A. Investigation And Determination Of Dangerous Dog: After a thorough investigation, including: sending within ten (10) days of the Administrator becoming aware of the alleged infraction, notifications to the owner of the alleged infractions, the fact of the initiation of an investigation, and affording the owner an opportunity to meet with the Administrator prior to the making of a determination; gathering of any medical or veterinary evidence; interviewing witnesses; and making a detailed written report, an Animal Control Warden, Deputy Administrator, or Law Enforcement Agent may ask the Administrator, or his or her designee, to deem a dog to be "dangerous". No dog shall be deemed a "dangerous dog" unless shown to be a dangerous dog by a preponderance of evidence. The Administrator may impound the dog during the period of investigation and the owner shall pay an administrative fee of two hundred dollars ($200.00) for those services rendered upon the conclusion of the investigation. (Ord. 06-009, 6-13-2006; amd. Ord. 2017-010, 8-8-2017)
B. Expert Testimony: Testimony 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.
C. Notice To Owner: The owner shall be sent immediate notification of the determination by registered or certified mail that includes a complete description of the appeal process.
D. Nondangerous Determination: A dog shall not be declared dangerous if the Administrator, or his or her designee, or the Director determines the conduct of the dog was justified because:
1. The threat 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 occupied by the owner of the animal.
2. The threatened person was abusing, assaulting, or physically threatening the dog or its offspring.
3. The injured, threatened, or killed companion animal was attacking or threatening to attack the dog or its offspring.
4. The dog was responding to pain or injury or was protecting itself, its owner, custodian, or a member of its household, kennel, or offspring.
1. Spaying/Neutering; Microchipping; Training; Supervision: If deemed dangerous, the Administrator, or his or her designee: a) shall order the dog's owner to pay a fifty dollar ($50.00) public safety fine to be deposited into the Pet Population Control Fund, b) shall order the dog to be spayed or neutered within fourteen (14) days at the owner's expense and microchipped, if not already, and c) shall order one or more of the following provisions as deemed appropriate under the circumstances and necessary for the protection of the public:
a. Evaluation of the dog by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert in the field, and completion of training or other treatment as deemed appropriate by the expert. The owner of the dog shall be responsible for all costs associated with evaluations and training ordered under this subsection E1a; or
b. Direct supervision by an adult eighteen (18) years of age or older whenever the animal is on public premises. (Ord. 06-009, 6-13-2006)
2. Enclosure, Muzzle, Special Collar, Residence Sign: The Administrator may order any or all of the following safety requirements required of the owner:
a. The dog be confined to an enclosure as defined in section 4-2-3 of this chapter in the same manner as described for a vicious dog.
b. The dog shall wear a safety muzzle and be leashed under the control of the owner whenever away from the home premises of the owner.
c. The dog shall wear a special collar to identify its "dangerous" status as designated by the Administrator when away from its home premises.
d. The owner shall post a sign as designated by the Administrator in a visible location as warning to any guests or strangers approaching the owner's home. (Ord. 2017-010, 8-8-2017)
3. Leash 2 : It is unlawful for any person to knowingly or recklessly permit any dangerous dog to leave the premises of its owner when not under control by leash or other recognized control method.
4. The Grundy County Animal Control Agency has the right to impound a dangerous dog if the owner fails to comply with the requirements of this chapter.
a. 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.
b. To qualify for exemption under this section, each such dog shall be currently inoculated against rabies in accordance with section 4-2-5 of this chapter and performing duties as expected.
c. It shall be the duty of the owner of the exempted dog to notify the Administrator of changes of address. 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.
d. The Administrator shall provide Police and Fire Departments with a categorized list of the exempted dogs, and shall promptly notify the departments of any address changes reported to him or her 4 .
a. The owner of a dog found to be a dangerous dog by the Administrator pursuant to this chapter may file a complaint against the Administrator in the Circuit Court, within thirty five (35) days of receipt of notification of the determination, for a de novo hearing on the determination. The proceeding shall be conducted as a civil hearing pursuant to the Illinois Rules of Evidence and the Code of Civil Procedure, including the discovery provisions. After hearing both parties' evidence, the court may make a determination of dangerous dog if the Administrator meets his or her burden of proof of clear and convincing evidence. The final order of the Circuit Court may be appealed pursuant to the civil appeals provisions of the Illinois Supreme Court rules.
b. Until the order has been reviewed and at all times during the appeal process, the owner shall comply with the requirements set forth by the Administrator or the court.
c. At any time after a final order has been entered, the owner may petition the Circuit Court to reverse the designation of dangerous dog. (Ord. 06-009, 6-13-2006)
Notes
| 1 | 1. 510 ILCS 5/15.1. |
| 2 | 2. 510 ILCS 5/15.2. |
| 3 | 1. 510 ILCS 5/15.1. |
| 4 | 2. 510 ILCS 5/15.1. |
| 5 | 3. 510 ILCS 5/15.3. |