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| Issue Date: | 21 December 2012 | Effective Date: | 21 December 2012 | ||||||
| Rescinds: | 05 September 2008 version; S08-13 | ||||||||
| Index Category: | Preliminary Investigations | ||||||||
| I. | Purpose |
| A. | identifies the functions and responsibilities of the City of Chicago Commission on Animal Care and Control (ACC). |
| B. | outlines procedures for inventorying animals. |
| C. | establishes the required notifications when handling animal-related incidents. |
| II. | General Information |
| A. | Department members are responsible for enforcing the following laws relating to animals: |
| 1. | Animal Care and Control, Chapter 7-12, Municipal Code of Chicago (MCC); |
| 2. | the Humane Care for Animals Act, 510 ILCS 70/3 et seq., 720 ILCS 5/12-35, 720 ILCS 5/12-36, and 720 ILCS 5/26-5. |
| B. | Department members will respond to animal bite incidents, situations where the immediate safety and well-being of a person is threatened by an animal, and reports of animal abuse, animal torture, or animal fighting. |
| C. | The City of Chicago Animal Care and Control has a staff member available twenty-four hours a day, seven days a week. Animal control officers have the authority to enforce MCC Chapter 7-12 and are available to respond to emergency animal removal service requests. Department members requiring animal removal services will make requests via the Office of Emergency Management and Communications (OEMC) zone dispatcher. |
| D. | In every instance where an animal is seized by a Department member, the member will issue the Legal Notice for the City of Chicago Municipal and State Violations [CPD-11.468 (Rev. 11/12)]. |
| NOTE: |
If a stray animal is seized on private property, a notice must be issued even if a citizen denies ownership.
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| E. | The following are approved shelters: |
| 1. | Animal Care and Control , (24 hour drop-off); |
| 2. | Animal Welfare League - Chicago , (0800 - 1900 hour drop-off); |
| 3. | Animal Welfare League - Chicago Ridge , (24 hour drop-off). |
| III. | Animal Bite Incidents |
| A. | Department members assigned to investigate animal bite incidents (regardless of whether victim is human or animal) other than incidents involving Department canines, will: |
| 1. | arrange for the transportation of the victim to the nearest approved medical facility, if necessary. |
| 2. | determine if the animal is in the care of the owner or keeper. |
| a. | If it is not in the care of the owner or keeper, notify ACC to remove the animal. If ACC cannot respond in a timely manner, the animal will be inventoried. |
| b. | If the animal is in the care of the owner or keeper: |
| (1) | determine the location of impoundment: |
| (a) | at the home of the owner or keeper, if currently vaccinated against rabies and directed to do so by the animals veterinarian, or |
| (b) | at a veterinarians animal hospital, or |
| (c) | at the Animal Care and Control facility. |
| (2) | inform the owner or keeper that the animal must be examined by a veterinarian within twenty-four hours after the bite. |
| 3. | cite the animal owner for any Municipal Code violations using an Administrative Notice of Ordinance Violation (ANOV). Hearings will be scheduled according to the Court Citing Date Card for Misdemeanor and City Ordinances (CPD-11.562) using the officer's court key. Cases will be scheduled for a hearing date twenty-one to forty-nine days from the date of the violation. |
| 4. | complete an Animal Bite Information card. All reasonable efforts will be made to determine the animal owner's name and a description of the animal. This information will then be included in the report. |
| 5. | notify the Alternate Response Section Administrative Desk by telephone and provide the information on the Animal Bite Information card. An animal bite report number will be issued, and the member will enter the animal bite report number and the name and badge / star number of the Alternate Response Section member notified on the Animal Bite Information card. The completed Animal Bite Information card will be retained in unit files in accordance with existing records-retention requirements. |
| 6. | complete the legal notice if the animal is to be impounded under either state law or municipal ordinance. The animal inventory number will be recorded on the notice; therefore, members will contact, from the field, the district facility where the animal is to be inventoried and request the assignment of an animal inventory number. |
| a. | The original copy of the completed notice will be left at the residence or place of seizure stating that the animal has been seized. |
| b. | The second copy will be attached to the ACC Inventory Form which is then attached to the district cage housing the animal or given to the animal control officer taking custody of the animal. |
| c. | The third copy will accompany the arrest report or other required report, consistent with the Incident Reporting Guide (CPD-63.451). |
| 7. | ensure the animal, with ACCs copy of the inventory form, is transported directly to the ACC facility. If the animal is destroyed, ensure that the head of the animal is preserved for rabies examination. |
| B. | When the bite is reported in a district other than the district of occurrence: |
| 1. | the assigned officer will complete the Animal Bite Information card in duplicate and obtain an animal bite number from the Alternate Response Section Administrative Desk. The officer will enter the number on each copy of the report, forward the original to the district of occurrence, and submit the duplicate to his or her district review officer. |
| NOTE: |
When there is an allegation that the biter animal was sick or diseased, the reporting officer will notify the station supervisor in the district of occurrence, by telephone, to ensure that an immediate follow-up investigation is initiated.
