CHAPTER 4 - ANIMAL CONTROL

ALTERED ANIMAL:	An animal which has been spayed or neutered by a licensed veterinarian and which has thereby been rendered incapable of reproduction.
ANIMAL:	Any living, vertebrate creature, domestic or wild, not including man.
ANIMAL SHELTER:	Any facilities operated, owned or maintained by a duly incorporated humane society, animal welfare society or other nonprofit organization whose purpose is to provide for and promote the welfare, protection and humane treatment of animals.
CAT:	Any animal of the family Felidae.
DANGEROUS ANIMAL:	Any animal which, without provocation, attacks or injures a person who is peaceably conducting himself in any place where he lawfully may be. Dangerous animals shall also include any animal which, because of its size, vicious propensity or other characteristic, would constitute a danger to human life, property or domestic animals if not restrained or kept in a safe manner.
DOG:	Any animal of the family Canidae.
FOWL:	Any domesticated birds, poultry or water fowl.
HUMANE DISPATCH:	Disposal by euthanasia.
IDENTIFIED ANIMAL:	Any animal wearing a current license tag required by this Chapter, or County Rabies Tag securely fastened to a collar or harness worn by the animal which identifies the owner of the animal and the owner's address.
KENNEL OPERATOR:	Any person who operates an establishment, other than a pound or animal shelter, where dogs and/or cats are maintained for boarding, training or similar purposes for a fee or compensation; or who sells, exchanges, or offers for adoption with or without charge dogs and/or cats which he has produced or raised. A person who owns or harbors three (3) or fewer female animals shall not be considered a kennel operator.
LIVESTOCK:	Any cattle, calves, sheep, swine, horses, mules, goats or other animals, other than fowl, which can or may be used in and for the preparation of meat or meat products for consumption by human beings or animals.
OWNER:	Any person who has a right of property in an animal, who keeps or harbors an animal, who has an animal in his care, who acts as custodian of an animal, or who knowingly permits any domestic animal to remain on or about any premises occupied by him.
PERSON:	Any person, firm, corporation, partnership, association or other legal entity.
PET SHOP OPERATOR:	Any person who operates an establishment, other than a pound or animal shelter, where animals are sold, offered for sale, exchanged, or offered for adoption with or without charge. A person who sells, offers to sell, exchanges or offers for adoption only such animals that he has produced and raised shall not be considered a pet shop operator.
POUND:	Any facility owned by, or operated under contract with, the City, for the purpose of impounding, housing or harboring seized, stray, homeless, abandoned or unwanted animals.
PUBLIC NUISANCE:	Any animal or animals which: (a) chases passersby or passing vehicles, (b) attacks other animals, (c) is at large three (3) or more times within a year's time, (d) damages private or public property, or (e) barks, howls, cries, or runs at large, so as to disrupt the peace of the neighborhood.
RESTRAINT:	An animal shall be deemed under restraint if:
	1. It is under the control of its owner or other responsible person by means of a leash, cord, rope, strap, chain or lead held by such owner or person and securely fastened to the collar or harness attached to the animal; or
	2. It is securely enclosed, confined or restrained on premises where it lawfully may be so as to be unable to enter upon the public way or to molest persons lawfully using the public way.
RUNNING AT LARGE:	Any animal that is free of restraint off the premises of the owner.
WILD ANIMALS:	All naturally wild animals native to the State of Illinois.

10-4-2: - ANIMAL CONTROL OFFICER:

The animal control officer is a peace officer authorized to enforce the provisions of this Chapter including the impoundment, redemption and disposal of animals. City police officers shall also enforce the provisions of this Chapter and shall cooperate with the animal control officer in carrying out the provisions of this Chapter.

10-4-3: - LICENSING REQUIREMENTS, PROVISIONS:

10-4-3-1: - KENNELS, PET SHOPS AND ANIMAL SHELTERS; LICENSE AND FEE:

No person shall engage in the business of pet shop operator, kennel operator, animal shelter or any combination thereof without a license therefor issued by the State of Illinois in accordance with the Illinois Animal Welfare Act. ^[97] Only one license shall be required for any combination of businesses at one location.

10-4-3-2: - DOG AND CAT LICENSE REQUIREMENTS; FEES:

Required: Issuance: All persons who own or keep any dog and/or cat four (4) months of age or older within the corporate limits of the City shall annually obtain a City dog and/or cat license for each such animal. The City Finance Department shall issue a dog and/or cat license upon receipt of a rabies inoculation certificate stating that the dog and/or cat has been inoculated against rabies and that such inoculation is effective for the current license year.

Fees:

2.1.

A license fee of eight dollars ($8.00) shall be paid for issuance of an annual dog and/or cat license, except as provided in subparagraphs 2.2 and 2.3 hereof.

2.2.

