[Ord. 14-11-01-70, 11-17-2014]
As used in this chapter, the following words, terms, and titles
shall have the following meanings:
Any mammal, reptile, or fowl, domestic or wild; or any living
creature, domestic or wild.
Any persons authorized by the Le Roy City Council to primarily
catch strayed animals, care for impounded animals, and enforce this
chapter. The animal control officer shall have the power to issue
citations, notices to appear, sign complaints and do all other acts
and deeds reasonably necessary to effectuate the requirements of this
chapter. Appointment of a person as an animal control officer does
not deny any Le Roy police officer the power to enforce this chapter.
That period or duration of time when there is sexual excitement
in a female animal.
Seizing with the teeth or jaws so that the person or animal
seized is nipped, gripped, wounded or pierced and may include a break,
puncture or abrasion of the skin.
Allowing more than one litter per residence, business, household,
building or establishment annually.
All domestic members of the feline family, Felis catus.
All members of the subspecies Gallus gallus domesticus, a
domesticated fowl.
[Added 2-20-2023 by Ord. No. 23-02-03-51]
A human being who is capable of controlling the animal in
question, and to whose commands the animal is obedient.
Restriction of an animal at all times by the owner or his
agent to an escape proof building, house, or other enclosure away
from other animals and the public.
Any individual dog anywhere other than upon the property of
the owner or custodian of the dog and unmuzzled, unleashed, or unattended
by its owner or custodian that behaves in a manner that a reasonable
person would believe poses a serious and unjustified imminent threat
of serious physical injury or death to a person or a companion animal,
or
A dog that, without justification, bites a person, or domestic
animal, and does not cause serious physical injury, or
Any dog which when unmuzzled, in an aggressive or terrorizing
manner, approaches any person, or domestic animal, in an apparent
attitude of attack on any street, sidewalk, or public property or
private property other than the property of the owner of the dog,
or
Any dog declared dangerous by any other jurisdiction.
A domesticated carnivore, scientifically known as Canis familiaris,
of whatever breed, sex or variety.
The following are considered to be domestic animals:
Dogs (not including hybrids of dogs).
Cats (not including hybrids of cats).
Domestic rodents (hamsters, guinea pigs, white mice, white rats,
etc.).
Farm animals (equines, bovines, swine, ovine, caprine, poultry,
rabbits).
Non-life threatening, nonpoisonous reptiles or amphibians.
Non-life threatening, nonpoisonous fish.
All birds, except those protected as wild birds by state or
federal statute.
A fence or a structure of at least six feet in height forming
or causing an enclosure suitable to prevent the entry of young children
and suitable to confine a dangerous or vicious dog. The enclosure
shall be securely enclosed and locked and designed with secure sides,
top, and bottom and shall be designed to prevent the animal from escaping
from the enclosure.
A dog subject to euthanasia means:
Any dog that has killed a person or other domestic animal;
Any dog that has rabies;
Any dog previously declared a "vicious" dog and bites a person
or domestic animal causing any injury to that person or domestic animal;
Any dog previously declared a "vicious" dog and is not kept
in the manner required by this Code for a vicious dog.
Any nondomestic animal not native to the state.
Any animal which yet, as a species, retains its wild nature;
any nondomestic animal; any untamed animal.
The physical restraint of any animal pending the judicial
and/or administrative process.
The injection, subcutaneously or otherwise, as approved by
the Illinois department of agriculture, of antirabic vaccine approved
by said department.
Owning, possessing or harboring. The term "harboring" shall
include regular feeding.
Any domestic animal.
For purposes of this chapter, an animal is considered a nuisance
when it causes inconvenience or disturbance to other persons by reason
of noise, odor or when said animal:
Damages real or personal property other than the owner's;
Causes unsanitary, dangerous or unreasonably offensive conditions;
Causes a disturbance by excessive barking, caterwauling or other
noisemaking;
Chases vehicles;
Chases, molests, attacks, bites, interferes with physically
or intimidates any person while on or off the premises of the owner;
Chases, molests, attacks, bites, or interferes with other animals
while off the premises of the owner.
