(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
VICIOUS DOG. A dog falling within any of the following categories:
(a) Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to or otherwise threaten the safety of human beings or domestic animals;
(b) Any dog which, because of its vicious propensity, is capable of inflicting injury, serious physical harm or death to humans, and which would constitute a danger to human life or property if it were not kept in the manner required by this chapter;
(c) Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal; or
(d) Any dog owned or harbored primarily, or in part, for the purpose of dog fighting, or any dog trained for dog fighting.
(B) Declaring a dog “vicious.” If the Animal Control Officer or a public works supervisor has reason to believe that a dog falls within any of the categories that would render it vicious, they shall investigate the circumstances to determine whether the dog falls within the definition of “vicious dog” as provided in this section. In the event that, following investigation, the Animal Control Officer or public works supervisor determines that the dog is a vicious dog, as defined in this section, they may declare that the dog is vicious in accordance with this section.
(C) Notice of vicious dog declaration.
(1) Within seven days of a determination by the Animal Control Officer or public works supervisor that a dog is vicious, the officer making the determination shall notify the dog’s owner, if known, in writing, of the declaration.
(2) This notice shall identify the requirements and conditions for maintaining a vicious dog as set forth in this section.
(3) If the owner is unknown or cannot be located, the dog may be immediately impounded.
(4) If the owner’s address is known, but the owner cannot be located, the notice shall be posted on the owner’s property or sent by certified mail to the owner’s last known address.
(D) Hearing on vicious dog declaration. The known owner of a vicious dog shall have the opportunity to have a hearing on the declaration in accordance with the following procedures:
(1) The owner of a dog that has been declared vicious in accordance with this section shall have the right to file a written request for a hearing to contest the declaration. Such a request must be filed with the Director of Public Works within seven days after the owner received notice of the vicious dog declaration. In the event that the owner fails to file a written request for a hearing within the requisite seven-day period, or fails to appear at a scheduled hearing, the owner will be deemed to have waived the right to a hearing on the declaration. In that situation, the dog shall be deemed vicious and the owner shall be required to comply with all of the requirements and conditions for maintaining a vicious dog as set forth in this section;
(2) Within seven days of the receipt of a written request for a hearing, or as soon thereafter as is practical, a hearing shall be scheduled and conducted by the City Administrator or his or her designee. The hearing will be informal and strict rules of evidence shall not apply. The owner and the city may be represented by counsel, present oral and written evidence, and cross-examine witnesses;
(3) The City Administrator or his or her designee shall issue a written decision within seven business days after the conclusion of the hearing. The owner shall be mailed a copy of the written decision. The decision of the City Administrator or his or her designee shall be final; and
(4) In the event that the City Administrator or his or her designee upholds the vicious dog declaration, the owner shall comply with all of the requirements and conditions for maintaining a vicious dog as set forth in this chapter.
(E) Requirements for keeping a vicious dog. In order to keep or permit a vicious dog within the corporate limits of Oak Forest, the owner of a vicious dog shall be required to act in accordance with the following.
(1) Confinement.
(a) All vicious dogs shall be securely confined indoors or in an enclosed and locked pen or structure upon the premises of the owner.
(b) The pen or structure must have minimum dimensions of five feet by ten feet, and must have secure sides and a secure top attached to the sides.
(c) If no bottom is secured to the sides, the sides must be embedded into the ground no less than two feet.
(2) Leash/muzzle. The owner of a vicious dog shall not allow the dog to go outside its kennel, pen or structure, unless the dog is muzzled, restrained by a chain or leash not more than four feet long, and under the physical control of a person.
(3) Signs.
(a) The owner of a vicious dog shall display a clearly visible warning sign, in a prominent place on his or her premises, indicating that there is a vicious dog on the premises.
(b) The sign must be legible from the public streets or thoroughfares upon which the owner’s property adjoins.
(c) The owner shall also display a sign with a symbol warning children of the presence of a vicious dog.
(d) Exact or similar signs shall be posted on the dog’s kennel, pen or enclosed structure.
(4) Insurance.
(a) The owner of a vicious dog must maintain public liability insurance providing a minimum amount of $500,000 of coverage, insuring the owner for any damage or personal injury which may be caused by his or her vicious dog.
(b) Upon a declaration that a dog is vicious, the owner of a vicious dog must provide proof to the City Clerk that the owner possesses the required insurance.
