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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4367
Introduced 1/4/2006, by Rep. William B. Black SYNOPSIS AS INTRODUCED: |
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Creates the Vicious Dog Attack Victim Relief Fund Act. Provides that the Department shall establish the Vicious Dog Attack Victim Relief Fund Program to reimburse victims and their families for medical bills, lost wages, and other damages resulting from serious physical injuries caused by a vicious dog attack. Sets forth certain conditions for the operation of the Program and the Vicious Dog Attack Victim Relief Fund. Amends the State Finance Act to create the Vicious Dog Attack Victim Relief Fund as a special fund in the State treasury. Amends the Animal Control Act. Provides that "dangerous" and "vicious" designations apply to all animals (now, only dogs may be deemed "dangerous" or "vicious"). Provides that an "owner" includes a person who knowingly permits an animal to remain on or about any premises occupied by that person. Provides that County Boards shall impose an individual dog registration fee and may impose an individual cat and ferret registration fee (now, shall impose animal and litter registration fee). Requires every owner of a dog, cat, or ferret 4 months or more of age to have that dog, cat, or ferret inoculated against rabies. Provides that any companion animal, which includes, but is not limited to, dogs, cats, ferrets, and horses, found running at large may be apprehended and impounded (now, limited to dogs). Requires the owner of a biting animal to remit to the Department of Public Health a $25 public safety fine within 30 days after notice for deposit into the Vicious Dog Attack Victim Relief Fund. Authorizes an administrative hearing officer to make a "vicious animal" determination. Provides that if an owned animal is found to be a "vicious animal", the owner shall be guilty of a Class 4 felony, pay a $500 fine to be deposited in the Animal Control Fund, and the court of administrative hearing officer shall order the animal subject to enclosure or euthanized. Requires any animal designated as "dangerous" to be under physical control by an adult 18 years of age or older whenever the animal is off of the premises of its owner. Requires owners of dangerous animals that relocate to notify both the Administrator of the County Animal Control where he or she has relocated to and the Administrator of the County Animal Control where he or she formerly resided. Requires all animal control facilities in the State to report certain information. Provides that if the owner of a dangerous animal knowingly fails to comply with any order regarding the animal and the animal inflicts physical injury or serious physical injury on a person or companion animal, the owner shall be guilty of a Class 4 felony. Provides that if the owner of a dangerous animal fails to comply with any order regarding the animal and the animal kills a person or contributes to the death of a person the owner shall be guilty of a Class 3 felony. Makes other changes. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY |
FISCAL NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB4367 |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the |
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| Vicious Dog Attack Victim Relief Fund Act. |
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| Section 5. Definitions. As used in this Act: |
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| "Director" means the Director of Public Health. |
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| "Department" means the Department of Public Health. |
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| "Fund" means the Vicious Dog Attack Victim Relief Fund |
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| established by this Act. |
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| "Serious physical injury" means a physical injury that |
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| creates a substantial risk of death or that results in death, |
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| serious disfigurement, protracted impairment of health, |
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| impairment of the function of any boily organ, or plastic |
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| surgery. |
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| "Vicious Dog" means a dog that attacks a person and causes |
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| serious physical injury or contributes to the death of a |
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| person. |
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| Section 10. Vicious Dog Attack Victim Relief Program. The |
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| Department shall establish the Vicious Dog Attack Victim Relief |
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| Program. The purpose of this Program shall be to reimburse |
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| victims and their families for medical bills, lost wages, and |
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| other damages resulting from serious physical injuries caused |
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| by a vicious dog attack. The Program shall begin collecting |
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| funds as of the effective date of this amendatory Act and shall |
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| begin distributions on and after January 1, 2007. |
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| Section 15. Eligibility. A resident of this State who |
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| suffers a serious physical injury from a vicious dog attack or |
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| the dependent child or children of the victim are eligible for |
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| Program distributions. |
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| Section 20. Distributions. The Director shall reimburse, |
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| the the extent that funds are available, eligible persons a one |
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| time sum to supplement and offset any medical costs and lost |
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| wages directly resulting from the vicious dog attack. To |
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| receive this reimbursement, the eligible person must submit an |
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| application to the Department. |
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| Section 25. Rulemaking. The Director shall adopt rules for |
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| the administration of this Act. Those rules shall include |
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| requirements relative to: |
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| (1) the format and content of all forms required under |
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| this Act; |
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| (2) proof of eligibility; |
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| (3) administration of the Fund; |
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| (4) a percentage of Fund moneys dedicated to education |
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| of the public concerning responsible pet ownership; |
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| (5) a method of notifying victims of vicious dog |
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| attacks of their possible eligibility for Fund |
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| distributions; and |
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| (6) any other matter reasonable necessary for the |
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| administration of this Act. |
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| Section 30. Enforcement; administrative fine. Any person |
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| who knowingly falsifies proof of eligibility for or |
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| participation in any program under this Act, knowingly |
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| furnishes the Department with inaccurate information |
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| concerning the ownership of a dog declared vicious, or violates |
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| any provision of this Act may be subject to an administrative |
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| fine not to exceed $5000 for each violation. |
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| Section 35. Vicious Dog Attack Victim Relief Fund. The |
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| Vicious Dog Attack Victim Relief Fund is established as a |
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| special fund in the State treasury. Moneys generated from |
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| certain public safety fines collected as provided in the Animal |
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| Control Act, gifts, donations, and funds from any other source |
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| given or appropriated to the Department for the purposes of |
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| this Act shall be used by the Department to reimburse the |
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| victims of vicious dog attacks and their dependents pursuant to |
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| the Program established in this Act, to educate the public |
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| about responsible pet ownership, and for reasonable |
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| administrative and personnel costs related to the Fund. |
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| Section 90. The State Finance Act is amended by adding |
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| Section 5.663 as follows: |
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| (30 ILCS 105/5.663 new)
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| Sec. 5.663. The Vicious Dog Attack Victim Relief Fund. |
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| Section 93. The Animal Control Act is amended by changing |
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| Sections 2.04a, 2.05a, 2.11, 2.11a, 2.11b, 2.16, 2.18, 2.19a, |
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| 2.19b, 3, 5, 8, 9, 10, 11, 12, 13, 15, 15.1, 15.2, 15.3, 16.5, |
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| 19, 20, 24, and 26 and by adding Sections 2.01a, 2.02a, 2.02b, |
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| 2.04b, 9.1, 2.15a, and 22.5 as follows: |
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| (510 ILCS 5/2.01a new)
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| Sec. 2.01a. "Administrative hearing officer" means an |
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| individual appointed by the County Board to hear cases |
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| involving vicious animals. The individual appointed shall be a |
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| licensed attorney with experience in judicial proceedings |
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| independent of the County.
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| (510 ILCS 5/2.02a new)
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| Sec. 2.02a. "Animal control" means the Administrator, |
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| Deputy Administrator, Animal Control Wardens, or the law |
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| enforcement authorities charged with the enforcement of this |
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| Act. |
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| (510 ILCS 5/2.02b new)
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| Sec. 2.02b. "Animal control facility" means any facility |
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| operated by or under contract for the State, County, or any |
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| unit of local government for the purpose of impounding or |
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| harboring seized, stray, homeless, abandoned, or unwanted |
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| dogs, cats, and other animals.
