The Administrator, State's Attorney, Director, or any citizen may file a complaint in circuit court to determine whether a person is a reckless dog owner. If an owner is determined to be a reckless dog owner by clear and convincing evidence, the court shall order the immediate impoundment and forfeiture of all dogs the reckless dog owner has a property right in. Forfeiture may be to any licensed shelter, rescue, or sanctuary. The court shall further prohibit the property right ownership of a dog by the person determined to be a reckless dog owner for a period of at least twelve (12) months, but not more than thirty-six (36) months for the first reckless dog owner determination.
A. A dog's history during ownership by a person found to be a reckless dog owner shall not be considered conclusive of the dog's temperament and qualification for adoption or transfer. The dog's temperament shall be independently evaluated by a person qualified to conduct behavioral assessments and, if the dog is deemed adoptable, the receiving facility shall make a reasonable attempt to place the dog in another home, transfer the dog to rescue, or place the dog in a sanctuary.
B. A person who refuses to forfeit a dog under this Section is in violation which carries a public safety fine of five hundred dollars ($500.00) for each dog. The fine shall be deposited into the Pet Population Control Fund. Each day a person fails to comply with forfeiture or prohibition ordered under this Section shall constitute a separate offense. (Ord. 07-22-001, 7-21-2022)
Notes
| 1 | State Law reference - Similar provisions, 510 ILCS 5/15.5 |