(A) (1) In order to have a dog deemed “vicious” as defined in this chapter, the administrator, his or her designated agent, or animal control officer must give notice of the infraction that is the basis of the investigation to the owner. Said officers must:
(a) Conduct an investigation; and
(b) Make a report finding that the dog is a vicious dog.
(2) The administrator may impound said dog upon finding the dog is a vicious dog. The administrator will determine where the animal shall be confined during the pendency of the case.
(B) A dog may not be declared vicious if the administrator determines the conduct of the dog was justified because of the following.
(1) The threat, injury, or death was sustained by a person who, at the time, was committing a crime or offense upon the owner or custodian of the dog, or upon the property of the owner or custodian of the dog.
(2) The injured, threatened, or killed person was abusing or assaulting the dog.
(3) No dog shall be declared vicious if it is a professionally trained dog for law enforcement in the performance of its duties. Vicious dogs shall not be classified in a manner that is specific as to breed.
(C) If a dog is found to be a vicious dog, the administrator may order said dog euthanized. No owner or keeper of a vicious dog shall sell, harbor, keep, or give away any vicious dog.
(D) An animal impounded under this section will not be returned to the owner if the animal is found to be vicious. Animal(s) subsequently found to be vicious will be turned over by the village to an appropriate agent or agency for humane dispatch.
(Prior Code, § 5-5-20) (Ord. 688, passed 3-1-2010)