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Town of Normal, Illinois. Committed to Service Excellence.

Chapter 17 - Misdemeanors
Division 4 - Animals

SEC. 17.4-1 CRUELTY. No person shall cruelly treat any animal in the Town in any way. Any person who inhumanely beats, underfeeds, overloads or abandons any animal shall be deemed guilty of a violation of this Division.

SEC. 17.4-2 DANGEROUS ANIMALS.

  1. Definition. A dangerous animal includes any of the following animals, including hybrids thereof: lion, tiger, leopard, elephant, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarundi, civet, serval, hyena, bear, wolf, or coyote, or any poisonous or life-threatening reptile. A life-threatening reptile is any member of the crocodilian family or any constricting snake six feet or over in length, such as a boa, python, and anaconda.
  2. It shall be unlawful for any person to keep any dangerous animal in the Town of Normal.
  3. It shall be unlawful to permit any dangerous animal or vicious animal of any kind to run at large within the Town. (Amended 2/5/96 by Ord. No. 4369)
  4. It shall be unlawful for any person to exhibit a dangerous animal without first receiving and displaying a license from the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture for warm-blooded animals on display, animals that perform in public, or animals used in educational presentations. Exhibitors must provide during public exhibition reasonable and sufficient distance or barriers between the animals and the public. When there is a possibility of animals coming in direct contact with the public, a knowledgeable and responsible attendant must be present, and there must be sufficient distance maintained, as well as physical and behavioral barriers. It shall be unlawful for any person exhibiting a dangerous animal to knowingly permit a member of the public to come in contact with a dangerous animal.

SEC. 17.4-3 NOISES. It shall be unlawful to harbor or keep any animal which disturbs the peace by loud noises at any time of the day or night.

SEC. 17.4-4 STRAYS. It shall be unlawful to permit any dog, cat, cattle, horse, swine, sheep, goats or poultry to run at large in the Town. Any such animal running at large in any public place in the Town shall be impounded in the manner provided in the following article. It shall further be unlawful to picket or tie any such animal in any of the streets of the Town for the purpose of grazing or feeding.

SEC. 17.4-5 KILLING DANGEROUS ANIMALS. The members of the Police Department or any other person authorized by the Town are hereby authorized to kill any dangerous animals of any kind when it is necessary for the protection of any person or property.

SEC. 17.4-6 DISEASED ANIMALS. No domestic animal afflicted with any contagious disease or infectious disease shall be allowed to run at large, or to be exposed in any public place whereby the health of man or beast may be affected; nor shall such diseased animal be shipped or removed from the premises of the owner thereof, except as provided by State law. (Amended 2/5/96 by Ord. No. 4369)

SEC. 17.4-7 HOUSING. No person shall cause or allow any stable or place where an animal is or may be kept to become unclean or unwholesome and it shall be unlawful to keep, propagate or culture any live swine or pigs, pigeons, poultry or any form of livestock, other than riding horses, in the Town. (Amended 2/5/96 by Ord. No. 4369)

SEC. 17.4-8 PARKS. It shall be unlawful for any person to ride, walk, lead, or allow any horse or pony within the confines of any recreation park of the Town of Normal, including but not limiting thereto, Constitution Trail.

SEC. 17.4-9 DISRUPTION OF GARBAGE. It shall be unlawful for any animal to tear up, break into, or disrupt any container which holds garbage, trash, or debris. The owner of every animal shall be responsible for the behavior of his/her animal under the provisions of this ordinance.

SEC. 17.4-10 RABIES, INOCULATION, AND TAG.

