Each owner shall keep and
maintain his animal under restraint; provided, however, that this section shall
not apply to any dog being used for rescue or law enforcement work.
It shall be unlawful for any owner to allow his or her
animal to cross outside the property line of its owner to any extent, including
reaching over or under a fence, or to keep or allow his or her animal to be
outdoors on an unfenced portion of the owner's property, unless the animal is
leashed and under the control of its owner or another responsible person.
In addition, it shall be an unlawful failure
to restrain for an animal to attack, bite,
threaten, or jump on any person without that person's
consent, outside the property of the animal's owner. The provisions of
this section shall be a positive duty of the owner and the offenses described
herein shall be strict liability offenses.
Any owner who violates any provision of this section
shall be subject to a fine of $300.00, if the violation does not result in
severe injury or death to any person or damage to another person's property.
If the violation results in severe injury or death to
any person, the owner shall be subject to a fine of not less than $1,000.00 and
not more than $10,000.00. In addition to a fine, the owner may be required to
submit full restitution to the victim or may be incarcerated for a period not
to exceed six months, or may be required to perform up to 100 hours of
community service, or any combination thereof.
If the violation results in damage to another person's
property, the owner shall be subject to a fine of not less than $300.00 and not
more than $1,000.00. In addition to a fine, the owner may be required to submit
full restitution to the victim.
(Prior code § 98-3; Amend Coun. J. 10-2-95, p.
8604; Amend Coun. J. 10-31-01, p. 71774, § 1; Amend Coun. J. 3-31-04, p.
20916, § 3.25)
FREE CHICAGO DOG LAW ADVICE- CALL NOW!
847-284-7760 CALL RIGHT NOW!
CHICAGO DOG LAW: THE
DANGEROUS DOG LAW
7-12-050 Dangerous
animals--Determination and requirements.
The executive director shall have the authority to
make a determination that an animal is a dangerous animal, as defined in
Section 7-12-020, and to order the owner to comply with any of the measures set
forth below for the protection of public health, safety and welfare.
(a) Upon receipt of a citizen
complaint or other report of an animal bite, attack, threatening behavior, or
other reason to believe an animal may be a dangerous animal, the executive
director or an animal control officer shall evaluate the seriousness of the
complaint or report and, if the circumstances warrant, may conduct an
investigation of the facts. Where practicable and readily located, the
investigation shall include interviewing the complainant, the victim, if any,
the animal's owner, and any witnesses, and observation of the animal and the
scene.
The investigator then shall make a written finding of
whether an animal is a dangerous animal as defined in Section 7-12-020 and of
the basis for that finding. In addition, if during the course of the
investigation, the investigator uncovers evidence of inhumane treatment of any
animal in violation of Section 7-12-090, he or she shall make a written finding
of the specific violation and forward such to the executive director. For
purposes of this section, a police report may constitute an investigation and
may include a finding of dangerousness. Based upon the investigator's finding
of a dangerous animal, the executive director shall declare in writing whether
the animal is a dangerous animal.
(b) Where an animal is declared to
be a dangerous animal, and the animal has caused severe injury to any person,
then the executive director may order the humane destruction of the animal,
where appropriate, taking into consideration the severity and the circumstances
of injury. Where an animal is declared to be a dangerous animal, and the animal
has caused death to any person, then the executive director shall order the
humane destruction of the animal.
(c) In
all cases where an animal is declared to be a dangerous animal and the animal
is not humanely destroyed, the executive director shall order the owner to
comply with the following requirements:
(1)
While on the owner's property, the owner must securely
confine the dangerous animal indoors or within a securely enclosed and locked
pen, structure, or fence, suitable to prevent the entry of young children and
designed to prevent the animal from escaping. Such pen, structure, or fence
must be a minimum of six feet in height and must have secure sides. If it has
no bottom secured to the sides, the sides must be embedded into the ground no
less than two feet deep. The enclosure also must be humane and provide some
protection from the elements for the animal.
