(A) Any person aggrieved by a determination under this subchapter that a dog is a “dangerous dog” or “vicious dog” shall have to file a complaint against the village in the Circuit Court of the county within 21 calendar days of receipt of notification of the determination, for a de novo hearing on the determination.
(B) The proceeding shall be conducted as a civil hearing in accordance with the state’s Rules of Evidence and the Code of Civil Procedure, being 735 ILCS 5/1-101, including the discovery provisions.
(C) After hearing both parties’ evidence, the court may make a determination of “dangerous dog” if the village meets its burden of proof by a preponderance of the evidence or the court may make a determination of “vicious dog” if the village meets its burden of proof by clear and convincing evidence.
(D) The final order of the circuit court may be appealed pursuant to the civil appeals provisions of the state’s Supreme Court Rules.
(E) In the event that a civil suit to appeal the determination of an investigating officer is not taken within 21 calendar days, the owner shall be deemed to have acquiesced in the finding or decision and the matter shall be deemed concluded.
(Ord. 2010-05, passed 8-17-2010)