For the purposes of this Article VIII, the following terms shall have the meanings indicated:
KEEP, HARBOR, OR OTHERWISE MAINTAIN
The act of owning; having in one's care or custody; or knowingly permitting any dog to remain on or about any premises, for a period consisting of more than 50 consecutive days.
LICENSE YEAR
January 1 of each year through December 31 of the same year or such other period as may be established as part of the fee ordinance or other approval of the Village Board.
[Amended 12-11-2023 by Ord. No. 2023-18]
LITTER
Any discarded, used, or unconsumed substance, waste, or anything else of an unsightly or unsanitary nature that is caused to be upon or about any public property or any private property without the consent of the owner or occupant.
OWNER
Any person having a right of property in any dog; who keeps a dog; who has any dog in his or her care or custody; or who knowingly permits any dog to remain on or about any premises occupied by that person.
RUN AT LARGE
Any dog shall be deemed to be running at large when it is off the premises of its owner, unless the dog is under the control of its owner's or other person's command and is on a stout leash of not more than six feet in length.
VICIOUS DOG
Any dog known to have attacked a person or a domestic animal where the person or domestic animal may lawfully be at any time, without provocation, or any dog that bites or otherwise injures a person or domestic animal.
A. 
License requirement. It shall be unlawful for an owner to keep, harbor, or otherwise maintain a dog more than six months old within the Village without having first obtained a license from the Village and paying a fee as required by Subsection C. The keeping of any unlicensed dog that is required by this article to be licensed is hereby declared to be a public nuisance.
B. 
Application. Written application for a license shall be made annually by the owner at the beginning of each license year. The application shall include evidence that all required permits, licenses, and approvals have been obtained from the Lake County Health Department. In addition, the application for a license under this section shall contain:
[Amended 12-11-2023 by Ord. No. 2023-18]
(1) 
The name and address of the owner of the dog to be licensed;
(2) 
The breed, color, gender, age, and name of the dog to be licensed;
(3) 
The date of inoculation against rabies of the dog to be licensed;
(4) 
Payment of the license fee required by Subsection C of this section;
(5) 
Whether the dog to be licensed is spayed or neutered; and
(6) 
Any other information as may reasonably be requested on the application form to be prepared by the Village Manager.
To the extent that the Village Manager promulgates application forms that modify the foregoing requirements, such modified forms shall control.
C. 
Fee; term. Each application for a dog license shall include a license fee in an amount set forth in the Bannockburn Fee Schedule. The license for any dog shall be effective for one license year.
[Amended 5-22-2017 by Ord. No. 2017-12]
D. 
Applicability. Any dog purchased or otherwise acquired after the first day of January in any license year shall be licensed not later than 15 days after its acquisition, and any dog under six months old shall be licensed not later than 15 days after it becomes six months old.
E. 
Inoculation. Every owner who keeps, harbors, or otherwise maintains a dog more than four months old within the Village shall have the dog inoculated against rabies as required by Illinois law. The Lake County rabies inoculation tag number shall be presented with the application for license as required by Subsection B. Any dog not having a current rabies inoculation is hereby declared a public nuisance and may be apprehended and impounded on order of the Chief of Police in accordance with § 141-807C.
F. 
Collar and tag. After presentation of the license application and payment of the required fee, the Village Clerk shall issue a numbered metal license tag for each dog licensed. Every owner shall provide each licensed dog with a sturdy collar to which the Village-issued metal license tag and Lake County rabies inoculation tag shall be securely fastened. The collar and tags shall be worn by the dog at all times.
G. 
Alternative procedures. To the extent alternative procedures to those otherwise set forth in this § 141-802 are adopted as part of another Village ordinance, such alternative procedures shall apply, notwithstanding the provisions of this section.
[Added 12-11-2023 by Ord. No. 2023-18]
A. 
Restrictions.
(1) 
No owner shall be permitted to keep, harbor, or otherwise maintain more than the following number of dogs on a lot in the Village:
(a) 
No more than three dogs on any lot less than 80,000 square feet in area;
(b) 
No more than four dogs on any lot at least 80,000 square feet in area but less than 120,000 square feet in area;
(c) 
No more than five dogs on any lot at least 120,000 square feet in area but less than 160,000 square feet in area;
(d) 
No more than six dogs on any lot at least 160,000 square feet in area.
