A. Dangerous Dog Determination:
1. The Administrator or his or her authorized agent may initiate a dangerous dog investigation to determine whether a dog is dangerous. A dog may be deemed dangerous if it is:
a. any individual dog anywhere other than upon the property of the owner or custodian of the dog and un-muzzled, 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 companion animal; or
b. a dog that, without justification, bites a person and does not cause serious physical injury.
2. No dog shall be deemed a "dangerous dog" unless shown to be a dangerous dog by a preponderance of the evidence. In order to have a dog deemed dangerous, the Administrator, or his or her authorized agent, must:
a. Send, within ten (10) business days of the Administrator becoming aware of the alleged infraction, notifications of the alleged infractions to the owner, and of the initiation of an investigation by the Department into the allegations.
b. For the duration of the investigation the owner will be required to contain the dog in a manner in one or more of the following as deemed appropriate under the circumstances and necessary for the protection of the public:
(1) Direct supervision by an adult eighteen (18) years of age or older and with proper restraint, as defined in § 8.04.830 of this ordinance, whenever the animal is on public premises;
(2) That the dangerous dog be muzzled whenever it is on public premises in a manner that will prevent it from biting any person or animal, but that shall not injure the dog or interfere with its vision or respiration;
(3) That the dangerous dog not leave the premises of its owner unless under control by leash or other recognized physical control method;
c. Afford the owner an opportunity to meet with the Administrator prior to the making of a determination that a dog is deemed dangerous;
d. Conduct a thorough investigation, in which he or she may gather any medical or veterinary evidence and interview witnesses. The owner of a dog under investigation or the Department may provide testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or other recognized expert who may be relevant to the determination of whether the dog's behavior was justified pursuant to the provisions of this Section;
e. Make a detailed written report, which shall be referred to as the Administrator's Decision and Order, recommending a finding whether or not the dog be deemed dangerous; and
f. Immediately send the owner, by personal service or by registered or certified mail, notification that his or her dog has been deemed dangerous by the Administrator; including a complete description of the appeal process; and including orders to the owner of the dangerous dog as to any penalties, and dangerous dog fees to be paid.
3. The owner of a dog deemed dangerous shall be subject to: the Administrator's Decision and Order, and the requirements of this § 8.04.860; the penalties as outlined in § 8.04.860; and the dangerous dog fee as outlined in the Public Health Fee Ordinance. The owner shall bear all costs incurred in following such requirements.
B. Dangerous Dog Exemptions: A dog shall not be declared dangerous if the Administrator, or his or her authorized agent, determines the conduct of the dog was justified because either:
1. The threat was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog or was committing a willful trespass or other tort upon the premises or property occupied by the owner of the animal;
2. The threatened person was tormenting, abusing, assaulting, or physically threatening the dog or its offspring;
3. The injured, threatened, or killed companion animal was attacking or threatening to attack the dog or its offspring; or
4. The dog was responding to pain or injury or was protecting itself, its owner, custodian, or a member of its household, kennel, or offspring.
C. Dangerous Dog Restrictions:
1. If deemed dangerous, the Administrator, or his or her authorized agent, shall order the dog to be spayed or neutered within fourteen (14) days at the owner's expense and microchipped, if not already, and one or more of the following as deemed appropriate under the circumstances and necessary for the protection of the public:
a. Evaluation of the dog by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert in the field and completion of training or other treatment as deemed appropriate by the expert. The owner of the dog shall be responsible for all costs associated with evaluations and training ordered under this subsection;
b. Direct supervision by an adult eighteen (18) years of age or older and with proper restraint, as defined in § 8.04.830 of this ordinance, whenever the animal is on public premises;
c. That the dangerous dog be muzzled whenever it is outside the confinement of the owner's residence in a manner that will prevent it from biting any person or animal, but that shall not injure the dog or interfere with its vision or respiration;
d. That the dangerous dog not leave the premises of its owner unless under control by leash or other recognized physical control method;
e. Prohibit the owner or keeper of a dangerous dog from selling or giving away the dog, without providing notification, including the new owner's name and address, to the Administrator. Whenever an owner of a dangerous dog relocates, he or she shall notify both the Administrator and McHenry County Animal Control where he or she has relocated within five (5) days of change of address.
