Chapter 7-12 ANIMAL CARE AND CONTROL

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

There is hereby established a commission to be known as the "commission on animal care and control, City of Chicago." Said commission shall consist of nine members to be appointed by the mayor, three of whom shall be members, respectively, of the police department, health department, and the department of streets and sanitation; with the remaining six members to include at least one representative of a humane society as hereinafter defined, at least one veterinarian licensed under the laws of the State of Illinois, and at least three private citizens. All commission members shall serve as such without compensation.

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 redesignation 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 code § 98-1)

7-12-020 Definitions.

As used in this chapter, the following are defined and shall be construed as hereinafter set out unless it shall be apparent from the context that a different meaning is intended:

"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 chapter.

"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 its 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).

"Commission" means the commission on animal care and control.

"Dangerous animal" means an animal meeting any one of the following criteria:

(1) any animal which bites, inflicts injury on, kills or otherwise attacks a human being or domestic animal without provocation on any public or private property; or

(2) Any animal which on more than one occasion, without provocation, chases or approaches any person in an apparent attitude of attack, on any public property or in any place outside or over the boundaries of its owner's property; or

(3) Any animal owned or harbored primarily or in part for the purpose of dog or other animal fighting or any animal trained for dog or other animal fighting; or

(4) Any dog that is used as a guard dog; or

(5) Any animal which has been found to be a vicious dog under state law.

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

"Euthanasia" or "humane destruction" 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.

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

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

"Microchip" means a passive electronic device that is injected into an animal by means of a prepackaged sterilized implanting device for purposes of identification or recovery.

"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.

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

"Provocation" means that the threat, injury or damage caused by the animal was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the animal, or was tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime.

"Severe injury" means any physical injury that results in broken bones or lacerations requiring sutures or cosmetic surgery.

"Snakehead fish" means a fish of the Family Channidae.

"Sterilization" or "sterilize" means the rendering of an animal unable to reproduce by surgically altering the animal's reproductive organs. Sterilization includes the spaying of a female dog or cat, or the neutering of a male dog or cat.

"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 antirabies 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 person currently licensed by the State of Illinois to engage in the practice of veterinarian medicine.

"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.

"Animal Exhibition", "Guard dog", "Humane society", "Kennel", "Pet show", and "Veterinary hospital" shall have the same meaning ascribed to them as in section 4-384-010 of this Code.

(Prior code § 98-2; Amend Coun. J. 10-16-84, p. 10165; Amend Coun. J. 10-2-95, p. 8604; Amend Coun. J. 4-16-97, p. 42589; Amend Coun. J. 12-12-01, p. 75777, § 4.1; Amend Coun. J. 10-2-02, p. 94895, § 1; Amend Coun. J. 12-4-02, p. 99026, § 4.1; Amend Coun. J. 7-26-06, p. 81829, § 3)

7-12-030 Animals shall be restrained.

Each owner shall keep and maintain his animal under restraint; provided, however, that this section shall not apply to any dog being used for rescue or law enforcement work. It shall be unlawful for any owner to allow his or her animal to cross outside the property line of its owner to any extent, including reaching over or under a fence, or to keep or allow his or her animal to be outdoors on an unfenced portion of the owner's property, unless the animal is leashed and under the control of its owner or another responsible person. In addition, it shall be an unlawful failure to restrain for an animal to attack, bite, threaten, or jump on any person without that person's consent, outside the property of the animal's owner. The provisions of this section shall be a positive duty of the owner and the offenses described herein shall be strict liability offenses.

Any owner who violates any provision of this section shall be subject to a fine of $300.00, if the violation does not result in severe injury or death to any person or damage to another person's property. If the violation results in severe injury or death to any person, the owner shall be subject to a fine of not less than $1,000.00 and not more than $10,000.00. In addition to a fine, the owner may be required to submit full restitution to the victim or may be incarcerated for a period not to exceed six months, or may be required to perform up to 100 hours of community service, or any combination thereof. If the violation results in damage to another person's property, the owner shall be subject to a fine of not less than $300.00 and not more than $1,000.00. In addition to a fine, the owner may be required to submit full restitution to the victim.

(Prior code § 98-3; Amend Coun. J. 10-2-95, p. 8604; Amend Coun. J. 10-31-01, p. 71774, § 1; Amend Coun. J. 3-31-04, p. 20916, § 3.25)

7-12-040 Impounding stray and unlicensed animals.

Any stray animal and any animal without a current license that is found in the public way or within a public place or upon private premises of any person other than the owner shall be immediately impounded by an animal control officer.

(Prior code § 98-3.1; Amend Coun. J. 10-2-95, p. 8604)

7-12-050 Dangerous animals--Determination and requirements.

The executive director shall have the authority to make a determination that an animal is a dangerous animal, as defined in Section 7-12-020, and to order the owner to comply with any of the measures set forth below for the protection of public health, safety and welfare.

