(a) No person shall own a fierce or vicious dog, as defined in this chapter, or a dog that has been bitten by any animal known to have been afflicted with rabies. A dog may be deemed fierce or vicious if the Village of Franklin or its designee has received more than one bite report involving the same dog. Any dog found to be vicious or afflicted with rabies shall be destroyed unless otherwise disposed of as provided herein.
(b) Upon a sworn complaint to the Village of Franklin or the entity serving the Village that a dog is vicious and has caused serious injury or death to a person or to a dog, the Village of Franklin or the entity serving the Village shall issue a summons to the dog owner ordering him or her to appear and show cause why the dog should not be destroyed.
Upon the filing of a sworn complaint, as provided above, the Village of Franklin or its designee shall order the owner to immediately turn the dog over to a proper animal control authority, to be determined, for proper observation as defined in this chapter.
Upon the filing of a sworn complaint, the court or magistrate shall order the owner to immediately turn the dog over to a proper animal control authority, an incorporated humane society, a licensed veterinarian or a boarding kennel, at the owner's option, to be retained by such entity until a hearing is held and a decision is made for the disposition of the dog. The owner shall notify the person who retains the dog of the complaint and order. The expense of the boarding and retention of the dog is to be borne by the owner. The dog shall not be returned to the owner until it has a current rabies vaccination and a license as required by law.
After a hearing, the magistrate or court shall order the destruction of the dog, at the expense of the owner, if the dog is found to be dangerous and the cause of serious injury or death to a person or a dog. After a hearing, the court may order the destruction of the dog, at the expense of the owner, if the court finds that the dog is dangerous and that although it did not cause serious injury or death to a person, it is likely in the future to do so or in the past has been adjudicated a dangerous dog.
If the court or magistrate finds that a dog is dangerous, but has not caused serious injury or death to a person, the court or magistrate shall notify the animal control authority of the finding of the court, the name of the owner of the dangerous dog, and the address at which the dog was kept at the time of the finding of the court. In addition, the court or magistrate shall order the owner of the dog to do one or more of the following:
(1) Take specific steps, such as escape proof fencing or enclosure, including a top or roof, to ensure that the dog cannot escape or non-authorized individuals cannot enter the premises.
(2) Have the dog sterilized.
(3) Obtain and maintain liability insurance coverage sufficient to protect the public from any damage or harm caused by the dog.
(4) Take any other action appropriate to protect the public.
(Ord. 169. Passed 10-26-89.)