[Ord. No. 1988-71]
No domestic animal, including horses,
mules, cattle, sheep, or swine, or domestic fowl of the species of
geese, ducks, turkeys, hens, barn fowls, guinea fowls or peacocks
shall be suffered, allowed or permitted to run at large within the
limits of the City. It shall be illegal for the owner or keeper of
any such domestic animal or fowl to allow or permit the same to run
at large within the limits of the City.
[Ord. No. 1990-12]
Except as permitted in Bloomington City Code Chapter 44, no person shall keep, harbor or maintain within the City any horse, hog, goat or any other type of animal typically found on a farm, except as to property not previously within the corporate limits of the City upon which such animal or animals had been so kept, harbored or maintained for three months or more prior to the annexation of said property to the City, in which event said animal or animals may remain upon such annexed property; but offspring older than six months of age of such animals and substitutes for said animals are prohibited.
[Ord. No. 1988-71]
Any violation of § 8-102 of this article hereby is declared to be and constitute a nuisance, and it shall be the duty of the Chief of Police and all Police Officers of said City to abate and have the same removed.
[Ord. No. 1988-71]
Any person violating § 8-101 or 8-102 of this article shall be fined for the first offense not less than $10 and not more than $500; for each offense thereafter occurring within one year after any conviction hereunder not less than $20 and not more than $500. Each separate day or part of a day that § 8-102 hereof is violated shall constitute a separate offense.
[Ord. No. 1988-71]
It shall be illegal for any person
to be cruel to any animal or bird.
[Ord. No. 1988-71]
It shall be illegal for any person
to kill or wound or attempt to kill or wound by the use of any firearm,
bow and arrow, pelting with stones, or otherwise, any bird or squirrel
within the City or to shoot an arrow or throw a stone or club or throw
or shoot any other missile at any bird or squirrel within any private
property or any public park, square, or other public property or to
go onto any private property or any public property for the purpose
of doing any act prohibited in this section. Any person violating
any of the provisions of this section shall be fined not less than
$10 nor more than $500 for each offense.
[Ord. No. 1988-71]
It shall be illegal for any person
to feed or put food out for any birds not then held in captivity within
the territory in the City bounded on the north by the north line of
Chestnut Street, on the east by the east line of Prairie Street, on
the south by the south line of Oakland Avenue, and on the west by
the west line of Lee Street. Any person violating any of the provisions
of this section shall be fined not less than $10 nor more than $100
for each offense.
A.
No person shall keep harbor any animal
which howls, barks, or emits audible sounds that are unreasonably
loud or disturbing and which are of such character, intensity and
duration as to disturb the peace and quiet of the neighborhood or
such resident or business neighbors as may be in close proximity to
such dog.
[Ord. No. 2005-86]
B.
Any person who owns, operates or manages or who is employed to work in a kennel, as defined in § 44-1612 of Chapter 44 of the Bloomington City Code shall keep all animals on the premises within an enclosed building that meets the minimum standard for habitable spaces as provided in Chapter 10 of the Bloomington City Code. No animal shall be allowed to be outside such building, except for the purpose of delivery, if the kennel is within 1,000 feet of the lot line of any lot zoned R-1A, R-1B, R-1C, R-1H, R-2, R-3A, R-3B or R-4, or the lot line of any lot that is the site of a dwelling.
[Ord. No. 2004-56]
C.
Any person violating any of the provisions of this section shall be fined not less than $50 nor more than $500 for each offense. Any kennel, as defined in § 44-1612 of Chapter 44 of the Bloomington City Code, that is within 300 feet of the lot line of any lot zoned R-1A, R-1B, R-1C, R-1H, R-2, R-3A, R-3B or R-4, or the lot line of any lot that is the site of a dwelling, which is in violation of any part of § 8-108 on more than three occasions within a sixty-day period shall be deemed to be a chronic nuisance property subject to the remedies set forth in § 30.5-102 of Chapter 30.5 of the Bloomington City Code.
