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  #11  
Old 03-03-2010
cindyrose cindyrose is offline
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http://www.ilga.gov/legislation/ilcs...051000050K15.3


d) At any time after a final order has been entered, the owner may petition the circuit court to reverse the designation of dangerous dog.
(Source: P.A. 95‑550, eff. 6‑1‑08.)



my question is where do I file this petition?

Last edited by cindyrose; 03-03-2010 at 12:37 PM.
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  #12  
Old 03-03-2010
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Quote:
Originally Posted by ChicagoACOSupervisor View Post
Since you are past the seven days, you pretty much must come into compliance under the Chicago Municipal Code now. If you move the dog into another jurisdiction, you must notify Chicago Department of Animal Care and Control of where you are taking the dog. This is so that the inspector assigned to your case can update his/her files to reflect that the dog is no longer under our jurisdiction and authority. CACC will notify the police department of the town you are taking the dog to notify them a declared dangerous animal is entering their jurisdiction...more or less an FYI about it.

So yes, if you exhausted your time for appeal, you must come in to compliance. There is no other legal remedy for you to attempt really.


what town can i move to, to avoid the demands of the city
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  #13  
Old 03-03-2010
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Quote:
Originally Posted by cindyrose View Post
http://www.ilga.gov/legislation/ilcs...051000050K15.3


d) At any time after a final order has been entered, the owner may petition the circuit court to reverse the designation of dangerous dog.
(Source: P.A. 95‑550, eff. 6‑1‑08.)



my question is where do I file this petition?
I would start here
http://198.173.15.34/?section=CASEIN...EINFOPage=2400
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Old 03-03-2010
cindyrose cindyrose is offline
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^ thank you very much for the link....

I see alot of people filing their own suit.....not sure how effective that is....would much rather go thru a attorney...I called the Bar assoc and they dont have a referral.


I called the 3 attorneys that represented these cases but they are no longer in business or dont handle this type of case

https://w3.courtlink.lexisnexis.com/...CONTROL&CDate=
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Old 03-03-2010
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But if you have exhausted the time alotted to appeal, you cannot appeal anymore, that is why you are given a certain amount of time. If you have gone past the time you were given (7 days to appeal) and it is now day 9... you cannot appeal anymore.... you have lost the right to appeal...
ALSO, if a dog has been deamed dangerous in one jurisdiction(city A) and you move the dog to another jurisdiction(city B), then City A will tell the City B that the dog has been declared dangerous AND may very well impose its own stipulations(set of rules) to house the dangerous dog in it's city. IF you donot comply with City B, you can be charged with harboring a dangerous dog.
get it now?
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Old 03-03-2010
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Quote:
Originally Posted by kgill View Post
But if you have exhausted the time alotted to appeal, you cannot appeal anymore, that is why you are given a certain amount of time. If you have gone past the time you were given (7 days to appeal) and it is now day 9... you cannot appeal anymore.... you have lost the right to appeal...
ALSO, if a dog has been deamed dangerous in one jurisdiction(city A) and you move the dog to another jurisdiction(city B), then City A will tell the City B that the dog has been declared dangerous AND may very well impose its own stipulations(set of rules) to house the dangerous dog in it's city. IF you donot comply with City B, you can be charged with harboring a dangerous dog.
get it now?

get this now?

(d) At any time after a final order has been entered, the owner may petition the circuit court to reverse the designation of dangerous dog.
(Source: P.A. 95‑550, eff. 6‑1‑08.)



http://www.ilga.gov/legislation/ilcs...051000050K15.3
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  #17  
Old 03-03-2010
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Well that is state law, maybe the city has tougher/different ones?

Also reading that Illinois statute, even if it stands as written, only seems to indicate you can appeal an order declaring your dog dangerous. In my area, lack of filing for a hearing (or appeal) is not an order, you dog would be dangerous due to your own inaction, not an order.

Heck, owners only have 5 days here to decide to have a hearing or not and come up with the $350 hearing fee which must be paid at the time they make the request.

Jeff
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  #18  
Old 03-04-2010
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Your city ordinance says you have 7 days to appeal. Our ordinance has a similar section that says 5 working days. Once the appeal time has expired the courts will not hear the appeal.
http://www.animallaw.info/statutes/s...llside.htm#s50
section 7-12-050 (e)
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  #19  
Old 03-04-2010
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Quote:
Originally Posted by cindyrose View Post
My question is how do I appeal the "dangerous dog" determination upon my dog? My dog was prevoked...he was punched in the head...then my dog bite him and released him upon the boy ceasing blows.

We have a witness that saw it....

Can someone please recommend a attorney or explain the how i can initiate the process? And what are your experiences with this process? Am I wasting my time?

Thank you
I'm a little confused here,
Was there a hearing that determined your dog to be dangerous or were you just charged with harboring a dangerous dog?
In Pa. we have a dangerous dog law. Upon receiving a complaint I can, based upon the facts presented to me issue a citation charging you with harboring a dangerous dog. A hearing will then be scheduled before a district justice to determine if in fact the dog is dangerous. The burden of proof as to wether or not the dog is in fact dangerous rests on the prosecution. During the time of the hearing and any appeals process the dog must remain quarantined and may only be taken out for veterinary examinations, while out the dog must be muzzled.

If I were to charge you with harboring a dangerous dog you would have 7 days to respond to the charge and request a hearing or plead guilty. If you fail to respond after 7 days have passed a hearing will be shceduled and you be notified of the time, date and place. If you failed to appear for this hearing you could be found guilty in absentia. If you were found guilty in absentia you would then have 30 days to appeal that finding in the county court. If you appeal and fail to show or are found guilty at the county level you could then appeal to the state supreme court, lots of luck there, I have never had one go beyond the county court.

And to echo a previous response, you are never wasting your time fighting for something you believe in. As an officer of the law my only goal is to ensure the safety of the public and their pets. I do not take personal pleasure out of charging someone with harboring a dangerous dog knowing that dog could possibly be euthanized.
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Last edited by ACO2642; 03-04-2010 at 07:40 AM.
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  #20  
Old 03-04-2010
cindyrose cindyrose is offline
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^ the hearing determined my dog to be dangerous.

we are at the end of out rope. we dont have funds to pay for liabity insurance or file a petition.
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