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| (510 ILCS 5/2.04b new)
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| Sec. 2.04b. "Companion animal" means an animal that is |
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| commonly considered to be, or is considered by the owner to be, |
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| a pet. "Companion animal" includes, but is not limited to, |
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| canines, felines, ferrets, and equines.
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| (510 ILCS 5/2.05a)
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| Sec. 2.05a. "Dangerous animal
dog " means (i) any individual |
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| animal
dog anywhere other than upon the property of the owner |
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| or custodian of the dog and unmuzzled,
unleashed, or unattended |
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| by its owner or custodian
that behaves in a manner that a |
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| reasonable person would believe poses
a serious and unjustified |
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| imminent threat of serious physical injury or
death to a person |
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| or a companion animal or (ii) an animal that injures a |
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| companion animal, livestock, or equidae
a dog that, without |
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| justification, bites a person and does not cause serious |
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| physical injury .
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| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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| (510 ILCS 5/2.11) (from Ch. 8, par. 352.11)
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| Sec. 2.11.
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| "Dog" means all members of the family
Canis Familiaris
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| Canidae .
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| (Source: P.A. 78-795.)
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| (510 ILCS 5/2.11a)
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| Sec. 2.11a. "Enclosure" means a fence or structure of at
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| least 6 feet in height, forming or causing an enclosure |
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| suitable to
prevent the entry of young children, and suitable |
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| to confine a vicious animal
dog in conjunction with other |
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| measures that may be taken by the owner
or keeper, such as |
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| tethering of the vicious animal
dog within the enclosure.
The |
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| enclosure shall be securely enclosed and locked at all times |
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| and designed with
secure sides, top, and bottom and shall be |
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| designed to prevent the
animal from escaping from the |
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| enclosure. If the enclosure is a room within a
residence, it |
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| cannot have direct ingress from or egress to the outdoors |
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| unless it leads directly to an approved outside enclosure
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| enclosed pen and the door must be locked. A vicious dog
may be |
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| allowed to move about freely within the entire residence if it |
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| is
muzzled at all
times.
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| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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| (510 ILCS 5/2.11b)
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| Sec. 2.11b. "Feral cat" means a cat that exists in a wild |
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| or untamed state, either due to birth or reversion to a wild |
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| state from domestication. The usual and consistent temperament |
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| of a feral cat is extreme fear and resistance to contact with |
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| humans. Feral cats are completely or substantially |
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| unsocialized to humans.
(i) is born in the wild or is the
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| offspring
of
an owned
or feral cat and is not socialized, (ii) |
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| is a formerly owned cat that has
been abandoned
and is no |
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| longer socialized, or (iii) lives on a farm .
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| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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| (510 ILCS 5/2.15a new)
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| Sec. 2.15a. " Livestock" means any equine, bovine, ratites |
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| sheep, goat, swine, llama, alpaca, domestic rabbit, or domestic |
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| fowl.
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| (510 ILCS 5/2.16) (from Ch. 8, par. 352.16)
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| Sec. 2.16. "Owner" means any person having a right of |
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| property in an
animal, or who keeps or harbors an animal, or |
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| who has it
in his
care, or acts as its custodian, or who |
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| knowingly permits an animal
a dog to remain on any premises |
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| occupied by him or her. "Owner" may
does not include a feral |
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| cat caretaker participating in a County Animal Control approved |
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| trap, spay/neuter, return , or release program.
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| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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| (510 ILCS 5/2.19b)
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| Sec. 2.19b. "Vicious animal
dog " means an animal
a dog that |
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| (i) , without justification,
attacks a person and causes |
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| physical injury, serious physical injury ,
or death , (ii) an |
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| animal that, while off its owner's property, kills any |
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| companion animal, livestock, or equidae, or (iii) any |
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| individual animal
dog that has been found to be a "dangerous
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| animal
dog " upon 2 separate
3 separate occasions.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/3) (from Ch. 8, par. 353)
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| Sec. 3. The County Board Chairman
with the consent of the |
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| County Board
shall appoint an Administrator. Appointments |
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| shall be made as
necessary to keep this position filled at all |
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| times. The Administrator
may appoint as many Deputy |
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| Administrators and Animal Control Wardens to
aid him or her as |
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| authorized by the Board. The compensation for the
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| Administrator, Deputy Administrators, and Animal Control |
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| Wardens shall
be fixed by the Board. The Administrator may be |
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| removed from office by
the County Board Chairman, with the |
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| consent of the County Board.
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| The Board shall provide necessary personnel, training, |
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| equipment,
supplies, and
facilities, and shall operate animal |
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| control facilities
pounds or contract for their operation as
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| necessary to effectuate the program. The Board may enter into |
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| contracts
or agreements with persons to assist in the operation |
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| of the program and may establish a county animal population |
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| control program.
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| The Board shall be empowered to utilize monies from their |
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| General
Corporate Fund to effectuate the intent of this Act.
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| The Board is authorized by ordinance to require the |
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| registration of dogs, cats, and ferrets and
may require |
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| microchipping of
dogs ,
and cats , and ferrets .
The Board shall
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| impose an individual dog or cat registration fee and may impose |
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| an individual cat and ferret registration fee with a minimum |
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| differential of $10 for intact dogs or cats. Ten dollars of the |
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| differential shall be placed either in a county animal |
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| population control fund or in the State's Pet Population |
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| Control Fund. If the money is placed in the county animal |
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| population control fund it shall be used to (i) spay, neuter, |
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| or sterilize adopted dogs or cats or (ii) spay or neuter dogs |
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| or cats owned by low income county residents who are eligible |
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| for the Food Stamp Program. All persons
selling dogs ,
or cats , |
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| or ferrets or keeping registries of dogs ,
or cats , or ferrets |
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| shall
cooperate and
provide
information
to the Administrator as |
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| required by Board ordinance, including sales,
number of |
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| litters, and
ownership
of dogs ,
and cats , and ferrets . If |
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| microchips are required, the microchip number may
serve as the |
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| county animal
control registration number.
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| In obtaining information required to implement this Act, |
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| the Department
shall have power to subpoena and bring before it |
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| any person in this State
and to take testimony either orally or |
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| by deposition, or both, with the
same fees and mileage and in |
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| the same manner as prescribed by law for civil
cases in courts |
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| of this State.
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| The Director shall have power to
administer
oaths to |
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| witnesses at any hearing which the Department is authorized by
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| law to conduct, and any other oaths required or authorized in |
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| any Act
administered
by the Department.
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| This Section does not apply to feral cats.