[Ord. No. 2003-08]
[Ord. No. 1988-71]
No person shall raise or keep any
animal or animals of any kind if the raising or keeping of such animal
or animals is the source of any vile, foul, nauseating or sickening
odor and all such acts are illegal.
A.
It shall be illegal for any person to bring
into the City of Bloomington any diseased or sickly horse, cow (or
bull), swine, dog, cat, or other animal of any kind or nature or any
that has been exposed to any disease that is contagious among such
animals.
B.
It shall be illegal for any person to keep,
retain or allow to be kept or retained at any place within the City,
any horse, ass or colt leaving the disease known as glanders or farcy.
C.
Any animal in any street or public place
within the City and appearing in the estimation of any police officer
or representative of the McLean County Health Department to be injured
or diseased past recovery for any useful purpose, and not being attended
and properly cared for by the owner or some proper person having charge
thereof for the owner, or not having been removed to some private
premises or to some place designated by such officer or representative
may be deprived of life by such officer or representative or as he
may direct, and shall thereafter, unless at once removed by the owner,
be treated as any other dead animal found on a street or place. No
person other than Police Officers or representatives of the Health
Department or persons authorized by contract or other authority shall
in any way interfere with such dead, sick or injured animal in any
street or place, and no person shall skin or wound such animal in
such 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 with the
consent of a Police Officer or representative of the Health Department.
It is illegal for any person to engage in or do any acts prohibited
in this section.
[Ord. No. 1988-71]
[Ord. No. 1988-71]
When any dead animal shall be found
in any public street, alley or other public place in the City, it
shall be the duty of the person owning or keeping or harboring such
animal at the time of its death or of the person who caused the death
of the animal, immediately to remove said animal, in such manner as
to conceal the same from public view beyond the limits of the City
and bury the same or provide it to a veterinarian who has agreed to
properly dispose of it. It shall be illegal for any such person to
not do so or, on being notified thereof by any Police Officer or other
person, after a reasonable time to refuse or neglect to remove and
bury the same as herein required and such person shall be fined not
less than $25 nor more than $500 for each offense, and shall also
pay the expense of removing and burying the same.
[Ord. No. 1988-71]
When any dead animal shall be found
on any private land in the City of Bloomington, it shall be the duty
of the person owning or occupying such land to cause the said dead
animal to be removed forthwith; and such owner or occupant of such
land, or any other person removing said animal, may collect the expense
of such removal from the person owning or depositing such dead animal;
and it shall be illegal for any such owner or occupant of any land
to fail or neglect to remove such dead animal, and such person shall
pay a fine of not less than $25 nor more than $500 for each violation
of this Ordinance.
[Ord. No. 1988-71]
When any dead animal shall be found
anywhere in the City of Bloomington, and shall not be removed within
a reasonable time, it shall be the duty of any Police Officer or representative
of the Health Department to cause the same to be removed and buried
at the expense of the City.
[Ord. No. 1988-71]
It shall be illegal for any person
or persons to haul, drag, transport, or otherwise remove any dead
animal along or upon any street, alley or other public place within
the City unless such dead animal is wholly covered so as to conceal
the same from view; and it shall be illegal for any person or persons
to skin or otherwise mutilate any dead animal within said City, except
at such place or places as may be from time to time designated for
that purpose.
[Ord. No. 1988-71]
No dead animals shall be buried within
the corporate limits of the City, but shall be buried at least 1/2
mile outside the said corporate limits or shall be provided to a veterinarian
who has agreed to properly dispose of it. Such animals when buried
shall be buried at least three feet below the surface of the ground.
This section shall apply to all persons, including any licensed scavenger,
and it shall be illegal for any person to violate the terms of this
section, and whoever shall do so shall be fined not less than $15
nor more than $500 for each offense; and each and every day that this
section is violated shall constitute a separate offense.
