[Ord. 203, 8-5-1985; amended Ord. 2015-831, 5-4-2015; Ord. 2020-923, 6-15-2020]
"Dog" or "cat" as defined herein.
This person or entity is whomever the City employs to provide
animal control services, or whoever the City contracts with (i.e.
Logan County animal control) to provide animal control services within
the City.
Any dog shall be deemed to be at large when it is off the
premises of its owner's real property and not restrained by a
competent person.
All domesticated members of the feline family, male or female.
A person capable of controlling and governing the dog or
cat in question and to whose command the dog or cat is obedient.
Physical restraint of a dog by a fence, structure, chain,
rope, or other means of sufficient strength or construction to restrain
the dog in question.
Includes all members of the canine family, male or female.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation.
A cat who has reverted in some degree to a wild state or
the descendants of such an animal. They originate from former domestic
cats that have been lost or abandoned and then learned to live outdoors
or in an environment involving little human contact.
Any person who harbors more than four dogs or four cats or
any combination thereof over four months of age within any dwelling
unit and/or structure within the curtilage of the dwelling after obtaining
a license.
Any person having a right of property in a dog or cat or
who acts as custodian, cares, keeps, or knowingly permits the dog
or cat to remain on or about any premises occupied by said person.
A dog off its owner's premises is under restraint under
this definition:
If it is controlled by a line or leash not more than eight feet
in length when said line or leash is held by a competent person.
On a training leash of 50 feet or less during a bona fide training
session conducted by a competent person; provided that the dog is
not annoying any person, trespassing on private property, or in a
public area where dogs are forbidden.
When confined within a driven vehicle, parked, or stopped.
At "heel" of a competent person.
As applied to a dog, means a dog off or outside the premises
of its owner, unless it is under proper "restraint" as defined in
this section.
The surgical spay of a female animal or castration of a male
animal so as to render said animal of incapable of breeding.
[Ord. 203, 8-5-1985]
(A)
No person shall own, possess, keep, maintain, or harbor any dog or
cat over the age of four months of age within the City without causing
such dog or cat to be inoculated as required by the state. Such inoculation
shall be required regardless of whether or not the dog or cat is confined
at all times to an enclosed area.
(B)
No person shall own, possess, keep, maintain, or harbor any dog over
the age of four months without registering said certificate of inoculation
with the office of the Administrator of Logan County rabies control
program as prescribed by the code of Logan County of the state.
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Failure to comply with Subsections (A) and (B) of this section is a violation for which, upon finding a violation thereof, such person shall pay a penalty of $5 for the first violation, $10 for the second violation occurring within a twelve-month period, and $15 for the third and each successive violation within a twelve-month period. The failure to inoculate each dog and cat and the failure to register the certificate for each dog shall each constitute a separate violation.
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Each day of noncompliance with this section shall constitute
a separate violation. If an animal is not inoculated and registered
after its owner has been found to be in violation of this section
three times within a twelve-month period, said animal shall be impounded
by the animal control Administrator or his/her delegate and may be
redeemed or disposed of in accordance with the provisions of this
chapter.
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[Ord. 203, 8-5-1985; amended Ord. 2020-923, 6-15-2020; Ord. 2020-930, 8-17-2020]
(A)
No person shall permit or cause any dog owned by him or her to run
at large within the incorporated area of the City.
(B)
No person shall permit any dog owned by him or her to make frequent
or long continued noises thereby disturbing the comfort or repose
of any person in the vicinity.
(C)
Failure to adhere to the above subsections and upon finding a violation
thereof, the owner shall be penalized $100 for the first violation,
$200 for the second violation occurring within a twelve-month period,
$400 for the third violation occurring within a twelve-month period,
$500 for the fourth violation within a twelve-month period, and $1,000
thereafter for each successive violation occurring within the same
twelve-month period.
[Ord. 203, 8-5-1985]
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 at all times. Collars for
dogs shall be made of substantial materials of sufficient strength
to control and restrain the animal. Collars for cats shall be a humane
breakaway type or suitable harness.
