(A) Dangerous dogs.
(1) Definition.DANGEROUS DOG means 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 the direct control of the owner. This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties. The term DANGEROUS DOG includes any dog that according to the records of either the village or any law enforcement agency:
(a) Has aggressively bitten, attacked, endangered or inflicted severe injury on a human being on public or private property, or when unprovoked, has chased or approached a person upon the street, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by any law enforcement authorities;
(b) Has more than once severely injured or killed a domestic animal while off the owner’s property; or
(c) Has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting.
(2) Procedure for declaring a dog dangerous.
(a) The Village Clerk or any adult person may request under oath that a dog be classified as dangerous as defined above by submitting a sworn, written complaint on a form approved by the village. Upon receipt of such complaint, the Village Clerk shall notify the owner of the dog that a complaint has been filed and that an investigation into the allegations as set forth in the complaint will be conducted.
(b) At the conclusion of any investigation, the Village Clerk may:
1. Determine that the dog is not dangerous and, if the dog is impounded, waive any impoundment fees incurred and release the dog to its owner; or
2. Determine that the dog is dangerous and order the owner to comply with the requirements for keeping dangerous dogs set forth herein, and if the dog is impounded, release the dog to its owner after the owner has paid all fees incurred for the impoundment. If all impoundment fees have not been paid within ten business days after a final determination that a dog is dangerous, the Village Clerk may cause the dog to be humanely destroyed.
(3) Notification of dangerous dog declaration.
(a) Within five business days after declaring a dog dangerous, the Village Clerk shall notify the owner by certified mail of the dog’s designation as a dangerous dog and any specific restrictions and conditions for keeping the dog, as set forth in this section. The Village Clerk shall also notify the Chairperson of the Village Board of the designation of any dog as a dangerous dog. Such notification shall describe the dog and specify any particular requirements or conditions placed upon the dog owner.
(b) The notice shall inform the dog owner that he or she may request, in writing, a hearing to contest the Village Clerk’s finding and designation within five business days after delivery of the dangerous dog declaration notice.
(c) If the Village Clerk cannot with due diligence locate the owner of a dog that has been seized pursuant to this section, the Village Clerk shall cause the dog to be impounded for not less than five business days. If after five days, the owner fails to claim the dog, the Village Clerk may cause the dog to be humanely destroyed.
(B) Vicious dogs.
(1) The following are hereby declared to be vicious dogs:
(a) Staffordshire Bull Terrier;
(b) American Pit Bull Terrier;
(c) American Staffordshire Terrier;
(d) Chow;
(e) Doberman;
(f) Rottweiler;
(g) American Bandagge Mastiff;
(h) Neopolitan Mastiff; and
(i) Any dogs that have the appearance and characteristics of being predominately of one or more of the above breeds, and which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds, to be determined by a qualified veterinarian duly licensed as such in the state.
(2) Prohibition. No person shall own, possess, keep, exercise control over, maintain, harbor, transport or sell within the village limits of the village any vicious dog. This prohibition shall not be applied to animals being transported through the village limits of the village within a one-hour period of time.
(3) Procedure for citation. The Village Clerk or any person having knowledge that someone owns, possesses, keeps, exercises control over, maintains, harbors, transports or sells a vicious dog in the village, shall file with the Village Clerk a sworn affidavit setting forth the basis on which they believe the animal to be a vicious dog, the name and address of where the dog is kept, and a description of the dog. The Village Clerk shall serve notice upon the person who owns, possesses, keeps, exercises control over, maintains, harbors, transports or sells the alleged vicious dog, that such affidavit has been filed. The person who is given the notice shall have ten days from the service of the notice to inform the Village Clerk in writing that he or she does not believe that the alleged vicious dog falls within the provisions of this section. The person who is given the notice shall also have ten days from the service of notice to inform the Village Clerk in writing that he or she believes that the alleged vicious dog does fall within the provisions of this section, in such case, there shall be an irrefutable presumption that said dog is a vicious dog under the provisions of this section, and the Village Clerk shall cite the person in accordance with the provisions of this section. Should said person who is given notice fail to respond within ten days to the Village Clerk, there shall be an irrefutable presumption that said dog is a vicious dog under the provisions of this section and shall cite the person who is given notice, in accordance with the provisions of this section. Should said person give notice in writing to the Village Clerk that he or she does not believe the alleged vicious dog falls within the provisions of this section, then the Village Clerk shall serve upon said person a notice requiring that he or she shall bring said alleged vicious dog to a veterinarian for inspection to determine whether the dog is a vicious dog by definition as set forth in this section. The veterinarian shall have the option of drawing blood from the dog and have DNA testing completed for the purpose of making this determination. In the event that the veterinarian determines that the dog is a vicious dog as set forth by definition in this section, the Village Clerk shall cite the owner of the alleged vicious dog in accordance with the provisions of this section. The cost of the veterinarian and any DNA testing shall be paid by the owner. Should the person fail to bring the dog to the veterinarian for inspection as instructed, there shall be an irrefutable presumption that said dog is a vicious dog, and the Village Clerk shall cite the person in accordance with the provisions of this section.
(4) Trial and order of the court. Whenever any person is charged with owning, possessing, keeping, exercising control over, maintaining, harboring, transporting or selling a vicious dog as defined in this section, that person shall, to the satisfaction of the court, remove said dog from the village until the trial on the citation. If the owner fails to remove the dog within 48 hours of the service of the citation, the Village Clerk shall impound the dog until the trial on the citation. If the dog is determined by plea or trial to be a vicious dog provided by this section, the court shall in addition to ordering the payment of fine, order the owner to pay all impoundment fees, veterinarian and DNA testing fees, and order that the dog shall not be returned to or kept in the village. Any person convicted hereunder who returns the vicious dog or keeps the vicious dog in the village after being convicted hereunder, shall be subject to contempt of court or prosecuted as a separate violation of this section. Each day the dog is kept in the village shall be deemed a separate violation.
(C) Request for determination by Village Clerk. Any person who may be subject to this section may make a written request to the Village Clerk to determine whether and how the provisions of this section may apply to him or her and the dogs subject to the provisions of this section. No enforcement of the section may be taken while this written request is being considered by the Village Clerk. If the Village Clerk determines this section is applicable, the individual will be informed of the amount of time he or she has to comply with the section.
(1997 Code, § 6-112) (Ord. 08-01, passed 7-18-2008) Penalty, see § 90.99