(a) Upon receipt of a citizen complaint or other report of an animal bite, attack, threatening behavior, or other reason to believe an animal may be a dangerous animal, the executive director or an animal control officer shall evaluate the seriousness of the complaint or report and, if the circumstances warrant, may conduct an investigation of the facts. Where practicable and readily located, the investigation shall include interviewing the complainant, the victim, if any, the animal's owner, and any witnesses, and observation of the animal and the scene. The investigator then shall make a written finding of whether an animal is a dangerous animal as defined in Section 7-12-020 and of the basis for that finding. In addition, if during the course of the investigation, the investigator uncovers evidence of inhumane treatment of any animal in violation of Section 7-12-090, he or she shall make a written finding of the specific violation and forward such to the executive director. For purposes of this section, a police report may constitute an investigation and may include a finding of dangerousness. Based upon the investigator's finding of a dangerous animal, the executive director shall declare in writing whether the animal is a dangerous animal.

(b) Where an animal is declared to be a dangerous animal, and the animal has caused severe injury to any person, then the executive director may order the humane destruction of the animal, where appropriate, taking into consideration the severity and the circumstances of injury. Where an animal is declared to be a dangerous animal, and the animal has caused death to any person, then the executive director shall order the humane destruction of the animal.

(c) In all cases where an animal is declared to be a dangerous animal and the animal is not humanely destroyed, the executive director shall order the owner to comply with the following requirements:

(1) While on the owner's property, the owner must securely confine the dangerous animal indoors or within a securely enclosed and locked pen, structure, or fence, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen, structure, or fence must be a minimum of six feet in height and must have secure sides. If it has no bottom secured to the sides, the sides must be embedded into the ground no less than two feet deep. The enclosure also must be humane and provide some protection from the elements for the animal.

(2) While off of the owner's property, a dangerous animal must be muzzled securely to prevent the possibility of biting, restrained by a substantial chain or leash not exceeding six feet in length, and under the control of a responsible person at all times. The muzzle must be made in a manner that will not cause injury to the animal or impair its vision or respiration but must prevent it from biting any person or animal.

(3) The owner must display, in a conspicuous manner, a sign on the owner's premises warning that a dangerous animal is on the premises by stating in capital letters:

"Warning--Dangerous Animal--Keep Away."

The sign must be visible and legible from the public way and from 50 feet away from the special enclosure required pursuant to subsection (c)(1) above.

(4) The owner, at the owner's expense, shall have an identifying microchip installed under the animal's skin by a veterinarian authorized by the executive director.

(5) The animal shall be spayed or neutered, at the owner's expense.

(6) Within ten business days of the declaration that the animal is a dangerous animal, the owner must procure and maintain in effect liability insurance, including coverage of claims arising from the conduct of the owner's animal, in an amount not less than $100,000.00. The insurance shall include a provision whereby the insurer notifies the executive director not less than 30 days prior to cancellation or lapse of coverage.

In addition, the executive director may order the owner to comply with any of the following requirements, in any combination:

(7) The owner must confine the dangerous animal to the secure enclosure described above in subsection (c)(1) at all times and only allow the animal out under the conditions set forth in subsection (c)(2) when it is necessary to obtain veterinary care for the animal or to comply with a court order.

(8) The owner and the animal must complete a course of animal obedience training approved by the commission.

In the alternative to (1)--(8) above, the executive director may order that the dangerous animal shall be permanently barred from the city limits.

(d) Where the owner's address can be reasonably ascertained, the executive director shall send written notice to the owner, by certified mail, stating that his or her animal has been declared a dangerous animal, describing the basis for such declaration by specific behavior and date(s) of occurrence, setting forth all applicable orders and restrictions imposed reason of such declaration, and informing the owner of his or her right to appeal such determination by filing a written request for a hearing within seven days of receipt of the notice. A copy of such notice shall be sent to the complainant, if any. Where the animal has been impounded pursuant to subsection (f) below, such notice shall be sent within 15 days after such impoundment.

(e) If the owner requests a hearing, the executive director, if the department of administrative hearings has not exercised jurisdiction in accordance with Section 2-14-190(c) of this Code, or the department of administrative hearings, if the office has exercised jurisdiction in accordance with Section 2-14-190(c) of this Code, shall appoint an administrative law officer who shall hold a hearing, at which all interested parties may present testimony and any other relevant evidence, within 15 days of the request. The hearing shall be taped or recorded by other appropriate means. If the administrative law officer upholds the executive director's determination that the animal is dangerous, the owner shall have 30 days to satisfy all requirements set out in subsection (c) and the notice. In those cases where the executive director has ordered humane destruction of the dangerous animal, that order shall not be carried out until seven days after the hearing; if the owner appeals to the circuit court during that time period, that order shall be stayed until resolution of such appeal.

(f) Where there is probable cause to believe that an animal is a dangerous animal, the executive director or his designee is authorized to impound and hold such animal, at the owner's expense, pending the investigation and final resolution of any appeals. Where the animal has caused severe injury or death to any person, the executive director or his designee is required to impound and hold such animal, at the owner's expense, pending the investigation and final resolution of any appeals. Moreover, in no event shall a dangerous animal be released to its owner before the executive director or his designee approves the enclosure required by subsection (c)(1). The holding period and impoundment procedures for animals of unknown ownership shall be governed by Section 7-12-060.

(g) Guard dogs and dogs which have been found to be "vicious dogs" under state law, both of which are defined in Section 7-12-020 above as dangerous animals, automatically are required to comply with the requirements of Section 7-12-050(c)(1)--(3) without the need for any individualized declaration or the right to any hearing, except that, to the extent an owner disputes the fact that his or her animal is used as a guard dog by a commercial venture, in such instances the protections set forth above shall apply.

