For purpose of this chapter, the following terms shall mean as indicated below:
ANIMAL: Every living creature, other than man, which may be affected by rabies.
AT LARGE: Off the premises of the owner and not under the immediate control of either the owner or a person the owner has designated to be in control. However, if an animal under the control of a city official or veterinarian escapes and runs loose, it shall not be considered "at large".
BITE OR BITING: To seize with the teeth or jaws, such 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.
BUSINESS DAY: Any day, including holidays, that the animal control facility is open to the public for animal reclaims.
CAT: Felis catus.
CONFINED: Restriction of an animal at all times by the owner, or his agent, to an escapeproof building, house, or other enclosure away from other animals and the public.
CRUELTY TO ANIMALS: Includes, but is not necessarily limited to, the following:
(A) Overloading, overdriving, overworking, beating, torturing, abusing, tormenting, knowingly poisoning, knowingly attempting to poison, mutilating or killing any animal or causing or knowingly permitting the same to be done.
(B) Working any old, lame, infirm, sick or disabled animal, or causing or knowingly permitting the same to be done.
(C) Unnecessarily failing to provide an animal in one's charge or custody as owner or otherwise with proper food, drink and proper sanitary shelter.
(D) Abandoning any old, lame, infirm, sick or disabled animal by leaving such animal on a highway, public way, or in a place where it may suffer injury, hunger, exposure or become a public charge.
DANGEROUS DOG: Any dog, anywhere other than on the owners' property, unmuzzled, unleashed, or unattended by its owner, that behaves in a manner that a reasonable person believes poses a serious, unjustified imminent threat of serious physical injury or death to a person or a companion animal; or a dog that, without justification, bites a person and does not cause serious physical injury.
DOG: Any and all animals of the canine species.
ENCLOSURE: A fence or structure of at least six feet (6') in height, forming or creating a cage suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures that may be taken by the owner, such as tethering the vicious dog within the cage. The structure shall be secure, locked and designed to prevent the animal from escaping. If the cage is a room within a residence, it cannot have direct access to the outdoors unless it leads to an enclosed pen whose door is locked. A vicious dog may be allowed to move freely within the entire residence if it is muzzled at all times.
FERAL CAT: A cat that is born in the wild or the offspring of an owned or feral cat and is not socialized, or is a formally owned cat that has been abandoned and is no longer socialized, or lives on a farm.
IMPOUNDED: Taken into the custody of the public pound in the county, city, village or town where the animal is found.
INOCULATION AGAINST RABIES: The injection of an antirabies vaccine.
INTACT ANIMAL: An animal that has not been spayed or neutered.
LEASH: A cord, rope, strap or chain which shall be securely fastened to the collar or harness of a dog or other animal and shall be of sufficient strength to keep such dog or other animal under control.
OWNER: Any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his care, or who knowingly permits a dog to remain on any premises occupied by him/her. "Owner" does not include a feral cat caretaker participating in a trap, spay/neuter, return or release program. For purposes of this chapter, the person last issued a dog license shall be presumed to be the owner of such dog.
PEACE OFFICER: The meaning ascribed to it in section 2-13 of the criminal code of 1961 in the state of Illinois.
PERSON: Any individual, firm, corporation, partnership, society, association or other legal entity, any public or private institution, the state of Illinois, municipal corporation or political subdivision of the state, or any other business unit.
PHYSICAL INJURY: The impairment of physical condition.
POLICE ANIMAL: An animal owned or used by a law enforcement department or agency in the course of the department or agency's work.
POTENTIALLY DANGEROUS DOG: A dog that is unsupervised and found running at large.
POUND OR ANIMAL CONTROL FACILITY: May be used interchangeably and means any facility approved by the city, county of Kankakee, or state of Illinois, and used as a shelter for seized, stray, homeless, abandoned, or unwanted dogs or other animals.
REGISTRATION CERTIFICATE: A printed form for the purpose of recording pertinent information as required by the Illinois Compiled Statutes.
RESTRAINT: An animal is under "restraint" when it is controlled by a leash; at "heel" beside a responsible person, obedient to that person's commands; within a vehicle being driven or parked on the streets, or within the property limits of its owner or keeper.
RUN LINE: A system of tying a dog in place with either a cable or chain having a minimum tensile strength of not less than three hundred (300) pounds and not exceeding ten feet (10') in length. The cable or chain must be securely fastened to a permanent, nonmovable object and prevent the dog from climbing, digging, jumping or otherwise escaping under its own volition.
SERIOUS PHYSICAL INJURY: A physical injury that creates a substantial risk of death, or that causes death, serious disfigurement, protracted impairment of health, impairment of the function of any bodily organ, or plastic surgery.
VICIOUS DOG: Any individual dog that:
(A) When unprovoked, bites or attacks a human being or other animal either on public or private property; or
(B) Has 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; or
(C) Has a trait or characteristic, and a generally known reputation for unprovoked attacks upon human beings or other animals, unless handled in a particular manner or with special equipment; or
(D) Attacks a human being or domestic animal without provocation; or
(E) Has been found to be a "dangerous dog" upon two (2) separate occasions.
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 professionally trained guard dog. Vicious dogs shall not be classified in a manner that is specific to a breed. (Ord. 725, 9-19-2011)