(A) General restrictions.
(1) It shall be unlawful for any person to own, keep, harbor, possess, care for or act as custodian for, within the village, any dog that has been deemed vicious under this chapter.
(2) Any dog in the village which has been found to be vicious shall be ordered impounded by the Administrator or its authorized representative, county animal control officer or its authorized representative, or a law enforcement officer, and shall be delivered over to a licensed veterinarian for humane destruction in compliance with the provisions of the Illinois Animal Control Act, being 510 ILCS 5. Upon the taking of said vicious dog, the Administrator, county animal control officer, one of their authorized representatives or a law enforcement officer, shall forthwith notify the owner or keeper of such vicious dog personally or by mail of such event and the location where the animal is being held, unless such owner is unknown or cannot be found.
(3) If the owner of a vicious dog has not appealed the impoundment order to the circuit court of the county in which the animal was impounded within seven working days, the dog shall be humanely dispatched. A dog found to be vicious shall not be released to the owner except upon final order of a court of competent jurisdiction. All costs incurred for boarding the animal during such appeal shall be paid by the owner.
(4) It is unlawful for any person to maintain a public nuisance by permitting any dangerous dog or other animal permitted to be regulated under state law to leave the premises of its owner when not under control by a leash or other control method.
(B) Vicious dog and dangerous dog determination. In order to find a dog to be a vicious dog or dangerous dog as defined herein:
(1) The Administrator, his or her duly authorized representative or law enforcement officer shall:
(a) Send within ten business days of the Administrator becoming aware of the alleged infraction, notifications to the owner of the alleged infractions, and of the fact of the initiation of an investigation;
(b) Afford the owner an opportunity to meet with the Administrator prior to the making of a determination;
(c) Conduct a thorough investigation, in which he or she may gather any medical or veterinary evidence and interview witnesses; and
(d) Make a finding in writing that the dog is a vicious dog or dangerous dog, as applicable, as defined herein and, based on that finding, the Administrator or his or her duly authorized representative has declared in writing that the dog is a vicious dog or dangerous dog.
(2) The circuit court has found the dog to be a vicious dog or dangerous dog as defined herein and has entered an order based on that finding. A copy of the finding that a dog is a vicious dog shall be delivered to the owner or keeper of the dog either personally or via registered or certified mail at the same time that the impoundment order is delivered to the owner or keeper of the dog. A copy of the finding that a dog is a dangerous dog shall be delivered to the owner or keeper of the dog either personally or via registered or certified mail within seven working days following such determination.
(C) Exceptions.
(1) A dog shall not be declared dangerous or vicious if the Administrator, or his or her designee, determines the conduct of the dog was justified because either:
(a) 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 or was committing a willful trespass or other tort upon the premises or property occupied by the owner of the animal;
(b) The threatened person was tormenting, abusing, assaulting or physically threatening the dog or its offspring;
(c) The injured, threatened or killed companion animal was attacking or threatening to attack the dog or its offspring; or
(d) The dog was responding to pain or injury or was protecting itself, its owner, custodian or a member of its household, kennel or offspring.
(2) Testimony of a certified applied behaviorist, a board certified veterinary behaviorist or other recognized expert may be relevant to the determination of whether the dog’s behavior was justified pursuant to the provisions of this division (C).
(Prior Code, § 5-3-4) (Ord. 2009-04, passed 9-8-2009) Penalty, see § 95.99