A facility operated, owned, or maintained by a duly incorporated
humane society, animal welfare society, or other nonprofit organization
for the purpose of providing for and promoting the welfare, protection,
and humane treatment of animals. "Animal shelter" also means any veterinary
hospital or clinic operated by the veterinarian or veterinarians licensed
under the Veterinary Medicine and Surgery Practice Act of 2004[1] which operates for the above mentioned purpose in addition
to its customary purposes.
[Ord. No. 2013-38]
Seized with the teeth or jaws so that the person or thing
seized has been nipped or gripped or has been wounded or pierced,
and includes contact of saliva with any break or abrasion of skin.
[Ord. No. 2013-38]
Includes all animals, male and female, of the feline species.
[Ord. No. 2013-38]
Any dog that behaves in a manner
that a reasonable person would believe poses a serious and unjustified
threat of physical injury or harm to a person or a companion animal;
or
Any dog that without justification
bites a person or other animal, whether on public or private property,
that does not cause injury; or
Any dog that has been declared a
dangerous dog by any other jurisdiction, provided that such finding
was not based solely upon the breed of the dog.
No dog shall be deemed a dangerous
dog if it bites, attacks or menaces a trespasser on the property of
its owner, or harms or menaces anyone who has tormented or abused
it, or is performing in the line of duty as a professionally trained
dog for law enforcement.
[Ord. No. 2013-38]
Includes all animals, male and female, of the canine species.
[Ord. No. 2013-38]
Any dog which has killed or severely
injured any person or dog; or
Any dog which has rabies; or
Any dog previously declared a vicious
dog which subsequently bites a person or animal causing injury to
that person or animal; or
Any dog previously declared a vicious
dog, which, when unmuzzled, in an aggressive or terrorizing manner
approaches any person in an apparent attitude of attack on any street,
sidewalk, public or private property other than the property of the
owner of the dog; or
Any dog previously declared a vicious
dog which subsequently is found running at large; or
Any dog previously declared a vicious
dog which is not kept in the manner required for keepers of vicious
dogs.
Any dog previously declared a vicious
dog which is found without current registration or vaccinations.
[Ord. No. 2013-38]
A fence or structure capable of preventing the animal from
escaping at any time. It shall be securely locked at all times. If
the enclosure is a room within a residence, it shall not have direct
access to common areas of the building or to outdoors, unless it leads
directly to an outdoor enclosure, capable of preventing the animal
from escaping that is securely locked. An owner or keeper of a vicious
dog must have a secure fenced enclosure in which to exercise the dog.
[Ord. No. 2013-38]
Taken into the custody of the Animal Control Center where
City of Bloomington personnel have authority to take animals.
[Ord. No. 2013-38]
Any wound serious enough to require medical or veterinary
treatment, regardless of whether medical or veterinary treatment is
actually sought, obtained or provided.
[Ord. No. 2013-38]
Any person having a right of property in an animal, or who
keeps or harbors an animal, or who has it in his care, or acts as
its custodian, or who knowingly permits a dog to remain on any premises
occupied by him or her. In the event that the owner, harborer, or
keeper of any dog or cat is a minor, the parent or guardian of such
minor shall be responsible for ensuring that all provisions of this
Ordinance are complied with and it shall be illegal for such parent
or guardian to fail to prohibit any violation of this Code by a minor.
[Ord. No. 2013-38]
Any individual, firm, corporation, limited liability company,
partnership, society, association or other legal entity.
[Ord. No. 2013-38]
Being off the premises of the owner and not under restraint
or not under physical control of the owner or an authorized person
either by leash, cord or chain. Control referred to as voice control
is not physical control when off the premises of the owner.
[Ord. No. 2013-38]
Any dog that when unprovoked bites
or attacks a human being or other animal on either public or private
property; or
Any dog with 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
Any dog which has been found to be
a dangerous dog on three separate occasions in this or any other jurisdiction
provided that such finding was not based solely upon the breed of
the dog; or
Any dog that has been found to be
a vicious dog in any other jurisdiction, provided said declaration
is not based solely upon the breed of the dog.
