[HISTORY: Adopted by the City Council of the City of Mendota as Ch. 15 of the 1998 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Every living creature, domestic or wild, but does not include man.
- The Department of Agriculture.
- DEPARTMENT INVESTIGATOR or APPROVED HUMANE INVESTIGATOR
- A person employed by or approved by the Department to determine whether there has been a violation of this chapter.
- The Director of Agriculture, or his duly appointed representative.
- HUMANE SOCIETY
- Any chartered, not-for-profit organization authorized to do business in this state and organized for the purpose of preventing cruelty to animals and promoting humane care and treatment of animals.
- Pet solid waste is removed at once, without delay.
- Any person who:
- Any individual, firm, corporation, partnership, other business unit, society, association or other legal entity, any public or private institution, or political subdivision of the state.
- A domesticated animal (other than a disability assistance animal) kept for amusement or companionship.
- PET SOLID WASTE
- Waste matter expelled from the bowels of the pet, or excrement.
- PROPER DISPOSAL
- Placement in a designated waste receptacle, or other suitable container, and discarded in a refuse container which is regularly emptied by the municipality or some other refuse collector; or disposal into a system designed to convey domestic sewage for proper treatment and disposal.
Each owner shall provide for each of his animals:
[Amended by Ord. No. 02-21-00; Ord. No. 05-08-04A; Ord. No. 07-18-05A; Ord. No. 04-06-15A]
Every person who harbors or keeps a dog or cat in the municipality shall pay an annual license fee as set from time to time by the City Council. Said license shall be purchased at the City Clerk's office. Said license fee shall be paid in advance on/or before the first day of May of each year; provided, also, that no tags shall be issued unless the person applying for such license exhibits to the City Clerk a certificate of proof that such dog or cat has been inoculated against rabies. The Clerk shall keep a record of all dog and cat licenses paid, and shall furnish to each person paying such license fee a metal tag having stamped thereon numbers indicating the year for which the license is paid. Effective May 1, 2006, the following fee schedule shall apply (assuming proof of rabies shot): May 1 through May 31 of each fiscal year a grace period shall be granted and only the license fee shall apply; from June 1 and thereafter throughout the remainder of the fiscal year (April 30 of the following year), the license fee plus an additional late fee shall apply. However, only the basic license fee shall apply to a newly acquired dog or cat any time throughout the fiscal year, or to those persons owning a dog or cat who become new residents in the community.
[Amended by Ord. No. 02-21-00; Ord. No. 10-16-06A]
It shall be unlawful for any dog and/or cat to run at large within the City. Any dog and/or cat found upon any public street, sidewalk, alley, parkway, or any unenclosed place, except within the lot lines of the premises occupied by its owner or keeper, shall be deemed running at large unless such dog and/or cat is firmly held on a leash or is in an enclosed vehicle. The owner or keeper of any dog and/or cat so running at large shall be guilty of a violation of this chapter. A dog and/or cat shall be deemed running at large if it is tied on the owner's premises but is able to reach City sidewalks, rights-of-way, streets, or public property.
Any dog or animal of the dog kind which, by loud or unusual barking or howling, disturbs the peace and quiet of the neighborhood or causes the occupants of adjacent premises to be disturbed in any way shall be declared a nuisance. The owner or keeper of such dog on, in or about his premises or premises under his control shall be guilty of a violation of this chapter.
It shall be the duty of the owner or person having custody of any dog which bites any human being to place the dog in the custody of a veterinarian for a ten-day observation period. Before redeeming the dog, the owner must make arrangement for vaccination of the animal after such ten-day observation, if the dog has not been vaccinated in the past 12 months. Any and all expenses incurred by such procedure and any and all medical expenses incurred from said bite shall be borne by the owner or keeper of such dog.
[Amended by Ord. No. 02-21-00]
Any cat or dog found upon a public street or highway running at large, or any dog or cat for which the annual license fee has not been paid as hereinabove provided, shall be impounded by the Police Department and delivered to a local veterinarian.
When the animal is not claimed by its owner and all impoundment costs satisfied within seven days, it may be sold at public or private sale for fair consideration to a person capable of providing care consistent with this chapter, the balance to be paid over to the owner. If no purchaser is found, the animal may be offered for adoption or disposed of in a manner not inconsistent with this or any other act.
Any expense incurred in such impoundment becomes a lien on the animal impounded; the animal may be redeemed by the owner upon payment of the cost of maintenance of the animal for each day the animal has been impounded, plus the current license fee of $5, if the same is unpaid, plus the fee for rabies inoculation if such dog or cat has not been vaccinated in the past 12 months. Such fees shall be paid to the veterinarian impounding the animal, who shall account monthly to the City Clerk for all such license fees collected.
