For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ALTERNATE ENCLOSURE: An area within which a dog is confined by a fence or structure of sufficient strength. Such "alternative enclosure" shall be subject to the approval of an animal control officer and suitable to prevent the entry of small children.
ANIMAL: All animals, reptiles, birds or fish unless the text limits the application to a particular species of animal.
ANIMAL CONTROL: The Sangamon County animal control division and those designated by the village of Sherman and the chief of police.
ANIMAL CONTROL OFFICER: An employee of the Sangamon County animal control division or those designated by the village of Sherman chief of police whose duty it is to enforce the provisions of this chapter.
AT LARGE: Any animal not under "restraint", as defined in this section.
CAT: An animal, regardless of sex, of the feline species.
CHIEF OF POLICE: The chief of the village of Sherman police department.
DEPARTMENT OF AGRICULTURE: The department of agriculture of the state of Illinois.
DISTURBANCE: A disturbance caused by an animal that is distressing or loud or unusual in nature and disturbs the peace or quiet of any place, neighborhood, family or persons in the village, that lasts longer than fifteen (15) minutes, and is documented by law enforcement or animal control.
DOG: All animals, regardless of sex, of the canine species.
EXCREMENT: Waste matter discharged from the body including, but not limited to, animal feces.
INOCULATION AGAINST RABIES: The injection, subcutaneously or otherwise, of a canine antirabies vaccine approved as provided by law.
ORDERED ENCLOSURE: A fence or structure, at least six feet (6') in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious animal. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping from the enclosure.
OWNER OR KEEPER: A person having a right of property in an animal, who keeps or harbors such animal, or who cares for or who acts as custodian or who knowingly permits a dog to remain on any premises occupied by him or her. "Owner or keeper" does not include a feral cat caretaker participating in a trap, spay/neuter, return or release program.
POUND: The facility approved by the chief of police for the impoundment of animals.
PUBLIC ENTRANCE: The entranceway of a residence or other building closest to the public street or sidewalk or one which would be reasonably perceived by the public to be the entrance to the dwelling available for public use.
REPETITIOUS DISTURBANCE: A disturbance that occurs on more than two (2) occasions which takes place over a reasonably short period of time.
RESTRAINT: A. Attached to a leash held by a responsible person or, if not a leash, in close proximity to its owner and trained such that it adheres to voice command.
B. Attached to a structure or fixture or enclosed in a fenced yard, including an operable underground "invisible" fencing system, in such a manner that it is unable to reach beyond the limits of the owner's or keeper's property and is unable to reach or molest servicepersons or casual visitors to the owner's or keeper's property using the public entrance or persons placing mail in a mailbox or delivering newspapers at the request of the owner.
VICIOUS ANIMAL: Any individual animal, including a vicious dog, that, when unprovoked, inflicts bites or attacks a human being or other animal either on public or private property. No animal shall be deemed "vicious" if it bites, attacks or menaces a trespasser on the property of its owner or keeper or harms or menaces anyone who has tormented or abused it.
VICIOUS DOG: A. Means the following:
1. An individual dog which, when either unmuzzled, unleashed, or unattended by its owner, member of its owner's family, or keeper, in a terrorizing or aggressive manner, approaches any person or animal in an apparent attitude of attack upon streets, sidewalks, or any public grounds or places or property other than that of its owner, a member of its owner's family or keeper.
2. Any dog which, when unprovoked, has killed, or seriously bitten, or inflicted injury, or otherwise caused injury by attacking a person or another animal off the property of the owner or keeper of the dog.
B. A dog may not be deemed vicious if the court determines the conduct of the dog was justified because:
1. The threat, injury, or death was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog, or was committing a wilful trespass or other tort upon the premises or property owned or occupied by the owner of the animal;
2. The injured, threatened, or killed person was abusing, assaulting, or physically threatening the dog or its offspring, or has in the past abused, assaulted, or physically threatened the dog or its offspring; or
3. The dog was responding to pain or injury, or was protecting itself, its owner, custodian, member of its household, kennel, or offspring.
C. No dog shall be deemed vicious if it is a professionally trained dog for law enforcement or guard duties. Vicious dogs shall not be classified in a manner that is specific as to breed.
WORKING DAY: Any day when the office or public entity referred to was open for the transaction of business. (Ord. 2007-10, 12-18-2007)