It shall be unlawful for any person to keep, harbor, own, or in any way possess within the corporate limits of the city a vicious dog, subject to the following exceptions and standards:
(A) Identification Of Vicious Dogs:
1. Any law enforcement officer or animal control officer employed by or under contract with the city of Momence who suspects that a dog may be vicious within the meaning of this chapter may conduct an investigation to determine whether or not the dog has committed any act or displays any characteristics which qualify it as a vicious dog. If upon the completion of such investigation the officer concludes that the dog is a vicious dog, such officer shall issue a written notice of determination which includes at least the following:
(a) A description of the dog;
(b) Information available concerning the ownership of the dog;
(c) A statement or conclusion that the dog is a "vicious dog" within the meaning of this chapter;
(d) A description of the acts or characteristics which led the officer to conclude that the dog is a vicious dog;
(e) Notice to the owner that the vicious dog must be licensed and housed in accordance with the requirements of this chapter;
(f) Notice that the owner may appeal the determination of the officer to the chief of police within seven (7) working days after the determination is served upon the owner.
The officer shall serve the notice of determination on the owner by certified mail or hand delivery to the last known address of the owner.
2. The owner may appeal any determination that the owner's dog is a vicious dog. An appeal must be directed to the chief of police and must be filed by the owner in the office of the police department or city hall within seven (7) working days after receipt of the notice of determination which identifies the dog as a vicious dog. Should the owner fail to appeal the determination within seven (7) working days, the determination of the investigating officer that the dog is a vicious dog shall become final. Upon receipt of an appeal, the chief of police, or such person as the chief may designate to act on the chief's behalf, shall convene a hearing for the purpose of determining whether the dog in question is a vicious dog.
3. The hearing shall be held within no less than five (5) nor more than ten (10) working days after the chief of police or his designee serves a notice of the time, date and location of the hearing upon the owner of the allegedly vicious dog. The hearing shall be conducted informally and shall remain open to the public. At the hearing, the owner shall have the opportunity to present evidence to explain why the dog should not be declared a vicious dog. The owner shall have the right to be represented by legal counsel at the owner's expense. The officer who made the initial determination that the dog is vicious, and any other persons having knowledge of the facts and circumstances, may be heard by the chief of police or his designee and shall be subject to cross examination by the owner or the owner's attorney. The chief or his designee shall decide all issues for or against the owner of the dog regardless of whether the owner appears at the hearing.
4. Within five (5) working days after the conclusion of the hearing, the chief of police or his designee shall determine whether or not the dog is a "vicious dog" within the meaning of this chapter. The chief or his designee shall notify the owner in writing of its determination. The decision of the chief or his designee shall be final.
5. If any officer of the city of Momence determines that the public safety requires the immediate impoundment of a dog as authorized by this chapter, the officer shall within a reasonable time notify the owner of the facts and circumstances relating to the impoundment. Upon receipt of such notification, the owner may appeal the determination of the officer to the chief of police or his designee in accordance with the procedures established hereinabove for the identification of vicious dogs.
(B) Confinement Of Vicious Dogs: No person shall possess any vicious dog unless the vicious dog is confined in accordance with this section.
1. Confinement Indoors: No vicious dog may be kept on a porch, patio or in any part of a house or structure that would allow the vicious dog to exit the structure on its own volition. No vicious dog shall be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the vicious dog from exiting the structure.
2. Confinement In An Exterior Yard: No person shall confine a vicious dog in an exterior area unless such vicious dog is confined in an enclosure constructed and maintained in accordance with section 5-2-1 of this chapter, except that a vicious dog may be confined outside of an enclosure in a manner set forth in subsection (B)3 of this section.
3. Confinement On Leash And Run Line: No person shall permit a vicious dog to go outside an enclosure, house or other structure unless the vicious dog is securely restrained with a leash no longer than three feet (3') in length, fitted with a muzzle or securely restrained on a run line no longer than ten feet (10') in length and fitted with a muzzle. No person shall permit a vicious dog to be kept on a leash unless a person is in actual physical control of the leash. The run line should be in the back yard and is not allowed in a front yard.
The only time that a vicious dog may be allowed out of the enclosure or off the run line are:
(a) If it is necessary for the owner or keeper to obtain veterinary care for the vicious dog, or
(b) To sell or give away the vicious dog, or
(c) To comply with the order of a court of competent jurisdiction, or
(d) To allow the owner or keeper to walk the vicious dog, provided that said vicious dog is securely muzzled and restrained with a leash having a minimum tensile strength of at least three hundred (300) pounds and not exceeding three feet (3') in length, and shall be under the direct control and supervision of the owner or keeper of the vicious dog.
