Chapter 7-12
ANIMAL CARE AND CONTROL

Sections:

7-12-010 Commission established--Executive director--Terms of members.

The mayor shall appoint an executive director who shall function as hereinafter set forth, subject to administrative and operating policies to be established by the commission. The salary of the executive director and other persons employed by the commission shall be as provided for in the annual appropriation ordinance. The commission shall function as an advisory body to the mayor and to the executive director and shall be responsible for the promulgation of such administrative policies and rules as are necessary to implement the enforcement of this ordinance. The mayor shall designate one of its members to act as chairman for a term of 12 months, subject to re-designation for any number of additional terms of two years. The commission shall meet at least once every three months, unless otherwise determined by the commission or when called upon to do so by the chairman.

Each commission member shall serve for a period of two years from date of appointment, subject to reappointment by the mayor for any number of additional terms of two years, except that four of the initial appointments as designated by the mayor shall be for a term of only one year. Each commission member shall serve until a successor has been appointed by the mayor. The mayor shall appoint members to fill vacancies which may occur due to death, resignation or incapacity. (Prior 98-1)

7-12-020 Definitions.

"Animal" means any living vertebrate, domestic or wild, not including man.

"Animal control center" means a facility operated by and under the direct supervision of the executive director of the commission for the purpose of impounding animals as henceforth set out in this ordinance.

"Animal control officer" means an employee of the commission who shall be responsible to it and the executive director and have the power and authority to issue citations for any violations of this ordinance relating to the care, treatment, control or impoundment of animals.

"Animal under restraint" means any animal either secured by a leash or lead, or within the premises of the owner, or confined within a crate or cage, or confined within a vehicle, or on the premises of another person with the consent of that person, or within an area specifically designated by the commission as an animal exercise run when said animal is under the control of a competent person.

"Bite" means seizure with the teeth or jaws of an animal so that the skin of the human being or animal seized has been pierced or broken and further includes contact of the saliva of the biting animal with any break or abrasion of the skin of the human being or animal bitten.

"Cat" means any live male or female cat (Felis catus).

"Cattery" means any establishment wherein any person engages in the business of boarding, breeding, buying, grooming, letting for hire, training for a fee or selling cats; provided, however, that the ownership of cats which are a part of the household shall not constitute the operation of a cattery. "Cattery" shall not include any animal control center as defined in this ordinance, any pound or similar facility operated by any subdivision of local, state or federal government, any humane society, any veterinary hospital, any research facility subject to inspection under separate provisions of local, state and/or federal law.

"Dangerous or vicious animal" means any animal which is known to have attacked a person on a previous occasion without provocation whenever that person was peacefully conducting himself or herself where he or she was lawfully entitled to be.

"Dog" means any live male or female dog (Canis familiaris).

"Euthanasia" means death brought about by any method which produces instant loss of consciousness and results in painless death.

"Executive director" means the individual appointed by the mayor to (1) supervise and administratively direct the work of the animal control center or centers as established by and defined in this ordinance, (2) coordinate the activities of the animal control center or centers with the activities of other animal control and regulatory agencies within the state of Illinois and with humane societies as such societies are hereinafter defined, (3) supervise and administratively direct any neutering and spaying clinic established by the commission, (4) formulate and direct an educational program to develop better animal care.

"Horse" means an animal of the genus equus.

"Humane society" means any not-for-profit corporation chartered under the laws of the state of Illinois for the object of animal welfare.

"Impounded" means having been taken into the custody of the commission or any other facility licensed pursuant to this ordinance for such purpose.

"Kennel" means any establishment wherein any person engages in the business of boarding, breeding, buying, grooming, letting for hire, training for a fee or selling dogs; provided, however, that the ownership of dogs which are a part of the household shall not constitute the operation of a kennel. "Kennel" shall not include any animal control center as defined in this ordinance, any kennel or pound or training facility operated by any subdivision of local, state or federal government, any humane society, any veterinary hospital, any research facility subject to inspection under separate provisions of local, state and/or federal law.

"Licensed dog" means any dog six months of age or older for which the owner can produce proof of having paid the license fee for the current year.

"Other enterprise" means any public or private animal exhibition staged temporarily or permanently, with or without charge to viewers, in compliance with applicable ordinances of the city of Chicago, statutes of the state of Illinois, and federal laws, including but not limited to zoos, circuses, rodeos, dog shows, cat shows, livestock exhibitions, horse shows, other shows or expositions utilizing or displaying animals, and businesses or business centers of any kind that place animals on display to the public for promotion or advertising purposes.

