093_HB0184ham001
LRB093 04436 LCB 11574 a
1 AMENDMENT TO HOUSE BILL 184
2 AMENDMENT NO. . Amend House Bill 184 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Animal Control Act is amended by
5 changing Sections 2.01, 2.02, 2.03, 2.05, 2.07, 2.16, 2.17,
6 2.18, 3, 5, 7.1, 8, 9, 10, 11, 12, 13, 15, 17, 18, 19, 22,
7 24, and 26, and by adding Sections 2.04a, 2.05a, 2.11a,
8 2.12a, 2.17a, 2.17b, 2.18a, 2.19a, 2.19b, 15.1, 15.2, and
9 15.3 as follows:
10 (510 ILCS 5/2.01) (from Ch. 8, par. 352.01)
11 Sec. 2.01.
12 "Administrator" means a veterinarian licensed by the
13 State of Illinois and appointed pursuant to this Act, or in
14 the event a veterinarian cannot be found and appointed
15 pursuant to this Act, a non-veterinarian may serve as
16 Administrator under this Act. In the event the Administrator
17 is not a veterinarian, the Administrator shall defer to the
18 veterinarian regarding all medical decisions. his or her duly
19 authorized representative.
20 (Source: P.A. 78-795.)
21 (510 ILCS 5/2.02) (from Ch. 8, par. 352.02)
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1 Sec. 2.02.
2 "Animal" means every living creature any animal, other
3 than man, which may be affected by rabies.
4 (Source: P.A. 78-795.)
5 (510 ILCS 5/2.03) (from Ch. 8, par. 352.03)
6 Sec. 2.03.
7 "Animal Control Warden" means any person appointed by the
8 Administrator and approved by the Board to perform the duties
9 set forth in as assigned by the Administrator to effectuate
10 this Act.
11 (Source: P.A. 78-795.)
12 (510 ILCS 5/2.04a new)
13 Sec. 2.04a. "Cat" means all members of the family
14 Felidae.
15 (510 ILCS 5/2.05) (from Ch. 8, par. 352.05)
16 Sec. 2.05.
17 "Confined" means restriction of an animal at all times by
18 the owner, or his agent, to an escape-proof building, house,
19 or other enclosure away from other animals and the public.
20 (Source: P.A. 78-795.)
21 (510 ILCS 5/2.05a new)
22 Sec. 2.05a. "Dangerous dog" means any individual dog when
23 unmuzzled, unleashed, or unattended by its owner or custodian
24 that behaves in a manner that a reasonable person would
25 believe poses a serious and unjustified imminent threat of
26 serious physical injury or death to a person or a companion
27 animal in a public place.
28 (510 ILCS 5/2.07) (from Ch. 8, par. 352.07)
29 Sec. 2.07.
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1 "Deputy Administrator" means a veterinarian licensed by
2 the State of Illinois, appointed by the Administrator, and
3 approved by the Board.
4 (Source: P.A. 78-795.)
5 (510 ILCS 5/2.11a new)
6 Sec. 2.11a. "Enclosure" means a fence or structure of at
7 least 6 feet in height, forming or causing an enclosure
8 suitable to prevent the entry of young children, and suitable
9 to confine a vicious dog in conjunction with other measures
10 that may be taken by the owner or keeper, such as tethering
11 of the vicious dog within the enclosure. The enclosure shall
12 be securely enclosed and locked and designed with secure
13 sides, top, and bottom and shall be designed to prevent the
14 animal from escaping from the enclosure. If the enclosure is
15 a room within a residence, the door must be locked. A vicious
16 dog may be allowed to move about freely within the entire
17 residence if it is muzzled at all times.
18 (510 ILCS 5/2.12a new)
19 Sec. 2.12a. "Impounded" means taken into the custody of
20 the public animal control facility in the city, town, or
21 county where the animal is found.
22 (510 ILCS 5/2.16) (from Ch. 8, par. 352.16)
23 Sec. 2.16.
24 "Owner" means any person having a right of property in an
25 a dog or other animal, or who keeps or harbors an a dog or
26 other animal, or who has it in his care, or acts as its
27 custodian, or who knowingly permits a dog or other domestic
28 animal to remain on or about any premise occupied by him.
29 (Source: P.A. 78-795.)
30 (510 ILCS 5/2.17) (from Ch. 8, par. 352.17)
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1 Sec. 2.17.
2 "Person" means any individual, person, firm, corporation,
3 partnership, society, association or other legal entity, any
4 public or private institution, the State of Illinois,
5 municipal corporation or political subdivision of the State,
6 or any other business unit.
7 (Source: P.A. 78-795.)
8 (510 ILCS 5/2.17a new)
9 Sec. 2.17a. "Peace officer" has the meaning ascribed to
10 it in Section 2-13 of the Criminal Code of 1961.
11 (510 ILCS 5/2.17b new)
12 Sec. 2.17b. "Police animal" means an animal owned or
13 used by a law enforcement department or agency in the course
14 of the department or agency's work.
15 (510 ILCS 5/2.18) (from Ch. 8, par. 352.18)
16 Sec. 2.18. "Pound" or "animal control facility" may be
17 used interchangeably and mean means any facility approved by
18 the Administrator for the purpose of enforcing this Act and
19 used as a shelter for seized, stray, homeless, abandoned, or
20 unwanted dogs or other animals.
