(A) Definitions: The terms used in this section, unless the context otherwise indicates, mean the following:
ANIMAL COMMISSIONER: The appointed animal commissioner of the village.
CAT: Felis catus.
DANGEROUS DOG OR CAT:
1. Any individual dog or cat anywhere other than upon the property of the owner or custodian of the dog or cat and is unmuzzled, unleashed, or unattended by its owner or custodian that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal; or
2. A dog or cat that, without justification, bites a person and does not cause serious injury.
DOG: All members of the family Canidae.
ENCLOSURE: A fence or structure of at least six feet (6') in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog or cat, in conjunction with other measurers that may be required of an owner or keeper, such as tethering of the vicious dog or cat within the enclosure. The enclosure shall be securely enclosed, locked and designed to prevent the animal from escaping from the enclosure.
HEARING OFFICER: Any person appointed by the village president to conduct administrative hearings pursuant to the provisions of title 1, "Administrative", chapter 17, "Administrative Adjudication", of this code.
IMPOUNDED: Taken into custody of a public animal control facility or animal welfare shelter.
OWNER: Any person having a property right in a dog or cat, or who keeps or harbors a dog or cat, or who has a dog or cat in his care, or acts as the custodian for a dog or cat, or who knowingly permits a dog or cat to remain on any premises owned or occupied by him or her.
PHYSICAL INJURY: The impairment of physical condition.
POTENTIALLY DANGEROUS DOG: A dog running at large and unsupervised with three (3) or more other dogs.
SERIOUS PHYSICAL INJURY: A physical injury that creates a substantial risk of death or that causes death, serious or protracted disfigurement, protracted impairment of health, or impairment of the function of any bodily organ or plastic surgery.
VICIOUS DOG OR CAT: A dog or cat that, without justification, attacks a person and causes serious physical injury or death, or any individual dog or cat that has been found to be a dangerous dog or cat upon two (2) separate occasions.
(B) Potentially Dangerous Dogs; Dangerous Dogs; And Vicious Dogs: The animal control commissioner, or any police officer, shall be obligated to notify the administrator or deputy administrator of the Kankakee County of any potentially dangerous dogs, dangerous dogs, or vicious dogs. Potentially dangerous dogs, dangerous dogs and vicious dogs shall be governed by the animal control act.
(C) Dangerous Or Vicious Cats:
1. Upon the filing of a complaint by any person, a ticket shall be issued to an owner alleged to have a dangerous or vicious cat. The hearing officer shall preside over a hearing to determine whether a cat is a dangerous or vicious cat. Hearings shall be administered in accordance with the provisions of title 1, "Administrative", chapter 17, "Administrative Adjudication", of this code.
2. A cat shall not be declared dangerous or vicious if the hearing officer determines the conduct of the cat was justified because:
(a) The threat was sustained by a person who was committing a crime or offense upon the owner of the cat or was committing a wilful trespass or other tort upon the premises or property occupied by the owner of the cat;
(b) The threatened person was abusing, assaulting, or physically threatening the cat or its offspring;
(c) The injured, threatened, or killed companion animal was attacking or threatening to attack the cat or its offspring; or
(d) The cat was responding to pain or injury or was protecting itself, its owner, custodian or a member of its household, pride, or offspring.
3. If the hearing officer determines that the cat is a dangerous or vicious cat, the hearing officer shall order the cat be spayed or neutered and microchipped within ten (10) days at the owner's expense. If the cat is not spayed or neutered and microchipped within the ten (10) days, the animal commissioner shall order the cat impounded and euthanized. If the owner of the cat has not appealed the impoundment and euthanization order within fourteen (14) days, the cat may be euthanized. All owners shall be required to file proof of compliance with an order of the hearing officer with the animal commissioner no later than fourteen (14) days after the determination of the hearing officer.
4. Impoundment and euthanization orders may be appealed to the circuit court of Kankakee County.
5. It shall be unlawful for any person that owns a vicious cat to allow that cat outdoors without being properly restrained so as to prohibit it from leaving the owner's property. Any owner that possesses a vicious cat shall provide an enclosure for the outdoor area in which the vicious cat may be allowed. Any owner found to have violated the provisions of this subsection shall have his/her cat impounded and euthanized. (Ord. 11-29, 3-5-2012)