A license fee of four dollars ($4.00) shall be paid for issuance of an annual dog and/or cat license for an altered dog and/or cat, upon presenting evidence that the dog and/or cat has been spayed or neutered.

2.3.

No license fee shall be required for dogs and/or cats owned, kept, impounded, maintained or employed by animal shelters, pounds, veterinary hospitals, local governmental units or for guide purposes by a visually impaired person (seeing eye dogs). Such person shall comply in all other respects with this Section.

Term; License Nontransferable:

3.1.

The license year shall commence on January 1 and end on the following December 31. A dog and/or cat license shall be obtained on or before March 1 of the license year or by the time such dog and/or cat becomes four (4) months of age, whichever is later.

3.2.

New residents of the City of Naperville shall have thirty (30) days to obtain a City dog and/or cat license.

3.3.

No person may transfer a dog and/or cat license from one dog and/or cat to another.

Displaying License: Every owner of a dog and/or cat shall firmly secure a current City dog and/or cat license to the licensed dog and/or cat by means of a collar.

10-4-3-3: - NONRESIDENTS, EXEMPTION:

Persons who are temporary residents of the City for a period less than four (4) months shall be exempt from the provisions of this Section 10-4-3; provided, however, that such persons shall be in compliance with all animal control regulations applicable to the area of their domicile, that any dogs and/or cats owned by such persons have received a current rabies inoculation and that the owners shall have evidence of such current rabies inoculation.

10-4-3-4: - REGISTER OF LICENSES:

It shall be the duty of the City Finance Department to keep a current register of all licenses issued in accordance with this Chapter containing the names and addresses of all licensees and a description of all licensed dogs and/or cats including tag numbers, date of issuance, sex and rabies inoculation certificate.

10-4-4: - IMPOUNDMENT PROCEDURES:

10-4-4-1: - CONFINEMENT OF ANIMALS; RECORDS KEPT:

Unrestrained animals, abandoned animals, animals running at large and animals maintained in violation of this Chapter shall be taken by the animal control officer or police officer to the pound and confined in a humane manner. The animal control officer shall maintain a record of all impounded animals, including, if known, the name and address of the animal's owner, description of the animal, license number, sex of the animal, date of impoundment and the date and manner of notice to the owner of the animal's impoundment.

10-4-4-2: - NOTICE OF IMPOUNDMENT:

Where an identified animal is impounded, the animal control officer shall notify the owner by telephone or other means of the impoundment and of the procedure to regain custody of the animal. In the event the owner cannot be contacted on the first day of impoundment, a written notice will be forwarded by certified mail, return receipt requested, advising the owner that the animal will be disposed of if not claimed within seven (7) days of when the notice was mailed.

10-4-4-3: - REDEMPTION OF IMPOUNDED ANIMALS; FEES:

An unidentified animal may be redeemed by the owner before the animal is disposed of.

An identified animal may be redeemed by the owner on or before the seventh day after notice of impoundment was mailed to the owner in accordance with Section 10-4-4-2 of this Chapter, or before the animal is disposed of.

The owner of an impounded animal shall pay a redemption fee of fifteen dollars ($15.00); provided, however, that the redemption fee for the first impoundment shall be ten dollars ($10.00) for dogs and/or cats wearing a current dog and/or cat license tag. The owner shall also pay six dollars ($6.00) for each day the animal was impounded for the cost of boarding the animal. The animal shall not be released to the owner until these fees are paid.

10-4-4-4: - LICENSES AND INOCULATIONS:

Any person redeeming or claiming an impounded dog or cat shall present a City dog or cat license upon release of the animal or shall present proof that a dog or cat license for the current license year was previously issued.

Any person redeeming or claiming an impounded dog or cat shall produce a certificate of inoculation for rabies at the time the animal is released.

10-4-4-5: - HUMANE DISPOSAL:

Any animal not redeemed in accordance with this Chapter may be offered for adoption, humanely dispatched or offered to an animal shelter. If accepted by an animal shelter, the animal shelter may offer the animal for adoption or humanely dispatch the animal.

10-4-4-6: - INTERFERENCE WITH IMPOUNDING:

No person shall prevent or interfere with the impounding or disposal of any animal in accordance with this Chapter.

10-4-5: - DOGS AND CATS:

10-4-5-1: - RABIES INOCULATION:

All persons who are the owners of any dog or cat over four (4) months of age within the City shall have such animal vaccinated by a licensed veterinarian so as to provide immunity from rabies for one to three (3) years.

(Ord. 88-221, 11-21-88)

10-4-5-2: - NUMBER OF DOGS AND CATS:

The number of dogs and cats that a person may keep on his property in the City is limited to a maximum of no more than three (3) dogs and no more than three (3) cats with the exception that a litter may be kept for a period of time not exceeding four (4) months from birth. To otherwise exceed this maximum shall be unlawful.