21 (Source: P.A. 78-795.)
22 (510 ILCS 5/2.18a new)
23 Sec. 2.18a. "Physical injury" means the impairment of
24 physical condition.
25 (510 ILCS 5/2.19a new)
26 Sec. 2.19a. "Serious physical injury" means a physical
27 injury that creates a substantial risk of death or that
28 causes death, serious or protracted disfigurement, protracted
29 impairment of health, or impairment of the function of any
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1 bodily organ.
2 (510 ILCS 5/2.19b new)
3 Sec. 2.19b. "Vicious dog" means a dog that, without
4 justification, attacks a person and causes serious physical
5 injury or death or any individual dog that has been found to
6 be a "dangerous dog" upon 3 separate occasions.
7 (510 ILCS 5/3) (from Ch. 8, par. 353)
8 Sec. 3. The County Board Chairman with the advice and
9 consent of the County Board shall appoint an, as
10 Administrator, a veterinarian licensed by this State.
11 Appointments shall be made as necessary to keep this position
12 filled at all times. The Administrator may appoint as many
13 Deputy Administrators and Animal Control Wardens to aid him
14 or her as authorized by the Board. The compensation for the
15 Administrator, Deputy Administrators, and Animal Control
16 Wardens shall be fixed by the Board for services other than
17 for the rabies inoculation of dogs or other animals. The
18 Administrator may be removed from office by the County Board
19 Chairman, with the advice and consent of the County Board.
20 The Board shall provide necessary personnel, training,
21 equipment, supplies, and facilities, and shall operate pounds
22 or contract for their operation as necessary to effectuate
23 the program. The Board may enter into contracts or agreements
24 with persons to assist in the operation of the program.
25 The Board shall be empowered to utilize monies from their
26 General Corporate Fund to effectuate the intent of this Act.
27 The Board is authorized by ordinance to require the
28 registration and microchipping of dogs and cats and shall may
29 impose an individual animal and litter registration fee. All
30 persons selling dogs or cats or keeping registries of dogs or
31 cats shall cooperate and provide information to the
32 Administrator as required by Board ordinance, including
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1 sales, number of litters, and ownership of dogs and cats.
2 The microchip number shall serve as the county animal control
3 registration number. All microchips shall have an operating
4 frequency of 125 kilohertz.
5 In obtaining information required to implement this Act,
6 the Department shall have power to subpoena and bring before
7 it any person in this State and to take testimony either
8 orally or by deposition, or both, with the same fees and
9 mileage and in the same manner as prescribed by law for civil
10 cases in courts of this State.
11 The Director, and any member of the Board shall each have
12 power to administer oaths to witnesses at any hearing which
13 the Department is authorized by law to conduct, and any other
14 oaths required or authorized in any Act administered by the
15 Department.
16 This Section does not apply to feral cats.
17 (Source: P.A. 87-157.)
18 (510 ILCS 5/5) (from Ch. 8, par. 355)
19 Sec. 5. Duties and powers.
20 (a) It shall be the duty of the Administrator or the
21 Deputy Administrator, through sterilization, humane
22 education, rabies inoculation, stray control, impoundment,
23 quarantine, and any other means deemed necessary, to control
24 and prevent the spread of rabies in his county and to
25 exercise dog and cat overpopulation control. It shall also
26 be the duty of the Administrator to investigate and
27 substantiate all claims made under Section 19 of this Act.
28 (b) Counties may by ordinance determine the extent of
29 the police powers that may be exercised by the Administrator,
30 Deputy Administrators, and Animal Control Wardens, which
31 powers shall pertain only to this Act. The Administrator,
32 Deputy Administrators, and Animal Control Wardens may issue
33 and serve citations and orders for violations of this Act.
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1 The Administrator, Deputy Administrators, and Animal Control
2 Wardens may not carry weapons unless they have been
3 specifically authorized to carry weapons by county ordinance.
4 Animal Control Wardens, however, may use tranquilizer guns
5 and other nonlethal weapons and equipment without specific
6 weapons authorization.
7 A person authorized to carry firearms by county ordinance
8 under this subsection must have completed the training course
9 for peace officers prescribed in the Peace Officer Firearm
10 Training Act. The cost of this training shall be paid by the
11 county.
12 (c) The sheriff and all sheriff's deputies and municipal
13 police officers shall cooperate with the Administrator and
14 his or her representatives in carrying out the provisions of
15 this Act.
16 (Source: P.A. 90-385, eff. 8-15-97.)
17 (510 ILCS 5/7.1) (from Ch. 8, par. 357.1)
18 Sec. 7.1. In addition to any other fees provided for
19 under this Act, any county may charge a reasonable fee for
20 the pickup and disposal of dead animals from private
21 for-profit animal hospitals. This fee shall be sufficient to
22 cover the costs of pickup and delivery and shall be deposited
23 in the county's animal control general fund.
24 (Source: P.A. 80-972.)
