FERAL CATS - ILLINOIS

County of Cook v. Village of Bridgeview

Appellate Court of Illinois, First District, Sixth Division - April 25, 2014 - N.E.3d - 2014 IL App (1st) 122164

This appeal involves two apparently conflicting ordinances that regulate feral cat colonies within Cook County. One of the ordinances was adopted by the county. The other ordinance was adopted by the Village of Bridgeview, a municipality located within Cook County.

The Cook County feral cat ordinance permits individuals living within Cook County, including those living in the Village of Bridgeview, to maintain feral cat colonies provided they participate in trap, neuter, and release (TNR) programs sponsored by approved humane societies.

 The Village of Bridgeview is a home rule municipality located within Cook County. On April 1, 2009, Bridgeview adopted Ordinance No. 09–04. This ordinance prohibits Bridgeview residents from operating feral cat colonies within Bridgeview’s corporate limits and imposes fines on those who fail to comply.

The County filed suit, alleging that the Bridgeview ordinance infringed upon its statutory authority to control and prevent the spread of rabies and control feral cats within Cook County. The County sought a declaration that Bridgeview lacked the statutory and home rule authority to enact its ordinance. The County also sought an injunction prohibiting Bridgeview from enforcing its ordinance.

The court determined that Bridgeview lacked the statutory and home rule authority to enact its ordinance. The court also enjoined Bridgeview from enforcing its ordinance.



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