(a) A dangerous dog means any dog which approaches any person in an apparent attitude of attack either upon public or private property, or approaches any domesticated animal in an apparent attitude of attack off the property of the owner or keeper of the dog. A dog is considered to be found dangerous, and subject to the provisions of this section, under the following circumstances:
(1) The circuit court has found the dog to be a dangerous dog as defined herein and has entered an order based on that finding; or
(2) A duly appointed hearing officer for the City of Freeport has found the dog to be a dangerous dog as defined herein and has entered an order based on that finding; or
(3) A finding is made in accordance with the following procedure:
A. An Animal Control Officer, or any adult person may request, under oath, that a dog be classified as a dangerous dog by submitting a sworn, written complaint on a form approved by the Animal Control Officer. Upon receipt of such complaint, the following persons can conduct an investigation: the Stephenson County Animal Control Administrator (the "Administrator"), or his or her duly authorized representative, a City or County Animal Control Officer or Warden or a law enforcement officer. The owner of the dog shall be notified that a complaint has been filed and that an investigation into the allegations as set forth in the complaint will be conducted.
B. At the conclusion of the investigation, the investigating official may:
1. Determine that the dog is not dangerous and, if the dog is impounded, release the dog to its owner, with impoundment fees incurred during the period of investigation being waived; or
2. Determine that the dog is dangerous and, if the dog is impounded and Section 612.05(b) is complied with, release the dog to the owner after the owner has paid all fees incurred for the impoundment. If all impoundment fees have not been paid within ten business days after a final determination that a dog is dangerous, the official may cause the dog to be humanely destroyed.
(4) Notice. Within five days after declaring a dog dangerous, the official shall notify the owner of the dog's designation as a dangerous dog, and of the requirements and conditions for keeping the dog, as set forth herein. The notice shall inform the dog owner that he may request, in writing, a hearing to contest the finding and designation within five business days after delivery of the dangerous dog designation notice. Failure of the dog owner to request a hearing shall result in the dog being finally declared a dangerous dog and shall subject the dog and its owner to the provisions of this section.
(5) Appeal. A hearing shall be set within fifteen days after receiving the dog owner's timely written request for such a hearing. The Animal Control Officer shall provide notice of the date, time and location of the hearing to the dog owner and to the complainant by regular mail. At the hearing, all interested persons shall be given the opportunity to present evidence on the issue of the dog's dangerousness. Criteria to be considered in a hearing required by this section shall include, but not be limited to, the following:
A. Provocation;
B. Severity of attack or injury to a person or domestic animal;
C. Previous aggressive history of the dog;
D. Observable behavior of the dog;
E. Site and circumstances of the incident; and
F. Statements from interested parties.
(6) If the official determines that a dog is dangerous at the conclusion of a hearing conducted hereunder, that decision shall be final unless the dog owner appeals to a court of competent jurisdiction for any remedies that may be available within ten days after receiving notice that the dog has been finally declared dangerous.
(b) It shall be unlawful for any person to keep or maintain any dog which has been found to be a dangerous dog unless the person meets the following requirements:
(1) Registration of dangerous dogs. The owner shall register a dangerous dog within ten days of the dog being declared dangerous. The dog must be registered by April 1 of each year thereafter. The dog shall be registered with the city clerk. The cost of each registration shall be two hundred dollars ($200.00).
(2) Transfer of ownership. The owner of a dangerous dog shall not transfer ownership of such animal to any other person without providing the city clerk and the Animal Control Officer with the name and address of the new owner.
(3) Spaying or Neutering. Within ten business days of the declaration that the dog is dangerous, such dog must be spayed or neutered, if the dog is six months of age or older, and if not, then within ten business days of dog attaining such age.
(c) No person shall permit any dangerous dog to leave the premises of its owner when not under control by leash and muzzled or within and enclosed vehicle.
(d) The owner of any dog found to be dangerous shall maintain such animal in such a manner as to prevent its coming in contact with any person not residing with the owner.
(e) Any dog found to be a dangerous dog on three separate occasions shall be deemed a vicious dog, and reported to the Animal Control Officer as such.
(Ord. 2004-26. Passed 5-3-04; Ord. 2004-51. Passed 9-7-04; Ord. 2005-23. Passed 6-20-05; Ord. 2009-25. Passed 4-6-09.)