25 (510 ILCS 5/8) (from Ch. 8, par. 358)
26 Sec. 8. Every owner of a dog 4 months or more of age not
27 confined at all times to an enclosed area, shall have each
28 dog cause such dog to be inoculated against rabies by a
29 licensed veterinarian and microchipped at such intervals as
30 may hereafter be established by regulations pursuant to this
31 Act. Every dog shall have a second rabies vaccination within
32 one year of the first. Terms of subsequent vaccine
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1 administration and duration of immunity must be in compliance
2 with USDA licenses of vaccines used. Evidence of such rabies
3 inoculation shall be entered on a certificate the form of
4 which shall be approved by the Board and which shall be
5 signed by the licensed veterinarian administering the
6 vaccine. Veterinarians who inoculate a dog shall procure
7 from the County Animal Control serially numbered tags, one to
8 be issued with each inoculation certificate. Only one dog
9 shall be included on each certificate. The veterinarian
10 immunizing or microchipping an animal shall provide the
11 Administrator with a certificate of immunization and
12 microchip number. The Board shall cause a rabies inoculation
13 tag to be issued, at a fee established by the Board for each
14 dog inoculated against rabies.
15 Rabies vaccine for use on animals shall be sold or
16 distributed only to and used only by licensed veterinarians.
17 Such rabies vaccine shall be licensed by the United States
18 Department of Agriculture and approved by the Department.
19 (Source: P.A. 78-1166.)
20 (510 ILCS 5/9) (from Ch. 8, par. 359)
21 Sec. 9.
22 Any dog found running at large contrary to provisions of
23 this Act may shall be apprehended and impounded. For this
24 purpose, the Administrator shall utilize any existing or
25 available animal control facility public pound.
26 (Source: P.A. 78-795.)
27 (510 ILCS 5/10) (from Ch. 8, par. 360)
28 Sec. 10. When dogs or cats are apprehended and impounded
29 by the Administrator, they must be scanned for the presence
30 of a microchip. The Administrator shall make every
31 reasonable attempt to contact the owner as soon as possible.
32 The Administrator he shall give notice of not less than 10 7
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1 days to the owner prior to disposal of the animal, if known.
2 Such notice shall be mailed to the last known address of the
3 owner. An affidavit or Testimony of the Administrator, or his
4 or her authorized agent, who mails such notice shall be prima
5 facie evidence of the receipt of such notice by the owner of
6 the animal such dog. In case the owner of any impounded dog
7 or cat desires to make redemption thereof, he or she may do
8 so on the following conditions:
9 a. present proof of current rabies inoculation, and
10 registration, if applicable, or
11 b. pay for the rabies inoculation of the dog or cat, and
12 registration, if applicable, and
13 c. pay the pound for the board of the dog or cat for the
14 period it was impounded, and
15 d. pay into the Animal Control Fund an additional
16 impoundment fee as prescribed by the Board as a penalty for
17 the first offense and for each subsequent offense; and.
18 e. pay for microchipping and registration if not already
19 done.
20 This shall be in addition to any other penalties invoked
21 under this Act.
22 (Source: P.A. 83-711.)
23 (510 ILCS 5/11) (from Ch. 8, par. 361)
24 Sec. 11. When not redeemed by the owner, a dog or cat
25 that has been impounded for failure to be inoculated and
26 registered, if applicable, in accordance with the provisions
27 of this Act or a cat that has been impounded shall be
28 humanely dispatched pursuant to the Humane Euthanasia in
29 Animal Shelters Act or offered for adoption. An animal pound
30 or animal shelter shall not release any dog or cat when not
31 redeemed by the owner unless the animal has been surgically
32 rendered incapable of reproduction by spaying or neutering
33 and microchipping, or the person wishing to adopt an animal
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1 prior to the surgical procedures having been performed shall
2 have executed a written agreement promising to have such
3 service performed and microchipping within a specified period
4 of time not to exceed 30 60 days. Failure to fulfill the
5 terms of the agreement shall result in seizure and
6 impoundment of the animal by the animal pound or shelter, and
7 any monies which have been deposited shall be forfeited.
8 This Act shall not prevent humane societies from engaging in
9 activities set forth by their charters; provided, they are
10 not inconsistent with provisions of this Act and other
11 existing laws. No animal shelter or animal control facility
12 shall release dogs or cats to an individual representing a
13 rescue group unless the group has been licensed by the
14 Illinois Department of Agriculture or incorporated as a
15 not-for-profit organization. The Department may suspend or
16 revoke the license of any animal shelter or animal control
17 facility that fails to comply with the requirements set forth
18 in this Section Any person purchasing or adopting such dog,
19 with or without charge or donation, must pay for the rabies
20 inoculation of such dog and registration if applicable.
21 (Source: P.A. 92-449, eff. 1-1-02.)
22 (510 ILCS 5/12) (from Ch. 8, par. 362)
23 Sec. 12. The owner of any dog or other animal which
24 exhibits clinical signs of rabies, whether or not the such
25 dog or other animal has been inoculated against rabies, shall
26 immediately notify the Administrator or, if the Administrator
27 is not a veterinarian, the Deputy Administrator, and shall
28 promptly confine the such dog or other animal, or have it
29 confined, under suitable observation, for a period of at
30 least 10 days, unless officially authorized by the
31 Administrator or, if the Administrator is not a veterinarian,
32 the Deputy Administrator, in writing, to release it sooner.
33 Any dog or other animal that has had in direct contact with
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1 the such dog or other animal and that, whether or not the
2 exposed dog or other animal has not been inoculated against
3 rabies, shall be confined as recommended by the Administrator
4 or, if the Administrator is not a veterinarian, the Deputy
5 Administrator.
6 (Source: P.A. 78-795.)
