(A) The owner of a dangerous, vicious or ferocious dog which may cause annoyance or reason-able fear of bodily injury to a person by attacking such person, shall keep the same confined in a secure enclosure or on a leash controlled by the owner or keeper of such dog at all times, and shall not permit such dog to be at large within the village.
(B) If any dangerous dog, when it is necessary for the protection of any person or property, cannot safely be taken up and impounded, such dog may be slain by any police officer of the village; provided, however, that in all cases where any dog so slain has bitten any person or caused an abrasion of the skin of any such person, it shall be the duty of the Police Department slaying such dog to immediately deliver the carcass and brain of such dog to the State Department of Public Health.
(C) The provisions of this section shall supersede any other provisions contained within the village code; provided, however, that, the provisions relating to animal pens shall be in addition to any other provisions contained within the village code.
(D) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any warm or cold blooded non-human mammal, bird or reptile, the keeping of which is not prohibited by § 9-3-18 of the village code.
DANGEROUS ANIMAL. Any individual animal which, if a dog, when unmuzzled and unleashed, or in case of another animal when unrestrained in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack, whether or not the animal completes its attack, or on more than one occasion causes property damage anywhere within the village or within one and one-half miles of the boundaries of the village other than the owners.
OWNER. Any person, partnership, corporation, or any other entity owning, keeping, harboring or having care, custody or possession of an animal whether temporary or permanent.
VICIOUS ANIMAL.
(a) 1. Any individual animal that when unprovoked inflicts physical injury on a human being or other animal either on public or private property;
2. Any individual animal with an observable propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human being or other animals;
3. Any individual animal which attacks a human being or other animal without provocation;
4. Any individual animal which has been found to be a “dangerous animal” on two separate occasions;
5. Any individual animal owned or harbored primarily or in part for the purpose of animal fights;
6. Any individual animal which, upon the complaint or complaints of citizens or upon an observation of an official of the village, based upon its temperament when put into contact with human beings, or other animals, is reasonably believed to be an animal with vicious tendencies:
7. Any individual animal which has been found to be a vicious animal in another jurisdiction; and
8. A
VICIOUS ANIMAL shall be one which exhibits the actions provided within this section within the village or within one and one-half miles of the boundaries of the village.
(b) Each act specified in divisions (a)1. through (a)7. of this definition shall itself be sufficient to bring the act within the definition of
VICIOUS ANIMAL, and each such occurrence shall be a separate event upon which an offense can be based.
(c) An animal shall not be found to be a dangerous or
VICIOUS ANIMAL if the behavior of the animal is exhibited only when it is teased, tormented, abused or assaulted or when a trespass, tort or crime occurs on the premises where the animals located at the time the action takes place or where the animal is protecting or defending a human being within the immediate vicinity from an attack or assault. Nor shall it apply to dogs while utilized by any police department or any law enforcement official in the performance of police work.
(E) The owner of an animal believed to be a dangerous or
VICIOUS ANIMAL shall be served a written notice by the village that it wishes to classify such animal as dangerous or VICIOUS ANIMAL, the notice shall contain the restrictions and requirements to be imposed upon the owner. The owner can accept the classification of the animal, or within seven days after the receipt of such notice may request a hearing before an official of the village or at the election of the Village President, a person selected by the Village President to serve as a Hearing Officer to determine whether the animal should be classified as a dangerous or vicious animal. At such hearing, the official or Hearing Officer shall receive the evidence presented by the village as well as other evidence as to the reasons why the animal should be declared a dangerous or vicious animal. At that hearing either party may present any competent evidence including the testimony of a person experienced in the handling and temperament of animals. The official or Hearing Officer shall within ten days after the hearing issue a written decision and order. That order shall not be further appealed to any other person or body within the village, but either the corporate authorities of the village or the owner of the animal may seek whatever judicial review is available of that decision.
(F) It shall be a violation of this code, punishable by a fine, for a person to own an animal within the jurisdiction stated in this code, which exhibits the characteristics of a dangerous animal. If the official or Hearing Officer should find that a person is the owner of such an animal, he or she shall assess the owner of that animal the amount of not less than $100 for a first offense and $250 for a second offense. Each instance in which an animal shall exhibit the characteristics of a dangerous animal shall be deemed a separate offense. A person so assessed shall have the option of paying to the village the sum assessed or requiring the village to seek a judicial determination that a violation of this code has occurred. Upon such a judicial determination that the offense of owning an animal which exhibits the characteristics of dangerous animal has occurred, the offense shall be punishable by a fine of not less than $300, nor more than $750, for each offense proven to have occurred.