"Owner" means any person having a right of property in an animal or who keeps or harbors any animal or who has an animal in his care or custody.

"Person" means any individual, firm, corporation, partnership, association or other legal entity.

"Pet" means any species of domesticated animals customarily regarded as suited to live within an abode use for human occupancy.

"Pet shop" means any establishment wherein any person engages in the business of selling two or more species of animals suitable for use as pets.

"Stray animal" means any animal not under restraint and not in the presence of its owner.

"Vaccination" means the injection, as approved by the Department of Agriculture, state of Illinois, of an anti-rabies vaccine approved by said department, with verification thereof consisting of a current certificate and current tag issued in accordance with the statutes of the state of Illinois.

"Veterinarian" means a practicing veterinarian licensed by the state of Illinois.

"Veterinary hospital" means any establishment maintained and operated by a licensed veterinarian for diagnosis, treatment and/or surgery of diseases and injuries of animals.

"Visiting hours" means posted days and hours during which an animal control center operated by the commission on animal care and control shall be kept open to the public for the transaction of appropriate business, as established by the executive director. (Prior code 98-2; Amend. Coun. J. 10-16-84, p. 10165)

7-12-030 Animals shall be restrained.

7-12-040 Impounding stray animals.

7-12-050 Vicious animals.

7-12-060 Redemption of impounded animals.

The seven-day holding period shall not apply to animals relinquished by their owners to the commission under owner signature authorizing the commission to make immediate disposition of the animal at its discretion, nor shall any required holding period apply to animals received for impounding in obviously critical physical condition or for which immediate euthanasia shall be deemed proper for humane reasons by an authorized person.

Animals of unknown ownership shall be held for a minimum of seven days, or for such other length of time as the executive director may deem necessary to permit location of and redemption by rightful owners, except that wild animals which are noxious by their very nature such as wild rats and undomesticated rodents may be euthanized at once following an examination for zoonotic diseases.

Any animal remaining unredeemed after the prescribed holding period shall at once become the property of the commission. (Prior code 98-3.3)

7-12-070 Facilities to be used for impoundments.

7-12-080 Removal of neglected animal.

The animal control center, humane society or other authorized receiving agency shall exercise due caution for the welfare and temporary safekeeping of any animal so removed, in conformance with policies to be prescribed by the commission. After due notification of the owner, or if the owner cannot be located or contacted after reasonable effort by the animal control center, humane society or other authorized receiving agency, any animal so removed and unredeemed shall become the property of the commission and disposed of under policies prescribed by the commission. ( Prior Code 98-4)

7-12-090 Owner's responsibility where animal has bitten another animal or person.

If a licensed animal, which has bitten any animal or person, is to be impounded by the commission, the owner shall pay the fees for housing of the animal as prescribed in this ordinance. Prior to release of said animal, vaccination and license certificates must be presented to the executive director or authorized representative.

It shall be unlawful for the owner of any animal, when notified that such animal has bitten any person to sell or give away such animal or to permit or allow such animal to be taken beyond the limits of the city. (Prior code 98-5)

7-12-100 Animals for medical research.

In executing the delivery of animals from the commission to reputable institutions of learning and hospital laboratories, the following procedures and regulations shall prevail:

1. No animal shall be surrendered for such medical research uses until it has been impounded for a period of at least 10 days.

2. Animals given up by their owners to the commission may be surrendered by it for medical research under this ordinance only if owners shall signify in writing their approval for same to be done, on forms to be prescribed by the commission.

3. No impounded animal wearing a city of Chicago license tag or any other readily traceable means of identification shall be released by the commission for medical research until all reasonable effort has been expended to locate the rightful owner.

4. Each institution obtaining animals under this ordinance shall adhere to the following regulations and be subject to inspection by the president of the board of health for purposes of determining compliance:
   1. No operation on animals obtained under this ordinance shall be made except with the sanction of the director or head of the laboratory where such operations are to be performed;

   2. In surgical operations likely to cause greater discomfort than that attending anesthetization, the animal shall first be rendered incapable of perceiving pain and shall be maintained in that condition until the surgical operation is ended;

   3. Animals may be allowed to recover from surgical operations only when same have been carried out under anesthesia and with aseptic precautions, and, then, they shall be given high standard postoperative care;

   4. After an animal has been given to any institution and when identified prior to having been subjected to any research treatment, upon presentation of satisfactory evidence that the conditions of redemption have been met the animal shall be released to the owner;

   5. Any complaints regarding the allocation, care, and use of animals for medical research shall be filed with the president of the board of health and heard by him within five days thereafter. On proof of a violation, the president of the board of health shall notify the commission and the commission shall refuse to allocate animals to the offending institutions. (Prior code 98-6)

7-12-110 Adoption of unredeemed animals.