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| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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| (510 ILCS 5/8) (from Ch. 8, par. 358)
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| Sec. 8. Every owner of a dog , cat, or ferret 4 months or |
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| more of age shall have each dog , cat, or ferret
inoculated |
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| against rabies
by a licensed veterinarian. Every dog , cat, or |
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| ferret shall
have a second rabies vaccination within one year |
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| of the first. Terms of
subsequent
vaccine administration and |
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| duration of immunity must be in compliance with USDA
licenses |
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| of vaccines used. Evidence of such rabies
inoculation shall be |
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| entered on a certificate the form of which shall be
approved by |
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| the Board and which shall contain the microchip number of the |
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| animal if it has one and which shall be signed by the licensed
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| veterinarian administering the vaccine. Veterinarians who |
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| inoculate a dog , cat, or ferret
shall procure from the County |
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| Animal
Control in the county where their office is located
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| serially
numbered tags, one to be issued with each inoculation |
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| certificate. Only one dog , cat, or ferret
shall be included on |
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| each certificate. The veterinarian immunizing or
microchipping |
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| an animal
shall
provide the
Administrator of the county in |
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| which the animal resides with a certificate of immunization and |
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| microchip number. The
Board shall cause a rabies
inoculation |
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| tag to be issued, at a fee established by the Board
for each
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| dog , cat, or ferret inoculated against rabies.
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| Rabies vaccine for use on animals shall be sold or |
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| distributed only to
and used only by licensed veterinarians. |
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| Such rabies vaccine shall be
licensed by the United States |
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| Department of Agriculture.
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| This Section does not apply to feral cats.
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| If a licensed veterinarian determines in writing that a |
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| rabies inoculation would compromise an animal's health and if |
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| the Administrator or, if the Administrator is not a |
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| veterinarian, the Deputy Administrator approves , then the |
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| animal may
shall be exempt from the rabies inoculation
shot |
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| requirement ; however , but the owner is
must still be |
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| responsible for the registration of the dog, cat, or ferret if |
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| required by the County Board and the registration fees.
If a |
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| bite occurs, the exempt animal shall be treated as an |
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| unvaccinated animal. An exempt animal must be vaccinated |
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| against rabies as soon as its health permits. |
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| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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| (510 ILCS 5/9) (from Ch. 8, par. 359)
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| Sec. 9. Any companion animal
dog found running at large |
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| contrary to provisions of this Act
may
be apprehended and |
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| impounded. For this purpose, the Administrator shall
utilize |
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| any existing or available animal control facility or licensed |
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| animal shelter. If the companion animal is a dog, the
The dog's |
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| owner shall pay a $25 public safety fine, $20 of which shall be |
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| deposited into the Pet Population Control Fund and $5 of which |
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| shall be retained by the county or municipality. A dog or cat |
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| found running at large contrary to the provisions of this Act a |
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| second or subsequent time must be spayed or neutered within 30 |
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| days after being reclaimed unless already spayed or neutered; |
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| failure to comply shall result in impoundment.
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| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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| (510 ILCS 5/9.1 new)
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| Sec. 9.1. A dog that is actively engaged in a legal hunting |
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| activity, including training, is not considered to be running |
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| at large if the dog is monitored or supervised by a person and |
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| the dog is on land that is open to hunting or on land on which |
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| the person has obtained permission to hunt or to train the dog.
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| (510 ILCS 5/10) (from Ch. 8, par. 360)
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| Sec. 10. Impoundment; redemption.
When companion animals
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| dogs or cats are apprehended and impounded,
they must be |
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| scanned for the presence of a microchip and cannot be adopted, |
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| moved, or euthanized without a second scanning . The
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| Administrator shall make every reasonable attempt to contact |
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| the owner or feral cat caretaker as defined by Section 2.16 as |
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| soon
as possible. The Administrator shall give notice of not |
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| less than 7 business
days to the owner prior to disposal of the |
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| animal. Such notice shall be mailed
to the last known address |
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| of the owner. Testimony of the Administrator, or his
or her |
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| authorized agent, who mails such notice shall be evidence of |
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| the receipt
of such notice by the owner of the animal.
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| In case the owner of any impounded companion animal
dog or |
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| cat desires to make redemption
thereof, he or she may do so by |
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| doing the following:
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| a. Presenting proof of current rabies inoculation
and |
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| registration, if applicable.
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| b. Paying for the rabies inoculation of the dog ,
or |
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| cat , or ferret
and registration, if applicable.
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| c. Paying the animal control facility
pound for the |
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| board and any reasonable medical costs incurred by
of the |
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| companion animal
dog or cat for
the period it was |
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| impounded.
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| d. Paying into the Animal Control Fund an additional
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| impoundment fee as prescribed by the Board as a penalty for |
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| the
first offense and for each subsequent offense.
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| e. Paying a $25 public safety fine to be deposited into |
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| the Pet Population Control Fund; the fine shall be waived |
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| if it is the dog's or cat's first impoundment and the owner |
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| has the animal spayed or neutered within 14 days.
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| f.
Paying for microchipping and registration of the |
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| microchip, if required, if not already
done.
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| The payments required for redemption under this Section
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| shall be in
addition to any other penalties invoked under this |
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| Act and the Illinois Public Health and Safety Animal Population |
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| Control Act. An animal control agency shall assist and share |
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| information with the Director of Public Health in the |
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| collection of public safety fines.
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| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
|
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| (510 ILCS 5/11) (from Ch. 8, par. 361)
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| Sec. 11. Companion animals
When not redeemed by the owner, |
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| agent, or caretaker, a dog or cat must be scanned for a |
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| microchip. If a microchip is present, the registered owner must |
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| be notified. After contact has been made or attempted, dogs or |
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| cats deemed adoptable by the animal control facility may
shall |
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| be offered for adoption, or made available to a licensed humane |
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| society or rescue group. If no placement is available, it shall |
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| be
humanely dispatched pursuant to the Humane Euthanasia in |
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| Animal Shelters
Act. An animal control facility
pound
or animal |
32 |
| shelter shall not release any dog ,
or cat , or ferret when not |
33 |
| redeemed by
the owner unless the animal has been surgically |
34 |
| rendered incapable of
reproduction by spaying or neutering
and |
35 |
| microchipped, or the person wishing to adopt
an animal prior
to |
|
|
|
HB4367 |
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LRB094 16382 RSP 51635 b |
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|
1 |
| the surgical procedures having been performed shall have |
2 |
| executed a written
agreement promising to have such service |
3 |
| performed, including
microchipping if required , within
a |
4 |
| specified period
of time not to exceed 30 days. Failure to |
5 |
| fulfill the terms of the
agreement shall result in
seizure and |
6 |
| impoundment of the animal and any offspring by the animal |
7 |
| control facility
pound or shelter, and
any monies which have |
8 |
| been deposited shall be forfeited and submitted to the Pet |
9 |
| Population Control Fund on a yearly basis . This Act shall not
|
10 |
| prevent humane societies from engaging in activities set forth |
11 |
| by their
charters; provided, they are not inconsistent with |
12 |
| provisions of this Act
and other existing laws. No animal |
13 |
| shelter or animal control facility shall
release dogs ,
or cats , |
14 |
| or ferrets to an individual representing a rescue group, unless |
15 |
| the
group has been licensed by or has a foster care permit |
16 |
| issued by the Illinois Department of Agriculture or
is a |
17 |
| representative of a not-for-profit out-of-state organization. |
18 |
| The Department may suspend or
revoke the license of
any animal |
19 |
| shelter or animal control facility that fails to comply with |
20 |
| the
requirements set forth in this Section or that fails to |
21 |
| report its intake and euthanasia statistics each year.
|
22 |
| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
|
23 |
| (510 ILCS 5/12) (from Ch. 8, par. 362)
|
24 |
| Sec. 12. The owner of any animal which exhibits clinical
|
25 |
| signs of
rabies, whether or not the animal has been inoculated
|
26 |
| against
rabies, shall immediately notify the Administrator or, |
27 |
| if the Administrator
is
not a
veterinarian, the Deputy |
28 |
| Administrator .