(Added Coun. J. 10-2-95, p. 8604; Amend Coun. J. 7-10-96, p. 24983; Amend Coun. J. 11-12-97, p. 56814; Amend Coun. J. 4-29-98, p. 66565; Amend Coun. J. 10-31-01, p. 71774, § 2)

7-12-051 Dangerous animals--Violations.

(a) Any owner who fails to comply with any of the requirements of Section 7-12-050(c) and any additional orders of the executive director as authorized by that subsection shall be punished by a fine of not less than $200.00 nor more than $500.00 for the first offense, and not less than $500.00 nor more than $1,000.00 for the second offense. Any subsequent offenses shall be punished as a misdemeanor by incarceration for a term not to exceed six months. In addition to the penalties set forth above, the executive director may order an owner who violates Section 7-12-050(c) to attend with his or her animal a course of animal obedience training approved by the commission.

(b) Any animal which has been declared a dangerous animal and which (1) is seen outside and not confined within the enclosure required by Section 7-12-050(c)(1), and not muzzled and under control as required by Section 7-12-050(c)(2), or (2) thereafter attacks or injures a person or domestic animal, may be impounded by an animal control officer or a police officer, at the owner's expense, and the executive director may order the owner to comply with any of the alternatives set forth in Section 7-12-050(b) and (c), including humane destruction of the animal. The owner shall be entitled to notice and an opportunity for a hearing in the same manner as provided in Section 7-12-050(d) and (e) above.

(Added Coun. J. 10-2-95, p. 8604)

7-12-052 Dangerous animals--Miscellaneous.

(a) Every owner of a dangerous animal shall allow inspection of the required enclosure by the executive director or his designee.

(b) All dangerous animals as defined in this chapter are hereby declared to be a public nuisance; provided that they are lawful if maintained in strict compliance with the requirements set out in Section 7-12-050(c).

(c) The executive director and/or the commission are hereby authorized to enact regulations governing dangerous animals as are necessary to carry out the provisions of this chapter and to promote the health, safety, and welfare of the public.

(d) Where an animal has caused severe injury or death to any person, but it is not found to be a dangerous animal on the grounds that the attack was provoked, the executive director shall advise the owner to comply with the safety measures set forth in Section 7-12-050(c) in order to protect the public health, safety and welfare.

(Added Coun. J. 10-2-95, p. 8604)

7-12-060 Redemption of impounded animals.

The commission or any agency the commission may designate to take possession of animals for the purposes of impounding, shall hold impounded animals for seven days, unless the owner redeems the animal sooner, during which time reasonable means shall be used to facilitate their return to the rightful owners. The owner of any animal impounded in any animal control center may, at any time during visiting hours at the animal control center, and before the sale or other disposal as provided in this ordinance, redeem such animal by paying the required fees or charges and, in the case of an unlicensed animal by complying with the license requirements.

The seven-day holding period shall not apply to an animal relinquished by its owner 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 an animal received for impounding in obviously critical physical condition or for which immediate euthanasia shall be deemed proper for humane reasons by the executive director or the executive director's designee.

An animal of unknown ownership shall be held for a minimum of five days, or for such longer length of time as the executive director may deem necessary to permit location of and redemption by the rightful owner, 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; Amend Coun. J. 12-4-02, p. 99026, § 4.1)

7-12-065 Impoundment of dogs and cats--Compulsory sterilization.

(a) Any fertile dog or cat impounded under this chapter pursuant to Sections 7-12-040 or 7-12-080 shall be sterilized prior to redemption, unless, in the determination of the executive director, the sterilization would endanger the life or health of the animal.

(b) The sterilization of the animal pursuant to this section shall be performed only after the owner, if known, is given notification either in person, or by certified mail, of the executive director's intent to sterilize the animal and informing the owner of his right to appeal such determination by filing a written request for a hearing within five days of the receipt of notice.

(c) If the owner requests a hearing, the administrative law officer shall be appointed by the executive director unless the department of administrative hearings has exercised jurisdiction in accordance with Section 2-14-190(c) of this Code, in which case the department of administrative hearings shall appoint the administrative law officer, who shall hold a hearing, at which all interested parties may present testimony and any other relevant evidence, within 15 days of the request. If the administrative law officer upholds the executive director's determination that the cat or dog is subject to the requirements of this section, then the executive director shall not sterilize the animal until seven days after the hearing; if the owner appeals to the circuit court during that time period, the order to sterilize the animal shall be stayed until resolution of such appeal.

(d) In addition to all other applicable fees, the cost of the sterilization shall be charged to the owner upon redemption.

(Added Coun. J. 12-4-02, p. 99026, § 4.1)

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

For purposes of impoundment, the executive director shall utilize an animal control center or the facilities of any humane society properly equipped and willing to impound animals, or, if the animal shall be of a species that may be better or more safely impounded elsewhere, the executive director may designate an alternate facility that is properly equipped and willing to accept the animal.

(Prior code § 98-3.4)

7-12-080 Removal of neglected animal.

