(A) Within five business days after declaring a dog vicious, the officer shall give written notice by certified mail to the dog’s owner of the dog’s designation as vicious and the determination to destroy such dog. The notice shall inform the 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 vicious dog designation notice.
(B) The officer shall hold a hearing within ten business days after receiving the dog owner’s request for such a hearing. The officer shall provide notice of the date, time, and location of the hearing by regular mail to the dog owner and the complainant.
(C) At a hearing, all interested persons shall be given the opportunity to present evidence on the issue of the dog’s viciousness. 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.
(D) A determination at a hearing that the dog is vicious, pursuant to the Animal Control Act, being 510 ILCS 5/1 et seq., or under this subchapter, shall result in an order for the humane destruction of the dog, subject to the owner’s right to appeal such order to the Circuit Court.
(E) If no hearing is requested pursuant to division (A) above, the dog shall be humanely destroyed.
(F) The dog owner shall be responsible for payment of all boarding costs and other fees as may be required for the city to humanely and safely keep the animal during any legal proceeding.
(G) If the officer or his or her designee orders a dog to be humanely destroyed, that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within ten days after receiving notice of the destruction order. If an appeal is timely filed, the officer shall suspend the destruction order pending the final determination of the court.
(Ord. 7 (Series 2013-2014), passed 10-7-2013)