04-O-04

ORDINANCE

IT IS HEREBY DECLARED by the Board of Commissioners of Cook County, Illinois, that the basic statutory vehicular speed limits established by Section 11-601 of the Illinois Vehicle Code are greater, or less, than that considered reasonable and proper on the road listed below for which the County has maintenance responsibility and which is not under the jurisdiction of the Department of Transportation, State of Illinois; and

BE IT FURTHER DECLARED that this Board has caused to be made an engineering and traffic investigation upon the road listed below; and

BE IT FURTHER DECLARED that by virtue of Section 11-604 of the above Code, this Board determines and declares that reasonable and proper absolute maximum speed limits upon the road described below shall be as stated herein; and

BE IT FURTHER DECLARED that signs giving notice thereof shall be erected in conformance with the standards and specifications contained in the Manual on Uniform Traffic Control Devices, the Illinois Supplement to the National Manual on Uniform Traffic Control Devices, and the Standard Specifications for Traffic Control Items; and

BE IT FURTHER DECLARED that this Ordinance shall take effect immediately after the erection of said signs giving notice of the maximum speed limits.

COOK COUNTY HIGHWAY DEPARTMENT

PROPOSED SPEED LIMIT ZONES ON ROADWAYS UNDER

COOK COUNTY MAINTENANCE JURISDICTION

			EXISTING	PROPOSED
			SPEED	SPEED
ROADWAY	SECTION	MILEAGE	LIMIT	LIMIT
94th Avenue	167th Street to 159th Street	1.00	40 M.P.H.	35 M.P.H.

Approved and adopted this 22nd day of January 2004.

_________________

04-O-05

ORDINANCE

BE IT FURTHER DECLARED that this Board has caused to be made an engineering and traffic investigation upon the road listed below; and

BE IT FURTHER DECLARED that this Ordinance shall take effect immediately after the erection of said signs giving notice of the maximum speed limits.

COOK COUNTY HIGHWAY DEPARTMENT

PROPOSED SPEED LIMIT ZONES ON ROADWAYS UNDER

COOK COUNTY MAINTENANCE JURISDICTION

			EXISTING	PROPOSED
			SPEED	SPEED
ROADWAY	SECTION	MILEAGE	LIMIT	LIMIT
Cottage Grove Avenue	Sauk Trail to U.S. Route 30 (Lincoln Highway)	1.40	Varies (45, 50 and 55 M.P.H.)	45 M.P.H.

Approved and adopted this 22nd day of January 2004.

04-O-06

ORDINANCE

BE IT FURTHER DECLARED that this Board has caused to be made an engineering and traffic investigation upon the road listed below; and

BE IT FURTHER DECLARED that this Ordinance shall take effect immediately after the erection of said signs giving notice of the maximum speed limits.

COOK COUNTY HIGHWAY DEPARTMENT

PROPOSED SPEED LIMIT ZONES ON ROADWAYS UNDER

COOK COUNTY MAINTENANCE JURISDICTION

			EXISTING	PROPOSED
			SPEED	SPEED
ROADWAY	SECTION	MILEAGE	LIMIT	LIMIT
Ridgeland Avenue	Southwest Highway to 91st Street	1.20	40 M.P.H.	35 M.P.H.

Approved and adopted this 22nd day of January 2004.

04-O-07

ORDINANCE

AN ORDINANCE GRANTING A SPECIAL USE UNIQUE USE

LOCATED IN PROVISO TOWNSHIP

AS AUTHORIZED BY THE COOK COUNTY ZONING ORDINANCE

WHEREAS, the owner of certain property located in Proviso Township described in Section 1 herein, has petitioned the Cook County Board of Commissioners for a Special Use for Unique Use permit for a landfill gas fueled electrical power plant in the R-4 Single Family Residence District, and

WHEREAS, the said petition was received by the Zoning Board of Appeals of Cook County as Docket #7541 and a public hearing was held in regard to said request after due notice, all in accordance with the Cook County Zoning Ordinance and the Statutes of the State of Illinois, and