No dog shall be deemed a vicious
dog if it bites, attacks or menaces a trespasser on the property of
its owner, or harms or menaces anyone who has tormented or abused
it, or is performing in the line of duty as a professionally trained
dog for law enforcement.
[Ord. No. 2013-38]
[1]
Editor's Note: See 225 ILCS 115/1 et seq.
[Ord. No. 1988-71]
The Police Department is hereby authorized,
empowered and ordered to exercise all powers and duties necessary
to carry out the provisions of this article.
[Ord. No. 1983-71]
The Police Department shall impound
or shall cause to be impounded any dog or cat if the dog or cat is
not restrained as required by this chapter.
A.
Any impounded dog or cat may be reclaimed
by:
(1)
Payment of a City of Bloomington release
fee in an amount set forth in the Schedule of Fees; and
(2)
Signing an acknowledgment of ownership
of the animal; and
(3)
Complying with all applicable rules and
regulations and by paying all charges and fees of pertaining to the
impoundment and care of the animal imposed by McLean County Animal
Control.
[Ord. No. 2018-89]
B.
Any impounded dog or cat which has been
placed in the McLean County Animal Shelter by a representative of
the City of Bloomington shall be subject to all of the rules, regulations
and fees that apply to other similar types of animals that are in
or may be placed in the Shelter.
[Ord. No. 2013-38]
A.
With the exception of animals impounded for a ten-day quarantine period as provided in Subsection B of this section, any animal not reclaimed within seven business days of impoundment shall become the property of McLean County Animal Control;
B.
For animals subject to a ten-day quarantine
period, any animal not reclaimed within five business days from the
date the quarantine ends shall become the property of McLean County
Animal Control.
[Ord. No. 2013-38]
A.
It shall be the duty of every owner of
any dog or anyone having any dog in his possession or custody to ensure
that the dog is kept under restraint at all times that the dog is
on or off the premises of the owner.
(1)
While on the premises - duty to keep dog
under restraint. It shall be illegal for the owner of any dog or anyone
having any dog in his possession or custody not to keep the dog under
restraint while it is on the premises of the owner. For the purposes
of this subsection, under restraint is defined as follows:
(a)
Securely and humanely enclosed within
a house, building, fence, pen, or other enclosure out of which it
cannot climb, dig, jump, or otherwise escape on its own volition;
and such enclosure must be securely locked at any time the dog is
left unattended; or
(b)
Under physical control of a leash,
chain, cord, cable and trolley, or other tether of sufficient strength
and connection to the animal to prevent escape, and securely established,
tied or connected to an object which prevents the animal from being
closer than 10 feet to the property line of premises of the owner
or to a public sidewalk or public right-of-way; or
(c)
On a leash of sufficient strength
and connection to the animal to prevent escape and which is under
the control of a capable person, or if not on a leash the animal must
be obedient to that person's commands and in each case that person
must be present with the animal any time it is not restrained as provided
in (a) or (b) above.
(2)
While off of the premises - duty to keep
animal under restraint. It shall be illegal for the owner of any dog
or anyone having a dog in his possession not to keep the dog from
running at large and all dogs shall be kept under restraint and control
at all times while the animal is off of the premises of the owner(s),
possessor(s) or custodian(s). For the purposes of this subsection,
a dog is under restraint and control when:
(a)
It is securely confined within a
vehicle, parked or in motion; or
(b)
It is properly confined within a
secure enclosure with the permission of the owner of the property
where the enclosure is located; or
(c)
It is physically controlled at all
times by the owner or authorized person with a chain, cord or leash
of sufficient strength and connection to the animal to prevent escape.
[Ord. No. 1988-71]
B.
The penalty for the first violation of the provisions of this section shall be not less than $50 nor more than $500 and for each subsequent offense, the penalty shall not be less than $75 nor more than $500. If the animal is taken to the animal shelter, the owner shall pay the animal shelter release fee. As indicated in § 8-204, for all subsequent offenses, the alleged violator hereof shall pay the shelter release fee plus be charged with a violation of this section.
