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The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
DANGEROUS DOG. Means and includes:
(1) Any dog that bites or attacks a person or domestic animal without provocation;
(2) Any dog that bites or attacks and causes serious injury or death to another domestic animal while the domestic animal is on the property or under the control of its owner;
(3) Any dog with known propensity, tendency, or disposition to attack or to otherwise endanger the safety of people or other domestic animals;
(4) Any dog that chases or snaps at a pedestrian, bicyclist or vehicle;
(5) Any dog that charges a person in a manner that restricts the person’s freedom of movement by placing the person in reasonable fear of an imminent attack (the person must be lawfully on the property where the charge occurs and this does not apply to an animal tormented by the person);
(6) Any dog that molests passers-by or persons on adjoining property by viciously, continuously and aggressively barking or growling; or
(7) Any dog deemed a dangerous dog by a court of law.
DOG. Canine.
DOMESTIC ANIMALS. Animals that are tame, kept and controlled by an owner.
KENNEL. A place where more than 3 dogs are kept.
OWNER. Any natural person or any other legal entity having a possessory right in a dog, or who harbors, cares for, exercises control over, or knowingly permits any dog to remain on its premises occupied by such person or entity.
PROVOKE. To perform a willful act or omission that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack by an ordinary dog or animal.
RUNNING AT LARGE. Permitting any dog to leave the premises of its owner without being on a leash and under the control of a person physically able to control the dog; or any dog on private property not enclosed, restrained or kept in such a manner so as to prevent it from entering upon a street, public place, or premises of another.
SERIOUS INJURY. Any physical injury that results in broken bones or lacerations that require sutures, cosmetic surgery, or other medical care and treatment.
TORMENT. An act or omission that causes unjustifiable pain, suffering, and distress to an animal, or causes mental and emotional anguish in the animal as evidenced by its altered behavior, for a purpose such as sadistic pleasure, coercion, or punishment that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack.
(Ord. 271, passed 12-15-2008; Am. Ord. 276, passed 7-7-2011)
A dangerous dog does not include any of the following:
(A) A dog that bites or attacks a person who is trespassing on the property of the dog's owner;
(B) A dog that bites or attacks a person who provokes or torments the dog;
(C) A dog that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person if that person is engaged in a lawful activity or is the subject of an assault;
(D) A dog being used by a law enforcement officer to carry out the law enforcement officer's official duties.
(Ord. 271, passed 12-15-2008)
Any owner or keeper of a kennel shall secure from the Village Clerk, or a designee of the Village Clerk, a license. The Chief of Police, Building Official, or any other authorized representative shall inspect and approve the proposed premises before any kennel license shall be issued. No kennel license shall be issued in any situation where the issuance of such a license would violate and/or be contrary to any law or ordinance regarding health, zoning, or property restrictions. A kennel license shall not be required in the case of a female dog having a litter of pups, provided that the owners of the female dog shall dispose of the pups before such offspring reach the age of four months. The licenses required to operate a kennel in the village must be renewed annually before January 1 of each year. The application fee for a kennel license shall be set by resolution of the Village Council. All dogs kept in kennels shall be licensed individually as required. No kennel shall be operated in any district within the village specified as a residential district under the terms of Chapter 151, and no kennel shall be operated in any district within the village except under the terms of Chapter 151.
(Ord. 271, passed 12-15-2008) Penalty, see § 90.48
Any kennel operated or maintained in the village shall be kept in a sanitary condition at all times and is subject to inspection by the Chief of Police, Building Official, or any other authorized representative at any time. It shall be unlawful for any kennel operated within the village to operate in such a way as to cause harm or endanger any person of the public. Failure to comply with any section of this subchapter shall result in the revocation of the license for the operation of such kennel.
(Ord. 271, passed 12-15-2008) Penalty, see § 90.48
All dogs must be securely confined in a manner which ensures that the dog cannot escape the premises. No person owning, possessing or harboring any dog shall allow such dog to run at large at any time. The Chief of Police or any authorized representative of the Police Department may destroy any stray dog, any apparently dangerous dog, or any dog not held by leash found in any street, alley, common, public space within the village, open space within the village, or in any person’s yard other than that of the owner of the dog. The Chief of Police or any authorized representative of the Police Department should first make a reasonable effort to catch and impound any dog in violation of this section before destroying the dog, unless doing so would place the police officer and/or the public in any apparent danger.
(Ord. 271, passed 12-15-2008; Am. Ord. 276, passed 7-7-2011)
Penalty, see § 90.48
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