WHEREAS, the Zoning Board of Appeals entered detailed findings in accordance with the standards set forth in the Ordinance recommending that the Cook County Board of Commissioners grant said application for a Special Use for Unique Use permit, and

WHEREAS, it is the determination that said request be granted in accordance with the recommendations of the Zoning Board of Appeals.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Cook County, Illinois:

Section 1: That a Special Use for Unique Use in the R-4 Single Family Residence District for a landfill gas fueled electrical power plant be and is hereby authorized as set forth in the Findings and Recommendations of the Zoning Board of Appeals.

That said property be developed and constructed pursuant to the detailing set forth in the testimony and contained in the exhibits and Findings of the Cook County Zoning Board of Appeals hereby incorporated by reference into this Ordinance, as provided by law.

LEGAL DESCRIPTION

That part of the W 1/2 of Section 30, Township 39 North, Range 12 East of Third Principal Meridian Described as follows: Commencing at the SW corner of said Section 30; Thence N’ly 30 ft. along the W line of said section to the N line of 31st St.; Thence N. 90 degrees 00 minutes 00 seconds E., along said line a distance of 250' to the E’ly line of I-294 for a point of beginning; Thence N. 0 degrees 08 minutes 20 seconds W. along said E’ly line, a distance of 70. Ft.: Thence N. 01 degree 41 minute 05 seconds W.: Along said E’ly line, 391.68 ft. to an angle point in said line; Thence N. 12 degrees 41 minutes 28 seconds W. along said E’ly line, 47.85 ft. to an angle point in said line: Thence N. 09 degrees 13 minutes 42 seconds W. along said E’ly line, 235.78 ft. to a point that is 900 ft. N. of the N. line of 31st St.: Thence N. 90 degree 00 minutes 00 second E., parallel with the centerline of 31st St., 857.01 ft.: Thence S. 0 degree 00 minutes 00 seconds E., 870' to the N. line of 31st St.: Thence N. 90 degrees 00 minutes 00 seconds W., along the N. line of said 31st St., said line being 30 ft. N. of and parallel with the centerline of said 31st St., 794.38 ft. to the point of beginning, excepting therefrom permanent easement parcel #T-6A-139.28, all in Cook County, Illinois.

commonly described as approximately 15.03 acres, located on the Northeast corner of 31st Street and I-294 in Proviso Township.

Section 2: That the Special Use for Unique Use permit located in Proviso Township of the Cook County Zoning Ordinance be, and hereby is authorized with the following conditions: None.

Section 3: That this Ordinance under the provisions of Section 13.7.8 of the Cook County Zoning Ordinance be in full force and effect from and after its passage and approval, except that if said use is not established within one year as provided in Section 13.8.14, said Special Use shall be null and void.

Approved and adopted this 22nd day of January 2004.

04-O-08

ORDINANCE

AN ORDINANCE GRANTING A SPECIAL USE UNIQUE USE

LOCATED IN NORTHFIELD TOWNSHIP

AS AUTHORIZED BY THE COOK COUNTY ZONING ORDINANCE

WHEREAS, the owner of certain property located in Northfield Township described in Section 1 herein, has petitioned the Cook County Board of Commissioners for a Special Use for Unique Use permit for a landfill gas fueled electrical power plant in the I-1 Restricted Industrial District, and

WHEREAS, the said petition was received by the Zoning Board of Appeals of Cook County as Docket #7574 and a public hearing was held in regard to said request after due notice, all in accordance with the Cook County Zoning Ordinance and the Statutes of the State of Illinois, and

WHEREAS, it is the determination that said request be granted in accordance with the recommendations of the Zoning Board of Appeals.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Cook County, Illinois:

Section 1: That a Special Use for Unique Use in the I-1 Restricted Industrial District for a landfill gas fueled electrical power plant be and is hereby authorized as set forth in the Findings and Recommendations of the Zoning Board of Appeals.

