ARTICLE B.  ANIMALSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=38939
5-4B-1: KEEPING OF ANIMALS RESTRICTED:
5-4B-2: NONDOMESTICATED ANIMALS:
5-4B-3: CRUELTY TO ANIMALS:
5-4B-4: DANGEROUS ANIMALS:
5-4B-5: NOISES BY ANIMALS:
5-4B-6: PENALTY:
5-4B-7: STANDARDS FOR KEEPING OF CHICKENS:
5-4B-8: REGISTRATION AND PENALTIES FOR CHICKENS:
5-4B-9: CONFLICT WITH PRIVATE COVENANTS:
5-4B-10: RUNNING AT LARGE PROHIBITED:
5-4B-11: REMOVAL OF EXCRETA:

5-4B-1: KEEPING OF ANIMALS RESTRICTED1: linklink


It shall be unlawful to keep or maintain horses, ponies, mules, cattle, sheep, goats, fowl and poultry other than eight (8) domestic hens, or swine within the City limits at a distance less than two hundred feet (200') from any residence, or any building used in part for a residence, except the residence of the owner or keeper thereof; or at a distance of less than two hundred feet (200') from a lot zoned for residence purposes, or from any street or alley of the City. Any person violating or neglecting or refusing to comply with this section shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) for each offense; and a separate offense shall be deemed to be committed on each day during or on which a violation occurs or continues. Any person who shall violate this section shall be held as maintaining a nuisance. (1972 Code § 91.999; amd. 1986 Code; Ord. 91-46, 7-1-1991; Ord. 11-04, 5-16-2011)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=38939#s1189804
5-4B-2: NONDOMESTICATED ANIMALS: linklink


A. No person shall confine in any cage, pen or other enclosure, either in or outside a dwelling or other building, any live animal or live reptile of any species which is of the class of ferae naturae or nondomesticated.


B. Pet stores within the City are exempt from subsection A of this section, except for the keeping of certain animals or reptiles as stated in subsection C of this section.


C. No person, business association or corporation may keep any lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena or coyote, or any poisonous reptile in any place other than properly maintained zoological park, circus, scientific or educational institution, research laboratory, veterinary hospital or animal refuge.


D. It is no defense to a violation of this section that the keeper of any animal or poisonous reptile which is prohibited by subsection C of this section has attempted to domesticate such animal or poisonous reptile.


E. The keeping of any such animal or reptile prohibited above shall be deemed a nuisance and shall be subject to summary abatement by any police officer or animal control officer.


F. Exhibitions or parades of animals which are ferae naturae in the eyes of the law may be conducted, kept or harbored within the City only after securing a permit from the Chief of Police. (Ord. 84-20, 7-2-1984)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=38939#s1189805
5-4B-3: CRUELTY TO ANIMALS: linklink

No person shall cruelly treat any animal in the City in any way and any person who inhumanely beats, underfeeds, overloads or abandons any animal shall be deemed guilty of a violation of this section. (1972 Code § 91.105)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=38939#s1189806
5-4B-4: DANGEROUS ANIMALS: linklink

It shall be unlawful to permit any dangerous or vicious animal of any kind to run at large within the City. Exhibitions or parades of animals which are ferae naturae in the eyes of the law may be conducted only upon securing a permit from the Chief of Police. (1972 Code § 91.110)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=38939#s1189807
5-4B-5: NOISES BY ANIMALS: linklink

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. (1972 Code § 91.115)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=38939#s1189808
5-4B-6: PENALTY: linklink

Any person violating this article or neglecting or refusing to comply with any of the provisions hereof shall be fined not more than five hundred dollars ($500.00) for each offense. (1972 Code § 91.999; amd. 1986 Code)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=38939#s1189809
5-4B-7: STANDARDS FOR KEEPING OF CHICKENS: linklink


A. Up to eight (8) domestic hens may be kept only on properties zoned and occupied for single-family residential use or zoned PFI public facilities and institutional and occupied by schools, public and private, as defined in title 10 of this code, only. (Ord. 15-45, 11-2-2015)


B. Roosters are prohibited in the city limits.


C. No person shall slaughter any chickens in the city limits, except for humane reasons.


D. Hens shall be provided with a covered inside enclosure and an adjacent covered outside fenced area. The outside fenced area shall be no less than thirty two (32) square feet in area. (Ord. 11-04, 5-16-2011)


