A. Declaring Animals Vicious:
1. Animals Generally: An animal control officer, the village attorney, state attorney's office, or any citizen of the village may file a complaint in the circuit court of the county in the name of the people of the state of Illinois for a declaratory judgment that a particular described animal is "vicious", as defined in section 6-5-1 of this chapter. Upon the court's finding that the animal is a "vicious animal", as defined in section 6-5-1 of this chapter, the court shall enter an order consistent with this section.
2. Dogs:
a. Animal control officers may declare a dog as vicious after meeting all of the following requirements:
(1) Giving notice of the infraction that is the basis of the investigation to the owner.
(2) Conducting an investigation.
(3) Gathering medical records, veterinary medical records or behavioral evidence.
(4) Making a finding in writing that the dog is "vicious" pursuant to this section.
(5) Designating the specific subsection of this section which applies to that particular investigation.
(6) Giving the report to the state attorney's office and the owner.
(7) Interview any witnesses, including the owner.
b. A declaration by an animal control officer that a dog is vicious may be challenged.
B. Enclosure Required:
1. No person shall keep or maintain any animal which has been found, pursuant to subsection A of this section, to be a vicious animal unless such animal is at all times kept in an enclosure of the type described in section 6-5-1, definition of "ordered enclosure", of this chapter.
2. Any "vicious animal", as defined in section 6-5-1 of this chapter, may conform to the requirements of any alternate enclosure with the approval of animal control.
C. Sign Requirements: All owners and/or keepers of any animal found to be vicious shall display, in a prominent place on their premises where the vicious animal is confined, a clearly visible sign in accordance with the following requirements:
1. The sign must have the following dimensions: Eight and one- half inch by eleven inch (81/2" x 11") sign with red letters on a white background. The first three (3) words, "Declared Vicious Animal", must be at least two inches (2") in height, and the sign shall read as follows:
DECLARED
VICIOUS
ANIMAL
SANGAMON COUNTY
ANIMAL CONTROL DIVISION
2. The sign must be displayed at the entrance of the enclosure where the animal is kept.
3. In the event animal control officers find that an enclosure has more than one entrance, the officers may require a sign at each entrance.
D. When Animal Allowed Out Of Enclosure: The only times that a vicious animal may be allowed out of the enclosure is:
1. If it is necessary for the owner or keeper to obtain veterinary care for the vicious animal;
2. In the case of an emergency or natural disaster where the animal's life is threatened; or
3. To comply with the order of the circuit court of the county; provided, that said vicious animal is securely muzzled and restrained with a leash not exceeding six feet (6') in length, and shall be under the direct control and supervision of the adult owner and/or keeper of the vicious animal or muzzled in its residence.
E. Spaying Or Neutering And Microchipping Vicious Dogs: If a dog is found to be a vicious dog, the dog shall be spayed or neutered within ten (10) days of the finding at the expense of its owner and microchipped.
F. Impoundment: Any animal which has been found to be a vicious animal and which is not confined to an enclosure and muzzled shall be impounded by the law enforcement authority having jurisdiction in such area.
G. Euthanization: If the owner of the animal has not appealed the impoundment order to the circuit court of the county within fifteen (15) working days, the animal may be euthanized. Upon filing a 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. (Ord. 2007-10, 12-18-2007)