(2)
While off of the owner's property, a dangerous animal must
be muzzled securely to prevent the possibility of biting, restrained by a
substantial chain or leash not exceeding six feet in length, and under the
control of a responsible person at all times. 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 it from biting any person or animal.
(3)
The owner must display, in a conspicuous manner, a sign on
the owner's premises warning that a dangerous animal is on the premises by
stating in capital letters:
"Warning--Dangerous Animal--Keep Away."
The sign must be
visible and legible from the public way and from 50 feet away from the special
enclosure required pursuant to subsection (c)(1) above.
(4)
The owner, at the owner's expense, shall have an identifying
microchip installed under the animal's skin by a veterinarian authorized by the
executive director.
(5)
The animal shall be spayed or neutered, at the owner's
expense.
(6)
Within ten business days of the declaration that the animal
is a dangerous animal, the owner must procure and maintain in effect liability
insurance, including coverage of claims arising from the conduct of the owner's
animal, in an amount not less than $100,000.00. The insurance shall include a
provision whereby the insurer notifies the executive director not less than 30
days prior to cancellation or lapse of coverage.
In addition, the
executive director may order the owner to comply with any of the following
requirements, in any combination:
(7)
The owner must confine the dangerous animal to the secure
enclosure described above in subsection (c)(1) at all times and only allow the
animal out under the conditions set forth in subsection (c)(2) when it is
necessary to obtain veterinary care for the animal or to comply with a court
order.
(8)
The owner and the animal must complete a course of animal
obedience training approved by the commission.
In the alternative to (1)--(8)
above, the executive director may order that the dangerous animal shall be
permanently barred from the city limits.
(d) Where the owner's address can
be reasonably ascertained, the executive director shall send written notice to
the owner, by certified mail, stating that his or her animal has been declared
a dangerous animal, describing the basis for such declaration by specific
behavior and date(s) of occurrence, setting forth all applicable orders and
restrictions imposed reason of such declaration, and informing the owner of his
or her right to appeal such determination by filing a written request for a
hearing within seven days of receipt of the notice. A copy of such notice shall
be sent to the complainant, if any. Where the animal has been impounded
pursuant to subsection (f) below, such notice shall be sent within 15 days
after such impoundment.
(e) If the owner requests a
hearing, the executive director, if the department of administrative hearings
has not exercised jurisdiction in accordance with Section 2-14-190(c) of this
Code, or the department of administrative hearings, if the office has exercised
jurisdiction in accordance with Section 2-14-190(c) of this Code, shall appoint
an administrative law officer who shall hold a hearing, at which all interested
parties may present testimony and any other relevant evidence, within 15 days
of the request. The hearing shall be taped or recorded by other appropriate
means. If the administrative law officer upholds the executive director's
determination that the animal is dangerous, the owner shall have 30 days to
satisfy all requirements set out in subsection (c) and the notice. In those
cases where the executive director has ordered humane destruction of the
dangerous animal, that order shall not be carried out until seven days after
the hearing; if the owner appeals to the circuit court during that time period,
that order shall be stayed until resolution of such appeal.
(f) Where there is probable cause
to believe that an animal is a dangerous animal, the executive director or his
designee is authorized to impound and hold such animal, at the owner's expense,
pending the investigation and final resolution of any appeals. Where the animal
has caused severe injury or death to any person, the executive director or his
designee is required to impound and hold such animal, at the owner's expense,
pending the investigation and final resolution of any appeals. Moreover, in no
event shall a dangerous animal be released to its owner before the executive
director or his designee approves the enclosure required by subsection (c)(1).
The holding period and impoundment procedures for animals of unknown ownership
shall be governed by Section 7-12-060.
(g) Guard
dogs and dogs which have been found to be "vicious dogs" under state law, both
of which are defined in Section 7-12-020 above as dangerous animals,
automatically are required to comply with the requirements of Section
7-12-050(c)(1)--(3) without the need for any individualized declaration or the
right to any hearing, except that, to the extent an owner disputes the fact
that his or her animal is used as a guard dog by a commercial venture, in such
instances the protections set forth above shall apply.