[Ord. 203, 8-5-1985]
(A)
The tag pursuant to 510 Illinois Compiled Statutes 5/8 requiring inoculation by a licensed veterinarian shall be attached to the collar required by Section 6-2-4 of this chapter.
(B)
In addition to the required rabies tag, all dogs and cats shall have
affixed to their collars an identification tag stating the owner's
name, current address, and telephone number.
[Ord. 203, 8-5-1985]
No person shall, without consent of the owner or keeper of any
dog or cat, take away or otherwise remove the registration tag, identification
tag, or collar from any dog or cat.
[Ord. 203, 8-5-1985]
Every dog running at large within the City shall be impounded
by the animal control Administrator or his/her delegate or the police
as provided hereafter, whether or not such dog is wearing evidence
of inoculation. For this purpose, the animal control Administrator
or his/her delegate shall utilize any existing or available public
shelter. Once a dog has been impounded, it may be released only after
payment of fees as set forth in this Chapter.
[Ord. 203, 8-5-1985; Ord. 2013-778, 5-20-2013]
(A)
No person owning, possessing, or harboring any dog or cat within
the City shall permit his/her animal to become a nuisance. A dog or
cat shall be considered a nuisance if said animal:
1.
Substantially damages property other than the owner's.
2.
Causes unsanitary, dangerous, or unreasonably offensive conditions.
3.
Causes a disturbance by excessive barking, caterwauling, or other
noisemaking.
4.
Chases vehicles or molests, attacks, or interferes with persons or
domestic animals while off the premises of the owner.
(B)
The animal control Administrator or his/her delegate upon reasonable grounds shall impound any dog or cat creating a nuisance off the real property of the owner and not restrained by a "competent person" as defined in Section 6-2-1 of this chapter.
(C)
Any owner of any dog or cat which creates a nuisance in violation
of this section shall, upon conviction thereof, pay a penalty of not
less than $75 nor more than $500.
[Ord. 203, 8-5-1985]
(A)
The owner of every dog or cat impounded by the animal control Administrator or his/her delegate, if known, shall be notified of the time and date of the impoundment of said dog or cat by certified mail. It shall be the duty of the owner or his/her delegate of such impounded dog or cat to immediately redeem same, unless such dog or cat has been impounded: 1) for biting some person within the City, 2) for being afflicted with rabies, 3) for being suspected of being afflicted with rabies, or 4) for being a dangerous animal pursuant to Section 6-2-17 of this chapter. Said owner shall redeem his/her animal(s) within seven days of the date and time of notice excepting Sundays and holidays.
(B)
Such dog or cat may be redeemed by the owner upon payment to the
animal control Administrator or his/her delegate the lawful fees accrued
pursuant to this chapter for impounding such dog or cat. Every dog
or cat redeemed must have attached to its collar the rabies tag of
the county of Logan for the preceding twelve-month period, or proof
must be provided of such tag within five days of release by the animal
shelter.
[Ord. 203, 8-5-1985]
Upon expiration of seven days from the date of impoundment,
excepting Sundays and holidays, an impounded dog or cat, except one
which has been impounded for biting a person, may be redeemed by any
person upon payment to the animal control Administrator or his/her
delegate the redemption fee, boarding, and medical charges accrued
for impounding such dog or cat; provided, that every dog or cat redeemed
must have attached to its collar, or proof must be provided within
five days, the rabies tag of the county of Logan. Provided further,
that no animals shall be redeemed from the animal shelter unless sterilized
at the cost of the new owner.
[Ord. 203, 8-5-1985]
The following redemption fees shall be charged for every dog
or cat impounded by the City: $6 pick up, $6 release, violation for
running at large (dogs only), violation for not having dog registered,
and cats and dogs rabies inoculation, and rabies and registration
must be collected if not up to date (state and county law).
[Ord. 203, 8-5-1985]
In addition to the redemption fees to be charged for every dog
or cat impounded, the owner or redeemer of said dog or cat shall pay
the animal shelter for the cost of boarding for the entire period
that it was impounded and all medical charges which have accrued as
a result of necessary medical treatment. These costs shall be paid
even if the animal is impounded by court order.
