For purposes of this article:
DANGEROUS DOG
Means 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
Means 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. Such 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
Means:
(1)
That the Administrator, an Animal Control Warden, or a law enforcement
officer has conducted an investigation and made a finding in writing
that the dog is a vicious dog as defined in Paragraph (1) of the definition
of "vicious dog" and, based on that finding, the Administrator, an
Animal Control Warden, or the Director has declared in writing that
the dog is a vicious dog; or
(2)
That the circuit court has found the dog to be a vicious dog
as defined in Paragraph (1) of the definitions of "vicious dog" and
has entered an order based on that finding.
IMPOUNDED
Means taken into the custody of the public pound in the village
or town where the vicious dog is found.
VICIOUS DOG
Means:
(1)
Any individual dog that when unprovoked inflicts bites or attacks
a human being or other animal either on public or private property.
(2)
Any individual dog 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.
(3)
Any individual dog that has 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.
(4)
Any individual dog which attacks a human being or domestic animal
without provocation.
(5)
Any individual dog which has been found to be a "dangerous dog"
upon three separate occasions.
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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.
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If a dog is found to be a vicious dog, the dog shall be subject
to enclosure.
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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:
(A) If it is necessary for the owner or keeper to obtain veterinary care
for the dog or
(B) 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.
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Any dog which has been found to be a vicious dog and which is
not confined to an enclosure shall be impounded by the Animal Control
Warden, or the police and shall be turned over to a licensed veterinarian
for destruction by lethal injection.
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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 Administrator, an Animal Control Warden, or the Director approves
the enclosure as defined in this section.
No owner or keeper of a vicious dog shall sell or give away
the dog.
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.
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 in accordance with this Code. 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.
The Administrator, the Village Attorney, or any citizen of the
Village in which a dangerous dog or other animal exists may file a
complaint to enjoin all persons from maintaining or permitting such,
to abate the same, and to enjoin the owner of such dog or other animal
from permitting same to leave his premises when not under control
by leash or other recognized control methods. Upon the filing of a
complaint in the circuit court, the court, if satisfied that this
nuisance may exist, shall grant a preliminary injunction with bond
in such amount as the court may determine enjoining the defendant
from maintaining such nuisance. If the existence of the nuisance is
established, the owner of such dog or other animal shall be in violation
of this Act, and in addition the court shall enter an order restraining
the owner from maintaining such nuisance and may order that such dog
or other animal be humanely dispatched. (See 510 ILCS 5/17.)
If a dog, or other animal, without provocation, attacks or injures
any person who is peaceably conducting himself in any place where
he may lawfully be, the owner of such dog or other animal is liable
in damages to such person for the full amount of the injury sustained.
(See 510 ILCS 5/16.)
For the purpose of carrying out the provisions of this Code
and making inspections hereunder, the Administrator, or his authorized
representative, or any officer of the law may enter upon private premises
to apprehend a straying dog or other animal, a dangerous dog or other
animal, or a dog or other animal thought to be infected with rabies.
If, after request therefor, the owner of such dog or other animal
shall refuse to deliver the dog or other animal to the officer, the
owner shall be in violation of this Code. (See 510 ILCS 5/17.)
(See 65 ILCS 5/11-1-1 and 5/11-20-9.)
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(See also 510 ILCS 5/24.)
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