§ 4-61. Attack or bite by dangerous animal.

(a)

It is a violation of this section for the owner of a dangerous animal to fail to exercise due care and control of his or her animal and the animal attacks or bites any person or animal.

(b)

Upon the written, sworn complaint of any person alleging that an animal has actually bitten, mauled, attacked, or otherwise injured any person or any animal, an Animal Control Officer shall take the animal into custody with the owner's consent, or shall require that the owner confine the animal in a securely fenced or enclosed area. Lake County Sheriff's Office may apply to a court of competent jurisdiction for an order permitting the pickup and impoundment of the animal. In entering its order, the court shall make a preliminary finding that probable cause exists to believe the animal to be dangerous under this chapter and a threat to public safety. The court may order impoundment at the Animal Shelter or, at the request and expense of the owner, may in its discretion require impoundment to be at some other secure quarters. If the animal has been taken into custody and quarantined pursuant to section 4-37 above, the animal shall remain in the custody of Animal Services until a determination has been made with regard to the dangerousness of the animal. All costs of impounding, boarding and veterinary care of the animal shall be paid by the owner prior to release of the animal.

(c)

Animal Services shall make a determination of the animal's dangerousness in accordance with the procedure set forth in section 4-60 above. If an animal is determined to be dangerous, it shall thereafter be Euthanized, pending any further appeal of the owner.

(d)

Nothing in this section shall be deemed to affect any criminal proceeding, nor shall any determination or deliberation by the special master be admissible in evidence in any criminal proceeding against the owner of the impounded animal.

(e)

The recommended penalty for a violation of this section is a fine of five hundred dollars ($500.00).

(Ord. No. 2009-47, § 2, 9-1-09; Ord. No. 2017-16, § 2, 4-4-17; Ord. No. 2018-22, § 2, 5-8-18)