(A) A dog shall not act in a manner consistent with the definition of a dangerous dog, as defined by this chapter.
(B) A report can be made to any village police officer by any person who is a victim or a witness to an alleged dog bite or any other infraction of this chapter. An officer shall document the report and set forth the nature and date of the incident, a description of the dog, and if known, the dog owner or custodian's name and/or address. Within ten business days of a report being created, or as soon as otherwise practicable, any village police officer or designee shall provide written notice by personal service or certified mail/return receipt requested to the owner or custodian of the dog. This notice shall advise the owner or custodian of the alleged infraction(s), that an investigation has been initiated, and that the owner or custodian has the option to meet and/or provide a statement to the investigating officer.
(C) After a preliminary investigation, if there is probable cause to believe the dog was not justified in biting any person or animal, the dog may be impounded at a licensed veterinarian clinic by the Village Dog Warden. If the dog is impounded, it shall remain impounded while the investigation is ongoing and shall not be released until the Village Dog Warden or a judge of the Circuit Court orders its release, or makes a finding that the dog is not dangerous. It is at the discretion of the Village Dog Warden to impound a dog if injuries caused by a dog were not considered serious physical injury or death. The dog shall be impounded if it is determined the dog may be suffering from rabies or other communicable diseases, or if it is the best interest of the public. Impoundment of a dog may precede the documentation of a report and notice to the owner of such an infraction if probable cause exists.
(D) If Village Dog Warden or any village police officer requests an owner to procure a dog for impoundment pending an investigation, and the owner fails to procure the dog, the owner may be required to pay for the administrative costs and court costs to enforce the impoundment.
(E) The investigating officer shall conduct a thorough investigation including, but not limited to, gathering any possible medical and/or veterinary evidence pertaining to the victim(s) and the dog, interviewing witnesses, obtaining photographs of injuries, obtaining any behavioral evidence, and making a detailed report. The dog's owner or custodian may supplement the investigation by providing their own evidence, written statements, or obtaining their own behavioral evidence, such as a written report or evaluation by a canine behaviorist. All supplemental evidence, including a behavioral report, shall be at the owner's expense.
(F) Upon completion of the investigation officer's investigation, the officer shall provide all reports, supplemental evidence from the dog's owner or custodian, if any, and any other relevant information to the Village Dog Warden for its determination. Any village police officer involved in such an investigation may ask the Village Dog Warden to make a determination of dangerous dog or to make a determination that the allegations of being a dangerous dog are unfounded or otherwise not sufficiently supported by corroborating evidence.
(G) When a determination is made, the Village Dog Warden shall provide written notice of the determination to the owner or custodian by personal service or certified mail, return receipt requested. If a dog is declared dangerous, the notice shall state all penalties applicable and the right to appeal such a determination within 35 days.
(H) The owner or custodian of a dangerous dog may file a civil complaint against the Village of Channahon in the proper circuit court within 35 days of receipt of notice of the dangerous dog determination. However, during all times of the appeal process until an order has been reviewed, the owner shall comply with the requirements set forth by the Village Dog Warden.
(I) A dog shall not be determined to be a dangerous dog if the actions of the dog were justified for the following reasons:
(1) The person threatened or injured was committing a crime or other offense upon the dog's owner, custodian, member of its household, kennel, or offspring, or was trespassing or committing some other tort upon the property occupied by the dog's owner or custodian; or
(2) The person threatened or injured was abusing, assaulting or physically threatening the dog or its offspring; or
(3) The dog was responding to pain or injury, or was protecting itself, its owner, custodian, or other member of its household, kennel or offspring during the commission of a crime by the person injured.
(J) Alternative to the procedure set forth above, the investigating officer may file an ordinance violation with the Circuit Court seeking a dangerous dog determination.
(K) If a dog is found to be a dangerous dog, the dog shall be subject to the penalties and restrictions defined in § 91.99.
(L) It is unlawful when the dog owner or custodian fails to comply with all restrictions imposed by a finding of a dangerous dog.
(Ord. 1939, passed 7-16-18; Am. Ord. 1947, passed 11-5-18) Penalty, see § 91.99