(A) For purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS DOG. An individual dog which when either unmuzzled, unleashed, or unattended by its owner, or a member of its owner’s family, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon streets, sidewalks, or any public grounds or places.
ENCLOSURE. A fence or structure of at least six feet in height, forming or causing an enclosure suitable to prevent entry of young children, and suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of a vicious dog within the enclosure. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping from the enclosure.
FOUND TO BE A VICIOUS DOG.
(a) The Administrator, Animal Control Warden, or law enforcement officer has conducted an investigation and made a finding in writing that the dog is a vicious dog as defined in this section and based on that finding, the Administrator or Animal Control Warden has declared in writing that the dog is a vicious dog; or
(b) The Circuit Court or the Administrative Review Officer has found the dog to be a vicious dog as defined in this section and has entered an order based on that finding.
VICIOUS DOG.
(a) 1. Any individual dog that when unprovoked inflicts bites or attacks a human being or other animal either on public or private property; or
2. Any individual dog with 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
3. Any individual dog that has a trait or characteristics and a generally known reputation for viciousness, dangerousness or unprovoked attacks upon human beings or other animals, unless handled in a particular manner or with special equipment; or
4. Any individual dog which attacks a human being or domestic animal without provocation; or
5. Any individual dog which has been found to be a “dangerous dog” upon three separate occasions.
(b) 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 guard duties. VICIOUS DOGS shall not be classified in a manner that is specific as to breed.
(B) All dogs found to be vicious dogs shall be subject to enclosure.
(C) It shall be the duty of the owner or any person having custody of any dangerous or vicious dog to keep the same safely and securely muzzled.
(D) 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 are:
(1) If it is necessary for the owner or keeper to obtain veterinary care for the dog; or
(2) To comply with the order of a court of competent jurisdiction, including an Administrative Review Court, providing that the dog is securely muzzled and restrained with a chain having a tensile strength of 300 pounds and not exceeding three feet in length, and shall be under the direct control and supervision of the owner or keeper of the dog. Any dog which has been found to be a vicious dog and which is not confined to an enclosure, shall be impounded by the Administrator, Animal Control Warden, or law enforcement authority having jurisdiction in such area and, after seven working days, shall be turned over to a licensed veterinarian for humane destruction. If the owner of the dog has not appealed the impoundment order to the Circuit Court of Pike County, Illinois, within seven working days, the dog may be humanely dispatched. A dog found to be a vicious dog shall not be released until the Administrator or the Animal Control Warden approves the enclosure as defined in this section.
(E) No owner or keeper of a vicious dog shall sell or give away the dog.
(F) 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 subsection, each dog shall be currently inoculated against rabies in accordance with the Illinois Small Animals Control Warden. In the case of a sentry or guard dog, the owner shall keep the Animal Control Warden advised of the location where such dog will be stationed. The Animal Control Warden shall provide Police and Fire Departments with a categorized list of such exempted dogs, and shall promptly notify such departments of any address changes reported to him.
('74 Code, § 5-21) (Ord. 745, passed 3-16-65; Am. Ord. 969, passed 9-18-79; Am. Ord. 1263, passed 6-4-02) Penalty, see § 91.99