Legal interpretation

[Strutter769]

Attention Everyone:

Snakes and reptiles are LEGAL in Elgin, Illinois! I will have that IN WRITING by the end of the week.

(May I ask our amazing breeders to PM me some details and assistance in getting a business license?)

Thanks for reading!

[hellosugaree]

Originally Posted by Strutter769

If you'll remember, yesterday we discussed temporarily re-homing Amelia Mae for our friend Jazzmyne. In that thread, I mentioned that it may not necessarily be legal here in Elgin... and apologize as ithat may NOT be entirely accurate. I've presented below the actual statute as provided by the City of Elgin's website:

"D. It is unlawful to keep, harbor, possess, maintain, or have the care or custody in the city of: (1) any snake, reptile or lizard that is physically capable of injuring any person, regardless of age, by bite, poison, constriction or other means; (2) any lion, tiger, cougar, jaguar, panther, bobcat, mountain lion, lynx, ocelet, leopard, any hybrid thereof or any other similar feline animal; (3) any wolf, coyote, jackal, fox, wild dog or hybrid thereof; (4) any bear or bison; (5) any rodent weighing more than one pound, with the exception of guinea pigs; (6) any non-canine animal not native to North American continent which when full grown normally attains the weight in excess of 200 pounds; and (7) any monkey, gorilla, chimpanzee or other similar ape-like primate. Any animal, snake, reptile, rodent or other creature prohibited to be kept, harbored, possessed or maintained i the city pursuant to this Section is declared hereby to be public nuisance and may be" apprehended and impounded at any time by a police officer or the Animal Control Officer. If such animal cannot be relocated safely to an entity licensed to handle the dangerous animal in the sole discretion of the Chief of Police, the Chief of Police may order the humane destruction of such animal. This section shall not apply to properly zoned and constructed zoos, federally licensed exhibits, circuses, animal refuges, or licensed scientific or research laboratories."

Now I ask you, am I able to own a snake or reptile in Elgin? Well, I posed that very same question to Mr. Chris Beck, the Attorney for the City.

His response: "I'm not sure!"

He went on to say: "Let me get in contact with the Animal Control officers and see how they've been enforcing it and I'll get back to you."

My friends, I DO believe that snakes and reptiles ARE in fact LEGAL in Elgin!!

Stand by for more details as they arrive!

How cool would this be?

Ok, please interpret the statute as you understand it below.

Thanks!

This really depends on enforcement since it is vaguely written. If you interpret it in an extreme sense, it basically bans all reptiles because pretty much any reptile can bite you. However, I really don't think this is what the law was meant for. This is really up to the people who enforce the law on what they feel the law is really trying to do.

I would certainly say that no retics, burms, etc. Large boas--maybe. Smaller pythons, etc, I wouldn't see as a problem. Here is why I think this: The law says any snake capable of harming a person by bite, poison, constriction, etc. ALL snakes can bite and cause a bloody finger or whatever. BUT, the law does not just ban snakes outright--it makes a qualifier of being able to injure someone. From this, I would expect that one can reasonably assume injury as defined in the section goes beyond a bite from a small/medium snake.

Regardless of what the law really says, once again it depends on how they enforce it. Police officers are required by law to have probable cause to search people and their vehicles. However, they also routinely perform searches without probable cause, assuming that if they find something the person is still screwed either way. In that case, the law doesn't mean anything.

Interpret it how you think is reasonable, after checking with local authorities. If you are satisfied with an interpretation that says there is reasonable expectation that injury defined by the law is greater than a nip on the hand, then keep snakes. Besides that, they are going to be inside your house. You are not keeping a meth lab inside, just some snakes. The FBI isn't going to be busting down your door any time soon. I am in no way telling you to break any laws. I think a reasonable neutral person would interpret the law you cited as not entirely banning all snakes or even all constricting snakes.

[Strutter769]

They haven't questioned my 9' BCI, so I know large boas are ok. I think my Madagascans might get a bit larger though.