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  #21  
Old 03-04-2010
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Originally Posted by cindyrose View Post
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
(just to clarify - no sarcasm was meant by my original "get it now'')

If you are charged under CITY ordinances you have to comply with the CITY code.. not STATE. The CITY gave you 7 days... if you cannot comply with the CITY stipulations - ask yourself this... do you have a RELIABLE someone who lives outside the city's jurisdictional area who will PROPERLY take care of the animal and WANT to take FULL responsibility for the dog and the dogs actions? NOT just someone you'll throw the dog upon because you don't want the dog put down. Remember, the person you put the dog on becomes legal custodian of the dog and therefore becomes subject to all the "responsibilities" of dog ownership (ie license, vax, compliances, housing, actions...) So again, you have to think if that is something this other person is willing to take on.. and if City B decides to impose it's own Dangerous Dog stipulations, is THAT person going to want that responsibility and liability...
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Last edited by kgill; 03-04-2010 at 03:31 PM.
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  #22  
Old 03-04-2010
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Just so people do not get confused. Her dog was declared dangerous under Chicago Municipal Code.
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  #23  
Old 03-04-2010
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Originally Posted by ChicagoACOSupervisor View Post
Just so people do not get confused. Her dog was declared dangerous under Chicago Municipal Code.
Hence why we are trying to tell her that her 7 days is up and that the code she keeps citing is STATE... and therefore doesn't apply...
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  #24  
Old 03-05-2010
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Can someone please post the city code that states I only have 7 days? please and thank you
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  #25  
Old 03-05-2010
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Originally Posted by cindyrose View Post
Can someone please post the city code that states I only have 7 days? please and thank you

City of Chicago ordinance ...... PAY ATTENTION TO 8(d) - i have highlighted it for you....


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, any witnesses, observation of the animal and the scene, and any other information presented by the owner. 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 or other domestic animal, 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) Subject to subsection (g) of this section, 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 and top. 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. In addition to the enclosure required by this subsection, the owner shall erect a fence on the perimeter of that portion of the property where the enclosure is located. The location and height of the fence shall be approved by the executive director. The enclosure and fence shall be erected within thirty days of the declaration that the animal is a dangerous 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 adult 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) Within 24 hours of the declaration that the animal is a dangerous animal, 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) Within ten business days of the declaration that the animal is a dangerous animal, the owner, at the owner's expense, shall have an identifying microchip installed under the animal's skin by a veterinarian.
(5) Within ten business days of the declaration that the animal is a dangerous animal, the animal shall be sterilized, 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 for each animal declared dangerous. 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, comply with a court order, or where an emergency is declared by a government agency requiring evacuation of the owner.
(8 The owner and the animal must complete a course of animal obedience training approved by the executive director.
In the alternative to (1) – (8 above, the executive director may order that the dangerous animal:
(i) at the owner's expense, have an identifying microchip implanted under the animal's skin by a veterinarian; and
(ii) be permanently barred from the city limits. The owner shall provide a statement, verified by affidavit, to the executive director indicating the new location of the animal, and the name and address of the person having custody of the animal.
(d) Where the owner's address can be reasonably ascertained, the executive director shall send written notice to the owner, by first class 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 service of the notice. A notice shall be deemed served on the date the notice is mailed. 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 30 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 30 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 owner obtains a dangerous animal license pursuant to section 7-12-052 or 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, automatically are required to comply with the requirements of Section 7-12-050(c)(1) – (4) and (c)(6) 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 the hearing procedure set forth in subsection (e) of this section shall apply. The commission may promulgate rules and regulations that set forth the conditions under which the provisions of subsection (c) of this section shall not apply to guard dogs when the dogs are on assignment.
(Added Coun. J. 10-2-95, p. 8604; Amend Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 10-31-01, p. 71774, 2; Amend Coun. J. 3-14-07, p. 99838, 1)
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Last edited by kgill; 03-05-2010 at 01:01 PM.
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  #26  
Old 03-05-2010
GJ Stuart GJ Stuart is offline
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I would challenge the "executive director's" ability to determine whether my dog is dangerous or not... I'm not up on everything that happened in this case, and it sounds like you waited too long... but most States are moving away from this kind of hearings and are requiring these situations be brought into a Court for determination. More and more State Supreme Courts do not like an ACO or Service Director being the sole determiner of a dangerous or vicious dog. Someone with money will challenge this one day and it will be changed.
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  #27  
Old 03-05-2010
DRNEGRIN6 DRNEGRIN6 is offline
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Quote:
Originally Posted by GJ Stuart View Post
I would challenge the "executive director's" ability to determine whether my dog is dangerous or not... I'm not up on everything that happened in this case, and it sounds like you waited too long... but most States are moving away from this kind of hearings and are requiring these situations be brought into a Court for determination. More and more State Supreme Courts do not like an ACO or Service Director being the sole determiner of a dangerous or vicious dog. Someone with money will challenge this one day and it will be changed.

I'm trying to get NJ law changed in regards to how statutes involving animals are written/amended. In the case that involved me, the law was changed which appears to give citizens more freedoms but would allow an animal to suffer since sustenance was defined to not include veterinary medicine. Even though I was the victor in this case, I feel that the judicial system should include a veterinarian/behaviorist (depending on what statute is involved) in the amendment of such laws. I am in the process of speaking to the NJVMA (veterinary medical association) to see if I can get them to bring this up and possibly amend the law. At this point, they give the SPCA/ACOs more credibility than a veterinarian in NJ. Most do not have any formal training when it comes to animal behavior/animal welfare. It is all hands-on. Yet they are seen more of an expert than someone who has worked hands-on and has had 8 years of schooling in the subject? That is just plain and simple, bizarre.

Although I did not have much money to fight, I know right from wrong and had the support of many ACOs/ACIs in fighting the injustice that occurred in my case. I prevailed and the corrupt ACOs were at least somewhat discredited for what they did.
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  #28  
Old 03-05-2010
cindyrose cindyrose is offline
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i wish we had $$$ to fight this...it's not possible...were gonna say goodbye to our dog this weekend and drop him off on monday at animal control...we are hoping the officer doesnt knock on our door this weekend....
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  #29  
Old 03-05-2010
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Here we do them all ourselves. However, a dog must meet certain requirements to be deemed "potentially dangerous" let alone "dangerous". It's not like you bring your dog in and we say, yup that dog is dangerous. I know how reluctant we are to declare a dog dangerous and I don't know much about this perticular case or the way Chicago does things, but I am pretty sure they got it right. If your dogs actions caused severe injury to someone there isn't much fighting it is going to do, you would be basically wasting your money.
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  #30  
Old 04-07-2010
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So we moved out of state and changed our numbers...hopefully we dont hear about this again....
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