As used in this article, the following terms shall have the
meanings indicated:
AT LARGE
Any dog shall be deemed to be at large when it is off the
property of its owner and not under the control of a responsible person.
CONTROL
An animal is under control if it is on a leash not more than
eight feet in length; is under voice control in the presence of a
competent person; is on or within a vehicle being driven or parked;
or is within the property limits of its owner or harborer or upon
the premises of another person with the consent of that person.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
DOG
Whenever "dog" is used in this chapter, it shall include
a female dog as well as a male dog.
INOCULATION AGAINST RABIES
The injection subcutaneously or otherwise as approved by
the Department of Agriculture of the State of Illinois of canine anti-rabic
vaccine, approved by the Department of Agriculture.
OWNER
A person having a right of property in a dog or who keeps
or harbors a dog, or who has a dog in his care, or who acts as its
custodian or who knowingly permits a dog to remain on or about any
premises occupied by him.
RESTRAINT
A dog is under "restraint" within the meaning of this chapter
if it is controlled by a leash; at "heel" beside a responsible person;
within a vehicle being driven or parked on the streets; or within
the property limits of its owner or keeper.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The owner or keeper of a dog shall keep the dog under restraint at all times and shall not permit such dog to be at large, off the premises of the property of the owner or keeper, unless the dog is under complete control. For the purposes of this section and §
109-4C, a dog shall be considered to have been permitted to be at large or permitted to run at large regardless of whether there is any fault or knowledge on the part of the owner or keeper.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
When a dog is impounded, the designated official shall take
the dog to Macon County Animal Control, which will scan the dog for
the presence of a microchip and examine it for other currently acceptable
methods of identification, including, but not limited to, identification
tags, tattoos and rabies license tags, within 24 hours after intake
and make reasonable attempts to contact the owner, informing the owner
of the impounding of the dog. The City of Maroa shall cite the owner
or keeper of such dog to answer charges for violation of this chapter.
Charges may also be imposed by Macon County Animal Control.
Any person(s) who shall bring any dog into the City for the purpose of causing the same to be impounded or any person who shall resist, hinder or molest the poundmaster or dogcatcher or police officer while engaged upon the duties imposed upon them by this chapter or any person who shall break into the dog pound and release or deliver any dog therefrom without having first paid the fees herein specified, or any owner or keeper of any dog who shall permit any dog to run at large within the corporate limits of the City, upon conviction of any part of this chapter, shall be fined according to Chapter
1, Article
III, General Penalty, of the City Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any dog which shall have bitten or otherwise injured any person
so as to cause an abrasion of the skin shall be confined and disposed
of as set forth in 510 ILCS 5/13, as amended.
Those persons charged with the duty of enforcing this chapter
may employ any method found practical and humane in capturing and
impounding any dog found running at large.
The City Council shall designate a City pound.
Any dog which may, in any manner, continually disturb the quiet
of any person or neighborhood or shall destroy or in any manner injure
any animal, plant, shrub or other property not on the premises of
its owner or keeper is hereby declared to be a nuisance, and such
dog shall be taken up and impounded and may be redeemed or disposed
of in the manner provided for under this chapter.
No person in control or possession of a female dog or permitting
the same to remain upon his or her premises shall permit any such
female dog, while in heat, to consort with any other dog or dogs in
an indecent manner in any place of public view, whether upon his own
or any other premises.
As used in this article, the following terms shall have the
meanings indicated:
CAT
Any feline, regardless of age or sex.
DOG
Any canine, regardless of age or sex.
SHADE
Protection from the direct rays of the sun during the months
of June through September.
SHELTER
As it applies to dogs, shall mean a moisture-proof structure
of suitable size to accommodate the dog and allow retention of body
heat, made of durable material with a solid floor raised at least
two inches from the ground and with the entrance covered by a flexible,
windproof material. Such structure shall be provided with a sufficient
quantity of suitable bedding to provide insulation and protection
against cold and dampness.
VICIOUS ANIMAL
Any animal which has previously attacked or bitten any person
or which has behaved in such a manner that the person who harbors
said animal knows or should reasonably know that the animal is possessed
of tendencies to attack or bite persons.
WILD ANIMAL
Any live monkey or ape, raccoon, skunk, fox, snake or other
reptile, leopard, panther, tiger, lion, lynx or any other animal or
any bird of prey which can normally be found in the wild state.
No dog or cat shall be permitted in any cemetery or shall be
allowed in any parks, swimming areas or beaches open to the public
in the City.
The ownership and possession of a domestic pet known as a "potbellied
pig," and also known as the "Vietnamese Potbelly" or the "Chinese
Potbelly," within the City of Maroa is hereby authorized.
A. The possession of said potbellied pig is limited to one per household.
No such pig shall be kept within the City limits unless it has been
spayed or neutered to render it incapable of reproduction. No such
potbellied pig shall be kept within the City limits if it exceeds
100 pounds in weight.
B. In order to assure that potbellied pigs kept within the City of Maroa do not serve as a source of disease or run at large or endanger any person, the provisions of Articles
I and
II of this chapter shall also apply to potbellied pigs.