(Added Coun. J. 10-2-95, p.
8604; Amend Coun. J. 7-10-96, p. 24983; Amend Coun. J. 11-12-97, p. 56814;
Amend Coun. J. 4-29-98, p. 66565; Amend Coun. J. 10-31-01, p. 71774, § 2)
7-12-051 Dangerous animals--Violations.
(a) Any owner
who fails to comply with any of the requirements of Section 7-12-050(c) and any
additional orders of the executive director as authorized by that subsection
shall be punished by a fine of not less than $200.00 nor more than $500.00 for
the first offense, and not less than $500.00 nor more than $1,000.00 for the
second offense. Any subsequent offenses shall be punished as a misdemeanor by
incarceration for a term not to exceed six months. In addition to the penalties
set forth above, the executive director may order an owner who violates Section
7-12-050(c) to attend with his or her animal a course of animal obedience
training approved by the commission.
(b) Any animal which has been
declared a dangerous animal and which (1) is seen outside and not confined
within the enclosure required by Section 7-12-050(c)(1), and not muzzled and
under control as required by Section 7-12-050(c)(2), or (2) thereafter attacks
or injures a person or domestic animal, may be impounded by an animal control
officer or a police officer, at the owner's expense, and the executive director
may order the owner to comply with any of the alternatives set forth in Section
7-12-050(b) and (c), including humane destruction of the animal. The owner
shall be entitled to notice and an opportunity for a hearing in the same manner
as provided in Section 7-12-050(d) and (e) above.
(Added Coun. J. 10-2-95, p. 8604)
7-12-052 Dangerous animals--Miscellaneous.
(a)
Every owner of a dangerous animal shall allow inspection of
the required enclosure by the executive director or his designee.
(b)
All dangerous animals as defined in this chapter are hereby
declared to be a public nuisance; provided that they are lawful if maintained
in strict compliance with the requirements set out in Section 7-12-050(c).
(c)
The executive director and/or the commission are hereby
authorized to enact regulations governing dangerous animals as are necessary to
carry out the provisions of this chapter and to promote the health, safety, and
welfare of the public.
(d)
Where an animal has caused severe injury or death to any
person, but it is not found to be a dangerous animal on the grounds that the
attack was provoked, the executive director shall advise the owner to comply
with the safety measures set forth in Section 7-12-050(c) in order to protect
the public health, safety and welfare.
(Added Coun. J.
10-2-95, p. 8604)
UPDATES: MARCH 2007
Owners of vicious dogs may
be fined $5,000, get jail time
A City Council committee agreed Monday to put some
teeth into Chicago's dangerous dog ordinance -- in the form of hefty fines and
jail time for negligent owners.
Instead of approving a
breed-specific ban on pit bulls and other dogs groomed for fighting, the
License Committee agreed to put the blame where Mayor Daley believes it
belongs: on irresponsible owners.
Owners of dogs deemed dangerous
are already required to get insurance, put up a fence, post warning signs,
muzzle their pets in public and surrender them to the city after a bite
incident.
But there's a catch: The
only penalty is an administrative violation that's the equivalent of a parking
ticket with a fine ranging from $100 to $300.
Now recalcitrant owners would
face fines as high as $5,000 and up to six months in jail for refusing to
comply. They'll also be required to microchip any dog or cat impounded as a
stray or neglected animal, or for animal cruelty.
"On Halloween, a trick-or-treater was bitten by a dog.
The citizen was able to just take the dog and bring the dog into his house. We
had no recourse to get that dog out . . . for rabies observation," said Anne
Kent, executive director of the city's Animal Care and Control. "If the citizen
does not surrender the animal, we issue an order of impoundment. But the only
punitive aspect is a ticket."
License Committee Chairman Eugene Schulter (47th) said
it's high time that City Hall crack the whip against negligent owners.
