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§ 90.23 DISPOSITION OF ANIMALS.
   Any dog or other animal, which has not been redeemed within the time specified in § 90.22 of this chapter shall be humanely destroyed or otherwise disposed of by the Director of the county animal pound.
(Prior Code, § 90-1-27) (Ord. 2006-014, passed 7-10-2006)
§ 90.24 EXCREMENT REMOVAL REQUIRED.
   (A)   No person shall appear with an animal upon the public ways or within public places or upon the property of another, absent that person's consent, without some means for the removal of excrement; nor, shall any person fail to remove any excrement deposited by such an animal. This section shall not apply to a blind person while walking his or her guide dog.
   (B)   Any person convicted of a violation of this section shall be fined $100 for the first offense and $150 for second and subsequent offenses within a two-year period.
(Ord. 21-014, passed 6-21-2021)
DANGEROUS, VICIOUS ANIMALS
§ 90.35 VICIOUS DOGS, ANIMALS.
   (A)   In order to have an animal deemed vicious, an Animal Control Officer, Chief of Police or the Village Attorney must give notice of the infraction that is the basis of the investigation to the owner. The Police Department shall conduct a thorough investigation, interview any witnesses, including the owner, gather any existing medical records, veterinary medical records or behavioral evidence, and make a detailed report recommending a finding that the animal is a vicious animal and give the report to the State’s Attorney’s Office and the owner. The State’s Attorney, Village Attorney or Animal Control Officer may file a complaint in the Circuit Court to deem a dog to be a vicious dog. Testimony of a certified applied behaviorist, a Board-certified veterinary behaviorist or another recognized expert may be relevant to the Court’s determination of whether the dog’s behavior was justified. The petitioner must prove the dog is a vicious dog by clear and convincing evidence. County Animal Control shall determine where the animal shall be confined during the pendency of the case. The provisions and appeal rights of this section shall be carried out pursuant to § 15 of the Animal Control Act, 510 ILCS 5/15.
   (B)   If the dog is found to be a vicious dog, the dog shall be spayed or neutered within ten days of the finding at the expense of its owner and microchipped, and subject to enclosure. A dog found to be a vicious dog shall not be released to the owner until the Animal Control Warden, or Chief of Police, approves the enclosure. No owner or keeper of a vicious dog shall sell or give away the dog without Court approval. Whenever an owner of a vicious dog relocates, he or she shall notify both the Administrator of County Animal Control where he or she has relocated and the Administrator of County Animal Control where he or she formerly resided.
   (C)   (1)   It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog unless the dog is kept in an enclosure. The only times that a vicious dog may be allowed out of the enclosure are:
         (a)   If it is necessary for the owner or keeper to obtain veterinary care for the dog;
         (b)   In the case of an emergency or natural disaster where the dog’s life is threatened; or
         (c)   To comply with the order of a court of competent jurisdiction; provided that, the dog is securely muzzled and restrained with a leash not exceeding six feet in length, and shall be under the direct control and supervision of the owner or keeper of the dog or muzzled in its residence.
      (2)   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, an Animal Control Warden or the law enforcement authority having jurisdiction in such area.
      (3)   If the owner of the dog has not appealed the impoundment order to the Circuit Court in the county in which the animal was impounded within 15 working days, the dog may be euthanized.
      (4)   Upon filing notice of appeal, the order of euthanasia shall be automatically stayed pending the outcome of the appeal. The owner shall bear the burden of timely notification to Animal Control in writing.
      (5)   Guide dogs for the blind or hearing impaired, support dogs for the physically disabled 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 section, each such dog shall be currently inoculated against rabies in accordance with § 8 of the Animal Control Act. It shall be the duty of the owner of such exempted dog to notify the Administrator of changes of address. In the case of a sentry or guard dog, the owner shall keep the Administrator advised of the location where such dog will be stationed. The Administrator 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 or her.
(Prior Code, § 90-1-23) (Ord. 2006-014, passed 7-10-2006) Penalty, see § 90.99
§ 90.36 DANGEROUS DOG, ANIMAL DETERMINATION.