Any person having a right of property in an animal; or any
person who keeps or harbors such animal; or has an animal in his/her
care; or who acts as such animal's custodian; or who knowingly permits
such animal to remain on or about any premises occupied by such person.
An applicant who has been granted a permit to raise, harbor,
or keep chickens pursuant to the City Code. If the applicant is a
rental tenant of the property on which the chickens are to be kept,
then the owner of the property must be a joint applicant and shall
be a joint permittee equally responsible for compliance with all laws
and regulations.
[Added 2-20-2023 by Ord. No. 23-02-03-51]
The City Administrator or his/her designee.
[Added 2-20-2023 by Ord. No. 23-02-03-51]
The impairment of physical condition.
A physical injury that creates a substantial risk of death
or that causes death, serious disfigurement, protracted impairment
of health, impairment of function of any bodily organ, or plastic
surgery.
Any living member of the animal kingdom (including exotic
animals) other than a domestic animal.
[Ord. 14-11-01-70, 11-17-2014]
A.
Cruelty: No person shall cruelly treat any animal in the City in
any way; any person who inhumanely beats, underfeeds, overloads, abandons
or neglects any animal shall be deemed guilty of a violation of this
chapter.
B.
Dangerous Animals (Nondog): A dangerous animal (nondog) is: 1) any
animal that damages real or personal property other than the owner's
property, or 2) chases, molests, attacks, bites, interferes with physically
or intimidates any person while on or off the premises of the animal's
owner, or 3) chases, molests, attacks, bites, interferes with physically
other animals while off the premises of the owner. It shall be unlawful
to keep any dangerous animal (nondog) within the corporate limits
of the City.
C.
Dangerous Dog: It is unlawful to keep a dangerous dog within the
corporate limits of the City except upon the following conditions:
1) such dog shall be kept confined in a building or fenced enclosure
from which the dog cannot escape; 2) when not confined, such dog must
be on a leash not exceeding six feet in length and strong enough to
restrain the dog at all times; and 3) such dogs shall, within 14 days
of any declaration of being a dangerous dog, display a dangerous dog
tag issued by McLean County animal control firmly affixed on the dog's
collar.
D.
Vicious Dog: It is unlawful to keep a vicious dog within the corporate
limits of the City except upon the following conditions: 1) such dog
shall be kept confined in a building or fenced enclosure from which
the dog cannot escape; 2) when not confined, such dog must be muzzled
and be on a leash not exceeding six feet in length and strong enough
to restrain the dog at all times. "Muzzled" means to have a device
securely fastened over the mouth of the dog such that it cannot bite
any person or animal; 3) such dog shall, within 14 days of being declared
vicious, display a vicious dog tag issued by McLean County animal
control firmly affixed on the dog's collar; 4) such dog must be spayed
or neutered within 14 days of being declared vicious.
E.
Dogs Subject To Euthanasia: It is unlawful for an owner of a dog
declared subject to euthanasia to not euthanize such dog. The owner
of a dog declared subject to euthanasia shall, within 14 days of the
order declaring such dog subject to euthanasia, provide proof to the
Police Chief that such dog has been euthanized. The Police Chief,
the animal control officer or their designees are authorized to seek
a warrant from McLean County circuit court for the immediate seizure
of any dog subject to a euthanasia order and have such dog euthanized.
If a dog subject to a euthanasia order is found in a public place
within the City limits, the Police Chief, animal control officer,
or their designees are authorized to immediately take such dog to
an impound facility or veterinarian to be euthanized.
F.
Declaring A Dog Dangerous, Vicious, Or Subject To Euthanasia: Any
person may file a complaint in writing to the Police Chief or his
designee, seeking to have a dog declared dangerous, vicious, or subject
to an order of euthanasia. The Police Chief or his designee shall
promptly notify the owner of the dog of the complaint and set the
matter for a hearing before the Police Chief or his designee. The
notice shall provide the owner of the dog with notice of the date,
time and place of the hearing. At the hearing, the complainant must
prove by a preponderance of the evidence that the dog is dangerous,
vicious or subject to an order of euthanasia as those terms are defined
by this Code. The hearing shall be informal and strict rules of evidence
shall not apply. Hearsay shall be permitted. The Police Chief, or
his designee, shall, after considering all the evidence, issue a final
determination on the complaint, declaring or not declaring the dog
dangerous, vicious, or subject to euthanasia. Any person aggrieved
by the decision of the Police Chief or his designee, may appeal or
contest such decision in the manner as provided by Illinois law.