  1. Inoculation Against Rabies. It shall be the duty of every owner who keeps, harbors, or otherwise maintains a dog or cat more than four months of age in the Town to have the same inoculated against rabies by a licensed veterinarian. Dogs must have a valid rabies certificate according to the laws of the State of Illinois. For dogs, the type and brand of the anti-rabic vaccine used and the method of inoculation shall be in accordance with and evidenced by a rabies tag specified by the applicable laws of the State of Illinois. Any dog or cat which is not inoculated against rabies as required herein is hereby declared to be a public nuisance, and such dog or cat may be apprehended and impounded. All dogs must be registered with McLean County Animal Control and must display such registration on the dog by means of the rabies tag. It shall be unlawful for any person to keep any dog more than four months of age in the Town of Normal for more than thirty days which is not registered with McLean County. Any dog found in the Town of Normal which is not registered or does not display said registration tags may be immediately impounded by a police officer or animal control warden. Such animal may be released to the owner upon proof of rabies vaccination (or deposit for such vaccine), registration, and payment of all applicable fees.
  2. Collar and Tag. Every owner shall provide each dog more than four months of age kept, harbored, or otherwise maintained by him in the Town with a sturdy collar to which the aforesaid rabies tag shall be securely fastened, and it shall be the owner's duty to make certain that the collar and tag are worn at all times by the dog when off the owner's premises.
  3. Unauthorized Removal of Tag. It shall be unlawful for any person, other than a police official, animal warden, or other person charged with the enforcement of this Division, to remove a rabies tag from any dog without the owner's or his agent's consent.

SEC. 17.4-11 RUNNING AT LARGE.

  1. Running At Large means off the premises of the owner and not under physical restraint by means of a leash, cord, or chain, or confined by means of a secure enclosure. It shall be unlawful to permit to run at large any dog or cat on the streets, parks, or public ways of the Town, or on private property where the owner or person in control of the private property has not granted permission for the dog or cat to be on the private property. If any dog or cat shall be found running at large upon public property or upon the private premises of any person other than the owner or keeper of such dog or cat, the owner or keeper of such dog or cat shall be deemed guilty of violation of this Section. The provisions of this Section shall not apply to dogs leading blind persons, or to dogs or cats exhibited at dog, cat, or pet shows or dog training schools, or dogs belonging to a law enforcement agency being used for law enforcement purposes. A violation of this section shall be considered an absolute liability offense. (Amended by Ord. No. 4164 by 9/7/93)
  2. Impoundment. Any dog or cat which runs at large is hereby declared to be a public nuisance and such dog or cat may be apprehended and impounded if found running at large by any police officer, animal warden, or other person authorized by the Town.

SEC. 17.4-12 DANGEROUS DOGS.

