Monday, August 8, 2016

Illinois: Police say they're hands are tied since pit bull has only (so far) attacked other pets in the neighborhood

ILLINOIS -- "Feeling very disappointed and helpless right now.

"Merle was walking Lady Tuesday and Lady was attacked by the same pit bull that has attacked her 2 other times! This time the pit bolted out the front door as its owner opened it. It ran clear across the street and grabbed Lady by the neck as the owner was yelling and chasing it.

"By the grace of God Lady's collar kept the teeth from puncturing her neck. The woman in the house that this happened in front of even heard and saw everything. She came running out of the house to try to help so we have a witness.

"It took all the owner could do to get it off Lady and all Merle could do to protect Lady. The owner told Merle he was getting rid of the dog.

"Of course we called the police. To make a long story short the police can't take the dog because it didn't break the skin on Lady and now the owner says he is building a pen in the back and is keeping the dog. He has still not provided police with proof of rabies.

"The police are doing all they can but they have to follow the law. They have tried to convince the man to give the dog up and have assured me they will check back in a week.

"So in other words until this dog harms a child or kills our Lady we are stuck with it in the neighborhood. Please be aware. I don't want to see harm to this dog but my gosh this is crazy. PLEASE BEWARE IF YOU WALK BY 610 Broadway in Hamilton. And if you have any issues with this dog call 911 immediately!"

 

Maybe I'm reading it wrong, but it looks like Illinois has a state law regarding aggressive, vicious dogs. Seems like authorities could charge the pit bull owner under this law:

"Dangerous dog" means (i) any individual dog anywhere other than upon the property of the owner or custodian of the dog and unmuzzled, unleashed, or unattended by its owner or custodian that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal or (ii) a dog that, without justification, bites a person and does not cause serious physical injury. 

5/15. Vicious dog determination
§ 15. (a) In order to have a dog deemed “vicious”, the Administrator, Deputy Administrator, or law enforcement officer must give notice of the infraction that is the basis of the investigation to the owner, conduct a thorough investigation, interview any witnesses, including the owner, gather any existing medical records, veterinary medical records or behavioral evidence, and make a detailed report recommending a finding that the dog is a vicious dog and give the report to the States Attorney's Office and the owner.

The Administrator, State's Attorney, Director or any citizen of the county in which the dog exists may file a complaint in the circuit court in the name of the People of the State of Illinois to deem a dog to be a vicious dog. Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert may be relevant to the court's determination of whether the dog's behavior was justified. The petitioner must prove the dog is a vicious dog by clear and convincing evidence. The Administrator shall determine where the animal shall be confined during the pendency of the case.