A. Definitions: A "dangerous" or "vicious" dog shall include any or all of the following, except police dogs or guard dogs acting under the supervision of a police officer or certified trained dog handler:
1. Any dog which bites, inflicts injury, assaults or otherwise attacks a human being or a domestic animal without provocation or justification; or
2. Any dog which, without provocation or justification, approaches in a threatening or terrorizing manner, any person or domestic animal upon the streets, sidewalks or any public grounds or places within the Village; or
3. Any dog which is trained to attack or cause injury or to otherwise endanger the safety of human beings or domestic animals, or any dog which has a history of attacking or propensity to attack people or domestic animals without provocation or justification.
4. For purposes of this subsection a domestic animal means an animal of a tamed species commonly kept as household pets. (Ord. 671, 7-9-2019)
B. Responsibilities Of Owners Of Dangerous Dogs:
1. Any person owning a vicious or dangerous dog must register the dog with the Stockton Police Department and pay a fee of one hundred dollars ($100.00) for such registration.
2. Upon registering a vicious or dangerous dog, the owner shall display, in a conspicuous manner, a sign on his or her premises warning that there is a vicious dog on the premises. The sign shall be visible and legible from the sidewalk and/or street.
3. If the animal is kept outdoors in a nonfenced yard, the owner shall properly confine the dog in a pen or structure with secure sides and a secure top. If the bottom is not secured to the sides, the sides must be embedded in the ground no less than two feet (2'), such that the dog cannot dig its way out. The pen shall be no less than six feet (6') high and contain no less than fifty (50) square feet of ground space. All pens shall comply with applicable provisions of the Village's Zoning Ordinance, as well as being located at least twenty five feet (25') from any neighboring residence or one-half (1/2) the distance from the outdoor facility and the residence, whichever is greater, so as not to be offensive to neighboring residents.
4. No person owning or harboring a dangerous or vicious dog shall permit such dog to go beyond the confined area of such person's premises unless the dog is securely leashed and muzzled. The leash shall not be longer than six feet (6'). Retractable or flexi leads are not allowed. The leash shall be controlled by an adult or by a person physically capable of controlling the dog.
5. The owner must provide proof at the time of registration that:
a. The homeowner's insurance policy for the residence in which the dangerous dog is housed contains a rider or a liability clause for dangerous dogs;
b. The dog's rabies vaccination status is current;
c. The dog is licensed by the County for the current year; and
d. The dog is microchipped with a permanent ID.
6. Once a dog is deemed to be dangerous, it shall be neutered or spayed so as not to propagate vicious characteristics that may be inherent in the progeny of the dangerous dog.
C. Appeal Procedure: Within fourteen (14) days of the date of the notice of the Police Department’s decision that a dog is dangerous, the owner of the dog may appeal the decision to the Village Board. The owner of the dog shall send notice of his/her intent to appeal by certified mail to the Chief of Police with a copy to the Village Clerk. If such an appeal is filed, it shall be heard within three (3) weeks of its filing. After such hearing, the Village Board, within seven (7) days of the close of the appeal hearing, may affirm or reverse the order of the Chief of Police by written decision filed with the City Clerk and provided to the dog owner.
The determination of the Village Board shall be final and binding. The dog shall be kept either in a secure enclosure or shall be impounded at an animal shelter during the appeal process. Any and all costs for the appeals process and the impounding of the dog shall be borne by the owner.
D. Violations And Penalties; Enforcement:
1. Any person who violates any provision of this section shall be subject to a fine as provided in section 1-4-1 of this Code. Further, each day for which a violation occurs and each violation of any provision of this section shall constitute a separate offense.
2. The Stockton Police Department shall enforce the provisions of this section.
3. Two (2) violations of subsection A1 of this section shall result in mandatory euthanasia of the dangerous dog. However, the Police Department may determine that the dog shall be euthanized after only one attack, depending on its severity. (Ord. 553, 9-13-2011; amd. Ord. 762, 1-9-2024)