The purpose of this chapter is:
(A) To provide security of persons against annoyance, intimidation or injury by animals.
(B) To prevent nuisances by animals through responsible ownership.
(C) To protect animals from abuse and neglect. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

Unless otherwise expressly stated, the following words or terms shall, for the purpose of this chapter, have the meanings indicated in this section.
(A) “Animals” means any creature other than a human being.
(B) “Bite” means any activity with the mouth of an animal which breaks through the skin, but does not necessarily have to draw blood.
(C) “Cruelty to animals” means any one of the following activities:
(1) To overwork, overdrive, beat, torture, torment, poison, mutilate or inhumanely kill any animal;
(2) To unnecessarily fail to provide any animal with proper food, drink, shelter or air;
(3) To abandon or fail to reclaim any impounded animal; or
(4) To inhumanely treat any animal in any manner.
(D) “Dangerous animal” means any animal which is inherently incapable of being domesticated and is considered by the law to be inherently dangerous (ferae naturae).
(E) “Diseased animal” means any animal infected with a contagious or infectious disease, including those diseases contagious or infectious only to animals.
(F) “Leash” means a strong cord, thong or chain, not more than eight feet in length.
(G) “Neutered” means any animal that has been spayed or castrated.
(H) “Owner” means any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his or her care, or acts as its custodian, or who knowingly permits an animal to remain on or about any premises occupied by him or her.
(I) “Person” means any natural person, partnership, trust, corporation or association. Whenever used with respect to any penalty, the term person, as applied to partnerships or associations, shall mean the partners or members thereof, and as applied to trusts or corporations, shall mean the trustees or officers thereof.
(J) “Unneutered” means any animal that has not been spayed or castrated. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

It shall be unlawful for any person to keep any animal other than those customarily used as pets unless such animal shall be certified in writing as safe by a licensed veterinarian and such animal shall be given a rabies shot if there is a possibility of rabies. In no event shall any person or family keep or maintain more than two such animals.
(A) Any person seeking to keep any animal not otherwise permitted under the provision of this chapter may apply for a variation from this section. The variation may be granted by the mayor and city council for such time and under such conditions as the city council may deem proper, providing that the board shall find that the granting of such variation would:
(1) Not substantially impair the value of surrounding property;
(2) Would not detrimentally affect the public health, safety, morals and welfare;
(3) Would not cause injury to the animals proposed to be kept;
(4) Would not alter the character of the neighborhood or result in a public or private nuisance.
(B) An applicant for variance shall:
(1) Not less than seven days nor more than 30 days prior to the date set for consideration by the city council, serve written notice either in person or by first class mail on the last known taxpayers and/or property owner or owners of record as reflected in the county records of all property within 250 feet in each direction of the location for which the variance is requested; provided, however, the number of feet occupied by all public roads, streets, alleys or other public ways shall be excluded in computing the 250 foot requirement; and
(C) The variation shall be granted by resolution of the mayor and city council.
(D) If a petition objecting to the proposed variation is signed by 20% of the property owners within 250 feet and presented to the city council, no such variation shall be granted except by a two-thirds vote of the corporate authorities. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

It shall be unlawful for any person to keep more than four animals over four months of age on his or her property. This section shall not apply to persons who are licensed to engage in the business of pet shop operator, kennel operator or animal shelter. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

It shall be unlawful for any person to exhibit or parade any dangerous animal within the city without first obtaining a permit from the police chief. This permit shall be issued upon proper showing that the demonstration will be entirely safe to the public and upon payment of a fee of $25 for each day or part of a day the exhibition of animal or animals shall continue. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

The members of the police department may kill a dangerous animal or any other animal when it is necessary for the protection of the public, any person or property.
No person may knowingly poison or cause to be poisoned any dog or other domestic animal. The only exception will be written permission from the state of Illinois Department of Agriculture for the purpose of controlling diseases transmittable to humans or other animals and only when all other methods and means have been exhausted. Such written permission shall name the person or persons conducting the poisoning, specify the products to be used, give the boundaries of the area involved, and specify the precautionary measures to be employed to ensure the safety of humans and other animals. Any drug used for euthanasia shall be by, or under the direction of a licensed veterinarian. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

It shall be unlawful to harbor or keep any animal which habitually or continually disturbs the peace and quiet of any family, individual or neighborhood by loud noises at any time of the day or night. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