Whenever the executive director shall determine that any animal is kept within a building or upon any premises without food, water or proper care and attention for a period of time sufficient within his judgment to cause undue discomfort or suffering, and if the owner cannot be located after reasonable search, or if the owner shall be known to be absent due to injury, illness, incarceration or other involuntary circumstance, it shall be the duty of the executive director to obtain the necessary legal process to allow him or her to enter or to cause to have entered such building or premises to take possession and remove such animal to an animal control center or to a humane society or other appropriate agency equipped, able and willing to accept the 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 to 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.

It shall be the duty and responsibility of the owner of any animal which has bitten any other animal or person to notify the commission of such bite. It also shall be the duty and responsibility of the owner to surrender such animal to an animal control center within 24 hours after the animal has bitten any other animal or person, or to have such animal impounded at a humane society or other authorized agency provided that there is a veterinarian on the premises daily. If, however, a licensed veterinarian is presented evidence that such animal has been inoculated against rabies within the time prescribed by law prior to the biting, such animal shall be confined on the premises of its owner and in a manner which shall prohibit such animal from biting any other animal or person for a period of ten days; except that, where the animal bite has caused severe injury or death to a person, confinement on the owner's premises shall not be allowed. In the event of severe injury or death to a person, the executive director shall impound the animal, at the owner's expense, as set forth above in Section 7-12-050(f). It further shall be the duty and responsibility of the owner to have such animal examined by a licensed veterinarian on the first and tenth day of impoundment or confinement or as soon thereafter as possible; provided, that the impoundment or confinement of the animal described above shall not be terminated until examination by a veterinarian.

If an animal, which has bitten any animal or person, is to be impounded by the commission, the owner shall pay a $150.00 rabies observation fee to cover the cost of housing, food, veterinary services and any other service rendered to the animal. Prior to release of said animal, vaccination and license certificates must be presented to the executive director or the director's authorized representative. It shall be unlawful for the owner of any animal, when notified that the animal has bitten any person to sell, euthanize, inoculate, or give away the animal or to permit or allow the animal to be taken beyond the limits of the city.

The owner of any animal impounded for rabies observation who fails to pay the rabies observation fee as provided by this chapter shall be subject to a fine of $300.00 and any other costs incurred by the commission for the housing, care and treatment of the animal. Any person who violates any other provision of this section shall be fined not less than $300.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Prior code § 98-5; Amend Coun. J. 10-2-95, p. 8604; Amend Coun. J. 12-4-02, p. 99026, § 4.1; Amend Coun. J. 3-31-04, p. 20916, § 3.26)

7-12-100 Reserved.

Editor's note: Amend Coun. J. 12-1-04, p. 36205, § 1, repealed § 7-12-100, which pertained to animals for medical research. See also the Code Comparative Table.

7-12-110 Adoption of unredeemed animals.

The commission shall designate, and the executive director shall cause to have posted or published, the day or days of each week and the hours when unredeemed animals in possession of the commission shall be offered to the public for inspection and adoption. The executive director also shall designate, with the approval of the commission, reasonable ownership standards deemed necessary for the care of adoptive animals, including inoculation and enforcement of neutering and spaying requirements for all dogs and cats adopted.

(Prior code § 98-7)

7-12-115 Rabies vaccination; spay/neuter clinics.

(a) The commission and the executive director may establish and maintain one or more clinics for the administration of rabies vaccinations to, the sterilization of, and the implantation of microchips in cats and dogs owned by city residents.

(b) Persons who submit a dog or cat for any of the services specified in this section shall complete an application form promulgated by the executive director. The application shall include a consent form certifying that the applicant is the owner of the animal or is otherwise authorized to present the animal for the service. The consent form shall contain a waiver of liability of the city, the commission and the executive director, and any of their agents or employees, for any injury or death of an animal resulting from the services provided under this section, or other services provided incidental thereto.

(1) Sterilization surgery . . . $25.00

(2) Rabies vaccination . . . 15.00

(3) Microchip implantation . . . 15.00

The fees shall be in addition to any applicable license fee.

The commission may, no more than five days per month, waive the sterilization surgery fee for residents in those areas having the highest stray populations. Residents are eligible for the fee waiver only if they present proof of residence within the designated area. The commission shall annually promulgate rules setting forth the areas with the highest stray populations.

In addition, the commission may establish, impose and collect a reasonable boarding fee upon an applicant who fails to pick up the animal at the time specified by clinic personnel.

(Added Coun. J. 11-4-98, p. 80930; Amend Coun. J. 12-4-02, p. 99026, § 4.1)

7-12-120 Fees.

The commission shall charge and collect the following fees and shall attach such additional requirements as are stated for release of animals from the animal control center:

(a) Redemption fee for:

(1) Licensed dogs and all other animals impounded as strays . . . $30.00

(2) Unlicensed dogs impounded as strays . . . 60.00

(3) Any animal impounded two times in a 12-month period . . . 90.00

(4) Any animal impounded three times in a 12-month period . . . 120.00
In addition to the imposition of the foregoing fee, the executive director shall recommend that the owner of any animal impounded three times in a 12-month period attend an animal care education program.

(5) Any animal impounded four or more times in a 12-month period . . . 150.00
In addition to the imposition of the foregoing fee, the owner of any animal impounded four or more times in a 12-month period shall be subject to the hearing requirement of this section.

