Chapter 6-05
GENERAL REGULATIONS
Sections:
6-05-030 Animals running at large.
6-05-040 Rabies inoculation—Cats.
6-05-060 Registration of cats.
6-05-080 Harboring stray animals(s) restricted.
6-05-100 Adequate space—Tethering of animals.
6-05-110 Humane care of animals.
6-05-120 Abandonment of animal.
6-05-130 Multiple pet licenses.
6-05-160 Registration procedures—License and tags.
6-05-180 Diseased or injured animals.
6-05-200 Citations and penalties.
6-05-010 Definitions.
Unless it is apparent from the context that another meaning is intended, the following words when used in this chapter shall have the meaning attached to them as indicated herein:
“Administrator” means a veterinarian licensed by the state of Illinois and appointed by the city of Harvey pursuant to the state of Illinois Animal Control Act as amended.
“Breedable females” means any dog or cat that is six (6) months or older and is not spayed.
“Breeder permit” means a permit obtained from city of Harvey.
“Cat” means all members of the family feline.
“Direct, effective, physical control” means mechanical exercise or authority over a dog or other animal by the person in control of the animal, by means of a leash, cord, rope, strap or chain which shall be fastened to the collar or harness of the animal and of enough strength to control the dog or animal.
“Competent person” means a human being over the age of fifteen (15) years that can control and govern the dog or cat in question.
“Impoundment” means animals taken up under the foregoing provisions hereof shall be impounded in some suitable place provided by city or Cook County by contract or otherwise.
“Inoculated against rabies” means the injection of an anti-rabies vaccine given by a licensed veterinarian.
“Multiple pet owner” means any person who harbors or allows more than seven (7) dogs or cats, or any combination thereof, over four (4) months of age on their property or in their dwelling unit.
“Own” means have a right of property in, or keep, or harbor, or act as custodian of, or have the care of, or knowingly permit, or encourage, to remain on or about premises occupied by the owning person.
“Owner” means any person having a right of property in a dog or other animal or who keeps or harbors a dog or other animal or who has it in his care, or acts as its custodian, or who knowingly permits a dog or other domestic animal to remain on or about any premises occupied by him.
“Public safety agency” means a functional division of a public agency which provides firefighting, police, medical, or other emergency services.
“Registration certificate” means a document or writing furnished by the city of Harvey upon proper registration and upon payment of the registration fee herein imposed, unless exempt from payment of the registration fee.
“Registration tag” means a tag, disk, or plate of suitable and durable material furnished by the city of Harvey.
“Run at large” means suffering or permitting or causing an animal to be at any place within the city, at any time, outside an escape-proof building or other enclosure without such animal being under direct, effective physical control of the owner thereof, or his agent, or a member of the immediate family of said owner.
“Shelter” means a building which has four (4) sides, a roof, floor, and bedding. The shelter shall be of enough size to permit such animal to stand up and turn around inside when fully grown and allow retention of body heat. The shelter shall be placed to provide shade from the sun and protection from the weather.
“Straying” means a dog or other animal not on the premises of the owner or not confined or under control by leash or other recognized control methods.
“Tether” means a method of securing an animal to a stationary object. (Ord. 3383 § 1 (Exh. A (part)), 2019)
6-05-020 Sanitation.
All companion animal kennels, pens, enclosures or areas in which any such animal is kept must be maintained in a sanitary manner without the accumulation of dirt, offal, or urine and in such a manner as to prevent any disagreeable odor. (Authority Source: 510 ILCS 5/24) (Ord. 3383 § 1 (Exh. A (part)), 2019)
6-05-030 Animals running at large.
Every owner of an animal shall contain such animal to the confines of the owner’s real property unless the animal is under restraint and shall not permit such animal to be at large. Any animal found running at large in violation of this section may be apprehended and impounded. (Authority Source: 510 ILCS 5/9—510 ILCS 5/24)
These provisions shall not apply to:
A. Dogs being used in hunting, field trials;
B. Dog shows while on public lands set aside for those purposes;
C. Bloodhounds or other dogs used for tracking in conjunction with police activities;
D. Dogs of the canine corps of any police force, the state police, any federal law enforcement agency, or the Armed Forces while being used to conduct official business or being used for official purposes;
E. Dogs confined upon the property of another with the permission of the property owner or resident of such property. (Ord. 3383 § 1 (Exh. A (part)), 2019)
6-05-040 Rabies inoculation—Cats.