(C) Impoundment Of Vicious Dogs:
1. Any vicious dog which is not properly confined in an enclosure, on a run line, or properly secured by a leash under the owner's or keeper's control shall be impounded by the law enforcement authority having jurisdiction in such area; provided, however, that if the city animal control officer or any city police officer reasonably believes that such dog poses an immediate threat of severe injury to any person, such officials are authorized to kill such dog. Any vicious dog found to be running at large by any member of the police department of a municipality shall be presumed to be in violation of this section and shall be subject to impoundment.
2. If the incident giving rise to the impoundment has resulted in an injury to a person, upon impoundment by the police department, the chief of police or his designee shall notify the Kankakee County animal control of the county pursuant to 510 Illinois Compiled Statutes 5/12, as amended, and shall transfer control of the vicious dog to the Kankakee County animal control in accordance with 510 Illinois Compiled Statutes 5/13, as amended. Any animal which shall have bitten or otherwise injured any person so as to cause an abrasion of the skin shall be immediately taken, impounded and kept separated from other animals for fourteen (14) days. If, during that period, such animal develops symptoms of illness, a veterinarian shall be called to diagnose its condition.
If the symptoms disclosed are such as to indicate the presence of rabies, such animal shall be destroyed in such manner, to detach and preserve intact the head, which shall immediately be sent to the diagnostic laboratory of the department of agriculture. In cases where such animal(s) cannot be safely taken up and impounded, it may be terminated, care being taken to preserve the head intact, and sent to the diagnostic laboratory of the department of agriculture.
3. Any dog which attacks a human being or other domestic animal may be ordered destroyed in an expeditious and humane manner, when in the court's judgment, such dog represents a continuing threat of serious harm to human beings or other domestic animals. However, prior to the destruction of the dog, control of the dog must be transferred to the Kankakee County animal control pursuant to subsection (C)2 of this section.
4. Any vicious dog which has previously been impounded for not properly being confined or for running at large in violation of subsection (C)1, (C)2 or (C)3 of this section, or which has previously bitten or attacked a human being or other domestic animal without provocation, shall be ordered destroyed in an expeditious and humane manner upon any subsequent violations of those subsections or upon any subsequent unprovoked attack or bite.
5. Any dog which attacks a human being, except for dogs listed as exceptions to the definition of "vicious dog" in section 5-2-1 of this chapter, which results in severe injury shall automatically be destroyed in an expeditious and humane manner.
(D) Redemption Of Impounded Vicious Dog: An owner of a vicious dog holding a license pursuant to subsection (A) of this section may redeem an impounded vicious dog if the vicious dog has been impounded pursuant to subsection (C) of this section and the vicious dog has not caused severe injury to a person, subject to the following conditions:
1. Proof of a valid license issued by Kankakee County animal control or certified Illinois veterinarian;
2. Payment of the cost of keeping the vicious dog during the period of impoundment and charges specified by this chapter; and
3. No symptoms of rabies have developed after the specified amount of days of impoundment.
(E) Sale Or Transfer Of Ownership Prohibited: No person shall sell, barter, offer to breed or in any other way dispose of a vicious dog to any person within the city unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such vicious dog; the registered owner of a vicious dog may sell or otherwise dispose of a vicious dog or the offspring of such vicious dog to persons who do not reside within the city, provided they give written notice to the person who will be receiving the vicious dog that such dog has been deemed a vicious dog under this section.
(F) Animals Born Of Vicious Dogs: All offspring born of vicious dogs within the city must be removed from the city within eight (8) weeks of the birth of such animal.
(G) Sign Required: All persons possessing a vicious dog shall display in a prominent place on the premises where a vicious dog is to be kept, a sign which is readable by the public from a distance of not less than fifty feet (50') using the words "Beware Of Dog". A similar sign shall be posted on any enclosure.
(H) Fighting Prohibited: No person shall fight or bait, conspire to fight or bait, or keep, train, or transport for the purpose of fighting or baiting, any dog. No person shall own or harbor any dog for the purpose of dogfighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging said dog to attack human beings or domestic animals without provocation.
(I) Exceptions: This section shall not apply to any K-9 patrol dogs or police dogs while on duty.
(J) Penalties: Any person who violates any provision of this section is guilty of a petty offense and shall be fined in accordance with the city of Momence approved fine list found in section 1-4-1 of this code. Additionally, any person found guilty of violating this section shall pay all expenses, including shelter, food, veterinary expenses, and other expenses necessitated by the seizure of the dog for the protection of the public, and such other expenses as may be required for the destruction of any such dog.
(K) Failure To Comply: It shall be unlawful for the owner, keeper or harborer of a vicious dog within the city of Momence to fail to comply with the requirements and conditions set forth in this section. Any vicious dog found to be the subject of a violation of this section shall be subject to immediate seizure and impoundment. In addition, failure to comply may result in the immediate removal of the animal from the city. (Ord. 725, 9-19-2011)