[Ord. 203, 8-5-1985]
(A)
No impounded dog or cat which has bitten a person within the City
shall be redeemed before the expiration of 10 days from the date of
impoundment. All fees due under the provisions of this chapter shall
be paid after the expiration of said ten-day period and before said
dog or cat is released. If not paid within such period, said dog or
cat shall be humanely destroyed and a necropsy performed.
(B)
Every dog or cat not afflicted or suspected of being afflicted with
rabies which has been impounded for biting any persons within the
City may be redeemed at the end of 10 days by the owner after any
examination by a licensed veterinarian who makes a negative rabies
finding and after all fees are paid and the dog or cat has been inoculated
and the dog registered.
[Ord. 203, 8-5-1985]
Any impounded dog or cat which has bitten any person in the
City shall, within 13 days after the date such person was bitten,
be destroyed unless redeemed in accordance with the provisions of
this chapter or shall be destroyed if afflicted by rabies. Every stray
dog or cat impounded for or suspected of having rabies will be humanely
destroyed after a seventy-two-hour impoundment period and a necropsy
performed.
[Ord. 203, 8-5-1985]
All dogs and cats which have been impounded and not redeemed
in accordance with the provisions of this chapter after the expiration
of seven days, excepting Sundays and holidays, from the date of the
original impoundment shall be humanely euthanized.
[Ord. 203, 8-5-1985]
Any dog or cat suspected of being afflicted with rabies and
running at large within the City may be slain by the animal control
officer, police officer, sheriff, or deputy sheriff if such officer
deems it essential to the safety of any person within the City or
necessary to prevent its escape, and the head of said animal shall
be preserved and delivered to the county veterinarian or his/her delegate
in order that a necropsy can be conducted to determine if such animal
was rabid.
[Ord. 203, 8-5-1985]
(A)
Any dog or cat running at large within the City whose capture endangers
or threatens the safety of an animal control officer, police officer,
sheriff or deputy sheriff, or endangers the safety of any person within
the City, may be slain by an animal control officer, police officer,
sheriff, or deputy sheriff.
(B)
The animal control Administrator or authorized agent upon determining
that any dog or cat within the City has: 1) bitten a person two times
within a calendar year, 2) is dangerous to life, limb, or property,
or 3) is detrimental to the health of persons residing in the area
where the animal is kept, shall impound said animal immediately. Within
14 days of the date of impoundment, upon due notice to owners of the
animal, the animal control Administrator shall hold a hearing to determine
whether the animal is dangerous to life, limb or property, or detrimental
to the health of persons residing in the area where the animal is
kept. If the Administrator finds the animal to be dangerous or detrimental,
it shall order appropriate remedies, including, but not limited to,
caging, muzzling, removal of the animal from the City, or destruction
of the animal.
(C)
Any owner of said dangerous animal, upon conviction thereof, shall
pay a penalty of not less than $50 nor more than $500.
[Ord. 203, 8-5-1985]
It shall be unlawful for any person to liberate or attempt to
liberate any dog or cat 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. Any person violating this section,
upon conviction thereof, shall pay a penalty of not less than $50
nor more than $500.
[Ord. 203, 8-5-1985]
It shall be unlawful for any person to obstruct, impede, or
interfere with the animal control Administrator 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 Administrator or
any of his/her delegates or the police from capturing or impounding
any animal within the City. Any person violating this section, upon
conviction thereof, shall pay a penalty of not less than $50 nor more
than $500.
[Ord. 203, 8-5-1985]
It shall be unlawful for any person, whether the owner of said
dog or cat or not, to intentionally provoke any dog or cat, so as
to create a nuisance to the neighborhood or cause a violation of any
provisions of this chapter. Such person shall, upon conviction thereof,
pay a penalty of not less than $25 nor more than $500.
