Dangerous dogs are defined as, any dog that, because of its aggressive nature, training, or characteristic behavior, presents a risk of serious physical harm or death to human beings, or would constitute a danger to human life, physical well-being, or property if not kept under restraint and under direct control. The term “dangerous dog” includes any dog that, when unprovoked, has chased, or approached a person on any public or private property in a menacing fashion or apparent attitude of attack. The term “dangerous dog” shall not apply to dogs utilized by law enforcement officers in the performance of their duties.
A. Finding that a dog is a dangerous dog.
1. The animal control officer shall have the authority to make a determination that a dog is a dangerous dog within the meaning of this chapter.
2. In the event that the animal control officer shall determine that a particular dog is a dangerous 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 dangerous, the hearing officer shall enter an order imposing any applicable penalties authorized by this chapter. If the hearing officer rejects the determination, the cause shall be dismissed.
B. It shall be unlawful for any person to keep or maintain any dog which has been determined to be a dangerous dog, except that a dangerous dog may be kept within the city subject to the requirements contained in this section.
C. Confinement of dangerous dog. No person shall possess any dangerous dog unless the dangerous dog is confined at all times in accordance with this division.
1. Confinement indoors. No dangerous dog may be kept on a porch, patio, or in any portion of a house or structure that would allow the dog to exit the structure on its own volition. No dangerous dog shall be kept in a house or structure when any window is open so that is may escape, or when screen windows or screen doors are the only obstacle preventing the dangerous dog from exiting the structure.
2. Confinement outdoors. No person shall allow or permit a dangerous dog to be outdoors except under the following circumstances:
(i) Such dog is confined in an enclosure, or
(ii) Such does is securely restrained with a leash, chain or cable no longer than five feet in length and is securely fitted with a muzzle.
D. Registration. The owner of a dangerous dog shall pay an annual registration fee of $75 and obtain a tag from the animal control officer specifying the animal is dangerous. 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 dangerous dog tag.
E. Sign required. A person possessing a dangerous dog shall display in a prominent place on the premises where a dangerous dog is the be kept a sign provided 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 OF DOG”. A similar sign shall be posted on all sides of any enclosure intended to confine the dangerous dog.
F. Insurance. An owner who maintains a dangerous dog shall obtain liability insurance coverage in the amount of not less than $100,000, 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 dangerous dog. The owner shall provide a copy of the certificate of insurance at the time of registration of the dangerous dog pursuant to this section.
G. Impoundment of a dangerous dog.
1. Any dangerous 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.
3. If the incident giving rise to the impoundment has resulted in no injury to a person or animal, the dangerous 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 dangerous dog is to be kept in order to confirm such evidence.
H. Microchip.
1. Any dog which has been found to be a dangerous dog shall have a microchip implanted for identification purposes.
2. The implanting of a microchip shall be performed within 14 days of the determination that the dog is a dangerous dog. The owner, keeper, or any other person responsible for the dog shall pay the cost of the procedure.
3. Proof of completion of the procedure shall be provided to the animal control officer immediately upon completion of the procedure. Such proof shall include the microchip number.
4. In the event the proof is not provided as required above, the dog shall be impounded by the animal control officer. The dog shall be held pending completion of the procedure. The owner, keeper, or other person responsible for the dog shall pay a boarding fee of ten dollars per day or any part of a day the dog is held pending completion of the procedure. If the dog is impounded pending completion, the animal control officer may provide transportation, at the owner's expense, to a facility which would perform the procedure. If the dog has been held for 45 days without the procedure being completed, the owner shall be deemed to have abandoned and forfeited the dog to the animal control officer, whereupon the dog shall be destroyed by lethal injection.
I. The owner of a dangerous dog shall have the dog spayed or neutered.
J. The owner of a dangerous dog shall notify the animal control officer upon any change of address within 72 hours of such change. The animal control officer shall have the right to inspect the new premises to ensure compliance with the provisions contained in this section.
K. Ownership of a dangerous dog may not be transferred, unless the original owner and the new owner appear at the offices of the animal control officer to complete any necessary paperwork to transfer the records for such animal to the new owner, and for such new owner to obtain the rules and regulations concerning dangerous dogs and pay the appropriate license and registration fees. The original owner and the new owner must appear within 72 hours of the transfer of ownership.
(Ord. 2022-5, 2021; Ord. 2015-17, 2014).