Pending the decision of the complaint to declare a dog dangerous,
vicious, or subject to euthanasia, the owner of the dog shall not
suffer or permit the dog to leave the owners' premises unless the
dog is securely muzzled and restrained by a chain or leash not more
than six feet in length.
It shall be unlawful to keep a dog, which has been declared
dangerous, vicious, or subject to an order of euthanasia in any manner
other than as set forth in this Code.
G.
Noises: It shall be unlawful to harbor or keep any animals which
disturb the peace by loud noises at any time of the day or night.
Testimony of one or more persons residing or being in the neighborhood
that such animal disturbed their peace and quiet shall be prima facie
proof that such animal disturbed the peace and quiet of that neighborhood.
H.
Strays: It shall be unlawful to permit, suffer, or allow any cattle,
horse, swine, sheep, goats, poultry, or other animal, except as hereinafter
provided, to run at large in the City; any such animal running at
large in any public place or on property not owned or controlled by
such animal's owner or keeper, shall be impounded in the manner provided
in this chapter. It shall be unlawful to picket or tie any such animal
in any of the streets or other public places of the City for the purpose
of grazing or feeding. This offense is malum prohibitum in nature
and no specific intent or special state of mind is required to constitute
an offense.
I.
Killing Dangerous Animals: The members of the Le Roy police department
or the animal control officer, are authorized to kill any dangerous
animal of any kind when reasonably necessary for the protection of
any person.
J.
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 man or beast may be affected;
nor shall such diseased animal be shipped or removed from the premises
of the owner or keeper thereof, except under the supervision of the
animal control officer, or in their absence the chief of police.
K.
Housing: No person shall cause or allow any place where any animal
is or may be kept to become unclean, or unwholesome, and it shall
be unlawful to have or keep any live goats, cattle, roosters, horses,
rabbits, swine pigs, or other barnyard farm animals, other than hens,
in the City.
[Amended 2-20-2023 by Ord. No. 23-02-03-51]
L.
License Required: No dog or cat shall be permitted to be or remain
in the City without being licensed through the McLean County animal
control office.
M.
Animals Running At Large To Be Restrained: It is unlawful for any
owner or keeper of any animal to permit, suffer, or allow such animals
to be off the premises of such owner or keeper unless such animal
is under restraint, or unless such animal is upon the property of
another with that property owner's consent. This offense is malum
prohibitum in nature and no specific intent or special state of mind
is required to constitute an offense. As used in this subsection,
"restraint" shall be taken to mean:
N.
Animal Control Officer: The animal control officer, the public works
superintendent, the chief of the police and their designees are hereby
charged with the duty of impounding all strayed animals, all animals
running at large, all dangerous animals, and all dogs kept in violation
of an order declaring such dog dangerous, vicious, or subject to euthanasia.
The animal control officer, the public works superintendent, or any
police officer has authority to file a complaint with the chief of
police or his designee to have any dog declared dangerous, vicious,
or subject to euthanasia if such person has reasonable cause to believe
that such dog is dangerous, vicious, or subject to an order of euthanasia
as defined in this Code.
O.
Redemption Of Impounded Animal: Any animal impounded under this chapter
may be redeemed by such animal's owner or keeper by paying all applicable
fees as assessed by each restraining animal control facility. Said
fees will be due and payable to the restraining animal control facility.
Said animal(s) if impounded locally at the City of Le Roy facility
may be redeemed at the City street department located at 410 N. Hemlock
Street, or if they are transferred to the McLean County animal control
facility they may be redeemed at 9279 N. 1375 East Road, Bloomington,
IL 61704, phone: (309) 888-5060, fax: (309)888-5061.
1.
Said fees are subject to revision from time to time as the City and/or
county animal control facilities deem appropriate.
2.
