(A) A DANGEROUS DOG means any dog which approaches any person in an apparent attitude of attack either upon public or private property. An animal control officer or any adult person may request, under oath, that a dog be classified as a dangerous dog by submitting a sworn, written complaint on a form approved by the animal control officer (“officer”). Upon receipt of such complaint, the 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 said 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 Chief of Police, at any time, by filing a written appeal with the City Police Department. The Chief of Police 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 the investigation, the officer may:
(1) Determine that the dog is not dangerous 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 dangerous and, if the dog is impounded, release the dog to the owner after the owner has paid all fees incurred for the impoundment. If all impoundment fees have not been paid within ten business days after a final determination that a dog is dangerous, the officer may cause the dog to be humanely destroyed.
(C) Within five business days after declaring a dog dangerous, the officer shall notify the owner of the dog’s designation as a dangerous dog and of the requirements and conditions for keeping the dog, as set forth herein. 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 dangerous dog designation notice.
(D) The animal control officer shall hold a hearing within 15 days after receiving the dog owner’s written request for such a hearing. The 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 dangerousness. Criteria to be considered in a hearing required by this section shall include, but not be limited to, the following:
(1) Provocation;
(2) Severity of attack or injury to a person or domestic animal;
(3) Previous aggressive history of the dog;
(4) Observable behavior of the dog;
(5) Site and circumstances of the incident; and
(6) Statements from interested parties.
(E) A determination at a hearing that the dog is in fact a dangerous dog, as defined herein, shall subject the dog and its owner to the provisions of this section.
(F) Failure of the dog owner to request a hearing shall result in the dog being finally declared a dangerous dog and shall subject the dog and its owner to the provisions of this section.
(G) If the officer determines that a dog is dangerous at the conclusion of a hearing conducted under § 90.004(A), that decision shall be final unless the dog owner appeals to a court of competent jurisdiction for any remedies that may be available within ten days after receiving notice that the dog has been finally declared dangerous.
(H) It shall be unlawful for any person to keep or maintain any dog which has been found to be a dangerous dog unless the person meets the following requirements.
(1) Registration of dangerous dogs. The owner shall register a dangerous dog within ten days of the dog being declared dangerous. The dog must be registered by April 1 of each year thereafter. The dog shall be registered with the City Clerk. The cost of each registration shall be $200.
(2) Insurance. The owner of a dangerous dog shall present to the City Clerk proof that he or she has procured liability insurance or a surety bond in the amount of not less than $100,000 covering any damage or injury that may be caused by such dangerous dog. The policy shall contain a provision requiring that the city be notified immediately by the agent issuing the policy in the event that the insurance policy is canceled, terminated, or expires. The liability insurance or surety bond shall be obtained prior to the issuing of a permit to keep a dangerous dog. The dog owner shall sign a statement attesting that he or she shall maintain and not voluntarily cancel the liability insurance policy during a 12-month period for which a permit is sought unless he or she ceases to own or keep the dog prior to the expiration date of the permit.
(3) Permanent identification. Each dangerous dog shall be injected by the Animal Control Warden or officer with a microchip to permanently identify the dog.
(4) Transfer of ownership. The owner of a dangerous dog shall not transfer ownership of such animal to any other person without providing the City Clerk and the animal control officer with the name and address of the new owner.
(I) No person shall permit any dangerous dog to leave the premises of its owner when not under control by leash or within an enclosed vehicle.
(J) The owner of any dog found to be dangerous shall maintain such animal in such a manner as to prevent its coming in contact with any person not residing with the owner.
(K) Any dog found to be a dangerous dog by the animal control officer or Animal Control Warden on two separate occasions shall be deemed a vicious dog and reported to the Animal Control Warden as such.
(Ord. 7 (Series 2013-2014), passed 10-7-2013) Penalty, see § 90.999
Statutory reference:
Related provisions, see 510 ILCS 5/15