NEW ITEMS
Meeting of the
County Board Room,
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REQUEST TO DISCHARGE COMMUNICATION NO.
262267 FROM THE COMMITTEE ON
HEALTH AND HOSPITALS PUBLIC HEALTH
SUBCOMMITTEE
FOR REFERRAL TO THE FULL BOARD FOR
APPROVAL, AS AMENDED
ITEM #1
Transmitting
a Communication, dated
EARLEAN
COLLINS, Chairman, Committee on Health and Hospitals Public Health Subcommittee
I
move to discharge Communication No. 262267 from the Committee on Health and
Hospitals Public Health Subcommittee previously approved, as amended in
committee on
262267 AN AMENDMENT REGARDING VICIOUS AND
DANGEROUS DOGS TO THE
The following is a synopsis of the Proposed Ordinance
Amendment:
PROPOSED ORDINANCE
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
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:
B. Declaration of a “vicious” dog.
C. Finding
of a vicious dog.
D. Confinement of a vicious dog.
E. Dangerous
dog determination.
F. Finding of a dangerous dog.
G. Control
of a dangerous dog.
REQUEST TO DISCHARGE COMMUNICATION NO.
262267 FROM THE COMMITTEE ON
HEALTH AND HOSPITALS PUBLIC HEALTH
SUBCOMMITTEE
FOR REFERRAL TO THE FULL BOARD FOR
APPROVAL, AS AMENDED continued
ITEM #1 cont’d
H. Appeal
of dangerous dog determination.
I. Expenses
of microchipping.
J. Violations.
K. Penalties: vicious dog.
L. Penalties: dangerous dog.
M. Effective Date.
This Act
takes effect upon becoming law.
_________________________
Commissioner Silvestri, seconded by Commissioner
Hansen, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner
Collins, seconded by Commissioner Silvestri, moved that Communication No.
262267 be discharged from the Committee on Health and Hospitals Public Health
Subcommittee. The motion carried unanimously.
Commissioner Silvestri, seconded by Commissioner
Hansen, moved that Communication No. 262267 - an Amendment Regarding Vicious
and Dangerous Dogs to the Cook County Animal Control Ordinance be approved, as
amended. The motion carried
unanimously.
04-O-09
ORDINANCE AMENDMENT
Sponsored by
THE
HONORABLE PETER N. SILVESTRI,
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
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.
REQUEST TO DISCHARGE COMMUNICATION NO.
262267 FROM THE COMMITTEE ON
HEALTH AND HOSPITALS PUBLIC HEALTH
SUBCOMMITTEE
FOR REFERRAL TO THE FULL BOARD FOR
APPROVAL, AS AMENDED continued
ITEM #1 cont’d
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
REQUEST TO DISCHARGE COMMUNICATION NO.
262267 FROM THE COMMITTEE ON
HEALTH AND HOSPITALS PUBLIC HEALTH
SUBCOMMITTEE
FOR REFERRAL TO THE FULL BOARD FOR
APPROVAL, AS AMENDED continued
ITEM #1 cont’d
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
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
REQUEST TO DISCHARGE COMMUNICATION NO.
262267 FROM THE COMMITTEE ON
HEALTH AND HOSPITALS PUBLIC HEALTH
SUBCOMMITTEE
FOR REFERRAL TO THE FULL BOARD FOR
APPROVAL, AS AMENDED continued
ITEM #1 cont’d
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
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.
REQUEST TO DISCHARGE COMMUNICATION NO.
262267 FROM THE COMMITTEE ON
HEALTH AND HOSPITALS PUBLIC HEALTH SUBCOMMITTEE
FOR REFERRAL TO THE FULL BOARD FOR
APPROVAL, AS AMENDED continued
ITEM #1 cont’d
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
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
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
REQUEST TO DISCHARGE COMMUNICATION NO.
262267 FROM THE COMMITTEE ON
HEALTH AND HOSPITALS PUBLIC HEALTH
SUBCOMMITTEE
FOR REFERRAL TO THE FULL BOARD FOR
APPROVAL, AS AMENDED continued
ITEM #1 cont’d
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.
PROPOSED CONTRACT ADDENDUM
ITEM #2
Transmitting a Communication
from
requesting
authorization for the Purchasing Agent to increase by $90,000.00 50,000.00
and extend for one (1) year three (3) months, Contract No.
