[HISTORY: Adopted by the Mayor and City Council of the City of Maroa as Ch. 3 of the 2001 Code. Amendments noted where applicable.]
[Amended 1-28-2002 by Ord. No. 01/28/2002-1; 8-25-2008 by Ord. No. 08/25/08-8; 2-3-2025 by Ord. No. 2025/02/03-3; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
As used in this article, the following terms shall have the meanings indicated:
AT LARGE
Any dog or cat shall be deemed to be "at large" when it is off the property of its owner and not under the control of a responsible person.
CAT
Any feline, regardless of age or sex.
CONTROL
An animal is under control if it is on a leash not more than eight feet in length; is under voice control in the presence of a competent person; is on or within a vehicle being driven or parked; or is within the property limits of its owner or harborer or upon the premises of another person with the consent of that person.
DEPARTMENT OF AGRICULTURE
The Department of Agriculture of the State of Illinois.
DOG
Any canine, regardless of age or sex.
INOCULATION AGAINST RABIES
The injection subcutaneously or otherwise as approved by the Department of Agriculture of the State of Illinois of canine or feline anti-rabic vaccine, approved by the Department of Agriculture.
OWNER
A person having a right of property in a dog or cat or who keeps or harbors a dog or cat, or who has a dog or cat in his care, or who acts as its custodian or who knowingly permits a dog or cat to remain on or about any premises occupied by him.
RESTRAINT
A dog or cat is under "restraint" within the meaning of this chapter if it is controlled by a leash; at "heel" beside a responsible person; within a vehicle being driven or parked on the streets; or within the property limits of its owner or keeper.
A. 
Dogs and cats to be inoculated and to have name tags affixed to collars.
(1) 
Each calendar year or at such intervals as may hereafter be promulgated by the Department of Agriculture, every owner or keeper of a dog or cat four months or more of age shall cause such dog or cat to be inoculated against rabies. Such owner or keeper of such dog or cat shall cause a serially numbered tag evidencing such inoculation to be attached to a collar or harness worn by the dog or cat.
(2) 
Every owner or keeper of a dog or cat, regardless of age, shall cause the dog or cat to wear a collar or harness and shall affix thereto a metallic or other suitable tag inscribed with the name, address and phone number, if any, of the owner or keeper of the dog or cat.
B. 
Inoculation to be performed by licensed veterinarian; issuance of certificate. The inoculation of dogs or cats required by Subsection A(1) shall be performed by a veterinarian duly licensed to practice his profession in this state. Upon performing such inoculation, such veterinarian shall issue to the owner or keeper a certificate showing such fact and shall also deliver to the owner or keeper a metallic or other suitable tag to be attached to the collar or harness of the dog or cat, which shall also certify to the fact of the inoculation against rabies.
C. 
Duration of inoculation. The inoculation performed under the provisions of Subsection B shall be effective until the expiration of the calendar year in which the vaccination was performed or the expiration of such period of time as may be promulgated by the Department of Agriculture.
D. 
Specifications for tag. The tag issued under the provisions of Subsection B shall be in such form as shall be determined by the Department of Agriculture.
E. 
Exhibition of certificate upon request. At any reasonable time upon request of any member of the Police Department or City employee, the owner or keeper of any dog or cat shall exhibit his certificate issued under the provisions of Subsection B, showing the inoculation against rabies of any dog or cat owned or controlled by him.
The owner or keeper of a dog or cat shall keep the dog or cat under restraint at all times and shall not permit such dog or cat to be at large or off the premises of the property of the owner or keeper, unless the dog or cat is under complete control. For the purposes of this section and § 109-4C, a dog or cat shall be considered to have been permitted to be at large or permitted to run at large regardless of whether there is any fault or knowledge on the part of the owner or keeper.
A. 
It shall be the duty of such employees and officers of the Police Department as shall be designated for that purpose by the Mayor to take up and impound in such place as may be designated and set apart for that purpose any dog or cat found running at large or unlicensed in the City, contrary to any of the provisions of this chapter or other regulations of the City.
B. 
When dogs or cats are found running at large or unlicensed and their ownership is known to the designated employee(s), such dogs or cats may be impounded at the discretion of such employee(s), or the employee(s) may instead cite the owner of such dog or cat to answer charges of violation of this chapter.
C. 
Any dog or cat permitted to run at large within the City is hereby declared to be a nuisance.
D. 
Any animal impounded by the City shall be taken to Macon County Animal Control. If the animal is not redeemed within seven days, the animal may be humanely destroyed or otherwise disposed of by Macon County Animal Control. Fees may be charged by Macon County Animal Control, as well as by the City of Maroa.
E. 
