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1 | AN ACT concerning animals.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Animal Welfare Act is amended by changing | ||||||
5 | Section 2 and adding Section 20.5 as follows:
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6 | (225 ILCS 605/2) (from Ch. 8, par. 302)
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7 | Sec. 2. Definitions. As used in this Act unless the context | ||||||
8 | otherwise
requires:
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9 | "Department" means the Illinois Department of Agriculture.
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10 | "Director" means the Director of the Illinois Department of | ||||||
11 | Agriculture.
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12 | "Pet shop operator" means any person who sells, offers to | ||||||
13 | sell,
exchange, or offers for adoption with or without charge | ||||||
14 | or donation dogs,
cats, birds, fish, reptiles, or other animals | ||||||
15 | customarily obtained as pets
in this State. However, a person | ||||||
16 | who sells only such animals that he has
produced and raised | ||||||
17 | shall not be considered a pet shop operator under this
Act, and | ||||||
18 | a veterinary hospital or clinic operated by a veterinarian or
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19 | veterinarians licensed under the Veterinary Medicine and | ||||||
20 | Surgery Practice
Act of 2004 shall not be considered a pet shop | ||||||
21 | operator under this
Act.
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22 | "Dog dealer" means any person who sells, offers to sell, | ||||||
23 | exchange, or
offers for adoption with or without charge or |
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1 | donation dogs in this State.
However, a person who sells only | ||||||
2 | dogs that he has produced and raised shall
not be considered a | ||||||
3 | dog dealer under this Act, and a veterinary hospital or
clinic | ||||||
4 | operated by a veterinarian or veterinarians licensed under the
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5 | Veterinary Medicine and Surgery Practice Act of 2004
shall not | ||||||
6 | be considered a dog dealer under this Act.
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7 | "Secretary of Agriculture" or "Secretary" means the | ||||||
8 | Secretary of
Agriculture of the United States Department of | ||||||
9 | Agriculture.
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10 | "Person" means any person, firm, corporation, partnership, | ||||||
11 | association
or other legal entity, any public or private | ||||||
12 | institution, the State of
Illinois, or any municipal | ||||||
13 | corporation or political subdivision of the
State.
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14 | "Kennel operator" means any person who operates an | ||||||
15 | establishment, other
than an animal control facility, | ||||||
16 | veterinary hospital, or animal
shelter, where dogs or dogs and | ||||||
17 | cats are maintained
for boarding, training or similar purposes | ||||||
18 | for a fee or compensation; or
who sells, offers to sell, | ||||||
19 | exchange, or offers for adoption with or without
charge dogs or | ||||||
20 | dogs and cats which he has produced and raised. A person who
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21 | owns, has possession of, or harbors 5 or less
females capable | ||||||
22 | of reproduction shall not be considered a kennel
operator.
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23 | "Cattery operator" means any person who operates an | ||||||
24 | establishment, other
than an animal control facility or animal
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25 | shelter, where cats are maintained for boarding,
training or | ||||||
26 | similar purposes for a fee or compensation; or who sells,
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1 | offers to sell, exchange, or offers for adoption with or | ||||||
2 | without charges
cats which he has produced and raised. A person | ||||||
3 | who owns, has possession
of, or harbors 5 or
less females | ||||||
4 | capable of reproduction shall not be considered a
cattery | ||||||
5 | operator.
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6 | "Animal control facility" means any facility operated by or
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7 | under contract for the State,
county, or any municipal | ||||||
8 | corporation or political subdivision of the State
for the | ||||||
9 | purpose of impounding or harboring seized, stray, homeless,
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10 | abandoned or unwanted dogs, cats, and other animals. "Animal | ||||||
11 | control
facility" also means any
veterinary hospital or clinic | ||||||
12 | operated by a veterinarian or veterinarians
licensed under the | ||||||
13 | Veterinary Medicine and Surgery Practice Act of 2004 which
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14 | operates for the above mentioned purpose in addition to its | ||||||
15 | customary purposes.
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16 | "Animal shelter" means a facility operated, owned, or | ||||||
17 | maintained by a duly
incorporated humane society, animal | ||||||
18 | welfare society, or other non-profit
organization for the | ||||||
19 | purpose of providing for and promoting the welfare,
protection, | ||||||
20 | and humane treatment of animals. "Animal shelter" also means | ||||||
21 | any
veterinary hospital or clinic operated by a veterinarian or | ||||||
22 | veterinarians
licensed under the Veterinary Medicine and | ||||||
23 | Surgery Practice Act of 2004 which
operates for the above | ||||||
24 | mentioned purpose in addition to its customary purposes.
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25 | "Foster home" means an entity that accepts the | ||||||
26 | responsibility for
stewardship of animals that are the |
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1 | obligation of an animal shelter, not to
exceed 4 animals at any | ||||||
2 | given time. Permits to operate as a "foster home"
shall be | ||||||
3 | issued through the animal shelter.
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4 | "Guard dog service" means an entity that, for a fee, | ||||||
5 | furnishes or leases
guard or sentry dogs for the protection of | ||||||
6 | life or property. A person
is not a guard dog service solely | ||||||
7 | because he or she owns a dog and uses it to
guard his or her | ||||||
8 | home, business, or farmland.