(b) Housing fee per animal, per day . . . 8.00

(1) Dogs and cats . . . 65.00

Or higher bid price if auctioned

(2) All other animals . . . 5.00--30.00

Or higher bid price if auctioned

(d) Euthanasia fee-owner's request . . . 10.00

In addition to the redemption and housing fees, all mandatory licensing fees shall be paid at the time of the redemption of the animal.

The commission shall promulgate regulations establishing the adoption fees for animals, other than dogs and cats, pursuant to the requirements of subsection (c)(2) of this section.

The owner of an animal impounded four or more times in a 12-month period shall not be entitled to obtain return of the animal until a hearing is held by the city and the hearing officer concludes that the owner can exercise responsible ownership and control of the animal. If the owner requests a hearing, the executive director, if the department of administrative hearings has not exercised jurisdiction in accordance with Section 2-14-190(c) of this Code, or the department of administrative hearings, if the office has exercised jurisdiction in accordance with Section 2-14-190(c) of this Code, shall appoint an administrative law officer who shall hold a hearing, at which all interested parties may present testimony and any other relevant evidence, within 15 days of the request. The hearing shall be taped or recorded by other appropriate means. If the administrative law officer concludes that the owner is entitled to return of the animal, the animal shall be returned to the owner upon payment of all applicable fees. If the administrative law officer concludes that the owner is not entitled to return of the animal, the animal shall become the property of the commission.

(Prior code § 98-7.1; Amend Coun. J. 11-30-88, p. 19542; Amend Coun. J. 11-10-94, p. 59125; Amend Coun. J. 12-4-02, p. 99026, § 4.1; Amend Coun. J. 7-26-06, p. 81855, § 1)

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 requirements or any other provision of this chapter.

(Prior code § 98-7.2; Amend Coun. J. 12-4-02, p. 99026, § 4.1)

7-12-140 License required.

(a) Each owner, as defined in this chapter, of each dog four months of age or older shall pay a city license fee for the privilege of owning such dog, unless such dog shall be temporarily within the possession of a veterinary hospital, pet shop, kennel, or humane society. Dogs which are the property of any subdivision of local, state or federal government shall be issued complimentary licenses. Any dog properly trained to guide or otherwise assist a blind person shall be issued a complimentary license upon the presentation of proof of vaccination.

(b) Upon determining that an owner subject to the license requirement of subsection (a) of this section has failed to obtain such license, the city clerk shall issue a notice of violation to the owner. If, within 30 days from the date such notice is deposited in the mail, the owner has not come into compliance with subsection (a), the city clerk shall issue a second notice of violation to the owner. The notice required by this subsection shall be sent by first class mail addressed to the owner at the most recent address shown on county rabies vaccination records.

(c) The penalty for failure to obtain the license required by this section shall be no less than $30.00 and no greater than $200.00 for each offense.

(d) The provisions of Article I of Chapter 2-14 of the code shall apply to subsections (b) and (c) of this section.

(Prior code § 98-8; Amend Coun. J. 12-12-01, p. 75777, § 4.2)

7-12-150 License application forms.

The executive director shall prepare, or cause to have prepared, license application forms that shall afford complete information as to the name, residence, and telephone, if any, of each applicant, along with full information regarding the animal to be licensed.

The commission shall keep on 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 recipients. 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.

Application for such license shall be made to the director of revenue. Before a license is issued, a certificate of inoculation against rabies for each dog, issued by the county rabies control officer, or by his deputy, or by a licensed veterinarian, shall be submitted to the director of revenue for examination. No license shall be issued for any dog unless such inoculation certificate bears a date within three years prior to the date of application for license or such other interval as approved by the Department of Agriculture of the State of Illinois. Such certificate shall be returned to the applicant after the current dog license number has been stamped thereon. When applying for a dog license by mail, the certificate of inoculation shall accompany the application. Said certificate shall be returned at the time the license tag is mailed to the applicant.

(Prior code § 98-8.2)

7-12-170 License fees.

The license fee shall be payable annually, shall be due on the date a dog is acquired or attains four months of age, and shall expire one year from the date of issuance. The license fee shall be as follows:

Male or female, not sterilized – $50.00;

Male or female, sterilized – $5.00;

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, not sterilized – $5.00;

Male or female, sterilized – $2.50.

(Prior code § 98-8.3; Amend Coun. J. 12-12-01, p. 75777, § 4.3; Amend Coun. J. 7-26-06, p. 81829, § 3)

7-12-180 Exemptions from license fees.

(a) Section 7-12-140 shall not apply to dogs 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 dog for 15 consecutive days within the city shall be considered a resident owner and shall comply with the licensing requirement.

(b) Section 7-12-140 shall not apply to any person licensed as an animal exhibition under Chapter 4-384.

(Prior code § 98-8.4; Amend Coun. J. 7-26-06, p. 81829, § 3)

7-12-190 Citations.

The commission, through its animal control officers, is authorized to issue citations against the owner of any animal for violations of this chapter.

(Prior code § 98-8.5; Amend Coun. J. 10-2-95, p. 8604)

7-12-200 Rabies vaccination required.

