Before
any such action is taken, attempt to discuss the problem with
your neighbor to determine if an amicable solution is possible.
If not, the law may allow you to cut that part of the branch
that is hanging over onto your property, so long as no permanent
damage is done to your neighbor’s tree. The law does not
permit you, however, to go on to your neighbor’s property and
cut the branch, or cut any branches or parts thereof that are
located on your neighbor’s property.
For
clarification on the rights and responsibilities involved, or if
your property has been damaged because of falling branches from
a neighbor’s tree and you wish to seek payment for damages,
you should seek the services of a private attorney, as a tree on
private property is generally considered a private matter.
How
high may grass and weeds exceed on a property before the City
will take enforcement actions?
Grass,
vegetation, or weeds exceeding 10" in height and/or
obstructing the view of pedestrians or vehicular traffic are
subject to code enforcement activities by the City.
My
neighbor’s dog barks constantly. What can I do?
If
the noise created by a dog or cat is not repetitive but rather
an isolated incident, and/or you feel the animal may be in
danger or is not being properly cared for, please contact the
Animal Control Division at 309-797-0741 or the Moline Police
Department’s non-emergency number at 309-797-0401.
For
continued and repetitious noise situations, the City encourages
neighboring residents who encounter such a situation to first
talk to the animal’s owner or keeper regarding the situation.
It is possible that the owner or keeper may not be aware that
the animal is frequently or persistently creating noise or that
the noise is disturbing to neighboring residents.
It
is a violation of the City’s Code of Ordinances for a dog or
cat to cause excessive noise that unduly annoys or disturbs a
neighborhood. *
Subsection
7-2102(a) of the Code states in full:
“No
person shall own, keep, or harbor any dog or cat that, by
frequent or excessive loud barking, howling, or yelping, unduly
annoys or disturbs the quiet of any neighborhood within the
City. However, this subsection shall not apply to the
business property of a licensed kennel, pet shop or
veterinarian, or to the property of any licensed or City-owned
animal shelter or animal control facility. If the
Community Service Section of the Moline Police Department finds
that a dog or cat has been left outdoors and unattended for
longer than one (1) hour anytime between 10:00 p.m. and 6:00
a.m. on the following day, and the department has probable cause
to believe that a violation of this section has occurred, and if
the dog’s or cat’s owner or keeper is not home or refuses to
take said dog or cat indoors, then, upon obtaining a signed
statement from a complainant, the department may impound the dog
or cat, which may be disposed of as provided in Article III of
this chapter.”
Subsection
7-2102(b) provides the penalties for said offense:
“Any
person convicted of violating subsection (a) above as a first
offense, shall be fined not less than fifty dollars ($50.00)
plus court costs nor more than seven hundred fifty dollars
($750.00) plus court costs. Any person convicted of violating
subsection (a) above as a second offense shall be fined not less
than one hundred dollars ($100.00) plus court costs nor more
than seven hundred fifty dollars ($750.00) plus court costs.
Any person convicted of violating subsection (a) above as a
third or subsequent offense shall be fined not less than two
hundred dollars ($200.00) plus court costs nor more than seven
hundred fifty dollars ($750.00) plus court costs.”
The
Court may order additional remedies as provided for in
subsection 7-2102(c).
*It
is important to note that pursuant to provisions of the Code, to
successfully prosecute a case of excessive dog or cat noise
through the Court, the City must find that the nuisance created
by a dog or cat affects or unduly disturbs the quiet of a
neighborhood as opposed to one individual complainant.
Therefore, the City usually requires more than one complainant
from different households before it can proceed to file a
complaint against the animal’s owner. Upon receipt of a
complaint call, the Animal Control Division can assign a
Community Service Officer to survey the neighborhood to
determine whether other neighbors have been, or are being,
unduly disturbed by the noise.