It shall be the duty of every owner who harbors or keeps any cat which is not confined at all times to an enclosed area or on a leash to have such cat inoculated against rabies by a licensed veterinarian on or before the first day of June of each year. (Ord. 3383 § 1 (Exh. A (part)), 2019)
6-05-050 Biting animals.
Any animal which shall bite a person so as to cause an abrasion or laceration or puncture of the skin of such person is hereby declared to be a nuisance and such animal shall be taken up and impounded as hereafter provided. (Authority Source: 510 ILCS 5/13) (Ord. 3383 § 1 (Exh. A (part)), 2019)
6-05-060 Registration of cats.
No cat shall be permitted to be or remain in the city without being registered in accordance with state law and the provisions of this chapter. (Authority Source: 510 ILCS 5/24) (Ord. 3383 § 1 (Exh. A (part)), 2019)
6-05-070 Tag worn.
Each registered cat shall be provided by the owner with a suitable collar or harness to which the registration tag for that animal shall be securely attached. Both collar or harness and registration tag shall be worn by such animal at all times. Any cat found within the city, whether running at large or otherwise, without a registration tag thereon may be impounded as herein provided. (Authority Source: 510 ILCS 5/24) (Ord. 3383 § 1 (Exh. A (part)), 2019)
6-05-080 Harboring stray animals(s) restricted.
No person shall harbor, keep, care for, feed or allow to remain on their property any stray domestic animal without notifying the city within forty-eight (48) hours. (Authority Source: 510 ILCS 5/24) (Ord. 3383 § 1 (Exh. A (part)), 2019)
6-05-090 Nuisance animal.
No person owning, possessing or harboring any animal within the city shall permit said animal to become a nuisance. An animal, other than a dog trained for law enforcement in the performance of its duty, shall be considered a nuisance if said animal:
A. Substantially damages property other than the owner’s.
B. Causes a disturbance by excessive barking, caterwauling or noisemaking.
C. Chases, molests, attacks, bites, or interferes with other domestic animals while off the premises of the owner.
The administrator or animal shelter manager or delegate, upon reasonable grounds, shall impound any animal creating a nuisance by being in violation of subsection C of this section and not restrained by a competent person. (Authority Source: 510 ILCS 5/24) (Ord. 3383 § 1 (Exh. A (part)), 2019)
6-05-100 Adequate space—Tethering of animals.
A. No person shall fail to provide any animal with adequate space. “Adequate space” means enough space to allow each animal to easily stand, sit, lie, turn about and make all other normal body movements in a comfortable, normal position for the animal and to interact safely with other animals in the enclosure.
B. When a dog is tethered, “adequate space” means a tether that permits the above actions and is appropriate to the age and size of the animal (no more than one-tenth (1/10) of the animal’s body weight). A tether must be attached to the animal by a properly applied collar, halter or harness configured to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal. (Authority Source: 510 ILCS 5/24) (Ord. 3383 § 1 (Exh. A (part)), 2019)
6-05-110 Humane care of animals.
No person shall fail to provide any animal in his/her charge or custody, as owner or otherwise, with proper and necessary food, drink, shelter, heat, air, sanitation or veterinary care. (Authority Source: 510 ILCS 70/3) (Ord. 3383 § 1 (Exh. A (part)), 2019)
6-05-120 Abandonment of animal.
No person shall abandon an animal within the city where it may become a public charge or may suffer injury, hunger or exposure. (Authority Source: 510 ILCS 70/3.01) (Ord. 3383 § 1 (Exh. A (part)), 2019)
6-05-130 Multiple pet licenses.
A. No person shall own or allow more than seven (7) dogs, cats or a combination thereof on any one (1) property or dwelling unit without obtaining a multiple pet license from city of Harvey. Multiple pet owners shall obtain an annual license from the city. Such license shall be obtained no later than thirty (30) days after assuming ownership of the eighth animal and shall be renewed annually by January 1st. The multiple pet license shall not exempt such licensee from payment of registration fees for each dog or cat owned by him/her.
B. This section shall not apply to persons licensed with the Illinois Department of Agriculture pursuant to 225 ILCS 605/3 and 225 ILCS 605/3.2. These persons will still be required to comply with all other city ordinances.