Each owner of any dog, cat or ferret four months of age or older shall have the animal vaccinated against rabies by a licensed veterinarian of the owner's choice. Evidence of vaccination shall consist of a certificate signed by the veterinarian. Type and brand of vaccine used shall be as approved by the Department of Agriculture of the State of Illinois. Vaccination shall be required every three years or at such other interval as required by the Department of Agriculture of the State of Illinois.

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; Amend Coun. J. 12-12-01, p. 75777, § 4.4; Amend Coun. J. 12-4-02, p. 99026, § 4.1)

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

Each owner of a horse shall pay a license fee for the privilege of keeping, stabling, or otherwise maintaining the horse within the city; provided however, that any horse that is intended to be used for the purpose of drawing a carriage licensed under Chapter 9-108 of the municipal code shall be licensed under Section 7-12-220.

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 horse is acquired, and shall expire on the thirtieth day of April.

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

This licensing requirement shall not apply to horses 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 horse for 15 consecutive days within the city shall be considered a resident owner and shall comply with all licensing requirements. A horse which is the property of any subdivision of local, state or federal government shall be issued a complimentary license.

(Prior code § 98-9; Amend Coun. J. 12-4-02, p. 99026, § 4.1)

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

The owner of any horse used or intended to be used for the purpose of drawing a carriage licensed under Chapter 9-108 of the Municipal Code shall pay a license fee to the city for such privilege.

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 $75.00. 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; Amended during Supplement No. 2, 4-91; Amend Coun. J. 12-4-02, p. 99026, § 4.1)

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

Each horse licensed under Section 7-12-220 shall have an identification number tattooed as evidence of compliance with Sections 7-12-220 through 7-12-260 of this chapter. The executive director shall have the authority to issue an identification number for each horse to be licensed and shall keep a record of identification numbers so issued. The executive director shall also promulgate rules governing the type and placement of each tattoo and the method in which horses shall be tattooed.

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.

The executive director or any animal control officer has the power to demand proof of the issuance of a license under Section 7-12-220 at any time that said horse is being used to draw a carriage licensed under Chapter 9-78 of the municipal code any place within the city, except that no such horse license shall be required of a person who has obtained a permit under Section 10-8-330 or 10-8-340 of the municipal code while operating under such permit.

(Prior code § 98-9.3; Added Coun. J. 10-16-84, p. 10165)

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

Each licensee under Section 7-12-220 and the licensee's agents shall at all times allow complete access to any horse licensed hereunder for the purposes of inspection.

(Prior code § 98-9.4; Added Coun. J. 10-16-84, p. 10165)

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

No horse licensed under Section 7-12-220 may be used to draw a carriage licensed under Chapter 9-108 of the municipal code unless the following requirements are met:

(a) 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.

(b) 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.

(d) 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.

(e) No horse may be worked more than six hours in any 24-hour period.

(f) All harness and bits shall be used and maintained in accordance with the manufacturing design.

(g) Each horse must be given water and rest for not less than a 15-minute period during each working hour.

(h) 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.

(i) No horse may be worked with equipment causing an impairment of vision, other than normal blinders.

(j) No whip shall be used unless its design is first approved by the executive director, nor may the driver of a carriage apply a whip to a horse other than by a light touch.

(k) No stallion may draw a carriage without the prior written permission of the executive director.

(l) No horse drawing a carriage shall be worked at a speed faster than a slow trot.

(m) 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; Added Coun. J. 10-16-84, p. 10165; Amend 7-24-91, p. 4000)

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

In addition to any of the remedies authorized in this chapter, any person who violates any of the provisions contained in Sections 7-12-220 through 7-12-260 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 § 98-9.6; Added Coun. J. 10-16-84, p. 10165)

7-12-280 Stables to be kept clean.

Every person in possession or control of any stable or place where any cows, horses, or other animals are kept, shall maintain it at all times in a clean and wholesome condition. Additionally, no person shall maintain any stable or barn for the housing or keeping of horses or other animals during the period of each year from April 15th to November 15th unless said barn or stable is so constructed or equipped with suitable screens as to prevent the ingress or egress of flies.

(Prior code § 98-10)

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

No person shall do any of the following:

(A) Overload, overdrive, overwork, beat, torture, torment, bait, mutilate or cruelly kill any animal, or cause or knowingly allow the same to be done;

(B) 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;

(D) Carry, keep, drive, or cause to be carried, driven or kept, any animal in a cruel manner;

(E) 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;

(F) 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;

(G) Abandon any animal on any public way or in any place where it may suffer or become a public charge;

(H) Stake out unattended, or leave unrestrained outside and unattended any female dog in season.

Any person who shall violate any provision of subsection (A) shall be fined not less than $300.00 nor more than $1,000.00 for each offense; any person who shall violate any other provision of this section shall be fined not less than $100.00 nor more than $500.00 for each offense.

(Prior code § 98-11; Amend Coun. J. 12-4-02, p. 99026, § 4.1)

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

No person shall own, keep or otherwise possess, or slaughter any sheep, goat, pig, cow or the young of such species, poultry, rabbit, dog, cat, or any other animal, intending to use such animal for food purposes.

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 nonbusiness 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.