7-12-120 Fees.

1. Redemption fee, dog impounded as unlicensed stray--$20.00 plus mandatory licensing within 10 days;
2. Redemption fee, dog impounded as licensed stray--$14.00;
3. Redemption fee, cat impounded as stray--$14.00;
4. Redemption fee, horse impounded as stray--$20.00 plus mandatory licensing within 10 days if owner maintains horse within the city;
5. Redemption fee, any species other than dog, cat or horse--$14.00 plus mandatory application for permit to own if species is covered by protective law;
6. Redemption fee, per animal impounded under provisions of this ordinance--$3.00 per day, plus mandatory licensing within 10 days if applicable to species;
7. Euthanasia fee, owner's request--$2.00;
8. Redemption fee, animal permanently relinquished to commission at owner's will, return of which later is requested if still at hand--$3.00 per day.
9. Adoption fee, male dog--$10.00 or at higher bid price if auctioned, plus $20.00 deposit to guarantee spaying, plus mandatory licensing within 10 days;
10. Adoption fee, female dog--$10.00, or at higher bid price if auctioned, plus $20.00 deposit to guarantee spaying, plus mandatory licensing within 10 days;
11. Adoption fee, male cat--$5.00;
12. Adoption fee, female cat--$5.00 plus $20.00 deposit to guarantee spaying. (Prior Code 98-7.1; Amend. Coun. J. 11-30-99, p. 19542)

7-12-130 Refund of spaying deposit--Exchange of animal--Commission's right to repossess.

Any adopter of an animal from an animal control center may exchange such animal for another of the same species and sex within 14 days from date of adoption, if said animal has been examined by a veterinarian or by an authorized representative of the executive director and found to be physically or otherwise defective, or unadaptable to the home of the adopter, but no refund shall be made if exchange shall be declined by the adopter.

The commission shall have the right to repossess irrevocably without refund or exchange privilege, any adopted animal if the owner is in default as to licensing and/or spaying requirements or any other provision of this ordinance. (Prior code 98-7.2)

7-12-140 License required.

7-12-150 License application forms.

The commission shall keep or file, or cause to be kept on file, for two years from date of issue, a copy of each application form so processed, or a copy of each license so issued on the basis of application.

The commission may require persons who sell, transfer ownership of, give away, or otherwise dispose of animals, or of specified species of animals, to maintain records of such transactions, including information descriptive of the animals and identity and location of the recipient. If and when such is required, the commission shall prescribe the length of time such records shall be kept on file by the preparer and shall be permitted access to the records upon demand. (Prior code 98-8.1)

7-12-160 Rabies inoculation certificate.

7-12-170 License fees.

Male or female, unneutered (i.e., unspayed or uncastrated)--$5.00;

Male or female, neutered (i.e., spayed or castrated)--$2.00; except that owners who shall establish by satisfactory proof that they are 65 years of age or older shall be issued licenses for their dogs for the following fees:

Male or female, unneutered--$2.50;

Male or female, neutered--$1.00. (Prior code 98-8.3)

7-12-180 Exemptions from license fees.

7-12-190 Citations for unvaccinated and/or unlicensed dogs.

7-12-200 Rabies vaccination required.

A current certificate of vaccination issued by a veterinarian licensed to practice in any other jurisdiction establishing vaccination with a vaccine approved by the Department of Agriculture of the state of Illinois, may be accepted by the executive director. (Prior code 98-8.6)

7-12-210 Equine animal--License required--Fee--Display--Exemptions.

The license fee shall be $25.00 for each year or any portion thereof and shall be due on the first day of May of each year or at such later date as the animal is acquired, and shall expire on the thirtieth day of April.

A tag shall be issued in evidence of payment of such license fee, and the tag shall be affixed to the rein or saddle whenever the animal is on a public way, and the executive director or an animal control officer may demand proof of such license from the owner at any time or at any place such animal is within the city.

