[HISTORY: Adopted by the County Board of Stephenson County 4-8-1975 (Ch. 4 of the
1977 Code). Amendments noted where applicable.]
[Amended 2-8-1994 by Ord. No. 94-02-197]
The terms used in this chapter, unless the context otherwise
requires, shall have the meanings ascribed to them below:
The duly appointed County Animal Control Administrator.
[Amended 8-10-2011 by Res. No. 11-08-1821]
Any individual dog anywhere other than upon the property of
the owner or custodian of the dog and unmuzzled, unleashed, or unattended
by its owner or custodian that behaves in a manner that a reasonable
person would believe poses a serious and unjustified imminent threat
of serious physical injury or death to a person or a companion animal;
or
A dog that, without justification, bites a person and does not
cause serious physical injury.
All members of the family Canidae.
One that is socialized but excludes barn cats.
[Added 7-16-2020 by Ord. No. 20-07-2241]
Any member of the crocodilian family or any constricting
snake six feet or over in length, such as a boa, python and anaconda.
Any person who by virtue of his office or public employment
is vested by law with a duty to maintain public order or to make arrests
for offenses, whether that duty extends to all offenses or is limited
to specific offenses.
Any dog at large, and with no known owner or claimant.
A dog that, without justification, attacks a person and causes
serious physical injury or death or any individual dog that has been
found to be a "dangerous dog" upon three separate occasions.
[Added 8-10-2011 by Res.
No. 11-08-1821]
There is hereby established a public pound as a place to securely
impound animals taken up or captured by persons charged with the duty
of enforcing the provisions of this chapter. Such pound shall comply,
in all respects, with the rules and regulations promulgated by the
Illinois Department of Public Health and shall, at all times, provide
humane treatment of animals confined therein.
[Amended 7-12-1977]
A.
It shall be unlawful for any person who owns, keeps, or harbors a
dog to cause or permit such dog to run at large in unincorporated
areas of the County which have been subdivided for residential purposes.
B.
All dogs kept in unincorporated areas of the County which have been
subdivided for residential purposes shall be confined by means of
a secure leash, chain, within a fenced area or under control by other
recognized control methods in such a manner as to prevent said dog
from running at large.
C.
Any dog found running at large in violation of this section shall
be taken up and impounded in the manner provided in this chapter.
D.
Exceptions.
[Added 8-10-2011 by Res.
No. 11-08-1821]
(1)
A dog
that is actively engaged in a legal hunting activity, including training,
is not considered to be running at large if the dog is on land that
is open to hunting or on land on which the person has obtained permission
to hunt or to train a dog.
(2)
A dog
that is in a dog-friendly area or dog park is not considered to be
running at large if the dog is monitored or supervised by a person.
[Added 9-12-2013 by Ord.
No. 13-09-2009]
A.
Every resident of the County who is the owner of a dog four months
or more of age shall cause such dog to obtain a dog rabies registration
annually in accordance with this section.
B.
The first dog rabies registration shall be made within 180 days from
the date of the dog's birth or within 30 days after the owner brings
the dog into the County, whichever occurs later; and thereafter, annual
dog rabies registration shall be made by the owner within 30 days
after the anniversary date of the first dog rabies registration.
C.
The Animal Control Department shall maintain records of the dog rabies
registration numbers and the person to whom the dog rabies registration
number is issued. The annually issued dog rabies inoculation tag number
shall serve as the dog rabies registration number.
D.
Failure of an owner to obtain the dog rabies registration within
the proper time period will result in a late fee and/or penalties
as adopted by the Stephenson County Board from time to time.
E.
The annual dog rabies registration fee shall be set from time to
time by the Stephenson County Board.
F.
The provisions of this section shall be effective upon its passage
as provided by law.
[1]
Editor's Note: Former § 205-4, Dog registration,
added 2-14-1979, as amended, was repealed 5-16-2013 by Ord. No. 13-05-1986,
effective 6-1-2013.
[Added 7-16-2020 by Ord. No. 20-07-2241]
A.
Every
resident of the County who is the owner of a domestic cat four months
or more of age shall cause such cat to obtain a cat rabies registration
annually in accordance with this section.
B.
Every
resident of the County, who presents a cat for sterilization, when
that cat has not had a rabies vaccination, shall be required to have
that cat vaccinated for rabies regardless of whether that cat would
be considered domestic, barn cat or feral.
C.
The first
domestic cat rabies registration shall be made within 180 days from
the date of the cat's birth or within 30 days after the owner brings
the cat into the County, whichever occurs later; and thereafter, annual
cat rabies registration shall be made by the owner within 30 days
after the anniversary date of the first cat rabies registration.