To
file a complaint with the Animal Control Division, also known as
the Community Service Section of the Moline Police Department,
please call 309-797-0741. The Animal Control Division
follows the following procedure:
Any
person wishing to register a complaint against the owner or
keeper of a dog/cat creating a nuisance by frequently or
excessively barking, howling or yelping must first maintain a
Dog/Cat Noise Complaint Log. A detailed, specific, and
accurately kept log will give the City a better chance of
success if the case should be referred to court or an
administrative hearing unit. After this log is completed
and signed, please return it to the City Attorney’s Office,
Attn. Deputy City Attorney, City Hall – East Annex Building,
1616 – 16th Street, Moline, IL 61265.
All
Dog/Cat Noise Complaint Logs will be reviewed, and if warranted,
charges will be filed against the animal owner or keeper.
To further increase the City’s likelihood of success if legal
action becomes necessary, please provide the names of other
witnesses / neighbors, and ask them to complete Dog/Cat Noise
Complaint Logs as well. Without more than one witness, the
matter becomes your word against that of the owner or keeper and
prosecution is unlikely.
In
response to a complaint, the Animal Control Division will send a
letter to the dog/cat owner or keeper notifying him or her that
a complaint was made and providing the owner or keeper with
information about ways to solve the problem of excessive noise.
The letter encourages the owner or keeper to cooperate by
voluntarily taking action to solve the problem.
To
view or download a
Dog/Cat Noise Complaint Form,
click
here.
Who
should I contact regarding other complaints of excessive noise?
Please
contact the Moline Police Department at its non-emergency phone
number of 309-797-0401.
Where
is the Moline Township Office located?
620
– 18th Avenue
Moline,
IL 61265
Phone:
309-764-3558
Assessor’s
Office:
620
– 18th Avenue
Moline,
IL 61265
Phone:
309-764-3559
South
Moline Township Office:
2515 - 53rd Street,
Moline, IL 61265
Phone:
309-736-0814
Where
is the Illinois Quad City Chamber of Commerce located?
622
– 19th Street
Moline,
IL 61265
Phone:
309-757-5416
Which
Better Business Bureau office serves Moline?
Better
Business Bureau / Quad Cities
2435
Kimberly Road, Suite 175 N.
Bettendorf,
IA 52722
Phone:
563-355-6344
E-mail:
info@dm.bbb.org
Can
I request community service through the City for an ordinance
violation rather than appearing in the Rock Island Circuit
Court?
No.
The City Attorney’s office does not authorize community
service work; it is only granted by the Court’s presiding
judge. To request community service work as a penalty for
your offense, you must appear in Court.
Do
my parents need to come to the Rock Island Circuit Court with me?
Juveniles
must be accompanied by a parent or guardian to enter a plea of
guilty or not guilty with the Court.
Do
I need to hire an attorney to appear in the Rock Island Circuit Court with me?
For
ordinance violation cases, you are not required to have an
attorney present in Rock Island Circuit Court nor will a public attorney be
appointed to your case. Each individual ordered to
appear in Rock Island Circuit Court must use his or her own discretion in
deciding whether to hire an attorney to defend his or her case.
Please
be advised that the City Attorneys who represent the City of
Moline in ordinance violation cases act in the role of
prosecutors for the City and cannot provide you with legal
advice.
If
I plead guilty, how much will I be fined?
Many
ordinance violation offenses carry a minimum fine that will be
imposed if you plead or are found guilty and a fine is ordered
by the Court. Those fines are varied. A chart
containing the City’s minimum fines for ordinance violation
offenses may be found in Chapter 2 of the City’s Code of
Ordinances; see the related link for “Code of Ordinances,”
Section 2-6110, or
click
here. In addition to the minimum fine, you will be
charged court costs by the Court. Court costs range from $79
upward depending on the amount of the fine imposed.
What
form of payment is accepted at the Rock Island Circuit Court?
Payment
must be in the form of cash, money order, certified check,
cashier’s check, or a personal check containing a check number
of 500 or higher. Credit card payments are not accepted.
What
happens if I plead guilty and I pay my fine to Rock Island
Circuit Court or
complete my assigned public service work?
The
City will close its case against you once a Court fine has been
paid in full or public service work has been satisfactorily
completed.
Online Service Request
