A. Except as provided below, any person who violates any provisions or section of this chapter, in addition to any impoundment costs that may be applicable, shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) for the first offense within any calendar year and not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) for each subsequent offense within any calendar year.
B. In addition to the fines applicable under subsection A of this section, if a dog is determined to be a dangerous dog, then the following additional penalties may apply:
1. Fines of up to seven hundred fifty dollars ($750.00) for the first or subsequent offense;
2. The dog may be required to get spayed, neutered, and/or microchipped within ten (10) days at the owner's expense, if it is not already;
3. The owner may be required to obtain liability insurance coverage in the amount of at least one hundred thousand dollars ($100,000.00), that covers death, injury, and property damage caused by the dangerous or vicious dog, and the policy shall contain a provision that the Village will be notified by the insurance company of any cancellation, termination or expiration of the policy;
4. The dog may be required to be kept on a six foot (6') or less non-retractable leash;
5. The dog may be subject to an enclosure, as defined above;
6. When not enclosed, the dog may be prohibited from leaving its owner or custodian's property unless for the purposes of obtaining veterinarian or grooming care;
7. At all times when not enclosed, the dog may be required to be securely muzzled, under the direct control and supervision of its owner or custodian, and restrained with a non-retractable chain having a tensile strength of three hundred (300) pounds and not exceeding three feet (3') in length; and
8. If the owner challenges or appeals a determination, the owner may be liable for costs including but not limited to reasonable impoundment costs, boarding costs, pet food costs, necessary veterinarian care during the impoundment, and destruction of the dog.
C. In addition to the other applicable penalties, the Village dog warden or a Judge of the Circuit Court may order that the dog is not permitted on public premises unless it is under the supervision and control of an adult eighteen (18) years of age or older who is capable of controlling and restraining the dog.
D. In addition to the other applicable penalties, the Village dog warden or a Judge of the Circuit Court may order that the dog is not permitted on public premises unless it is wearing a muzzle which is of a make and proper fit so as to effectively prevent the dog from biting any person or animal, however, the muzzle shall not injure the dog or interfere with the dog's vision or respiration.
E. The Village dog warden, his designee, or any Village police officer has the right to impound a dangerous dog pursuant to the same procedures and fees enumerated in section 5-2-4 of this chapter if the owner fails to comply with requirements of any provision or section of this chapter.
F. In addition to the fines and penalties set forth above, if a dog is determined to be a vicious dog the Village dog warden and/or a Judge of the Circuit Court has the discretion to order that the vicious dog be destroyed. (Ord. 18-1873, 2-27-2018)