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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)
Appeal from dangerous dog declaration. If the Chief of Police determines that a dog is dangerous at the conclusion of a hearing conducted under § 92.109, that decision shall be final unless the dog owner applies to a court of competent jurisdiction for any remedies that may be available within ten calendar days after receiving notice that the dog has been finally declared dangerous. The appeal shall be a civil proceeding for the purpose of affirming or reversing the determination of dangerousness by the Chief of Police.
(Ord. 20-06, passed 7-6-20)
The keeping of a dangerous dog as defined in § 92.106 shall be subject to the following requirements:
(A) Leash. No person having charge, custody, control or possession of a dangerous dog shall allow the dog to exit its kennel, pen or other property enclosure unless such dog is securely attached to a leash not more than four feet in length. No such person shall permit a dangerous dog to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person capable of controlling the dog is in physical control of the leash.
(B) Muzzle. It shall be unlawful for any owner or keeper of a dangerous dog to allow the dog to be outside of its proper enclosure unless it is necessary for the dog to receive veterinary care or exercise. In such cases, the dog shall wear a properly fitted muzzle to prevent it from biting humans or other animals. Such muzzle shall not interfere with the dog’s breathing or vision.
(C) Confinement. Except when leashed and muzzled as provided in this section, a dangerous dog shall be securely confined indoors or confined in a locked pen or other secure enclosure that is suitable to prevent the entry of children and is designed to prevent the entry of children and is designed to prevent the dog from escaping. The enclosure shall include adequate shelter and protection from the elements, adequate light and ventilation, and room for adequate exercise. The enclosed structure shall be kept in a clean and sanitary condition and shall meet the following requirements:
(1) The structure must have secure sides and a secure top, or all sides must be at least eight feet high provided such height is permitted by other sections of the Polo Code of Ordinances;
(2) The structure must have a bottom permanently attached to the sides or the sides must be embedded not less than one foot into the ground; and
(3) The structure must be of such material and closed in such a manner that the dog cannot exit the enclosure on its own.
(D) Indoor confinement. No dangerous dog shall be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such dog shall be kept in a house or structure when the windows or screen doors are the only obstacles preventing the dog from exiting the structure.
(E) Signs. All owners, keepers or harborers of a dangerous dog shall display in a prominent place on their premises a sign easily readable by the public using the words “BEWARE OF DOG.”
(F) Liability insurance, surety bond. The owner of a dangerous dog shall present to the Chief of Police proof that he or she has procured liability insurance in the amount of not less than $100,000 covering any damage or injury that may be caused by such dangerous dog. The policy shall contain a provision requiring that the city be notified immediately by the agent issuing the policy in the event that the insurance policy is canceled, will terminate or will expire. The liability insurance shall be obtained prior to the issuing of a permit to keep a dangerous dog. The dog owner shall sign a statement attesting that he or she shall maintain and not voluntarily cancel the liability insurance policy during the 12-month period for which a permit is sought, unless he or she ceases to own or keep the dog prior to the expiration date of the permit period.
(G) Animals born of registered dogs. All offspring born of dangerous dogs registered with the City Police Department also must be registered with the City Police Department within six weeks of birth.
(H) Notification of escape. The owner or keeper of a dangerous dog shall notify the City Police Department immediately if such dog escapes from its enclosure or restraint and is at large. Such immediate notification shall also be required if the dog bites or attacks a person or domestic animal.
(I) Failure to comply. It shall be unlawful for any owner of a dangerous dog registered with the City Police Department to fail to comply with the requirements and conditions set forth in this section. Any dog found to be in violation of this section shall be subject to immediate seizure and impoundment. In addition, failure to comply with the requirements and conditions set forth in this chapter shall result in the revocation of the dog’s license and the permit providing for the keeping of such animal.
(Ord. 20-06, passed 7-6-20)
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