7 (510 ILCS 5/13) (from Ch. 8, par. 363)
8 Sec. 13. Dog or other animal bites; observation of
9 animal.
10 (a) Except as otherwise provided in subsection (b) of
11 this Section, when the Administrator or, if the Administrator
12 is not a veterinarian, the Deputy Administrator receives
13 information that any person has been bitten by an a dog or
14 other animal, the Administrator or, if the Administrator is
15 not a veterinarian, the Deputy Administrator, or his or her
16 authorized representative, shall have such dog or other
17 animal confined under the observation of a licensed
18 veterinarian for a period of 10 days. The Department may, by
19 regulation, permit such confinement to be reduced to a period
20 of less than 10 days. A Such veterinarian shall report the
21 clinical condition of the dog or other animal immediately,
22 with confirmation in writing to the Administrator or, if the
23 Administrator is not a veterinarian, the Deputy Administrator
24 within 24 hours after the dog or other animal is presented
25 for examination, giving the owner's name, address, the date
26 of confinement, the breed, description, age, and sex of the
27 such dog or other animal, and whether the animal has been
28 spayed or neutered, on appropriate forms approved by the
29 Department. The Administrator or, if the Administrator is
30 not a veterinarian, the Deputy Administrator shall notify the
31 attending physician or responsible health agency. At the end
32 of the confinement period, the veterinarian shall submit a
33 written report to the Administrator or, if the Administrator
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1 is not a veterinarian, the Deputy Administrator advising him
2 or her of the final disposition of the such dog or other
3 animal on appropriate forms approved by the Department. When
4 evidence is presented that the such dog or other animal was
5 inoculated against rabies within the time prescribed by law,
6 it shall may be confined in a the house of its owner, or in a
7 manner which will prohibit it from biting any person for a
8 period of 10 days, if the Administrator, a licensed
9 veterinarian or other licensed veterinarian, adjudges such
10 confinement satisfactory. The Department may, by regulation,
11 permit such confinement to be reduced to a period of less
12 than 10 days. At the end of the confinement period, the such
13 dog or other animal shall be examined by a the Administrator,
14 or another licensed veterinarian.
15 It is unlawful for Any person having knowledge that any
16 person has been bitten by an a dog or other animal should to
17 refuse to notify the Administrator or, if the Administrator
18 is not a veterinarian, the Deputy Administrator promptly. It
19 is unlawful for the owner of the such dog or other animal to
20 euthanize, sell, give away, or otherwise dispose of any such
21 dog or other animal known to have bitten a person, until it
22 is released by the Administrator or, if the Administrator is
23 not a veterinarian, the Deputy Administrator, or his or her
24 authorized representative. It is unlawful for the owner of
25 the such dog or other animal to refuse or fail to comply with
26 the reasonable written or printed instructions made by the
27 Administrator or, if the Administrator is not a veterinarian,
28 the Deputy Administrator, or his authorized representative.
29 If such instructions cannot be delivered in person, they
30 shall be mailed to the owner of the such dog or other animal
31 by regular mail, postage prepaid. The affidavit or testimony
32 of the Administrator, or his authorized representative,
33 delivering or mailing such instructions is prima facie
34 evidence that the owner of such dog or other animal was
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1 notified of his responsibilities. Any expense incurred in
2 the handling of an any dog or other animal under this Section
3 and Section 12 shall be borne by the owner.
4 (b) When a person has been bitten by a police dog, the
5 police dog may continue to perform its duties for the peace
6 officer or law enforcement agency and any period of
7 observation of the police dog may be under the supervision of
8 a peace officer. The supervision shall consist of the dog
9 being locked in a kennel, performing its official duties in a
10 police vehicle, or remaining under the constant supervision
11 of its police handler.
12 (c) For the purpose of this Section:
13 "Immediately" means by telephone, in person, or by other
14 than use of the mail.
15 "Law enforcement agency" means an agency of the State or
16 a unit of local government that is vested by law or ordinance
17 with the duty to maintain public order and to enforce
18 criminal laws or ordinances.
19 "Peace officer" has the meaning ascribed to it in Section
20 2-13 of the Criminal Code of 1961.
21 "Police dog" means a dog trained to assist peace officers
22 in their law enforcement duties.
23 (Source: P.A. 89-576, eff. 1-1-97.)
24 (510 ILCS 5/15) (from Ch. 8, par. 365)
25 Sec. 15. (a) In order to have a dog deemed "vicious", the
26 Administrator, Deputy Administrator, animal control warden,
27 or law enforcement officer must give notice of the infraction
28 that is the basis of the investigation to the owner, conduct
29 a thorough investigation, interview any witnesses, including
30 the owner, gather any existing medical records, veterinary
31 medical records or behavioral evidence, and make a detailed
32 report recommending a finding that the dog is a vicious dog
33 and give the report to the States Attorney's Office and the
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1 owner. The Administrator, State's Attorney, Director or any
2 citizen of the county in which the dog exists may file a
3 complaint in the circuit court in the name of the People of
4 the State of Illinois to deem a dog to be a vicious dog.
5 Testimony of a certified applied behaviorist, a board
6 certified veterinary behaviorist, or another recognized
7 expert may be relevant to the court's determination of
8 whether the dog's behavior was justified. The petitioner must
9 prove the dog is a vicious dog by clear and convincing
10 evidence. The Administrator shall determine where the animal
11 shall be confined during the pendency of the case.
