[Dewey-Darrow] Dog attack: Police non-response

[Bearhair]

>The police work for 
>us - please insist to  them directly that they do their jobs protecting the 
>public.  Call the  shift supervisor - Baumgarten at 866-5000

I spoke to the current Shift supervisor - he's at extension 5062. I didn't
catch his name.  He had no knowledge of the details of the incident and told
me he would find someone who did know and would have them call me back. He
suggested that I would not hear from someone until Monday.

I told him that the neighborhood is outraged that this dog has not yet been
impounded. I told him that one of the owners was bitten by the attacking dog
and unless the dog is known to have been currently vaccinated, the dog must
be immediately impounded to prevent the owners from taking the dog out of the
city and escaping their jurisdiction. He became much more interested at that
point.

I have reviewed the City of Evanston City Code 
>http://www.sterlingcodifiers.com/IL/Evanston/index.htm
and can completely refute the Police's assertion that they do not have
jurisdiction over the impoundment, to wit:

Section 9-4-1: DEFINITIONS:
As used in this chapter the following terms mean:
  . . . ANIMAL CONTROL WARDEN: The chief of police shall be ex officio animal
control warden for the city. Provision shall be made for the appointment of
such deputies as may be necessary. 

Section 9-4-2: ANIMAL CONTROL WARDEN, POWERS:
The animal control warden or his deputies shall have police powers in the
enforcement of this chapter . . .

Section 9-4-8: IMPOUNDMENT PROCEDURES:
  . . . (C)Option Of Animal Control Warden To Proceed Against Owner For
Violation: . . . the animal control warden, or a police officer, shall issue
to any person violating any provisions of this chapter a notice of ordinance
violation. . . . 

Section 9-4-17: DANGEROUS DOGS:
(A)Defined: As used in this section "dangerous dogs" shall mean and include:

1. Any dog with a known propensity, tendency or disposition to attack
unprovoked, to cause injury or to otherwise endanger the safety of human
beings or domestic animals; or

2. Any dog which attacks a human being or domestic animal without
provocation; or

3. Any dog which, without provocation, in a vicious or terrorizing manner
approaches any person in an apparent attitude of attack, whether or not the
attack is consummated or capable of being consummated. . . .

(B)Regulations:

1. No person owning or harboring or having the care or custody of a dangerous
dog shall suffer or permit such dog to go unconfined on the premises of such
person. A dangerous dog is "unconfined" as the term is used in this section
if such dog is not securely confined indoors or confined in a securely
enclosed and locked pen or a dog run area upon the premises of said
person. . . .

2. No dangerous dog may be kept on a porch, patio, or in any part of a house
or structure that would allow the dog to exit such building on its own
volition. No such animal may be kept in a house or structure when the windows
are open or when screen doors or screen windows are the only obstacle
preventing the dog from exiting the structure.

3. All owners, keepers or harborers of dangerous dogs within the city shall
within ten (10) days from the effective date of this section display in a
prominent place on their premises a sign easily readable by the public using
the words "Beware of Dangerous Dog". In addition, a similar sign is required
to be posted on the kennel or pen of such animal. The city shall issue two
(2) signs meeting the requirements of this section upon payment of the
dangerous dog permit fee set forth in subsection 9-4-4(A) of this chapter.

(C)Off Premises: No person owning or harboring or having the care of a
dangerous dog shall suffer or permit such dog to go beyond the premises of
such person unless such dog is securely muzzled and restrained with a chain
capable of restraining the dog and not exceeding three feet (3') in
length. . . .

(G)Violation: In the event that a police officer or animal warden has
probable cause to believe that a dangerous dog is being harbored or cared for
in violation of subsection (B), (C), or (D) of this section, he or she may
petition a court of competent jurisdiction to order the seizure and
impoundment of the dangerous dog pending trial. In the event that a police
officer or animal warden has probable cause to believe that a dangerous dog
is being harbored or housed in violation of subsection (C) or (D) of this
section, he or she may seize and impound the dangerous dog pending
trial. . . .

(I)Penalty:

  . . . 2. Any dangerous dog which attacks a human being or another domestic
animal may be ordered destroyed when in the court's judgment, such dangerous
dog represents a continuing threat of serious harm to human beings or other
domestic animals. . . .

Seems to me that the Police have the jurisdiction to immediately impound this
dog.

Lora