That said property be developed and constructed pursuant to the detailing set forth in the testimony and contained in the exhibits and Findings of the Cook County Zoning Board of Appeals hereby corporated by reference into this Ordinance, as provided by law.

LEGAL DESCRIPTION

Part of Maryville, being part of the SW 1/4 of Section 31, Township 42 North, Range 13 East of Third Principal Meridian, Lying East of the Center Thread of the Des Plaines River, and that part of the SE 1/4 of Section 36, Township 42 North, Range 11, East of Third Principal Meridian, Lying East of the center Thread of Illinois, all in Cook County, Illinois.

commonly described as approximately 160.64 acres, located on the North side of Central Road East of the Des Plaines River, in Northfield Township.

Section 2: That the Special Use for Unique Use permit located in Northfield Township of the Cook County Zoning Ordinance be, and hereby is authorized with the following conditions: None.

Approved and adopted this 22nd day of January 2004.

04-O-09

ORDINANCE

Sponsored by

THE HONORABLE PETER N. SILVESTRI, COUNTY COMMISSIONER

AN AMENDMENT REGARDING VICIOUS AND DANGEROUS DOGS

TO THE COOK COUNTY ANIMAL CONTROL ORDINANCE

WHEREAS, House Bill 184, “An Act Regarding Vicious Dogs”, sponsored by State Representative Angelo “Skip” Saviano was recently approved by the Illinois State Legislature and signed into law by Governor Rod Blagojevich on Tuesday, August 19th, 2003 in unincorporated Leyden Township; and

WHEREAS, House Bill 184 was enacted as a result of a vicious attack on 9 year old Ryan Armstrong, in Leyden Township; and

WHEREAS, House Bill 184 provides additional responsibilities upon neglectful or malicious dog owners and additional penalties on such dog owners for the vicious conduct towards humans and other animals.

NOW, THEREFORE, AND IT IS HEREBY ORDAINED, that the President and Members of the Cook County Board of Commissioners amends the Cook County Animal Control Ordinance to revoke Section 20-10 regarding vicious dogs and to approve and incorporate the provisions of a new Section 20-10 as follows: “The Ryan Armstrong Law”, enacted into law as HB 184 as Sections 20-10 A. through 20-10 L.

20-10. Dangerous or vicious animals shall be confined by the owner within a building or secure enclosure and shall be muzzled or caged whenever off the premises of its owner.

A. Definitions:

1) Bodily Organ includes but is not limited to skin, which is considered the largest of the human organs.

2) 1) Cat for purposes of this Section means all members of the family Felidae.

3) 2) Dangerous dog for purposes of this Section means any individual dog when unmuzzled, unleashed, or unattended by its owner or custodian that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal in a public place.

4) 3) Dog for purposes of this Section means all members of the classification, Canis Familiaris.

5) 4) Enclosure for purposes of this Section means a fence or structure of at least 6 feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures that may be taken by the owner or keeper, such as tethering of the vicious dog, within the enclosure. The enclosure shall be securely enclosed and locked and designed with secure sides, top, and bottom and shall be designed to prevent the animal from escaping from the enclosure. If the enclosure is a room within a residence, the door must be locked. A vicious dog may be allowed to move about freely within the entire residence if it is muzzled at all times.

6) 5) Ferret for purposes of this Section means all members of the classification, Mustela putorius furo.

7) 6) Impounded for purposes of this Section means taken into the custody of the public animal control facility in the city, town, or county where animal is found.

8) 7) Muzzle means a fastening or covering for the mouth of an animal used to prevent biting and eating.

9) 8) Owner means any person having a right of property in an animal or who keeps or harbors an animal, or acts as its custodian, or who has it in his care.

10) 9) Physical injury for purposes of this Section means the impairment of physical condition.

11) ~~10)~~ Police animal means an animal owned or used by a law enforcement department or agency in the course of the department or agency’s work.