12 A dog shall not be declared vicious if the court
13 determines the conduct of the dog was justified because:
14 (1) the threat, injury, or death was sustained by a
15 person who at the time was committing a crime or offense
16 upon the owner or custodian of the dog, or upon the
17 property of the owner or custodian of the dog;
18 (2) the injured, threatened, or killed person was
19 tormenting, abusing, assaulting, or physically
20 threatening the dog or its offspring, or has in the past
21 tormented, abused, assaulted, or physically threatened
22 the dog or its offspring; or
23 (3) the dog was responding to pain or injury, or was
24 protecting itself, its owner, custodian, or member of its
25 household, kennel, or offspring. For purposes of this
26 Section:
27 (1) "Vicious dog" means
28 (i) Any individual dog that when unprovoked
29 inflicts bites or attacks a human being or other
30 animal either on public or private property.
31 (ii) Any individual dog with a known
32 propensity, tendency or disposition to attack
33 without provocation, to cause injury or to otherwise
34 endanger the safety of human beings or domestic
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1 animals.
2 (iii) Any individual dog that has as a trait or
3 characteristic and a generally known reputation for
4 viciousness, dangerousness or unprovoked attacks
5 upon human beings or other animals, unless handled
6 in a particular manner or with special equipment.
7 (iv) Any individual dog which attacks a human
8 being or domestic animal without provocation.
9 (v) Any individual dog which has been found to
10 be a "dangerous dog" upon 3 separate occasions.
11 No dog shall be deemed "vicious" if it bites, attacks, or
12 menaces a trespasser on the property of its owner or harms or
13 menaces anyone who has tormented or abused it or is a
14 professionally trained dog for law enforcement or guard
15 duties. Vicious dogs shall not be classified in a manner
16 that is specific as to breed.
17 If the burden of proof has been met, the court shall deem
18 the dog to be a vicious dog.
19 If a dog is found to be a vicious dog, the dog shall be
20 spayed or neutered within 10 days of the finding at the
21 expense of its owner and microchipped, if not already, and is
22 subject to enclosure. A dog found to be a vicious dog shall
23 not be released to the owner until the Administrator, an
24 Animal Control Warden, or the Director approves the
25 enclosure. No owner or keeper of a vicious dog shall sell or
26 give away the dog without court approval. Whenever an owner
27 of a vicious dog relocates, he or she shall notify both the
28 Administrator of County Animal Control where he or she has
29 relocated and the Administrator of County Animal Control
30 where he or she formerly resided.
31 (2) "Dangerous dog" or "dangerous animal" means any
32 individual dog or animal which when either unmuzzled,
33 unleashed, or unattended by its owner, or a member of its
34 owner's family, in a vicious or terrorizing manner,
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1 approaches any person in an apparent attitude of attack
2 upon streets, sidewalks, or any public grounds or places.
3 (3) "Enclosure" means a fence or structure of at
4 least 6 feet in height, forming or causing an enclosure
5 suitable to prevent the entry of young children, and
6 suitable to confine a vicious dog in conjunction with
7 other measures which may be taken by the owner or keeper,
8 such as tethering of a vicious dog within the enclosure.
9 Such enclosure shall be securely enclosed and locked and
10 designed with secure sides, top and bottom and shall be
11 designed to prevent the animal from escaping from the
12 enclosure.
13 (4) "Impounded" means taken into the custody of the
14 public pound in the city or town where the vicious dog is
15 found.
16 (5) "Found to be vicious dog" means (i) that the
17 Administrator, an Animal Control Warden, or a law
18 enforcement officer has conducted an investigation and
19 made a finding in writing that the dog is a vicious dog
20 as defined in paragraph (1) of subsection (a) and, based
21 on that finding, the Administrator, an Animal Control
22 Warden, or the Director has declared in writing that the
23 dog is a vicious dog or (ii) that the circuit court has
24 found the dog to be a vicious dog as defined in paragraph
25 (1) of subsection (a) and has entered an order based on
26 that finding.
27 (b) It shall be unlawful for any person to keep or
28 maintain any dog which has been found to be a vicious dog
29 unless the such dog is at all times kept in an enclosure.
30 The only times that a vicious dog may be allowed out of the
31 enclosure are (1) if it is necessary for the owner or keeper
32 to obtain veterinary care for the dog, (2) in the case of an
33 emergency or natural disaster where the dog's life is
34 threatened, or (3) or (2) to comply with the order of a court
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1 of competent jurisdiction, provided that the dog is securely
2 muzzled and restrained with a leash chain having a tensile
3 strength of 300 pounds and not exceeding 6 3 feet in length,
4 and shall be under the direct control and supervision of the
5 owner or keeper of the dog or muzzled in its residence.
6 Any dog which has been found to be a vicious dog and
7 which is not confined to an enclosure shall be impounded by
8 the Administrator, an Animal Control Warden, or the law
9 enforcement authority having jurisdiction in such area. and
10 shall be turned over to a licensed veterinarian for
11 destruction by lethal injection.
