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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL CONTROL OFFICER. An employee of the city, designated by the Chief of Police with the approval of the Mayor and City Council, who shall have the power and authority to issue citations for any violations of this chapter relating to the care, treatment, control or impoundment of animals.
AT LARGE. A dog is not under the direct control of the owner.
CHIEF OF POLICE. The highest ranking sworn member of the City’s Police Department and shall include police lieutenants, sergeants, corporals and any other sworn police officer designated by the Chief of Police to undertake the following duties: to coordinate activities conducted under this chapter with regulatory agencies within the State of Illinois.
DANGEROUS DOG. Any dog that, because of its aggressive nature, training or characteristic behavior, presents a risk of serious physical harm or death to human beings or other animals, or would constitute a danger to human life, physical well-being, or property if not kept under the direct control of the owner. This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties. The term DANGEROUS DOG includes any dog that according to the records of the city or any law enforcement agency:
(1) Has aggressively bitten, attacked, endangered, or inflicted severe injury on a human being on public or private property, or when unprovoked, has chased or approached a person upon the street, sidewalks, or any public or private property in a menacing fashion or apparent attitude of attack, provided that such actions are attested to a sworn statement by one or more persons and dutifully investigated by any of the above-referenced authorities;
(2) Has more than once severely injured or killed a domestic animal while off the owner’s property; or
(3) Has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting.
DIRECT CONTROL. Immediate, continuous physical control of a dog such as by means of a leash, cord, secure fence, or chain of such strength to restrain the dog and controlled by a person capable of restraining the dog, or safe and secure restraint within a vehicle. If the controlling person is at all times fully and clearly within unobstructed sight and hearing of the dog, voice control shall be considered direct control when the dog is actually participating in training or in an official showing, obedience, or field event. Direct control shall not be required of dogs actually participating in a legal sport in an authorized area or to government police dogs.
IMPOUNDMENT. The taking or picking up and confining of an animal by any police officer, animal control officer or any public officer under the provisions of the chapter.
MUZZLE. A device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.
OWNER. Any person, partnership, corporation or other legal entity owning, harboring or keeping any animal, or in the case of a person under the age of 18, that person’s parent or legal guardian. An animal shall be deemed to be harbored if it is fed or sheltered for three or more consecutive days. This definition shall not apply to any veterinary clinic or boarding kennel.
SANITARY CONDITION. A condition of good order and cleanliness to minimize the possibility of disease transmission.
UNDER RESTRAINT. That an animal is secured by a leash, led under the control of a person physically capable of restraining the animal and obedient to that person’s commands, or securely enclosed within the real property limits of the owner’s premises.
(Ord. 20-06, passed 7-6-20)
(A) An animal control officer, police officer or any adult person may request under oath that a dog be classified as dangerous as defined by § 92.106 by submitting a sworn, written complaint of a form approved by the Chief of Police to the City Police Department. Upon receipt of such complaint, the Chief of Police shall notify the owner of the dog that a complaint has been filed and that an investigation into the allegations as set forth in the complaint will be conducted.
(B) At the conclusion of an investigation, the Chief of Police may:
(1) Determine that the dog is not dangerous and, if the dog is impounded, waive any impoundment fees incurred and release the dog to its owner; or
(2) Determine that the dog is dangerous and order the owner to comply with the requirements for keeping dangerous dogs set forth in § 92.111, and if the dog is impounded, release the dog to its owner after the owner has paid all fees incurred for the impoundment. If all impoundment fees have not been paid within ten business days after a final determination that a dog is dangerous and notice given to the owner of that determination the Aldermen assigned to the Zoning Department may revoke the license for the dog or may, in their discretion, order that the license for said dog not be renewed in which case the provisions of §§ 92.060 through 92.067 shall apply.
(Ord. 20-06, passed 7-6-20)
(A) Within five business days after declaring a dog dangerous, the Chief of Police shall notify the owner by certified mail of the dog’s designation as a dangerous dog and any specific restrictions and conditions for keeping the dog, as set forth in § 92.111. The Chief of Police also shall notify the Mayor of the designation of any dog as a dangerous dog. Such notification shall describe the dog and specify any particular requirements or conditions placed upon the dog owner and shall be considered as given when personally delivered or placed in the U.S. mail with proper postage affixed.
(B) The notice shall inform the dog owner that he or she may request, in writing, a hearing to contest the finding of the Chief of Police and designation within five business days after delivery of the dangerous dog declaration notice.
(C) If the Chief of Police cannot with due diligence locate the owner of a dog that has been seized pursuant to this chapter, the Chief of Police shall cause the dog to be impounded for not less than five business days. If after five business days, the owner fails to claim the dog, the Chief of Police may cause the dog to be humanely destroyed.
(Ord. 20-06, passed 7-6-20)
(A) The Chief of Police shall hold a hearing within 15 business days after receiving the dog owner’s written request for such a hearing. The Chief of Police shall provide notice of the date, time and location of the hearing to the dog owner by personal service or certified mail and to the complainant by personal service or regular mail.
(B) At a hearing, all interested persons shall be given the opportunity to present evidence on the issue of the dog’s dangerousness. Criteria to be considered in a hearing required by the section shall include, but not be limited to, the following:
(1) Provocation;
(2) Severity of attack or injury to a person or domestic animal;
(3) Previous aggressive history of the dog;
(4) Observable behavior of the dog;
(5) Site and circumstances of the incident; and
(6) Statements from interested parties.
(C) A determination at a hearing that the dog is in fact a dangerous dog as defined in § 92.106 shall subject the dog and its owner to the provisions of this chapter.
(D) Failure of the dog owner to request a hearing shall result in the dog being finally declared a dangerous dog and shall subject the dog and its owner to the provisions of this chapter.
(Ord. 20-06, passed 7-6-20)
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