12) ~~11)~~ Serious Physical Injury means a physical injury that creates a substantial risk of death or that causes death, serious disfigurement, serious impairment of health, impairment of the function of any bodily organ, or injury requiring plastic surgery, or injury or injuries that when viewed by a reasonable person are considered significant and substantial. ~~Serious physical injury~~ ~~for purposes of this Section means a physical injury that creates a substantial risk of death or serious impairment of physical health.~~

13) ~~12)~~ Vicious dog for purposes of this Section means a dog that, without justification, attacks a person and causes serious physical injury or death or any individual dog that has been found to be a “dangerous dog” upon 3 separate occasions.

B. Declaration of a “vicious” dog.

A dog may be declared vicious if the Court determines that without justification, the dog attacks a person causing serious physical injury or death, or any individual dog that has been found to be a “dangerous dog” upon 3 separate occasions.

In order to have a dog deemed “vicious”, the County Animal Control Administrator must give notice of the infraction that is the basis of the investigation to the owner, conduct a thorough investigation, interview any witnesses, including the owner, gather any existing medical records, veterinary medical records or behavioral evidence, and make a detailed report recommending a finding that the dog is a vicious dog and give the report to the State’s Attorney’s office and the owner.

A complaint may be filed in the Circuit Court of Cook County after a complete investigation by the County Animal Control Administrator, or their designee. The County Department of Animal Control shall accept requests for investigation by any party. Such investigation shall follow these requirements:

a) the investigation must be thorough and include interviews with witnesses to the conduct in question;

b) medical records concerning the injuries inflicted on the person of the alleged vicious conduct and veterinary records of the dog regarding behavioral evidence must be gathered and reviewed;

c) a detailed report must be provided to the Office of the State’s Attorney and the owner of the dog recommending a finding that the dog is or is not vicious;

d) the Animal Control Administrator shall determine whether the dog shall be confined, and if so where, during the pendency of the case.

In order to have a dog deemed “vicious” a complaint must be filed by the Cook County Department of Animal Control, the Office of the State’s Attorney, any citizen of Cook County, or any victim of a dog attack if such attack occurred within Cook County, in the Circuit Court of Cook County to deem a dog a “vicious” dog.

Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert, may be relevant to the court’s determination as to whether the dog’s behavior was vicious or justified.

The petitioner must establish by clear and convincing evidence that the dog is vicious. If the burden of proof is met, the court shall deem the dog to be a vicious dog.

A dog shall not be declared vicious if the court determines the conduct of the dog was justified because:

1) The threat, injury, or death was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog; or upon the property of the owner or custodian of the dog; or

2) The injured, threatened, or killed person was tormenting, abusing, assaulting, or physically threatening the dog or its offspring, or has in the past tormented, abused, assaulted, or physically threatened the dog or its offspring; or

3) The dog was responding to pain or injury, or was protecting itself, its owner, custodian or member of its household, kennel, or offspring.

4) No dog shall be deemed vicious if it is a professionally trained dog for law enforcement or guard duties.

5) Vicious dogs shall not be classified in a manner that is specific as to breed.

Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, and sentry, guard, or police-owned dogs are exempt from this Section; provided, an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this Section, each such dog shall be currently inoculated against rabies in accordance with this ordinance. It shall be the duty of the owner of such exempted dog to notify the Administrator of changes of address. In the case of such exempted dogs, the owner shall register the animal with the Administrator and keep the Administrator advised of the location where such dog will be stationed. The Administrator shall provide police and fire departments with a categorized list of such exempted dogs, and shall promptly notify such departments of any address changes reported to him.

C. Finding of a vicious dog.

If a dog is found to be a vicious dog, the dog shall be spayed or neutered and microchipped within 10 days of the finding at the expense of its owner. The dog shall be subject to enclosure. A dog found to be a vicious dog shall not be released to the owner until the Administrator approves the enclosure. No owner or keeper of a vicious dog shall sell or give away the dog without court approval. Whenever an owner of a vicious dog relocates, he or she shall notify both the Administrator of the County Animal Control where he or she has relocated and the Administrator of the Cook County Department of Animal Control.