[Ord. No. 1988-71]
A.
It shall be illegal for the owner of any
cat, or anyone having any cat in their possession or custody, to allow
the cat to leave the premises of the owner or custodian, unless it
is under the physical control of such person.
[Ord. No. 1988-71]
A.
Procedures for Declaring a dog dangerous,
vicious or subject to euthanasia:
(1)
Any person may file a complaint with the
Police Department seeking to have a dog declared dangerous, vicious
or subject to euthanasia. The Police Chief or his or her designee
shall review and investigate the complaint and, if the criteria for
declaring a dog dangerous, vicious or subject to euthanasia have been
met, shall make the appropriate declaration and provide written notification
of the declaration to the owner of the dog. Said notification shall
include the basis for the declaration, the declaration, any restrictions
placed on keeping the animal, and notice of the right to appeal the
declaration.
(2)
An owner of a dog declared dangerous, vicious
or subject to euthanasia shall have the right to appeal the declaration,
provided that the owner files a written request to appeal said declaration
with the Bloomington Police Department no later than seven days after
receiving notification. If no written request for appeal is made in
the time provided, the owner of the dog subject to the declaration
shall have 14 days from the date of notification within which to comply
with all requirements pertaining to the declaration. If a written
request for an appeal is timely made, a hearing shall be held on the
appeal in an expeditious manner, no later than 30 days from the date
the owner requests an appeal.
(3)
The hearing shall be informal and strict rules of evidence shall not apply. The owner may be represented by counsel, present oral and written evidence, and may cross-examine witnesses. The hearing shall be held before an Assistant Police Chief or other hearing officer duly authorized by the Chief of Police. In making a determination on any appeal of a declaration, the hearing officer shall consider the criteria and definitions set forth in § 8-201 of this chapter. The hearing officer may also consider the following:
(a)
The circumstances of the incident
or incidents giving rise to the declaration;
(b)
The nature and extent of any injury
caused to humans or animals as the result of the incident or incidents
giving rise to the declaration;
(c)
The size of the dog subject to the
declaration;
(d)
Whether the dog subject to declaration
was current on its registration and vaccinations at the time of the
most recent incident forming the basis for the declaration;
(e)
Any previous history of the dog subject
to the declaration involving incidents of threat, attack or injury
to human beings or other animals;
(f)
The history of the owner of the dog
subject to the declaration, including prior incidents involving animals
owned or kept by the owner, whether said animals have been current
on their registrations and vaccines, and the conditions under which
they have been kept.
[Ord. No. 2013-38]
B.
Disposition of appeals.
(1)
The hearing officer shall inform the owner
in writing of the disposition of any appeal within five days of the
date of the hearing. If the appeal is denied and the declaration upheld,
the owner shall have 14 days from receipt of the written notification
of the disposition of appeal within which to comply with all requirements
pertaining to the declaration.
(2)
Appeal of the determination of the hearing
officer shall be as provided by the Illinois Administrative Procedures
Act.
[Ord. No. 2013-38]
C.
Requirements for keeping dogs declared
dangerous.
(1)
Any person owning or keeping a dog declared
dangerous must be in compliance with the requirements of this section
within 14 days of the receipt of notification of the declaration or
within 14 days of the receipt of a decision of an appeal upholding
the dangerous dog declaration. Failure to comply with this section
may also result in fines, fees and court costs being assessed against
the owner. Each failure to comply with a provision of this section
shall constitute a separate offense. Each day an owner fails to comply
with a provision of this section shall constitute a separate offense.
(2)
It is illegal for any person to create a public nuisance by permitting any dangerous dog to be kept on the owner's property in violation of § 8-206A of this chapter. Guide dogs for blind or hearing impaired persons, support dogs for the physically handicapped and professional guard or police owned dogs are exempt from the provisions of this section, provided an attack or injury to a person occurs while the dog is performing duties as expected.