  1. Definitions:
    1. “Dangerous dog” means
      1. any dog which, when unmuzzled, in an aggressive or terrorizing manner approaches any person in an apparent attitude of attack on any street, sidewalk or public property or private property other than the property of the owner of the dog; or
      2. any dog which bites a person or other animal whether on public or private property but does not cause injury; or
      3. any dog which has been declared a “dangerous dog” by any other jurisdiction.
    2. “Vicious dog” means
      1. any dog that bites or attacks a human being or other animal on public or private property causing injury to a person or other animal; or
      2. any dog that has been found to be a “dangerous dog” on three separate occasions in this or other jurisdictions; or
      3. any dog that has been found to be a “vicious dog” by any other jurisdiction.
    3. “Dog subject to euthanasia” means
      1. any dog which has killed any person, dog, or cat; or
      2. any dog which has rabies; or
      3. any dog previously declared a “vicious dog” and bites a person or animal causing injury to that person or animal;
      4. any dog previously declared a “vicious dog” and, when unmuzzled, in an aggressive or terrorizing manner approaches any person in an apparent attitude of attack on any street, sidewalk or public property or private property other than the property of the owner of the dog; or
      5. any dog previously declared a “vicious dog” and was subsequently “running-at-large”; or
      6. any dog previously declared a “vicious dog” which is not kept in the manner required of keepers of “vicious dogs.”
    4. “Injury” means any wound requiring medical or veterinary treatment.
    5. Exceptions.
      1. No dog shall be declared “dangerous,” “vicious,” or “subject to euthanasia” if it is a trained law enforcement dog performing in the line of duty for a law enforcement agency.
      2. No dog shall be deemed “vicious” if it bites a trespasser on the property of its owner or bites anyone who has tormented or abused it.
      3. Notwithstanding the foregoing provisions, dogs may be euthanized at the request of the owner, for humane treatment purposes, or if unclaimed at an animal shelter or veterinary clinic.
  2. Procedures for declaring a dog “dangerous,” “vicious,” or “subject to euthanasia”:
    1. Any person may file a complaint in writing with the Police Department seeking to have a dog declared “dangerous,” “vicious,” or “subject to euthanasia.” The Police Chief or his designee shall review the report, and if he finds that the criteria for declaring a dog “dangerous,” “vicious,” or “subject to euthanasia” have been met, shall declare the dog “dangerous,” “vicious,” or “subject to the euthanasia” and set a hearing on the declaration. The Police Chief shall immediately notify the owner of the dog of the declaration. Such notice shall include the basis for the declaration, the declaration, the restrictions placed on keeping the animal, notice of the hearing date, time and place, and the rights of the owner at the hearing.
    2. An owner of a dog declared “dangerous,” “vicious,” or “subject to euthanasia” has a right to present evidence at the hearing in front of the Police Chief or his designee and to question any persons presenting evidence in support of the declaration. The hearing must take place within seven days of the declaration of “vicious,” “dangerous,” or “subject to euthanasia” if the dog is impounded. If the dog is not impounded, the hearing shall be held in an expeditious manner, no later than thirty days from the declaration.
    3. At any hearing, the person bringing the complaint shall have the burden of proving the complaint by a preponderance of the evidence, except that any finding that a dog is subject to euthanasia shall be by clear and convincing evidence. The hearing shall be informal, and the strict rules of evidence shall not apply. Hearsay shall be permitted. An owner of a dog shall be permitted to ask questions of the witnesses and to bring evidence in opposition to the complaint.
    4. The Police Chief shall keep a record of the outcome of all hearings and the name, registration number, owner’s name and address of all dogs declared “dangerous,” “vicious,” or “subject to euthanasia.”
  3. Disposition and keeping of dogs declared “dangerous,” “vicious,” or “subject to euthanasia”:
    1. Dogs declared dangerous. Any dog declared dangerous shall be kept in a building or fenced enclosure from which the dog cannot escape at all times. At all other times, when outside and not in a fenced enclosure, a dangerous dog must be on a leash not exceeding six feet in length firmly attached to the dog and held by a person strong enough to restrain the dog at all times. When outdoors, the dog shall display a dangerous dog tag issued by McLean County Animal Control firmly affixed on the dog’s collar. It shall be unlawful to keep a dangerous dog in a manner other than as set forth in this subsection.
    2. Dogs declared vicious. Any dog declared vicious shall be kept in a building or fenced enclosure from which the dog cannot escape at all times. An owner or keeper of a vicious dog must have a secure fenced enclosure in which to exercise the dog. The dog shall be muzzled at all times when outside a building, including when inside a fenced enclosure. When in a secure fenced enclosure, the vicious dog must be in constant supervision by a person. To be “muzzled” means to have a device securely fastened over the mouth of the dog such that it cannot bite any person or other animal. A vicious dog shall not be permitted outside except in a secure fenced enclosure and except for the limited purpose of obtaining veterinary care or to respond to an order of a court. When outside not in a secure, fenced enclosure, the vicious dog must be muzzled and on a leash not exceeding six feet in length firmly attached to the dog and held by a person strong enough to restrain the dog at all times. When outside, whether in an enclosure or not, the vicious dog must display a vicious dog tag issued by McLean County Animal Control firmly affixed to its collar at all times. When inside a building, a vicious dog must be kept inside the dwelling unit of the keeper of the dog, and is not allowed in any common areas of the building. All vicious dogs must be spayed or neutered within 14 days of the declaration that they are vicious. It shall be unlawful to keep a vicious dog in a manner other than as set forth in this subsection.
    3. Dogs subject to euthanasia. It shall be the duty of the owner of any dog declared “subject to euthanasia” by the Police Chief or his designee to immediately take the dog to an impound facility or veterinarian who shall hold such animal for euthanasia pending the hearing before the Police Chief or his designee. The animal shall be euthanized in a humane manner no sooner than two days after the hearing on the determination of the Police Chief that the dog is subject to euthanasia, unless the owner consents to an earlier time. It shall be unlawful for an owner to remove a dog declared subject to euthanasia from the jurisdiction or to refuse to have the dog euthanized immediately. In the event that an owner does not deliver a dog subject to euthanasia to an impound facility or veterinarian, the Town may seek a warrant from the Circuit Court of McLean County for the immediate seizure of the dog.
  4. Duty to report “dangerous” or “vicious” dogs.
    1. Any person keeping a dog which has been declared “dangerous” or “vicious” in another jurisdiction shall report that fact to the Police Chief within three days of bringing the dog into the Town of Normal. All dogs declared “dangerous” or “vicious” in another jurisdiction shall be kept in a manner as if declared “dangerous” or “vicious” in the Town of Normal. It shall be unlawful to fail to report a “dangerous” or “vicious” dog within three days of bringing the dog into the Town of Normal.
  5. No transfer of “vicious dog,” “dangerous dog,” or “dog subject to euthanasia.”
    1. No owner or keeper of a “vicious dog,” “dangerous dog,” or “dog subject to euthanasia” shall sell or give away such a dog except to allow the dog to be euthanized. An owner or keeper of a “vicious dog” or “dangerous dog” must report any relocation of the animal, whether in the Town of Normal or outside the Town of Normal to the Normal Police Department.

