(A) (1) Any dog which has been found to be a vicious dog shall be impounded by the Administrator, animal control warden or the law enforcement authority having jurisdiction in such area.
(2) If a dog is found to be a vicious dog, the owner shall pay a $150 public safety fine to be deposited into the Pet Population Control Fund, the dog shall be spayed or neutered within ten days of the finding at the expense of its owner and microchipped, if not already, and the dog is subject to enclosure. If an owner fails to comply with these requirements, the animal control agency shall impound the dog and the owner shall pay a $500 fine plus impoundment fees to the animal control agency impounding the dog. The judge has the discretion to order a vicious dog be euthanized. A dog found to be a vicious dog will not be released to the owner until the Administrator, an Animal Control Warden, or the Director approves the enclosure. No owner or keeper of a vicious dog shall sell or give away the dog without approval from the Administrator or court. Whenever an owner of a vicious dog relocates, he or she shall notify both the Administrator of County Animal Control where he or she has relocated and the Administrator of County Animal Control where he or she formerly resided.
(B) (1) It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog unless the dog is kept in an enclosure. The only times that a vicious dog may be allowed out of the enclosure are if it is necessary for the owner or keeper to obtain veterinary care for the dog, in the case of an emergency or natural disaster where the dog’s life is threatened or to comply with the order of a court of competent jurisdiction, provided that the dog is securely muzzled and restrained with a leash not exceeding six feet in length, and shall be under the direct control and supervision of the owner or keeper of the dog or muzzled in its residence.
(2) Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded by the Administrator, an animal control warden, or the 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 days, the dog may be euthanized.
(3) 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.
(4) Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, and sentry, guard, or police-owned dogs are exempt from this section; provided, an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this section, each such dog shall be currently inoculated against rabies in accordance with this chapter. It shall be the duty of the owner of such exempted dog to notify the Administrator of changes of address. In the case of a sentry or guard dog, the owner shall keep the Administrator advised of the location where such dog will be stationed. The Administrator shall provide police and fire departments with a categorized list of such exempted dogs, and shall promptly notify such departments of any address changes reported to him or her.
(C) 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.
(D) 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.
(E) 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.
(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 ILCS5/15