C. All potbellied pigs will be registered with the City Clerk each year.
[Added 8-25-2008 by Ord.
No. 08/25/08-8]
A. For a period of 10 years commencing upon the release of a person
from incarceration, it is unlawful for a person convicted of a forcible
felony, a felony violation of the Humane Care for Animals Act, a felony
violation of Article 24 of the Criminal Code of 1961, a felony violation
of Class 3 or higher of the Illinois Controlled Substances Act, a felony violation of Class 3 or higher of the Cannabis
Control Act, or a felony violation of Class 2 or higher of the Methamphetamine
Control and Community Protection Act, to knowingly own, possess, have custody of or reside in
a residence with either:
(1) An unspayed or unneutered dog or puppy older than 12 weeks of age;
or
(2) Irrespective of whether the dog has been spayed or neutered, any
dog that has been determined to be a vicious dog under Section 15
of the Animal Control Act.
B. Any dog owned, possessed by or in the custody of a person convicted of a felony, as described in Subsection
A, must be microchipped for permanent identification.
C. Sentence. A person who violates this section is guilty of a Class
A misdemeanor or the nearest equivalent penalty available under municipal
law, and/or the general penalty fine.
[Added 6-23-2014 by Ord.
No. 06/23/2014-3]
Notwithstanding any other section of this chapter, it shall
be lawful for a natural person to raise chickens and rabbits on premises
used as their primary residence under the following conditions:
A. A permit
to raise chickens and/or rabbits shall be issued by the City of Maroa
before any animal husbandry activities are undertaken and must be
obtained on annual basis. The permit fee shall be as set from time
to time by the City Council. There may be a maximum of one permit
holder for a primary residence. The permit holder shall take notice
that a permit may be revoked or the City may refuse to issue a permit
should any activity associated with raising chickens or rabbits not
be in compliance with this section or other laws or regulations of
the State of Illinois.
[Amended 11-27-2017 by Ord. No. 2017/11/27-2; at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
B. Failure
to comply with any provision of this section or any applicable section
of the Revised Code of the City of Maroa shall result in a fine of
$150 per day.
[Amended 11-27-2017 by Ord. No. 2017/11/27-2]
C. Chickens
and rabbits may not be raised for sale or for any commercial purposes.
All eggs, meat, offspring and by-products must be consumed/used by
the family members living at the primary residency or may be given
away or disposed of in accordance with the laws and regulations of
the City of Maroa and State of Illinois.
D. Accumulations
of waste and by-products are not allowed. Waste and by-products must
be regularly disposed of or utilized in a permitted manner to avoid
creating a nuisance.
E. Excessive odor, noise or inhumane treatment of animals is hereby declared to be a nuisance under this chapter and subject to the fine as specified in Subsection
B of this section. Inhumane treatment includes, but is not limited to, the following:
(1) Failing
to provide a sufficient quantity of good-quality, wholesome food and
water.
(2) Failing
to provide adequate shelter and protection from the weather. A shelter
must have four sides, a roof, floor and bedding. The shelter shall
be placed to provide shade from the sun and protection from the weather.
(3) Failing
to provide veterinary care when needed to prevent suffering.
(4) Failing
to provide other humane care and treatment.
F. Limitation
on the number of animals kept.
(1) Chickens.
(a) Persons keeping chickens for egg production may keep a maximum of
eight hens; absolutely no male animals (cocks or roosters).
(b) Persons keeping chickens for meat production may have fowl of either
or both sexes. All cockerels must be slaughtered/harvested before
reaching 12 weeks of age. A maximum of 12 fowl may be kept at any
one time.
(c) A person combining egg and meat production may at no time have more
than 18 birds of any age.
(2) Rabbits.
(a) No more than two breeding-age bucks and five breeding-age does may
be kept at any one time. "Breeding age" is defined as rabbits six
months of age and older.
(b) Rabbits not used as breeding stock shall be slaughtered/harvested
before they reach the age of four months.
G. No pen,
hutch, coop or other structure used in animal husbandry shall be located
less than 15 feet from the boundary line of any adjoining property
owner or no less than 25 feet from an adjoining residence or business,
whichever distance is greater. No pen, hutch, coop or other structure
used in animal husbandry shall be greater than 15 feet from the permitted
person's primary residence.
[Amended 11-27-2017 by Ord. No. 2017/11/27-2]
H. All chickens
and rabbits must be kept in enclosures that allow at least four square
feet of indoor space per adult animal.
I. No chicken
or rabbit shall be allowed to run at large within the City of Maroa.
J. This section
shall not supersede any prohibition of any type of animal husbandry
in any subdivision covenant.
K. Permits
under this section shall not be issued to residents of multiunit (more
than two units) apartment buildings.
L. By applying
for and being granted a permit to raise chickens or rabbits, the permittee
grants the City or its designated representatives the right to come
upon the permittee's property to inspect the condition of the animal
husbandry activities undertaken by the permittee twice per year. In
addition to such yearly inspections, should a complaint be lodged
regarding the permittee's animal husbandry, the permittee grants the
City or its designated representatives the right to come upon the
permittee's property to investigate the complaint.
[Amended 11-27-2017 by Ord. No. 2017/11/27-2]