A. Confinement:
1. 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 times that a vicious dog may be allowed out of the enclosure is: a) if it is necessary for the owner or keeper to obtain veterinary care for the vicious dog; or b) to comply with the order of a court of competent jurisdiction; provided, that said vicious dog is securely muzzled and restrained with a chain having a tensile strength of 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.
2. Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded by the law enforcement authority having jurisdiction in such area and shall be turned over to a licensed veterinarian for destruction by lethal injection.
3. No owner or keeper of a vicious dog shall sell or give away any vicious dog. (Ord. 1525, 2-24-2010)
B. Nuisance Conditions; Exception; Complaints:
1. Maintaining Nuisance Prohibited: It shall be unlawful for any person to maintain a public nuisance by permitting any dangerous dog or other animal to leave the premises of its owner when not under control by leash or other recognized control methods.
2. Guide Dogs: 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 inoculated against rabies in accordance with section 5-2-3 of this chapter. It shall be the duty of the owner of such exempted dog to notify the animal control officer of changes of address. In the case of a sentry or guard dog, the owner shall keep the animal control officer advised of the location where such dog will be stationed. (Ord. 747, 1-8-1992)
3. Filing Complaint: The animal control officer, a police officer, the village prosecutor, the state's attorney, or any citizen of the county in which a dangerous dog or other animal exists may file a complaint in the name of the people of the state to enjoin all persons from maintaining or permitting such, to abate the same, and to enjoin the owner of such dog or other animal from permitting same to leave his 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 this 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 animal shall be in violation of this chapter, 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. (Ord. 747, 1-8-1992; amd. 1999 Code)