No animal shall be released from impoundment unless all applicable
fees are paid to the City, and proof of proper rabies inoculation
is presented to the City animal control officer, a release form will
be prepared by the animal control officer. If the animal(s) have been
transferred to the McLean County animal control shelter the county
shall not release the animal(s) unless a valid City of Le Roy release
form is presented by the owner along with proof of proper rabies inoculation.
P.
Impoundment Of Licensed Animals; Notice: In addition to the notice
requirements of this section, written notice shall be mailed to the
registered owner of any animal wearing a current license tag concurrently
with the posting of notice required by this section. The animal control
officer shall give such written notice and shall retain a copy of
such notice with proof of service for the City files.
Q.
Animal Bites: Whenever any animal bites a person, the owner or keeper
of such animal, or, person having knowledge of such bite, shall immediately
notify the on duty police officer who shall order in writing that
such animal be impounded as above set forth for a period of 10 consecutive
days, exclusive of the day of the bite. The animal shall be examined
immediately after it has bitten a person by a veterinarian licensed
to practice in the state and shall be examined again at the end of
such ten-day period by the same veterinarian. If, at the end of the
ten-day period the same veterinarian, in writing, certifies the animal
to be free from rabies, such animal shall be released from impoundment
if its owner or keeper pays all impoundment costs and fees and, also,
reimburses the City for the actual expenses of having such animal
examined by a veterinarian as aforesaid. If the owner or keeper fails
to redeem such animal from impoundment, it shall be euthanized at
the end of the said ten-day period. If the animal dies during the
ten-day impoundment period, its head shall be sent to the appropriate
state authorities for examination for rabies. The ten-day impoundment
period contemplated in this subsection may be extended for such other
reasonable period as may deem necessary to protect the public health
and/or safety by the animal control officer or in their absence the
chief of police.
R.
Animal Excreta: It is unlawful for any owner, keeper or walker of
any animal to permit such animal to discharge or deposit such animal's
excreta upon any public or private property, other than the property
of the owner or keeper of such animal, if such owner, keeper or walker
does not immediately thereafter remove and clean up such animal's
excreta from the public or private property. Nothing in this subsection
shall be construed to negate the requirement of this chapter relating
to unclean or unwholesome housing of animals or to negate the requirements
of any other portion of this chapter.
S.
Mandatory Rabies Inoculation: Every owner or keeper of a dog or cat
kept or found within the corporate limits of the City shall cause
such dog or cat to be inoculated against rabies by a licensed veterinarian
at such intervals as may be established by regulations promulgated
pursuant to the Illinois animal control act. For purposes of this
subsection, the term "cat" is defined as a domesticated, carnivorous
mammal scientifically known as Felis domestica, of whatever breed,
sex or variety.
T.
Kennel: It is unlawful to operate a kennel in the City of Le Roy
unless such kennel is lawfully located in a zoning district that allows
such use as a permitted or special use, or such kennel is a lawful
nonconforming use. As used herein a "kennel" means any lot or premises
on which are kept four or more dogs more than six months of age but
does not include a veterinary hospital licensed by the state of Illinois
or a governmental animal control facility.
U.
Dog Dealer And Kennel Operator: No person shall engage in the business
of dog dealer or kennel operator within the corporate limits of the
City of Le Roy unless such person has a valid license issued by the
state of Illinois and is in compliance with the regulations of the
state of Illinois governing such business. As used herein "dog dealer"
and "kennel operator" have the same meanings as provided in the Illinois
welfare act[1] as amended from time to time.
[1]
Editor's Note: See 225 ILCS 605/1 et seq.
V.
Keeping
of Chickens: Subject to the provisions and regulations of the City
Code, the keeping of up to six female chickens (hens) per 1/4 acre
and 12 female chickens (hens) per 1/2 acre is allowed within the City
limits on lots zoned for single-family dwellings, and according to
the City's Zoning Code, located at Title 10 of this Code. The keeping
of male chickens (roosters) is hereby prohibited.
[Added 2-20-2023 by Ord. No. 23-02-03-51]
1.
Permit Required. No person shall raise, harbor or keep chickens within
the City of Le Roy without a valid permit obtained from the Permitting
Officer under the provisions of this subsection.