E. The enclosures and adjacent fenced area shall be set back:

1. A minimum of one hundred fifty feet (150') from all streets and located not between the principal structures and adjacent streets on properties zoned PFI;

2. Thirty feet (30') from any occupied residential structure on an adjacent property, other than that of the owner; but

3. Not less than the minimum property line setback required for accessory structures in the zoning district. (Ord. 15-45, 11-2-2015)


F. All enclosures shall be constructed and maintained in such a manner as to be free of rodent infestation.


G. A building permit shall be required for all enclosures. The permit fee shall be the same as for a shed.


H. Electric service to enclosures shall not be provided by an extension cord or cords.


I. Hens shall be kept in the enclosure and fenced area at all times.


J. All feed and other items that are associated with the keeping of chickens that are likely to attract or to become infested with rats, mice or other rodents shall be protected in a container with a tightly fitted lid so as to prevent rodents from gaining access to or coming into contact with them. (Ord. 11-04, 5-16-2011)


K. All chickens shall be kept in the rear yard on residential properties. (Ord. 15-45, 11-2-2015)


L. All areas where hens are kept shall be maintained in a neat and clean manner, free of undue accumulation of waste such as to cause odors detectable on adjacent properties.


M. No person shall allow chickens to produce noise loud enough to disturb the peace of persons of reasonable sensitivity, and it is hereby declared a nuisance and shall be unlawful for any person to allow such nuisance to exist. (Ord. 11-04, 5-16-2011)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=38939#s1189810
5-4B-8: REGISTRATION AND PENALTIES FOR CHICKENS: linklink


A. All persons keeping chickens in the city shall register with the code compliance officer prior to acquiring the chickens. Registration shall be on a form established by the community development department. Registration forms will not be accepted until the enclosure has passed a final inspection by the building division. Persons having chickens as of the effective date hereof shall have thirty (30) days to bring their property into compliance with this article. (Ord. 11-04, 5-16-2011)


B. The registration form shall include written permission for any building division staff member to access the rear yard of the residence or to access the school property for the purpose of verifying compliance with this code on a periodic basis. The form shall also acknowledge receipt of a copy of the standards set forth in section 5-4B-7 of this article by person registering. (Ord. 15-45, 11-2-2015)


C. There shall be no fee charged for registration.


D. Failure to notify the Code compliance officer in accordance with subsection A of this section or failure to allow an inspection in accordance with subsection B of this section shall constitute a violation of this Code and shall be punishable by a fine of no more than one hundred dollars ($100.00) plus hearing costs, the amount to be established by the Code Hearing Officer.


E. Violation of any standard in section 5-4B-7 of this article shall be punishable by a fine not to exceed one hundred dollars ($100.00) plus court costs, such fine to be established by the Code Hearing Officer. Each day a violation continues shall be considered a separate offense.


F. Three (3) violations of this section and sections 5-4B-7 and 5-4B-9 of this article on a property within any twelve (12) month period shall result in loss of permission to keep chickens on the property. Keeping of chickens after permission has been revoked shall be punishable by a fine not to exceed seven hundred fifty dollars ($750.00) plus court costs, such fine to be established by the Code Hearing Officer. Each day a violation continues shall be considered a separate offense. (Ord. 11-04, 5-16-2011)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=38939#s1189811
5-4B-9: CONFLICT WITH PRIVATE COVENANTS: linklink

Nothing in this article shall be construed to permit the keeping of chickens when such activity is prohibited by private covenants, conditions or restrictions governing the use of property, or by rules, regulations or orders issued by the Illinois Department of Public Health or the Kane County Health Department. (Ord. 11-04, 5-16-2011)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=38939#s1189812
5-4B-10: RUNNING AT LARGE PROHIBITED: linklink

No person who owns, keeps or harbors an animal shall cause or permit such animal to run at large on any road, street, alley or other public place within the City. All animals within the City shall be kept confined by a chain or leash in such a manner as to prevent such animal from biting any person or animal, or if not tied, kept in a fenced area. (Ord. 17-28, 5-1-2017)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=38939#s1189813
5-4B-11: REMOVAL OF EXCRETA: linklink

It shall be unlawful for an owner to fail to immediately remove excrement deposited by his/her animal upon the public ways, or within the public places of the City, or upon the property of any other person without that person's consent. When accompanying an animal off of his/her property, the owner or his/her agent shall have on his/her person a plastic or paper bag or container suitable for the removal of such excrement. (Ord. 17-28, 5-1-2017)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=38939#s1189814


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See also section 5-4A-4 of this chapter.