[Ord. 203, 8-5-1985]
The owner of every dog or cat shall promptly remove any accumulation
of animal waste deposited by said dog or cat on his own property or
public property. Such person shall, upon conviction thereof, pay a
penalty of not less than $25 nor more than $500.
[Ord. 203, 8-5-1985]
The owner of any female dog or cat in heat shall confine said
animal in a building or secure enclosure. Any dog or cat found running
at large or tied out of doors unprotected will be in violation of
this section and a penalty of $10 will be paid by owner of animal.
[Ord. 203, 8-5-1985]
Any person whose motor vehicle strikes a dog or cat within the
City shall promptly report such occurrence to the animal shelter or
police department with a description of the animal struck, condition
of the animal, and the location of the striking.
[Ord. 203, 8-5-1985]
It shall be unlawful for any person to abandon any dog or cat
within the City. Any person violating this section, upon conviction
thereof, shall pay a penalty of not less than $50 nor more than $500.
[Ord. 203, 8-5-1985]
Whoever shall be guilty of cruelty to any animal in any of the
ways mentioned in this section, shall be fined not less than $50 nor
more than $500 for each offense. The following acts shall be deemed
an offense, but shall not be exclusive:
(A)
By overloading, overdriving, overworking, cruelly beating, torturing,
tormenting, mutilating, or cruelly killing any animal or causing or
knowingly allowing the same to be done.
(B)
By cruelly working any old, maimed, infirm, sick or disabled animal,
or causing or knowingly allowing the same to be done.
(C)
By failing to provide for any animal in his charge or custody as
owner or otherwise, with proper and necessary food, drink, or shelter.
(D)
By abandoning or turning out to die, any old, maimed, infirm, sick,
or disabled animal.
(E)
By carrying or driving or causing to be carried or driven, or kept,
any animal in an unnecessarily cruel manner.
[Ord. 203, 8-5-1985; Ord. 573, 11-3-2003]
(A)
Multiple Pet Owner Or Hobby Breeder: Multiple pet owners or hobby
breeders (hereinafter referred to as "multiple pet") shall obtain
an annual license from the City upon payment of a fee of $25. Said
license shall run from the period of May 1 of each year, through and
including April 30 of the following year, and such fee shall be paid
for a full year or any part thereof.
(B)
Licensee Not Exempt From Registration Fees: Payment by a multiple
pet owner shall not exempt such licensee from payment of registration
fees for each dog or cat owned by him or her.
(C)
Penalties: Multiple pet ownership by a person or persons without
obtaining a license shall be a violation of this section for which,
upon conviction thereof, such person or persons shall be penalized
not less than $50 nor more than $500.
[Ord. 203, 8-5-1985]
(A)
By taking out a multiple pet owner license, said license holders
consent to the inspection of the premises where their animals are
kept or maintained. Such inspection shall be performed upon receipt
of a complaint during regular business hours upon written notice to
the owner or occupant of the premises to be inspected, and such inspection
shall be conducted by the shelter manager or authorized agents of
the City. Failure to comply with a request for inspection by a City
department or code enforcement inspector is a violation of this section.
Holders of multiple pet owner licenses shall conform to the following
standards and requirements in maintaining said premises upon which
the animals are kept or maintained:
1.
If animals are kept or maintained within a structure or building,
said structure or building shall be kept clean, meet City health standards
and not constitute a nuisance to the health and welfare of the neighborhood.
2.
License holders who maintain their animals outside a building or
structure a substantial portion of the day and/or night shall conform
to the following standards:
(a)
Provide a shelter of sufficient height and width to permit said
animal or animals to stand up and turn around inside, when fully grown,
for each animal.
(b)
Said shelter in which said animal or animals are confined shall
provide shade from the sun for a reasonable part of each day for the
animals housed therein and shall be located a distance of 100 feet,
or a distance equal to 1 1/2 times the width of the lot or parcel
of land occupied by the shelter, whichever is lesser of the two distances,
from any residence located on lots or parcels of land adjoining or
contiguous to the property occupied by the shelter.
3.
Prevent their animals from running at large.
4.