,
The Administrator or, if the Administrator
is
|
29 |
| not a
veterinarian, the Deputy Administrator
and shall promptly
|
30 |
| confine the animal, or have it confined, under
licensed |
31 |
| veterinary
suitable
observation, for a period of at least 10 |
32 |
| days, unless officially authorized
by the Administrator or, if |
33 |
| the Administrator is not a veterinarian, the
Deputy
|
34 |
| Administrator, in writing, to release it sooner. Any
animal |
35 |
| that has had direct contact with the
animal and that has not |
|
|
|
HB4367 |
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LRB094 16382 RSP 51635 b |
|
|
1 |
| been inoculated against rabies, shall
be
confined as |
2 |
| recommended by the Administrator or, if the Administrator is |
3 |
| not
a
veterinarian, the Deputy Administrator. If an owner fails |
4 |
| to confine the animal, as required by the Administrator, animal |
5 |
| control shall impound the animal and the owner shall be |
6 |
| responsible for the costs incurred.
|
7 |
| (Source: P.A. 93-548, eff. 8-19-03.)
|
8 |
| (510 ILCS 5/13) (from Ch. 8, par. 363)
|
9 |
| Sec. 13. Dog or other animal bites; observation of animal.
|
10 |
| (a) Except as otherwise provided in subsection (b) of this |
11 |
| Section, when
the Administrator or, if the Administrator is not |
12 |
| a veterinarian, the Deputy
Administrator receives information |
13 |
| that any person has been
bitten by a companion animal
an |
14 |
| animal , the Administrator or, if the
Administrator is not a |
15 |
| veterinarian, the Deputy Administrator, or his or
her |
16 |
| authorized
representative, shall have such dog , cat, or ferret |
17 |
| or other companion animal
animal confined
under the
observation |
18 |
| of a licensed veterinarian for a period of 10 days. The
|
19 |
| Department may permit such confinement to be reduced to a
|
20 |
| period of less than 10 days. A veterinarian shall report the
|
21 |
| clinical
condition of the animal immediately, with |
22 |
| confirmation in
writing to the Administrator or, if the |
23 |
| Administrator is not a veterinarian,
the
Deputy Administrator |
24 |
| within 24 hours after the animal
is presented for examination, |
25 |
| giving the owner's name, address, the date of
confinement, the |
26 |
| breed, description, age, and sex of the
animal, and whether the |
27 |
| animal has been spayed
or neutered, on appropriate
forms |
28 |
| approved by the Department. The Administrator or, if the |
29 |
| Administrator
is not
a veterinarian, the Deputy Administrator |
30 |
| shall notify the attending physician
or responsible health |
31 |
| agency. At the
end of the confinement period, the veterinarian |
32 |
| shall submit a written
report to the Administrator or, if the |
33 |
| Administrator is not a veterinarian,
the Deputy
Administrator |
34 |
| advising him or her of the final disposition of
the animal on |
35 |
| appropriate forms approved by the Department. When
evidence is |
|
|
|
HB4367 |
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LRB094 16382 RSP 51635 b |
|
|
1 |
| presented that the animal was inoculated
against
rabies within |
2 |
| the time prescribed by law, it may
shall be confined in
a |
3 |
| house, or in a manner which will prohibit it from biting any |
4 |
| person
for a period of 10 days, if the Administrator or Deputy |
5 |
| Administrator
a licensed veterinarian adjudges such |
6 |
| confinement satisfactory. The Department may permit such |
7 |
| confinement to be reduced to a period of less
than 10 days. At |
8 |
| the end of the confinement period, the
animal shall be examined |
9 |
| by a licensed
veterinarian , spayed or neutered and |
10 |
| microchipped .
|
11 |
| Any person having knowledge that any person has been
bitten |
12 |
| by an animal shall
notify the
Administrator or, if the |
13 |
| Administrator is not a veterinarian, the Deputy
Administrator
|
14 |
| within 24 hours
promptly . It is unlawful for the owner of the |
15 |
| animal
to
euthanize, sell, give away, or otherwise dispose of |
16 |
| any
animal known to have bitten a person, until it is released |
17 |
| by the
Administrator or, if the Administrator is not a |
18 |
| veterinarian, the Deputy
Administrator, or his or her |
19 |
| authorized representative. It is unlawful
for
the
owner of the |
20 |
| animal to refuse or fail to comply with
the
reasonable written |
21 |
| or printed instructions made by the Administrator or,
if
the |
22 |
| Administrator is not a veterinarian, the Deputy Administrator, |
23 |
| or
his
authorized representative. If such instructions cannot |
24 |
| be delivered in
person, they shall be mailed to the owner of |
25 |
| the
animal by
regular mail. Any expense incurred in the
|
26 |
| handling of an animal under this Section and Section
12 shall
|
27 |
| be borne by the owner. The owner of a biting animal must also |
28 |
| remit to the Department of Public Health, for deposit into the |
29 |
| Vicious Dog Attack Victim Relief Fund
Pet Population Control |
30 |
| Fund , a $25 public safety fine within 30 days after notice.
|
31 |
| (b) When a person has been bitten by a police dog that is |
32 |
| currently vaccinated against rabies,
the police dog may |
33 |
| continue to perform
its duties for the peace officer or law |
34 |
| enforcement agency and any period
of
observation of the police |
35 |
| dog may be under the
supervision of a peace officer.
The |
36 |
| supervision shall consist of the dog being locked in a kennel,
|
|
|
|
HB4367 |
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LRB094 16382 RSP 51635 b |
|
|
1 |
| performing its official duties in a police vehicle, or |
2 |
| remaining under the
constant supervision of its police handler.
|
3 |
| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
|
4 |
| (510 ILCS 5/15) (from Ch. 8, par. 365)
|
5 |
| Sec. 15. Vicious animal determination; appeals.
|
6 |
| (a) In order to have owned animal
a dog deemed "vicious", the |
7 |
| Administrator,
Deputy
Administrator, animal control warden,
or |
8 |
| law enforcement officer must give notice of the
infraction that
|
9 |
| is the basis of the investigation to the owner, conduct a |
10 |
| thorough
investigation, interview
any witnesses, including the |
11 |
| owner, gather any existing medical records,
veterinary
medical |
12 |
| records or behavioral evidence, and make a detailed report |
13 |
| recommending
a
finding that the animal
dog is a vicious animal,
|
14 |
| dog
give the report to the owner, and schedule an |
15 |
| administrative hearing pursuant to the Illinois Administrative |
16 |
| Procedure Act before an Administrative Hearing Officer as |
17 |
| defined in this Act or give the report to the States
Attorney's |
18 |
| Office and the
owner . The Administrator, Deputy Administrator, |
19 |
| State's Attorney, Director , or any citizen of the
county in
|
20 |
| which the animal
dog exists may file a complaint in the circuit |
21 |
| court in the name of
the People of the
State of
Illinois to |
22 |
| deem an animal
a dog to be a vicious animal
dog . Testimony of a |
23 |
| certified applied
behaviorist, a
board certified veterinary |
24 |
| behaviorist, or another recognized expert may be
relevant to |
25 |
| the
court's determination of whether the dog's behavior was |
26 |
| justified. The
petitioner must
prove the animal
dog is a |
27 |
| vicious animal
dog by a preponderance of the
clear and |
28 |
| convincing evidence. The
Administrator shall determine where |
29 |
| the animal shall be confined during the
pendency of the case.