Any dog or cat found running at large contrary to the provisions of this chapter may be apprehended and impounded. A dog or cat found running at large contrary to the provisions of this chapter a second or subsequent time must be spayed or neutered within 30 days after being reclaimed unless already spayed or neutered; failure to comply shall result in impoundment and may result in fines.
F. 
Macon County Animal Control and the Maroa City Council may establish fees from time to time for the impoundment of animals. The general penalty may also be imposed (see Chapter 1, Article III, of the City Code).
When a dog or cat is impounded, the designated official shall take the dog or cat to Macon County Animal Control, which will scan the dog or cat for the presence of a microchip and examine it for other currently acceptable methods of identification, including, but not limited to, identification tags, tattoos and rabies license tags, within 24 hours after intake and make reasonable attempts to contact the owner, informing the owner of the impounding of the dog or cat. The City of Maroa shall cite the owner or keeper of such dog or cat to answer charges for violation of this chapter. Charges may also be imposed by Macon County Animal Control.
Any person(s) who shall bring any dog or cat into the City for the purpose of causing the same to be impounded or any person who shall resist, hinder or molest the poundmaster or animal control officer or police officer while engaged upon the duties imposed upon them by this chapter or any person who shall break into the pound and release or deliver any dog or cat therefrom without having first paid the fees herein specified, or any owner or keeper of any dog or cat who shall permit any dog or cat to run at large within the corporate limits of the City, upon conviction of any part of this chapter, shall be fined according to Chapter 1, Article III, General Penalty, of the City Code.
Those persons charged with the duty of enforcing this chapter may employ any method found practical and humane in capturing and impounding any dog or cat found running at large.
Any dog or cat which may, in any manner, continually disturb the quiet of any person or neighborhood or shall destroy or in any manner injure any animal, plant, shrub or other property not on the premises of its owner or keeper is hereby declared to be a nuisance, and such dog or cat shall be taken up and impounded and may be redeemed or disposed of in the manner provided for under this chapter.
No person in control or possession of a female dog or cat or permitting the same to remain upon his or her premises shall permit any such female dog or cat, while in heat, to consort with any other dog(s) or cat(s) in an indecent manner in any place of public view, whether upon his own or any other premises.
As used in this article, the following terms shall have the meanings indicated:
CAT
Any feline, regardless of age or sex.
DOG
Any canine, regardless of age or sex.
SHADE
Protection from the direct rays of the sun during the months of June through September.
SHELTER
As it applies to dogs, shall mean a moisture-proof structure of suitable size to accommodate the dog and allow retention of body heat, made of durable material with a solid floor raised at least two inches from the ground and with the entrance covered by a flexible, windproof material. Such structure shall be provided with a sufficient quantity of suitable bedding to provide insulation and protection against cold and dampness.
VICIOUS ANIMAL
Any animal which has previously attacked or bitten any person or which has behaved in such a manner that the person who harbors said animal knows or should reasonably know that the animal is possessed of tendencies to attack or bite persons.
WILD ANIMAL
Any live monkey or ape, raccoon, skunk, fox, snake or other reptile, leopard, panther, tiger, lion, lynx or any other animal or any bird of prey which can normally be found in the wild state.
A. 
Unlawful. It shall be unlawful for any person owning or possessing a dog or cat to permit such dog or cat to go upon any sidewalk, parkway or private lands or premises without the permission of the owner of such premises and break, bruise, tear up, crush or injure any lawn, flower bed, plant, shrub, tree or garden in any manner whatsoever, or to defecate thereon.
B. 
Waste products accumulations. It shall be unlawful for any person to cause or permit a dog or cat to be on property, public or private, not owned or possessed by such person unless such person has in his immediate possession an appropriate device for scooping excrement and an appropriate depository for the transmission of excrement to a receptacle located upon property owned or possessed by such person. This subsection shall not apply to a person who is visually or physically handicapped.
A. 
Pens, yards or runs. All pens, yards, runs or other structures wherein any animal is kept shall be of such construction so as to be easily cleaned and kept in good repair.
B. 
Fences. Fences which are intended as enclosures for any animal shall be securely constructed, shall be adequate for the purpose, kept in good repair and shall not be allowed to become unsightly.
A. 
It shall be unlawful for any person to knowingly keep or harbor any dog which habitually barks, howls or yelps, or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood, or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to be a public nuisance.
B. 
Petitions of complaint. Whenever any person shall complain to the Police Department that a dog which habitually barks, howls or yelps or a cat which habitually cries or howls is being kept by any person in the City, the Police Department shall notify the owner of said dog or cat that a complaint has been received and that the person should take whatever steps are necessary to alleviate the howling, yelping or crying.
A. 
