A. Filing A Complaint: The village of Beach Park or authorized agent, animal control warden, the state's attorney or any citizen/resident of Beach Park in which a dangerous animal exists may file a complaint in the name of the people of the state of Illinois to enjoin all persons from maintaining or permitting same to leave his premises when not under control by leash or muzzle or other recognized control method(s).
B. Unlawful; Public Nuisance: It is unlawful for any person to maintain a public nuisance by permitting any dangerous animal to leave the premises of its owner when not under control by leash and muzzle.
C. Violation; Restraining Order: If the existence of the nuisance is established, the owner of such animal shall be in violation of this section and in addition, the court shall enter an order restraining the owner from maintaining such nuisance and may order that such animal be humanely dispatched (refer to subsection 6.06.050H of this chapter).
1. "Vicious domestic animal" means that the administrator, animal warden, law enforcement officer or judge of the circuit court has determined that an animal is vicious based on the following condition(s):
a. Any animal that, without provocation or by its behavior or physical condition constitutes an immediate threat to human beings or animals, inflicts a bite or bites or attacks a human being or other animal either on public or private property on one reported occasion will be disallowed from returning to the corporate limits of the village (refer to subsection 6.06.050H of this chapter),
b. Any animal with a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals, or
c. Any animal that has a reported, documented or verified reputation for charging human beings or other animals in an unprovoked manner, or
d. Any individual animal which has been found to be a "dangerous animal" on one reported occasion.
D. Exceptions: No animal shall be deemed "vicious" if it bites, attacks or menaces anyone who has tormented or abused it or is a professionally trained animal for law enforcement or on the basis of its breed.
E. Subject To Enclosure: If an animal is found to be a vicious animal, the animal shall be subject to enclosure within a seven (7) day period. Before construction of the enclosure, the vicious animal must be under direct control of the "owner" as specified in section 6.06.020, "Definitions", of this chapter. (Subsection 6.06.050H of this chapter applies to all sections of this chapter.)
1. Confinement Indoors: No vicious dog may be kept on a porch, patio or in any part of a house or structure that would allow the vicious dog to exit the structure on its own volition. No vicious dog shall be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the vicious dog from exiting the structure.
2. Confinement In An Exterior Yard: No person shall confine a vicious dog in an exterior area unless such dog is confined in a confinement structure constructed and maintained in accordance with this chapter as so stated in subsection E4, "Enclosure", of this section.
3. Confinement On Leash: No person shall permit a vicious dog to go outside a confinement structure, house or other structure unless the vicious dog is securely restrained with a leash no longer than six feet (6') in length and with a muzzle. No person shall permit a vicious dog to be kept on a leash unless a person is in physical control of the leash. No leash restraining any vicious dog shall be attached to any inanimate object including, but not limited to, trees, posts, stakes and buildings.
4. Enclosure: A fence or structure of at least six feet (6') in height, forming or causing an enclosure suitable to prevent the entry of small children and suitable to confine a vicious animal in conjunction with other measures which may be taken by the owner or keeper, such as tethering of a vicious animal within the enclosure. Such 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.
F. Obligations Of Owner: After an animal has been declared vicious, within twenty four (24) hours the owner needs to:
1. Obtain a license from the village (application filed with the village clerk),
2. Show proof of identity (driver's license),
3. Show proof of ownership of vicious dog; copy of immunization and health record prepared by a veterinarian licensed in Illinois,
4. Provide certificate of insurance evidencing coverage not less than three hundred thousand dollars ($300,000.00),
5. Provide two (2) photos of vicious dog(s),
6. Pay a license fee of two hundred dollars ($200.00) per dog,
7. Pay an annual registration fee of one hundred dollars ($100.00) per dog,
8. Owner must display a sign in a prominent place on the premises where a vicious dog is to be kept. This sign must be readable by the public using the words "BEWARE OF VICIOUS DOG". A similar sign shall be posted on the confinement structure. Licensure shall be conditioned on the continued compliance with this section.
Additional information may be required by the village clerk, at which point the animal owner will be notified of approval or denial of a license.
G. Reporting Requirements Of Licensee: Any person holding a license pursuant to this chapter shall report the incidence of any of the following events:
1. The sale, barter, exchange, gift or death of any licensed vicious dog shall be reported within twenty four (24) hours.
2. The escape from confinement or theft of any licensed vicious dog shall be reported upon discovery of the escape or theft.
3. The biting or nipping of any person or animal by a licensed vicious dog shall be reported upon occurrence. Such an incident gives the village the authority to call for the impoundment of such animal(s) and to disallow such animal(s) back into the village.
4. The birth of any offspring of a licensed vicious dog shall be reported within twenty four (24) hours of such removal by the birth of the offspring.
5. The permanent removal of any licensed vicious dog from the territorial limits of the municipality shall be reported within twenty four (24) hours of such removal by surrender of the license of the owner to the village clerk.
6. Except as provided in subsection D of this section, the report of any incident required to be reported under this section shall be made to the law enforcement authorities and Lake County health department.
H. Revocation Of License: A license granted pursuant to this chapter shall be automatically revoked upon any violation of the licensee of any provision of this chapter. In the event of revocation of the license, the village shall retain the license fee.
I. Further Provisions: For the purposes of this section, it shall be unlawful for any person to keep or maintain any animal which has been found to be a vicious animal unless such animal is at all times kept in an enclosure. An animal found to be a vicious animal may be allowed out of the enclosure provided that the animal is securely muzzled and under the direct control and supervision of the owner or keeper of the animal, with a chain having a tensile strength sufficient to restrain the animal and not exceeding three feet (3') in length.
1. Any animal which has been found to be a vicious animal and which is not confined to an enclosure or not under the direct control and supervision of the owner, keeper or harborer as stated above shall be impounded by the village through the animal control warden, or the law enforcement authority having jurisdiction in such area. A notice of impoundment shall include the following: a) the owner's name, address and telephone number, b) the name, address and telephone number of any witnesses, c) an animal report number, d) a statement of violation, e) an accurate description of the animal(s) involved, with photos, f) date/time violation occurred, g) date on which the animal(s) was impounded, h) signature of the authorized agent for the village and/or law enforcement agency, i) disposition date animal(s) impounded may be turned over to licensed veterinarian for destruction by lethal injection.
2. The animal may be humanely destroyed, if: a) the owner of the animal has not appealed the notice of impoundment to the circuit court in the county in which the animal was impounded within seven (7) working days, and b) the owner of the animal has not notified the Lake County animal control program in writing of the appeal or impoundment within the aforementioned seven (7) working day time period. An animal found to be a vicious animal shall not be released to the owner until the administrator, or animal control warden approves the enclosure as defined in this section.
3. No owner or keeper of a vicious animal shall sell or give away the animal.
4. Guide animals for the blind or hearing impaired, support animals for the physically handicapped, or police owned animals are exempt from this section; provided, an attack or injury to a person occurs while the animal is performing duties as expected. To qualify for exemption under this section, each animal shall be currently inoculated against rabies in accordance with section 6.06.090 of this chapter and shall have completed a training course certified or accredited by a recognized or official law enforcement, security/protection or disabled services agency, for the purpose of guard or support services. It shall be the duty of the owner of such exempted animal to notify the administrator of changes of address. In the case of a guard animal, the owner shall keep the administrator advised of the location where such animal will be stationed. The administrator shall provide police and fire departments with a categorized list of such exempted animals, and shall promptly notify such departments of any address changes reported to him. (Ord. 2007-O-84 § 2)