(A) It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog unless such 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) In the case of an emergency or natural disaster where the dog's life is threatened; or
(3) To comply with the order of a court of competent jurisdiction; and
(4) Provided that the dog is securely muzzled and restrained with a leash not exceeding six feet in length, and shall be under the direct control and supervision of the owner or keeper of the dog or muzzled in its residence.
(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 Administrator, animal control officer, or the law enforcement authority having jurisdiction in such area.
(C) 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 15 working days, the dog may be humanely euthanized.
(D) Upon filing a notice of appeal within 15 working days, the order of euthanasia shall be automatically stayed pending the outcome of the appeal. The owner shall bear the burden of timely notification to animal control in writing, and all costs of the stay of the euthanasia order shall be borne by the owner. 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 as defined in this division.
(E) 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 section; provided, an attack or injury to a person occurs while the dog is performing duties as expected. To qualify for exemption under this division, each such dog shall be currently inoculated against rabies in accordance with § 90.21 (Section 8 of the Illinois Animal Control Act). It shall be the duty of the owner of such exempted dog to notify the Administrator of changes of address. In the case of a sentry or guard dog, the owner shall keep the Administrator advised of the location where such dog will be stationed. The Administrator shall provide Police and Fire Departments with a categorized list of such exempted dogs, and shall promptly notify such departments of any address changes reported to him.
(F) If the animal control agency has custody of the dog, the agency may file a petition with the court requesting that the owner be ordered to post security. The security must be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the animal control agency or animal shelter in caring for and providing for the dog pending the determination. Reasonable expenses include, but are not limited to, estimated medical care and boarding of the animal for 30 days. If security has been posted in accordance with this section, the animal control agency may draw from the security the actual costs incurred by the agency in caring for the dog.
(G) Upon receipt of a petition, the court must set a hearing on the petition, to be conducted within five business days after the petition is filed. The petitioner must serve a true copy of the petition upon the defendant.
(H) If the court orders the posting of security, the security must be posted with the Clerk of the Court within five business days after the hearing, if the person ordered to post security does not do so, the dog is forfeited by operation of law and the animal control agency must dispose of the animal through adoption or humane euthanization.
(Ord. E-19-97, passed 5-29-2019) Penalty, see §
90.99