2.
Application. In order to obtain or renew a permit, an applicant shall
submit a completed application in such form as prescribed by the City
and provided by the Permitting Officer, either online or in paper
form, and pay all fees as required by this subsection.
3.
Fee. An annual license fee of $25 shall be paid to the City with
each new application and each renewal application. All permits shall
expire on March 1 of each calendar year. Applications for renewal
must be filed with the Permitting Officer on or before January 15
of each calendar year. Applications for permit renewals will require
the applicant to update all information set forth within the application.
4.
Permit Requirements. In addition to all other applicable requirements
of the City Code, every permittee (and joint permittee) must meet
the following requirements:
a.
All application and permit fees, as may be provided for from time
to time by Council resolution, are paid in full.
b.
All amounts owed to the City, including but not limited to liens,
fines and judgments, are paid in full, and all utility accounts with
the City are in good standing.
c.
The tract of land to be permitted shall only contain one single-family
dwelling occupied and used as such by the permittee/joint permittee.
d.
Each permit is valid only for the address on the original application
form. If the permittee moves or changes addresses, then a new application
and fee will be required to seek a new permit.
e.
Each application must include a scale drawing of the lot showing the location of the hen house, and defined in Chapter 10-1 of this Code, with respect to the property's lot lines. The drawing shall include dwelling units on all adjacent properties that would be within 100 feet of the proposed hen house location.
f.
The applicant must be prepared, upon receiving the permit, to register
the property for which the permit is issued with the Illinois Department
of Agriculture and, following such registration, provide the registration
number to the City.
5.
Issuance of Permit. If the Permitting Officer concludes as a result
of the information contained in the application that the requirements
for a permit have been met, then the Officer shall issue the permit
within 30 days of the application.
6.
Denial, Suspension, Revocation, Nonrenewal.
a.
The Permitting Officer may deny suspend, revoke, or decline to renew
any permit issued for any of the following grounds:
(1)
False statements on any application or other information or
report required by this subsection to be given by the applicant.
(2)
Failure to pay any application, penalty, reinspection or reinstatement
fee required by this subsection or City Council resolution.
(3)
Failure to correct deficiencies noted in notices of violation
in the time specified in the notice. The permittee shall be given
a minimum of 10 days to resolve deficiencies from date of notice.
(4)
Failure to comply with the provisions of an approved mitigation/remediation
plan by the Permitting Officer.
(5)
Failure to comply with any provision of this subsection.
b.
Notification. A decision to revoke, suspend, deny, or not renew a
permit shall be in writing, delivered by ordinary mail or in person
to the address indicated on the application. The notification shall
specify the reasons for the action.
c.
Effect of Denial or Revocation. When an application for a permit
is denied, or when a permit is revoked, the applicant may not reapply
for a new permit for a period of one year from the date of the denial
or revocation.
7.
Uses Prohibited. Chicken breeding, fertilizer production, bird fighting,
and butchering of chickens kept under this subsection are hereby prohibited.
8.
Chickens at Large. The permittee shall not allow his or her chickens
to roam outside of the fence-enclosed rear yard on the lot for which
the permit was granted. No dog or cat or other domesticated animal
which kills a chicken off the permitted tract of land will, because
of the attack on the chicken, be considered a dangerous or aggressive
animal for the purposes of the City's animal control provisions.
[Ord. 14-11-01-70, 11-17-2014]
A female animal which has not been spayed and when in heat shall
be confined by her owner in an enclosed place so that male animals
of the same species cannot enter such place.
[Ord. 14-11-01-70, 11-17-2014]
A.
Guide dogs for the blind or hearing impaired, support dogs for the
physically handicapped, and sentry, guard, or police owned dogs are
exempt from this chapter; provided, an attack or injury to a person
occurs while the dog is performing duties as expected. To qualify
for exemption under this section, each such dog shall be currently
inoculated against rabies in accordance with state law. It shall be
the duty of the owner of such exempted dog to notify the animal control
officer of changes of address. In the case of a sentry or guard dog,
the owner shall keep the animal control officer advised of the location
where such dog will be stationed. The animal control officer shall
provide police and fire departments with a categorized list of such
exempted dogs, and shall promptly notify such departments of any address
changes reported to him.
