(A) An animal control officer or any adult person may request under oath that a dog be classified as vicious by submitting a sworn, written complaint on a form approved by the animal control officer. Upon receipt of the complaint, the animal control officer shall notify the owner of the dog that a complaint has been filed and that an investigation into the allegations as set forth in the complaint will be conducted. During the investigation:
(1) The custody of any dog which is the subject of the investigation shall not be transferred by its owner to any other person; nor shall the place of maintenance of the dog be changed from its owner’s residence during that time, without the consent of the animal control officer; and
(2) In addition, the dog may be ordered impounded by the animal control officer if he or she has reason to believe that during the investigation the dog will cause an immediate danger to the community if it is not immediately impounded. The owner may appeal the impoundment order to the Police Chief at any time. The Police Chief, or his or her designee, shall give the owner a hearing within three business days of the filing of the appeal.
(B) At the conclusion of an investigation, the animal control officer may:
(1) Determine that the dog is not vicious and, if the dog is impounded, waive any impoundment fees incurred and release the dog to its owner; or
(2) Determine that the dog is vicious and order that the dog be humanely destroyed.
(3) Determine that the dog is dangerous, in which case the provisions of § 90.045 of this subchapter shall apply.
(C) (1) Within five business days after declaring a dog vicious, the animal control officer shall notify the owner and the complainant of the dog’s designation as a vicious dog. The notice shall inform the dog owner that he or she may request, in writing, a hearing to contest the finding and designation within five business days after delivery of the vicious dog designation notice, by filing the request with the animal control officer no later than five days after receiving the notice. Upon receipt of a request for a hearing, the animal control officer shall promptly notify and deliver the request to the hearing officer designated in § 90.045(D)(2) below.
(2) Within five business days after finding a dog not vicious, the animal control officer shall notify the complainant and the owner of this finding. The notice shall inform the complainant that he or she may request, in writing, a hearing to contest the finding, by filing said request with the animal control officer no later than five days after receiving the notice. Upon receipt of a request for a hearing, the animal control officer shall promptly notify and deliver the request to the hearing officer designated in § 90.047(D)(2) below.
(D) (1) Upon a request for a hearing being filed as set forth in division (C) above, a hearing shall be held in an expeditious manner, no later than 15 days after the date the request for the hearing was received by the animal control officer.
(2) The hearing shall be held before a hearing officer appointed by the Mayor with the advice and consent of the City Council. The hearing officer shall not be an employee of the city nor of the entity which employs the animal control officer.
(3) The hearing 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 viciousness. 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.
(E) The determination by the hearing officer that a dog is vicious or not vicious at the conclusion of a hearing conducted under this chapter shall be final, subject to the right to appeal the determination to a court of competent jurisdiction pursuant to Illinois law. A determination by the hearing officer that the dog is vicious shall include an order that the dog be humanely destroyed.
(F) If no hearing is requested pursuant to division (C)(1) above, the dog shall be humanely destroyed.
(G) The dog owner shall be responsible for payment of all boarding costs and other fees as may be required for the city to humanely and safely keep the animal during any legal proceeding.
(1990 Code, § 4-25) (Ord. 99-1916, passed 9-7-1999; Ord. 09-3266, passed 11-2-2009; Ord. 13-3429, passed 12-16-2013)