[Amended 9-20-2005 by Ord. No. 2005-09-01]
The terms used in the article shall comply with § 3-1-2 of this chapter unless otherwise provided in this article; for the purposes of this article, the following terms shall have the meanings indicated:
A fence or structure, as described in § 3-1-4 hereinabove, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of a 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.
Taken into the custody of the public pound in the Village
or county where the vicious dog is found.
That the Village President, 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 § 3-1-2 and, based on that finding, the Village President, an Animal Control Warden, or the Director has declared, in writing, that the dog is a vicious dog; or
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
That the Circuit Court has found the dog to be a vicious dog as defined in § 3-1-2 and has entered an order based on that finding.
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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[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
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 Village President, an Animal Control Warden, or the Director approves
the enclosure as defined in this chapter. No owner or keeper of a
vicious dog shall sell or give away the dog.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
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 Mayor of
changes of address. In the case of a sentry or guard dog, the owner
shall keep the Village President advised of the location where such
dog will be stationed. The Village President 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 Mayor, the Village Attorney, or any citizen of the Village
in which a dangerous dog 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.
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.
For the purpose of carrying out the provisions of this Code
and making inspections hereunder, the Mayor, 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.
