For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPETENT PERSON. A person who is physically and mentally capable of managing and controlling a dog, which is in his or her responsibility while on or off their premises.
DANGEROUS DOG.
(1) Any individual dog which, when unmuzzled, unleashed, or unattended by its owner or a member of its owner's family, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon any street, sidewalk or any public or private property within the city.
(2) The county animal control administrator, or his or her duly authorized representative, or a law enforcement officer, shall make the determination that a dog is a
DANGEROUS DOG, after an investigation has been conducted.
(3) The finding will be made in writing, and shall be hand delivered to the owner or person keeping the dog, or delivered by both certified mail and by first class mail to their last known address through the U.S. Postal Service. Delivery by certified mail shall be considered properly delivered if the certified mail is returned to the city with a notation that delivery was refused or unclaimed.
(4) It shall be unlawful for any person to permit any dangerous dog to leave the premises of its owner when the dog is not securely muzzled and restrained with a leash having a tensile strength of no less than 300 pounds and not exceeding three feet in length, and under the direct control and supervision of the owner or keeper of the dog.
(5) Any dog defined as a dangerous dog under the Illinois Animal Control Act, ILCS Ch. 510, Act 5.
DIRECT CONTROL. The immediate, continuous physical control of a dog by means of a leash and controlled by a person, or a secure fence, or enclosure of such strength to restrain the dog, or safe and secure restraint within a vehicle. Electronic underground fences, ("Invisible Fence") will not be permitted as a direct control device. DIRECT CONTROL shall not apply to law enforcement K-9 participating in training or in the course of their official duties. A dog will be considered "under adequate restraint" if it's owner or owner's representative maintains control by means of a leash, not more than three feet long.
LEASH. A chain or other physical restraint having a tensile strength of not less than 300 pounds.
MUZZLE. A device constructed of a strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.
RUNNING AT LARGE. Any dog or animal found off the owner's premises, which is not accompanied by the owner or representative of the owner, and is not restrained by a leash or other physical restraint or otherwise directly controlled so that it may not enter upon the property of others.
STRAY. Any animal, which is running at large and for which there is no owner present, or ownership cannot be determined.
VICIOUS DOG.
(1) Any individual dog that when unprovoked inflicts bites or attacks a human being or other animal either on public or private property.
(2) Any individual dog with known propensity, tendency or disposition to attack without provocation, to cause injury, or to otherwise endanger the safety of human beings or other animals.
(3) Any individual dog which has been found to be a dangerous dog upon three separate occasions.
(4) Any dog defined as a vicious dog under the Illinois Animal Control Act, ILCS Ch. 510, Act 5.
(5) No dog shall be deemed vicious if it bites, attacks or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it, or is a professionally trained dog for law enforcement.
(6) Vicious dogs shall not be classified in a manner that is specific as to breed, unless permitted by the State of Illinois Animal Control Act.
(7) The county animal control administrator or his or her duly sworn representative or a law enforcement officer shall make the determination that a dog is a
VICIOUS DOG as defined in this section, after an investigation has been conducted.
(8) The finding will be made in writing and shall be hand delivered to the owner or person keeping the dog, or delivered by both certified mail and by first class mail to their last known address through the U.S. Postal Service. Delivery by certified mail shall be considered properly delivered if the certified mail is returned to the city with a notation that delivery was refused or unclaimed. At the same time an impoundment order will be delivered to the owner or keeper of the dog. (Impoundment means taken into custody of the pound, which is operated by the county.)
(9) It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog anywhere within the corporate limits of the city, regardless of the conditions of the animal's enclosure, restraint or controllability.
(10) The owner of any dog in the city which has been found to be vicious, shall surrender the animal to the pound by order of the county animal control administrator of his or her duly authorized representative, or the chief of police or his or her duly authorized representative.
(11) If the owner of the vicious dog has not appealed the impoundment order by filing an appropriate pleading with the Circuit Court of Whiteside County within seven working days, the dog shall be humanely dispatched.
(12) Each day a person fails to comply with the provisions of this section constitutes a separate offense.
(Ord. 1305, passed 3-6-06)