A. Investigation: In order for a dog or other animal to be deemed "vicious", the Animal Control Warden 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 that dog or other animal is a vicious animal. The Animal Control Warden may issue a citation to be heard by the Administrative Adjudication Department or file a complaint in the circuit court in the name of the people of the state of Illinois to deem a dog or other animal to be a vicious animal. Testimony of a certified animal behaviorist may be relevant to any determination of whether the dog or other animal's behavior was justified. The Animal Control Warden must prove the animal is a vicious animal by clear and convincing evidence. The Animal Control Warden shall determine where the animal shall be confined during the pendency of the case.
B. Justification: A dog or other animal shall not be declared vicious if the hearing officer or court determines the conduct of the dog or other animal 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 other animal, or upon the property of the owner or custodian of the dog or other animal;
2. The injured, threatened, or killed person was tormenting, abusing, assaulting, or physically threatened the dog or other animal or its offspring; or
3. The dog or other animal was responding to pain or injury, or was protecting itself, its owner, custodian, or member of its household, kennel, or offspring.
No dog shall be deemed vicious if it 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.
If the burden of proof has been met, the hearing officer or the court shall deem the dog or other animal to be a vicious animal.
C. Requirements: If a dog or other animal is found to be a vicious animal, the animal shall be spayed or neutered within ten (10) days of the finding at the expense of the owner and microchipped, if not already, and is subject to enclosure. A dog or other animal found to be a vicious animal shall not be released to the owner until the department approves the enclosure. No owner or keeper of a vicious animal shall sell or give away the vicious animal without approval of the Animal Control Warden. Whenever an owner of a vicious animal relocates, he or she shall notify the department. The only times that a vicious animal is allowed out of the enclosure are: 1) if it is necessary for the owner or keeper to obtain veterinary care for the dog, 2) in case of an emergency or natural disaster where the animal's life is threatened, or 3) the animal is securely muzzled and restrained with a leash not exceeding six feet (6') in length, and under the direct control and supervision of the owner or keeper of the animal or muzzled in its owner's residence.
Any dog or other animal that has been found to be a vicious animal and is not confined to an enclosure shall be impounded by the department.
If the owner of the vicious animal has not appealed the impoundment order within fifteen (15) working days, the animal may be euthanized.
Upon filing a notice of appeal, the order of euthanasia shall be automatically stayed pending the outcome of the appeal. The owner shall bear all costs associated with the impoundment and the burden of timely notification to the department in writing.
D. Exemptions: 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 section, each such dog shall be currently inoculated against rabies and registered with the department of its specific duties. It shall be the duty of the owner of such exempted dog to notify the department of changes of address. In the case of a sentry or guard dog, the owner shall keep the department advised of the location where such dog will be stationed. The department shall provide Quad Com dispatch center with a categorized list of such exempted dogs, and shall promptly notify such department of any address changes reported to them. (Ord. 2021-10, 4- 19-2021)