|
30 |
| An animal
A dog may not be declared vicious if the court or |
31 |
| Administrative Hearing Officer determines the conduct of
the
|
32 |
| animal
dog was
justified because:
|
33 |
| (1) the threat, injury, or death was sustained by a |
34 |
| person who at the time
was
committing a crime or offense |
35 |
| upon the owner or custodian of the animal
dog , or was |
|
|
|
HB4367 |
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LRB094 16382 RSP 51635 b |
|
|
1 |
| committing a willful trespass or other tort upon the |
2 |
| premises or property owned or occupied by the owner of the |
3 |
| animal;
|
4 |
| (2) the injured, threatened, or killed person was |
5 |
| abusing,
assaulting,
or physically threatening the animal
|
6 |
| dog or its offspring , or has in the past
abused,
assaulted, |
7 |
| or physically threatened the dog or its offspring ; or
|
8 |
| (3) the animal
dog was responding to pain or injury , or |
9 |
| was protecting itself, its
owner,
custodian, or member of |
10 |
| its household, kennel, or offspring .
|
11 |
| No owned animal
dog shall be deemed "vicious" if it is a |
12 |
| professionally trained dog for
law
enforcement or guard duties. |
13 |
| Vicious dogs shall not be classified
in a manner that is |
14 |
| specific as to breed.
|
15 |
| If the burden of proof has been met, the court or |
16 |
| Administrative Hearing Officer shall deem the animal
dog to be |
17 |
| a
vicious animal
dog .
|
18 |
| If an owned animal
a dog is found to be a vicious animal
|
19 |
| dog , the owner shall be guilty of a Class 4 felony, pay a $500
|
20 |
| $100 public safety fine to be deposited into the Animal Control |
21 |
| Fund
Pet Population Control Fund , and the court or |
22 |
| Administrative Hearing Officer shall order animal subject to |
23 |
| enclosure or euthanized. If subject to enclosure, the animal
|
24 |
| dog shall be spayed or
neutered within 10 days of the finding |
25 |
| at the expense of its
owner and microchipped, if not already , |
26 |
| and the dog is subject to
enclosure . If an owner fails to |
27 |
| comply with these requirements, the animal control agency shall |
28 |
| impound the animal
dog and the owner shall pay a $500 fine plus |
29 |
| impoundment fees to the animal control agency impounding the |
30 |
| animal
dog . The judge has the discretion to order a vicious dog |
31 |
| be euthanized.
An animal
A dog found to be a vicious animal
dog |
32 |
| shall not be released to the
owner until the Administrator, |
33 |
| Deputy Administrator, an Animal Control Warden, or the
Director |
34 |
| approves the enclosure. No owner or
keeper of a vicious animal
|
35 |
| dog shall sell or give away the animal
dog without
approval |
36 |
| from the Administrator or court. Whenever an owner of a vicious |
|
|
|
HB4367 |
- 16 - |
LRB094 16382 RSP 51635 b |
|
|
1 |
| animal
dog relocates, he or she shall notify
both the
|
2 |
| Administrator of
County
Animal Control where he or she has |
3 |
| relocated and the Administrator of County
Animal Control where |
4 |
| he or she formerly resided. The animal shall not be relocated |
5 |
| until the new location and the manner of relocation have been |
6 |
| approved by the appropriate Administrator.
|
7 |
| (b) It shall be unlawful for any person to keep or maintain |
8 |
| any animal
dog
which has been found to be a vicious animal
dog |
9 |
| unless the animal
dog is
kept in an enclosure. The only times |
10 |
| that a vicious animal
dog may be allowed out
of the enclosure |
11 |
| are (1) if it is necessary for the owner or keeper to
obtain |
12 |
| veterinary care for the animal
dog , (2) in the case of an |
13 |
| emergency or
natural disaster where the
animal's
dog's life is |
14 |
| threatened, or (3) to comply with the order of a
court of |
15 |
| competent jurisdiction, provided that the animal
dog is |
16 |
| securely muzzled
and restrained with a leash not
exceeding 6 |
17 |
| feet in length, and shall be under the direct control and
|
18 |
| supervision of the owner or keeper of the animal
dog or muzzled |
19 |
| in its residence .
|
20 |
| Any animal
dog which has been found to be a vicious animal
|
21 |
| dog and which is not
confined to an enclosure shall be |
22 |
| impounded by the Administrator, an Animal
Control Warden, or |
23 |
| the law enforcement authority having jurisdiction in
such area.
|
24 |
| If the owner of the animal
dog has not appealed the |
25 |
| impoundment order to the
circuit court in the county in which |
26 |
| the animal was impounded within 10
15
working days, the animal
|
27 |
| dog may be euthanized.
|
28 |
| Upon filing a notice of appeal, the order of euthanasia |
29 |
| shall be
automatically stayed pending the outcome of the |
30 |
| appeal. The owner shall bear
the burden of timely notification |
31 |
| to animal control in writing.
|
32 |
| Guide dogs for the blind or hearing impaired, support dogs |
33 |
| for the
physically handicapped, and sentry, guard, or
|
34 |
| police-owned dogs are
exempt from this Section; provided, an |
35 |
| attack or injury to a person
occurs while the dog is performing |
36 |
| duties as expected. To qualify for
exemption under this |
|
|
|
HB4367 |
- 17 - |
LRB094 16382 RSP 51635 b |
|
|
1 |
| Section, each such dog shall be currently
inoculated against |
2 |
| rabies in accordance with Section 8
of this Act. It shall be |
3 |
| the duty of the owner of such exempted dog to
notify the |
4 |
| Administrator of changes of address. In the case of a sentry or
|
5 |
| guard dog, the owner shall keep the Administrator advised of |
6 |
| the location
where such dog will be stationed. The |
7 |
| Administrator shall provide police
and fire departments with a |
8 |
| categorized list of such exempted dogs, and
shall promptly |
9 |
| notify such departments of any address changes reported to him.
|
10 |
| (c) If the animal control agency has custody of the animal, |
11 |
| pursuant to this Section
dog , the agency may file a petition |
12 |
| with the court requesting that the owner be ordered to post |
13 |
| security. The security must be in an amount sufficient to |
14 |
| secure payment of all reasonable expenses expected to be |
15 |
| incurred by the animal control agency or animal shelter in |
16 |
| caring for and providing for the animal
dog pending the |
17 |
| determination. Reasonable expenses include, but are not |
18 |
| limited to, estimated medical care and boarding of the animal |
19 |
| for 30 days. If security has been posted in accordance with |
20 |
| this Section, the animal control agency may draw from the |
21 |
| security the actual costs incurred by the agency in caring for |
22 |
| the animal
dog . |
23 |
| (d) Upon receipt of a petition, the court must set a |
24 |
| hearing on the petition, to be conducted within 5 business days |
25 |
| after the petition is filed. The petitioner must serve a true |
26 |
| copy of the petition upon the defendant at least 48 hours prior |
27 |
| to the scheduled hearing . |
28 |
| (e) If the court orders the posting of security, the |
29 |
| security must be posted with the clerk of the court within 5 |
30 |
| business days after the hearing. If the person ordered to post |
31 |
| security does not do so, the animal
dog is forfeited by |
32 |
| operation of law and the animal control agency must dispose of |
33 |
| the animal through adoption or humane euthanization.
