(A) Finding that a dog is a vicious dog.
(1) The Animal Control Officer shall have the authority to make a determination that a dog is a vicious dog within the meaning of this chapter.
(2) In the event that the Animal Control Officer shall determine that a particular dog is a vicious dog, the Animal Control Officer shall send to the owner, harborer or possessor of such dog a written complaint and notice to appear in the City’s Administrative Adjudication system. The complaint and notice to appear shall state the reasons for the determination and require the presence of the owner, harborer, or possessor on the hearing date assigned.
(3) On the hearing date, the Hearing Officer shall either reject or confirm the determination made by the Animal Control Officer. If the Hearing Officer confirms the determination that the dog is vicious, the Hearing Officer shall enter an order imposing any applicable penalties authorized by this chapter. If the Hearing Officer rejects the determination, he may modify such determination and enter an order imposing any applicable penalties, or may dismiss the cause.
(B) Keeping of vicious dog prohibited. It shall be unlawful to keep, harbor, own, or in any way possess within the corporate limits of the City any dog which has been determined to be a vicious dog, except that a vicious dog may be kept within the City subject to the requirements contained in this chapter. The Animal Control Officer shall have the right to inspect the premises upon which a vicious dog is kept to ensure compliance with the provisions contained in this section.
(C) Confinement of vicious dog. No person shall possess any vicious dog unless the vicious dog is confined at all times in accordance with this division.
(1) Confinement indoors. No vicious dog may be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit the structure on its own volition. No vicious dog shall be kept in a house or structure when any window is open so that it may escape, or when screen windows or screen doors are the only obstacle preventing the vicious dog from exiting the structure.
(2) Confinement outdoors. No person shall allow or permit a vicious dog to be outdoors except under the following circumstances:
(a) Such dog is confined in an enclosure, as defined in § 90.01; or
(b) Such dog is securely restrained with a chain having a minimal tensile strength of 300 pounds and no longer than three feet in length and is securely fitted with a muzzle.
(3) No person shall permit a vicious dog to be restrained on a chain unless a person over the age of 18 years is in physical control of the chain. No chain restraining any vicious dog shall be attached to any inanimate object, including, but not limited to, trees, posts, stakes and buildings.
(D) Registration. In addition to the license fee required by § 90.11, the owner of a vicious dog shall pay an annual registration fee of $100 and obtain a tag from the Animal Control Officer specifying the animal is vicious. Such tag shall be attached to the collar on the dog at all times. It shall be unlawful to remove, alter, deface, or otherwise damage the vicious dog tag.
(E) Sign required. A person possessing a vicious dog shall display in a prominent place on the premises where a vicious dog is to be kept a sign provided by or approved by the Animal Control Officer, and which is readable by the public from a distance of not less than 100 feet, using the words "Beware - Vicious Dog". A similar sign shall be posted on any enclosure intended to confine the vicious dog.
(F) Insurance. An owner who maintains a vicious dog shall obtain liability insurance coverage in an amount not less than $100,000, insuring said owner against any claim, loss, damage or injury to persons, domestic animals or property resulting from acts, whether intentional or unintentional, of the vicious dog. The owner shall provide a copy of the certificate of insurance at the time of registration of the vicious dog pursuant to this section.
(G) Impoundment of vicious dog.
(1) Any vicious dog found to be at large or found to be otherwise in violation of the provisions of this section shall be impounded by the Animal Control Officer.
(2) If the incident giving rise to the impoundment involved an injury to a person or animal, the Animal Control Officer shall notify the county rabies control administrator pursuant to ILCS Ch. 510, Act 5, § 12, as amended, and shall transfer control of the dog to the administrator in accordance with ILCS Ch. 510, Act 5, § 13, as amended. In such case, the vicious dog shall not be redeemed and shall be destroyed by lethal injection.
(3) If the incident giving rise to the impoundment has involved in no injury to a person or animal, the vicious dog may be redeemed upon the following conditions:
(a) Payment by the owner of all costs and expenses of the impoundment; and
(b) Provision by the owner of evidence satisfactory to the Animal Control Officer that the requirements of this section have been complied with. The Animal Control Officer shall have the right to inspect the premises on which the vicious dog is to be kept in order to confirm such evidence.
(4) Notwithstanding division (F)(3) above, any vicious dog which has been impounded under this section more than once during a 12-month period shall not be redeemed but shall be destroyed by lethal injection.
(H) Microchip.
(1) Any dog which has been found to be a vicious dog shall have a microchip implanted for identification purposes.
(2) The implanting of a microchip shall be performed within 14 days of the determination that the dog is a vicious dog. The owner, keeper or any other person responsible for the dog shall pay the cost of the procedure.
(3) Proof of completion of the procedure shall be provided to the Animal Control Officer immediately upon completion of the procedure. Such proof shall include the microchip number.
(4) In the event the proof is not provided as required above, the dog shall be impounded by the Animal Control Officer. The dog shall be held pending completion of the procedure. The owner, keeper or other person responsible for the dog shall pay a boarding fee of $5 per day or any part of a day the dog is held pending completion of the procedure. If the dog is impounded pending completion, the Animal Control Officer may provide transportation, at the owner’s expense, to a facility which would perform the procedure. If the dog has been held for 45 days without the procedure being completed, the owner shall be deemed to have abandoned and forfeited the dog to the Animal Control Officer, whereupon the dog shall be destroyed by lethal injection.
(I) The owner of a vicious dog shall have such dog spayed or neutered as required in § 90.07.
(J) The owner of a vicious dog shall notify the Animal Control Officer upon any change of address within 72 hours of such change. The Animal Control Officer shall have the right to inspect the new premises to ensure compliance with the provisions contained in this section.
(K) The owner of a vicious dog shall not transfer ownership of such dog. In the event that the owner no longer has the ability to keep such dog, he shall turn over such dog to the Animal Control Officer or veterinarian to be euthanized. If the dog is taken to a veterinarian, proof shall be provided to the Animal Control Officer that such dog has been euthanized.
(Am. Ord. 7904, passed 8-5-97; Am. Ord. 8157, passed 1-2-01; Am. Ord. 8330, passed 12-2-03; Am. Ord. 8633, passed 2-3-09) Penalty, see § 90.99