No person shall permit any domestic animal or any domestic fowl to run at large in the City. Any such animal or fowl at large may be impounded and disposed of by the City in a manner similar to that provided for dogs.
No owner, railroad or other common carrier may, when transporting any animal, allow that animal to be confined in any type of conveyance for more than 28 consecutive hours without being exercised as necessary for that particular type of animal and without being properly rested, fed and watered; except that a reasonable extension of this time limit shall be granted when a storm or accident causes a delay. In the case of default of the owner or consignee, the company transporting the animal shall exercise the animal, as necessary for that particular type of animal and for the proper, feeding, watering and sheltering of such animal, and shall have a lien upon the animal until all expenses resulting therefrom have been paid.
A person shall be guilty of cruelty to any animal by overloading, overdriving, overworking, cruelly beating, torturing, tormenting, mutilating, or cruelly killing any animal, or causing or knowingly allowing the same to be done, or by unnecessarily failing to provide any animal in his charge or custody, as owner or otherwise, with proper food, drink, shelter, and necessary health care to assure that such animal(s) is not suffering with disease.
No person may sell, offer for sale, barter, or give away as a pet or a novelty any rabbit or any baby chick, duckling or other fowl which has been dyed, colored, or otherwise treated to impart an artificial color thereto. Baby chicks or ducklings shall not be sold, offered for sale, bartered, or given away as pets or novelties. Rabbits, ducklings or baby chicks shall not be awarded as prizes. No owner may abandon any animal where it may become a public charge or may suffer injury, hunger or exposure.
No person may own, capture, breed, train, or lease any animal which he or she knows or should know is intended for use in any show, exhibition, program, or other activity featuring or otherwise involving a fight between such animal and any other animal or human or the intentional killing of any animal for the purpose of sport, wagering, or entertainment.
No person shall promote, conduct, carry on, advertise, collect money for or in any other manner assist or aid in the presentation for purposes of sport, wagering, or entertainment any show, exhibition, program, or other activity involving a fight between two or more animals or any animal and human or the intentional killing of animals.
No person shall sell or offer for sale, ship, transport, or otherwise move, or deliver or receive any animal which he or she knows or should know has been captured, bred, or trained, or will be used, to fight another animal or human or be intentionally killed for the purpose of sport, wagering, or entertainment.
No person shall manufacture for sale, shipment, transportation or delivery any device or equipment which that person knows or should know is intended for use in any show, exhibition, program, or activity featuring or otherwise involving a fight between two or more animals, or any animal and human, or the intentional killing of any animal for purposes of sport, wagering or entertainment.
No person shall make available any site, structure, or facility, whether enclosed or not, which he or she knows or should know is intended to be used for the purpose of conducting any show, exhibition, program, or other activity involving a fight between two or more animals or the intentional killing of any animals.
No person shall knowingly attend or otherwise patronize any show, exhibition, program, or other activity featuring or otherwise involving a fight between two or more animals, or any animal and human, or the intentional killing of any animal for the purposes of sport, wagering or entertainment.
No person shall sell, offer to sell, lead, ride, transport, or drive on any public way any horse which, because of debility, disease, lameness or any other cause, could not be worked in this state without violating this chapter. Such a horse may be conveyed to a proper place for medical or surgical treatment or for humane keeping or euthanasia.
No person may knowingly poison or cause to be poisoned any dog or other domestic animal. The only exception will be by written permit form the Department for the purpose of controlling diseases transmissible to humans or other animals and only when all other methods and means have been exhausted. Such a written permit shall name the person or persons conducting the poisoning, specify the products to be used, give the boundaries of the area involved, and specify the precautionary measures to be employed to ensure the safety of humans and other animals. Any drug used for euthanasia shall be by or under the direction of a licensed veterinarian.
The Department shall, by rule or regulation, establish reasonable qualifications for approved humane investigators and shall maintain a current listing of all approved humane investigators, which shall be available for public inspection. Such qualifications shall include, but need not be limited to, a knowledge of the provisions of this chapter and of the rules and regulations adopted pursuant thereto and expertise in the investigation of complaints relating to the care and treatment of animals. Employees of the Department may be assigned as Department investigators.