(3)
Any dog declared dangerous shall be spayed
or neutered.
(4)
Any dog declared dangerous shall be micro-chipped
and registered with the micro-chip company in the owner's name with
a current address where the dog is located.
(5)
The owner of a dog declared dangerous shall
purchase a "Dangerous Dog Tag" from McLean County Animal Control.
The tag must be affixed to the dog's collar in a manner so that it
can be seen. Said tag shall be worn by the dog at all times. Registration
for the dangerous dog tag must be renewed annually at McLean County
Animal Control.
(6)
The owner of a dangerous dog shall be required
to immediately report any biting incidents involving the dog and a
person or animal to the Bloomington Police Department or to McLean
County Animal Control.
(7)
The owner of a dog declared dangerous shall
notify the United Stated Postal Service local office and all utility
providers in writing of the dangerous dog declaration within 14 days
of receiving the declaration. The dog owner shall provide proof of
said notification to the Bloomington Police Department.
(8)
If the owner of a dog declared dangerous
resides at rental property, said owner shall notify the landlord or
property management of the dangerous dog declaration within 14 days
of receiving said declaration. The dog owner shall provide proof of
said notification to the Bloomington Police Department.
(9)
The owner of any dog declared dangerous
shall immediately notify the Bloomington Police Department of any
change of address or location of the dangerous dog. If the dog is
removed from the City of Bloomington, said notification shall also
be provided in writing to authorities of the jurisdiction where the
dog is located.
[Ord. No. 2013-38]
D.
Requirements for keeping dogs declared
vicious.
(1)
Any person owning or keeping a dog declared
vicious must be in compliance with the requirements of this section
within 14 days of receipt of notification of the declaration or within
14 days of the receipt of a decision of an appeal upholding the vicious
dog declaration. Any failure to comply with the requirements of this
section pertaining to the keeping of a dog declared vicious shall
result in the impoundment of the dog and the dog being subject to
euthanasia. Failure to comply with this section may also result in
fines, fees and court costs being assessed against the owner. Each
failure to comply with a provision of this section shall constitute
a separate offense. Each day an owner fails to comply with a provision
of this section shall constitute a separate offense.
(2)
It shall be illegal for an owner or keeper of a vicious dog to sell, foster or give away the dog. In the event the dog declared vicious is being kept at a foster home operating pursuant to a permit provided by an animal shelter or foster agency licensed by the Department of Agriculture of the State of Illinois, the dog may be returned to the animal shelter or foster agency issuing the permit. The animal shelter or foster agency receiving the dog back from the foster home shall be bound by and comply with the provisions of this Subsection D pertaining to the requirements for keeping dogs declared vicious, and shall not sell, foster or give away the dog.
(3)
The owner of a dog declared vicious shall contact the Bloomington Police Department within 14 days of receipt of the declaration, or within 14 days of the receipt of a decision of an appeal upholding the vicious dog declaration, and arrange for an inspection of the premises where the dog subject to said declaration is kept. It shall be illegal for any person to keep or maintain any dog which has been found to be a vicious dog unless such dog is at all times kept in an enclosure, as defined in § 8-201 of this chapter approved by the Bloomington Police Department.
(b)
When taken out of the enclosure,
said vicious dog must be securely muzzled and restrained with a chain
having a tensile strength of at least 300 pounds and not exceeding
three feet in length, and shall be under the direct control and supervision
of the owner or keeper of the vicious dog.
(c)
Any dog which has been found to be
a vicious dog and which is not confined in an enclosure shall be impounded
and shall be subject to euthanasia.
(4)
The owner of a vicious dog shall notify
the United States Post Office and utility providers in writing of
the vicious dog declaration or the disposition of any appeal of said
declaration. The owner shall provide proof of the notification to
the Bloomington Police Department.
(5)
If the owner of a dog declared vicious
resides at rental property, said owner shall notify the landlord or
property management of the vicious dog declaration within 14 days
of receiving said declaration. The dog owner shall provide proof of
said notification to the Bloomington Police Department.