D.
The Animal
Control Department shall maintain records of the cat rabies registration
numbers and the person to whom the cat rabies registration number
is issued. The annually issued cat rabies inoculation tag number shall
serve as the cat rabies registration number.
E.
Failure
of an owner to obtain the cat rabies registration within the proper
time period will result in a late fee and/or penalties as adopted
by the Stephenson County Board from time to time.
F.
The annual
cat rabies registration fee shall be $5 for a cat that is spayed or
neutered or $15 for unaltered cats. In the event that a cat requiring
registration is not timely registered, the late fees shall be $3 if
the cat is registered within one month of the last date on which the
cat could have been timely registered and $10 after that period of
time.
G.
The provisions
of this section shall be effective upon its passage as provided by
law.
[Amended 8-10-2011 by Res. No. 11-08-1821; 3-14-2013 by Ord. No. 13-03-1972]
A.
Every resident
of the County who is the owner of a dog four months of age or older,
whether said dog is confined at all times or not, shall be required
to inoculate the dog against rabies in compliance with USDA licenses
of vaccines used and shall be given a serially numbered tag at a fee
set from time to time by the County Board.
B.
A certificate
in such form as is determined by the Administrator and approved by
the County Board, signed by a licensed veterinarian, shall be evidence
of such rabies inoculation and shall be presented to the Administrator
at the time of the issuance of the rabies inoculation tag.
C.
A dog shall
be exempt from the rabies shot requirement if a licensed veterinarian
determines in writing that rabies inoculation would compromise the
animal's health.
[Amended 7-12-1977; 8-10-2011 by Res. No.
11-08-1821]
A.
It shall be unlawful for any person to maintain a public nuisance
by owning, keeping or harboring a dangerous or vicious dog unless
such person shall keep said dog safely and securely confined so as
to prevent said dog from running at large and so as to prevent said
dog from injuring any person who shall lawfully come upon the premises
where such dog may be located.
B.
All persons maintaining the premises upon which a dangerous or vicious
dog is confined shall provide suitable and adequate warning of the
presence of such dog by appropriate signs or other means so as to
advise all persons lawfully entering the premises that such a dog
is found or confined thereon.
C.
Guide dogs for the blind or hearing impaired, support dogs for the
physically handicapped and sentry, guard or police-owned dogs are
exempt from this section while such dogs are under control of their
handler performing duties for which they are specially trained. To
qualify for exemption under this section, each such dog shall be currently
inoculated against rabies in accordance with 510 ILCS 5/8, and the
owner shall notify the Administrator of the current address of the
premises where such dog is regularly kept. In the case of a sentry
or guard dog, the owner shall keep the Administrator advised of the
location where such dog shall be stationed at the premises. The Administrator
shall provide police and fire departments with a categorized list
of such exempted dogs, and shall promptly notify the department of
any address changes reported to him.
D.
The Administrator, State's Attorney, or any person may maintain a
complaint in the name of Stephenson County, Illinois, to enjoin any
persons from maintaining such dangerous or vicious dog in violation
of the provisions of this section, and to abate the same, and to enjoin
the owner of such animal from permitting the same from leaving his
premises when not under control by leash or other recognized control
methods. Upon filing of a complaint in Circuit Court setting forth
facts sufficient to establish the existence of a nuisance as defined
in this Code, the Court may, without notice, issue a temporary writ
of injunction enjoining the owner of said dog from maintaining such
nuisance until such time as a hearing on the merits of the complaint
may be completed. If the court shall find at said hearing that the
existence of the nuisance has been established, the Court may enter
an order for violation of this section and, in addition, issue a permanent
restraining order or injunction against the owner of said dog for
maintaining a nuisance and to abate the same, and if necessary for
the protection of the public may decree that such animal be humanely
dispatched. The Illinois Civil Practice Act shall otherwise apply
to all proceedings under this section.[1]
[1]
Editor's Note: See 735 ILCS 5/1-101 et seq.
Any stray dog or pack of stray dogs that shall attack a person,
agriculture animals or otherwise menace the public welfare is hereby
declared a nuisance and such animals shall be taken up, impounded
and disposed of in the manner provided in this chapter. However, if
such dogs are dangerous or vicious and cannot be safely taken up and
impounded and present an immediate and substantial danger to other
persons, such animals may be destroyed by a peace officer; provided,
further, that in all cases where such dog which has bitten a person
or caused an abrasion of the skin or any person is so slain and a
period of less than 10 days has elapsed since the day upon which such
dog bit any person or caused an abrasion of the skin of any person,
it shall be the duty of the peace officer destroying such dog, to
deliver the carcass and the brain of such dog to the Administrator.