Upon receiving a complaint of a suspected violation of this chapter, a Department investigator, any law enforcement official, or an approved humane investigator may, for the purpose of investigating the allegations of the complaint, enter during normal business hours upon any premises where the animal or animals described in the complaint are housed or kept, provided such entry shall not be made into any building which is a person’s residence, except by search warrant or court order. Institutions operating under federal license to conduct laboratory experimentation utilizing animals for research or medical purposes are, however, exempt from the provisions of this section. State's Attorneys and law enforcement officials shall provide such assistance as may be required in the conduct of such investigations. Any such investigation requiring legal procedures shall be immediately reported to the Department.
If an investigation under this chapter discloses that a violation of this chapter has been committed, the investigator shall notify the violator what action is necessary to come into compliance with this chapter and that a maximum of 48 hours may be granted in which to take corrective action. If, at the end of that period, corrective action has not been taken, legal action shall be instituted.
Nothing in this chapter affects normal, good husbandry practices utilized by any person in the production of food, companion or work animals, or in the extermination of undesirable pests. In case of any alleged conflict between this chapter, or regulations adopted hereunder, and the Wildlife Code of Illinois (520 ILCS 5/1.1 et seq.) or "An Act to define and require the use of humane methods in the handling, preparation for slaughter, and slaughter of livestock for meat or meat products to be offered for sale," approved July 26, 1967 (510 ILCS 75/0.01 et seq.), as amended, the provisions of those acts shall prevail.
[Amended by Ord. No. 02-21-00; Ord. No. 09-04-07A]
Any person, firm or corporation violating any provisions of this chapter shall be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code.
Any person affected by a final administrative decision of the Department may have such decision reviewed judicially by the Circuit Court of the county wherein the person resides, or in the case of a corporation, the county where its registered office is located. If the plaintiff in the review proceeding is not a resident of this state, the venue shall be in Sangamon County. The Administrative Review Act, approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto, apply to and govern all proceedings for the judicial review of final administrative decisions of the Department hereunder. The Department may not be required to certify the record of the proceeding unless the plaintiff in the review proceedings first pays the sum of $0.75 per page of such records. Exhibits shall be certified without cost.
[Added by Ord. No. 09-18-06; amended by Ord. No. 05-18-15]
No person shall own, keep or harbor within the City:
Any snake, reptile or lizard that is physically capable of injuring any person by bite, poison, constriction or other means;
Any ungulates, including, but not limited to, deer;
Any mustalids, including, but not limited to, skunks and weasels;
Any felid, including, but not limited to, lion, tiger, cougar, jaguar, panther, mountain lion, lynx, leopard;
Any canid, including, but not limited to, wolf, coyote, jackal, fox, wild dog or hybrid;
Any ursids or bear;
Any rodent weighing more than one pound (with the exception of guinea pigs, laboratory mice and rats, hamsters or gerbils);
Any non-canine animal not native to the North American continent; and
Any non-human primates.
Any live swine, donkeys, asses, cows, horses, goats, sheep, chickens, ducks, guineas, turkeys, or geese in the City.
No person shall keep or maintain any bees, beehives or apiaries within the City.
[Added by Ord. No. 09-04-07]
Vicious dog determination.
In order to have a dog deemed vicious, the Police Chief or his designee or the Animal Control Department must give notice to the owner of the infraction that is the basis of the investigation, conduct a thorough investigation, interview any witnesses, including the owner, gather any existing medical records, veterinary medical records or behavioral evidence, and make a detailed report recommending a finding that the dog is a vicious dog and give the report to the State's Attorney's office and the owner. The Police Chief or his designee, the Animal Control Department, State's Attorney, or any citizen of the county in which the dog exists may file a complaint in the Circuit Court to deem a dog to be a vicious dog. Testimony of a certified applied behaviorist, a board-certified veterinary behaviorist, or another recognized expert may be relevant to the court's determination of whether the dog's behavior was justified. The petitioner must prove the dog is a vicious dog by clear and convincing evidence. The Police Chief or his designee or the Animal Control Department shall determine where the animal shall be confined during the pendency of the case.
If a dog is found to be a vicious dog, the dog shall be spayed or neutered within 10 days of the finding at the expense of its owner and microchipped, if not already, and is subject to enclosure. A dog found to be a vicious dog shall not be released to the owner until the Police Chief or his designee or the Animal Control Department approves the enclosure. No owner or keeper of a vicious dog shall sell or give away the dog without court approval. Whenever an owner of a vicious dog relocates, he or she shall notify the Police Chief or his designee or the Animal Control Department and the administrator of the county animal control where he or she has relocated.
