(A) Definitions. As used in this section:
RECKLESS DOG OWNER. A person who owns a dog or dogs that have been declared a vicous dog, by a court of law pursuant to the Animal Control Act. (See 510 ILCS 5/15)
VICIOUS DOG DECLARATION. A judicial declaration by a court of law pursuant to the Animal Control Act (510 ILCS 5/15) that a person’s dog is a vicious dog (as that term is defined in 510 ILCS 5/2.19b).
(B) The City Council finds that due to the demonstrated tendency of reckless dog owners to allow their dogs to run at large or otherwise encounter and attack a person, allowing further dog possession by a reckless dog owner could constitute a danger to human life, health or property, or produces material annoyance, inconvenience, discomfort or injury to the health or welfare of any person. The City Council hereby declares as a nuisance: (a) vicious dogs; and (b) further possession of dog(s) by a reckless dog owner. To prevent a future nuisance, reckless dog owners should be prohibited from maintaining, owning, or in any manner possessing a dog as set forth herein. The city shall be allowed to abate this declared nuisance in any manner available to it in law or equity, including but not limited to a monetary fine as set forth herein.
(C) The City Attorney shall forward a notice to the reckless dog owner that they are prohibited from possessing a dog for five years. This notice may be mailed by postage pre-paid first-class U.S. mail at the reckless dog owner’s last known address.
(D) A reckless dog owner is prohibited from maintaining, owning or in any manner possessing a dog in the city for a period of five years from the date a vicious dog declaration is made by a court of law. This prohibition includes prohibiting a reckless dog owner from maintaining ownership of a dog that the reckless dog owner already possesses. This prohibition also prohibits a reckless dog owner from possessing and/or owning a subsequent dog.
(E) This section shall apply prospectively and retroactively. The city specifically finds that the prevention of dog attacks and the harm it causes are of such an important public benefit that a retroactive application of this section overcomes any costs resulting from the retroactive application.
(F) Any person who violates this section shall be fined not less than $150 for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 21-0622-257, passed 6-22-2021)