Unlawful cruelty; exceptions. It shall be unlawful for any person to willfully or maliciously inflict unnecessary or needless cruelty, torture, or abuse or cruelly beat, strike or abuse any animal, or by an act, omission or neglect cause or inflict any unnecessary or unjustifiable pain, suffering, injury or death to any animal, whether such animal belongs to such person or to another, except that reasonable force may be employed to drive away vicious or trespassing animals. Any unwanted animals should be delivered to the County Animal Control Facility for proper disposal.
B. 
Food and shelter. It shall be unlawful for any person in charge of any animal to fail, refuse or neglect to provide such animal with food, potable water, shade or shelter, or to cruelly or unnecessarily expose any such animal in hot, stormy, cold or inclement weather, or to carry any such animal in or upon any vehicle in a cruel or inhumane manner. The terms used in this section shall comply with § 109-12.
(See definitions in § 109-12.)
A. 
It shall be unlawful for any person to keep or permit to be kept on his premises any wild or vicious animal as described in this chapter for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions or circuses.
B. 
It shall be unlawful for any person to keep or permit to be kept any wild animal as a pet, unless a permit is granted by the Department of Natural Resources of the State of Illinois.
C. 
It shall be unlawful for any person to harbor or keep a vicious animal within the City. Any animal which is found off the premises of its owner may be seized by any police officer or humane officer and upon establishment to the satisfaction of any court of competent jurisdiction of the vicious character of said animal, it may be killed by a police officer or humane officer; provided, however, that this subsection shall not apply to animals under the control of a law enforcement or military agency nor to animals which are kept for the protection of property, provided that such animals are restrained by a leash or chain, cage, fence or other adequate means from contact with the general public or with persons who enter the premises with the actual or implied permission of the owner or occupant.
D. 
The licensing authority may issue a temporary permit for the keeping, care and protection of any infant animal native to this area which has been deemed to be homeless.
A. 
Certain prohibitions. Except as otherwise provided in this chapter, no person shall keep within the City any cattle, cows, horses, sheep, swine, goats, ducks, turkeys, geese or other livestock.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Exceptions. This section shall not apply to areas of the City that are zoned agricultural, nor shall this section apply to livestock brought into the City for the purpose of being shipped out of the City.
C. 
Health hazard. The Mayor shall have the power to issue an order prohibiting the keeping of any animal, fowl or bird which is deemed to pose a health hazard to the general public.
The ownership and possession of a domestic pet known as a "potbellied pig," and also known as the "Vietnamese Potbelly" or the "Chinese Potbelly," within the City of Maroa is hereby authorized.
A. 
The possession of said potbellied pig is limited to one per household. No such pig shall be kept within the City limits unless it has been spayed or neutered to render it incapable of reproduction. No such potbellied pig shall be kept within the City limits if it exceeds 100 pounds in weight.
B. 
In order to assure that potbellied pigs kept within the City of Maroa do not serve as a source of disease or run at large or endanger any person, the provisions of Articles I and II of this chapter shall also apply to potbellied pigs.
C. 
All potbellied pigs will be registered with the City Clerk each year.
A. 
Nuisance. The keeping of an unlimited number of dogs and cats in the City for a considerable period of time detracts from and, in many instances, is detrimental to the healthful and comfortable life for which such areas were created. The keeping of an unlimited number of dogs and cats is, therefore, declared to be a public nuisance. The terms "dog" and "cat" shall be construed as provided in § 109-12.
B. 
Limitation; exception.
(1) 
It shall be unlawful for any person or persons to keep more than three dogs and/or three cats within the City; with the exception that a litter of pups, a litter of kittens or a portion of a litter may be kept for a period of time not exceeding five months from birth.
(2) 
The provisions of this section shall not apply to any establishment wherein dogs or cats are kept for breeding, sale, sporting purposes or boarding.
C. 
Kennels. In the areas where kennels are permitted, no kennel shall be located closer than 200 feet to the boundary of the nearest adjacent residential lot.
[Added 8-25-2008 by Ord. No. 08/25/08-8]
A. 
For a period of 10 years commencing upon the release of a person from incarceration, it is unlawful for a person convicted of a forcible felony, a felony violation of the Humane Care for Animals Act, a felony violation of Article 24 of the Criminal Code of 1961, a felony violation of Class 3 or higher of the Illinois Controlled Substances Act,[1] a felony violation of Class 3 or higher of the Cannabis Control Act,[2] or a felony violation of Class 2 or higher of the Methamphetamine Control and Community Protection Act,[3] to knowingly own, possess, have custody of or reside in a residence with either:
(1) 
An unspayed or unneutered dog or puppy older than 12 weeks of age; or
(2) 
Irrespective of whether the dog has been spayed or neutered, any dog that has been determined to be a vicious dog under Section 15 of the Animal Control Act.[4]
[4]
Editor's Note: See 510 ILCS 5/15.
