§ 90.10 VICIOUS OR DANGEROUS DOGS.
   (A)   Definitions. For the purposes of this section, except as otherwise indicated, the following definitions will apply:
      DANGEROUS DOG. Any animal:
         (1)   The behavior of which constitutes a physical threat of bodily harm to a person in a place where such person is conducting himself or herself peacefully or lawfully;
         (2)   Which chases or approaches a person upon a street, sidewalk, or any public grounds in a menacing fashion or apparent attitude of attack; or
         (3)   Which, on three separate occasions within a one-year period, has been observed by the city animal control to be unrestrained or uncontrolled off its owners premises or has been impounded by the city animal control for being unrestrained or uncontrolled off its owner's premises.
         (4)   Determination of whether or not a dog is dangerous may be made by the animal control officer, or by a sworn law enforcement personnel, in writing, after an investigation of the dog in question, and shall be transmitted by mail or personally served to the owner of the dog. During this period the dog shall be impounded by the city. Such a determination may be appealed to the city administrator within five days from the date the same is transmitted to the owner of the dog. A dog may also be declared to be dangerous in an action to enforce any of these provisions of this chapter brought in the civil court of will county. If there is no appeal by the owner within five days or if the dog deemed dangerous by the court; the animal control officer or his or her shall order the dog to be spayed or neutered within 14 days at the owner's expense and micro-chipped, if not already, and the animal control officer may order one or more of the following as deemed appropriate under the circumstances and necessary for the protection of the public:
            (a)   Evaluation of the dog by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert in the field and completion of training or other treatment as deemed appropriate by the expert. The owner of the dog shall be responsible for all costs associated with evaluations and training ordered under this division.
            (b)   Direct supervision by an adult 18 years of age or older whenever the animal is on public premises.
            (c)   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.
      ENCLOSURE. A fence or structure of at least six feet in height and no more than fifteen feet by eight feet in area, forming or creating an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog. Such enclosure shall be securely closed and locked and designed with secure sides, top and bottom, and shall be designed to prevent the animal from escaping from the enclosure. If said fence or structure does not have a bottom which is secured to the sides, the sides shall be embedded in the ground. Such enclosure shall be within an area fenced by a stockade fence six feet in height, and all gates within said fence shall remain locked at all times.
      IMPOUNDED. Taken into the custody of the city animal control facility.
      VICIOUS DOG. No dog shall be deemed vicious if it bites, attacks, or menaces a trespasser on the property of its owner, or harms or menaces anyone who has tormented or abused it, or is a professionally trained dog for law enforcement or guard duties and is specially licensed pursuant to § 90.05(F). Vicious dog includes:
         (1)   Any individual dog that when unprovoked inflicts bites or attacks a human being or other animal either on public or private property;
         (2)   Any individual dog with a known propensity, tendency, or disposition to attack without provocation, to cause injury, or to otherwise endanger the safety of human beings or domestic animals;
         (3)   Any individual dog which attacks a human being or domestic animal without provocation; or
         (4)   Any individual dog which has been found to be a DANGEROUS DOG upon three separate occasions.
         (5)   Determination of whether or not a dog is vicious may be made by the animal control officer or by a sworn law enforcement personnel, in writing, after an investigation of the dog in question, and shall be transmitted by mail or personally served to the owner of the dog. During this period the dog shall be impounded by the city. Such a determination may be appealed to the city administrator within five days from the date the same is transmitted to the owner of the dog. A dog may also be declared to be vicious in an action to enforce any of these provisions of this chapter brought in the circuit court of will county. If there is not appeal by the owner within five days or if the dog is deemed vicious by the court, the dog shall be spayed or neutered within ten days of the finding at the expense of its owner and microchipped, and is subject to enclosure. A dog found to be a vicious dog shall not be released to the owner until the animal control officer of its designated officer, approves of the enclosure. No owner or keeper of a vicious dog shall sell or give away the dog without approval of the animal control officer or the court. The owner must also comply with all other requirements of this chapter before the dog is released to said owner.
   (B)   Prohibition. It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog, unless such dog is at all times kept in an enclosure. In addition, it shall be unlawful for any person to keep or harbor a vicious animal on a porch or patio or in any part of a house or building that would allow the animal to exit such structure on its own volition. The only times that a vicious dog may be allowed out of the enclosure are:
      (1)   If it is necessary for the owner or keeper to obtain veterinary care for the vicious dog; or
      (2)   To comply with the order of a court of competent jurisdiction, provided that said vicious dog shall be securely muzzled and restrained with a chain having a tensile strength of 300 pounds and not exceeding three feet in length and shall be under the direct control and supervision of the owner or keeper of the vicious dog.
   (C)   Requirements. In addition, the owner of a vicious dog must comply with the following conditions:
      (1)   The owner, at his or her own expense, shall acquire a special license tag from the city, in accordance with the provisions of § 90.05(G), designating the animal as vicious, and shall post signage at the front and rear property lines of the premises on which said animal is kept, which signage reads as follows: “BEWARE OF VICIOUS ANIMAL.”
      (2)   The owner shall notify the animal control division within 24 hours if the animal is loose, unconfined, has attacked another animal, or has attacked a human being, or has been removed from the city, or has died.
      (3)   The owner must provide proof that the animal has been neutered.
      (4)   The owner of a vicious animal shall present to the city proof that the owner has procured liability insurance in the amount of at least $100,000 covering the 12-month period during which licensing is sought. The insurance policy shall contain a provision that the city will be notified by the insurance company of any cancellation, termination, or expiration of the policy.
      (5)   The owner, at his or her own expense, shall attend classes in dog obedience and care offered through any approved institution, park district, or licensed trainer.
      (6)   The owner shall allow inspection by the Animal Control Officer, without prior notification, on a regular basis, but not more than three times a year, of the premises in which the vicious animal is kept. The Animal Control Officer shall determine whether or not the enclosure is secure, that facilities exist to adequately feed, house, and maintain the animal, that the location of the enclosure is not likely to endanger the peace, quiet, health, safety, or comfort of persons in the vicinity of the location, and that maintenance of the animal in the location has not resulted in or is not likely to result in the animal being subjected to neglect, suffering, cruelty, or abuse.
   (D)   Impoundment. Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded by the law enforcement authority having jurisdiction in such area and shall be turned over to a licensed veterinarian for destruction by lethal injection.
   (E)   Sale prohibited. No owner or keeper of a vicious dog shall sell or give away any vicious dog.
   (F)   Leash required. It is unlawful for any owner or keeper of a dangerous dog to permit the dangerous dog to leave the premises of its owner when not under control by leash or other recognized control methods.
   (G)   Exemption. Guard or law enforcement dogs are exempt from this section, provided that an attack or injury to a person may occur only while the dog is performing duties as expected. To qualify for exemption under this section, each professionally trained dog for law enforcement or guard duties shall be specially licensed pursuant to § 90.05(F). It shall be the duty of the owner of such exempted dog to notify the city of changes of address. In the case of a guard dog, the owner shall keep the Fire and Police Departments advised of the location where such dog will be stationed.
   (H)   Incapacitated owner. If the owner of a vicious animal is unwilling or unable to comply with the foregoing regulations, then the owner shall have the animal humanely euthanized by an animal shelter, animal control agency, or licensed veterinarian.
(`79 Code, § 90.010) (Ord. 96-003, passed 5-22-96; Am. Ord. 05-505, passed 5-25-05) Penalty, see § 90.99