(A) Investigation. The investigating officer must conduct an investigation and determine, in writing, whether that dog should be declared “vicious” if an investigating officer learns that a dog has:
(1) Attacked a person or other domestic animal without justification and has caused serious physical injury or death;
(2) Demonstrated a propensity to attack people or other domestic animals without provocation;
(3) Posed a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal upon three separate occasions; or
(4) Bitten and/or nipped a person or other domestic animal without justification upon three separate occasions.
(B) “Vicious dog” determination.
(1) An investigating officer must conduct an investigation and make a written finding that the dog is a “vicious dog” as defined by this subchapter. The investigation shall include, but is not limited to:
(a) Sending notice to the dog’s owner within ten business days that an investigation has been initiated and affording the owner an opportunity to meet with the investigating officer prior to the making of a determination;
(b) Gathering of any medical or veterinary evidence;
(c) Interviewing witnesses; and
(d) Making a written report.
(2) A dog shall not be declared vicious if an investigating officer determines the conduct of the dog was justified because:
(a) The threat, injury, or death was sustained by a person who at the time was committing a crime or offense upon the owner of the dog or was committing a willful trespass or other tort upon the premises or property occupied by the owner of the dog;
(b) The threatened, injured, or killed person was abusing, assaulting, or physically threatening the dog or its offspring or has in the past abused, assaulted, or physically threatened 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, or a member of its household, kennel, or offspring.
(3) The statement of a certified applied behaviorist, a board-certified veterinary behaviorist, or another recognized expert may be relevant to the determination of whether the dog’s behavior was justified pursuant to the provisions of this section.
(4) No dog shall be deemed a “vicious dog” unless shown to be a vicious dog by clear and convincing evidence. No dog shall be declared vicious based solely on its breed.
(5) An investigating officer shall provide notice of his, her, or their determination that a dog is vicious by causing such notice to be sent immediately to the dog’s owner by personal service or by registered or certified mail, return receipt requested. The delivery of the notice shall be deemed to be sufficiently given on the date it is delivered in person or three calendar days after being deposited for delivery in the United States mail with proper postage prepaid. If the dog is determined to be a “vicious dog,” notice of the owner’s right to appeal the determination shall be delivered to the owner together with the notification that the dog is a “vicious dog.”
(C) Owner’s obligations. After a dog has been determined to be vicious, the owner shall comply with the following requirements.
(1) Confinement.
(a) Confinement indoors. No vicious dog may be kept on a porch, patio, or in any part of a residence or structure that would allow the vicious dog to exit the residence or structure on its own volition. No vicious dog shall be kept in a residence or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the vicious dog from exiting the residence or structure.
(b) Confinement in an exterior yard. No person shall confine a vicious dog in an exterior area unless such dog is confined in a confinement structure constructed and maintained as set forth in this subchapter.
(c) Confinement on a leash. No person shall permit a vicious dog to go outside a confinement structure, residence, or other structure unless the vicious dog is securely restrained with a leash no longer than four feet in length and with a muzzle. No person shall permit a vicious dog to be kept on a leash unless a person is in physical control of the leash. No leash restraining any vicious dog shall be attached to any inanimate object including, but not limited to, trees, posts, stakes, and buildings.
(d) Exceptions. A vicious dog may be allowed out of confinement when:
1. It is necessary for the owner to obtain veterinary care for the vicious dog;
2. In the case of an emergency or natural disaster where the dog’s life is threatened; or
3. To comply with the order of a court of competent jurisdiction, provided that the dog is securely muzzled and restrained with a leash not exceeding four feet in length, and shall be under the direct control and supervision of the owner or keeper of the dog or muzzled in its residence.
(2) Spaying/neutering. If a dog is deemed to be “vicious,” the investigating officer shall order the dog to be spayed or neutered and microchipped, if not already, within ten calendar days. The dog’s owner shall be responsible for all costs associated with spaying or neutering and microchipping.
(3) Signage. The owner of a vicious dog shall display in a prominent place on the premises where the dog is to be kept a sign which is readable by the public from a distance of not less than 100 feet using the words “Beware of Dog-Vicious Dog.” A similar sign shall be posted on any confinement structure.
(4) License.
(a) Application. After a dog has been declared vicious, within 48 hours of delivery of such notice, the owner or custodian shall file an application for a license to possess a vicious dog with the Village Clerk on a form prescribed and provided by the village. The application for such license shall be accompanied by all of the following:
1. Verification of the owner’s identity and current address by providing a photostatic copy of the owner’s driver’s license or state identification card;
2. Proof of ownership or custody of the vicious dog;
3. A copy of the current immunization and health record of the vicious dog prepared by a veterinarian licensed to practice in the state;
4. A certificate of insurance evidencing coverage in an amount not less than $100,000 providing coverage for any injury, damage, or loss caused by the vicious dog;
5. Two photographs of the vicious dog to be licensed taken not less than one month before the date of the application. One photograph shall provide a front view of the vicious dog and one photograph shall show a side view of the vicious dog; and
6. An annual license fee as assessed by the Board of Trustees.
(b) Investigation of premises. Upon receipt of an application, the Village Clerk shall forward such application to the Police Department which shall cause an inspection of the premises on which the vicious dog shall be kept to determine that all provisions of this subchapter relating to keeping of a vicious dog have been complied with by the applicant. Upon completion of the inspection, the Police Department shall notify the Village Clerk in writing of the results of its inspection and recommendation as to whether the application should be approved or denied. The failure of an applicant to comply with a police officer’s request to conduct an investigation of the premises shall be grounds for the rejection of an application.
(c) Approval or denial of application. Upon receipt of the results of the Police Department inspection, the Village Clerk shall notify the applicant of the approval or denial of the license application. In the event that the license application is denied, the notification shall be provided in writing and the reasons for such denial shall be stated. Upon approval of the license application, the Village Clerk shall issue a license to the applicant.
(d) Reporting requirements of a licensee. Any person holding a license pursuant to this section shall report the incidence of any of the following events to the village’s Police Department or Village Clerk:
1. The sale, barter, exchange, gift, or death of any vicious dog, within 48 hours of such event;
2. The escape from confinement or theft of any vicious dog, immediately upon discovery of the escape or theft;
3. The biting or nipping of any person or animal by a vicious dog, immediately upon discovery of the occurrence;
4. The birth of any offspring of a vicious dog, within 48 hours of the birth of the offspring; and
5. The permanent removal of any vicious dog from the corporate limits of the municipality, within 48 hours of such removal by surrender of the license to the Village Clerk.
(e) Renewal of license. The owner shall submit a written application on an annual basis and comply with all requirements set forth in this section, including an inspection of the premises and payment of an annual license fee.
(f) Revocation of license. In addition to any other penalty provisions of this subchapter, a license granted pursuant to this section shall be automatically revoked upon any violation by the licensee of any provision of this section.
(Ord. 2010-05, passed 8-17-2010) Penalty, see § 90.99
Cross-reference:
Fee schedule, see § 33.32