(6)
The owner of a vicious dog shall have said
dog spayed or neutered.
(7)
The owner of any dog declared vicious shall
have said dog micro-chipped and registered with the micro-chip company
in the owner's name and listing an address where the dog is currently
located.
(8)
The owner of a dog declared vicious shall
purchase a "Vicious Dog Tag" from McLean County Animal Control. Said
tag shall be affixed to the dog's collar and visible at all times.
Registration for the vicious dog tag must be renewed annually at McLean
County Animal Control.
(9)
The owner of a dog that has been declared
vicious shall be required to purchase general liability insurance
covering property and bodily injury with a combined single limit of
at least $250,000 per occurrence and shall show proof of obtaining
said insurance to the Bloomington Police Department. The owner shall
notify the Bloomington Police Department not more than 14 days after
the cancellation of said insurance policy.
(10)
The owner of any dog declared vicious
shall immediately report to the Bloomington Police Department any
incident involving the vicious dog and any bite, attack or threat
to a person or animal.
(11)
The owner of any dog declared vicious
shall immediately notify the Bloomington Police Department of any
change of address or location of the vicious dog. If the dog is removed
from the City of Bloomington, said notification shall also be provided
in writing to authorities of the jurisdiction where the dog is located.
[Ord. No. 2013-38]
E.
Dogs subject to euthanasia. It shall be
the duty of the owner of any dog declared Subject to Euthanasia by
the Police Chief or his designee to immediately take the dog to an
impound facility or veterinarian who shall euthanize said dog or,
in the event of an appeal, shall hold such animal pending a hearing
of an appeal before the Police Chief or his designee. If the appeal
is denied and the declaration upheld, the animal shall be euthanized
in a humane manner no sooner than five days after the decision denying
the appeal, unless the owner consents to an earlier time. It shall
be unlawful for the owner of a dog declared subject to euthanasia
to sell, foster, give away or remove said dog from the jurisdiction.
In the event that an owner does not deliver a dog subject to euthanasia
to an impound facility or veterinarian, the City may seek a warrant
from the Circuit Court of McLean County for the immediate seizure
and euthanasia of the dog. The owner or keeper of a dog subject to
euthanasia must provide to the Bloomington Police Department a letter
or other proof signed by a licensed veterinarian that the dog has
been euthanized within seven days of the declaration that the dog
is subject to euthanasia. Each day upon which the owner or keeper
of a dog subject to euthanasia fails to provide the notice of euthanasia
shall be considered a separate violation of this Ordinance.
[Ord. No. 2013-38]
F.
Duty to report dangerous or vicious dogs
brought into the City. Any person keeping a dog which has been declared
dangerous or vicious in another jurisdiction shall report that fact
to the Bloomington Police Department within three days of bringing
the dog into the City of Bloomington. All dogs declared dangerous
or vicious in another jurisdiction shall be kept in a manner as if
declared dangerous or vicious in the City of Bloomington. The Bloomington
Police Department shall keep records of all such dogs. The status
of a dog declared dangerous or vicious in another jurisdiction shall
not be subject to appeal. It shall be unlawful to fail to report a
dangerous or vicious dog within three days of bringing the dog into
the City of Bloomington.
[Ord. No. 2013-38]
G.
The owner of all professional guard dogs
shall register their animals with the Chief of Police. It shall be
the duty of the owner of each such dog to notify the Chief of Police
of changes of address and the owner shall keep the Chief of Police
advised of the location where such dog will be stationed. The Chief
of Police shall provide Police and Fire Departments with a list of
such exempted dogs and shall promptly notify such departments of any
changes reported to him.
[Ord. No. 2013-38]
H.