|
34 |
| (f) For purposes of this Section, all costs of impoundment, |
35 |
| disposition, boarding, medical, or other costs related to the |
36 |
| determination of vicious animal shall be borne by the owner if |
|
|
|
HB4367 |
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LRB094 16382 RSP 51635 b |
|
|
1 |
| the animal is found to be vicious.
|
2 |
| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
|
3 |
| (510 ILCS 5/15.1)
|
4 |
| Sec. 15.1. Dangerous animal
dog determination.
|
5 |
| (a) After a thorough investigation
including: sending, |
6 |
| within 10 business days of the Administrator or Director |
7 |
| becoming
aware of the alleged infraction,
notifications to the |
8 |
| owner of the alleged infractions, the fact of the
initiation of |
9 |
| an investigation,
and
affording the owner an opportunity to |
10 |
| meet with the Administrator or
Director prior to the making of |
11 |
| a determination;
gathering of
any medical or veterinary |
12 |
| evidence; interviewing witnesses; and making a
detailed
|
13 |
| written report, an animal control warden, deputy |
14 |
| administrator, or law
enforcement agent
may ask the |
15 |
| Administrator, or his or her designee, or the Director, to deem |
16 |
| an owned animal
a
dog to be
"dangerous". No animal
dog shall be |
17 |
| deemed a "dangerous animal
dog " unless shown to be a dangerous |
18 |
| animal
dog by a preponderance of evidence. The owner shall be |
19 |
| sent immediate notification of the determination
by registered |
20 |
| or certified mail that includes a complete description of the
|
21 |
| appeal
process.
|
22 |
| (b) An owned animal may
A dog shall not be declared |
23 |
| dangerous if the Administrator,
or his or her designee, or the |
24 |
| Director determines the
conduct of the animal
dog was justified |
25 |
| because:
|
26 |
| (1) the threat was sustained by a person
who at the |
27 |
| time was committing a crime or offense upon the owner or
|
28 |
| custodian of the animal
dog or was committing a willful |
29 |
| trespass or other tort upon the premises or property |
30 |
| occupied by the owner of the animal;
|
31 |
| (2) the threatened person was
abusing, or assaulting , |
32 |
| or physically threatening the animal
dog or
its offspring;
|
33 |
| (3) the injured, threatened, or killed companion |
34 |
| animal
was attacking or threatening to attack the animal
|
35 |
| dog or its offspring; or
|
|
|
|
HB4367 |
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LRB094 16382 RSP 51635 b |
|
|
1 |
| (4) the animal
dog was responding to pain or injury or |
2 |
| was
protecting itself, its owner, custodian, or a member of |
3 |
| its household,
kennel, or offspring .
|
4 |
| (c) Testimony of a certified applied behaviorist, a board |
5 |
| certified
veterinary behaviorist, or another recognized expert |
6 |
| may be relevant to
the determination of whether the dog's |
7 |
| behavior was
justified pursuant to the provisions of this |
8 |
| Section.
|
9 |
| (c)
(d) If deemed dangerous, the Administrator, or his or |
10 |
| her designee, or the
Director shall order (i) the animal's
|
11 |
| dog's owner to pay a $50 public safety fine to be deposited |
12 |
| into the Animal Control Fund
Pet Population Control Fund , (ii) |
13 |
| the animal
dog to be spayed or neutered within
10
14
days
at |
14 |
| the
owner's expense and microchipped, if not already, and (iii) |
15 |
| one or more of the
following
as deemed appropriate under
the
|
16 |
| circumstances and necessary for the protection of the public:
|
17 |
| (1) evaluation of the dog by a certified applied |
18 |
| behaviorist, a
board certified veterinary behaviorist, or |
19 |
| another recognized expert in
the field and completion of |
20 |
| training or other treatment as deemed
appropriate by the |
21 |
| expert. The owner of the dog shall be responsible
for all |
22 |
| costs associated with evaluations and training ordered |
23 |
| under
this subsection; or
|
24 |
| (2)
the animal to be under physical control
direct supervision |
25 |
| by an adult 18 years of age or older
whenever the animal is off |
26 |
| of the
on public premises of its owner .
|
27 |
| (d)
(e) The Administrator shall
may order a dangerous |
28 |
| animal
dog to be muzzled
whenever it is off of the
on public |
29 |
| premises of its owner in a manner that
will prevent
it from |
30 |
| biting any person or animal, but that shall not injure the |
31 |
| animal
dog or
interfere with its
vision or respiration.
|
32 |
| (e)
(f) Guide dogs for the blind or hearing impaired, |
33 |
| support dogs for the
physically handicapped, and sentry, guard, |
34 |
| or
police-owned dogs are exempt from this Section; provided, an |
35 |
| attack or injury
to a person occurs while the dog is performing |
36 |
| duties as expected. To qualify
for exemption under this |
|
|
|
HB4367 |
- 20 - |
LRB094 16382 RSP 51635 b |
|
|
1 |
| Section, each such dog shall be currently inoculated
against |
2 |
| rabies in accordance with Section 8 of this Act and performing |
3 |
| duties
as expected. It shall be the duty
of the owner of the |
4 |
| exempted dog to notify the Administrator of changes of
address. |
5 |
| In the case of a sentry or guard dog, the owner shall keep the
|
6 |
| Administrator advised of the location where such dog will be |
7 |
| stationed. The
Administrator shall provide police and fire |
8 |
| departments with a categorized list
of the exempted dogs, and |
9 |
| shall promptly notify the departments of any
address changes |
10 |
| reported to him or her.
|
11 |
| (f)
(g) An animal control agency has the right to impound a |
12 |
| dangerous animal
dog if the owner fails to comply with the |
13 |
| requirements of this Act.
|
14 |
| (g) Whenever an owner of a dangerous animal relocates, he |
15 |
| or she shall notify both the Administrator of the County Animal |
16 |
| Control where he or she has relocated and the Administrator of |
17 |
| the County Animal Control where he or she formerly resided. |
18 |
| (h) If the owner of a dangerous animal intends to transfer |
19 |
| ownership to another person he or she shall notify the |
20 |
| Administrator of the County Animal Control where he or she |
21 |
| resides.
|
22 |
| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
|
23 |
| (510 ILCS 5/15.2)
|
24 |
| Sec. 15.2. Dangerous animals
dogs ; leash. It is unlawful |
25 |
| for any person to
knowingly or recklessly permit
any
dangerous
|
26 |
| animal
dog to leave the premises of its owner when not muzzled |
27 |
| and under control by leash , not to exceed 6 feet in length, or |
28 |
| other
recognized control methods.
|
29 |
| (Source: P.A. 93-548, eff. 8-19-03.)