(c) Upon request of the city, the owner may be required to present proof of insurance, upon occasion, demonstrating that the owner is maintaining the insurance.
(5) Notice of change of status. The owner of a vicious dog shall notify the city’s Animal Control Officer or the Public Works Department immediately upon learning that the vicious dog is unconfined or on the loose, or if the dog has attacked a human being or domestic animal.
(6) Notice of change of ownership.
(a) If the owner of a dog declared to be vicious pursuant to this section sells, gives away or otherwise transfers custody or ownership of the vicious dog, the owner shall, within three days of the sale or transfer, provide the city’s Animal Control Officer or Public Works Department with the name, address and telephone number of the vicious dog’s new owner or custodian.
(b) The owner shall notify the new owner or custodian of the dog’s designation as a vicious dog.
(c) If the new owner or custodian resides or keeps the dog within the corporate limits of the City of Oak Forest, the owner shall inform the new owner or custodian of the requirements and conditions for keeping a vicious dog as established in this chapter.
(F) Order for impoundment and destruction. The Animal Control Officer, police watch commander, or public works supervisor may order the impoundment and destruction of a dog upon occurrence of one of the following:
(1) The dog has attacked, bitten, injured or killed a human being or domestic animal;
(2) The dog has been declared to be vicious pursuant to this section and the owner has failed to comply with the requirements and conditions for keeping a vicious dog in accordance with this section; or
(3) The dog poses a threat of serious harm to the public health or safety.
(G) Notice of impoundment or destruction. Within seven days of an impoundment, the officer ordering the impoundment or destruction of a dog shall notify the dog’s owner, if known, in writing, of the impoundment or destruction.
(H) Hearing on impoundment or destruction. The known owner of a vicious dog shall have the opportunity to have a hearing on the impoundment or recommended destruction in accordance with the following procedures.
(1) The owner of a dog that has been impounded pursuant to the provisions of this section shall have the right to file a written request for a hearing to contest the impoundment.
(a) Such a request must be filed with the Public Works Director within seven days after the owner received notice of the impoundment.
(b) In the event that the owner fails to file a written request for a hearing within the requisite seven-day period, or fails to appear at a scheduled hearing, the owner will be deemed to have waived the right to a hearing on the impoundment.
(c) In that situation, the Director of Public Works may order the destruction of the dog or take any other steps he or she deems necessary to protect the public health or safety from the potential danger posed by the dog.
(2) Within seven days of the receipt of a written request for a hearing, or as soon thereafter as is practical for the city administration, a hearing shall be scheduled by the city. The hearing shall be conducted by the City Administrator or his or her designee. The hearing will be informal and strict rules of evidence shall not apply. The owner and the city may be represented by counsel, present oral and written evidence, and cross-examine witnesses.
(3) The City Administrator or his or her designee shall issue a written decision within seven business days after the conclusion of the hearing. The owner shall be mailed a copy of the written decision. The decision of the City Administrator shall be final.
(4) After considering all of the relevant evidence presented at a hearing in accordance with this division, the City Administrator or his or her designee may order the destruction or continued impoundment of the dog, or may release the dog to its owner conditional on the owner complying with the requirements for keeping a vicious dog as established in this section, and conditional on the owner complying with any other requirements that the Director of Public Works deems necessary to protect the public health or safety from the potential danger posed by the dog.
(I) Exemptions. This section shall not apply to the following:
(1) Dogs used by the Police Department or a law enforcement agency;
(2) Dogs that have injured a person, or the property of a person, who was committing a willful trespass or other tort upon the premises of the dog’s owner; and
(3) Dogs that have injured a person, or the property of a person, who was teasing, taunting, tormenting, abusing or assaulting the dog.
(J) Dog fighting prohibited. No person shall possess, harbor or maintain the care or custody of any dog for the purpose of dog fighting, nor shall any person train, torment, badger, bait or otherwise use any dog for the purpose of fighting or for the purpose of causing or encouraging the dog to attack human beings or domestic animals.
(2000 Code, § 6.04.400) (Am. Ord. 2010-09-0307O, passed 9-28-2010; Am. Ord. 2013-03-0434O, § 2 (part), passed 3-12-2013; Am. Ord. 2018-02-0681O, passed 2-27-2018)