SEC. 17.4-13 ANIMAL BITES. It shall be the duty of the owner of any animal to prevent such animal from biting or attacking any person in the Town, and, if a person is bitten by an animal, he shall report the incident to the Police Department immediately.

Any animal which may bite or attack any person in the Town is hereby declared to be a public nuisance and such animal may be apprehended by a police officer, animal warden or other person charged with the enforcement of this Division.

If any owner has notice that his animal has bitten any person, it shall be unlawful for such owner to kill such animal, or sell or give such animal away, or to permit or allow such animal to be taken beyond the limits of the Town except to a licensed veterinary hospital or impound facility, but it shall be the duty of such owner to immediately report the incident to the Police Department, or other person charged with enforcement of this Division, and to immediately place such animal in a licensed veterinary hospital where such animal may be quarantined for a period of at least ten days upon the request of any police officer, animal warden or other person charged with the enforcement of this Division. The owner shall immediately furnish the Police Department, or other person charged with enforcement of this Division with the name and location of said hospital and a certificate of a licensed veterinarian stating whether or not such animal shows symptoms of rabies. At the expiration of the quarantine period, and prior to the release of such animal, the owner shall furnish the Police Department or other person charged with enforcement of this Division with a certificate of a licensed veterinarian stating that such animal does not have rabies. All costs of maintaining animal in the veterinary hospital or impound facility shall be the obligation and responsibility of the owner and shall be paid by said owner.

In all cases where any animal has bitten a person and is slain or dies within ten days from the time of the bite, it shall be the duty of the person slaying such animal and the owner of such animal to notify the Police Department or other person charged with enforcement of this Division and to immediately deliver the carcass of such animal intact to such Department, or cause the same to be done.

SEC. 17.4-14 DISTURBING QUIET AND DAMAGING PROPERTY. It shall be unlawful for an owner to keep, harbor or otherwise maintain a dog in the Town which shall disturb the quiet of any person or neighborhood, or which shall attack any person, or which shall cause danger or fear to any person or neighborhood.

SEC. 17.4-15 SANITATION. It shall be unlawful for the owner or person in control of any dog to permit such animal to deposit dung on any public street, alley, parkway or other public place or on any private property without the consent of the owner of the property. It shall be an affirmative defense that the dung was immediately picked up and properly disposed of. It shall be unlawful for the owner of any premises to permit dung to accumulate on property such that it causes noxious odors or flies to accumulate. (Amended 2/5/96 by Ord. No. 4369)

SEC. 17.4-16 FEMALE DOG IN HEAT. The owner of a female dog in heat shall not keep, harbor or otherwise maintain such dog in the Town unless the same is confined in a kennel or veterinary hospital or in an enclosed building on the owner’s property during the entire period such dog is in heat. Any female dog in heat which is not confined is hereby declared to be a public nuisance and may be apprehended and impounded upon the order of the Chief of Police.

