A dog may be determined to be a vicious dog, as defined in § 90.16(A), and thus subject to the requirements of this section, in one of the two following ways:
(A) A court of competent jurisdiction may declare the dog to be vicious in an independent or related civil or criminal proceeding; or
(B) The Chief of Police or his or her designee may provide written notice to the owner or other person harboring or having care or control of the dog that the Chief of Police or his or her designee has determined the dog to be vicious. Such notice shall be given by personal service, ordinary mail or by posting on the property at which the person resides. Any person aggrieved by the order of the Chief of Police or his or her designee hereunder may appeal such order in writing to the Village Zoning Board of Appeals, which decision shall be the final decision of the village. Such appeal shall be filed within five working days of the date of notice, and heard within 20 working days of the date the appeal is filed. The filing of a notice of appeal hereunder shall stay the requirements of § 90.16, but shall not preclude the Chief of Police or his or her designee or the County Board of Health from impounding the dog if otherwise permitted by this chapter or other provision of law and shall not in any way relieve the owner or other person harboring or having care or control of the dog from civil or criminal liability for injury or damage caused by the dog or for violations of provisions of this chapter other than § 90.16.
(Ord. 03-2009, passed 2-2-2009)