Law not breed-specificThe mayor's ordinance also
updates the definition of "severe injury" to a bite wound that does not
necessarily require sutures.
"We have a serious problem in our city. People have
had a long time to obey the law. And they have not done that. People have been
getting away with it for a real long time. We have to make sure that the people
of our city are protected," Schulter said.
In December 2005, Ald. Ginger Rugai (19th) tried again
to target pit bulls in response to a pit bull attack that killed one female
jogger in the Dan Ryan Woods and severely injured a Beverly woman.
On Monday, Kent argued that the mayor's approach makes
more sense than a breed-specific ban. "We at Animal Care have myriad animals
that bite. We have German shepherds, Rotts, pits. This is much more
all-encompassing. . . . It's placing the burden on the owner of the animal --
not on any particular breed," she said.
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Dogs! Chicago Bad Dogs!
Affenpinscher Bichon Frise
Bolognese Boston Terrier Brussels Griffon Cavalier King Charles
Spaniel Chihuahua Chinese Crested Coton de Tulear Dalmatian
English Bulldog English Toy Spaniel French Bulldog Havanese
Italian Greyhound Japanese Chin Lhasa Apso Lowchen Maltese
Miniature Pinscher Papillon Pekingese Peruvian Inca Orchid
Pomeranian Poodle (Miniature & Toy) Pug Schipperke Shih
Tzu Tibetan Spaniel Tibetan Terrier Yorkshire Terrier
Ainu Akita Alaskan Klee Kai
Alaskan Malamute American Eskimo Canadian Eskimo Dog Chinese
Shar-Pei Chinook Chow Chow East Siberian Laika Eurasian
Finnish Lapphund Finnish Spitz Greenland Dog Iceland Dog
Jindo Kai Karelian Bear Dog Keeshond Lundehund
Norbottenspets Norwegian Buhund Norwegian Elkhound Russo-European
Laika Samoyed Shiba Siberian Husky Swedish Lapphund West
Siberian Laika
Akbash Dog American Bulldog
Anatolian Shepherd Appenzeller Bernese Mountain Dog Black Russian
Terrier Boxer Bull Mastiff Caucasian Ovtcharka Central Asian
Shepherd Dog Danish Broholmer Doberman Pinscher Dogo Argentino
Dogue de Bordeaux Entlebucher Estrela Mountain Dog Great Dane
Great Pyrenees Greater Swiss Mountain Dog Hovawart Kangal Dog
Komondor Krasky Ovcar Kuvasz Leonberger Maremma Sheepdog
Mastiff Neapolitan Mastiff Newfoundland Owczarek Podhalanski
Perro de Presa Canario Rottweiler Saint Bernard Sarplaninac
Slovac Cuvac South Russian Ovcharka Spanish Mastiff Tibetan
Mastiff Tosa Ken
Alpine Dachsbracke American Black
& Tan Coonhound American Foxhound Anglo-Francais de Moyen
Venerie Anglo-Francais de Petit Venerie Ariegeois Basset Artesien
Normand Basset Bleu de Gascogne Basset Fauve De Bretagne Basset
Hound Bavarian Mountain Hound Beagle Beagle Harrier Billy
Black Forest Hound Black Mouth Cur Bloodhound Bluetick
Coonhound Briquette Griffon Vendeen Chien D'Artois Chien Francais
Blanc et Noir Chien Francais Black et Orange Chien Francais
Tricolore Dachshund Deutsche Bracke Drever Dunker English
Coonhound English Foxhound Estonian Hound Finnish Hound Grand
Anglo-Francais Grand Basset Griffon Vendeen Grand Bleu de Gascogne
Grand Gascon-Saintongeois Grand Griffon Vendeen Griffon Fauve de