It shall be unlawful for any animal to be loose as an uncontrolled animal. The owner of the animal shall be responsible for its being loose or uncontrolled. Any uncontrolled animal may be impounded by the Will County Animal Control Department, at the place and in the manner provided for impoundment.
(A) Impoundment Fee. No animal shall be removed from the Will County pound until the impounded fee has been paid in full. The fee shall be paid to the county.
(B) Disposal of Unclaimed Impounded Animals. Any impounded animal which remains unclaimed after seven days from the time its owner is notified of its impoundment by the police chief or which remains unclaimed seven days after its impoundment and no owner is known or can be located, may be sold at public auction. If the animal cannot be sold, it may be disposed of in some humane manner under the direction of the police chief. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

It shall be unlawful for any person to hunt or engage in killing any animal within the city limits, except as authorized under other provisions of this chapter. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

It shall be unlawful for any person to exhibit any animal in an indecent manner, or to let any male animal to any female animal in a public place. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

It shall be unlawful for the owner of a diseased animal to allow the animal to be exposed in any manner in any public place; nor shall the diseased animal be shipped or removed from the premises of the owner thereof, except under the supervision of the police chief or the Will County Animal Control.
The police chief or the Will County Animal Control shall secure the disposition of any diseased animal and the treatment of affected premises as to prevent the communication and spread of the contagious or infection except in cases where the state of Illinois Department of Agriculture is empowered to act. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

It shall be unlawful for any person to allow any dead animal which he or she owned to remain within the city more than 24 hours. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

It shall be unlawful for any person to slaughter any animal or maintain any building for slaughtering any animal within the city limits. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

Each owner shall provide for his or her animals:
(A) Sufficient quantity of good and wholesome food and water.
(B) Proper protection and shelter from the weather.
(C) Veterinary care when needed to prevent suffering.
(D) Humane care and treatment.
(Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

Any person who, as the operator of a motor vehicle, strikes a domestic animal, shall stop at once and shall immediately report such injury to the city police department. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

Whenever any animal bites a human being, the owner of the animal shall immediately notify the police chief who shall order the animal held for a period of ten days, and the animal shall be observed by a licensed veterinarian as may be required by the police chief. It shall be unlawful for any person having knowledge that any person has been bitten by any animal to refuse to notify the police chief or the county rabies inspector promptly. It shall be unlawful for the owner of the animal to refuse or fail to comply with the written or printed recommendations made by the county rabies inspector or the police chief, in any particular case. The written or printed recommendations shall be mailed by regular mail, postage prepaid, and addressed to the owner of the animal. The affidavit or testimony of the police chief or the county rabies inspector who mailed such recommendations shall be prima facie evidence of the receipt of such recommendations by the owner of the animal. Any expense incurred in the handling of any animal under this chapter shall be borne by the owner. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

Whenever a case of rabies has occurred within the city or surrounding locality, or when the city administrator is apprehensive of the spread of rabies, the police chief may take the following steps to prevent its spread among animals:
(A) Require that all animals be confined within an enclosure.
(B) Require that owners of animals take such prophylactic measures as deemed necessary to prevent the spread of rabies.
(C) Determine the area and time during which the preventive measures of (A) and (B) of this section shall be effective. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

It shall be unlawful for any person, whether the owner or otherwise, to indulge in, or cause to be done, any activities deemed to be cruelty to animals. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

It shall be unlawful for any person to own any dog over three months of age in the city unless each dog so owned is licensed each year as hereinafter provided in this chapter. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

It shall be necessary for the owner of any dog to obtain a new license for each dog every year. The new license must be procured before September 30 of each year or the dog is unlicensed and the owner is in violation of Section 90.120 of this chapter. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

All applications for a dog license shall be made to the city of Wilmington, on the forms provided, each year before September 30. The form provided by the city of Wilmington shall contain at least the following: the name and address of the owner of the dog, the sex and breed of the dog, the color of the dog, and the date of the most recent rabies vaccination. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

Each calendar year, or at such intervals as may be promulgated by the city administrator, every owner of a dog shall cause the dog to be inoculated against rabies by the county rabies inspector or any licensed veterinarian.
(A) Evidence of such inoculation shall consist of a certificate signed by the person administering the vaccine.
(B) It shall be unlawful for any person to bring any dog into the city unless the dog has been inoculated as provided by 510 ILCS 5/8. All dogs must also have a substantial collar, attached to which shall be a current metallic tag signifying a rabies inoculation within the last year, as required by 510 ILCS 5/8. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