|
30 |
| (510 ILCS 5/15.3)
|
31 |
| Sec. 15.3. Dangerous animal
dog ; appeal.
|
32 |
| (a) The owner of an animal
a dog found to be a dangerous |
33 |
| animal
dog pursuant to this Act by
an
Administrator may file a |
34 |
| complaint against the Administrator in the circuit
court within
|
|
|
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1 |
| 35 days of receipt of notification of the determination, for a |
2 |
| de novo hearing
on the
determination. The proceeding shall be |
3 |
| conducted as a civil hearing pursuant to
the
Illinois Rules of |
4 |
| Evidence and the Code of Civil Procedure, including the
|
5 |
| discovery
provisions. After hearing both parties' evidence, |
6 |
| the court may make a
determination of
dangerous animal
dog if |
7 |
| the Administrator meets his or her burden of proof of by a |
8 |
| preponderance of the evidence
clear
and
convincing evidence . |
9 |
| The final order of the circuit court may be appealed
pursuant |
10 |
| to the
civil appeals provisions of the Illinois Supreme Court |
11 |
| Rules.
|
12 |
| (b) The owner of a animal
dog found to be a dangerous |
13 |
| animal
dog pursuant to this Act by
the
Director may, within 14 |
14 |
| days of receipt of notification of the determination,
request |
15 |
| an
administrative hearing to appeal the determination. The |
16 |
| administrative hearing
shall be
conducted pursuant to the |
17 |
| Department of Agriculture's rules applicable to
formal
|
18 |
| administrative proceedings, 8 Ill. Adm. Code Part 1, SubParts A |
19 |
| and B. An
owner
desiring
a
hearing shall make his or her |
20 |
| request for a hearing to the Illinois Department
of
|
21 |
| Agriculture. The final administrative decision of the |
22 |
| Department may be
reviewed
judicially by the circuit court of |
23 |
| the county wherein the person resides or, in
the case of a
|
24 |
| corporation, the county where its registered office is located. |
25 |
| If the
plaintiff in a review
proceeding is not a resident of |
26 |
| Illinois, the venue shall be in Sangamon
County. The
|
27 |
| Administrative Review Law and all amendments and modifications |
28 |
| thereof, and the
rules
adopted thereto, apply to and govern all |
29 |
| proceedings for the judicial review of
final
administrative |
30 |
| decisions of the Department hereunder.
|
31 |
| (c) Until the order has been reviewed and at all times |
32 |
| during the appeal
process,
the owner shall comply with the |
33 |
| requirements set forth by the Administrator,
the court, or
the |
34 |
| Director.
|
35 |
| (d) At any time after a final order has been entered, the |
36 |
| owner may petition
the
circuit court to reverse the designation |
|
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| of dangerous animal
dog .
|
2 |
| (Source: P.A. 93-548, eff. 8-19-03.)
|
3 |
| (510 ILCS 5/16.5)
|
4 |
| Sec. 16.5. Expenses of microchipping. A clinic for
|
5 |
| microchipping companion animals of county residents should be |
6 |
| conducted at
least once a year
under the direction of the |
7 |
| Administrator or, if the Administrator is not a
veterinarian, |
8 |
| the Deputy Administrator at the animal control facility,
animal |
9 |
| shelter, or other central location within the county. The |
10 |
| maximum
amount that can be charged for microchipping an animal |
11 |
| at this clinic shall be
$25
$15 . Funds generated from this |
12 |
| clinic shall be deposited in the
county's animal control fund.
|
13 |
| (Source: P.A. 93-548, eff. 8-19-03.)
|
14 |
| (510 ILCS 5/19) (from Ch. 8, par. 369)
|
15 |
| Sec. 19. The Board shall reimburse owners of sheep, goats, |
16 |
| cattle, horses, mules, swine, or poultry killed or injured by a |
17 |
| dog. Any owner having one or more of these animals
livestock, |
18 |
| poultry, or equidae killed or injured by a dog shall, according |
19 |
| to the provisions of
this Act and upon filing claim and making |
20 |
| proper proof, be entitled to receive
reimbursement for such |
21 |
| losses from the Animal Control Fund; provided, he or
she is a |
22 |
| resident of this State and such injury or killing is reported |
23 |
| to the
Administrator within 24 hours after such injury or |
24 |
| killing occurs, and makes affidavit stating the
number of such |
25 |
| animals or poultry killed or injured, the amount of damages
and |
26 |
| the owner of the dog causing such killing or injury, if known.
|
27 |
| The damages referred to in this Section shall be |
28 |
| substantiated by the
Administrator through prompt |
29 |
| investigation and by not less than 2 witnesses.
The |
30 |
| Administrator shall determine whether the
provisions of this
|
31 |
| Section have been met and shall keep a record in each case of |
32 |
| the names of
the owners of the animals killed or injured
or |
33 |
| poultry , the amount of damages proven, and the
number of |
34 |
| animals or poultry killed or injured.
|
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| The Administrator shall file a written report
with the |
2 |
| County
Treasurer as to the right of an owner of livestock, |
3 |
| poultry, or equidae to be paid out of the Animal Control Fund, |
4 |
| and the
amount of such damages claimed.
|
5 |
| The County Treasurer shall, on the first Monday in March of |
6 |
| each
calendar year, pay to the owner of the animals or poultry |
7 |
| the amount of
damages to which he or she is entitled. The |
8 |
| County Board
county board , by ordinance,
shall
establish a |
9 |
| schedule for damages reflecting
the current market value .
|
10 |
| If there are funds in excess of amounts paid for such |
11 |
| claims for damage
in that portion of the Animal Control Fund |
12 |
| set aside for this purpose, this
excess shall be used for other |
13 |
| costs of the Animal Control Program
program as
set forth in |
14 |
| this Act.
|
15 |
| (Source: P.A. 93-548, eff. 8-19-03.)
|
16 |
| (510 ILCS 5/22.5 new)
|
17 |
| Sec. 22.5. Reports of animal control facilities. |
18 |
| (a) Each animal control facility in the State shall |
19 |
| annually report to the Department information required by the |
20 |
| Department including, but not limited to, the following: |
21 |
| (1) The number of animals euthanized during the |
22 |
| reporting period. |
23 |
| (2) The number of animal intakes by the facility during |
24 |
| the reporting period. |
25 |
| (3) The number of animals spayed or neutered by the |
26 |
| facility during the reporting period. |
27 |
| (4) The number of animals adopted from the facility |
28 |
| during the reporting period. |
29 |
| (b) The Department shall annually compile its finding under |
30 |
| subsection (a) and report those findings to the Governor and |
31 |
| General Assembly. |
32 |
| (c) Each animal control facility in the State shall report |
33 |
| all animal bites, in its jurisdiction for the preceding year, |
34 |
| to the Department by March 1 of the following year. |
35 |
| (d) Each animal control facility in the State shall report |
|
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| declared dangerous and vicious animals in its jurisdiction, to |
2 |
| the Department within 30 days of the declaration. |
3 |
| (e) Each animal control facility in the State shall report |
4 |
| the relocation and ownership transfers of each declared |
5 |
| dangerous and vicious animal, in its jurisdiction, to the |
6 |
| Department within 30 days of the relocation or transfer. |
7 |
| (f) The Department shall make available, to all animal |
8 |
| control agencies and to the public, information regarding all |
9 |
| animals that have bitten any person and all information |
10 |
| regarding the location and ownership of dangerous and vicious |
11 |
| animals. |
12 |
| (g) The Department shall adopt rules for the implementation |
13 |
| of this Section.