Bretegne Griffon Nivernais Hamiltonstovare Hanoverian Hound
Harrier Large Spanish Hound (Sabueso Espanol de Monte) Leopard Cur
Mountain Cur Otterhound Petit Basset Griffon Vendeen Petit Bleu de
Gascone Petit Gascon-Saintongeois Petit Griffon Bleu de Gascogne
Plott Hound Poitevin Polish Hound Porcelaine Redbone
Coonhound Small Spanish Hound (Sabueso Espanol Lebero) Stephens'
Cur Treeing Cur Treeing Walker Coonhound Welsh Hound
American Water Spaniel Barbet
Boykin Spaniel Bracco Italiano Braque D'Auvergne Braque du
Bourbonnais Braque Francais, de Grande Taille Braque Francais, de
Petite Taille Braque Saint-Germain Brittany Spaniel Cesky
Fousek Chesapeake Bay Retriever Clumber Spaniel Cocker Spaniel
Curly-Coated Retriever Deutscher Wachtelhund (German Spaniel) Drentse
Patrijshond English Cocker Spaniel English Pointer English
Setter English Springer Spaniel Epagneul Blue de Picardie Epagneul
Breton Epagneul Picard Epagneul Pont-Audemer Field Spaniel
Flat-coated Retriever French Spaniel (Epagneul Francais) German
Longhaired Pointer German Shorthaired Pointer German Wirehaired
Pointer Golden Retriever Gordon Setter Irish Red & White
Setter Irish Setter Irish Water Spaniel Kooikerhondje Labrador
Retriever Large Munsterlander Novia Scotia Duck Tolling Retriever
Old Danish Bird Dog Perdiguero de Burgos Perdiguero Navarro
Portuguese Pointer (Perdiguero Portugueso) Portuguese Water Dog
Pudelpointer Small Munsterlander Spanish Water Dog Spinone
Italiano Stabyhoun Standard Poodle Sussex Spaniel Vizsla
Weimaraner Welsh Springer Spaniel Wirehaired Pointing Griffon
Afghan Hound Azawakh Basenji
Borzoi Canaan Dog Carolina Dog Chart Polski Greyhound
Ibizan Hound Irish Wolfhound Lurcher New Guinea Singing Dog
Pharaoh Hound Podengo Portugueso Rhodesian Ridgeback Saluki
Scottish Deerhound Sloughi Spanish Greyhound Thai Ridgeback
Whippet Xoloitzcuintli
Airedale Terrier American Hairless
Terrier American Pit Bull Terrier Australian Terrier Bedlington
Terriers Border Terrier Bull Terrier Cairn Terrier Cesky
Terrier Dandie Dinmont Terrier German Pinscher Glen of Imaal
Terrier Irish Terrier Jack Russell Terrier Jagdterrier Kerry
Blue Terrier Kromfohrlander Lakeland Terrier Manchester Terrier
Miniature Bull Terrier Miniature Schnauzer Norfolk Terrier Norwich
Terrier Patterdale Terrier Rat Terrier Russell Terrier Scottish
Terrier Sealyham Terrier Silky Terrier Skye Terrier Smooth Fox
Terrier Soft-Coated Wheaten Terrier Sporting Lucas Terrier
Staffordshire Bull Terrier Teddy Roosevelt Terrier Toy Fox Terrier
Treeing Feist Welsh Terrier West Highland White Terrier Wire Fox
Terrier
Australian Cattle Dog Australian Kelpie
Australian Shepherd Bearded Collie Beauceron Belgian Shepherd Dogs
(Groenendael, Laekenois, Malinois, Tervueren) Bergamasco Berger
Picard (Picardy Shepherd) Berger de Pyrenees Border Collie Bouvier
Des Flandres Briard Collie Dutch Shepherd English Shepherd
German Shepherd Dog Giant Schnauzer Louisiana Catahoula Leopard Dog
Mudi Old English Sheep Dog Polski Owczarek Nizinny Puli
Pumi Schapendoes Shetland Sheepdog Standard Schnauzer Stumpy
Tail Cattle Dog Swedish Vallhund Welsh Corgi-Cardigan Welsh
Corgi-Pembroke White Shepherd