2. Failure by the owner to do as ordered by the Administrator and as outlined in this Ordinance is a violation of this Ordinance and the Administrator may take legal or equitable action against the owner, including but not limited to filing for injunctive relief. If the owner of a dog deemed dangerous fails to comply with these requirements, McHenry County Animal Control shall impound the dog and the owner shall pay all impoundment fees to McHenry County Animal Control.
3. 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, 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 vaccinated for rabies in accordance with § 8.04.890 of this Ordinance, be registered with McHenry County and performing duties as expected. It shall be the duty of the owner of the exempted dog to notify the Administrator of changes 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.
D. Dangerous Dog Appeal:
1. The owner of a dog found to be a dangerous dog pursuant to this Ordinance by the Administrator may file a complaint against the Administrator in the circuit court of McHenry County within thirty five (35) days of receipt of notification of the determination, for a de novo hearing on the determination. The proceeding shall be conducted as a civil hearing pursuant to the Illinois Rules of Evidence and the Code of Civil Procedure, including the discovery provisions. After hearing both parties' evidence, the court may make a determination of dangerous dog if the Administrator meets his or her burden of proof of a preponderance of the evidence. The final order of the circuit court may be appealed pursuant to the civil appeals provisions of the Illinois Supreme Court Rules.
2. Until the order has been reviewed and at all times during the court review process, the owner shall comply with the requirements set forth by the Administrator or the court.
E. Potentially Dangerous Dog Determination:
1. Upon completion of a Dangerous Dog investigation the Administrator or his or her authorized agent may determine a dog to be a Potentially Dangerous Dog if:
a. This is the first occasion in which the dog has engaged in behavior that required a defensive action by a person to prevent bodily injury when the person was off the property of the owner or caregiver of the dog or the person had the right to be on the property.
b. The dog, unprovoked, bit causing a minor injury to a person or a companion animal.
F. Potentially Dangerous Dog Restrictions:
1. If deemed potentially dangerous, the Administrator, or his or her authorized agent, shall order the dog to be microchipped within fourteen (14 days) at the owner's expense, if not already, and the following:
a. Evaluation of the dog by a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert in the field and completion of training or other treatment as deemed appropriate by the expert within sixty (60) days. The owner of the dog shall be responsible for all costs associated with evaluations and training ordered under this subsection and must supply the Department a written report from the specialist of recommendations and results.
G. Removal of designation:
1. If there are no additional instances of the behavior described in § 8.04.860 E. Potentially Dangerous Dog Determination within a 24-month period from the date of the determination as a potentially dangerous dog and the owner has complied with F. Potentially Dangerous Dog Restrictions, the dog shall be removed, at the owner's written request, from the potentially dangerous dog list.
H. Vicious Dog Determination:
1. In order to have a dog deemed "vicious," the Administrator must:
a. Give notice of the infraction that is the basis of the investigation to the owner;
b. Conduct a thorough investigation, including interviewing any witnesses, and the owner, gathering existing medical records, veterinary medical records, and behavioral evidence if provided;
c. Make a detailed report recommending a finding that the dog is a vicious dog; and
d. Give the report to the State's Attorney's Office and the owner.
2. The Administrator, State's Attorney, or any citizen of the county in which the dog exists may file a complaint in the circuit court in the name of the People of the State of Illinois to deem a dog to be a vicious dog. The petitioner must prove the dog is a vicious dog by clear and convincing evidence. If the burden of proof has been met, the court shall deem the dog to be a vicious dog. The judge has the discretion to order a vicious dog to be euthanized.
3. The Administrator shall determine where the animal shall be confined during the investigation and may continue to confine the animal during pendency of the case. The owner shall bear all expenses relating to the confinement.
a. Any confinement under this section shall be consider an impoundment. The owner shall have 7 business from the date of impoundment to appeal the decision to the Administrator. The Administrator has the sole discretion to release any dog back to the owner or an acceptable alternative housing.
