(65 ILCS 5/11-1-1 and 5/11-20-9; see also 510 ILCS 5/24)
As used in this article, the following words shall have the
following meanings and definitions:
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)]
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)]
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
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.
Taken into the custody of the public pound in the Village
or town where the vicious dog is found.
Means:
Any individual dog that, when unprovoked, inflicts bites or
attacks a human being or other animal either on public or private
property.
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.
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.
Any individual dog which attacks a human being or domestic animal
without provocation.
Any individual dog which has been found to be a "dangerous dog"
upon three separate occasions.
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.
If a dog is found to be a vicious dog, the dog shall be subject
to enclosure.
A.
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:
(1)
If
it is necessary for the owner or keeper to obtain veterinary care
for the dog; or
(2)
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.
B.
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.
C.
The owner charged with maintaining a vicious or dangerous dog may
request a hearing before the Village Board within five days of being
charged.
A.
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 Animal Control Warden approves the enclosure as defined in this
article.
B.
No owner or keeper of a vicious dog shall sell or give away the dog.
A.
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.
B.
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 chapter. It shall
be the duty of the owner of such exempted dog to notify the Village
of changes of address. In the case of a sentry or guard dog, the owner
shall keep the Animal Control Warden advised of the location where
such dog will be stationed. The Animal Control Warden 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 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)