(Ord. 90-95, 5-15-90)

The provisions of this Section shall not apply to persons who are licensed to engage in the businesses of pet shop operator, kennel operator or animal shelter.

10-4-5-3: - RUNNING AT LARGE:

No person shall cause or permit any dog, cat, or other animal owned or kept by him to run at large within the City. Dogs or cats which are on any street, alley or sidewalk, or any other public place, without being held securely on a leash shall be deemed to be running at large. It shall be unlawful to permit any dog or cat to run at large on the property of anyone but the owner thereof without the permission of the owner of the aforementioned property.

10-4-5-4: - PUBLIC NUISANCE:

It is unlawful for any owner to fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance.

Any dog or cat which habitually barks, howls, yelps, cries, or runs at large so as to disrupt the peace and quiet of the neighborhood or as to materially disturb or annoy persons in the neighborhood is hereby declared to be a public nuisance.

10-4-6: - FOWL AND LIVESTOCK:

Housing: All fowl and livestock shall be kept within a pen, coop, building or other enclosure sufficient in size and strength to confine such animals to the owner's property, except that livestock may be tethered securely to a fixed object outside the enclosure, but only if the animal is so confined to the owner's property.

Zoning: Fowl and livestock may be kept in any area in the City except as otherwise provided by this Chapter or the City's Zoning Ordinance. ^[98]

Restrictions:

3.1.

No livestock shall be kept, housed, maintained or pastured within a distance of two hundred (200) feet of any occupied residence other than that of the owner.

3.2.

No pen, coop, building or other enclosure used for the purpose of housing fowl (with the exception of homing pigeons) shall be erected or maintained within twenty-five (25) feet of any occupied residence other than that of the owner.

3.3.

Every person maintaining a pen, coop, building, yard or enclosure for fowl or livestock shall keep such area clean, sanitary and free from all refuse. Such areas shall be thoroughly swept at least once every twenty-four (24) hours and the dirt and refuse shall be disposed in a clean and sanitary fashion.

3.4.

All feed for fowl or livestock shall be kept in containers that are rodent-proof until put out for consumption of fowl or livestock.

10-4-7: - SANITARY AND HEALTH CONDITIONS ^[99]:

All kennel operators, pet shop operators and animal shelters shall:

Maintain sanitary conditions in areas where animals are kept for any period of time;

Provide sufficient and proper ventilation in all areas where animals are kept for any period of time;

Provide adequate nutrition for all animals;

Take reasonable care to prevent the transmission of disease including necessary veterinary care.

(Ord. 88-221, 11-21-1988)

10-4-8: - CARE AND TREATMENT OF ANIMALS:

Humane Care: No person shall cruelly treat, beat, torment, overload, overwork or otherwise abuse any animal. No owner of an animal shall fail to provide such animal with sufficient and wholesome food and water, proper shelter and protection from the weather, veterinary care when necessary to prevent suffering, and humane care and treatment.

Inhumane Treatment: No person shall cause any animal to be subjected to cruel or inhumane treatment, including, but not limited to:

2.1.

The unnecessary separation of a female animal from its offspring before such time as the offspring can survive such separation;

2.2.

Painting, dyeing or otherwise coloring any animal as a novelty or offering such animal for sale, exchange or adoption;

2.3.

Giving an animal, other than fish, as a prize or inducement to any person to enter any competition, contest or place of amusement;

2.4.

Offering to give an animal, other than fish, as an inducement for the purpose of attracting trade;

2.5.

Promoting, inciting or conducting animal fights or the intentional killing of animals for wagering or entertainment;

2.6.

Keeping an animal in any container or other enclosed area without sufficient food, water, light, ventilation and care for an unreasonable length of time so as to cause undue discomfort or suffering;

2.7.

Offering baby chicks, ducklings or goslings for sale, barter or to be given away as pets or novelties;

2.8.

Holding a greased pig contest;

2.9.

The unnecessary killing of any species of an animal except rat, mouse, mole or vole;

2.10.

The transporting of any living animal on the running board, fenders, hood or other outside part of any vehicle unless suitable harness, cage or enclosure is provided so as to protect such animal from falling or being thrown therefrom.

(Ord. 88-221, 11-21-1988)

10-4-9: - PROHIBITED ACTS, CONDITIONS:

Unwanted Animals: No owner may abandon an animal. Unwanted animals shall be offered to responsible persons for adoption or to an animal shelter or pound. If an unwanted animal is not accepted by either an animal shelter or pound, the animal shall be humanely dispatched by a licensed veterinarian.

Keeping Of Wild Animals: No person shall keep or permit to be kept on his premises any wild animal as a pet or for display or exhibition purposes unless he has obtained a State permit. This Subsection shall not apply to zoological parks performing animal exhibitions or circuses.

The animal control officer or any police officer shall have the power to release or order the release of any wild animal capable of surviving in the wild and/or turn same over to an agency with a State permit to house wildlife.

