For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a separate meaning.
ANIMAL. Any living creature, domestic or wild, but does not include man.
ANIMAL CONTROL OFFICER. A person employed by the Village to enforce this chapter.
ANIMAL NUISANCE. An animal which:
(1) Runs uncontrolled;
(2) Molests persons or vehicles by chasing, barking, or biting;
(3) Attacks other animals;
(4) Damages property other than the owners;
(5) Barks, whines, howls or makes other noises excessively; or
(6) Creates noxious or offensive odors.
DANGEROUS DOG. 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 upon streets, sidewalks, or any public grounds or places.
DANGEROUS OR VICIOUS ANIMAL. Any animal that has attacked a person at any time without provocation, or any animal that bites or otherwise injures a person 3 or more times when the animal was not under proper control.
ENCLOSURE. A solid or chain link fence that is at least 6 feet in height, or other sturdy structure, such as a metal crate, forming or causing an enclosure suitable to prevent the entry of young children and suitable to confine a dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of a dog within the enclosure. Such enclosure shall be securely constructed and self-locking and designed with secure sides, top (if the structure is less than 6 feet in height), and bottom, and shall be designed to prevent the animal from escaping from the enclosure. The interior of the residence at which the dog resides may constitute an enclosure, provided that the dog cannot exit the residence by itself.
FOUND TO BE A VICIOUS DOG.
(1) That the Building Director or their designee, an Animal Control Officer, or a law enforcement officer has conducted an investigation and made a finding, in writing, that the dog is a vicious dog as defined herein and, based on that finding, the Building Director, or their designee, an Animal Control Officer has declared in writing that the dog is a vicious dog; and the owner of the dog having been so notified in writing has not appealed the finding of the Building Director, or their designee, an Animal Control Officer, to the Village Manager, or their designee within 7 days of receipt of such notice; or
(2) That the circuit court has found the dog to be a vicious dog as defined herein and has entered an order based on that finding.
HAS BEEN BITTEN. Has been seized with the teeth or jaws so that the person or animal seized has been nipped, gripped, wounded, or pierced, and further includes contact of saliva with any break or abrasion of the skin.
IMPOUNDED. Taken into the custody by the Animal Control Officer.
OWNER.
(1) A person who has a right of property in an animal;
(2) A person who keeps an animal;
(3) A person who has an animal in his care or custody; or
(4) A person who knowingly permits an animal to remain on or about any premises occupied by him.
PIT BULL. Any Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog, or any mixed breed of dog which contains as an element of its breeding the breed of Staffordshire Bull Terrier or American Staffordshire Terrier as to be identifiable as
partially of the breed of Staffordshire Bull Terrier or American Staffordshire Terrier by a qualified veterinarian duly licensed as such by the State of Illinois.
PROPER CONTROL. On the enclosed premises of its owner or on a leash and under the control of a responsible person.
VICIOUS DOG.
(1) Any individual dog that when unprovoked inflicts bites or attacks a human being or other animal either on public or private property.
(2) 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.
(3) Any individual dog 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 with special equipment.
(4) Any individual dog which attacks a human being or domestic animal without provocation.
(5) Any individual dog which has been found to be a “dangerous dog” upon 3 separate occasions. The 3 separate occasions of a finding of “dangerous dog” must be subsequent to the adoption of the ordinance amending this section which is set forth in this section.
(6) No dog shall be deemed VICIOUS if it bites, attacks, or menaces a trespasser or 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. If a dog is found to be a vicious dog, the dog shall be required to be kept in an enclosure as defined in this section.
(1997 Code, § 13.03) (Ord. 75-4, passed 6-26-1975; Am. Ord. C0-06-11, passed 5-2-2006; Am. Ord. CO-09-27, passed 10-6-2009; Am. Ord. CO-2021-21, passed 8-17-2021)