[1]
Editor's Note: See 720 ILCS 570/100 et seq.
[2]
Editor's Note: See 720 ILCS 550/1 et seq.
[3]
Editor's Note: See 720 ILCS 646/1 et seq.
B. 
Any dog owned, possessed by or in the custody of a person convicted of a felony, as described in Subsection A, must be microchipped for permanent identification.
C. 
Sentence. A person who violates this section is guilty of a Class A misdemeanor or the nearest equivalent penalty available under municipal law, and/or the general penalty fine.
[Added 6-23-2014 by Ord. No. 06/23/2014-3]
Notwithstanding any other section of this chapter, it shall be lawful for a natural person to raise chickens and rabbits on premises used as their primary residence under the following conditions:
A. 
A permit to raise chickens and/or rabbits shall be issued by the City of Maroa before any animal husbandry activities are undertaken and must be obtained on annual basis. The permit fee shall be as set from time to time by the City Council. There may be a maximum of one permit holder for a primary residence. The permit holder shall take notice that a permit may be revoked or the City may refuse to issue a permit should any activity associated with raising chickens or rabbits not be in compliance with this section or other laws or regulations of the State of Illinois.
[Amended 11-27-2017 by Ord. No. 2017/11/27-2; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Failure to comply with any provision of this section or any applicable section of the Revised Code of the City of Maroa shall result in a fine of $150 per day.
[Amended 11-27-2017 by Ord. No. 2017/11/27-2]
C. 
Chickens and rabbits may not be raised for sale or for any commercial purposes. All eggs, meat, offspring and by-products must be consumed/used by the family members living at the primary residency or may be given away or disposed of in accordance with the laws and regulations of the City of Maroa and State of Illinois.
D. 
Accumulations of waste and by-products are not allowed. Waste and by-products must be regularly disposed of or utilized in a permitted manner to avoid creating a nuisance.
E. 
Excessive odor, noise or inhumane treatment of animals is hereby declared to be a nuisance under this chapter and subject to the fine as specified in Subsection B of this section. Inhumane treatment includes, but is not limited to, the following:
(1) 
Failing to provide a sufficient quantity of good-quality, wholesome food and water.
(2) 
Failing to provide adequate shelter and protection from the weather. A shelter must have four sides, a roof, floor and bedding. The shelter shall be placed to provide shade from the sun and protection from the weather.
(3) 
Failing to provide veterinary care when needed to prevent suffering.
(4) 
Failing to provide other humane care and treatment.
F. 
Limitation on the number of animals kept.
(1) 
Chickens.
(a) 
Persons keeping chickens for egg production may keep a maximum of eight hens; absolutely no male animals (cocks or roosters).
(b) 
Persons keeping chickens for meat production may have fowl of either or both sexes. All cockerels must be slaughtered/harvested before reaching 12 weeks of age. A maximum of 12 fowl may be kept at any one time.
(c) 
A person combining egg and meat production may at no time have more than 18 birds of any age.
(2) 
Rabbits.
(a) 
No more than two breeding-age bucks and five breeding-age does may be kept at any one time. "Breeding age" is defined as rabbits six months of age and older.
(b) 
Rabbits not used as breeding stock shall be slaughtered/harvested before they reach the age of four months.
G. 
No pen, hutch, coop or other structure used in animal husbandry shall be located less than 15 feet from the boundary line of any adjoining property owner or no less than 25 feet from an adjoining residence or business, whichever distance is greater. No pen, hutch, coop or other structure used in animal husbandry shall be greater than 15 feet from the permitted person's primary residence.
[Amended 11-27-2017 by Ord. No. 2017/11/27-2]
H. 
All chickens and rabbits must be kept in enclosures that allow at least four square feet of indoor space per adult animal.
I. 
No chicken or rabbit shall be allowed to run at large within the City of Maroa.
J. 
This section shall not supersede any prohibition of any type of animal husbandry in any subdivision covenant.
K. 
Permits under this section shall not be issued to residents of multiunit (more than two units) apartment buildings.
L. 
By applying for and being granted a permit to raise chickens or rabbits, the permittee grants the City or its designated representatives the right to come upon the permittee's property to inspect the condition of the animal husbandry activities undertaken by the permittee twice per year. In addition to such yearly inspections, should a complaint be lodged regarding the permittee's animal husbandry, the permittee grants the City or its designated representatives the right to come upon the permittee's property to investigate the complaint.
[Amended 11-27-2017 by Ord. No. 2017/11/27-2]