[Amended by Ord. No. 1785]
A.
Definition of dangerous dog. Any dog shall be categorized as a dangerous dog if it fits into any of the following categories:
(1)
Any dog which, when unprovoked, bites a person or a domestic pet or animal, whether on public or private property.
(2)
Any uncontrolled dog which chases or approaches a person without provocation in a manner which threatens the safety of humans or domestic pets or animals.
(3)
Any dog with a demonstrated propensity, tendency or disposition to attack, to cause injury to, or to otherwise threaten the safety of humans or domestic pets or animals. This category shall include a security dog which has been trained to attack.
(4)
Any dog not in strict conformity with the rabies control program of the Village as established by this Village Code.
B.
Definition of vicious dog. Any dog shall be categorized as a vicious dog if it fits into any of the following categories:
(1)
Any dog that, according to the records of a health department, police department, or humane society or according to any other records available to the Police Department, has directly inflicted any physical injury that resulted in broken bones or lacerations requiring sutures on a human being without provocation on public or private property.
(2)
Any dog that has killed a domestic pet or animal without provocation while off its owner's property.
(3)
Any dog, having been previously found to be dangerous and its owner having been given notice of the dangerous action, upon the dog biting, attacking or endangering the safety of humans, domestic pets or animals.
C.
Exceptions. A dog shall not be categorized as dangerous or vicious if it bites, attacks or menaces any person, domestic pet or animal in order to:
D.
Determination of vicious dog.
(1)
Upon investigation, if an animal officer, law enforcement officer, or humane officer determines that a dog fits into any of the categories of Subsection A or B, the officer may declare the dog to be a dangerous or vicious dog as appropriate. The officer shall immediately inform the owner or caretaker in writing by personal service or by regular mail of said determination. If an owner or caretaker contests the designation of the dog as dangerous or vicious, the Chief of Police or the Chief's designee shall convene a hearing. At the hearing, the owner or caretaker shall have the opportunity to present evidence as to why the dog should not be declared dangerous or vicious. The hearing shall be held promptly within no less than five days and no more than 10 days after service of notice upon the owner or caretaker of the dog.
(2)
Pending the outcome of the hearing, the dog must be securely confined in a humane manner either on the premises of the owner or caretaker or with a licensed veterinarian.
(3)
After the hearing, the owner or caretaker shall be notified in writing of the determination. If a determination is made that the dog is dangerous or vicious, the owner or caretaker shall comply with this article in accordance with a time schedule established by the Chief of Police, but in no case more than 30 days after the date of determination. If the owner or caretaker further contests the determination, he or she may appeal the decision within five days of receiving the decision to the Board of Appeals. If the Board of Appeals affirms the determination that the dog is dangerous or vicious, the owner or caretaker shall comply in accordance with a time schedule established by the Board of Appeals. In the absence of a time schedule being established by the Board of Appeals, the owner or caretaker shall comply in accordance with the time schedule previously established by the Chief of Police.
E.
Regulation of dangerous and vicious dogs.
(1)
The owner or caretaker of any dog determined to be dangerous pursuant to the provisions of this article shall be required to maintain actual control of the dog by indoor confinement, secure fencing or enclosure, tether which does not extend beyond property lines or into the right-of-way, or a leash securely fastened to the dog and held and managed by an owner or caretaker of sufficient strength and ability to control the dog.
(2)
The owner or caretaker of any dog determined to be vicious pursuant to the provisions of this article shall comply with the following regulations:
(a)
Leash and muzzle.
[1]
No person owning, harboring or having care of a vicious dog may permit such dog to go outside of its kennel or pen unless the dog is securely leashed on a leash, no longer than four feet in length.
[2]
No person may permit a vicious dog to be kept on a chain, rope, leash or similar restraining device outside its kennel or pen unless a person competent to govern the animal is in physical control of the restraining device and remains in position to control the dog at all times. The dog may not be leashed to inanimate objects such as trees, posts and buildings.
[3]
A vicious dog outside the dog's kennel shall be muzzled in a humane way by a muzzling device sufficient to prevent the dog from biting persons or other animals. A vicious dog shall not be required to be muzzled when either shown in a sanctioned American Kennel Club Show or upon prior written approval by the Director of Public Safety or his designee.
(b)
Confinement.
[1]
All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel on the premises of the owner or caretaker, except when leashed and muzzled. When constructed in an open yard, the pen or kennel must be childproof from the outside and dogproof from the inside. A strong metal double fence with adequate space between fences (at least two feet) must be provided so that a child cannot reach into the dog enclosure. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a vicious dog shall be locked with a key or combination lock when the dog is within the structure. The structure shall have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house vicious dogs shall comply with all zoning and building regulations of the Village. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.
[2]
No vicious dog may be kept on a porch, patio or in any part of a house or structure on the premises of the owner or caretaker that would allow the dog to exit the building on its own volition, except through a door leading directly to a pen or kennel meeting all of the requirements of this subsection. No vicious dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
(c)
Liability insurance or surety bond. The owner or caretaker of a vicious dog shall present to the Health Department or Police Department proof that the owner or caretaker has procured liability insurance in the amount of at least $100,000, insuring the owner for any personal injuries inflicted by the vicious dog. In lieu of the liability insurance requirement, the owner or caretaker of a vicious dog may present evidence of a surety bond in the sum of at least $100,000, payable to any person injured by a vicious dog.
(d)
Signs. The owner or caretaker of a vicious dog shall display, in prominent places on his or her premises near all entrances to the premises, signs in letters of no less than two inches high warning that there is a vicious dog on the property. A similar sign is required to be posted on the kennel or pen of the dog.
(e)
Notification. The owner or caretaker shall immediately notify the police department if a vicious dog is on the loose, is unconfined, has attacked another animal, has attacked a human being, has died, has been sold or has been given away. If the vicious dog has been sold or given away, the owner or caretaker shall also provide the Police Department with the name, address and telephone number of the new owner of the vicious dog. If the vicious dog is sold or given away to a person residing outside the Village, the owner or caretaker shall present evidence to the Police Department showing that he or she has notified the Police Department or other law enforcement agency of the dog's new residence.
F.
Removal. If the owner or caretaker of a dog that has been designated vicious is unwilling or unable to comply with the regulations for keeping the dog in accordance with this article, he or she shall remove the dog from the Village, with the dog only being allowed to be returned if there is compliance with all regulations of this article.
G.
Inspection. The health department or police department will make whatever inquiry is deemed necessary to insure compliance with this article.
H.
Exemption. This article does not apply to dogs used while in the line of duty by the police department, any other law enforcement agency or unit of the United State Military Service.