This licensing requirement shall not apply to domestic equine animals owned by or in the charge or care of nonresidents traveling through the city of Chicago or temporarily living therein; however, any person keeping or harboring any equine animal for 15 consecutive days within the city shall be considered a resident owner and shall comply with the licensing requirement, unless registered under Section 7-12-400 of this ordinance. An equine animal which is the property of and subdivision of local, state or federal government shall be issued a complimentary license. (Prior code 98-9)

7-12-220 Horse-drawn carriage--Horse license required.

An application for a horse license under this section shall be made in writing, signed and sworn to by the applicant or if the applicant is a corporation, by its duly authorized agent, upon forms provided by the executive director. The application shall contain the full name, Chicago place of business and residence address of the applicant and the business telephone number of the applicant. All corporate applicants for horse licenses under this section shall be organized or qualified to do business under the laws of Illinois and have a place of business in the city of Chicago. All other applicants shall be citizens of the United States and shall have a place of business in the city of Chicago.

The annual license fee for each horse licensed under this section shall be $50.00. The fee shall be paid in advance when the license is issued and shall not be prorated. Each horse license issued under this section shall expire on the thirty-first day of December following the date of issuance. (Prior code 98-9.1, Added. Coun. J. 10-16-84,p. 10165; Amend. during Supplement No. 2, 4-91)

7-12-230 Horse-drawn carriage--Horse identification number--Violation--Penalty.

Tattooing a horse in an unauthorized manner, use of an expired unauthorized or false identification number or alteration of an identification number issued by the executive director in any manner whatsoever shall all be deemed a violation of the law. Any person who violates any provision of this section shall be fined not less than $100.00 nor more than $500.00 for each offense and each day such violation shall continue shall be deemed a separate and distinct offense. (Prior code 98-9.2; Added. Coun. J. 10-16-84,p. 10165)

7-12-240 Horse-drawn carriage--Right to demand proof of license--Exception.

7-12-250 Horse-drawn carriage--Access for inspection.

7-12-260 Horse-drawn carriage--Requirements for operation.

1. The horse may not have any open sore or wound, nor may such horse be lame or have any other ailment, unless the driver shall have in the driver's possession a written statement by a veterinarian that the horse is fit for such work, notwithstanding such condition.
2. The hoofs of the horse must be properly shod and trimmed, utilizing rubber-coated, rubber heel pads or open steel borium tip shoes to aid in the prevention of slipping.
3. The horse must be groomed daily and may not have fungus, dandruff or a poor or dirty coat.
4. The horse must be examined, not less than every three months, by a veterinarian, who shall certify the fitness of the animal to perform such work. The driver of a horse-drawn carriage licensed under Chapter 9-108 of the municipal code must have a veterinarian's certificate for such examination and immunization in his or her possession for the horse drawing the carriage at all times such carriage is in operation. A copy of such certificate shall be filed with the executive director.
5. No horse may be worked more than six hours in any 24 hour period.
6. All harness and bits shall be used and maintained in accordance with the manufacturing design.
7. Each horse must be given water and rest for not less than a 15 minute period during each working hour.
8. No horse may be utilized to pull a carriage carrying more passengers than such carriage is designed to carry by the manufacturer, nor shall a carriage be pulled by fewer animals than provided for by such design.
9. No horse may be worked with equipment causing an impairment of vision, other than normal blinders.
10. No whip shall be used unless its design is fist approved by the executive director, nor may the driver of a carriage apply a whip to a horse other than by a light touch.
11. No stallion may draw a carriage without the prior written permission of the executive director.
12. No horse drawing a carriage shall be worked at a speed faster than a slow trot.
13. All horses shall be equipped with a waste-catching device, approved by the executive director, while on any public way. (Prior code 98-9.5, p. 4000)

7-12-270 Horse-drawn carriage--Violation--Penalty for Sections 7-12-220 through 7-12-260.

7-12-280 Stables to be kept clean.

7-12-290 Cruelty to animals--Fines.

