As used in this chapter, and unless otherwise defined in the Codified Ordinances of the Village, certain terms are defined as follows:
(a) "Dangerous dog" means a dog which, has chased or approached in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person, or which presents a risk to the safety of any person, or which has caused serious physical injury or death to another domestic animal.
(1) A "dangerous dog" shall not include the following:
A. A police dog that is being used to assist one or more law enforcement officers in the performance of their duties.
(2) It shall be prima-facie evidence that a dog is dangerous if its owner, keeper or harborer has been notified in writing by the Chief of Police that the dog is considered dangerous, based on the following:
A. One or more verified incidents reported to the Village that the dog (i) has chased or approached in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person or (ii) has caused serious physical injury or death to any domestic animal.
(3) A determination by the Chief of Police that a dog is dangerous may be appealed as set forth in Section 505.23.
(b) "Menacing fashion" means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(c) "Owner, keeper or harborer" means a person who owns, provides shelter or cares for an animal, or otherwise has control of or is responsible for such animal.
(d) "Police dog" means a dog that has been trained, and may be used, to assist one or more law enforcement officers in the performance of their official duties.
(e) "Verified" means substantiated by investigation or confirmed by formal oath or affidavit.
(f) "Vicious dog" means a dog that has attacked any person with such severity or has caused such physical harm so as to cause a reasonable person to conclude that the dog presents a substantial risk to the safety of any person. A "vicious dog" shall not include a police dog.
(1) It shall be prima-facie evidence that a dog is vicious:
A. If its owner, keeper or harborer has been notified in writing by the Chief of Police that the dog is considered vicious, based upon the following:
1. One or more verified incidents reported to the Village that the dog has attacked any person with such severity or has caused such physical harm so as to cause a reasonable person to conclude that the dog presents a substantial risk to the safety of any person; or
2. One or more verified incidents reported to the Village that the dog has killed another domestic animal.
B. If state law provides that it is prima facie evidence that a dog is vicious if it belongs to a particular breed. In that event, the ownership, keeping, or harboring of such a breed of dog shall be prima facie evidence of the ownership, keeping, or harboring of a vicious dog.
1. A determination by the Chief of Police that a dog is vicious, pursuant to subsection (f)(1)A. or B. of this Section may be appealed as set forth in Section 505.23.
(g) "Chief of Police" for the purposes only of this chapter shall mean the Chief of Police as designated in Chapter 129 of the Codified Ordinances or his or her designee.
(h) "Without provocation" for the purposes of this chapter shall mean that (i) a dog was not teased by a person or animal, (ii) tormented by a person or animal, (iii) abused by a person, or (iv) the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.
(Ord. 2020-36. Passed 10-12-20.)