(a) Definitions. The following words, terms and phrases, when used in this section shall have the meanings ascribed to them herein, except where the context clearly indicates a different meaning:
(1) "Administrator" means the administrator as defined in 510 ILCS 5/2.01.
(2) "Animal control warden" means an animal control warden as defined in 510 ILCS 5/2.03.
(3) "Dangerous dog" means any individual dog which when either unmuzzled, unleashed or unattended by its owner, or a member of its owner's family, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack, either on public or private property.
(4) "Director" means the director as defined in 510 ILCS 5/2.08.
(5) "Enclosure" means a fence or structure of at least six (6) feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of a vicious dog within the enclosure. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom, and shall be designed to prevent the animal from escaping from the enclosure.
(6) "Found to be vicious dog" means that:
A. The administrator, an animal control warden or a law enforcement officer has conducted an investigation and made a finding in writing that the dog is a vicious dog as defined in this section and, based on that finding, the administrator, an animal control warden or the director has declared in writing that the dog is a vicious dog; or
B. The circuit court has found the dog to be a vicious dog as defined in this section and has entered an order based on that finding.
(7) "Impounded" means taken into the custody of the public pound in the city or county or the pound of a licensed veterinarian.
(8) "Vicious dog" means:
A. Any individual dog that when unprovoked inflicts bites or attacks a human being or other animal, either on public or private property.
B. Any individual dog with a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals.
C. Any individual dog that has as 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 with special equipment.
D. Any individual dog which attacks a human being or domestic animal without provocation.
E. Any individual dog which has been found to be a dangerous dog upon three (3) separate occasions.
(b) Complaints: Violations and Penalty.
(1) It is unlawful for any person to maintain a public nuisance by permitting his or her dog to act in a manner in which it could be found to be a dangerous dog or found to be a vicious dog.
(2) No dog shall be deemed vicious if it bites, attacks, or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it or is a professionally trained dog for law enforcement or guard duties. Vicious dogs shall not be classified in a manner that is specific as to breed. If a dog is found to be a vicious dog, the dog shall be subject to enclosure.
(3) 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 time that a vicious dog may be allowed out of the enclosure is if it is necessary for the owner or keeper to obtain veterinary care for the dog, or to comply with the order of a court of competent jurisdiction, provided that the dog is securely muzzled and restrained with a chain having a tensile strength of three hundred (300) pounds and not exceeding three (3) feet in length, and shall be under the direct control and supervision of the owner or keeper of the dog.
(4) 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 police department and shall be turned over to a licensed veterinarian for destruction by lethal injection.
(5) If the owner of the dog impounded under this section has not appealed the impoundment order to the circuit court in the county in which the animal was Impounded within seven (7) working days, the dog may be humanely dispatched. A dog found to be a vicious dog shall not be released to the owner until the administrator, an animal control warden or the director approves the enclosure as defined in this section.
(6) No owner or keeper of a vicious dog shall sell or give away the dog.
(7) It is unlawful for any person to maintain a public nuisance by permitting any dangerous dog to leave the premises of its owner when not under control by leash or other recognized control method.
(8) 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, that 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 510 ILCS 5/8. It shall be the duty of the owner of such exempted dog to notify the administrator of any change 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.
(9) The administrator, the city attorney, or any citizen of the city may file a complaint in the name of the people of the city to enjoin all persons from maintaining or permitting a dangerous or vicious dog, to abate the same, and to enjoin the owner of such dog or other animal from permitting such animal to leave his or her premises when not under control by leash or other recognized control methods. Upon the filing of a complaint in the circuit court, the court, if satisfied that a nuisance may exist, shall grant a preliminary injunction with bond in such amount as the court may determine enjoining the defendant from maintaining such nuisance. If the existence of the nuisance is established, the owner of such dog or other animal shall be in violation of this section, and, in addition, the court shall enter an order restraining the owner from maintaining such nuisance and may order that such dog or other animal be humanely dispatched.
(10) Violations; penalties.
A. Any person violating or aiding in or abetting the violation of any provision of this section or resisting, obstructing or impeding the administrator or any authorized officer in enforcing this section, is guilty of a petty offense for a first or second offense and shall be fined according to the provisions of Section 202.99 of this Code, and for a third and subsequent offense is guilty of a class C misdemeanor. Each day a person fails to comply constitutes a separate offense. The city attorney upon the report of any violation from the police department shall cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner provided by law.
B. If the owner of a dog subject to enclosure:
1. Fails to maintain or keep the dog in an enclosure;
2. The dog inflicts great bodily harm, permanent disfigurement or permanent physical disability upon any other person or causes the death of another person; and
3. The attack is unprovoked in a place where such person is peaceably conducting himself or herself and where such person may lawfully be; such owner shall be fined not less than one hundred dollars ($100.00) nor more than the maximum provided in Section 202.99 of this Code for each such violation (each day a person fails to comply shall constitute a separate violation) and shall be subject to a sentence of imprisonment for not more than thirty (30) days.
(Ord. 2019-4-4. Passed 4-24-19.)