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| 2. | the district of occurrence will assign a member to complete the investigation upon receipt of the Animal Bite Information card. The investigating officer will ensure that the provisions of Items III-A-2 through III-A-7 have been completed along with the remaining portions of the Animal Bite Information card. This information will be provided to the ACC, by telephone, including the animal bite report number previously assigned to the incident. The investigating officer will note the name and badge/star number of the ACC person contacted on the Animal Bite Information card. |
| C. | When a person is bitten by a private security-force guard dog, all procedures as outlined in Item III-A or Item III-B, as appropriate, will be followed. |
| D. | When a person is bitten by a Department canine, follow the procedures outlined in the Department directive entitled "Canine Teams." |
| IV. | Crimes Against Animals |
| A. | Field personnel assigned to investigate animal abuse, animal torture, breeding animals for fighting, training animals for fighting, or animal fighting incidents will respond to the scene to conduct a preliminary investigation. If bonafide, members will: |
| 1. | notify ACC and request they respond to the scene to safely control and remove all animals involved. |
| NOTE: |
If there are dead animals at the scene which may have evidentiary value, members will inform ACC of that fact and request that they respond in a timely manner to take custody of the evidence. Members will not inventory dead animals.
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| a. | Members may transport the animal(s) to the district facility if they determine that such transport can be accomplished safely, without incident, have obtained authorization from their immediate supervisor, and there is a facility to hold the animal. |
| b. | If authorized by their immediate supervisor, members may take seized animal(s) to an approved shelter. |
| c. | Members may transport vicious animals only after the members have received Department-authorized training in their safe handling. |
| 2. | request an evidence technician to photograph the animal(s) and scene. |
| 3. | notify the Animal Crimes Team (ACT), which may conduct a follow-up investigation. If there is evidence of crimes against animals, ACT will contact the Trouble Building Unit (TBU) with the location where the incident occurred. |
| 4. | complete a case report consistent with the Incident Reporting Guide. The report will indicate that extra copies are to be sent to the Animal Crimes Unit and to the Domestic Violence Unit. |
| 5. | impound the animal(s) for a violation of the appropriate section of 510 or 720 Illinois Compiled Statutes Violations. |
| a. | The member will: |
| (1) | complete the appropriate Legal Notice. |
| (2) | contact, from the field, the district facility where the animal is to be inventoried, request an inventory number, and record that number on the notice. |
| b. | The original copy will be left at the residence or place of seizure. The second copy will be attached to the ACC Inventory Form which is then attached to the district cage housing the animal or given to the animal control officer or specially trained Department member taking custody of the animal. The third copy will accompany the arrest report or other required report, consistent with the Incident Reporting Guide (CPD-63.451), as necessary. |
| 6. | complete the inventory of the animal(s) as outlined in this directive. |
| B. | If an arrest is made, the arresting officer will: |
| 1. | charge the offender with a violation of the appropriate section of 510 or 720 Illinois Compiled Statutes Violations. The owner of the seized animal may relinquish possession of the animal by signing in the designated box on the ACC inventory form. If the ownership of the animal has not been relinquished, the officer will record the following notation in the narrative of the Arrest Report: ANIMAL SEIZED, OWNERSHIP NOT RELINQUISHED; PETITION FOR FORFEITURE REQUESTED. |
| NOTE: |
See the accompanying directive for a list of specific charges relating to animals. The Chapter 510 offenses cover all animals, while the Chapter 720 offenses refer specifically to dog fighting.
