(A) "VICIOUS DOG."
(1) Any individual dog that, when unprovoked, attacks a human being or other domestic animal either on public or private property, and inflicts physical injury
or death;
(2) Any individual dog with a known propensity, tendency, or disposition to attack without provocation, to cause injury, or to otherwise put the safety of humans or domestic animals at risk;
(3) Any individual dog which attacks a human being or domestic animal without provocation;
(4) Any individual dog which has been found to be a "dangerous" dog upon two separate occasions;
(5) Any dog deemed "vicious" or equivalent by another municipality, county, or state;
(6) Any individual dog that has a trait or characteristic and a generally known reputation of viciousness, dangerousness or unprovoked attacks upon humans or other animals, unless handled in a particular manner or with special equipment;
(7) 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 law enforcement dog.
(B) "DANGEROUS DOG."
(1) Any individual dog which behaves in a way that constitutes a physical threat of bodily harm to a person or domestic animal in a place where such person or animal is conducting himself or herself peacefully and lawfully;
(2) Which chases or approaches a person or domestic animal upon a street, sidewalk, or any public grounds in a menacing fashion or apparent attitude of attack;
(3) Bites a person or domestic animal, but does not cause physical injury;
(4) Any dog deemed "dangerous" or equivalent by another municipality, county or state.
(C) "NUISANCE DOG."
(1) Any individual dog which on three separate occasions within a 12 month period, has been (a) observed to be unrestrained or uncontrolled off its owner's premises, or (b) has been impounded by Romeoville Animal Control for being unrestrained, creating a noise nuisance, or uncontrolled off its owner's premises; or
(3) Any individual dog that has been declared by another governmental agency or authority having jurisdiction to constitute a nuisance on terms and conditions substantially similar to those set forth herein, regardless of the specific name or terminology used in such declaration.
(D) "NUISANCE ANIMAL."
(1) Any individual animal other than a dog which on three separate occasions within a 12 month period, has been (a) observed to be unrestrained or uncontrolled off its owner's premises, or (b) has been impounded by Romeoville Animal Control for being unrestrained, creating a noise nuisance, or uncontrolled off its owner's premises; or
(2) Any individual cat that has been declared by another governmental agency or authority having jurisdiction to constitute a nuisance on terms and conditions substantially similar to those set forth herein, regardless of the specific name or terminology used in such declaration.
(E) "ENCLOSURE." For purposes of this chapter, shall mean either:
(1) A fence or structure of at least six feet in height, and no more than 15 feet by eight feet in area, forming or creating an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog. Such enclosure must be securely enclosed, locked, and designed with secure sides, top and bottom. The structure must be designed to prevent the animal from escaping. If said fence or structure does not have a bottom which is secured to the sides, the sides must be embedded in the ground. Such enclosure must be within an area fenced by a stockade fence six feet in height, and all gates within said fence must remain locked at all times; or
(2) In any circumstances where applicable law or the provisions of a recorded instrument establishing a declaration of covenants or restrictions prevent the construction of an enclosure as set forth in division (E)(1) above, a structure consisting of other means and methods of physical confinement of the dog contained therein, consisting of walls, fences, gates, bars and/or other physical restraints reasonably determined by the Village Police Department to be effective in preventing the escape of the animal confined therein from the premises on which the same shall be located.
(F) "OWNER." Any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his care, or acts as its custodian, or who knowingly permits or purposely attracts a domestic, wild or exotic animal to remain on or about any premise occupied by that person.
(Ord. 17-1377, passed 6-7-17; Am. Ord. 20-1621, passed 1-15-20)