12 If the owner of the dog has not appealed the impoundment
13 order to the circuit court in the county in which the animal
14 was impounded within 15 7 working days, the dog may be
15 euthanized humanely dispatched. A dog found to be a vicious
16 dog shall not be released to the owner until the
17 Administrator, an Animal Control Warden, or the Director
18 approves the enclosure as defined in this Section.
19 No owner or keeper of a vicious dog shall sell or give
20 away the dog.
21 Upon filing a notice of appeal, the order of euthanasia
22 shall be automatically stayed pending the outcome of the
23 appeal. The owner shall bear the burden of timely
24 notification to animal control in writing.
25 (c) It is unlawful for any person to maintain a public
26 nuisance by permitting any dangerous dog or other animal to
27 leave the premises of its owner when not under control by
28 leash or other recognized control methods.
29 Guide dogs for the blind or hearing impaired, support
30 dogs for the physically handicapped, and sentry, guard, or
31 police-owned dogs are exempt from this Section; provided, an
32 attack or injury to a person occurs while the dog is
33 performing duties as expected. To qualify for exemption
34 under this Section, each such dog shall be currently
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1 inoculated against rabies in accordance with Section 8 of
2 this Act. It shall be the duty of the owner of such exempted
3 dog to notify the Administrator of changes of address. In
4 the case of a sentry or guard dog, the owner shall keep the
5 Administrator advised of the location where such dog will be
6 stationed. The Administrator shall provide police and fire
7 departments with a categorized list of such exempted dogs,
8 and shall promptly notify such departments of any address
9 changes reported to him.
10 The Administrator, the State's Attorney, or any citizen
11 of the county in which a dangerous dog or other animal exists
12 may file a complaint in the name of the People of the State
13 of Illinois to enjoin all persons from maintaining or
14 permitting such, to abate the same, and to enjoin the owner
15 of such dog or other animal from permitting same to leave his
16 or her premises when not under control by leash or other
17 recognized control methods.
18 Upon the filing of a complaint in the circuit court, The
19 court, if satisfied that this nuisance may exist, shall grant
20 a preliminary injunction with bond in such amount as the
21 court may determine enjoining the defendant from maintaining
22 such nuisance. If the existence of the nuisance is
23 established, the owner of such dog or other animal shall be
24 in violation of this Act, and in addition, the court shall
25 enter an order restraining the owner from maintaining such
26 nuisance and shall may order that the such dog or other
27 animal be humanely dispatched.
28 (Source: P.A. 86-1460; 87-456.)
29 (510 ILCS 5/15.1 new)
30 Sec. 15.1. Dangerous dog determination.
31 (a) After a thorough investigation including: sending,
32 within 3 days of the Administrator or Director becoming aware
33 of the alleged infration, notifications to the owner of the
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1 alleged infractions, the fact of the initiation of an
2 investigation, and affording the owner an opportunity to meet
3 with the Administrator or Director prior to the making of a
4 determination; gathering of any medical or veterinary
5 evidence; interviewing witnesses; and making a detailed
6 written report, an animal control warden, deputy
7 administrator, or law enforcement agent may ask the
8 Administrator, or his or her designee, or the Director, to
9 deem a dog to be "dangerous". No dog shall be deemed a
10 "dangerous dog" without clear and convincing evidence. The
11 owner shall be sent immediate notification of the
12 determination by registered or certified mail that includes a
13 complete description of the appeal process.
14 (b) A dog shall not be declared dangerous if the
15 Administrator, or his or her designee, or the Director
16 determines the conduct of the dog was justified because:
17 (1) the threat was sustained by a person who at
18 the time was committing a crime or offense upon the
19 owner or custodian of the dog;
20 (2) the threatened person was tormenting,
21 abusing, assaulting, or physically threatening the
22 dog or its offspring;
23 (3) the injured, threatened, or killed
24 companion animal was attacking or threatening to
25 attack the dog or its offspring; or
26 (4) the dog was responding to pain or injury or
27 was protecting itself, its owner, custodian, or a
28 member of its household, kennel, or offspring.
29 (c) Testimony of a certified applied behaviorist, a
30 board certified veterinary behaviorist, or another recognized
31 expert may be relevant to the determination of whether the
32 dog's behavior was justified pursuant to the provisions of
33 this Section.
34 (d) If deemed dangerous, the Administrator, or his or
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1 her designee, or the Director shall order the dog to be
2 spayed or neutered within 14 days at the owner's expense and
3 microchipped, if not already, and one or more of the
4 following as deemed appropriate under the circumstances and
5 necessary for the protection of the public:
6 (1) evaluation of the dog by a certified applied
7 behaviorist, a board certified veterinary behaviorist, or
8 another recognized expert in the field and completion of
9 training or other treatment as deemed appropriate by the
10 expert. The owner of the dog shall be responsible for all
11 costs associated with evaluations and training ordered
12 under this subsection; or
13 (2) direct supervision by an adult 18 years of age
14 or older whenever the animal is on public premises
15 (e) The Administrator may order a dangerous dog to be
16 muzzled whenever it is on public premises in a manner that
17 will prevent it from biting any person or animal, but that
18 shall not injure the dog or interfere with its vision or
19 respiration.