D. Confinement of a vicious dog.

It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog unless the dog is kept in an enclosure. The only times that a vicious dog may be allowed out of the enclosure are (1) if it is necessary for the dog owner or keeper of the dog to obtain veterinary care for the dog, (2) in the case of an emergency or natural disaster where the dog’s life is threatened, or (3) to comply with the order of a court of competent jurisdiction, provided that the dog is securely muzzled and restrained with a leash not exceeding 6 feet in length, and shall be under the direct control and supervision of the owner or keeper of the dog or muzzled in its residence.

Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded by the Administrator or the law enforcement authority having jurisdiction in such area.

If the owner of the dog has not appealed the impoundment order to the Circuit Court of Cook County within 15 working days, the dog may be euthanized.

Upon filing a notice of appeal, the order of euthanasia shall be automatically stayed pending the outcome of the appeal. The owner shall bear the burden of timely notification to the Cook County Department of Animal Control in writing.

E. Dangerous dog determination.

After a thorough investigation including: sending within 3 days of the Administrator becoming aware of the alleged infraction, notifications to the owner of the alleged infractions, the fact of the initiation of an investigation, and affording the owner an opportunity to meet with the Administrator prior to the making of a determination; gathering of any medical or veterinary evidence; interviewing witnesses; and making a detailed written report, an animal control warden, deputy administrator, or law enforcement agent may ask the Administrator, or his designee, to deem a dog to be “dangerous”. No dog shall be deemed a “dangerous dog” without clear and convincing evidence. The owner shall be sent immediate notification of the determination by registered or certified mail that includes a complete description of the appeal process.

A dog shall not be declared dangerous if the Administrator, or his designee determines the conduct of the dog was justified because:

1) the threat was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog; or upon the property of the owner or custodian of the dog;

2) the threatened person was tormenting, abusing, assaulting, or physically threatening the dog or its offspring;

3) the injured, threatened, or killed companion animal was attacking or threatening to attack the dog or its offspring; or

4) the dog was responding to pain or injury or was protecting itself, its owner, custodian, or a member of its household, kennel, or offspring.

Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert may be relevant to the determination of whether the dog’s behavior was justified pursuant to the provisions of this Section.

Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, and sentry, guard, or police-owned dogs are exempt from this Section; provided, an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this Section, each such dog shall be currently inoculated against rabies in accordance with this ordinance. It shall be the duty of the owner of such exempted dog to notify the Administrator of changes of address. In the case of such exempted dogs, the owner shall keep the Administrator advised of the location where such dog will be stationed. The Administrator shall provide police and fire departments with a categorized list of such exempted dogs, and shall promptly notify such departments of any address changes reported to him.

F. Finding of a dangerous dog.

If deemed dangerous, the Administrator, or his designee, shall order the dog be spayed or neutered within 10 days at the owner’s expense and microchipped, if not already, and one or more of the following as deemed appropriate under the circumstances and necessary for the protection of the public.

1) Evaluation of the dog by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert in the field and completion of training or other treatment as deemed appropriate by the expert. The owner of the dog shall be responsible for all costs associated with evaluations and training ordered under this subsection; or

2) direct supervision by an adult 18 years of age or older whenever the animal is on public premises.

The Administrator may order a dangerous dog to be muzzled whenever the animal is on public premises in a manner that will prevent it from biting any person or animal, but that shall not injure the dog or interfere with its vision or respiration.

G. Control of a dangerous dog.

Dangerous dogs; leash. It is unlawful for any person to knowingly or recklessly permit any dangerous dog to leave the premises of its owner when not under control by leash or other recognized control methods.