   (A)   After a thorough investigation including: sending, within three days of the Chief of Police or Animal Control Officer becoming aware of the alleged infraction, notifications to the owner of the alleged infractions, the fact of the initiation of an investigation and affording the owner an opportunity to meet with the Chief of Police or Animal Control Officer prior to the making of a determination; gathering of any medical or veterinary evidence; interviewing witnesses; and, making a detailed written report, an Animal Control Warden, or Chief of Police, may ask the Administrator of County Animal Control, or his or her designee, to deem a dog to be dangerous. No dog shall be deemed a dangerous dog without clear and convincing evidence. The owner shall be sent immediate notification of the determination by registered or certified mail that includes a complete description of the appeal process.
   (B)   A dog shall not be declared dangerous if the Administrator, his or her designee, or the Director determines the conduct of the dog was justified because:
      (1)   The threat was sustained by a person who at the time was committing an offense upon the owner or custodian of the dog;
      (2)   The threatened person was tormenting, abusing, assaulting or physically threatening the dog or its offspring;
      (3)   The injured, threatened or killed companion animal was attacking or threatening to attack the dog or its offspring; or
      (4)   The dog was responding to pain or injury or was protecting itself, its owner, custodian or a member of its household, kennel or offspring.
   (C)   Testimony of a certified applied behaviorist, a Board-certified veterinary behaviorist or another recognized expert may be relevant to the determination of whether the dog’s behavior was justified pursuant to the provisions of this section.
   (D)   If deemed dangerous, the Administrator, or his or her designee, or the Director shall order the dog to be spayed or neutered within 14 days at the owner’s expense and microchipped, if not already, and one or more of the following as deemed appropriate under the circumstances and necessary for the protection of the public:
      (1)   Evaluation of the dog by a certified applied behaviorist, a Board-certified veterinary behaviorist or another recognized expert in the field and completion of training or other treatment as deemed appropriate by the expert. The owner of the dog shall be responsible for all costs associated with evaluations and training ordered under this division (D)(1); or
      (2)   Direct supervision by an adult 18 years of age or older whenever the animal is on public premises.
   (E)   The Administrator or Chief of Police may order a dangerous dog to be muzzled whenever it is on public premises in a manner that will prevent it from biting any person or animal, but that shall not injure the dog or interfere with its vision or respiration.
   (F)   (1)   Guide dogs for the blind or hearing impaired, support dogs for the physically disabled 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 section, each such dog shall be currently inoculated against rabies and performing duties as expected.
      (2)   It shall be the duty of the owner of the exempted dog to notify the Administrator of changes of address. In the case of a sentry or guard dog, the owner shall keep the Administrator advised of the location where such dog will be stationed.
      (3)   The Administrator shall provide Police and Fire Departments with a categorized list of the exempted dogs, and shall promptly notify the Departments of any address changes reported to him or her.
(Prior Code, § 90-1-24) (Ord. 2006-014, passed 7-10-2006)
§ 90.37 DANGEROUS DOG; LEASH.
   It is unlawful for any person to knowingly or recklessly permit any dangerous dog to leave the premises of its owner when not under control by leash or other recognized control methods.
(Prior Code, § 90-1-25) (Ord. 2006-014, passed 7-10-2006) Penalty, see § 90.99
§ 90.38 DANGEROUS DOG; APPEAL.
   (A)   The owner of a dog found to be a dangerous dog pursuant to this chapter by an Administrator may file a complaint against the Administrator in the Circuit Court within 35 days of receipt of notification of the determination, for a de novo hearing on the determination pursuant to § 15.3 of the Animal Control Act, 510 ILCS 5/15.3.
   (B)   The owner of a dog found to be a dangerous dog pursuant to the Animal Control Act by the Director may, within 14 days of receipt of notification of the determination, request an administrative hearing to appeal the determination pursuant to the Department of Agriculture’s rules applicable to formal administrative proceedings (8 Ill. Admin. Code part 1, subparts A and B).
   (C)   Until the order has been reviewed and at all times during the appeal process, the owner shall comply with the requirements set forth by the Administrator, the Court or the Director.
   (D)   At any time after a final order has been entered, the owner may petition the Circuit Court to reverse the designation of dangerous dog.
(Prior Code, § 90-1-26) (Ord. 2006-014, passed 7-10-2006)
KEEPING OF CHICKENS
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