20 (f) Guide dogs for the blind or hearing impaired,
21 support dogs for the physically handicapped, and sentry,
22 guard, or police-owned dogs are exempt from this Section;
23 provided, an attack or injury to a person occurs while the
24 dog is performing duties as expected. To qualify for
25 exemption under this Section, each such dog shall be
26 currently inoculated against rabies in accordance with
27 Section 8 of this Act and performing duties as expected. It
28 shall be the duty of the owner of the exempted dog to notify
29 the Administrator of changes of address. In the case of a
30 sentry or guard dog, the owner shall keep the Administrator
31 advised of the location where such dog will be stationed.
32 The Administrator shall provide police and fire departments
33 with a categorized list of the exempted dogs, and shall
34 promptly notify the departments of any address changes
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1 reported to him or her.
2 (510 ILCS 5/15.2 new)
3 Sec. 15.2. Dangerous dogs; leash. It is unlawful for any
4 person to knowingly or recklessly permit any dangerous dog to
5 leave the premises of its owner when not under control by
6 leash or other recognized control methods.
7 (510 ILCS 5/15.3 new)
8 Sec. 15.3. Dangerous dog; appeal.
9 (a) The owner of a dog found to be a dangerous dog
10 pursuant to this Act by an Administrator may file a complaint
11 against the Administrator in the circuit court within 35 days
12 of receipt of notification of the determination, for a de
13 novo hearing on the determination. The proceeding shall be
14 conducted as a civil hearing pursuant to the Illinois Rules
15 of Evidence and the Code of Civil Procedure, including the
16 discovery provisions. After hearing both parties' evidence,
17 the court may make a determination of dangerous dog if the
18 Administrator meets his or her burden of proof of clear and
19 convincing evidence. The final order of the circuit court may
20 be appealed pursuant to the civil appeals provisions of the
21 Illinois Supreme Court Rules.
22 (b) The owner of a dog found to be a dangerous dog
23 pursuant to this Act by the Director may, within 14 days of
24 receipt of notification of the determination, request an
25 administrative hearing to appeal the determination. The
26 administrative hearing shall be conducted pursuant to the
27 Department of Agriculture's rules applicable to formal
28 administrative proceedings, 8 Ill. Adm. Code Part 1, SubParts
29 A and B. An owner desiring a hearing shall make his or her
30 request for a hearing to the Illinois Department of
31 Agriculture. The final administrative decision of the
32 Department may be reviewed judicially by the circuit court of
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1 the county wherein the person resides or, in the case of a
2 corporation, the county where its registered office is
3 located. If the plaintiff in a review proceeding is not a
4 resident of Illinois, the venue shall be in Sangamon County.
5 The Administrative Review Law and all amendments and
6 modifications thereof, and the rules adopted thereto, apply
7 to and govern all proceedings for the judicial review of
8 final administrative decisions of the Department hereunder.
9 (c) Until the order has been reviewed and at all times
10 during the appeal process, the owner shall comply with the
11 requirements set forth by the Administrator, the court, or
12 the Director.
13 (d) At any time after a final order has been entered,
14 the owner may petition the circuit court to reverse the
15 designation of dangerous dog.
16 (510 ILCS 5/17) (from Ch. 8, par. 367)
17 Sec. 17. For the purpose of carrying out the provisions
18 of this Act and making inspections hereunder, the
19 Administrator, or his or her authorized representative, or
20 any law enforcement officer of the law may enter upon private
21 premises, provided that the entry shall not be made into any
22 building that is a person's residence, to apprehend a
23 straying dog or other animal, a dangerous or vicious dog or
24 other animal, or an a dog or other animal thought to be
25 infected with rabies. If, after request therefor, the owner
26 of the such dog or other animal shall refuse to deliver the
27 dog or other animal to the officer, the owner shall be in
28 violation of this Act.
29 (Source: P.A. 78-795.)
30 (510 ILCS 5/18) (from Ch. 8, par. 368)
31 Sec. 18. Any owner seeing his or her livestock, poultry,
32 or equidae sheep, goats, cattle, horses, mules, swine,
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1 ratites, or poultry being injured, wounded, or killed by a
2 dog, not accompanied by or not under the supervision of its
3 owner, may stop the attack by any reasonable means. The
4 owner may not kill the dog unless there is conclusive
5 evidence that his or her animals suffered severe physical
6 injury or death because of the dog pursue and kill such dog.
7 (Source: P.A. 88-600, eff. 9-1-94.)
8 (510 ILCS 5/19) (from Ch. 8, par. 369)
9 Sec. 19. Any owner having livestock, poultry, or equidae
10 sheep, goats, cattle, horses, mules, swine, or poultry killed
11 or injured by a dog shall, according to the provisions of
12 this Act and upon filing claim and making proper proof, be
13 entitled to receive reimbursement for such losses from the
14 Animal Control Fund; provided, he or she is a resident of
15 this State and such injury or killing is reported to the
16 Administrator within 24 hours after such injury or killing
17 occurs, and he or she shall have appeared before a member of
18 the County Board of the county in which such killing or
19 injury occurred and makes affidavit stating the number of
20 such animals or poultry killed or injured, the amount of
21 damages and the owner of the dog causing such killing or
22 injury, if known. Members of the County Board are authorized
23 to administer oaths in such cases.
24 The damages referred to in this Section shall be
25 substantiated by the Administrator through prompt
26 investigation and by not less than 2 witnesses who shall be
27 owners or life tenants of real property in the county. The
28 Administrator member of the Board shall determine whether the
29 provisions of this Section have been met and shall keep a
30 record in each case of the names of the owners of the animals
31 or poultry, the amount of damages proven, and the number of
32 animals or poultry killed or injured.