Nuisance: It is unlawful for any owner to permit his dog or cat to discharge such animal's excrement upon any public or private property within the City, other than the owner's property, if such owner does not immediately thereafter remove and clean up such animal's excrement from the public or private property. This Subsection shall not apply to an owner who is visually handicapped if such owner's dog is a seeing eye guide dog.

Keeping Dangerous Animals:

4.1.

Whenever an animal control officer or police officer determines upon personal observation and investigation that an animal is a "dangerous animal" as defined in this Chapter, the officer shall notify the owner of the animal in writing of his determination, the reasons for his determination, the requirements of this Chapter regulating the keeping of dangerous animals, and the procedures to appeal the determination of the officer. Notification shall be by personal service or certified mail, return receipt requested.

4.2.

Any owner of an animal which has been determined dangerous as set forth in Subsection 10-4-9.4.1 of this Section, may appeal that determination in writing to the Police Chief within seven (7) days of service of the notice. The Police Chief or his designate within seven (7) days of receipt of a written appeal shall hold a hearing on whether or not the animal is dangerous as defined in this Chapter. The Police Chief or his designate shall render a decision within seven (7) days of the close of the hearing.

4.3.

No owner shall permit any dangerous animal to be on any private or public property, other than the owner's property, unless such animal is securely muzzled or caged. Adequate safeguards shall be taken to prevent unauthorized access to a dangerous animal on the owner's premises by persons lawfully on the premises.

4.4.

Any dangerous animal running at large which constitutes a danger to persons or property and which cannot safely be taken or impounded may be destroyed by the animal control officer, a police officer or any person authorized by the City; provided, however, that in all cases where the animal has seized or bitten any person or animal with its teeth or jaws so as to cause a puncture or abrasion of the skin, or where the animal is suspected to be rabid, no injury should be done to the head of the animal and it is the duty of the person slaying said animal to immediately deliver the carcass to the animal control officer or a licensed veterinarian.

Diseased Animals: It shall be unlawful for an owner to permit a domestic animal afflicted with a contagious disease to run at large or to be exposed in any public place whereby the health of any other animal or man may be affected.

Hunting Animals:

6.1.

Game: It shall be unlawful to hunt or trap game animals within the City limits.

6.2.

Hunting: It shall be unlawful for any person to engage in killing any animal other than as prescribed by law in the City.

(Ord. 88-221, 11-21-1988)

10-4-10: - ANIMAL BITES:

The Police Department shall investigate reports of animal bites. If an animal has bitten a person, the Police Department shall notify the owner of the animal and the animal shall be delivered promptly to a licensed veterinarian who shall confine or cause to be confined such animal as provided in the Animal Control Act. If the owner is not known, the police officer or animal control officer shall take such animal to a licensed veterinarian to be confined, as provided in the Animal Control Act of the State of Illinois ^[100].

(Ord. 88-221, 11-21-1988)

10-4-11: - INJURED OR DEAD ANIMALS:

Any person who knowingly causes an animal to be injured or killed shall immediately attempt to notify the owner of such injury or death. If the owner cannot be located, the person shall immediately notify the animal control officer or any police officer of the incident.

If the animal control officer or any police officer locates an injured animal, he shall attempt to locate the owner of such animal. If the owner of an injured animal cannot be located, the animal control officer or police officer shall deliver the injured animal to a licensed veterinarian for veterinary care including humane dispatch if appropriate. The owner is responsible for paying for veterinary services provided to his animal and shall pay for such services before the animal is released. In the event that the owner refuses to claim the animal, or if the animal dies before claimed by the owner, he is still responsible for said veterinary services.

The animal control officer or any police officer locating a mortally wounded animal may humanely dispatch the animal if the owner cannot be located.

(Ord. 88-221, 11-21-1988)

10-4-12: - EXTERMINATION OF PESTS:

This Chapter does not affect the extermination of rats, mice, moles or voles.

(Ord. 88-221, 11-21-1988)

10-4-13: - ENFORCEMENT; PENALTIES:

Violations: This Chapter shall be enforced by an appropriate ordinance enforcement action, and enforcement may be commenced by the issuance of a notice to appear in accordance with Chapter 38, Section 107-12 of the Illinois Criminal Code, Illinois Compiled Statutes, whenever it appears that a violation of this Chapter has been committed. A notice to appear may provide for settlement of the violation by payment of ten dollars ($10.00) within five (5) days of receipt of the notice to appear.

Penalties: Any person violating any provisions of this Chapter shall be subject to a fine of not less than thirty-five dollars ($35.00) and not more than two hundred dollars ($200.00). Service of summons may be by certified mail in accordance with Chapter 24, Section 1-2-9.1 of the Illinois Municipal Code.

(Ord. 88-221, 11-21-1988)