(A) A vicious dog includes any such dog so declared by a court of competent jurisdiction, as determined by 510 ILCS 5/15.
(B) 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. 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 dog;
(2) In the case of an emergency or natural disaster where the dog’s life is threatened; or
(3) 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 three feet in length, and the dog is under the direct control of the owner or keeper of the dog, provided that person is a competent adult 18 years of age or older who is physically capable of controlling the dog.
(C) Vicious dog determinations.
(1) The Administrator and the State’s Attorney shall follow the procedures set forth in 510 ILCS 5/15(a) to investigate and, if appropriate, seek a judicial determination that a given dog should be declared to be vicious.
(2) The Administrator shall determine where an animal sought to be declared vicious shall be confined during the pendency of the case. The owner of the dog sought to be declared shall be responsible for any costs associated with the confinement of the animal during the pendency of the case.
(3) If a dog is found to be a vicious dog, the owner shall pay a $100 public safety fine to be deposited into the Pet Population Control Fund, and the dog shall be microchipped and spayed or neutered within ten days of the finding at the expense of its owner, if any such procedure has not already been previously done, and the dog is subject to enclosure. A dog found to be a vicious dog shall not be released to the owner until the Administrator inspects and approves the enclosure where the animal is to be kept. If an owner fails to comply with these requirements, the Administrator shall impound the dog and the owner shall pay a $500 fine plus impoundment fees to the County Animal Control Department. The court has the discretion to order that a vicious dog be euthanized.
(D) No owner or keeper of a vicious dog shall sell or give away the dog without approval from the court or the Administrator. Whenever the owner or keeper of a vicious dog within the county relocates outside the county, he or she shall notify the Administrator. Whenever the owner or keeper of a dog declared vicious in another county of the state, or comparably designated under the laws of another state, relocates to the county, he or she shall notify the Administrator. When the owner of a vicious dog relocates to or within the county, the Administrator must inspect and approve the enclosure in which the vicious dog is to be kept.
(E) Any dog which has been found to be a vicious dog and which is not confined to an enclosure is subject to impoundment by the Administrator, an animal control warden or the law enforcement authority having jurisdiction in the area. If the owner of the dog has not appealed the impoundment order to the Circuit Court within 15 working days, the dog may be euthanized. Upon filing of 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 the Administrator in writing.
(1993 Code, § 50.083) (Ord. 2000-02, passed 2-16-2000; Ord. 2003-08, passed 11-19-2003; Ord. 2006-07, passed 6-21-2006; Ord. 2022-01, passed 3-16-2022) Penalty, see § 50.999