except under the supervision of a County Health
Officer or the City Marshal.
C.
Housing; prohibited animals. No person shall cause or allow any stable or place wherein any animal is kept or may be kept to become unclean or unwholesome, and it shall be unlawful to keep any live swine, donkeys, asses, cows, horses, goats, sheep, chickens (with the exception of chickens kept in compliance with § 44-6 of the City Code), ducks (with the exception of ducks kept in compliance with § 44-6 of the City Code), guineas, peacocks, turkeys, geese, or other fowl or poultry species in the City.
[Amended 6-24-2024 by Ord. No. 2024-5]
D.
Impoundment procedures.
(1)
Any domestic animal or fowl found running at large, contrary to the
provisions of this chapter, shall be apprehended and impounded at
the McLean County Animal Control Shelter and owners will be subject
to McLean County animal control regulations to reclaim the animal.
(2)
Required inoculations and registration. No animal shall be released
from impoundment until proof of all required rabies inoculations has
been presented. Absent such proof, no such animal shall be released
from the shelter until the animal is properly licensed and vaccinated,
and until all costs and expenses thereof be paid to the City Clerk
and the animal welfare officer, respectively. Animals will not be
released from impoundment until the animal is registered with the
City, and all impoundment fees are paid. No animal will be released
to someone other than the owner.
E.
Cleanup and removal of animal waste.
(1)
No person who owns, harbors, keeps, walks or is in charge of any dog or other animal shall permit or allow said dog or other animal to defecate on any public property or in any public place unless said person shall immediately clean up, remove and dispose of said waste in accordance with Subsection E(2) hereof.
(2)
Any person who owns, harbors, keeps, walks or is in charge of a dog
or other animal which defecates on public property or in any public
place shall be required to clean up, remove and dispose of said waste
as follows:
(a)
All feces deposited by said dog or other animal shall be picked
up immediately in a sanitary manner by shovel or other similar device.
(b)
The fecal material shall be placed in a plastic bag or other
waterproof container, and said plastic bag or container shall be sealed.
(c)
The sealed plastic bag or other waterproof container shall be
placed in a trash can or other proper receptacle used for disposal
of wastes.
F.
Penalty. Unless otherwise specified in this chapter, any person,
firm or corporation who violates, neglects, or refuses to comply with
this chapter, or who resists or opposes the enforcement of any provision
of this chapter shall, upon conviction thereof, be fined not less
than $25; and, for each subsequent offense, shall be assessed a fine
of not less than $50 nor more than $750; and such person shall be
deemed guilty of a separate offense for each and every day during
or on which a violation occurs or continues. If the behavior or activity
of any animal results in fines for three separate offenses not arising
from a single incident, such animal shall be permanently removed from
the corporate limits of the City.
[Amended 10-13-2014 by Ord. No. 2014-9]
[Added 6-24-2024 by Ord. No. 2024-5]
The keeping of chickens or ducks within the City is prohibited
unless compliance with all of the conditions required by this section
is maintained. As used in this section, the term "chickens" means
hens and does not mean roosters.
A.
Coop license required. It shall be unlawful to keep any chickens
or ducks within the City without having first obtained a coop license
in accordance with this section.
(1)
Cost; renewal. A coop license shall cost $10, annually. Licenses
issued pursuant to this section shall be valid for one year from the
date of issuance. Licenses are not transferrable.
(2)
Single-family only. Licenses will only be granted to persons who
reside in a single-family residence. Only one license will be issued
per residence. Applicants seeking a license must obtain and present
written approval from the property owner, if renting.
(3)
Inspection required.
(a)
No license shall be approved without a site inspection and certification
by the appointed City Officer that all requirements of this section
have been met.
(b)
By applying for a license, applicants agree that the Code Enforcement
Officer may enter onto the subject property, outdoors only, at any
reasonable time with prior notice for the limited purpose of certifying
compliance with this section.
(4)
Revocation; penalties.
(a)
A person found to be keeping chickens without a license will
have seven days from notification to achieve compliance with this
section.
(b)
A licensee found to be in violation of this section will have
seven days from notification to achieve compliance. If compliance
is not achieved, the license will be revoked. The licensee may apply
for a new license, subject to site inspection. If the licensee is
found to be in compliance after inspection, a new license will be
issued.
(c)
If the licensee is found to be in violation of these standards
more than two times within a twelve-month period, the license will
be immediately and permanently revoked.
(d)
Any violation of this section shall be punishable by a fine
of not less than $100, nor more than $750. Each day that a violation
exists is a separate offense.
(e)
Chickens, coops and runs not maintained according to this section
shall be deemed a public nuisance.
B.
Minimum requirements.
(1)
The number of chickens and/or ducks allowed shall be a maximum of
six per property, meaning that no more than six of any combination
of chickens and/or ducks are allowed per zoning lot.
(2)
Roosters are prohibited within the City. Other species such as turkeys,
geese, peacocks, guinea hens and other fowl species are prohibited.
(3)
Breeding of chickens or ducks is prohibited.
(4)
The sale of chickens, ducks, or eggs is prohibited.
(5)
Slaughtering of chickens or ducks is prohibited.
(6)
No chickens or ducks may be kept or maintained to be used for the
purpose of fighting.
C.
Enclosures.
(1)
Chickens and ducks must be kept in a designated coop or run at all
times. Chickens and ducks may not run at large.
(2)
The coop and run must be located in a rear yard, not to be visibly
seen from the front of the residence.
(3)
The coop and run shall be a minimum of 24 square feet in size.
(4)
The coop and run shall be located at least a minimum of 50 feet from
any neighboring dwelling, church, school, or place of business, at
least 15 feet from the primary dwelling, and at least 15 feet from
any property line.
(6)
Coops must be built to provide ventilation, shade, protection from
precipitation, protection from cold weather and to be secure from
predators, wild birds and rodents.
(7)
Runs must be surrounded by wire netting or other fences to prevent
escape.
(8)
Wire netting or fencing shall not exceed 10 feet in height.
(9)
Coops and runs must be on level ground and graded in a direction
away from the property line preventing runoff to adjacent properties.
D.
Maintenance.
(1)
Coops and runs must be kept in clean and sanitary condition at all
times and not create any offensive odors or favorable conditions that
breed or attract flies, mosquitos, maggots or other insects.
(2)
Manure and droppings shall be removed and discarded appropriately
to maintain sanitary conditions. Accumulations of waste on property
is prohibited.
E.
Conflict with private covenants. Nothing in this section shall be
construed to permit the keeping of chickens when such activity is
prohibited by private covenants, conditions or restrictions governing
the use of property.