33 The Administrator member of the Board shall file a
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1 written report with the County Treasurer as to the right of
2 an owner of livestock, poultry, or equidae sheep, goats,
3 cattle, horses, mules, swine, or poultry to be paid out of
4 the Animal Control Fund, and the amount of such damages
5 claimed.
6 The County Treasurer shall, on the first Monday in March
7 of each calendar year, pay to the owner of the animals or
8 poultry the amount of damages to which he or she is entitled.
9 The county board, by ordinance, shall establish a schedule
10 for damages reflecting the current market value. Unless the
11 county board, by ordinance, establishes a schedule for
12 damages reflecting the reasonable market value; the damages
13 allowed for grade animals or poultry shall not exceed the
14 following amounts:
15 a. For goats killed or injured, $30 per head.
16 b. For cattle killed or injured, $300 per head.
17 c. For horses or mules killed or injured, $200 per head.
18 d. For swine killed or injured, $50 per head.
19 e. For turkeys killed or injured, $5 per head.
20 f. For sheep killed or injured, $30 per head.
21 g. For all poultry, other than turkeys, $1 per head.
22 The maximum amounts hereinabove set forth may be increased
23 50% for animals for which the owner can present a certificate
24 of registry of the appropriate breed association or
25 organization. However, if there is not sufficient money in
26 the portion of the fund set aside as stated in Section 7 to
27 pay all claims for damages in full, then the County Treasurer
28 shall pay to such owner of animals or poultry his pro rata
29 share of the money available.
30 If there are funds in excess of amounts paid for such
31 claims for damage in that portion of the Animal Control Fund
32 set aside for this purpose, this excess shall be used for
33 other costs of the program as set forth in this Act.
34 (Source: P.A. 84-551.)
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1 (510 ILCS 5/22) (from Ch. 8, par. 372)
2 Sec. 22. The Department shall have general supervision
3 of the administration of this Act and may make reasonable
4 rules and regulations, not inconsistent with this Act, for
5 the enforcement of this Act and for the guidance of
6 Administrators, including revoking a license issued under the
7 Animal Welfare Act for noncompliance with any provision of
8 this Act.
9 (Source: P.A. 78-795.)
10 (510 ILCS 5/24) (from Ch. 8, par. 374)
11 Sec. 24. Nothing in this Act shall be held to limit in
12 any manner the power of any municipality or other political
13 subdivision to prohibit animals from running at large, nor
14 shall anything in this Act be construed to, in any manner,
15 limit the power of any municipality or other political
16 subdivision to further control and regulate dogs, cats or
17 other animals in such municipality or other political
18 subdivision provided that no regulation or ordinance is
19 specific to breed including a requirement of inoculation
20 against rabies.
21 (Source: P.A. 82-783.)
22 (510 ILCS 5/26) (from Ch. 8, par. 376)
23 Sec. 26. (a) Any person violating or aiding in or
24 abetting the violation of any provision of this Act, or
25 counterfeiting or forging any certificate, permit, or tag, or
26 making any misrepresentation in regard to any matter
27 prescribed by this Act, or resisting, obstructing, or
28 impeding the Administrator or any authorized officer in
29 enforcing this Act, or refusing to produce for inoculation
30 any dog in his possession not confined at all times to an
31 enclosed area, or who removes a tag from a dog for purposes
32 of destroying or concealing its identity, is guilty of a
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1 Class C misdemeanor petty offense for a first or second
2 offense and shall be fined not less than $25 nor more than
3 $200, and for a third and subsequent offense, is guilty of a
4 Class B C misdemeanor.
5 Each day a person fails to comply constitutes a separate
6 offense. Each State's Attorney to whom the Administrator
7 reports any violation of this Act shall cause appropriate
8 proceedings to be instituted in the proper courts without
9 delay and to be prosecuted in the manner provided by law.
10 (b) If the owner of a vicious dog subject to enclosure:
11 (1) fails to maintain or keep the dog in an
12 enclosure or fails to spay or neuter the dog; and
13 (2) the dog inflicts serious physical injury great
14 bodily harm, permanent disfigurement, permanent physical
15 disability upon any other person or causes the death of
16 another person; and
17 (3) the attack is unprovoked in a place where such
18 person is peaceably conducting himself or herself and
19 where such person may lawfully be;
20 the owner shall be guilty of a Class 4 felony A misdemeanor,
21 unless the owner knowingly allowed the dog to run at large or
22 failed to take steps to keep the dog in an enclosure then the
23 owner shall be guilty of a Class 3 4 felony. The penalty
24 provided in this paragraph shall be in addition to any other
25 criminal or civil sanction provided by law.
26 (c) If the owner of a dangerous dog knowingly fails to
27 comply with any order of the court regarding the dog and the
28 dog inflicts serious physical injury on a person or a
29 companion animal, the owner shall be guilty of a Class A
30 misdemeanor. If the owner of a dangerous dog knowingly fails
31 to comply with any order regarding the dog and the dog kills
32 a person the owner shall be guilty of a Class 4 felony.
33 (Source: P.A. 87-456.)
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1 (510 ILCS 5/16 rep.)
2 Section 15. The Animal Control Act is amended by
3 repealing Section 16.
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.".