A. A complaint can be made to any Village police officer by any person who is a victim or a witness to an alleged dog bite or any other infraction of this chapter. The complaint shall set forth the nature and date of the incident, a description of the dog, and if known, the dog owner or custodian's name and/or address. Within ten (10) business days of a complaint being filed, any Village police officer, or designee, shall mail written notice to the owner or custodian of the dog. This notice shall advise the owner or custodian of the alleged infraction(s), that an investigation has been initiated, and that the owner or custodian has the option to meet and/or provide a statement to the investigating officer.
B. After a preliminary investigation, if there is probable cause to believe the dog was not justified and inflicted serious physical injury or death to any person or animal, the dog shall be impounded at a licensed veterinarian clinic, shall remain impounded while the investigation is ongoing, and shall not be released until the Village dog warden or a Judge of the Circuit Court orders its release, or makes a finding that the dog is not dangerous. For bites, scratches, or injuries from a dog that do not cause serious physical injury or death, the dog shall only be impounded at the discretion of the Village dog warden if it is determined the dog may be suffering from rabies or other communicable diseases or if it is the best interest of the public. Impoundment of a dog may precede filing of a complaint and notice to the owner of such an infraction if probable cause exists.
C. If the Village dog warden or any Village police officer requests an owner to procure a dog for impoundment pending an investigation, and the owner fails to procure the dog, the owner may be required to pay for the administrative costs and court costs to enforce the impoundment.
D. The investigating officer shall conduct a thorough investigation including, but not limited to, gathering any possible medical and/or veterinary evidence pertaining to the victim(s) and the dog, interviewing witnesses, obtaining photographs of injuries, obtaining any behavioral evidence, and making a detailed report. The dog's owner may supplement the investigation by providing their own evidence, written statements, or obtaining their own behavioral evidence, such as a written report or evaluation by a canine behaviorist. All supplemental evidence, including a behavioral report, shall be at the owner's expense.
E. Upon completion of the investigating officer's report, the officer shall provide the report and any other relevant information to the Village dog warden for its determination. Any Village police officer involved in such an investigation may ask the Village dog warden to make a determination of dangerous dog or to make a determination that the allegations are unfounded or otherwise not sufficiently supported by corroborating evidence.
F. When a determination is made, the Village dog warden shall provide written notice of the determination to the owner or custodian by certified mail, return receipt requested. If the dog was declared dangerous, the notice shall state all penalties applicable and the right to appeal such a determination within thirty five (35) days.
A dog shall not be determined to be a dangerous dog if the actions of the dog were justified because: 1) the person threatened or injured was committing a crime or other offense upon the dog's owner, custodian, member of its household, kennel, or offspring, or was trespassing or committing some other tort upon the property occupied by the dog's owner or custodian; 2) the person threatened or injured was abusing, assaulting or physically threatening the dog or its offspring; or 3) the dog was responding to pain or injury, or was protecting itself, its owner, custodian, or other member of its household, kennel or offspring during the commission of a crime by the person injured. (Ord. 18-1873, 2-27-2018)