Any individual dog shall be deemed vicious under any of the following circumstances:
The dog, when unprovoked, inflicts bites to, physically injures, or otherwise attacks a human being or other animal, either on public or private property.
The dog, due to behavior or training, has a known propensity, tendency or disposition to attack, bite, cause injury, or to otherwise endanger the safety or human beings or domestic animals.
The dog has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting.
The dog has been found to be a “dangerous dog” and the owner, harborer, keeper, or other person having custody or control of the dog has been found to be in violation of the “dangerous dog” criteria on two separate occasions.
Any animal that without provocation has bitten or attacked a human being or other animal shall be prima facie presumed vicious. No dog shall be deemed “vicious” if it bites, attacks, or menaces anyone who has tormented or abused it or its offspring; anyone assaulting its owner; or is a professionally trained dog for law enforcement duties.
A. Finding that a dog is vicious:
1. The animal control officer shall have the authority to make a determination that a dog is a vicious dog within the meaning of this chapter.
2. In the event that the animal control officer shall determine that a particular dog is a vicious dog, the animal control officer shall send to the owner, harborer or possessor of such dog a written complaint and notice to appear in the city's administrative adjudication system. The complaint and notice to appear shall state the reasons for the determination and require the presence of the owner, harborer, or possessor on the hearing date assigned.
3. On the hearing date, the hearing officer shall either reject or confirm the determination made by the animal control officer. If the hearing officer confirms the determination that the dog is vicious, the hearing officer shall enter an order imposing any applicable penalties. If the hearing officer rejects the determination, he may modify such determination and enter an order imposing any applicable penalties or may dismiss the cause.
B. Keeping of a vicious dog is prohibited. It shall be unlawful to keep, harbor, own, or in any way possess within the corporate limits of the city, any dog which has been determined to be a vicious dog, except that a vicious dog may be kept within the city subject to the requirements contained in this chapter. The animal control officer shall have the right to inspect the premises upon which a vicious dog is kept to ensure compliance with the provisions contained in this section.
C. Confinement of a vicious dog. No person shall possess any vicious dog unless the vicious dog is confined at all times in accordance with this division.
1. Confinement indoors. No vicious dog may be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit the structure on its own volition. No vicious dog shall be kept in a house or structure when any window is open so that it may escape, or when screen windows or screen doors are the only obstacle preventing the vicious dog from exiting the structure.
2. Confinement outdoors. No person shall allow or permit a vicious dog to be outdoors except under the following circumstances:
(i) Such dog is confined in an enclosure, or
(ii) Such dog is securely restrained with a chain or cable having a minimal tensile strength of 300 pounds and no longer than five feet in length and is securely fitted with a muzzle.
3. No person shall permit a vicious dog to be restrained on a chain or cable unless a person over the age of 18 years is in physical control of the chain. No chain or cable restraining any vicious dog shall be attached to any inanimate object, including, but not limited to, trees, posts, stakes and buildings.
D. Registration. In addition to the license fee required, the owner of a vicious dog shall pay an annual registration fee of two hundred fifty dollars and obtain a tag from the animal control officer specifying the animal is vicious. Such a tag shall be attached to the collar on the dog at all times. It shall be unlawful to remove, alter, or deface, or otherwise damage the vicious dog tag.
E. Sign required. A person possessing a vicious dog shall display in a prominent place on the premises where a vicious dog is the be kept a sign provide by or approved by the animal control officer, and which is readable by the public from a distance of not less than 100 feet, using the words, “BEWARE VICIOUS DOG”. A similar sign shall be posted on all sides of any enclosure intended to confine the vicious dog.
F. Insurance. An owner who maintains a vicious dog shall obtain liability insurance coverage in the amount of not less than one hundred thousand dollars, insuring said owner against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts, whether intentional or unintentional, of the vicious dog. The owner shall provide a copy of the certificate of insurance at the time of registration of the vicious dog pursuant to this section.
G. Impoundment of vicious dog.
1. Any vicious dog found to be at large or found to be otherwise in violation of the provisions of this section shall be impounded by the animal control officer.
2. If the incident giving rise to the impoundment involved an injury to a person or animal, the animal control officer shall notify the county rabies control administrator pursuant to ILCS CH. 510, Act 5,12, as amended, and shall transfer control of the dog to the administrator in accordance with ILCS CH. 510, Act 5,13, as amended. In such case, the vicious dog shall not be redeemed and shall be destroyed by lethal injection.
3. If the incident giving rise to the impoundment has involved in no injury to a person or animal, the vicious dog may be redeemed upon the following conditions:
(i) Payment by the owner of all costs and expenses of the impoundment: and
(ii) Payment by the owner of all costs and expenses of repair of damage inflicted by said dog while running at large that was witnessed by an individual.
(iii) Provision by the owner of evidence satisfactory to the animal control officer that the requirements of this section have been complied with. The animal control officer shall have the right to inspect the premises on which the vicious dog is to be kept in order to confirm such evidence.
4. Notwithstanding the prior section, no injury to a person or dog, any vicious dog which has been impounded under this section more than once during a 12-month period shall not be redeemed but shall be destroyed by lethal injection.
(Ord. 2022-5, 2021; Ord. 2015-18, 2014).