Justified conduct. A dog shall not be declared vicious if the court determines the conduct of the dog was justified because:
The threat, injury, or death was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog, or upon the property of the owner or custodian of the dog;
The injured, threatened, or killed person was tormenting, abusing, assaulting, or physically threatening the dog or its offspring, or has in the past tormented, abused, assaulted, or physically threatened the dog or its offspring; or
The dog was responding to pain or injury, or was protecting itself, its owner, custodian, or member of its household, kennel, or offspring.
Exceptions. No dog shall be deemed vicious if it is a professionally trained dog for law enforcement or guard duties. Vicious dogs shall not be classified in a manner that is specific as to breed. Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, accelerant detection dogs and sentry, guard, or police-owned dogs are exempt from this section; provided an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this section, each such dog shall be currently inoculated against rabies in accordance with this chapter. It shall be the duty of the owner or keeper of such exempted dog to notify the Police Chief or his designee or the Animal Control Department of changes of address. In the case of a sentry or guard dog, the owner shall keep the Police Chief or his designee or the Animal Control Department advised of the location where such dog will be stationed. The Police Chief or his designee or the Animal Control Department shall provide police and fire departments with a categorized list of such exempted dogs, and shall promptly notify such departments of any address changes reported to him or her.
[Amended by Ord. No. 04-06-15A]
Enclosure. It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog unless the dog is kept in an enclosure. The only times that a vicious dog may be allowed out of the enclosure are:
If it is necessary for the owner or keeper to obtain veterinary care for the dog;
In the case of an emergency or natural disaster where the dog's life is threatened; or
To comply with the order of a court of competent jurisdiction, provided that the dog is securely muzzled and restrained with a leash not exceeding six feet in length, and shall be under the direct control and supervision of the owner or keeper of the dog or muzzled in its residence.
Impoundment. Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded by the Police Chief or his designee or the Animal Control Department. If the owner of the dog has not appealed the impoundment order to the county in which the owner resides within 15 working days, the dog may be euthanized. Upon filing a notice of appeal, the order of euthanasia shall be automatically stayed pending the outcome of the appeal. The owner shall bear the burden of timely notification to the Police Chief or his designee or the Animal Control Department in writing of an appeal.
Dangerous dog determination. The Police Chief or his designee, after a thorough investigation, including sending, within 10 days of becoming aware of an alleged infraction, notification to the owner of the alleged infraction, the initiation of an investigation, and affording the owner an opportunity to meet with the Police Chief or his designee, gathering of any medical or veterinary evidence, interviewing witnesses, and making a detailed written report, may deem a dog to be a dangerous dog. No dog shall be deemed a dangerous dog unless shown to be a dangerous dog by a preponderance of evidence. The owner shall be sent immediate notification of the determination by registered or certified mail that includes a complete description of the appeal process. If deemed dangerous, the Police Chief or his designee shall order the dog to be spayed or neutered within 14 days at the owner's expense and microchipped, if not already, and one or more of the following as deemed appropriate under the circumstances and necessary for the protection of the public:
Evaluation of the dog by a certified applied behaviorist, a board-certified veterinary behaviorist, or another recognized expert in the field and completion of training or other treatment as deemed appropriate by the expert. The owner of the dog shall be responsible for all costs associated with evaluations and training ordered under this subsection;
Direct supervision by an adult 18 years of age or older whenever the animal is on public premises; or
Order the dangerous dog to be muzzled whenever it is on public premises in a manner that will prevent it from biting any person or animal, but that shall not injure the dog or interfere with its vision or respiration.
Justified conduct. A dog shall not be declared dangerous if the Police Chief or his designee after investigation determines the conduct of the dog was justified because:
The threat was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog or was committing a willful trespass or other tort upon the premises or property occupied by the owner of the animal;
The threatened person was tormenting, abusing, assaulting, or physically threatening the dog or its offspring;
The injured, threatened, or killed companion animal was attacking or threatening the dog or its offspring;
The dog was responding to pain or injury or was protecting itself, its owner, custodian, or a member of its household, kennel, or offspring.
Exceptions. 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; provided an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this section, each such dog shall be currently inoculated against rabies and performing duties as expected. It shall be the duty of the owner of the exempted dog to notify the Police Department of changes of address. In the case of a sentry or guard dog, the owner shall keep the Police Chief or his designee advised of the location where such dog will be stationed. The Police Chief or his designee and the Animal Control Department shall provide Police and Fire Departments with the categorized list of such exempted dogs, and shall promptly notify such departments of any address changes reported to him or her.
Control. It is unlawful for any person to knowingly or recklessly permit any dangerous dog to leave the premises of its owner when not under control by leash or other recognized control method.
