(A) Any violation of the requirements set forth in § 90.291 is subject to a $750 fine, and each day that such violation shall occur or continue shall constitute a separate offense. If a subsequent offense occurs, such owner will be subject to a fine of $1,000, and if a third offense occurs thereafter, in addition to a fine of $1,000, the animal will be subject to confiscation by the Animal Control Warden, and thereafter humanely euthanized.
(B) Any vicious dog found not to be confined to an enclosure in violation of the requirements of this chapter shall be impounded by the Animal Control Warden or by any law enforcement authority having jurisdiction in such area and shall thereafter be humanely euthanized.
(C) Any vicious dog that has bitten another person and/or domestic animal, or is suspected of having rabies shall be immediately impounded by the Animal Control Warden, and thereafter tested for rabies by a licensed veterinarian or as otherwise required by applicable law. It shall be unlawful for the owner of any vicious dog to give or sell such dog, or to allow such dog to be taken beyond the corporate limits of the village prior to impoundment. It is the responsibility of the owner, upon learning or receiving notice of the aforesaid facts, to immediately notify the Animal Control Warden so that such dog can be impounded. Any such dog found to have rabies shall thereafter immediately be humanely euthanized.
(D) In the event a biting or attacking vicious dog is (i) impounded pursuant to this section or (ii) declared in writing to be vicious within the meaning of § 90.290, the owner shall be given written notice that he or she may request a hearing with respect to the impoundment or the declaration. The request for such hearing must be made by the owner within five days of the date of the notice of impoundment or the date of declaration that the dog is vicious. The hearing shall be held expeditiously upon the request of the owner, and within 15 days of the date of the owner's request for hearing, unless otherwise agreed by the village and the owner. The sole matter to be determined in such hearing shall be the propriety of the impoundment or the issuance of the declaration that the dog is vicious. The hearing shall be conducted before a village Hearing Officer in accordance with the provisions of Chapter 42A of the Village Code of Ordinances.
(E) The owner of a vicious dog who knowingly fails to take appropriate precautions, as required by this chapter, to confine and restrain such dog, shall be liable for restitution of actual damages to the victims thereof for personal injury and property damage caused by the dog when not properly confined or restrained.
(F) Any municipal corporation, county, township, village or any other political subdivision or department of the State of Illinois, or the United States or any of its instrumentalities, or any person, partnership, corporation, association or any incorporated or unincorporated religious, education or charitable organization is entitled to enforce the liability imposed by this section.
(G) No recovery under this section may exceed $100,000 actual damages for each person, or legal entity as provided in division (E) of this section, in addition to taxable court costs. In determining the damages to be allowed in an action under this section for personal injury, only medical, dental and hospital expenses and nursing care appropriate thereto may be considered.
(H) This section shall not affect the recovery of damages in any other cause of action where the liability of the owner of the vicious dog is predicated on a common law basis.
(I) In addition to the fines and penalties provided herein, if the owner of a dog that was declared vicious by order of the Circuit Court for the 12th Judicial Circuit fails to abide by any of the requirements of the ordinances pertaining to vicious dogs pursuant to such court order, such owner shall be subject to being held in contempt of court.
(Ord. 17-1377, passed 6-7-17; Am. Ord. 19-1544, passed 3-6-19)