(A) In order to have an animal deemed “vicious,” an animal control officer, Chief of Police, or the Village Attorney, must give notice of the infraction that is the basis of the investigation to the owner. The police department shall conduct a thorough investigation, interview any witnesses, including the owner, gather any existing medical records, veterinary medical records, or behavioral evidence, and make a detailed report recommending a finding that the animal is a vicious animal, and give the report to the State’s Attorney’s office and the owner. The State’s Attorney, or Village Attorney, or animal control officer may file a complaint in the circuit court to deem a dog to be a vicious dog. Testimony of a certified applied behaviorist, a board-certified veterinary behaviorist, or another recognized expert may be relevant to the court’s determination of whether the dog’s behavior was justified. The petitioner must prove the dog is a vicious dog by clear and convincing evidence. The county animal control shall determine where the animal shall be confined during the pendency of the case. The provisions and appeal rights of this section shall be carried out pursuant to § 15 of the Animal Control Act, 510 ILCS 5/15.
(B) If the dog is found to be a vicious dog, the dog shall be spayed or neutered within 10 days of the finding at the expense of its owner and microchipped, and subject to enclosure. A dog found to be a vicious dog shall not be released to the owner until the animal control warden or Chief of Police approves the enclosure. No owner or keeper of a vicious dog shall sell or give away the dog without court approval. Whenever an owner of a vicious dog relocates, he or she shall notify both the administrator of county animal control where he or she has relocated and the administrator of county animal control where he or she formerly resided.
(C) It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog unless the dog is kept in an enclosure. The only times that a vicious dog may be allowed out of the enclosure are (1) if it is necessary for the owner or keeper to obtain veterinary care for the dog, (2) in the case of an emergency or natural disaster where the dog’s life is threatened, or (3) to comply with the order of a court of competent jurisdiction, provided that the dog is securely muzzled and restrained with a leash not exceeding six feet in length and that it shall be under the direct control and supervision of the owner or keeper of the dog or muzzled in its residence.
(D) Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded by the administrator, an animal control warden, or the law enforcement authority having jurisdiction in such area.
(E) If the owner of the dog has not appealed the impoundment order to the circuit court in the county in which the animal was impounded within 15 working days, the dog may be euthanized.
(F) Upon filing notice of appeal, the order of euthanasia shall be automatically stayed pending the outcome of the appeal. The owner shall bear the burden of timely notification to animal control in writing.
(G) Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, and sentry, guard, or police-owned dogs are exempt from this section, provided that an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this section, each such dog shall be currently inoculated against rabies in accordance with § 90.04 . It shall be the duty of the owner of such exempted dog to notify the administrator of changes of address. In the case of a sentry or guard dog, the owner shall keep the administrator advised of the location where such dog will be stationed. The administrator shall provide police and fire departments with a categorized list of such exempted dogs and shall promptly notify such departments of any address changes reported to him or her.
(Ord. 05-31, passed 7-26-05) Penalty, see § 90.99