(2) 
Except as otherwise provided in this subsection, the keeping, harboring, or maintaining of dogs on a lot in excess of the number prescribed in this subsection shall be deemed a public nuisance.
B. 
Existing conditions.
(1) 
Notwithstanding the limitations set forth in Subsection A, an owner that keeps, harbors, or otherwise maintains more than the permitted number of dogs as of July 23, 2002, shall be permitted to keep, harbor, or otherwise maintain the excess dogs on the lot; provided that all dogs kept, harbored, or otherwise maintained on the lot:
(a) 
Were registered with the Lake County Health Department as being kept, harbored, or otherwise maintained on the lot as of April 8, 2002; or
(b) 
Were kept, harbored, or otherwise maintained on the lot on or prior to April 8, 2002, and will be timely registered with the Lake County Health Department within the County's applicable registration period.
(2) 
However, no owner shall be permitted to replace any of the dogs kept, harbored, or otherwise maintained on the lot or to add any new dogs to be kept, harbored, or maintained on the lot unless the number of dogs kept, harbored, or otherwise maintained on the lot (including any replacement or new dog) conforms with the restrictions contained in Subsection A.
It shall be unlawful for an owner of any dog to:
A. 
Permit any dog to run at large in the Village;
B. 
Appear on the public ways, within public places, or upon the property of another (absent that person's consent) without some means for the removal of excrement or fail to remove any excrement deposited by that dog on the public or private property;
C. 
Permit any dog to damage property other than the owner's;
D. 
Permit any dog to molest or disturb refuse other than the owner's so as to create litter; or
E. 
Permit any dog to make excessive noise so as to disturb the peace and quiet of the neighborhood.
A. 
Prohibited activity. It shall be unlawful for an owner of any dog to permit that dog to molest or injure, without provocation, any person, domesticated animal, or vehicle in any manner, including chasing, attacking, biting, or scratching.
B. 
Biting incident; procedures.
(1) 
All biting incidents involving a person or another animal shall be reported immediately to the Police Department.
(2) 
The police officer shall require the owner of the dog involved in a biting incident to confine the dog under the observation of a licensed veterinarian within 24 hours after the biting incident and pursuant to the following criteria:
(a) 
When the owner of the dog cannot provide documented proof from a licensed veterinarian, and to the satisfaction of the police officer, that the dog is currently inoculated with a rabies vaccine, the dog shall be confined for no fewer than 10 days following the biting incident in an approved facility and under the observation of a licensed veterinarian.
(b) 
When the owner of the dog can provide documented proof from a licensed veterinarian, and to the satisfaction of the police officer, that the dog is currently inoculated with a rabies vaccine, the dog shall be placed under the observation of a licensed veterinarian.
(3) 
When a dog confined for biting shows signs of rabies, or acts in a manner that would lead a person to believe that the dog may have rabies, the owner or veterinarian who has examined and is observing the dog shall immediately notify the police officer. The police officer shall immediately notify the physician attending the bitten person and the County Department of Animal Control. If the dog is not already in an approved facility, the police officer shall promptly seize the dog and confine it under the custody of a licensed veterinarian in an approved facility for observation, examination, and testing, as necessary, for positive diagnosis of rabies.
(a) 
Upon declaration by a licensed veterinarian that a dog is infected with rabies, the police officer shall cause the infected dog to be immediately euthanized in a humane manner. Disposition of the dog's body shall be controlled by the police officer. The dog owner shall pay any fee, charge, or penalty, including any fee for veterinary services attributed to the bite, as well as for the euthanasia and disposition of the dog. Failure to pay any fee, charge, or penalty, including any fee for veterinary services attributed to the bite, as well as for the euthanasia and disposition of the dog, shall be a violation of this article.
(b) 
Upon written declaration by a licensed veterinarian that a dog is not infected with rabies, the dog shall be released from the custody of the licensed veterinarian to its owner. The dog's owner shall provide documented proof to the satisfaction of the police officer that the dog is currently inoculated with a rabies vaccine and shall pay any fee, charge, or penalty, including any fee for veterinary services attributed to the bite. Failure to pay any fee, charge, or penalty, including any fee for veterinary services attributed to the bite, shall be a violation of this article. Any dog confined pursuant to Subsection B(3) that is not redeemed by its owner may be disposed of in accordance with state law.