Any mad dog or dog suffering from rabies or any dog bit by a
dog suffering from rabies is hereby declared to be a nuisance, and
such dog may be slain by any peace officer, the Administrator or his
deputy. It shall be the duty of any person owning or exercising ownership
or agency of such dog to surrender the dog to a peace officer upon
demand.
[Amended 7-14-1981]
A.
The owner or keeper of any dog, when notified that such dog has bitten
any person or has so injured any person as to cause an abrasion of
the skin, shall deliver such dog to a peace officer, whereupon such
peace officer shall forthwith convey such dog to the pound, where
such dog shall be securely confined for a period of 10 days from the
date of such biting.
B.
As an alternative procedure to subsection A, any dog which has bitten a person or caused an abrasion of the skin of any person and which has not been surrendered immediately by its owner to the public pound shall be delivered without delay and within 24 hours to a licensed veterinarian for impounding at the expense of the owner. The veterinarian impounding such dog shall report to the Administrator within 24 hours the owner's name, address, the date of impounding and date of biting or abrasion of the skin of any person, and shall notify the Administrator, in writing, of the final disposition of the animal at the termination of the period of impoundment.
C.
If any dangerous or vicious dog presents an immediate and substantial
danger to other persons, such dog may be destroyed by the Administrator,
his agent or any peace officer; provided, further, in all cases where
such dog which has bitten a person or caused an abrasion in the skin
of a person is so slain and a period of less than 10 days has elapsed
since the day upon which said dog bit any person causing the abrasion
of the skin of any person, it shall be the duty of the peace officer,
Administrator or his deputies destroying such dog to forthwith deliver
the carcass and the brain of such dog to the Administrator.[1]
D.
When evidence is presented to the Administrator that such dog or
animal was inoculated against rabies within the time prescribed by
law, it may be confined in the house of its owner or in a manner which
will prohibit it from biting any person for a period of 10 days, if
the Administrator or other licensed veterinarian adjudges the confinement
satisfactory.
A.
It shall be unlawful for any person to own, keep, have in his possession
or harbor any animal which by frequent or habitual barking, yelping
or by other loud noise shall cause annoyance to any family or person,
or shall disturb the peace or quiet of any neighborhood or place within
the County. Such annoyance to any family or person or the disturbance
of the peace or quiet of any neighborhood or place within the County
by any animal is hereby declared to be a public nuisance, and it shall
be unlawful for any person to suffer or permit such nuisance to exist.
B.
The provisions of this section shall not apply to duly licensed and
approved hospitals maintained for the treatment of small animals or
the premises occupied by a properly authorized or licensed dog pound
or animal shelter.
C.
The Administrator, the State's Attorney, or any citizen of the County
in which such nuisance is found may maintain a complaint in the name
of the County to enjoin all persons from maintaining or permitting
such animal and to abate the same and to enjoin the owner of such
animal from permitting the same such barking as is heretofore described.
Upon the filing of complaint in the Circuit Court, and if the Court
is satisfied that such nuisance may exist, said Court shall allow
a temporary writ of injunction with bond in such amount as the Court
may deem appropriate and enjoin the defendant from maintaining such
nuisance. If the existence of the nuisance is established following
hearing, the owner of such dog or other animal shall be in violation
of this chapter and in addition the Court shall enter a decree restraining
the owner from maintaining such nuisance.
All monies collected for the registration of dogs and for the
issuance of rabies inoculation tags pursuant to this chapter shall
be transmitted to the County Treasurer, which monies shall be deposited
in the Animal Control Fund.
The Administrator, his agents or peace officers or other persons
authorized to enforce the provisions of this chapter shall not be
held liable for the injury, death, or disease which may occur to any
dog as a consequence of the enforcement of such provisions.
The provisions of the Animal Control Act, to the extent that
they are not inconsistent with the provisions of this chapter, are
hereby incorporated herein and shall be controlling as if set out
at length.[1]
[1]
Editor's Note: See 510 ILCS 5/1 et seq.
[Amended 7-12-1977]
Any person convicted of violating any of the provisions of this chapter or neglecting or refusing to comply with any of the provisions hereof shall be punished as provided in the Illinois Animal Control Act, where applicable; otherwise, according to the general penalties provisions of this Code in Chapter 1, General Provisions, Article II, Penalties.
