McKeon Renews Attack on Vicious Dog Penalty

Chicago, IL -- 8/23/2001, 10:00:00 AM

In the wake of recent tragedies involving vicious dogs mauling young children, State Representative Larry McKeon (D-Chicago) is renewing his fight to increase penalties on irresponsible dog owners who are unable to control their canines.

Last spring, McKeon and Representative Jefferson (D-Rockford) and State Senator Chris Lauzen (R-Aurora) successfully passed legislation in the General Assembly aimed at reducing violent attacks by dangerous dogs. But Governor Ryan offered an amendatory veto to this legislation, questioning the wisdom of equalizing penalties for a “dangerous dog” and a “vicious dog” and recommended reducing the penalties.

“Unfortunately, this recent tragedy involving young Sierra Clayton, who was killed by a violent dog not properly restrained, highlights the need to toughen measures on individuals who do not control their animals,” said Representative McKeon. “The devastation her family is now experiencing, is being felt by numerous other families throughout the state of Illinois.”

Senate Bill 653, sponsored by McKeon in the House, clarifies criminal penalties resulting from actions taken by dangerous dogs and places additional responsibility on their owners. A “dangerous” dog is defined as “any individual dog which when either unmuzzled, unleashed, or unattended by its owner, or a member of the owner’s family, in a vicious or terrifying manner, approaches any person in an apparent attitude of attack upon streets, sidewalks, or any public grounds or places.” 510 ILCS 5/15(a)(2).

Under this legislation, if a dog is found to be a dangerous dog as defined by statute, it must be both muzzled and leashed whenever on a street, sidewalk, or other public place. If the owner of a dog found to be a dangerous dog fails to keep that dog muzzled and leashed as required and the dangerous dog attacks another person causing injury without provocation, then the owner of the dangerous dog is guilty of a Class 4 felony. Also, if the owner of the dangerous dog knowingly failed to keep the dangerous dog muzzled or leashed, then the owner is guilty of a Class 3 felony.

In addition, current law requires that a dangerous dog be in an enclosure when not on public property. An enclosure is defined as a fence or structure of at least 6 feet in height with an entry set up such that young children cannot enter the space. The owner or keeper is also required to tether the dog within the enclosure if necessary as an additional measure to ensure that the animal is unable to escape.

“People are not only being attacked in Chicago’s neighborhoods, but in communities throughout the state," McKeon said. “It is my intent let dog owners know that if they cannot control their animals, they will have to suffer the penalties.”

Senate Bill 653 also requires that any vicious dog impounded under the Animal Control Act must be either spayed or neutered at the dog owner’s expense within 30 days of impoundment. And, if an owner fails to keep the dog enclosed and the dog attacks another person causing injury without provocation, then the owner is guilty of a Class 4 felony. If the owner of the vicious dog knowingly failed to control the dog as required by the Animal Control Act, then the owner is guilty of a Class 3 felony.

Just yesterday, Chicago Alderman Shirley Coleman joined the fight on holding dog owners more responsible when their violent dogs attack. She proposed an ordinance creating stricter rules for owners of pit bulls and Rottweilers. While McKeon supports this proposal, he notes that any laws set by the city of Chicago would have certain limitations. Owners would only be subject to a misdemeanor, rather than the tougher penalty of a felony.