B.
The City, or any citizen of the City in which a nuisance animal exists
may file a complaint in the name of the City to enjoin persons maintaining
or permitting such, to abate the same, to enjoin the owner of such
dog or other animal from permitting same to leave his premises when
not under control by leash or other recognized control methods. Upon
filing of a complaint in the circuit court, if satisfied that this
nuisance may exist, shall grant a preliminary injunction with bond
in such amount as the court may determine enjoining the defendant
from maintaining such nuisance. If the existence of the nuisance is
established, the owner of such dog or other animal shall be in violation
of this section, and in addition, the court shall enter an order restraining
the owner from maintaining such nuisance and may order that such dog
or other animal be humanely euthanized.
[Ord. 14-11-01-70, 11-17-2014]
None of the provisions of this chapter shall apply to police
owned dogs. The provisions of this chapter shall be reasonably modified
as required by law to accommodate guide animals, and support animals
for disabled persons. A disabled person is any person having a disability
as that term is defined in the Illinois human rights act or the Americans
with disabilities act.
[Ord. 14-11-01-70, 11-17-2014]
Any person who is convicted of violating any of the provisions of this chapter shall be subject to a fine exclusive of court costs, for each such occurrence as established in Subsection 1-4-3B of this Code and as follows:
A.
Impound fee: $75 for each animal impounded.
[Ord. 14-11-01-70, 11-17-2014]
No person, firm, corporation, organization or department shall
possess or harbor or maintain care or custody of any dog for the purpose
of dogfighting, or train, torment, badger, bait or use any dog for
the purpose of causing or encouraging the dog to attack human beings
or domestic animals.
[Ord. 14-11-01-70, 11-17-2014]
A.
Possession Of Certain Animals Prohibited: No person, partnership,
firm or corporation shall keep, harbor, possess, care for, act as
custodian for or have a right of property in:
1.
A wild animal (including, but not limited to, all animals enumerated
in Section 1 of the dangerous animal act of Illinois) except circuses,
zoos, veterinary hospitals or clinics, animal shelters which must
be legally licensed pursuant to federal and/or state statutes, or
facilities licensed and regularly inspected by the USDA and which
are located within a proper zoning classification.
2.
Any animal or bird which has been declared "rare" and/or "endangered"
by any national government, recognized international organization
or by interim treaty, including animals listed in the federal animal
welfare act.
3.
Any exotic animal or bird.
B.
Sale, Lease, Or Transfer: No person shall sell, lease or transfer any of the animals described in Subsection A of this section except to a legally licensed dealer, circus or zoo.
C.
Limit On Number Of Animals: No household shall harbor nine or more
animals (as defined in this chapter) over the age of six months on
property within the City, and
1.
No household shall harbor four or more adult animals of the same
type, i.e.: dogs, cats, birds, etc.
2.
The limit on the number of animals shall not apply to property operated
as an animal hospital or veterinary clinic when operated by a veterinarian
licensed under the Illinois veterinary medicine and surgical practice
of 2004.
D.
Farm Animals: Except as otherwise provided in the zoning ordinances
of the City, all farm animals, including those classified as pets,
shall be prohibited.
E.
Public Display: It shall be unlawful for any person to display in
public in the City any animal, bird or reptile which will reasonably
cause fear or apprehension of bodily injury in a person of normal
sensibilities. This subsection shall not apply to animals, birds or
reptiles in confinement or cages.
[Ord. 14-11-01-70, 11-17-2014]
Notwithstanding the ban on keeping certain barnyard farm animals in Subsection 5-1-2K of this chapter or farm animals in Subsection 5-1-8D of this chapter, a resident may request that the City Council grant a variation to allow the temporary keeping of certain barnyard or farm animals on property in the City. The City Council has sole discretion to determine whether to grant or deny the application, the City Council may consider among other factors, the purpose for the request, the size of the property, the type and number of animals to be kept, the proximity of nearby properties, and the duration of the requested variation. No variation may exceed one year, although a variation may be extended by the City Council upon good cause shown.