SEC. 17.4-17 RABIES. Any dog, cat, or other animal suffering from rabies is hereby declared to be a public nuisance and such dog, cat, or other animal may be slain by any police officer, animal warden or such other person charged with the enforcement of this Division, if the same cannot be safely apprehended and impounded. It shall be the duty of any person keeping, harboring or otherwise maintaining any such dog, cat, or other animal to place it immediately in a veterinary hospital, or upon demand, to surrender such dog, cat, or other animal to any police officer, animal warden or other person charged with the enforcement of this Division.

It shall be the duty of every person who discovers that any dog, cat or other animal is suffering with rabies or that any dog, cat, or other animal has been bitten by a dog, cat, or other animal suffering with rabies to report such fact immediately to the Police Department. Such report shall give the name, if known, and the place of residence of the person keeping, harboring or otherwise maintaining any such dog or other animal, the place where the same can be found, and the license number of any dog, if known. Any such dog or other animal shall be immediately confined in a veterinary hospital, or taken up and impounded and securely kept until it can be determined whether any such dog, cat, or other animal is suffering with rabies. (Amended 2/5/96 by Ord. No. 4369)

SEC. 17.4-18 UNLAWFUL TREATMENT OF ANIMALS. It shall be unlawful for any person to maliciously shoot, poison, kill, injure, abuse or ill-treat any animal. Any person who kills or injures a dog or cat while driving a vehicle shall stop at the scene of the accident and render such assistance as practicable and shall immediately report the incident to the Police Department.

SEC. 17.4-19 HINDERING ENFORCEMENT. It shall be unlawful to hinder or molest any police officer, animal warden or person or corporation engaged in the enforcement of this Division. (Amended 2/5/96 by Ord. No. 4369)

SEC. 17.4-20 EXCEPTIONS. The provisions of this article shall not apply to dogs or cats receiving treatment or temporary care in a veterinary hospital, boarding kennels or pet shops.

SEC. 17.4-21 ENFORCEMENT. The Chief of Police and such other persons as may be designated by him are hereby authorized and directed to enforce this Division. The Town Council may, from time to time, and upon such terms and conditions as it deems proper, contract with any qualified person or corporation, and may, pursuant to said contract, provide said person or corporation with the power to enforce the provisions of this ordinance. In the absence of the appointment by the Town Council of any other person or company as poundmaster, the Chief of Police shall be the poundmaster, the other members of the Police Department shall assist him under this direction in carrying out the provisions of this Division.

SEC. 17.4-22 APPOINTMENT OF ANIMAL WARDEN. The Town Council may, from time to time, and upon such terms and conditions as it deems proper, contract with any qualified person or corporation, and may, pursuant to said contract, appoint such person, firm or corporation, animal warden and he shall be ex-officio poundmaster of and for the Town.

SEC. 17.4-23 PENALTY. Any person convicted of any violation of the provisions of this Division where to other penalty is provided, shall be fined not less than $25.00 nor more than $500.00. Each day that any such violation or failure continues shall be considered as a separate and distinct offense and shall be punishable as such. (Amended 6/2/75)

SEC. 17. 4-24 TRAPPING STRAY OR WILD ANIMALS.

  1. No person shall set a trap with the intention of capturing a cat or dog in the Town of Normal except under the following circumstances:
    1. The City manager or his designee has determined that a nuisance situation exists, and;
    2. The City Manager or his designee has authorized the trap; and
    3. Notice has been sent either in writing at least five days in advance of the placement of the trap to the property owners abutting the property upon which the trap is to be placed, or a sign is placed in front of the property where the trap is to be placed five days in advance of the placement indicating that a trap will be set.
  2. The foregoing shall not apply in the following situations:
    1. To authorized persons attempting to catch suspected rabid, dangerous or vicious animals, or animals which may be injured and in need of veterinary treatment.
    2. To authorized not-for-profit associations engaging in trap-neuter-release programs in situations where those programs to not create or further a nuisance in the Town of Normal.
    3. In emergency situations where the trapping of cats or dogs is needed to protect the health and safety of the public or its pets as determined by the City Manager or his designee.
  3. No person shall disturb any trap or release any animal from any trap placed pursuant to this Section.

