(A) (1) It shall be unlawful to permit any dangerous animal or any vicious animal of any kind to run at large within the village; exhibitions or parades of animals which are ferae naturae in the judgement of the law may be conducted only upon securing a permit from the Village Clerk.
(2) Members of the Police Department or any other person in the village are authorized to kill any dangerous animal of any kind when it is necessary for the protection of any person or property.
(Prior Code, § 91.02)
(B) (1) For the purpose of this division (B), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS DOG. Any individual dog which when either unmuzzled, unleashed or unattended by its owner, or a member of its owner’s family, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon streets, sidewalks or any public grounds or places.
ENCLOSURE. A fence or structure of at least six feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of a vicious dog within the ENCLOSURE. The 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.
FOUND TO BE VICIOUS DOG.
1. A law enforcement officer has conducted an investigation and made a finding in writing that the dog is a vicious dog, as defined herein; and, based on that finding, the Chief of Police has declared in writing that the dog is a vicious dog; or
2. The Circuit Court has found the dog to be a vicious dog, as defined herein, and has entered an order based on that finding.
IMPOUNDED. Taken into the custody of the village.
VICIOUS DOG.
1. An individual dog:
a. When unprovoked, inflicts bites or attacks a human being or other animal either on public or private property;
b. With a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals;
c. Has as a trait or characteristic and a generally known reputation for viciousness, dangerousness or unprovoked attacks upon human beings or other animals, unless handled in a particular manner or with special equipment;
d. Which attacks a human being or domestic animal without provocation; and/or
e. Which has been found to be a “dangerous dog” upon three separate occasions.
2. No dog shall be deemed
VICIOUS if it bites, attacks or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it or 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.
3. If a dog is found to be a
VICIOUS DOG, the dog shall be subject to enclosure.
(2) (a) It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog unless the dog is at all times kept in an enclosure. The only times that a vicious dog may be allowed out of the enclosure are:
1. If it is necessary for the owner or keeper to obtain veterinary care for the dog; or
2. To comply with the order of a court of competent jurisdiction; provided that, the dog is securely muzzled and restrained with a chain having a tensile strength of 300 pounds and not exceeding three feet in length, and shall be under the direct control and supervision of the owner or keeper of the dog.
(b) Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded by the Police Department and shall be turned over to a licensed veterinarian for destruction by lethal injection. If the owner of the dog has not appealed the impoundment order to the Circuit Court in the county in which the animal was impounded within seven working days, the dog may be humanely dispatched. A dog found to be a vicious dog shall not be released to the owner until the Chief of Police approves the enclosure, as defined in this division (B).
(c) No owner or keeper of a vicious dog shall sell or give away the dog.
(3) (a) It is unlawful for any person to maintain a public nuisance by permitting any dangerous dog or other animal to leave the premises of its owner when not under control by leash or other recognized control methods.
(b) Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped and sentry, guard or police-owned dogs are exempt from this division (B); and the exemption shall apply where an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this division (B), each such dog shall be currently inoculated against rabies in accordance with § 91.27 of this chapter. It shall be the duty of the owner of the exempted dog to notify the Police Department of changes of address. In the case of a sentry or guard dog, the owner shall keep the Chief of Police advised of the location where the dog will be stationed.
(c) The Chief of Police shall provide the Police and Fire Departments with a categorized list of the exempted dogs and shall promptly notify the Departments of any address changes reported to him or her.
(C) (1) It shall be unlawful, and is hereby declared a nuisance and a danger to the public, for any person to own, possess, keep or harbor, or allow to be kept, any dog of the breed, or mixed breed, of American Pit Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier, commonly known as a “pit bull”, within the corporate limits of the village.
(2) Subject to division (C)(3) below, any such dog may be impounded by the Director of Public Safety or Police Chief, or the designees of the officials, to be destroyed as provided in this chapter.
(3) (a) Persons owning, possessing or keeping pit bulls on the effective date of this division (C) shall have a period of three months from the effective date to come into compliance with this division (C).
(b) Upon written presentation to the Police Chief of extenuating circumstances preventing the removal of any pit bull within the initial three-month period, an owner or keeper of the pit bull(s) may be granted an extension of no more than an additional three months.
(Ord. passed 2-11-1980; Ord. 04-28, passed 9-14-2004; Ord. 05-13, passed 6-14-2005) Penalty, see § 91.99