03-42-454 with Lason/Lason, Inc., (MSCI), Rantoul, Illinois, to develop
microfilm, brown toning and storage of microfilm.
Board
approved amount
Increase
requested: 90,000.00 50,000.00
Adjusted
amount: $275,000.00
235,000.00
PROPOSED CONTRACT ADDENDUM continued
ITEM #2 cont’d
|
Reason: |
The
reason for this request is to allow continued services until the bidding,
evaluation and award of a new contract.
The current contract expired |
Estimated
Fiscal Impact: $90,000.00 50,000.00. Contract extension: December
_________________________
Commissioner Silvestri, seconded by Commissioner
Hansen, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner
Butler, seconded by Commissioner Suffredin, moved that the request of the
Recorder of Deeds be approved, as amended and that the County Purchasing Agent
be authorized to increase and extend the requested contract.
Following
discussion, Commissioner Peraica, seconded by Commissioner Silvestri, moved
that the communication be referred to the Committee on Information Technology
and Automation. The motion was
withdrawn.
Returning
to the main motion, Commissioner Butler, seconded by Commissioner Suffredin,
moved that the request of the Recorder of Deeds be approved, as amended and
that the County Purchasing Agent be authorized to increase and extend the
requested contract. The motion
carried unanimously.
PROPOSED CONTRACT
ITEM #3
Transmitting a Communication,
dated
RUTH M. ROTHSTEIN, Chief,
Bureau of Health Services
requesting
authorization for the Purchasing Agent to amend and extend Contract No.
98-43-1089 with Siemens, Inc.,
|
Board approved amount |
$23,802,435.00 |
|
Previous increase approved Previous reduction approved
Previous increase approved This increase requested: |
987,769.00 (2,000,000.00) 158,865.00 6,631,465.00 |
|
Adjusted amount: |
$29,580,534.00 |
|
Reason: |
The
Patient Accounting system from Siemens, Inc. is essential to the Bureau of
Health Services so that we may continue to perform the patient billing
functions essential to our operation.
The term of this contract is through |
Estimated
Fiscal Impact FY1: $3,480,681.00
Estimated
Fiscal Impact FY2: $2,908,416.00
Estimated
Fiscal Impact FY3: $ 242,368.00
Total
Estimated Fiscal Impact: $6,631,465.00
Contract
extension: January 1, 2004 through
January 9, 2006. (714/897-579
Account). Requisition No. 48974007.
Sufficient funds have been appropriated to cover this
request.
_________________________
Commissioner Silvestri, seconded by Commissioner
Hansen, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner Silvestri, seconded by Commissioner
Murphy, moved that the County Purchasing Agent be authorized to amend and
extend the requested contract. The
motion carried unanimously.
PROPOSAL FROM THE LANDMARKS PRESERVATION
COUNCIL OF
ITEM #4
Transmitting
a Communication, dated
ANTHONY
J. PERAICA,
Submitting
a request from
DAVID
BAHLMAN, President, Landmarks Preservation Council of
Re: Reuse
of the
Submitting
for consideration the proposal from the Landmarks Preservation Council of
Illinois for the reuse of the old
_________________________
Commissioner Silvestri, seconded by Commissioner
Hansen, moved to suspend the rules so that this matter may be considered. The motion carried unanimously.
Commissioner
Peraica, seconded by Commissioner Butler, moved that the communication be
referred to the Committee on Construction (Comm. No. 263533) and the Committee
on Health and Hospitals (Comm. No. 263534).
The motion carried unanimously.
PROPOSED BID AWARD FOR ENVIRONMENTAL
ABATEMENT AT THE
STROGER
LETTER REGARDING REDEVELOPMENT PROPOSALS
FOR THE
ITEM #5
Transmitting a Communication,
dated
MICHAEL E. LAMONT, Director,
Office of Capital Planning and Policy
Proposal
for Contract No. 03-53-864 (Bids Report Section IB, Page 1) for environmental
abatement at the Stroger Hospital of Cook County Campus recommending award to
the lowest qualified bidder, Colfax Corporation in the amount of $1,633,100.00.
Note: This item was deferred at the
Finance Committee Meeting of
The
President requested the Director of the Office of Capital Planning and Policy
issue the following letter:
LETTER
Re:
Dear
Developers:
At the
Interested developers are required to prepare their
proposals in accordance with the following evaluation criteria:
1. Compliance with permitted uses in the Illinois Medical
District (IMD) Planned Unit Development No. 30.
2. Comp