§ 6.04.180. Vicious dogs.

With respect to any dog which has been found to be a vicious dog, the following provisions shall control:

A.

Keeping of Vicious Dog Prohibited. It is unlawful to keep, harbor, own, or in any way possess within the corporate limits of the city any dog which has been found to be a vicious dog, provided that vicious dogs may be kept within the city subject to the confinement and sign standards and requirements hereinafter set forth.

B.

Confinement of Vicious Dog. No person shall possess any vicious dog unless the vicious dog is confined at all times in accordance with this subsection.

1.

Confinement Indoors. No vicious dog may be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit the structure on its own volition. No vicious dog shall be kept in a house or structure when any window is open so that it may escape, or when screen windows or screen doors are the only obstacle preventing the vicious dog from exiting the structure.

2.

Confinement in an Enclosure. No person shall allow or permit a vicious dog in an exterior area unless such dog is confined in an enclosure constructed and maintained in accordance with this subchapter, except that a vicious dog may be confined on a leash in a manner set forth in subsection B3 of this section, or may be confined on a run line in a manner set forth in subsection B4 of this section.

3.

Confinement on Leash. Except as provided in subsection B4 of this section, no person shall permit a vicious dog to go outside an enclosure, house, or other structure unless the dog is securely restrained with a leash no longer than three feet in length and securely fitted with a muzzle. No person shall permit a vicious dog to be confined on a leash unless a person over the age of fifteen years is in physical control of the leash. No leash restraining any vicious dog shall be attached to any inanimate object, including, but not limited to, trees, posts, stakes and buildings.

4.

Confinement on Run Line. A vicious dog may be confined on a run line which is constructed and maintained in accordance with this subchapter, and such dog shall be securely fitted with a muzzle at all times it is confined on a run line.

C.

Sign Required. A person possessing a vicious dog shall display in a prominent place on the premises where a vicious dog is to be kept a sign provided by or approved by the animal control officer, and which is readable by the public from a distance of not less than one hundred feet, using the words "Beware-Vicious Dog." A similar sign shall be posted on any enclosure intended to confine the vicious dog.

D.

Finding That a Dog Is a Vicious Dog. In the event that the animal control officer shall determine that a particular dog is a vicious dog within the meaning of this chapter, the animal control officer shall send to the owner or keeper of such dog a written notice of such finding with the reasons in support thereof, and the owner or keeper of such dog shall have a period of fourteen days after the date of mailing of such notice to appeal the finding to the County circuit court. If the owner of the dog shall fail to appeal the finding, or if the court shall affirm the finding on appeal, then the dog shall be deemed to be a vicious dog for all purposes under this chapter. The notice required hereunder shall be deemed delivered if mailed certified mail, postage prepaid, return receipt requested.

E.

Impoundment of Vicious Dog Running at Large. Any vicious dog found to be running at large or found to be otherwise in violation of the confinement provisions of subsection B of this section, shall be presumed to be in violation of this section and shall be impounded by the animal control officer. If the incident giving rise to the impoundment has resulted in an injury to a person or other animal, the animal control officer shall notify the County rabies control administrator pursuant to ILCS Ch. 510, Act 5, Section 12, as amended, and shall transfer control of the dog to the administrator in accordance with ILCS Ch. 510, Act 5, Section 13, as amended.

1.

If the incident giving rise to the impoundment has not resulted in an injury to a person or other animal, then the vicious dog may be redeemed upon the following conditions:

a.

Payment by the owner of all costs and expenses of the impoundment; and

b.

Provision by the owner of evidence satisfactory to the animal control officer that the confinement and sign requirements of this section have been complied with. The animal control officer shall have the right to inspect the premises on which the vicious dog shall be kept in order to confirm such evidence.

2.

Notwithstanding subsection E1 of this section to the contrary, any vicious dog which has been impounded under this subsection E more than once during a twelve-month period shall not be redeemed, but shall be destroyed by lethal injection.

(Ord. 734 (part), 1997).