Any animal which is on any public way or within any public place and which is severely injured or diseased, and for which care is not being provided on the scene or any severely injured or diseased animal that has strayed onto private premises, shall be removed, if possible, to the care of an animal control center, to the nearest humane society, or to the nearest veterinarian or veterinary hospital willing to accept them. If immediate removal shall not be possible, such animal may be destroyed by the most humane method available on the scene, unless the owner shall come forward beforehand and assume responsibility for removal and care.

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.

Any horse licensed under Section 7-12-220 for the purposes of drawing a carriage licensed under Chapter 9-78 of the municipal code which must be removed from a public way for any reason shall be under the custody and control of the commission on animal care and control except that if no animal control officer is available then any Chicago police officer is authorized to remove said horse from public way.

(Prior code § 98-12.1; Added Coun. J. 10-16-84, p. 10165)

7-12-330 Burial of dead animals.

No person shall leave in or throw into any public way, public place or public theater, or offensively expose or bury within the city, the body or any part thereof of any dead or fatally sick or injured animal; nor shall any person keep any dead animal in a place where it may be dangerous to the life or detrimental to the health of any other animal or person; provided, however, that the owner of any dead pet weighing not more than 150 pounds may bury such animal on his premises; provided, further, that not more than one such animal shall be buried upon any half acre ground within two years, and such animal shall be placed at least three feet below the surface of the soil surrounding and adjacent to the grave.

(Prior code § 98-13)

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

Every person having within his possession or control or upon any premises owned or occupied by him or her any dead animal which that person cannot, or does not intend to, bury or have buried or otherwise lawfully disposed of shall immediately give notice to the commission and the commission shall cause such animal to be removed and disposed of consistent with sound environmental standards.

(Prior code § 98-14)

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

No person shall bring or cause to have brought into the city, sell, offer for sale, barter or display living baby chicks, ducklings, goslings, or other fowl or rabbits which have been dyed, colored or otherwise treated so as to impart to them an artificial color.

It shall be unlawful for any person to display, sell, offer for sale, barter or give away any chicks, ducklings, or goslings as pets, unless the purchaser shall have proper brooder facilities. It shall be unlawful for any person to give away such animals as novelties or prizes. Except that nothing in this section shall be construed to prohibit legitimate commerce in poultry for agricultural and food purposes.

(Prior code § 98-15)

7-12-360 Wild or nondomesticated animals.

Each person who shall possess, keep or maintain any wild, or nondomesticated animal, including any wild animal native to the State of Illinois, shall upon demand by the executive director or his authorized representative, furnish proof of compliance with such restrictions and/or permit requirements as may be imposed by statutes of the State of Illinois and/or federal law. The executive director or his authorized representative shall be empowered to demand surrender of any animal possessed, kept or maintained in the absence of proof of such compliance or in violation of the city ordinance relative to zoning regulation and to make whatever disposition of it as may be prescribed under policies approved by the commission.

It shall be a violation of this ordinance for any person to refuse to surrender any animal kept in noncompliance.

(Prior code § 98-16)

7-12-370 Animal fights and contests prohibited.

No person shall promote, stage, hold, manage, conduct, or carry on any animal fight, or train any animal for the purpose of an animal fight or any other type of contest, game or fight of a similar nature, nor any simulated version of same that involves baiting or inciting an animal to fight.

Any person who violates any of the provisions of this section shall upon conviction thereof be punished by a fine of not less than $300.00 nor more than $1,000.00 for the first offense or 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 1-2-1.1 of the Illinois Municipal Code as amended, or by both fine and imprisonment.

(Prior code § 98-17; Amend Coun. J. 7-31-90, p. 19875; Amend Coun. J. 12-4-02, p. 99026, § 4.1)

7-12-375 Animal care--License required.

No person shall engage in the business of a cattery, kennel, pet shop, humane society, veterinary hospital or animal exhibition, without having first obtained a license in accordance with Chapter 4-384 of this Code.

(Amend Coun. J. 4-16-97, p. 42589)

7-12-380 Snakehead fish.

(a) It shall be unlawful for any person to import, sell, transport, carry, own, keep or otherwise possess any snakehead fish within the city. The provisions of this subsection shall not apply to any person who imports, transports, carries, owns, keeps or otherwise possesses any snakehead fish for zoological, educational, medical or scientific purposes if the person has: (1) obtained all applicable licenses or permits; and (2) provided notification to the executive director.

(b) It shall be unlawful for any person to release any snakehead fish into any river, lake, pond, lagoon or other waterway within the city.

(c) Any person who violates any provision of this section shall be fined not less than $100.00 nor more than $1,000.00 or may be incarcerated for a period not to exceed six months, or both. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 10-2-02, p. 94895, § 1)

7-12-385 Restrictions on live Asian Carp.

(a) For purposes of this section only the following definitions apply:

"Regulated fish species" means any live grass carp/white amur (Ctenopharyngodon idella), bighead carp (Hypophthalmichthys nobilis), silver carp (Hypophthalmichthys molitrix), or black carp (mylopharyngodon piceus).

"Retail," "retail food establishment" and "wholesale food establishment" shall have the meaning ascribed to them in Section 4-8-010 of this Code.

