A. Information Gathered; Notice Issued: In order to have a dog deemed "vicious", the administrator, deputy administrator, or law enforcement officer must give notice of the infraction that is the basis of the investigation to the owner, conduct a thorough investigation, interview any witnesses, including the owner, gather any existing medical records, veterinary medical records or behavioral evidence, and make a detailed report recommending a finding that the dog is a vicious dog and give the report to the state's attorney's office and the owner.
B. Complaint Filed: The administrator, state's attorney, director or any citizen of the county in which the dog exists may file a complaint in the circuit court in the name of the "people of the state of Illinois" to deem a dog to be a vicious dog.
C. Expert Testimony: Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert may be relevant to the court's determination of whether the dog's behavior was justified. The petitioner must prove the dog is a vicious dog by clear and convincing evidence.
D. Confinement Of Animal Pending Decision: The administrator shall determine where the animal shall be confined during the pendency of the case.
E. Nonvicious Determination:
1. A dog may not be declared vicious if the court 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 or custodian of the dog, or was committing a wilful trespass or other tort upon the premises or property owned or occupied by the owner of the animal;
b. The injured, threatened, 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; or
c. The dog was responding to pain or injury, or was protecting itself, its owner, custodian, or member of the household, kennel, or offspring.
2. No dog shall be deemed vicious if it bites and is a professionally trained dog for law enforcement or guard duties.
F. Vicious Determination; Conditions And Procedure: If the burden of proof has been met, the court shall deem the dog to be a vicious dog. Vicious dogs shall not be classified in a manner that is specific as to breed.
1. Spaying/Neutering; Microchipping; Confinement: If a dog is found to be a vicious dog, the dog shall be spayed or neutered within ten (10) days of the finding, at the expense of its owner, and microchipped, if not already, and is subject to enclosure. A dog found to be a vicious dog shall not be released to the owner until the administrator or an animal control warden approves the enclosure.
2. Sale Requires Court Approval: No owner or keeper of a vicious dog shall sell or give away the dog without court approval.
3. Relocation; Notice To County: Whenever an owner of a vicious dog relocates, he or she shall notify both the administrator of the Grundy County animal control and the administrator of the county animal control where he or she has relocated.
4. Confinement Requirements: It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog unless the dog is kept in an enclosure. The only times that a vicious dog may be allowed out of the enclosure are:
a. If it is necessary for the owner or keeper to obtain veterinary care for the dog;
b. In the case of any emergency or natural disaster where the dog's life is threatened; or
c. 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 six feet (6') in length, and shall be under the direct control and supervision of the owner or keeper of the dog or muzzled in its residence.
d. If the animal control agency has custody of the dog, the agency may file a petition with the court requesting that the owner be ordered to post security. The security must be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the animal control agency or animal shelter in caring for and providing for the dog pending the determination. Reasonable expenses include, but are not limited to, estimated medical care and boarding of the animal for thirty (30) days. If security has been posted in accordance with this subsection, the animal control agency may draw from the security the actual costs incurred by the agency in caring for the dog.
e. Upon receipt of a petition, the court must set a hearing on the petition, to be conducted within five (5) business days after the petition is filed, the petitioner must serve a true copy of the petition upon the defendant.
f. If the court orders the posting of security, the security must be posted with the clerk of the court within five (5) business days after the hearing. If the person ordered to post security does not do so, the dog is forfeited by the operation of law and the animal control agency must dispose of the animal. (Source: PA 93-548, eff. 8-19-03.)
5. Impoundment Of Unconfined Dog; Euthanasia:
a. Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded by the administrator, or an animal control warden or the law enforcement authority having jurisdiction in such area.
b. If the owner of the dog has not appealed the impoundment order to the thirteenth judicial circuit court of Grundy County within fifteen (15) working days, the dog may be euthanized.
c. Upon filing a notice of appeal, the order of euthanasia shall be automatically stayed pending the outcome of the appeal. The owner shall bear the burden of timely notification to the county animal control agency in writing.
G. Exemptions:
1. Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, and sentry, guard, or police owned dogs are exempt from this section, provided, an attack or injury to a person occurs while the dog is performing duties as expected.
2. To qualify for exemption under this subsection, each such dog shall be currently inoculated against rabies in accordance with section 4-2-5 of this chapter.
3. It shall be the duty of the owner or keeper of such exempted dog to notify the administrator of changes of address.
4. In the case of a sentry or guard dog, the owner shall keep the administrator advised of the location where such dog will be stationed.
5. The Administrator shall provide Police and Fire Departments with a categorized list of such exempted dogs and shall promptly notify such departments of any address changes reported to him or her.
H. Vicious Dog Determination: If a dog is found to be a vicious dog, the owner shall pay a one hundred dollar ($100.00) public safety fine to be deposited into the Pet Population Control Fund, the dog shall be spayed or neutered within ten (10) days of the finding at the expense of its owner and microchipped, if not already, and the dog is subject to enclosure. If an owner fails to comply with these requirements, the Animal Control Agency shall impound the dog and the owner shall pay a five hundred dollar ($500.00) fine plus impoundment fees to the Animal Control Agency impounding the dog. The Judge has the discretion to order a vicious dog be euthanized. A dog found to be a vicious dog shall not be released to the owner until the Administrator, an Animal Control Warden, or the Director approves the enclosure. No owner or keeper of a vicious dog shall sell or give away the dog without approval from the Administrator or court. Whenever an owner of a vicious dog relocates, he or she shall notify both the Administrator of County Animal Control where he or she has relocated and the Administrator of County Animal Control where he or she formerly resided. (Ord. 06-009, 6-13-2006)
Notes
| 1 | 1. 510 ILCS 5/16. |