(a) “Vicious Dog” Defined. For purposes of this section, “vicious dog” means a dog falling within any of the following categories:
(1) 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;
(2) 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; or
(3) Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal.
(b) Declaring a Dog “Vicious.” For purposes of this section, the term “Village Manager” shall mean the Village Manager or his or her designee. If the Village Manager has reason to believe that a dog falls within any of the categories that would render it vicious, the Village Manager 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 Village Manager determines that the dog is vicious, as defined in this section, the Village Manager may declare that the dog is vicious in accordance with this section.
(c) Notice of Vicious Dog Declaration. Within seven days of a determination that a dog is vicious, the Village Manager shall notify the dog’s owner, if known, in writing, of the proposed declaration. This notice shall identify the requirements and conditions for maintaining a vicious dog as set forth in this section. If the owner is unknown or cannot be located, the dog may be immediately impounded. If the owner’s address is known, but the owner cannot be located, the notice shall be posted on the owner’s property and 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 Village Manager 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 proposed declaration, and the declaration will become final. In such 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 for the Village Manager, a hearing shall be scheduled by the Village. The hearing shall be conducted by the Village Manager. The hearing will be informal and strict rules of evidence shall not apply. The owner may present oral and written evidence, and cross-examine witnesses.
(3) The Village Manager 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 Village Manager shall be final.
(4) In the event that the Village Manager upholds the proposed 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 the Village, the owner shall be required to act in accordance with some or all of the following conditions as the Village Manager deems appropriate:
(1) Confinement. The vicious dog shall be securely confined indoors or in an enclosed and locked pen or structure upon the premises of the owner. 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. 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 animal to go outside its kennel, pen or structure, unless the animal is muzzled, restrained by a chain or leash not more than four feet long, and under the physical control of a person.
(3) Signs. 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. The sign must be legible from the public streets or thoroughfares upon which the owner’s property adjoins. The owner shall also display a sign with a symbol warning children of the presence of a vicious dog. Exact or similar signs shall be posted on the dog’s kennel, pen or enclosed structure.
(4) Insurance. The owner of a vicious dog must maintain homeowner’s insurance providing a minimum amount of one hundred thousand dollars ($100,000.00) of coverage, insuring the owner for any damage or personal injury which may be caused by his or her vicious animal. Upon a declaration that a dog is vicious, the owner of the animal must provide proof to the Village Manager that the owner possesses the required insurance. Upon request of the Village, the owner may be required to present proof of insurance demonstrating that the owner is maintaining said insurance.
(5) Notice of change of status. The owner of a vicious dog shall notify the Village Manager or the Police Department immediately upon learning that the vicious animal is unconfined or on the loose, or if the dog has attacked a human being or domestic animal.
(6) Notice of change of ownership. If the owner of a vicious dog sells, gives away or otherwise transfers custody or ownership of the vicious animal, the owner shall, within three days of the sale or transfer, provide the Village Manager or Police Department with the name, address and telephone number of the vicious dog’s new owner or custodian. The owner shall notify the new owner or custodian of the animal’s designation as a vicious dog . If the new owner or custodian resides or keeps the animal within the corporate limits of the Village, 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 Village Manager may order the impoundment and destruction of a vicious 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 Village Manager shall notify the animal’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. Such a request must be filed with the Village Manager within seven days after the owner received notice of the impoundment. 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. In such situation, the Village Manager may order the destruction of the animal 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 Village administration, a hearing shall be scheduled by the Village. The hearing shall be conducted by the Village Manager. The hearing will be informal and rules of evidence shall not apply. The owner may present oral and written evidence, and cross-examine witnesses.
(3) The Village Manager 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 Village Manager shall be final.
(4) After considering all of the relevant evidence presented at a hearing in accordance with this division (h), the Village Manager may order the destruction or continued impoundment of the dog, or may release the animal 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 Village Manager deems necessary to protect the public health or safety from the potential danger posed by the animal.
(5) The owner shall be responsible for all costs associated with impoundment and destruction. The Village Manager is authorized to lien the property of any owner to secure payment of this obligation.
(i) Exemptions. The following shall not be considered vicious dogs:
(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 animal’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 animal.
(j) Any person found violating division (f)(2) of this section shall be fined not less than two hundred-fifty dollars ($250.00).
(Ord. 321A. Passed 4-22-69; 1976 Code §§4-37, 4-38, 4-40; Ord. 1244. Passed 12-12-05.)