(b) It shall be unlawful for any person to import, sell, transport, carry, own, keep or otherwise possess any live regulated fish species within the city. The provisions of this subsection shall not apply to the following:

(1) Any person who imports, transports, carries, owns, keeps or otherwise possesses any regulated fish species for zoological, educational, medical or scientific purposes if the person has obtained all applicable licenses or permits and provided notification to the executive director;

(2) Any wholesale food establishment that imports, transports, carries, owns, keeps or otherwise possesses any live regulated fish species for the sale or transfer of the fish to any retail food establishment; provided that the wholesale food establishment has obtained all applicable licenses and permits; or

(3) Any retail food establishment that owns, keeps or otherwise possesses any regulated fish species for the retail sale or transfer of the fish to a consumer; provided that the retail food establishment purchased the regulated fish species from a wholesale food establishment in compliance with subsection (b)(2) of this section, and kills the regulated fish species before the fish is sold or provided to the consumer.

(c) It shall be unlawful for any person to release any live regulated fish species into any river, lake, pond, lagoon or other waterway within the city.

(d) Violation of any portion of this section shall constitute a public nuisance. In addition to any fine or penalty, an amount equal to three times the cost or expense incurred by the city in abating a nuisance may be recovered in an appropriate action instituted by the corporation counsel. Nothing in this section shall be construed to prevent the City of Chicago from acting without notice to abate a nuisance in an emergency where the nuisance poses an immediate threat to public health or safety, nor shall this section be construed to deny common law right to anyone to abate a nuisance.

(e) Any person who violates any provision of this section shall be fined not less than $100.00 nor more than $1,000.00 or may be incarcerated for a period not to exceed six months, or both. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 4-9-03, p. 106440, § 1)

7-12-387 Restrictions on pigeons.

(a) For purposes of this section only the following definition applies:

"Pigeon" means any live bird of the Family Columbidae.

(b) It shall be unlawful for any person to import, sell, own, keep or otherwise possess any live pigeon within any area designated as a residence district under the Chicago Zoning Ordinance. Nothing in this subsection prohibits any person from transporting a live pigeon through a residential district, if the pigeon is caged during transport and not released in a residential district.

(c) It shall be unlawful for any person to construct or maintain any coop or cote that is, or may be used for the storage, maintenance or sheltering of any live pigeon within any area designated as a residence district under the Chicago Zoning Ordinance.

(d) The provisions of subsections (b) and (c) of this section shall not apply to the keeping of pigeons as part of an exhibit at either Lincoln Park Zoo or the zoo at Indian Boundary Park.

(e) Violation of any portion of this section shall constitute a public nuisance, which may be abated pursuant to the procedures described in section 7-28-010. In addition to any fine or penalty, an amount equal to three times the cost or expense incurred by the city in abating a nuisance may be recovered in an appropriate action instituted by the corporation counsel.

(f) Any person who violates any provision of this section shall be fined not less than $100.00 nor more than $1,000.00 or may be incarcerated for a period not to exceed six months, or both. Each day that a violation continues shall constitute a separate and distinct offense.

(g) [Reserved.]

(Added Coun. J. 9-4-03, p. 6975, § 1; Amend Coun. J. 5-5-04, p. 22691, § 1; Amend Coun. J. 5-26-04, p. 24838, § 1; Amend Coun. J. 11-3-04, p. 35125, § 1)

7-12-390 Reserved.

Editor's note: Amend Coun. J. 4-16-97, p. 42591 § 3 amended and redesignated former § 7-12-390 as § 4-5-010(4a). See the Code Comparative Table.

7-12-395 Enforcement.

The executive director, or the executive director's designee, and the department of police are authorized to take action necessary for the effective enforcement of this chapter, including the issuance of citations.

(Added Coun. J. 7-26-06, p. 81829, § 3)

7-12-400 Rules and regulations and inspections.

The commission shall have the authority to establish and enforce rules and regulations relating to any matter pertaining to the administration, implementation and enforcement of the provisions of this chapter.

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; Amend Coun. J. 7-26-06, p. 81829, § 3)

7-12-410 Revocation of license.

Any permit or license issued in accordance with this ordinance may be revoked or suspended by the executive director at the direction of the commission for any violation of this ordinance or other law applicable to animal care or ownership. The commission shall issue a directive to suspend or revoke such a permit or license only after the service upon the licensee or permit holder of written charges specifying the violation or offense for which the suspension or revocation will be sought, a hearing before the commission or one of its members at which time the licensee or permit holder may appear, with counsel if he chooses, and examine the evidence and witnesses presented against him and at which time he may present witnesses or evidence in his own behalf. A written statement setting forth the findings of the commission shall be served upon the licensee or permit holder.

(Prior code § 98-18.3)

7-12-420 Removal of excrement.

No person shall appear with a pet upon the public ways or within public places or upon the property of another, absent that person's consent, without some means for the removal of excrement; nor shall any person fail to remove any excrement deposited by such pet. This section shall not apply to a blind person while walking his or her guide dog.

Any person found to have been in violation of this section shall be fined not less than $50.00 nor more than $500.00 for each offense.

(Prior code § 98-19; Amend Coun. J. 5-14-97, p. 44297)

7-12-430 Violation--Penalty.

Any person who shall violate any of the provisions of this chapter for which no specific penalty is provided, shall be fined not less than $50.00 nor more than $200.00 for each offense.

(Prior code § 98-20; Amend Coun. J. 12-4-02, p. 99026, § 4.1)