Prevent their animals from creating a nuisance by barking, caterwauling,
or otherwise creating noise loud enough to disturb neighbors.
5.
Keep their premises clear of all dog or cat feces to prevent its
accumulation from constituting a health hazard or an odorous nuisance.
(B)
Failure of a multiple pet owner or hobby breeder licensee to comply
with the aforesaid standards shall be a violation of this section
for which, upon conviction thereof, such person or persons shall be
penalized not less than $50 and not more than $500.
(C)
Upon conviction of the licensee of a third violation of the standards
required, the animal control Administrator shall revoke the multiple
pet owner license for a period of not less than one year nor more
than four years. After expiration of the revocation period, the license
shall not be automatically reinstated. The former licensee must reapply
for the license and show an ability to conform to the existing ordinances
before he/she may be issued a multiple pet owner license.
[Ord. 203, 8-5-1985]
The animal control Administrator shall investigate and keep
a record of every person bitten by any dog or cat within the City,
shall impound and dispose of, according to the provisions of the code,
all dogs running at large, nuisance and dangerous animals within the
City and shall remove injured animals from any street or public place
within the City.
The animal control Administrator and authorized agents shall
remove from any street or public place within the City any injured
dog or cat not properly cared for by the pet owner and may, if he/she
deems it advisable, impound such dog or cat with some veterinarian
or at the animal shelter.
The animal control Administrator and his/her delegate(s) shall
have the power to issue citations for violations of this chapter.
[Ord. 203, 8-5-1985]
Every person who shall kill or attempt to kill or wound by the
use of firearms, bow and arrow, pelting with stones, slingshots, or
otherwise, any birds or squirrels within the City limits, or who shall
shoot an arrow or throw a stone or club or other missile, at any bird
or squirrel within any private grounds, or public parks, squares,
or grounds, or enter upon any private enclosure or public grounds
belonging to the City for the purpose of doing any act prohibited
by this section, shall forfeit and pay a fine of not less than $10
nor more than $100 for each offense.
[Ord. 203, 8-5-1985]
Any person who shall, within the City, keep or use or be in
any way connected with the management of any place kept or used for
the fighting or baiting of any dog, cock, or other animal, or who
shall permit such place to be kept or used on premises owned, rented,
or controlled by him, or who shall frequent or be found therein, for
the purpose of witnessing such fighting or baiting, shall in each
case, upon conviction, be fined not less than $50 nor more than $500.
[Ord. 203, 8-5-1985]
Provisions of this chapter shall not apply to dogs leading blind
persons, hearing dogs accompanied by their owners, dogs being used
for hunting or field trials, dogs being displayed or performing at
dog shows, dogs on private property of others with the actual, implied,
customary, or constructive consent of the owner of such private premises,
dogs while on federal, state, municipal, or county roads or highways
while going or coming from a hunt or field trial or dog show site,
to bloodhounds used for tracking in conjunction with police activities,
dogs of the canine corps of any law enforcement agency or to dogs
of the military forces of the United States while being used for official
business.
[Ord. 2014-819, 9-2-2014; amended Ord. 2020-928, 8-3-2020]
Except as otherwise expressly provided for in this chapter or
Title 11 of this Code, no person shall keep, harbor or allow to be
kept within the City limits any live chicken (except egg laying hens
as defined 6-2-33), turkey, goose, duck or any other poultry or byproduct
bird, pigeons, goat, sheep, swine, cattle, horse, or any type of hoof
stock, any type of farm animal including any pygmy or miniature variety
thereof; any lion, tiger, leopard, ocelot, jaguar, cheetah, margay,
mountain lion, lynx, bobcat, jaguarundi, bear, hyena, wolf, wolf hybrid,
poisonous reptile, monkeys, or nondomesticated animal found in its
natural state to be wild and potentially dangerous to human life.
It is no defense to a violation of this section that the owner or
keeper of the animal has attempted to domesticate the animal and there
shall be no grandfathering in of any prohibited animal.
