A. Dangerous Animal: Any animal which, when either unmuzzled, unleashed, or unattended by its owner or custodian 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 in a public place, and without justification, shows a propensity to attack or injure any person(s) or animal who was peacefully conducting themselves in any place where they may lawfully be present may be declared dangerous.
B. Dangerous Dog: Any individual dog, which when either unmuzzled, or unattended by its owner or custodian, acts in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon streets, sidewalks, or any public grounds or places, or upon private property not owned or belonging to the owner of the animal may be declared “dangerous” by the animal control officer.
1. Request And Investigation: An animal control officer or any adult person may request, in writing, that a dog be classified as a dangerous animal by submitting a sworn written statement of complaint to the animal control officer or police officer. In addition, in any instance where the animal control officer has reasonable grounds to believe that a dog has bitten a person or a domestic animal, an investigation shall be conducted. For any animal to be considered a dangerous animal there must be a thorough investigation initiated within fourteen (14) days of becoming aware of the alleged violation. The animal control officer must also gather medical and veterinary evidence, interview witnesses, and make a detailed report of findings.
2. Notification And During The Investigation: Upon receipt of the complaint, the animal control officer shall notify the owner of the animal that a formal complaint has been filed and that an investigation into the allegation as set forth in the complaint will be conducted. During the investigation:
a. The custody of the animal which is subject of the investigation shall not be transferred by its owner to any other person; nor shall the place of maintenance of the animal be changed from its owner’s residence during that time, without the consent of the animal control officer or order of any court; or
b. The animal may be impounded by the animal control officer or police officer if there is reason to believe that the animal will pose an immediate danger to the owner or any member of the community if not immediately impounded.
3. Impoundment: The animal control officer shall impound the animal and shall inform its owner, within twenty four (24) hours of impoundment, that two (2) or more of the factors enumerated herein exist. The owner shall not allow or permit the animal declared “dangerous” to return to the City under any circumstances.
4. Determination And Appeal: No animal shall be deemed dangerous without sufficient evidence to establish probable cause to support such finding. The owner shall be sent immediate notification of the investigative determination that includes a complete description of the appeal process. An animal shall not be declared dangerous if the animal control officer determines the conduct of the animal was justified because:
a. The threat was sustained by a person who at the time was committing a crime of offense upon the owner or custodian of the dog;
b. The threatened person was tormenting, abusing, assaulting, or physically threatening the dog or its offspring;
c. The injured, threatened, or killed companion animal was attacking or threatening to attack the dog or its offspring;
d. The dog was responding to pain or injury or was protecting itself, its owner, or custodian or member of its household, kennel, or offspring.
5. Conclusion: At the conclusion of the investigation, the animal control officer may:
a. Determine that the animal is not dangerous and, if the animal was initially impounded, waive any impoundment fees incurred, and release the animal to its owner; or
b. Determine that the animal is dangerous and, if impounded, release the animal to the owner after the owner has paid all fees incurred for the impoundment. If all impoundment fees have not been paid within ten (10) business days after a final determination that an animal is dangerous, the animal control officer may cause the animal to be humanely euthanized; or
c. Determine that the animal is vicious, in which case the provisions of section 6-4-3-9 of this chapter shall apply.
6. Conditions Prohibiting Dangerous Animals To Remain In The City:
a. Upon declaring any animal “dangerous” pursuant to this section, the owner shall not keep or maintain the animal within the City limits if the animal control officer finds two (2) or more of the following factors to be present:
(1) The incident which led the animal being declared “dangerous” was unprovoked;
(2) The incident occurred in an area in which there resides children under the age of thirteen (13) years, senior citizens, and/or persons with physical or mental impairments;
(3) The incident would have resulted in a bite if it were not for the location of the person attacked;
(4) The animal in question has previously been found to have run at large; or
(5) The nature of and the circumstances surrounding the incident requires that the animal be banned from the City in order to protect the health, safety and welfare of the citizens.
7. Conditions Permitting A Dangerous Animal To Remain In City: Any animal declared to be “dangerous” pursuant to this section, but for which two (2) or more of the factors in this section do not exist, shall be permitted to remain within the City limits. However, such animal must be restrained so that even while on the premises of its owner, the animal cannot come into physical contact with anyone who is lawfully on the premises other than its owner and members of the owner’s household. The owner of such animal shall not permit the animal to leave the premises unless such animal is muzzled or caged, and the animal may not be tethered at any time within the City limits as the principal means of restraint.
8. Additional Actions: The following additional actions may also be required for a “dangerous” animal to be allowed to remain in the City limits:
a. The animal must be spayed or neutered and microchipped, if not already, within fourteen (14) days, at the owner’s expense; and one or more of the following as deemed appropriate:
(1) Evaluation of the animal by a certified applied or veterinary behaviorist, or other recognized expert in the field and the completion of training or treatment as deemed appropriate by said expert. The owner of the dog will be responsible for all costs associated with evaluations and/or training; or
(2) Direct supervision of the animal by an adult, eighteen (18) years or older, whenever the animal is present on public grounds; or
(3) The animal must be muzzled whenever it is on public premises, but the muzzling shall not injure the animal, or interfere with its vision or respiration; or
(4) The animal must be restrained so as not to come in contact with anyone on private property, including the property of the owner, except the owner or members of the owner’s household; or
(5) The animal must be held in an “enclosure”, as previously defined during those times that the animal is not in the immediate control of its owner and outside the owner’s house.
9. Exemptions: Guide animals for the blind or hearing impaired, support animals for the physically handicapped, guard dogs, and police dogs are exempt provided an attack or injury to a person or companion animal occurs while the dog is performing duties as expected. To qualify for exemption, the animal must be inoculated against rabies and the owner provide proof to the City and animal control.
C. Vicious Animal: The animal control officer shall investigate all reports of a “vicious dog” as defined in the Illinois Animal Control Act.
1. Upon making a written finding that a dog is vicious when any of the following circumstances have been determined by the animal control officer to be present:
a. Any individual dog that when unprovoked inflicted a bite or has attacked a human or any other animal either on public or private property, including the property of the owner;
b. Any individual dog with a known propensity, tendency or disposition to attack without provocation, has caused an injury or has otherwise endangered the safety of a human being or domestic animal;
c. Any individual animal that has a trait, or characteristic and a generally known reputation for viciousness, dangerousness or unprovoked attacks upon human beings or other animals, unless handled in a particular manner; or
d. Any individual dog has been found to be a “dangerous dog” pursuant to subsection B of this section upon three (3) separate occasions;
2. Vicious dogs shall not be classified “vicious” only on the basis of breed. No animal shall be deemed “vicious” if it:
a. Bites, attacks, or menaces a trespasser on the property of its owner;
b. Harms or menaces anyone who has tormented or abused it;
c. Is a professionally trained dog for law enforcement, fire, or guard duties; or
d. Is a guide dog for the blind or hearing impaired, or a support dog for the physically handicapped, provided an attack or injury to a person occurs while the dog is performing duties as expected. (Ord. 3497, 3-7-2019; amd. Ord. 3902, - -2023)