No dog license shall be issued unless a valid certificate of inoculation against rabies is attached to the application for a dog license and unless the certificate was issued by the county rabies inspector, or by his deputy, or by a licensed veterinarian, within one year prior to the date of the application for a dog license. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

The city of Wilmington shall keep a complete registry, in the computer to be kept for that purpose, of all licensed dogs, describing the breed, color and sex of each dog and its owner’s name and address and the number of the dog license tag. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

The city of Wilmington shall not issue a dog license tag or a duplicate dog license tag until he has received the payment of one or more of the following fees, as is appropriate:
(A) There shall be an annual fee of $5 for each dog license issued or renewed by the city.
(B) There shall be an additional fee of $10 for each license issued or renewed on or after September 30 of each year. The additional charge is for the processing of late applications.
(C) There shall be a fee of $1 for each duplicate dog license tag issued by the city. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

Every dog licensed under this chapter must have a metallic dog license tag and a metallic tag indicating a rabies inoculation.
(A) The city of Wilmington shall provide, each year, as many metallic dog license tags as may be necessary, the shape to be changed each year, with the year for which the dog license tag is paid, the words “Wilmington Animal Tag” and also the number of the tag stamped on the tag.
(B) The city of Wilmington shall issue one metallic dog license tag, the number of which shall correspond with the number of the registry of the dog, to the person having paid the appropriate dog license fees.
(C) Every dog kept within the city shall be provided with a substantial dog collar by its owner who shall cause to be attached thereto in a secure manner the metallic dog license tag issued by the city and the metallic tag signifying a rabies inoculation.
(D) It shall be unlawful for any owner of any dog to allow a dog to be without a collar which has a current dog license tag and rabies tag attached.
(E) The city of Wilmington shall deliver to any owner of any dog upon demand, a duplicate dog license tag to correspond with the tag originally issued, provided the appropriate fee is paid.
(F) It shall be unlawful for any person to use or cause to be used a duplicate dog license tag unless the tag is used on the same dog for which it was issued.
(G) It shall be unlawful for any person to use or cause to be used the original dog license tag unless such tag is used on the same dog for which it was issued.
(H) It shall be unlawful for any person to remove the dog license tag or collar from any dog without the owner’s consent, except that the police chief may authorize such removal during the course of normal impoundment and sale. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

Any dog without a current dog license tag attached to its collar shall be considered an uncontrolled animal, and subject to impoundment under Section 90.106 of this chapter. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

It shall be unlawful for any owner of any dog to allow the dog to go upon any public street, alley or sidewalk or other public place unless the dog is securely on a leash. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

It shall be unlawful for any person to own any cat over three months of age in the city unless each cat so owned is licensed each year as hereinafter provided in this chapter. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

It shall be necessary for the owner of any cat to obtain a new license for each cat every year. The new license must be procured before September 30 of each year or the cat is unlicensed and the owner is in violation of Section 90.130 of this chapter. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

All applications for a cat license shall be made to the city of Wilmington on the forms provided, each year before September 30. The form provided by the city of Wilmington shall contain at least the following: the name and address of the owner of the cat, the sex and breed of the cat, the color of the cat, and the date of the most recent rabies vaccination. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

Each calendar year, or at such intervals as may be promulgated by the city administrator, every owner of a cat shall cause the cat to be inoculated against rabies by the county rabies inspector or any licensed veterinarian.
(A) Evidence of such inoculation shall consist of a certificate signed by the person administering the vaccine.
(B) It shall be unlawful for any person to bring any cat into the city unless the cat has been inoculated as provided by 510 ILCS 5/8. All cats must also have a substantial collar, attached to which shall be a current metallic tag signifying a rabies inoculation within the last year, as required by 510 ILCS 5/8. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

The city of Wilmington shall keep a complete registry, in the computer to be kept for that purpose, of all licensed cats, describing the breed, color and sex of each cat and its owner’s name and address and the number of the cat license tag. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

The city of Wilmington shall not issue a cat license tag or a duplicate cat license tag until he has received the payment of one or more of the following fees, as is appropriate:
(A) There shall be an annual fee of $5 for each cat license issued or renewed by the city.
(B) There shall be an additional fee of $10 for each license issued or renewed on or after September 30 of each year. The additional charge is for the processing of late applications.
(C) There shall be a fee of $1 for each duplicate cat license tag issued by the city. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

