People v. Helm

State filed complaint under Section 15 of Animal Control Act seeking order declaring Defendant's dog to be a vicious dog within meaning of Section 2.19 of the Act. Court entered order, after bench trial, declaring it a vicious dog. Although court may find a dog's conduct is justified where doge was acting to protect a member of its household, statute does not mandate that a court find that a dog's conduct is justified in every instance where a dog perceives a threat and acts to protect a member of its household. Dog's attack on neighbor's dog, followed by its biting of neighbor, cannot be justified because dog should not have been roaming unsupervised and unrestrained, as animal control service had twice previously ordered Defendant to keep dog restrained after previously biting persons. (GOLDENHERSH and SPOMER, concurring.)