(A) A dog shall not act in a manner consistent with the definition of a vicious 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 and inflicted serious physical injury or death to any person or animal, or if the dog was previously declared a dangerous dog, the dog shall be immediately impounded at a licensed veterinarian clinic, 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 or vicious. Impoundment of a dog may precede filing of a complaint 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 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) If upon completion of the investigating officer's report, the officer believes the dog may be vicious as defined by this chapter, the owner shall be provided notice of an administrative hearing. The notice shall set forth the allegations, the ordinance(s) violated, the potential penalties of a vicious dog determination, and a hearing date, time, and place. If the owner fails to appear for the administrative hearing, the hearing may proceed in the owner's absence.
(G) At the hearing, both parties may be represented by counsel and may present relevant evidence and testimony. The Village Dog Warden shall preside at the administrative hearing and is responsible for determining whether there is clear and convincing evidence the dog is vicious.
(H) A dog shall not be found to be vicious if the actions of the dog were justified because:
(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;
(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.
(I) Upon making a determination, the Village Dog Warden must issue a written order that sets forth the basis for the determination and serve a copy thereof upon the owner. The order shall inform the owner of the right to seek judicial review of the order with the circuit court within 35 days.
(J) The owner or custodian of a vicious 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 vicious dog determination to appeal such finding. However, during all times of the appeal process until an order has been rendered, the owner shall comply with the requirements set forth by the Village Dog Warden.
(K) Alternative to the procedure set forth above, the investigating officer may file an ordinance violation with the Circuit Court seeking a vicious dog determination.
(L) If a dog is found to be a vicious dog, the dog shall be subject to the penalties and restrictions defined in § 91.99.
(Ord. 1939, passed 7-16-18) Penalty, see § 91.99