(A) Dangerous dog determination.
(1) Declaration. The animal control officer may declare a dog to be dangerous after a thorough investigation including sending, within ten business days of the animal control officer becoming aware of the alleged infraction, notice to the owner of the alleged infractions and the initiation of an investigation, and affording the owner an opportunity to meet with the animal control officer prior to the making of a determination; gathering any medical or veterinary evidence; interviewing witnesses; and making a detailed written report. No dog shall be deemed a dangerous dog unless shown to be a dangerous dog by a preponderance of evidence. The owner shall be sent immediate notice of the determination and a description of the appeal process by registered or certified mail (see 510 ILCS 5/15.1).
(2) Order. Upon the animal control officer’s determination that a dog is dangerous, the animal control officer shall order the dog to be spayed or neutered and microchipped, if not already, within 14 days, at the owner’s expense.
(3) Impoundment. The animal control officer has the right to impound a dangerous dog if the owner fails to comply with the requirements of this subchapter (see 510 ILCS 5/15.1).
(4) Exemptions.
(a) No dog shall be deemed dangerous if:
1. The threatened person was at the time committing a crime or offense upon the owner or custodian of the dog or willfully trespassing upon the premises or property occupied by its owner;
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;
5. The dog is a professionally trained dog for law enforcement or guard duties, or a guide dog for the blind or hearing impaired or a support dog for the physically handicapped and the threat or injury occurred while the dog was performing its duties as expected; or
6. To qualify for exemption under this section, each such dog must be currently inoculated against rabies in accordance with this subchapter and performing duties as expected.
(b) It shall be the duty of the owner of a dog exempted under division (A)(4)(a)5. above to notify the animal control officer of changes of address. In the case of a sentry or guard dog, the owner shall keep the animal control officer advised of the location where the dog will be stationed. The animal control officer shall provide Police and Fire Departments with a categorized list of exempted dogs and promptly notify the departments of any address changes reported to him or her.
(B) Dangerous dog control. 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 methods. The animal control officer may order a dangerous dog to be muzzled whenever it is on public premises in a manner that will prevent it from biting any person or animal, but that shall not injure the dog or interfere with its vision or respiration (see 510 ILCS 5/15.1 and 510 ILCS 5/15.2).
(C) Dangerous dog appeal.
(1) The owner of a dog found to be a dangerous dog pursuant to this subchapter by the animal control officer may file a complaint against the village in the Circuit Court within 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, 735 ILCS 5/1-101 et seq., including the discovery provisions. After hearing both parties’ evidence, the Court may make a determination of dangerous dog if the animal control officer meets his or her burden of proof of a preponderance of the evidence. The final order of the Circuit Court may be appealed pursuant to the civil appeals provisions of the Illinois Supreme Court rules.
(2) 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 animal control officer.
(3) At any time after a final order has been entered, the owner may petition the Circuit Court to reverse the designation of dangerous dog.
(D) Vicious dog determination.
(1) Vicious dog determination. In order to have a dog deemed vicious, the animal control officer or law enforcement officer must give notice of the infraction that is the basis of the investigation to the owner, conduct a thorough investigation, interview any witnesses, including the owner, gather any existing medical records, veterinary medical records or behavioral evidence, and make a detailed report recommending a finding that the dog is a vicious dog and give the report to the States Attorney’s office and the owner. The animal control officer, State’s Attorney or any citizen of the county in which the dog exists may file a complaint in the Circuit Court in the name of the people of the state to deem a dog to be a vicious dog. Testimony of a certified applied behaviorist, a board certified veterinary behaviorist or another recognized expert may be relevant to the Court’s determination of whether the dog’s behavior was justified. The petitioner must prove the dog is a vicious dog by clear and convincing evidence. The animal control officer shall determine where the animal shall be confined during the pendency of the case.
(2) Order. Upon the animal control officer’s determination that a dog is vicious, the animal control officer shall order the dog to be spayed or neutered and microchipped, if not already, within ten days at the owner’s expense.
(3) Exemptions.
(a) No dog shall be deemed vicious if:
1. The threatened person was at the time committing a crime or offense upon the owner or custodian of the dog or willfully trespassing upon the premises or property occupied by its owner;
2. The threatened person was abusing, assaulting or physically threatening the dog or its offspring, or has in the past abused, assaulted or physically threatened 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;
5. The dog is a professionally trained dog for law enforcement or guard duties, or a guide dog for the blind or hearing impaired or a support dog for the physically handicapped and the threat or injury occurred while the dog was performing its duties as expected; or
6. To qualify for exemption under this section, each such dog must be currently inoculated against rabies in accordance with this subchapter and performing duties as expected (see 510 ILCS 5/15).
(b) It shall be the duty of the owner of a dog exempted under division (D)(3)(a)5. above to notify the animal control officer of changes of address. In the case of a sentry or guard dog, the owner shall keep the animal control officer advised of the location where such dog will be stationed. The animal control officer shall provide Police and Fire Departments with a categorized list of exempted dogs and promptly notify the Departments of any address changes reported to him or her.
(4) Determination not based on breed. A dog shall not be classified vicious based solely on its breed.
(5) Consequences of vicious dog determination. If the burden of proof has been met, the Court shall deem the dog to be a vicious dog. It shall be unlawful to keep any dog, which has been declared vicious pursuant to this subchapter or the Illinois Animal Control Act within the village. The judge has the discretion to order a vicious dog be euthanized. No owner or keeper of a vicious dog shall sell or give away the dog without approval from the Court (see 510 ILCS 5/15).
(6) Impoundment; humane euthanization.
(a) Any dog that has been found to be a vicious dog and that is found within the village shall be impounded by the animal control officer or law enforcement authority having jurisdiction in such area. If the owner of the dog has not appealed the impoundment order to the Circuit Court in the county in which the animal was impounded within 15 business days, the dog may be humanely euthanized (see 510 ILCS 5/15).
(b) Upon filing a notice of appeal, the order of euthanasia shall be automatically stayed pending the outcome of the appeal. The owner shall bear the burden of timely notification to animal control in writing.
(7) Petition; security.
(a) If the animal control agency has custody of the dog, the agency may file a petition with the Court requesting that the owner be ordered to post security. The security must be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the animal control agency or animal shelter in caring for and providing for the dog pending the determination. Reasonable expenses include, but are not limited to, estimated medical care and boarding of the animal for 30 days. If security has been posted in accordance with this section, the animal control agency may draw from the security the actual costs incurred by the agency in caring for the dog (see 510 ILCS 5/15).
(b) Upon receipt of a petition, the Court must set a hearing on the petition, to be conducted within five business days after the petition is filed. The petitioner must serve a true copy of the petition upon the defendant.
(c) If the Court orders the posting of security, the security must be posted with the clerk of the Court within five business days after the hearing. If the person ordered to post security does not do so, the dog is forfeited by operation of law and the animal control agency must dispose of the animal through adoption or humane euthanization (see 510 ILCS 5/15).
(E) Animal attacks or injuries. If a dog or other animal, without provocation, attacks, attempts to attack or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby (see 510 ILCS 5/16).
(F) Right of entry inspections. For the purpose of making inspections hereunder, the animal control officer, or his or her authorized representative, or any law enforcement officer may enter upon private premises; provided that the entry shall not be made into any building that is a person’s residence, to apprehend a straying dog or other animal, a dangerous or vicious dog or other animal, or an animal thought to be infected with rabies. If, after request therefor, the owner of the dog or other animal shall refuse to deliver the dog or other animal to the officer, the owner shall be in violation of this subchapter (see 510 ILCS 5/17).
(Ord. 2012-02, passed - -2012) Penalty, see § 174.99