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| 2. | obtain the approval of the station supervisor in the district of arrest to notify and confer with the assistant states attorney assigned to the Felony Review Unit for approval of felony charges, if appropriate. Notification to the Bureau of Detectives is not necessary. |
| 3. | notify ACC or the OEMC dispatcher, 24 hours, of the court information for the arrested animal owner/keeper. |
| 4. | obtain a court order for the disposition of the animal(s) and send the order to ACC via police mail, if present at the adjudication of the case. Members will keep a copy of the disposition order for their records. |
| C. | Station Supervisor Duties |
| 1. | ensure that the required notation appears in the narrative of the Arrest Report if an animal is seized but ownership is not relinquished. |
| 2. | follow current bonding procedures. If the appropriate charge, however, is a Class A misdemeanor and the owner / keeper of the seized animal has not relinquished ownership, the station supervisor will not allow the offender to post bond nor be given an I-Bond. The arrestee will be sent to the first court call following the arrest for the court to set bond and the States Attorney's Office to file a petition for forfeiture of the animal(s) involved. |
| V. | Dead or Destroyed Animals |
| A. | Department members observing or receiving a complaint of a dead animal will determine if the animal is evidence of criminal activity. |
| 1. | If there is evidence of criminal activity, the member will complete the appropriate case report, request an evidence technician to photograph the animal, and, after photographing, request ACC removal of the animal through OEMC. |
| 2. | If there is no evidence of criminal activity, the member will request Department of Streets and Sanitation removal of the animal through OEMC. |
| B. | When other dispositions are impractical and a Department member uses a firearm to destroy a seriously injured or dangerous animal, the member will: |
| 1. | notify OEMC immediately and inform the station supervisor in the district of occurrence. |
| 2. | complete a Tactical Response Report (CPD-11.377) as outlined in the Department directive entitled "Weapon Discharge Incidents Involving Sworn Members." |
| 3. | complete and submit the appropriate case report or a Miscellaneous Incident Exception Report (CPD-11.419), consistent with the Incident Reporting Guide. |
| 4. | request ACC removal of the animal through OEMC. |
| VI. | Stray Animals |
| A. | Complaints regarding stray animals will be: |
| 1. | directed to the 311 Non-Emergency City Service Request Telephone Number. |
| 2. | referred to the OEMC dispatcher. Per MCC 7-12-040, ACC will be responsible for impounding stray animals. |
| B. | When a stray animal presents an immediate threat to the safety of any person, members will notify ACC to apprehend the animal(s) and take other actions, as appropriate. |
| NOTE: |
When it has been determined via OEMC confirmation that ACC will be unable to respond or unreasonably delayed in their response to an animal(s) posing an immediate danger to the public, Department members may request, through OEMC, the assistance of SWAT to apprehend the animal(s) and take other actions, as appropriate.
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| C. | If a Department member determines that a stray animal can be safely transported without incident, upon receiving authorization by their immediate supervisor, the member may take custody of the animal and transport it to an approved shelter. |
| D. | Department members will ensure that the animal shelter name and inventory number is included in all case reports, when appropriate. |
| VII. | District Animal Inventory |
| A. | Members will only inventory live animals. |
| B. | The purpose of inventorying animals is to: |
| 1. | provide protection of evidence, and |
| 2. | furnish the Department with a record of the actions involved in accepting or releasing animals. |
| NOTE: |
Animals should be inventoried as a last resort and only if the animal can be secured in a locked facility.
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| C. | Animals that are arrestee's property or stray animals will be inventoried in the district facility using the ACC Inventory Form (ACC-3230-3). |
| 1. | The original (white) copy will be attached to the cage housing the animal and given to the ACC officer taking custody of the animal. |
| a. | If the animal is turned over to the Animal Welfare League, the original will be mailed to ACC. |
| b. | If the animal is disposed of in any other manner, the original will be sent to the Animal Crimes Team. |
| 2. | To acknowledge receipt of the animal, the second (yellow) copy will be given to the owner or citizen that turned in the animal. |
| 3. | The Unit / District (pink) copy will be retained in district files consistent with record-retention requirements. |
| 4. | The Kennel Record (buff hard copy) will be attached to the door of the cage holding the animal and will be given to personnel at the shelter which receives the animal (ACC or a private shelter). If the animal is disposed of in any other manner, this copy will be destroyed. |
| NOTE: |
Biter or evidence animals will not be held at district facilities.
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| D. | Department members using district cages for animals will inform the station supervisor. |
| E. | The station supervisor will: |
| 1. | ensure that the cage door is secured and the white and buff copies of the inventory form are attached to the door. |
| 2. | ensure that ACC is notified and the inventoried animal is picked up by ACC personnel. Inventoried animals should not be in Department custody longer than eight hours. |
| 3. | ensure that the animal is provided with food and water if ACC personnel are unable to pick up the animal within a short period of time. |
| 4. | renotify ACC at the beginning of each shift if an animal has not been picked up. |
| 1. |
| 2. |
| 3. |
| 1. | S04-12-01 - Animal Care Statutes and Ordinance |