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TO: Mayor Thomas J. Weisner
FROM: Jim Pilmer, Director, Department of Neighborhood Standards
DATE: March 24, 2014
SUBJECT:
An Ordinance Amending Chapter 9 of the City of Aurora Code of Ordinances Dealing with Animals.
PURPOSE:
To provide for nuisance feeding of mammals, to include coyotes, and to provide pre-requisites for foster homes for animals in Aurora.
BACKGROUND:
There have been issues that have arisen with respect to persons running foster homes for dogs in particular which have caused staff to recommend a change to Section 9-2, dealing with animal foster homes. Additionally, there has been an increase in the daytime sightings of coyotes in certain areas of Aurora, and concerns expressed by residents because of this increase, causing staff to recommend a change in Section 9-12 to provide for nuisance feeding of all mammals, not just cats.
DISCUSSION:
Due to the increase in daytime sightings of coyotes in Aurora, staff has researched and consulted with experts with regard to proactive methods to reduce resident interaction therewith. Where coyotes are present in a neighborhood, feeding of the coyotes can take place even accidentally, by leaving out food for a family pet, even an accumulation of bird food when the coyote normal food supply is scarce can cause coyotes to enter a residential yard. For this reason, staff recommends changing Section 9-12 to include a nuisance feeding provision for all mammals, not just cats. Where an issue of coyote sightings becomes a concern in a residential neighborhood, Animal Control will advise the residents there of the potential hazards regarding outdoor feeding of animals. If Section 9-12 is revised as recommended, Animal Control can then enforce this provision involving nuisance feeding as necessary to assist the neighborhood reduce the likelihood of interaction with coyotes, or other nuisance animals. Additionally, staff recommends adding the change to Section 9-2 regarding prior compliance with all city codes before allowing an application for a foster animal home to be granted.
IMPACT STATEMENT:
Safety from inappropriate interaction with coyotes and other nuisance animals, and compliant animal foster homes will result from these recommended amendments to the Animal Control Ordinance.
RECOMMENDATIONS:
I recommend that the attached Ordinance be sent to the Government Operations Committee for review and approval.
cc: Alderman Hart-Burns, Chairman
Alderman Johnson
Alderman Mesiacos
Alderman Mervine, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Amending Chapter Nine, Section 9-2 Regarding Foster Homes, Section 9-12 Regarding Nuisance Feeding.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, in furtherance of its home rule powers, it is necessary and desirable for the City to amend the requirements for foster homes for animals.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Section 9-2 of Chapter 9, entitled "Limit on number of animals, foster home" of the City of Aurora Code of Ordinances be and hereby is amended as follows:
Sec. 9-2. Limit on number of animals, foster home.
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(d) A foster home may have not to exceed two (2) adolescent or adult domestic animals, or one (1) adult female domestic animal with its litter, or one (1) litter of domestic animals, for a maximum of eight (8) weeks per animal, in addition to its own two (2) domestic animals at any given time. Application for extension of time may be made to the animal control manager who shall have the sole discretion to determine whether to grant or deny such extension. Permits to operate as a foster home shall be as issued through any animal shelter or animal rescue organization placing the fostered animals prior to the placement of any animal for fostering. Registration must be made at the animal shelter prior to accepting any animal for fostering. All foster animals must be micro chipped within seven (7) days of the registration. The applicant must demonstrate that for five (5) years preceding its application, the applicant was in compliance with all applicable city codes and had not received any citations for violation of chapter 9 of the city of aurora code of ordinances or the comparable sections of the municipal code of its former residence.
That Section 9-12 of Chapter 9, entitled "Nuisance feeding prohibited" of the City of Aurora Code of Ordinances be and herby is amended as follows:
The feeding of any mammal by any means, including hand feeding or the placing or setting out of food to be left attended or unattended, which creates or has the potential to create a hazard to public health or safety is hereby declared to be a public nuisance and to be unlawful.
Section Two: That this ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Four: That any Section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining Sections or provisions which shall remain in full force and effect thereafter.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
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City Clerk Mayor