Appeal. The owner of a dog found to be a dangerous dog pursuant to this section may file an appeal in the Circuit Court within 35 days of receipt of notification of the determination, for a de novo hearing on the determination. The proceeding shall be conducted as a civil hearing pursuant to the Illinois rules of evidence and the code of civil procedure, including the discovery provisions. After hearing both parties’ evidence, the court may make a determination of dangerous dog if the Police Chief or his designee meets his or her burden of proof of a preponderance of the evidence. The determination of the Circuit Court may be appealed pursuant to the civil appeals provisions of the Illinois Supreme Court Rules. Until the order has been reviewed and at all times during the appeal process, the owner shall comply with the requirements set forth by the Police Chief or his designee, the Animal Control Department or the court.
A dog found running at large and unsupervised with three or more other dogs may be deemed a potentially dangerous dog by the Police Chief or the Animal Control Department. Potentially dangerous dogs shall be spayed or neutered and microchipped within 14 days of reclaim. The designation of "potentially dangerous dog" shall expire 12 months after the most recent violation of this section. Failure to comply with this section will result in impoundment of the dog or a fine.
Notice of impoundment. When any animal has been impounded in an animal control facility, the Police Chief or his designee or the Animal Control Department shall give written notice to the owner, if known, at such owner's last known address. Testimony of the Police Chief or his designee or the Animal Control Department who mails such notice shall be evidence of the receipt of such notice by the owner of the animal.
Redemption of animals.
The owner of any impounded animal may redeem such animal upon compliance with the following conditions:
Presenting proof of current registration and inoculation of the dog or cat; or
Obtaining and paying for the registration and inoculation of the dog or cat, if required;
Payment for all expenses incurred during the impoundment, apprehension, or confinement; and
No animal shall be released to an individual representing a rescue group unless the group has been licensed by the Department of Agriculture of the State of Illinois or incorporated as a not-for-profit organization.
Cost of impoundment. The owner is liable for the cost of impoundment when the animal is impounded for any of the following reasons:
Failure to provide sufficient quantity of good quality, wholesome food and water.
Failure to provide shelter sufficient for the animal to maintain its body heat and functions without drawing upon the necessary constituents of its own body.
Failure to provide veterinary care when needed to prevent suffering.
Failure to provide humane care and treatment.
Failure to redeem any impounded animal whose ownership can be proven by the Animal Control Department.
The animal is left unattended inside a vehicle when the outdoor temperatures are dangerous to the animal's health.
The animal is captured outside the owner's property running at large.
Disposal of animals.
Any animal that has bitten a human being and cannot be confined by its owner, if known, or by the animal control facility, may be destroyed by the Mendota Police Department, its authorized designee, or the Animal Control Department.
Any animal surrendered to the animal control facility by its owner, or any animal impounded under the provisions of this chapter, which has not bitten a person shall, unless sooner redeemed, be held at the animal control facility for a period of at least three days, including Saturdays, Sundays and holidays, if the owner of said dog is unknown. If the owner of said animal is known or can be reasonably determined, the animal will be held for a period of at least seven days, including Saturdays, Sundays and holidays.
Impoundment of animals. It shall be the duty of the Police Chief or his designee or the Animal Control Department to impound in an approved control facility any animal over which possession is obtained under the provisions of this section.
Penalty. Any person who violates any of the provisions of the section shall be fined as provided in this chapter as amended from time to time. Nothing contained in this section shall be construed so as to prevent the City, or any of its duly authorized agents, from instituting any other form of actions at law or inequity to enforce the provisions, or to prevent or abate violations of this section. The City or any individuals may also pursue legal action under 510 ILCS 5 (Animal Control Act).
[Added by Ord. No. 09-04-07A]
It shall be unlawful for any person to keep or harbor more than three of any type or combination of animals over the age of four months within the City except as may be provided herein. Any person having more than three animals at the time of adoption of this section shall not be deemed in violation, unless said animals constitute a nuisance pursuant to other ordinances.
It shall be unlawful for any person to keep more than six birds within the City.
The limitations of this chapter shall not apply to fish which are kept in an aquarium.
The limitations of this chapter shall not apply to properly established and zoned veterinary hospitals, pet shops, pounds or animal shelters.
[Added by Ord. No. 02-06-12]
The purpose of this section is to establish requirements for the proper disposal of pet solid waste in the City of Mendota so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.
Requirement for disposal. All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste deposited on any property, public or private, not owned or possessed by that person.
Exemptions. Any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose.
Violations and penalties. Any person(s) who is found to have violated the provisions of this section shall be subject to a fine of no less than $25 and no more than $75.