(4) 
The owner of a dog confined pursuant to this § 141-805 is hereby prohibited from attempting to euthanize, sell, give away, or in any way dispose of the dog, or have the dog inoculated against rabies, until the dog has been released from confinement by the police officer.
(5) 
It shall be unlawful for the owner of a dog involved in a biting incident to refuse or fail in any manner to fully comply with the provisions of this § 141-805.
C. 
Liability of owner of dog attacking or injuring person. If a dog, without provocation, attacks or causes injury to any person or domesticated animal who or which is peaceably conducting himself, herself or itself in any place where he or she or it may lawfully be, or if a dog otherwise injures or damages the property of a person other than its owner, the owner of that dog is liable to the person who is injured (or whose domesticated animal or other property is injured or damaged) for the full amount of the injury or damage sustained.
A. 
It shall be unlawful for an owner to keep, harbor, or otherwise maintain within the Village any dog that is known to be vicious or that has evidenced a disposition to attack human beings or other animals without provocation.
B. 
Any dog showing tendencies of a vicious dog shall be reported immediately to the Police Department. The police officer shall require that the vicious dog be muzzled, or restrained in some other manner, and led on a leash under its owner's control at all times that the dog is off its owner's property.
C. 
Any owner found guilty of keeping, harboring, or otherwise maintaining a vicious dog in violation of this section may be punished as provided in § 141-807 or ordered to remove the dog from the Village within 24 hours of the order.
A. 
Notwithstanding the general penalty provided in Article XII, the owner of a dog ticketed for violating this article shall be subject to a fine according to the following schedule:
(1) 
For the first offense, not less than $50 nor more than $200;
(2) 
For the second offense, not less than $100 nor more than $200;
(3) 
For the third offense and each offense thereafter, not less than $200 nor more than $750.
B. 
In addition to the fines set forth in Subsection A, the Village may institute appropriate actions to abate any nuisances resulting from the violation of this article.
C. 
The Bannockburn Police Department may, pursuant to the provisions set forth in this Subsection C, impound any dog that commits an act that constitutes a violation under this article.
(1) 
Officers in the Bannockburn Police Department may take up and impound, in any Village pound, or in a place that is designated by the Board of Trustees, and if no place has been so designated, then in a place that the Police Department finds expedient or necessary, any dog in violation of this article.
(2) 
Whenever any dog is impounded as provided in Subsection C(1), the Police Department shall immediately make a registry of the impoundment, and enter the breed, color, size, and sex of the dog impounded, and whether the dog is licensed or not, and the name and address of the owner of the dog, if known or on file with the Village Clerk, and shall file the registry in the office of the Village Clerk. The Village Clerk shall then provide notice by mail to the owner of the dog. If the owner's name is unknown and cannot be ascertained, then the Village Clerk shall cause notice to be posted at the Village Hall.
(3) 
Any dog impounded may be redeemed by the owner by the payment to the Village Clerk of a fine in the amount of $50 for the impoundment, plus the fines due for any violations giving rise to the impoundment, as well as payment of any charges expended by the Village in impounding.
D. 
The Police Department may order a dog in violation of this article to be muzzled, or may seek order of the court to have the dog destroyed or kept out of the Village.
E. 
If any violation shall be of a continuing nature, each day of violation shall be deemed a separate offense subject to the penalties contained in this section. In addition, if more than one dog of an owner is in violation of this article, the violations of each dog shall be deemed separate violations.
F. 
Nothing in this section shall prohibit any person from seeking relief in the civil courts against the owner of any dog committing a private nuisance or tort.
G. 
Whenever a dog is impounded or otherwise confined pursuant to this article, its owner may, in lieu of paying any fines imposed for violations of this article, secure the release of the dog upon paying all required fees, costs, and expenses arising from the impoundment or confinement and delivering to the Village a good and sufficient bond in the full amount of any fines, plus court costs (which shall be estimated for purposes of such bond as 25% of the total amount of any pending fines plus all such fees, costs, and expenses). In the event a bond is posted, the amount of fines and the disposition of the bond shall be determined by the court having jurisdiction over the matter.