No person shall harbor, keep or maintain within the Village
limits any vicious dog. Any dog alleged to be vicious by virtue of
an attack upon a human being or domestic animal shall be impounded
as directed by the Chief of Police until disposition of the charge
issued by citation. Moreover, the owner of any dog found to be vicious
in the trial of a charge of harboring a vicious dog, or by plea to
such a charge, shall be prohibited from returning that dog to the
Village or keeping that dog in the Village.
A.
No person shall return to or harbor within the Village limits a dog
previously determined by any court of competent jurisdiction to be
a vicious dog. The disposition of such a dog shall be in accordance
with this chapter.
B.
No dog shall be declared to be a vicious dog if the injury or damage
was sustained by a person who, at the time, was teasing, tormenting,
abusing or assaulting the dog, or which dog was protecting a human
being from attack by another animal or by a human being or by protection
of the owner's own property.
Any person having knowledge which he or she believes constitutes
probable cause to believe that another is harboring, keeping or maintaining
a dangerous dog shall file with the Chief of Police a sworn affidavit
setting forth the basis on which he or she believes the animal to
be a dangerous dog, the name and address of the owner of the dog,
and a description of the dog. The Chief of Police shall serve notice
upon the owner of the alleged dangerous dog, which notice shall include
the requirement that the owner shall bring the alleged dangerous dog
to the Chief of Police for inspection to determine whether this dog
is a dangerous dog by definition as set forth in this chapter. The
Chief of Police's determination that the dog is dangerous shall be
conclusive and shall require the dog be registered pursuant to this
chapter.
A.
All owners of dangerous dogs shall, on or before 30 days following
the determination by the Chief of Police of its status as dangerous,
and annually thereafter on or before April 15 of each year, register
their dog, provide a current color photograph of the dog to the Village
Clerk's office and pay a registration fee of $100. Upon payment of
the fee, the Village Clerk shall issue a current dangerous dog certificate
of registration.
B.
An owner of a dangerous dog who fails to so register the dog is subject
to the impoundment and forfeiture of the animal and a fine of not
less than $250 per day.
C.
An owner of a dangerous dog who registers but neglects to have the
dangerous dog signs required by this chapter displayed all times is
subject to an impoundment and forfeiture of the animal and a fine
of not less than $150 per day.
D.
In addition to any fine imposed hereunder, an offender shall be ordered
to pay all of the costs and fees incurred by the Village in the impoundment
and forfeiture of the animal and all of the costs and fees incurred
by the Village in prosecuting the violation, which shall include,
but not be limited to, the costs associated with an administrative
adjudication proceeding or court proceeding, including reasonable
attorney's fees.
A.
While on the owner's property, a dangerous dog must be securely confined
indoors or in a securely enclosed and locked pen or structure, suitable
to prevent the entry of young children, and designed to prevent the
animal from escaping. Such pen or structure must have a minimum dimension
of five feet by 10 feet and must have secure sides and a secure top.
If it has no bottom secured to the sides, the sides must be imbedded
into the ground no less than two feet. The enclosure must also provide
protection from the elements for the dog.
B.
The owner or keeper shall display a sign on his or her premises facing
out from all sides of the premises warning that there is a dangerous
dog on the property. This sign should be visible and capable of being
read from a public highway or thoroughfare or within 20 feet of its
placement. In addition, the owner shall conspicuously display a sign
with a symbol warning children who cannot read of the presence of
a dangerous dog.
C.
A dangerous dog may be off the owner's premises if it is muzzled
and restrained by an approved lead or chain not exceeding three feet
in length and is under the control of an adult, able-bodied person.
The muzzle must be made in a manner that will not cause injury to
the dog or interfere with its vision or respiration, but must prevent
it from biting any person or animal.
D.
The provisions of this chapter regarding dangerous dogs shall not
apply to animals owned by law enforcement agencies and used for law
enforcement purposes.
Whenever any person is charged with harboring a vicious dog
or unregistered dangerous dog as defined in this chapter, that person
shall, to the satisfaction of the court, remove the dog from the Village
until the trial on the citation. If the owner fails to remove the
dog within 48 hours of the service of the citation, the Chief of Police
shall impound the dog until the trial on the citation. If the dog
is determined by plea or trial to be a vicious or unregistered dog
as defined by this chapter, it shall not be returned to or kept in
the Village. Any dog returned to or kept in the Village after being
determined to be a vicious or unregistered dog constitutes a public
nuisance.