SEC. 17.4-25 IMPOUNDMENT PRACTICES.

  1. Record of Impoundment. Immediately after receiving an animal for impounding, the animal warden, or his designee, shall record a description of the animal impounded, the date of the impoundment and whether such animal has a proper rabies tag.
  2. Search for Record Owner. The Animal Warden shall upon receiving an animal for impoundment inspect the animal for a rabies tag, microchip, or other tag indicating the owner of the animal.
  3. Notice of Impoundment. The Animal Warden shall send written notice to a known owner within two business days of receiving an animal for impoundment informing the known owner of any animal being held by the animal warden.
  4. Fees. The owner of any impounded dog may redeem the animal by paying a Town of Normal release fee of $25.00, and all fees required by the impoundment facility. The owner of any impounded cat or other animal except a dog may redeem the cat or other animal by paying all fees required by the impoundment facility.
  5.  Required Inoculations. No dog or cat shall be released from impoundment until proof of all required rabies inoculations has been presented or by paying for and signing an agreement to have the animal inoculated against rabies.
  6.  Post-impoundment Hearing. An owner of any animal impounded pursuant to this ordinance may request a hearing before the City Manager, or his designee, regarding the authority of the impoundment facility to impound the animal. The hearing shall take place within five business days of the request for hearing. The City Manager, or his designee, may order the animal released from impoundment, with or without payment of any fees, or held in compliance with this ordinance. At any hearing pursuant to this Section, the City Manager of his designee may consider hearsay evidence, including, but not limited to, reports of animal control officers. Upon request for a hearing, the City Manager or his designee shall immediately give notice to the Animal Warden. No animal may be disposed of until seven (7) days after the decision of the City Manager or his designee.
  7.  Disposition of Unredeemed Animals. Animals not redeemed by the owner or any other person are hereby declared a public nuisance. Animals for which the impoundment facility has determined an owner may be disposed of in accordance with the provisions of State law seven (7) business days after notice has been sent to the owner. Animals for which the impoundment facility has not been able to determine an owner may be disposed of in accordance with State law three (3) business days after the animal was received by the impoundment facility. The Animal Warden shall make reasonable efforts to find adoptive homes for unredeemed animals prior to disposing of the animals. No dog deemed “dangerous” or “vicious” or “subject to euthanasia” shall be adopted out of the impoundment facility.
  8.  Reclamation of an Impounded Dangerous or Vicious Dog. Any dog that is declared “dangerous” or “vicious” may be reclaimed from the impound facility upon the performance of the following:
    1. Signing an acknowledgement of ownership of the dog,
    2.  Providing a sufficient leash to remove the dog from the facility,
    3. For vicious dogs, providing a muzzle for the removal of the dog from the impound facility,
    4.  Payment of all fees required by the impoundment facility,
    5.  Purchasing and displaying a “dangerous” or “vicious” dog tag,
    6.  Proof of registration with McLean County Animal Control, and
    7.  For vicious dogs, signing an agreement that the dog will be spayed or neutered and microchipped within fourteen days of release.

SEC. 17.4-26 NUMBER OF ANIMALS. It shall be unlawful for any person to own, keep, harbor or possess more than two dogs or more than two cats or more than two of any species of animal in any one dwelling unit or the premises surrounding a dwelling unit. It shall be unlawful for the owner of any premises to permit any person to own, keep, harbor, or possess more than two dogs or more than two cats or more than two of any species of animal in any one dwelling unit or the premises surrounding a dwelling unit. The foregoing shall not apply to animals less than six (6) months of age.

(ENTIRE DIVISION 4 RE-CODIFIED BY ORDINANCE NO. 3325 - 7/16/84)(ENTIRE DIVISION 4 AMENDED 11/15/04 BY ORD. NO. 4981)
(ENTIRE DIVISION 4 AMENDED 2/4/08 BY ORD. NO. 5173)