HomeMy WebLinkAbout3. Review of Vicious Dog RegulationsFORMAL MEMORANDUM
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CONTROL NUMBER
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On January 17, 2006, the Village Board adopted changes to Chapter 20 of the Village
Code, Article 11, entitled: Dogs and Cats. Specifically, the Village Board adopted Section
20.207 -• Vicious Animals established •. • - protocols t• be
followed • owner of declared vicious as defined in section 20.402 of
Village Code.
Absent reversing the declaration of their animal as vicious, I frequently receive feedback
from residents that the inability to regularly walk their animal on the public way (which is
not permitted by Section 20.207(A) of the Village Code) is a significant concern for them
and a quality of life issue for their animals. This rationale is not hard to follow, but the
ultimate goal of the ordinance is to ensure public safety at all times and in all places.
Admittedly, even a securely muzzled and harnessed dog or other animal, proven to be
aggressive in the past, could jump up on and /or knock over an at -large pedestrian or
other person sharing the public way.
In recent months, the police department has evaluated current Section 20.207(A)
requirements governing "Mandatory Restraint" with an eye towards identifying whether
that portion of the ordinance could be amended to address concerns of animal owners
over the loss of the ability to provide their animals with opportunities to exercise and
adequately ensure public safety.
FORMAL MEMORANDUM
CONTROL NUMBER
While the Ordinance as written is working well and meets the needs of the community,
the police department appreciates the position of residents who have had their animals
declared vicious and wish to exercise their animals by walking them on the public way.
Therefore, the police department has no objections to permitting an animal that has
been declared vicious to be on the public way subject to the following conditions:
• The person in actual physical control of the animal be a minimum of 18 years of
age
• The animal be securely muzzled at all times
• The animal be restrained by a chain or leash connected to a three point harness
(not a collar) securely fastened to the animal
It is the department's position that such an allowance could be made for walking an
animal previously declared a vicious animal consistent with our ordinance, without
unreasonably jeopardizing public safety moving forward. Appropriate staff will be on
hand to address specifics related to the recommended ordinance revision and answer
questions about the department's general experience with the revised ordinance to
date.
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20.207: VICIOUS ANIMALS:
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A. Mandatory Restraint: It shall be unlawful for any person to have custody of, own, possess
or maintain a vicious animal, as defined in section 20.402 of this chapter, unless it is
restrained, securely confined on the premises of its keeper or owner, or muzzled so that
it cannot bite, attack or cause injury to any person or other domestic animal. In addition
to any other available penalties, failure to comply with the requirements of this section
may result in impoundment, as set forth in subsection B of this section. For purposes of
this section, the following shall apply:
A vicious animal shall be deemed securely confined on the premises of its keeper or
owner only when confined in a five (5) sided enclosure (4 sides and a roof) that is
reasonably designed to prevent escape. If the enclosure has no floor that is secured to
the sides, then the sides of the enclosure shall be embedded into the ground no less
than two feet (2') deep to prevent escape by digging. The enclosure must be humane
and provide some protection from the elements for the animal.
2. A vicious animal may only leave the securely confined premises for the purpose of
obtaining grooming, veterinary care or upon order of a court of competent jurisdiction,
or to leave the village limits. When beyond the premises for such reasons, the animal
must be securely muzzled and restrained by a chain or leash and under the immediate
and constant physical restraint of the owner or keeper.
3. The owner of a vicious animal shall display a sign stating "WARNING - VICIOUS
ANIMAL - KEEP AWAY!" on the exterior of any enclosure in which the animal is kept.
The sign must be visible and legible from ten feet (10') away from the animal's
enclosure.
B. Impoundment: If a vicious animal, as defined under section 20.402 of this chapter, is not
kept in accordance with this section, or immediate impoundment is otherwise necessary
for the protection of the public health or safety, the chief of police or other person acting
on behalf of the village may immediately order the animal impounded.
1. The keeper or custodian of an animal impounded pursuant to this section, shall be
notified of the impoundment by certified mail or by personal service, in accordance with
section 20.301 of this chapter, within two (2) working days of the impoundment.
2. The notice of impoundment, if by certified mail, shall inform the owner or custodian of
the animal that the owner may make a written request for a hearing to contest the
impoundment. Such a request must be made within five (5) working days of the mailing
of the notice of impoundment. If notice of impoundment is given by citation, a hearing
date shall be assigned and indicated on the citation. The hearing may be before the
circuit court of Cook County, the village manager, or his or her designee or any
administrative hearing officer. The forum shall be selected at the village's sole
discretion.
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3. Upon request by the owner or custodian of the animal for a hearing pursuant to
subsection B2 of this section, a hearing shall be held within ten (10) working days of
the request. A notice of the hearing shall be mailed by certified mail to the owner or
keeper of the animal requesting the hearing. The animal shall not be destroyed prior to
the conclusion of the hearing.
4. If a determination not to destroy the animal is made pursuant to the hearing, the village
may, to ensure the health and safety of the public and the animal, impose reasonable
restrictions and conditions for the control and maintenance of the animal upon its
release to the owner. The conditions may include, but are not limited to, the following:
a. Posting a bond or other proof of ability to be responsible for future damage or injury
caused by the animal.
b. Specific requirements as to size, construction and design of an enclosure in which to
house the animal.
c. Establishing the location for housing the animal, including the removal of the animal
from the village.
d. Requirements as to type and method of restraint and /or muzzling of the animal.
e. Payment of reasonable fees to recover the impoundment costs incurred by the
village.
5. As provided under section 15 of the Illinois animal control act, 510 Illinois Compiled
Statutes 5/15, the court has authority to enter a decree restraining the owner of a
vicious animal from maintaining such animal as a public nuisance and may further
decree that such animal be humanely dispatched.
6. Impoundment shall be conducted in accordance with subsections 20.205 B, C and D
of this article to the extent not in conflict with this section. (Ord. 5538, 1 -17 -2006)
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