(a) Dangerous Dog. Any individual dog, which when either unmuzzled, unleashed, or unattended by its owner or member of the owner’s family, when on any street, sidewalk, or any public place or upon private property that behaves in such a manner that poses an imminent threat of serious physical injury or death to a reasonable person or their companion animal may be declared “dangerous” by the animal control officer. The animal control officer must initiate the investigation and the owner will be notified and afforded the opportunity to meet with the animal control officer prior to making a determination. A dog shall not be declared dangerous if the animal control officer determines the conduct of the dog was justified because:
(1) The threat was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog;
(2) The threatened person was tormenting, abusing, assaulting, or physically threatening the dog or its offspring;
(3) The injured, threatened, or killed companion animal was attacking or threatening to attack the dog or its offspring;
(4) The dog was responding to pain or injury or was protecting itself, its owner, custodian or member of its household, kennel, or offspring.
(b) Possible Actions When Dog Deemed Dangerous. If deemed dangerous the Chief of Police may order the dog to be spayed or neutered and microchipped, if not already, within 14 days at the owner’s expense and one or more of the following as deemed appropriate:
(1) Direct supervision by an adult, 18 years or older, whenever the animal is on public grounds; or
(2) The Chief of Police may order the dog restrained so as not to come into contact with anyone on private property, including the property of the owner, except the owner or members of the owner’s household; or
(3) The Chief of Police may order the dog to be held in an “enclosure”, as defined by this chapter, during those times that the dog is not in the immediate control of its owner and outside of the owner’s house; or
(4) The Chief of Police may order such other reasonable and additional items as the Chief determines is appropriate to protect the safety of the citizens of Christopher, for any dog classified as dangerous, as a condition for remaining within the limits of the City of Christopher.
(c) Dog Not Permitted To Remain Within City. The owner of the dog shall not keep or maintain the dog within the City if the animal control officer finds two or more of the following factors present:
(1) The incident which led to the dog being declared dangerous was unprovoked;
(2) The incident occurred in an area in which there reside children under the age of 13 years, senior citizens, and/or persons possessing a physical or mental impairment;
(3) The dog in question has previously been found to have run at large; or
(4) The nature of and the circumstances surrounding the incident requires that the dog be banned from the City in order to protect the health, safety, and welfare of the citizens.
(d) Owner Informed of Impoundment. The animal control officer shall impound the dog and shall inform its owner, within 24 hours of impoundment, that two or more of the factors enumerated herein exist. The owner shall not allow or permit the dog declared dangerous to return to the City under any circumstances.
(e) Dog Permitted to Remain in City. Any dog declared to be dangerous pursuant to subsection (a) above, but for which two or more of the factors enumerated in subsection (c) of this section do not exist, shall be permitted to remain within City limits. However, such animal shall be restrained so that while on the premises of its owner the animal cannot come into physical contact with anyone who is lawfully on the premises other than its owner and members of the owner’s household. Further, the owner of such animal shall not permit the animal to leave his or her premises unless such animal is muzzled or caged, and the animal may not be tethered at any time within the City limits as the principal means of restraint.
(f) Exemptions. Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, guard dogs, and police dogs are exempt provided an attack or injury to a person or companion animal occurs while the dog is performing duties as expected. To qualify for the exemption, the dog must be inoculated against rabies. The City shall be made aware of all dogs under exemption and their addresses by virtue of owners’ preregistering any such dogs with the City. In the case of a guard dog, the owner shall keep the animal control officer advised of the location where such dog will be stationed. The animal control officer shall provide police and fire departments with a categorized list of all the exempted dogs within the City of Christopher. It is unlawful for any person to knowingly or recklessly permit any dangerous dog to leave the premises of its owner when not under control by leash or other recognized control method.
(g) Potentially Dangerous Dog. Any dog that is unsupervised and found running at large with three or more other dogs is deemed “potentially dangerous,” and must be spayed or neutered and microchipped within 14 days. Failure to comply shall lead to impoundment plus fine(s) in accordance with the general penalty provisions of this Code. If no further incidents occur for a period of 12 months, the “potentially dangerous” declaration may be revoked.
(h) Vicious Dog. Any individual dog that when unprovoked and without justification, inflicts a bite to a human being or any other animal whether on public or private property, attacks a human being or domestic animal without justification and causes serious physical injury or death, or any individual dog that has been found dangerous on three separate occasions is a vicious dog. Vicious dogs shall not be classified “vicious” only on the basis of breed. The results of any investigation into a “vicious dog” shall be turned over to the Franklin County State’s Attorney's Office and to the owner for potential further proceedings under the Illinois Animal Control Act.
(i) Confinement; Disposition; Exemptions. It shall be unlawful to keep any dog which has been declared vicious pursuant to this section or the Illinois Animal Control Act within the City. A dog found to be a vicious dog shall not be released to the owner until the animal control officer approves the removal of the dog, if the dog is not euthanized. No owner or keeper of a vicious dog shall sell or give away the dog without court approval. Any dog which is found to be a vicious dog and has not been removed from the City shall be impounded by the animal control officer. If the owner has not appealed the impoundment order to the Circuit Court within 15 working days, the dog may be euthanized. The owner shall bear all costs of the appeal and costs associated with caring for the dog. The owner shall bear the burden of timely notification to animal control in writing of the appeal. Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, and guard or police owned dogs are exempt from this subsection, provided an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this subsection, each such dog shall be currently inoculated against rabies. It is the duty of the owner of such exempted dog to notify the animal control officer of changes of address. In cases of guard dogs, the owner shall keep the animal control officer advised of the location where such dog will be stationed. The animal control officer 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 them.
(j) Impoundment. Any dog found to be in violation of this section may be impounded by the animal control officer.
(Ord. 1016. Passed 9-12-22.)