As used in this article, the following words shall have the
following meanings and definitions:
DANGEROUS DOG
See the definition of "dangerous dog" in §
159-2 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
ENCLOSURE
See the definition of "enclosure" in §
159-2 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
FOUND TO BE VICIOUS DOG
A.
That the County Veterinarian, 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 §
159-2 and, based on that finding, the County Veterinarian or the Animal Control Warden has declared in writing that the dog is a vicious dog; or
B.
That the Circuit Court has found the dog to be a vicious dog as defined in §
159-2 and has entered an order based on that finding.
IMPOUNDED
Taken into the custody of the public pound in the Village
or town where the vicious dog is found.
VICIOUS DOG
A.
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.
B.
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.
C.
If a dog is found to be a vicious dog, the dog shall be subject
to enclosure.
The Animal Control Warden, the Village Attorney, or any citizen
of the Village in which a dangerous or vicious 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 chapter, 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.
(510 ILCS 5/17)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If a dog, or other animal, without provocation, attacks, attempts
to attack 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 civil damages to such person for the full amount
of the injury proximately caused thereby. (510 ILCS 5/16)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
For the purpose of making inspections hereunder, the Animal
Control Warden, or his authorized representative, or any law enforcement
officer may enter upon private premises, provided that the entry shall
not be made into any building that is a person's residence, to apprehend
a straying dog or other animal, a dangerous or vicious dog or other
animal, or an animal thought to be infected with rabies. If, after
request therefor, the owner of the dog or other animal shall refuse
to deliver the dog or other animal to the officer, the owner shall
be in violation of this chapter. (510 ILCS 5/17)