(G) If the official or Hearing Officer should find that a person is the owner of a vicious animal, he or she has an incidence to the privilege of ownership or possession of the vicious animal, (which may be regulated through the power of the village to license and regulate the ownership or keeping of animals), may require one or more of the following, which is found to be reasonable necessary to protect the public safety and welfare:
(1) The placement in a prominent location on the property of the owner of a clearly visible warning sign in specified size indicating that there is a vicious animal on the premises and if a pen is required, a sign may be required to be posted on that pen;
(2) A requirement that the animal, in order to go beyond the premises of the owner, must be securely muzzled and restrained by a chain or leash or its power to attack otherwise restrained and under the physical restraint of a person. The muzzle shall be made in a manner which will not cause injury to the animal or interfere with its vision or aspiration but shall prevent it from biting any human or other animal;
(3) Presentation to the village of a photograph, which, at the request of the village, may be taken by a village photographer, of the animal along with a requirement that the animal be permanently required to wear a collar or other means of identification through which it can be determined that the animal in question has been classified as a vicious animal;
(4) The construction of a pen at a fixed location on the property of the owner which pen may be required to be at least six feet in height forming or causing an enclosure suitable to prevent the entry of young children and suitable to confine a vicious animal in conjunction with other measures which may be taken by the owner such as tethering of a vicious animal. Such pen shall be securely enclosed and locked and designed with secure sides, and bottom, and may be required to have a top and to be embedded into the ground and shall be designed to prevent the animal from escaping. The construction of a pen shall conform to the requirements of a dog run contained in § 6-12-12 of the village code;
(5) A requirement that if the animal is allowed to go out of doors on the property of the owner that it will always be tied in place with either a chain or a leash having a tensile strength of at least 300 pounds;
(6) The owner of a vicious animal may be allowed to take the vicious animal out of doors when not within a pen or on a runline if it is necessary for the owner to obtain veterinary care for the vicious animal or to comply with the order of a court of competent jurisdiction. In such case, the vicious animal must be securely muzzled and restrained with a chain or leash having a tensile strength of at least 300 pounds and not exceeding five feet in length; and the vicious animal shall during all such times be under the direct control and supervision of the owner or keeper specifically chosen by the owner;
(7) To undertake any other reasonable restrictions and requirements which will make the ownership or keeping of a vicious animal consistent with the health and safety of the citizens of the village;
(8) The owner of a vicious animal may be required to present to the village a certificate of insurance indicating that the owner has then in force a liability or a homeowner’s insurance policy providing that the insurance company will indemnify or pay on behalf of the owner any damages or personal injuries caused by the vicious animal. Such insurance policy shall contain such coverage in an amount of not less than $100,000 and shall be issued by an insurance company approved by the Village Attorney, who shall consider the financial capabilities of the company, and shall, thereafter, be kept in full force; and
(9) At intervals of no more often than one year, the official or Hearing Officer may receive a petition from the owner affected seeking to modify the conditions imposed.
(H) It shall be a violation of this code for a person to own or keep a vicious animal or, after an animal is found to be a vicious animal, to fail to take the corrective measures which are ordered as an incident of the power to license and regulate acts possessed by the village. Upon a judicial determination that a violation of this code has occurred, the offense shall be punishable by a fine of not less than $400, nor more than $2,500, for each offense proven to have occurred.
(I) No owner or keeper of a vicious animal shall sell or give away any vicious animal unless the person receiving the animal is given a written notice that the animal has been found to be a vicious animal.
(J) If an animal is believed to be a vicious animal or is found to be a vicious animal and is not being kept under the restrictions and requirements previously imposed, the individual animal in question my be immediately seized and impounded. If an animal is seized and impounded, and the owner of the animal can be determined, a post-seizure hearing will be held within ten days by an official of the village or the Hearing Officer appointed by the Village President. At that hearing, it shall be determined if the animal seized poses an imminent threat to human beings or domestic animals or a continuing threat to property or whether the owner of the animal is unable or unwilling to take the precautions necessary to prevent the animal from posing the threat or to follow the restrictions and requirements previously ordered. Within seven days after the hearing, the village official or Hearing Officer shall render a written decision. That decision may be appealed to the Village Board and thereafter in such manner as such manner decisions may be destroyed, require the animal to be permanently removed from the village, or such other action as may be deemed adequate to alleviate the imminent threat. If a determination is made that the animal does not pose an imminent threat, or has not violated the provisions of previously imposed restrictions and requirements, then the village shall pay all expenses, including shelter, food, veterinary expenses. But if the determination is that the actions of the animal do pose an imminent threat, or that a violation of the previously imposed restriction and requirements have taken place, then the owner shall pay such expenses. When an animal is impounded, pursuant to this section, at the owner’s request and expense, such impoundment may, at the election of the village, be at a veterinary and/or licensed kennel of the owner’s choosing.