C. An applicant for a multiple pet license shall consent to the inspection of the premises where his animals are kept or maintained. Such inspection shall be performed upon receipt of a citizen’s complaint that is not anonymous. Annual inspections may be required for multiple pet owners where an inspection has shown marginally acceptable standards. Such inspection may be performed by city of Harvey. Failure to comply with a request for inspection is a violation of this chapter. Holders of multiple pet licenses shall conform to the following requirements:
1. All dogs and/or cats over four (4) months of age must be inoculated against rabies and registered pursuant to this chapter.
2. All dogs and/or cats must be provided with fresh water daily, enough food to maintain acceptable body weight, proper shelter, protection from the weather and sufficient veterinary care to prevent suffering.
3. If the dogs and/or cats are kept or maintained within a structure or building, such building shall: be cleaned of feces and urine on a daily basis; not constitute a nuisance or danger to the health or welfare of its inhabitants or surrounding residents; be well ventilated and maintain appropriate temperature (follow USDA guidelines) to prevent suffering.
4. The dogs and/or cats shall be prevented from running at large.
5. The dogs and/or cats shall be prevented from causing a nuisance pursuant to local ordinance.
6. The owner’s property shall be kept free of all feces and urine to prevent its accumulation from constituting a health hazard or an odorous nuisance.
7. The applicant shall not have been convicted of or received supervision or conditional discharge through an agreement with the State Attorney’s Office of any violation of the Animal Control or Humane Care for Animals Act within the previous two (2) years from the date of application.
8. The owner shall immediately notify the city of any change in the animals governed by the multiple pet license including the rabies vaccination and registration required pursuant to this chapter.
D. Upon conviction of a violation of the Animal Control or Humane Care for Animals Act, the administrator shall revoke the multiple pet license for a period of not more than five (5) years, the length of the revocation period to be determined by the number and severity of the violations. 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 may be issued a multiple pet license and must submit to yearly inspections.
E. The city may impound the dogs and/or cats of any multiple pet owner if such owner does not hold a multiple pet license. Such animals shall be redeemed by the owner upon payment to the city the lawful fees accrued pursuant to this chapter and after application and approval for a multiple pet owner license. (Ord. 3383 § 1 (Exh. A (part)), 2019)
6-05-140 Breeder permit.
A. No person shall breed any dog or cat without obtaining a permit from city of Harvey. No puppies or kittens shall be advertised, sold or given away without supplying a permit number. (Authority Source: 510 ILCS 5/24)
B. Any person breeding dogs or cats must obtain a breeder permit. With this permit an owner will be allowed to breed the female animal once a year. The female animal will be required to have current vaccinations and be proven to be in good health prior to the breeding. All puppies or kittens will be required to be at least eight (8) weeks of age and must have had their first set of vaccinations before being transferred to their new owner. A copy of the animal’s vaccination record and breeder permit number shall be given to the new owner of the animal. The breeder permit number must be included in any and all advertising for the puppies or kittens.
C. This section shall not apply to persons licensed with the Illinois Department of Agriculture pursuant to 225 ILCS 605/3 and 510 ILCS 5/2.18. These persons will still be required to comply with all other city ordinances. (Ord. 3383 § 1 (Exh. A (part)), 2019)
6-05-150 Animals in heat.
Every owner of a female dog or cat shall maintain such dog or cat in a manner that prevents unplanned breeding. (Authority Source: 510 ILCS 5/24) (Ord. 3383 § 1 (Exh. A (part)), 2019)
6-05-160 Registration procedures —License and tags.
A. All dogs and cats kept and maintained within the city shall be registered by the owner or owners thereof. Such registration shall be valid for one (1) year from the date of a one (1) year vaccination, and three (3) years from the date of a three (3) year vaccination. The annual registration fee for dogs and cats registered within thirty (30) days of inoculation against rabies shall be twelve dollars ($12.00) if the dog or cat is spayed or neutered and thirty-five dollars ($35.00) if the dog or cat is not so altered. The owner or owners thereof shall remit the required registration fee for each dog or cat to Pet Champ. The registration fee for any dog or cat registered more than thirty (30) days after the date of inoculation against rabies shall be double the original fee. Exempt from the registration fee are trained public safety agency owned dogs maintained by public safety officers for use in public safety duties full time, with proof of such certified by the public safety agency’s chief or other agency head.
