(A) In order to have a dog deemed VICIOUS as defined in this chapter, the Administrator, deputy administrator, 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 finding that the dog is a vicious dog and give the report to the States Attorney office and the owner. The Administrator, State’s Attorney or any citizen of the county in which the dog exist may file a complaint in the circuit court in the name of the People of the State of Illinois to deem a dog to be a vicious dog. Testimony of a board certified veterinarian or another recognized expert may be relevant to the court’s determination of whether the dog’s behavior is justified. The petitioner must prove the dog is a vicious dog by clear and convincing evidence. The Administrator will determine where the animal shall be confined during the pendency of the case.
(B) (1) A dog may not be declared vicious if the court determines the conduct of the dog was justified because:
(a) The threat, injury, or death was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog, or upon the property of the owner or custodian of the dog;
(b) The injured, threatened, or killed person was abusing or assaulting the dog; or
(c) The dog was responding to pain or injury, or was protecting itself, its owner, custodian, or member of its household, kennel, or offspring.
(2) No dog shall be declared VICIOUS if it is a professionally trained dog for law enforcement or guard duties. Vicious dogs shall not be classified in a manner that is specific as to breed.
(3) If the burden of proof has been met, the court shall deem the dog to be a vicious dog.
(C) No landlord or landlord’s agent shall knowingly permit any tenant to move a vicious dog into or keep a vicious dog in any building or premises owned or controlled by such landlord or agent. No landlord or landlord’s agent shall knowingly permit any tenant to keep a vicious dog in any building or premises owned or controlled by such landlord or agent. Any landlord or agent thereof learning of any vicious dog in any building or premises owned or controlled by such a landlord or agent thereof shall notify the person having such dog to remove the dog from the premises immediately.
(D) Owner of rental property, landlord or landlord’s agent that allows or permits a vicious dog on his or her rental property, to stay in any of rental buildings, or helps hide a vicious dog in any of the rental buildings, will be responsible for any damage that the dog may cause if the animal attacks a person or companion animal. The dog will be impounded and euthanized.
(Ord. 0-2007.1, passed 3-13-2007; Ord. 2008.03, passed - -2008; Ord. O-2012.02, passed 3-13-2012; Ord. O-2014.01, passed 2-11-2014) Penalty, see § 90.99
Statutory reference:
Similar provisions, see 510 ILCS 5/15