(A) In order to have a dog deemed "vicious" as defined in § 90.01, the Administrator, Deputy Administrator, or law enforcement officer must give notice of the infraction that is the basis of the investigation to the owner, conduct a thorough investigation, interview any witnesses, including the owner, gather any existing medical records, veterinary medical records or behavioral evidence, and make a detailed report recommending a finding that the dog is a vicious dog and give the report to the State's Attorney's Office and the owner.
(B) The Administrator, State's Attorney, Director or any citizen of the county may file a complaint in the circuit court in the name of the People of the State of Illinois to deem a dog to be a vicious dog. Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert may be relevant to the court's determination of whether the dog's behavior was justified. The petitioner must prove the dog is a vicious dog by clear and convincing evidence. The Administrator shall determine where the animal shall be confined during the pendency of the case.
(C) A dog may not be declared vicious if the court determines the conduct of the dog was justified because:
(1) The threat, injury, or death was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog, or was committing a willful trespass or other tort upon the premises or property owned or occupied by the owner of the animal;
(2) The injured, threatened, or killed person was abusing, assaulting, or physically threatening the dog or its offspring, or has in the past abused, assaulted, or physically threatened the dog or its offspring; or
(3) The dog was responding to pain or injury, or was protecting itself, its owner, custodian, or member of its household, kennel, or offspring.
(D) No dog shall be deemed vicious if it is a professionally trained dog for law enforcement or guard duties, provided the attack or injury to a person occurs while the dog is performing duties as expected.
(E) Vicious dogs shall not be classified in a manner that is specific as to breed.
(F) If the burden of proof has been met, the court shall deem the dog to be a vicious dog.
(G) If a dog is found to be a vicious dog, the owner shall pay a $100 public safety fee, which shall be deposited into the Pet Population Control Fund, and a fine of not more than $1,000; the dog shall be microchipped and spayed or neutered within ten days of the finding at the expense of its owner, if not already; and the dog shall be subject to enclosure.
(H) If an owner fails to comply with the requirements of division (G), the Animal Control Manager shall impound the dog and the owner shall pay a fine of not less than $500 nor more than $1,000, plus impoundment fees, to the animal control facility.
(I) The judge has the discretion to order a vicious dog be euthanized.
(J) A dog found to be a vicious dog shall not be released to the owner until the Administrator, an animal control officer, or the Director approves the enclosure.
(K) No owner or keeper of a vicious dog shall sell or give away the dog without approval from the Administrator or court.
(L) Whenever an owner of a vicious dog relocates, he or she shall notify both the Administrator of county animal control where he or she has relocated and the Administrator of county animal control where he or she formerly resided.
(Ord. E-19-97, passed 5-29-2019)
Penalty, see § 90.99