§ 4-170. Disposition of vicious animal.

(a)

Humane destruction.

(1)

Where an animal is deemed to be vicious, the village may request an order from a court of competent jurisdiction for the humane destruction of said animal, where appropriate, taking into consideration the severity and the circumstances of the matter.

(2)

Where an animal is declared to be vicious, and the animal has caused death to any person, the court shall order the humane destruction of said animal.

(b)

Permanent confinement. In all cases where an animal is deemed to be vicious and the animal will not be humanely destroyed, the animal owner shall be ordered to comply with the following requirements:

(1)

While on the animal owner's property, the owner must confine the dangerous animal inside the dwelling or within a secure and locked enclosure. If the enclosure is a room within the dwelling, then the animal shall not have direct ingress from or egress to the outdoors unless that ingress and egress is directly to a secure and locked enclosure. A vicious animal may be allowed to move about freely within the entire dwelling upon the condition that the animal is muzzled at all times.

(2)

If the animal has ingress and egress directly to an outside enclosure that has no bottom secured to the sides, then the sides of the enclosure must be embedded into the ground no less than two feet deep. The enclosure must also meet the minimum requirements for the protection of persons and animals stated in this chapter.

(3)

The owner must confine the vicious animal to the enclosure described above at all times. The animal shall be allowed out only when it is necessary to obtain veterinary care for the animal or to comply with a court order. While off of the owner's property, a vicious animal must be muzzled, restrained by a leash not exceeding six feet in length, and must at all times be under the control of a person 18 years of age or older. The muzzle must be made in a manner that will not cause injury to the animal or impair its vision or respiration but must prevent the animal from biting any person or other animal.

(4)

The animal owner must post a sign, in a conspicuous location on the owner's premises, warning that a vicious animal is on the premises. This sign must be visible from at least 50 feet away from the public sidewalk or street and shall state in bold capital letters: "DANGER—VICIOUS ANIMAL—KEEP AWAY." A second identical sign shall be posted in a conspicuous location on the exterior of any outside enclosure.

(5)

The owner, at the owner's expense, shall have an identifying microchip implanted under the animal's skin by an authorized veterinarian, if not done already.

(6)

The animal shall be spayed or neutered, if not done already, at the owner's expense.

(7)

Within ten business days of an order issued under this subsection, the animal owner shall obtain, and maintain in effect at all times that the dog remains within the village, liability insurance in an amount not less than $150,000.00 which includes coverage of claims arising from the conduct of said vicious animal.

(c)

Violation of confinement requirements. It shall be unlawful for any person to allow a vicious dog to be out of the required enclosure, except that a vicious dog may be allowed outside of the enclosure when:

(1)

It is necessary to obtain veterinary care for the dog;

(2)

In the case of an emergency or natural disaster where the dog's life is threatened; or

(3)

To comply with the order of a court of competent jurisdiction, provided that the vicious animal remains muzzled at all times.

(d)

A vicious dog which is found at-large more than twice shall be permanently removed from the village or humanely euthanized. An animal which is returned to the village after removal under this section shall be humanely euthanized.

(Code 1993, § 4-7.5; Ord. No. 2011-O-32, 5-10-2011)