Every cat licensed under this chapter must have a metallic cat license tag and a metallic tag indicating a rabies inoculation.
(A) The city of Wilmington shall provide, each year, as many metallic cat license tags as may be necessary, the shape to be changed each year, with the year for which the cat license tag is paid, the words “Wilmington Animal Tag” and also the number of the tag stamped on the tag.
(B) The city of Wilmington shall issue one metallic cat license tag, the number of which shall correspond with the number of the registry of the cat, to the person having paid the appropriate cat license fees.
(C) Every cat kept within the city shall be provided with a substantial cat collar by its owner who shall cause to be attached thereto in a secure manner the metallic cat license tag issued by the city and the metallic tag signifying a rabies inoculation.
(D) It shall be unlawful for any owner of any cat to allow a cat to be without a collar which has a current cat license tag and rabies tag attached.
(E) The city of Wilmington shall deliver to any owner of any cat upon demand, a duplicate cat license tag to correspond with the tag originally issued, provided the appropriate fee is paid.
(F) It shall be unlawful for any person to use or cause to be used a duplicate cat license tag unless the tag is used on the same cat for which it was issued.
(G) It shall be unlawful for any person to use or cause to be used the original cat license tag unless such tag is used on the same cat for which it was issued.
(H) It shall be unlawful for any person to remove the cat license tag or collar from any cat without the owner’s consent, except that the police chief may authorize such removal during the course of normal impoundment and sale. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

Any cat without a current cat license tag attached to its collar shall be considered an uncontrolled animal, and subject to impoundment under Section 90.106 of this chapter. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

It shall be unlawful for any owner of any cat to allow the cat to go upon any public street, alley or sidewalk or other public place unless the cat is securely on a leash. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

It shall be unlawful for any owner of any animal to permit the animal to defecate on any property, other than that of the animal owner. If the animal defecates on any property in the city, the owner or person in control of the animal must remove the defecation and dispose of it properly. Permitting any animal to defecate on the property of others, including public property, or allowing defecation to remain on such property is hereby declared to be a nuisance. Every owner of any animal shall exercise proper care and control of the animal to prevent it from becoming a public nuisance. It shall also be deemed a nuisance and therefore unlawful to permit the following:
(A) To allow any animal to run at large in the city at any time.
(B) To permit any animal to enter any place where food or beverages are stored, prepared, served or sold to the general public or any other public building or hall; provided, however, that this section shall not apply to any blind person using a trained seeing eye dog.
(C) To permit any dog and/or cat to enter a public park whether or not such dog and/or cat is restrained by a leash.
(D) To allow any place where any animal is or may be kept to become unclean or unsanitary or endanger the health of the animal. Unsanitary shall mean a condition which is likely to attract vermin or rodents or endanger the public health or welfare of the surrounding area.
(E) To allow excessive or untimely noise, causing annoyance and discomfort to surrounding neighbors so as to disturb the reasonable use and enjoyment of their property.
(F) To permit any animal to molest passersby, chase vehicles, attack persons or other animals, deposit excretory matter on property other than that of the owner, damage property or allow acts of a similar nature.
(G) To abandon an animal. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

(A) If any animal shall defecate in violation of this code, the owner or person having control of the animal shall immediately clean and remove the defecation.
(B) If an animal runs at large, causes excessive noise, molests persons or commits any other nuisance in violation of this code, the owner or person having control of the animal shall immediately cause the nuisance to be abated. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

It shall be unlawful for any person to establish, permit or maintain a dog run within 10 feet of the lot line of any adjacent property used for residential purposes. For the purpose of this section, a dog run shall consist of any area set aside, intended or used primarily as an area for the defecation by or penning of dogs. Nothing herein contained shall prohibit a dog owner from allowing his or her dogs to be allowed on the owner’s premises, provided such premises are completely fenced.
No dog run shall be established without securing a permit from the city. A dog run shall be constructed and maintained in a clean and sanitary manner in accordance with regulations and standards established by the city. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03)

Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or which a violation occurs or continues. (Ord. 1511, passed 2-18-03; Ord. 1556, passed 6-3-03; Ord. 1574, passed 7-15-03)