I. Vicious Dog Exemptions:
1. A dog may not be declared vicious if the court determines the conduct of the dog was justified because:
a. The threat, injury, or death was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog, or was committing a willful trespass or other tort upon the premises or property owned or occupied by the owner of the animal;
b. The injured, threatened, or killed person was tormenting, abusing, assaulting, or physically threatening the dog or its offspring, or has in the past tormented, abused, assaulted, or physically threatened the dog or its offspring; or
c. The dog was responding to pain or injury, or was protecting itself, its owner, custodian, or member of its household, kennel, or offspring.
2. No dog shall be deemed "vicious" if it 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.
3. Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert may be relevant to the court's determination of whether the dog's behavior was justified.
4. 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, 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 vaccinated for rabies in accordance with of this Ordinance, be registered with McHenry County and performing duties as expected. It shall be the duty of the owner of the exempted dog to notify the Administrator of changes 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.
J. Vicious Dog Restrictions:
1. If a dog is found to be a vicious dog, the owner shall:
a. Have the dog spayed or neutered within ten (10) days of the finding at the expense of its owner, and microchipped, if not already;
b. Confine the dog in an enclosure approved by the Administrator, or his or her authorized agent. If the dog is in the custody of Animal Control, any dog found to be vicious shall not be released to the owner until the Administrator, or his or her authorized agent, approves the enclosure.
2. If an owner fails to comply with these requirements, McHenry County Animal Control shall impound the dog and the owner shall pay a $500.00 fine plus impoundment fees to McHenry County Animal Control.
3. No owner or keeper of a vicious dog shall sell or give away the dog without approval from the Administrator or court.
4. Whenever an owner of a vicious dog relocates, he or she shall notify both the Administrator and McHenry County Animal Control of the address where he or she has relocated within five (5) days of change of address.
5. The owner of a dog which has been declared a "vicious dog" by the court shall pay a vicious dog status fee to the Department as indicated in the Public Health Fee Ordinance. The owner of any dog which has been found to be vicious must pay the status fee within sixty (60) days of notification of such declaration. No refunds will be issued for any reason.
K. Vicious Dog Enclosure Exceptions: It shall be unlawful for any person to fail to have any dog which has been found to be a vicious dog in an approved enclosure. The only times a vicious dog may be allowed out of the enclosure are:
1. If it is necessary for the owner or keeper to obtain veterinary care for the dog;
2. In the case of an emergency or natural disaster where the dog's life is threatened; or
3. To comply with the order of a court of competent jurisdiction, provided that the dog is securely muzzled and restrained with a leash not exceeding 6 feet in length, and shall be under the direct control and supervision of the owner or keeper of the dog or muzzled in its residence.
L. Impoundment of Vicious Dog: Any dog which has been found to be a vicious dog and which is not confined to an approved enclosure shall be impounded by the Administrator, or his or her authorized agent, or the law enforcement authority having jurisdiction in such area.
1. If the owner of the dog has not appealed the impoundment order to the McHenry County Circuit Court within fifteen (15) business days, the dog may be euthanized.
2. Upon filing a notice of appeal, the order of euthanasia shall be automatically stayed pending the outcome of the appeal. The owner shall bear the burden of timely notification to the Administrator in writing.
M. Posting Security Pending Vicious Dog Determination: If McHenry County Animal Control or a facility designated by McHenry County Animal Control has custody of the dog, the Administrator, or his or her authorized agent, may file a petition with the court requesting that the owner be ordered to post security. The security must be in an amount sufficient to cover payment of all reasonable expenses expected to be incurred by Animal Control or its designee in caring for and providing for the dog pending the determination. Reasonable expenses include, but are not limited to, estimated medical care and boarding of the animal for thirty (30) days. If security has been posted in accordance with this Section, the Administrator, or his or her authorized agent, may draw from the security the actual costs incurred by Animal Control in caring for the dog.
1. Upon receipt of a petition, the court must set a hearing on the petition, to be conducted within five (5) business days after the petition is filed. The petitioner must serve a true copy of the petition on the defendant.
2. If the court orders the posting of security, the security must be posted with the clerk of the circuit court within five (5) business days after the hearing. If the person ordered to post security does not do so, the dog is forfeited by operation of law and Animal Control must dispose of the animal through humane euthanasia.
(Ord. O-201711-51-031, passed 11-14-2017; Ord. —, passed 3-16-2020)