[Ord. 2020-928, 8-3-2020; amended Ord. 2020-929, 8-17-2020]
(A)
Keeping Of Chickens: An exception to the inclusion of chickens in Section 6-2-32 shall be as follows. The keeping of chickens within the City limits shall be considered an allowable use in all residential zoning districts. A permitting process through the City Clerk and building and safety office will allow the keeping of chickens possible as long as the following regulations are met.
1.
A limit of six chickens are allowed on lots less than or equal to
one acre. An additional one chicken will be permitted to be added
for every one-half-acre in excess of one acre. In any case no more
than 10 chickens will be allowed on any single lot. A minimum number
of two chickens shall be present per allowable use.
2.
The keeping of roosters or crowing hens is not permissible.
3.
Animals, eggs or any byproducts shall not be made for sale on the
premises.
4.
Coops and free range areas shall not be permitted within the confines
of the front or side yards of the property as defined in 11-2-1.
5.
Coops and free range areas shall be set back 10 feet from all property
lines.
6.
Coops and free range areas shall be set back no less than 12 feet
from the primary lot dwelling unit and no less than 30 feet from any
neighboring dwelling units. If lot constraints will not allow the
30 feet distance from neighboring dwelling units to be met a consent
release may be provided from said neighbor. This release applies only
to the resident at the time of permitting and will be subject to re-approval
and possible permit revocation upon change in tenant or owner.
7.
All coops and free range areas shall be maintained in a sanitary,
non-offensive manner and without the accumulation of waste, urine,
feces or any other item that maybe considered to have a disagreeable
odor or appearance. Offensive conditions will be subject to ordinance
violation and potential fines per Title 7 of this Code.
8.
Chickens shall have adequate shelter, food and water at all times.
The chickens must be secured from escape at all times and wings should
be maintained via clipping to prevent escape.
9.
Chickens shall be secured in their coops and from predators from
sundown to sunup.
10.
A minimum space of four square foot per each chicken shall be
made available within the enclosed area as well as an additional eight
square foot per each chicken of "free range" or "run" area. A minimum
dimension of three linear foot shall be maintained in any direction
or usage. Coops shall not exceed seven feet in height or 40 feet in
total square footage and shall be finished to be aesthetically pleasing.
11.
No part of the property dwelling unit or garage shall be used
for the keeping of chickens.
12.
Sheltered and free range areas should be made to be weather
and predator resistant.
13.
All animal feed, bedding and other supplies associated with
the keeping of chickens and likely to become an attractant to or infested
by rodents or pests shall be stored and secured properly.
14.
Lawful subdivision covenants will supersede any allowances made
by this Code section.
(B)
Permits: A resident desiring to have chickens must first obtain a
permit. The permit, if granted, is nontransferable if the permit holder
moves to another property within the City of Lincoln. The permit fee
is set at $25 per property per year. The owner of the permit is subject
to a yearly inspection in order to renew the permit.
(C)
Penalty:
1.
No person shall cause their chickens to run at large within the incorporated
areas of the City.
2.
Failure to keep the chickens on their property in a condition that
is satisfactory to the building and safety office upon inspection.
3.
Failure to adhere to the above subsections and upon finding a violation
thereof, the owner shall be penalized $100 for the first violation,
$200 for the second violation occurring within a twelve-month period,
$400 for the third violation occurring within a twelve-month period,
$500 for the fourth violation within a twelve-month period, and $1,000
thereafter for each successive violation occurring within the same
twelve-month period.
4.
In addition to the fines previously mentioned the building and safety
office has the ability to not renew a permit or pull a permit from
an individual who refuses to manage their respective hens in a safe
and sanitary manner as outlined in division (A).
[Ord. 2014-819, 9-2-2014]
If any section, subsection, paragraph, sentence, clause, or
phrase in this chapter or any part thereof, or application thereof
to any person, is for any reason held to be unconstitutional or invalid
or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions
of this chapter or any part thereof. It is hereby declared to be the
legislative intent of the City Council that this chapter would have
been adopted if such unconstitutional or invalid provision, clause,
sentence, paragraph, section, or part thereof had not been included.