1. Overload, overdrive, overwork, beat, torture, torment, bait, mutilate or cruelly kill any animal, or cause or knowingly allow the same to be done;
2. Unnecessarily fail to provide any animal in his or her charge or custody with proper food, water, air and sanitary shelter, such shelter to be sufficient to provide natural light or artificial illumination during reasonable hours and protection from the weather and space within sufficient for the animal to stand in an upright position, and lie down stretched out so that no part of its body need touch the sides of the shelter structure;
3. Cruelly force into undue physical exertion any animal;
4. Carry, keep, drive, or cause to be carried, driven or kept, any animal in a cruel manner;
5. Leave for any unreasonable length of time any animal unattended in a motor vehicle, trailer or other enclosure when the outside temperature shall exceed 85 degrees Fahrenheit in such a manner that said animal does not have proper air circulation;
6. Have, keep or harbor any animal which is infected with any disease transmissible to other animals or man, or which is afflicted with any painful disease or injury, including severe parasitism, unless such animal be under the care of a veterinarian.
7. Abandon any animal on any public way or in any place where it may suffer or become a public charge:
8. Stake out unattended, or leave unrestrained outside and unattended any female dog in season.

7-12-300 Ban of unlicensed possession of animals for slaughter.

This section is applicable to any cult that kills (sacrifices) animals for any type of ritual, regardless of whether or not the flesh or blood of the animal is to be consumed; except that Kosher slaughtering is exempted from this ordinance.

Nothing in this ordinance is to be interpreted as prohibiting any licensed establishment from slaughtering for food purposes any animals which are specifically raised for food purposes.

Agents of the Chicago commission on animal care and control, police officers and humane investigators of any agency licensed by the city of Chicago and/or the Illinois Department of Agriculture for the prevention of cruelty to animals shall have the authority to confiscate any and all animals kept in violation of this ordinance. Enforcement personnel shall have the authority to enter any business premises during normal business hours where an animal or animals described in this ordinance are being housed or kept, but shall only enter domiciles or businesses during non-business hours after obtaining a proper search warrant or permission to enter from the occupant or owner of such premises.

Any person found to have been in violation of this section shall be fined not less than $50.00 nor more than $1,000.00 for each offense. When a person keeps, owns or slaughters more than one animal in violation of this ordinance, the unlawful keeping, owning or slaughtering of each animal will be considered a separate offense for the purposes of this ordinance. (Prior code 98-11.1)

7-12-310 Removal of injured or diseased animal from public way.

Handling of any such case shall be the responsibility of the commission or, in the absence of a representative of the commission, any city of Chicago police officer, or any humane society representative duly authorized by the society to act in its behalf. (Prior code 98-12)

7-12-320 Horse-drawn carriage--Removal of horse from public way.

7-12-330 Burial of dead animals.

7-12-340 Notice to commission for removal of dead animal.

7-12-350 Dying baby chicks, other fowls or rabbits prohibited.

7-12-360 Wild or non-domesticated animals.

It shall be a violation of this ordinance for any person to refuse to surrender any animal kept in non-compliance. (Prior code 98-16)

7-12-370 Animal fights and contests prohibited.

Any person who violates any of the provisions of this section shall upon conviction thereof be punished by fine of not less than $100.00 nor more than $500.00 for the first offense and not less than $300.00 nor more than $1,000.00 for the second offense and shall be punished as a misdemeanor for each subsequent offense by incarceration in the county jail for a term not to exceed six months under procedures set forth in Section 1-2-2.1 of the Illinois Municipal Code (Illinois Revised Statutes 1973, Chapter 24, paragraph 1-2-1.1) as amended, or by both fine and imprisonment. (Prior code 98-17; Amend. Coun. J. 7-31-90, p. 19875)

7-12-380 Cattery, kennel, pet shop, veterinary hospital--License required--Sanitary conditions.

All catteries, kennels, pet shops and veterinary hospitals and other enterprises shall be kept free and clean of decaying food and filth of any kind and shall be maintained under sanitary conditions at all times. In the case of veterinary hospitals, inspections shall be conducted by a qualified veterinarian, except that no veterinarian shall be designated to inspect a hospital which he owns or at which he is employed. (Prior code 98-18)

7-12-390 License fees.

Humane Society, No fee, but registration and permit required annually for each year or part of year of operation from May 1st to April 30th.

All licensees electing to have the commission on animal care and control remove and dispose of dead animals from their premises shall pay an additional fee of %50.00 annually for this service. (Prior code 98-18.1)

7-12-400 Standards of operation.

The commission may conduct, or cause to be conducted by an animal control officer or authorized representative, such inspections as are necessary to insure compliance with all applicable ordinances, statutes, and laws of local, state and federal governments and compliance with administrative regulations of the commission. (Prior code 98-18.2)

7-12-410 Revocation of license.

7-12-420 Removal of excrement.

7-12-430 Violation--Penalty.