(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS OR VICIOUS ANIMALS. This term shall mean:
(a) Has inflicted severe injury on or kills a human being without provocation on public or private property;
(b) Has inflicted bites on or attacked a human being or other domestic animal without provocation on public or private property;
(c) Has killed a domestic animal without provocation while off the owner’s property;
(d) Has been previously found to be potentially dangerous, the owner having received notice of such and the animal again aggressively bites, attacks, attempts to attack or endangers the safety of humans or domestic animals; or
(e) Any animal owned, harbored, trained or used for fighting against another animal.
OWNER. Any person, firm, corporation, organization or department possessing, harboring, keeping, having an interest in or having control or custody of an animal.
POTENTIALLY DANGEROUS ANIMALS. This term shall mean:
(a) Any animal that in a vicious or terrorizing manner approaches any person in an apparent attitude of attack on any public way or in any public place or attempts to attack any person in any public way or in any public place; or
(b) Any animal with a known propensity, tendency or disposition to attack without provocation, to cause injury or otherwise to endanger the safety of human beings or domestic animals.
(B) Notice.
(1) The Police Department shall give notice to the owner of animals which have been determined to be dangerous or vicious or potentially dangerous as defined in division (A) of this section after conducting an investigation and making a finding in writing that the animal is dangerous or vicious or potentially dangerous.
(2) Notice shall be served by personal service, certified mail, return receipt requested, to the last known address of the owner or by posting of the premises where the animal is being harbored, kept or maintained.
(3) Notice is not a prerequisite to proving knowledge but notice given to an owner shall be prima facie evidence that the owner had acted knowingly.
(C) Appeal.
(1) Any decision of the Police or other Department may be appealed to the Village Comptroller or his or her designee by the owner of the animal which has been determined to be dangerous or vicious or potentially dangerous within 15 days of service of the notice defined in division (B) of this section.
(2) The Village Comptroller, or his or her designee, shall select a Hearing Officer to hear the appeal.
(3) The Hearing Officer shall have the power and authority to:
(a) To hear an appeal by an owner of the Police or other Department’s finding of a dangerous or vicious animal or a potentially dangerous animal;
(b) Conduct a hearing on the reclassification of an animal that has been found to be potentially dangerous;
(c) Sustain, overrule or modify the Police or other Department’s finding of a dangerous or vicious animal or a potentially dangerous animal;
(4) During the Hearing Officer’s hearing, the owner shall have the opportunity to present evidence that the animal is not dangerous or vicious or potentially dangerous or that the animal has been rehabilitated.
(D) Rehabilitation and reclassification of animal found to be potentially dangerous.
(1) No petition for the reclassification of an animal found to be potentially dangerous will be considered within 180 days of such classification of the Police Department or other department or the finding of the Hearing Officer.
(2) After the 180-day period, the owner may petition the Police Department to have the designation of potentially dangerous removed. The Police Department shall have 30 days within which to consider the petition. The owner may submit any written material deemed appropriate. A written decision shall be issued by the Chief of Police or his or her designee within said 30 days.
(3) An owner shall have the right to petition the Village Comptroller within seven days of a Police Department’s denial of reclassification.
(E) Running at large. It shall be unlawful for any person to permit any dangerous or vicious animal or any potentially dangerous animal to run at large within the village.
(F) Killing in order to protect person or property. Any member of the Police Department or any other person in the village may kill any dangerous or vicious animal or potentially dangerous animal when it is necessary for the protection of any person or property.
(G) Enclosures.
(1) The owner of a dangerous or vicious animal shall not allow the animal outside the owner’s dwelling unless:
(a) The animal is in a locked enclosure secure on all sides and on the top against intrusion by domestic animals and humans other than the owner; or
(b) Is muzzled and under restraint and the direct control of the owner.
(2) The owner of a potentially dangerous animal shall not allow the animal outside the owner’s dwelling unless the animal is under restraint and the direct control of the owner.
(H) Additional provisions. In addition to the regulations imposed with regard to both potentially dangerous and dangerous or vicious animals, the following additional provisions shall apply to dangerous or vicious animals.
(1) License. Every dangerous or vicious animal shall have a license. In order to obtain a license for a dangerous or vicious animal, the owner of the animal shall present to the village proof that the owner has procured liability insurance in the amount of $100,000, issued by an insurer authorized to underwrite risks in this state, covering any damage or injury which may be caused by the dangerous or vicious animal during the license period. The insurance policy shall contain a provision that the village, through its Comptroller, will be notified 30 days prior to any cancellation of the policy. Each license shall bear a different number.
(2) Warning sign. The owner of a dangerous or vicious animal shall post a sign no smaller than 16 inches high by 24 inches wide, bearing the legend, “Warning – Dangerous Animal” in print no smaller than 3 inches high and the license number of the animal in print no smaller than 1 inch high. The sign shall be posted at the entry to the building in which the animal is kept in such a way as to be visible from the nearest public sidewalk.
(3) Identification. The owner of an animal determined dangerous or vicious shall, at his or her own expense, have the dangerous animal license number assigned to the animal tattooed upon the animal’s left ear or, if the left ear is not available, on the left inner thigh, by a licensed veterinarian. As an alternative to tattooing, an owner may have a microchip injected beneath the skin and between the shoulder blades of the animal by a licensed veterinarian. The owner shall provide proof satisfactory to the Police Department of such tattooing or micro-chipping within 30 days of the dangerous determination.
(I) Exception. Animals shall not be declared dangerous or vicious or potentially dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the animal or was tormenting, abusing or assaulting the animal or has, in the past, tormented, abused or assaulted the animal or was committing or attempting to commit a crime.
(J) Impoundment. Any dangerous or vicious animal or potentially dangerous animal kept, harbored or maintained in violation of this section shall be subject to impoundment and destruction by the Police Department. If a dangerous or vicious animal or potentially dangerous animal possessed, harbored or maintained in violation of this section bites, attempts to attack, or inflicts any other injury on any person other than its owner, the owner of the animal shall be subject to a fine as set forth in this chapter.
(`95 Code, § 92.03) (Am. Ord. 87-10, passed 8-26-87; Am. Ord. 01-32, passed 9-26-01; Am. Ord. 6-100, passed 10-25-06; Am. Ord. 9-23, passed 8-19-09
) Penalty, see § 92.99