(A) "Found to be vicious" means that an animal control warden or law enforcement officer has conducted an investigation and made a finding in writing that the dog is a "vicious dog" and based on that finding, the animal control warden or law enforcement officer has declared in writing that the dog is a vicious dog; or
(B) The circuit court has found the animal to be a "vicious dog" and has entered an order based on that finding.
(C) No dog shall be deemed "vicious" if it bites, attacks or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it or is a professionally trained animal for law enforcement.
(D) If the dog is found to be "vicious", the dog shall be subject to enclosure. "Enclosure" means a fence or structure no larger than ten feet (10') wide and no longer than twenty feet (20') in depth, measured perpendicular from the width. The maximum height of the fencing material may not exceed six feet (6') and fencing material shall be limited to wire mesh, chainlink fencing material suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of a vicious dog 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 dog from escaping from the enclosure. The surface of the enclosure shall be of concrete, asphalt, concrete paving blocks or other impervious material as approved by the village building department.
(E) It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog unless such dog is at all times 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 owner or keeper to obtain veterinary care for the dog, or
2. To comply with the order of the circuit court, provided that the dog is securely muzzled and restrained with a chain having a tensile strength of three hundred (300) pounds and not exceeding three feet (3') in length, and that the dog shall be under the direct control and supervision of the owner or keeper of the dog.
(F) Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded by the animal control warden or law enforcement officer and shall be turned over to a licensed veterinarian for destruction by lethal injection.
A notice of impoundment shall include the following:
1. The owner's name, address and telephone number.
2. The name, address and telephone number of any witnesses.
3. A case report number and statement of violation.
4. An accurate description of the animal or animals involved.
5. Date/time violation occurred and date/time which the dog or dogs were impounded.
6. Signature of the chief of police.
7. Disposition date.
(G) The dog may be humanely destroyed if the owner of the dog has not appealed the impoundment order to the circuit court within seven (7) working days or the owner of the dog has not notified the Beecher police department in writing of the appeal or impoundment within the aforementioned seven (7) working days' time period.
(H) A dog found to be a vicious dog shall not be released to the owner until the chief of police or animal control warden approves the enclosure as defined in this section.
(I) No owner or keeper of a vicious dog shall sell or give away the vicious dog.
(J) Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, 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 dog shall be currently inoculated against rabies in accordance with the Will County animal control ordinance. It shall be the duty of the owner of such exempted dog to notify the chief of police of changes of address. In the case of a sentry or guard dog, the owner shall keep the chief of police advised of the location where such dog will be stationed. The chief of police 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.
(K) The chief of police, Will County state's attorney, or any citizen of the village may file a complaint in the name of the people of the village to enjoin all persons from maintaining or permitting such, to abate the same, and to enjoin the owner of such dog from permitting same to leave his premises when not under control by leash or other recognized method.
(L) Upon the filing of a complaint in the circuit court, the court, if satisfied that the nuisance may exist, shall grant a preliminary injunction with bond in such amount as the court may determine enjoining the defendant from maintaining such nuisance.
(M) If the existence of the nuisance is established, the owner of such dog, shall be in violation of this chapter, and in addition, the court shall enter an order restraining the owner from maintaining such nuisance and may order that such dog be humanely dispatched. (Ord. 1173, 2-11-2013)