B. Upon payment of the annual registration fee, unless exempt from such payment, a registration certificate and animal registration tag will be issued by Pet Champ. A copy of said certificate shall be kept by the owner and presented upon request of city personnel. The registration certificate shall be appropriately numbered and serially filed by the authorized agent of city of Harvey.
C. The provisions of this section shall not apply to dogs or cats the owners of which are not residents within the city and are temporarily within the city for a period of less than thirty (30) days, nor shall they apply to feral cats.
D. Registration tags must be of suitable, durable material and of a size suitable to be affixed to a collar worn by the registered animal. Registration tags shall be varied either in color or in shape from registration period to registration period so that tags issued for a registration period may be readily distinguished from tags issued for prior periods in near proximity of time.
E. Duplicate registration tags shall be issued in the event the original tag is lost or destroyed, upon presentation of evidence or the prior payment of registration fee, unless exempt, for the animal for the current registration period along with an application for such duplicate registration tag and the payment of a fee equivalent to the cost for the duplicate tag.
F. Neither registration certificates nor registration tags shall be transferable. There shall be no refund for any reason of registration fee. (Ord. 3383 § 1 (Exh. A (part)), 2019)
6-05-170 Impounding.
A. Any animal running at large at any time contrary to the provisions of this chapter may be taken up and impounded as hereinafter provided.
B. Redemption by Person Other Than Owner. Upon expiration of seven (7) days from the date of impoundment, an unclaimed dog or cat, which has been deemed suitable for adoption by the animal control officer or administrator, may be adopted by any person other than the owner upon payment of the adoption fee and approved application. If no placement is available or the animal is deemed unadoptable, it shall be humanely dispatched pursuant to the Humane Euthanasia in Animal Shelters Act. (Ord. 3383 § 1 (Exh. A (part)), 2019)
6-05-180 Diseased or injured animals.
Any animal which does not exhibit a valid vaccination, registration tag or current microchip and which reveals the symptoms of an injury or disease, clearly not those of rabies, as determined by the administrator or his/her designated agent, may be subjected to disposal at the earliest possible time by city of Harvey personnel. Animals with a known or incapacitated owner will be transported to a veterinarian of animal control’s choice for recommendation of treatment. Any expense incurred during the period of impoundment, including veterinary bills, shall be paid by the owner prior to release of the impounded animal. (Ord. 3383 § 1 (Exh. A (part)), 2019)
6-05-190 Enforcement.
A. It shall be the duty of law enforcement personnel and code enforcement personnel of the city of Harvey, and other persons so authorized, by contract or otherwise, to investigate violations of this chapter and to enforce the provisions of this chapter. Such enforcement shall include the issuance of warnings, the issuance of citations, taking and impounding of animals in violation hereof, and any other means necessary to enforce and effectuate the purposes of this chapter. Any such citation issued shall be subject to local administrative adjudication.
B. No person shall in any way interfere, attempt to interfere, or cause another person or animal to interfere or attempt to interfere with any authorized person engaged in the performance of his or her duties under this chapter.
C. Enforcement Officers Not Responsible for Accident or Disease to Any Dog or Cat. The administrator, manager, animal control officer or anyone enforcing the provisions of this chapter shall not be held responsible for any accident or disease that may happen to any dog or cat. (Ord. 3383 § 1 (Exh. A (part)), 2019)
6-05-200 Citations and penalties.
A. Whenever a police officer or other person duly authorized to enforce this chapter witnesses or has knowledge, based on reasonable grounds, of a violation by any person of any section of this chapter, such person may be issued a citation for said violation.
B. A citation issued hereunder shall be in writing and shall:
1. State the name of the person being cited, and said person’s address, if known;
2. Set forth the specific section of this chapter that was violated, the date of the violation, and a brief description of the violation;
3. State the amount to be paid to the city due to such violation, and where and when such payment may be made;
4. State that upon failure to pay the amount of the citations in the time allowed as herein provided, said person will be subject to adjudication by the city for such violation; and
5. Bear the signature of the authorized individual issuing the citation.
C. Any person, firm or corporation who shall violate any of the provisions hereof shall, upon conviction, be fined not less than seventy-five dollars ($75.00) nor more than five hundred dollars ($500.00) for each offense, and every day on which a violation occurs or continues shall be considered a separate offense. (Ord. 3383 § 1 (Exh. A (part)), 2019)