The State's Attorney, Police or any citizen
may file a complaint to enjoin any person from maintaining, permitting
or having a dangerous or vicious dog or nuisance dog or animal and/or
to abate the same, and/or to enjoin the owner of such dog or other
animal from permitting the same to leave his premises when not under
control by leash or other legal control method. Upon the filing of
a complaint in the Circuit Court, the Court, if satisfied that evidence
for an injunction may exist, shall grant a preliminary injunction
with bond in such amount as the Court may determine to be appropriate,
enjoining the defendant from maintaining, permitting or having such
nuisance. If the existence of evidence in support of an injunction
is established, the Court shall enter an appropriate order and may
assess a fine and/or may order that such dog or other animal be humanely
destroyed by lethal injection.
[Ord. No. 2013-38]
I.
Any person who violates this Ordinance
shall be fined not less than $100 nor more than $1,000 for each offense.
Each day that an offense continues shall be considered a separate
violation.
[Ord. No. 2013-38]
J.
Owners of dogs declared dangerous or vicious
prior to the enactment of this Ordinance shall have 90 days from its
enactment to comply with its provisions.
[Ord. No. 2013-38]
[Ord. No. 1988-71]
Whenever a Bloomington Police Officer
or another authorized employee of the City of Bloomington finds a
dog(s) running at large, the Police Officer or other person may complete
and serve to one or more of the owners of the dog(s) a citation or
complaint. The citation or complaint may contain a notice for the
Defendant to appear in Court at a specific time and date to respond
to the charges contained therein. If the Defendant does not appear
in Court as specified, a warrant may be issued for the Defendant's
arrest to have the Defendant brought before the Court to respond to
the charges in the citation or complaint.
A.
It shall be illegal for any person to own
or have in his or her possession or custody a dog or cat which is
not currently registered with McLean County, Illinois as required
by applicable law. Any person owning or having a dog or cat in his
or her possession or custody must have displayed upon the dog or cat,
or in the immediate possession of the person then in control of the
dog, proof that the dog or cat has been vaccinated by a licensed veterinarian,
which must be displayed upon demand by a City of Bloomington Police
Officer or Animal Control Officer of McLean County, Illinois. A metal
tag, commonly called a "dog tag," showing current vaccination of the
dog or cat shall create a presumption that the dog or cat is registered
with the County of McLean; however, this presumption shall not apply
if the police officer or Animal Control Officer has information that
the dog or cat is not in fact registered.
[Ord. No. 2009-40]
B.
Police officers of the City of Bloomington
and McLean County Animal Control Officers are authorized to summarily
seize as a public nuisance any dog or cat for which proof of current
vaccination is not displayed or in the immediate possession of the
person then in custody or possession of such dog or cat; police officers
and McLean County Animal Control Officers are similarly authorized
to summarily seize as a public nuisance any dog or cat for which the
police officer or Animal Control Officer has information that the
dog or cat is not registered with the County of McLean. Such officers
shall not relinquish such dog or cat until proof of current registration
is supplied by the owner or custodian of such dog or cat. A dog or
cat which is not currently registered as required by law shall not
be released unless payment for such registration is made to the County
of McLean. A dog or cat which is not claimed after seven business
days from the date of seizure (not counting the date the dog or cat
is seized) shall become the property of the County of McLean.
[Ord. No. 2009-40]
C.
The requirement that a dog or cat be registered
with the County of McLean shall not apply to persons owning or possessing
a dog or cat which is temporarily in the City as an entrant in a public
exhibition, contest or show sponsored by a dog club association or
similar organization held in the City of Bloomington. However, for
this exception to apply the sponsor of the exhibition, contest or
show must have given prior written notice of the public exhibition,
contest or show to the City Clerk of the City of Bloomington and the
Health Department of McLean County, Illinois.
[Ord. No. 2009-40]
D.
The penalty for violation of this section
shall be $250 for a first offense, $500 for a second offense, and
$1000 for third and subsequent offenses.
[Ord. No. 2006-40]
[Ord. No. 1988-71]
It is the intention of the City Council
that each separate provision of this article shall be deemed independent
of all other provisions therein, and that if any provision of this
article is declared invalid, all other provisions thereof shall remain
valid and enforceable.