[Added 2-8-1994 by Ord. No. 94-02-197]
A.
It shall be unlawful for any person to maintain a public nuisance
by owning, keeping, or harboring a life-threatening reptile.
B.
Any life-threatening reptile presents an immediate and substantial
danger to the public and such life-threatening reptile shall be destroyed
by a peace officer immediately.
C.
Any property damage caused by the destruction of the life-threatening
reptile shall be the responsibility of the owner, keeper, or harborer
of the life-threatening reptile. It shall be the responsibility of
the owner, keeper, or harborer of the life-threatening reptile to
appropriately and legally dispose of the carcass.
Any animal violating any of the provisions of this chapter shall
be impounded by the Administrator.
[Amended 10-14-1997 by Ord. No. 97-10-226]
A.
The Administrator shall, immediately upon receiving any animal, make
a complete registry thereof by entering the breed, color and sex of
such animal, whether licensed or not, and, if bearing a registration
tag, the number thereof.
B.
When animals are apprehended and impounded by the Administrator,
he shall give notice of said impoundment of not less than seven business
days to the owner, if known, at said owner's last known address, such
notice to be sent by registered mail or certified mail with a return
receipt requested. An affidavit or testimony of the Administrator,
or his deputy, who mailed such notice shall be prima facie evidence
of the receipt of such notice by the owner of such dog.[1]
C.
If at the time of impoundment an animal is a stray and is not wearing
registration or identification tags and is not redeemed by its owner
within five days after impounding, the Administrator or his agent
may deliver possession of such animal to any person seeking to adopt
such animal who, in the discretion of the Administrator, would provide
a suitable home for it, on such terms and conditions as the Administrator
shall deem proper. If, in the opinion of the Administrator, the dog
is not adoptable or is suffering because of severe physical disability,
it may be destroyed after having been impounded for a period of five
days. If such animal has bitten a person causing an abrasion of the
skin of the person, the impoundment period shall include 10 days from
the date of the biting or causing of the abrasion before disposition
of such animal may be made under the provisions of this section.
D.
If an owner notifies the Administrator or his deputy that his dog
has been lost and provides a description of such animal, the Administrator,
for a period of six months thereafter, shall be under a duty to notify
the owner within 24 hours after the impounding of said animal.
[Amended 6-14-1988 by Ord. No. 88-06-125; 9-9-1992 by Ord. No.
92-09-181; 1-10-1995 by Ord. No. 95-01-209]
A.
In case the owner of any impounded animal desires to redeem it, he
may do so if:[1]
(1)
He presents proof of current rabies inoculation, and registration,
if applicable, or he pays for the rabies inoculation of it and registration
if applicable; and
(2)
The animal is a dog and he pays the pound for the board of the dog
for the period it was impounded, at a rate as set by the County Board
from time to time; and
(3)
He pays an additional penalty, which penalty shall be paid into the
Animal Control Fund at the time of said redemption. This shall be
in addition to any other penalties invoked under this chapter.
B.
If any animal is not redeemed by its owner within seven days after
impounding, following notice as provided above, the Administrator
or his agent may deliver possession of such animal to any person seeking
to adopt such animal who, in the discretion of the Administrator,
would provide a suitable home for it, on such terms and conditions
as the Administrator shall deem proper. If, in the opinion of the
Administrator, the dog is not adoptable or is suffering because of
severe physical disability, it may be destroyed after having been
impounded for a period of seven days following due notice to said
owner. However, in no event shall a licensed dog, bearing a tag, be
sold or destroyed unless the Administrator has received a return receipt
hereinbefore provided for, or has received a registered or certified
letter to the registered owner returned undelivered. If such animal
has bitten a person causing an abrasion of the skin of the person,
the impoundment period shall include 10 days from the date of biting
or causing of the abrasion before disposition of such animal may be
made under the provisions of this section.
[Added 4-9-1991 by Ord. No. 91-04-166]
No owner of poultry shall be reimbursed for the destruction
of poultry under Chapter 510 of the Illinois Compiled Statutes or
under the County Code for financial losses incurred unless the owner
of the poultry has taken reasonable steps to ensure that the poultry
is protected from roving canines. Those reasonable steps include,
but are not limited to, a double fence row at least two feet apart
made of chain link or other similar material with the openings in
the fence not more than 12 square inches in size between the links
and the heights of not less than six feet, suitably anchored to the
ground as to make digging underneath the fence extremely difficult
and time consuming for any canine who would seek to enter the area
where the poultry is confined.