|
14 |
| (510 ILCS 5/24) (from Ch. 8, par. 374)
|
15 |
| Sec. 24. Nothing in this Act shall be held to limit in |
16 |
| any manner the power
of any municipality or other political |
17 |
| subdivision to prohibit animals from
running at large, nor |
18 |
| shall anything in this Act be construed to, in any
manner, |
19 |
| limit the power of any municipality or other political |
20 |
| subdivision
to further control and regulate dogs, cats or other |
21 |
| animals in such
municipality or other political subdivision |
22 |
| provided that no regulation or
ordinance prohibits ownership
is
|
23 |
| specific to breed.
|
24 |
| (Source: P.A. 93-548, eff. 8-19-03.)
|
25 |
| (510 ILCS 5/26) (from Ch. 8, par. 376)
|
26 |
| Sec. 26. (a) Any person violating or aiding in or abetting |
27 |
| the violation
of any provision of this Act, or counterfeiting |
28 |
| or forging any certificate,
permit, or tag, or making any |
29 |
| misrepresentation in regard to any matter
prescribed by this |
30 |
| Act, or resisting, obstructing, or impeding the
Administrator |
31 |
| or any authorized officer in enforcing this Act, or refusing
to |
32 |
| produce for inoculation any dog in his possession, or who |
33 |
| removes a tag from
a dog , cat, or ferret for purposes of
|
34 |
| destroying or concealing its identity, is guilty of a Class C |
|
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| misdemeanor for a
first offense and for a subsequent offense, |
2 |
| is guilty of a Class B
misdemeanor.
|
3 |
| Each day a person fails to comply constitutes a separate |
4 |
| offense. Each
State's Attorney to whom the Administrator |
5 |
| reports any violation of this
Act shall cause appropriate |
6 |
| proceedings to be instituted in the proper
courts without delay |
7 |
| and to be prosecuted in the manner provided by law.
|
8 |
| (b) If the owner of a vicious animal
dog subject to |
9 |
| enclosure:
|
10 |
| (1) fails to maintain or keep the animal
dog in an |
11 |
| enclosure or fails to spay
or neuter the animal or |
12 |
| microchip the animal
dog within the time period prescribed; |
13 |
| and
|
14 |
| (2) the animal
dog inflicts physical injury or serious |
15 |
| physical injury upon any other person or companion animal |
16 |
| or causes or contributes to the death of
another person or |
17 |
| companion animal ; and
|
18 |
| (3) the attack is unprovoked in a place where such |
19 |
| person is peaceably
conducting himself or herself and where |
20 |
| such person may lawfully be;
|
21 |
| the owner shall
be guilty of a Class 4 felony, unless the owner |
22 |
| knowingly
allowed the
animal
dog to run at large or failed to |
23 |
| take steps to keep the animal
dog in an enclosure
then the |
24 |
| owner shall be guilty of a Class 3 felony. The penalty
provided |
25 |
| in
this paragraph shall be in addition to any other criminal or |
26 |
| civil sanction
provided by law.
|
27 |
| (c) If the owner of a dangerous animal
dog knowingly fails |
28 |
| to comply with any
order
regarding the animal
dog and the |
29 |
| animal
dog inflicts physical injury or serious physical
injury |
30 |
| on a person or a companion animal, the owner shall be guilty of |
31 |
| a Class 4 felony
Class
A misdemeanor . If the
owner of a |
32 |
| dangerous animal
dog knowingly fails to comply with any order |
33 |
| regarding the
animal
dog and
the animal
dog kills a person or |
34 |
| contributes to the death of a person the owner shall be guilty |
35 |
| of a Class 3
Class 4 felony. |
36 |
| (d) If the owner of a dangerous animal fails to comply with |
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| an Administrator's order, the dog shall be impounded. The |
2 |
| animal may be returned to the owner upon payment of all costs |
3 |
| associated with the impoundment and compliance with the order. |
4 |
| (e) If the owner of a vicious animal fails to spay or |
5 |
| neuter or microchip the dog within the prescribed time period, |
6 |
| the animal shall be impounded. The animal may be returned to |
7 |
| the owner upon payment of all costs associated with the |
8 |
| impoundment and compliance with this Section.
|
9 |
| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
|
10 |
| (510 ILCS 5/2.03a rep.)
|
11 |
| (510 ILCS 5/2.18 rep.)
|
12 |
| Section 95. The Animal Control Act is amended by repealing |
13 |
| Sections 2.03a and 2.18.
|
14 |
| Section 99. Effective date. This Act takes effect upon |
15 |
| becoming law.
|
|
|
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| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| New Act |
|
| 4 |
| 30 ILCS 105/5.663 new |
|
| 5 |
| 510 ILCS 5/2.01a new |
|
| 6 |
| 510 ILCS 5/2.02a new |
|
| 7 |
| 510 ILCS 5/2.02b new |
|
| 8 |
| 510 ILCS 5/2.04b new |
|
| 9 |
| 510 ILCS 5/2.05a |
|
| 10 |
| 510 ILCS 5/2.11 |
from Ch. 8, par. 352.11 |
| 11 |
| 510 ILCS 5/2.11a |
|
| 12 |
| 510 ILCS 5/2.11b |
|
| 13 |
| 510 ILCS 5/2.15a new |
|
| 14 |
| 510 ILCS 5/2.16 |
from Ch. 8, par. 352.16 |
| 15 |
| 510 ILCS 5/2.19b |
|
| 16 |
| 510 ILCS 5/3 |
from Ch. 8, par. 353 |
| 17 |
| 510 ILCS 5/8 |
from Ch. 8, par. 358 |
| 18 |
| 510 ILCS 5/9 |
from Ch. 8, par. 359 |
| 19 |
| 510 ILCS 5/9.1 new |
|
| 20 |
| 510 ILCS 5/10 |
from Ch. 8, par. 360 |
| 21 |
| 510 ILCS 5/11 |
from Ch. 8, par. 361 |
| 22 |
| 510 ILCS 5/12 |
from Ch. 8, par. 362 |
| 23 |
| 510 ILCS 5/13 |
from Ch. 8, par. 363 |
| 24 |
| 510 ILCS 5/15 |
from Ch. 8, par. 365 |
| 25 |
| 510 ILCS 5/15.1 |
|
| 26 |
| 510 ILCS 5/15.2 |
|
| 27 |
| 510 ILCS 5/15.3 |
|
| 28 |
| 510 ILCS 5/16.5 |
|
| 29 |
| 510 ILCS 5/19 |
from Ch. 8, par. 369 |
| 30 |
| 510 ILCS 5/22.5 new |
|
| 31 |
| 510 ILCS 5/24 |
from Ch. 8, par. 374 |
| 32 |
| 510 ILCS 5/26 |
from Ch. 8, par. 376 |
| 33 |
| 510 ILCS 5/2.03a rep. |
|
| 34 |
| 510 ILCS 5/2.18 rep. |
|
|
|