H. Appeal of dangerous dog determination.

Dangerous dog; appeal. The owner of a dog found to be a dangerous dog pursuant to this ordinance by Administrator may file a complaint against the Administrator in the Cook County Circuit Court within 35 days of receipt of notification of the determination, for a de novo hearing on the determination. The proceeding shall be conducted as a civil hearing pursuant to the Illinois Rules of Evidence and the Code of Civil Procedure, including the discovery provisions. After hearing both parties’ evidence, the court may make a determination of dangerous dog if the Administrator meets his or her burden of proof of clear and convincing evidence. The final order of the circuit court may be appealed pursuant to the civil appeals provisions of the Illinois Supreme Court Rules.

The owner of a dog found to be a dangerous dog pursuant to this ordinance by the Director, may, within 14 days of receipt of notification of the determination, request an administrative hearing to appeal the determination. The administrative hearing shall be conducted pursuant to the Department of Agriculture’s rules of application to formal administrative proceedings, 8 Ill. Adm. Code Part 1, Subparts A and B. An owner desiring a hearing shall make his or her request for a hearing to the Illinois Department of Agriculture. The final administrative decision of the Department may be reviewed judicially by the Circuit Court of Cook County. If the plaintiff in a review proceeding is not a resident of Illinois, the venue shall be in Sangamon County. The Administrative Review Law and all amendments and modifications thereof, and the rules adopted thereto, apply to and govern all proceedings for the judicial review of final administrative decisions of the Department hereunder.

Until the order has been reviewed and at all times during the appeal process, the owner shall comply with the requirements set forth by the Administrator, the court, or the Director.

At any time after the final order has been entered, the owner may petition the circuit court to reverse the designation of dangerous dog.

I. Expenses of microchipping.

A clinic for microchipping companion animals of Cook County residents should be conducted at least once a year under the direction of the Administrator at the animal control facility, animal shelter, or other central location within the county. The maximum amount that can be charged for microchipping an animal at this clinic shall be $15. Funds generated from this clinic shall be deposited in the Cook County Animal Control Fund.

J. Violations.

Any person violating or aiding in or abetting the violation of any provision of this ordinance, or counterfeiting or forging any certificate, permit, or tag, or making any misrepresentation in regard to any matter prescribed by this ordinance, or resisting, obstructing, or impeding the Administrator or any authorized officer in enforcing this ordinance, or refusing to produce for inoculation any dog in his possession or who removes a tag from a dog for purposes of destroying or concealing its identity, or who removes a tag, microchip, or tattoo, is guilty of a Class B misdemeanor. A second offense will constitute a Class A misdemeanor.

Each day a person fails to comply constitutes a separate offense. Each State’s Attorney to whom the Administrator reports any violation of this ordinance shall cause appropriate proceedings to be instituted in the proper manner provided by law.

K. Penalties: vicious dog.

If the owner of a vicious dog subject to enclosure:

1) fails to maintain or keep the dog in an enclosure or fails to spay or neuter the dog; and

2) the dog inflicts serious physical injury upon any other person or causes the death of another person; and

3) the attack is unprovoked in a place where such person is peaceably conducting himself or herself and where such person may lawfully be;

the owner shall be guilty of a Class 4 felony unless the owner knowingly allowed the dog to run at large or failed to take steps to keep the dog in an enclosure then the owner shall be guilty of a Class 3 felony. The penalty provided in this paragraph shall be in addition to any other criminal or civil sanction provided by law.

L. Penalties: dangerous dog.

If the owner of a dangerous dog knowingly fails to comply with any order of the court or the Administrator regarding the dog and the dog inflicts serious physical injury on a person or a companion animal, the owner shall be guilty of a Class A misdemeanor. If the owner of a dangerous dog knowingly fails to comply with any order regarding the dog and the dog kills a person the owner shall be guilty of a Class 4 felony.

M. Effective Date.

This Act takes effect upon becoming law.

Approved and adopted this 22nd day of January 2004.