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9 | "Guard dog" means a type of dog used primarily for the | ||||||
10 | purpose of defending,
patrolling, or protecting property or | ||||||
11 | life at a commercial establishment
other than a farm. "Guard | ||||||
12 | dog" does not include stock dogs used primarily for
handling | ||||||
13 | and controlling livestock or farm animals, nor does it include
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14 | personally owned pets that also provide security.
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15 | "Sentry dog" means a dog trained to work without | ||||||
16 | supervision in a fenced
facility other than a farm, and to | ||||||
17 | deter or detain unauthorized persons found
within the facility.
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18 | "Probationary status" means the 12-month period following | ||||||
19 | a series of violations of this Act during which any further | ||||||
20 | violation shall result in an automatic 12-month suspension of | ||||||
21 | licensure.
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22 | (Source: P.A. 93-281, eff. 12-31-03.)
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23 | (225 ILCS 605/20.5 new) | ||||||
24 | Sec. 20.5. Administrative fines. The following | ||||||
25 | administrative fines shall be imposed by the Department upon |
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1 | any person or entity who violates any provision of this Act or | ||||||
2 | any rule adopted by the Department under this Act: | ||||||
3 | (1) For the first violation, a fine of $200. | ||||||
4 | (2) For a second violation that occurs within 3 years | ||||||
5 | after the first violation, a fine of $500. | ||||||
6 | (3) For a third violation that occurs within 3 years | ||||||
7 | after the first violation, mandatory probationary status | ||||||
8 | and a fine of $1,000. | ||||||
9 | Section 10. The Animal Control Act is amended by changing | ||||||
10 | Sections 9, 11, and 15.3 and by adding Sections 2.17c and 15.4 | ||||||
11 | as follows:
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12 | (510 ILCS 5/2.17c new) | ||||||
13 | Sec. 2.17c. "Potentially dangerous dog" means a dog that is | ||||||
14 | unsupervised and found running at large with 3 or more other | ||||||
15 | dogs.
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16 | (510 ILCS 5/9) (from Ch. 8, par. 359)
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17 | Sec. 9. Any dog found running at large contrary to | ||||||
18 | provisions of this Act
may
be apprehended and impounded. For | ||||||
19 | this purpose, the Administrator shall
utilize any existing or | ||||||
20 | available animal control facility or licensed animal shelter. | ||||||
21 | The dog's owner shall pay a $25 public safety fine, $20 of | ||||||
22 | which shall be deposited into the Pet Population Control Fund | ||||||
23 | and $5 of which shall be retained by the county or |
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1 | municipality. A dog found running at large contrary to the | ||||||
2 | provisions of this Act a second or subsequent time must be | ||||||
3 | spayed or neutered within 30 days after being reclaimed unless | ||||||
4 | already spayed or neutered; failure to comply shall result in | ||||||
5 | impoundment.
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6 | A dog that is actively engaged in a legal hunting activity, | ||||||
7 | including training, is not considered to be running at large if | ||||||
8 | the dog is on land that is open to hunting or on land on which | ||||||
9 | the person has obtained permission to hunt or to train a dog. A | ||||||
10 | dog that is in a dog-friendly area or dog park is not | ||||||
11 | considered to be running at large if the dog is monitored or | ||||||
12 | supervised by a person.
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13 | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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14 | (510 ILCS 5/11) (from Ch. 8, par. 361)
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15 | Sec. 11. When not redeemed by the owner, agent, or | ||||||
16 | caretaker, a dog or cat must be scanned for a microchip. If a | ||||||
17 | microchip is present, the registered owner must be notified. | ||||||
18 | After contact has been made or attempted, dogs or cats deemed | ||||||
19 | adoptable by the animal control facility shall be offered for | ||||||
20 | adoption, or made available to a licensed humane society or | ||||||
21 | rescue group. If no placement is available, it shall be
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22 | humanely dispatched pursuant to the Humane Euthanasia in Animal | ||||||
23 | Shelters
Act. An animal pound
or animal shelter shall not adopt | ||||||
24 | or release any dog or cat to anyone other than the owner
when | ||||||
25 | not redeemed by
the owner unless the animal has been rendered |
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1 | incapable of
reproduction
and microchipped, or the person | ||||||
2 | wishing to adopt
an animal prior
to the surgical procedures | ||||||
3 | having been performed shall have executed a written
agreement | ||||||
4 | promising to have such service performed, including
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5 | microchipping, within
a specified period
of time not to exceed | ||||||
6 | 30 days. Failure to fulfill the terms of the
agreement shall | ||||||
7 | result in
seizure and impoundment of the animal and any | ||||||
8 | offspring by the animal pound or shelter, and
any monies which | ||||||
9 | have been deposited shall be forfeited and submitted to the Pet | ||||||
10 | Population Control Fund on a yearly basis. This Act shall not
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11 | prevent humane societies from engaging in activities set forth | ||||||
12 | by their
charters; provided, they are not inconsistent with | ||||||
13 | provisions of this Act
and other existing laws. No animal | ||||||
14 | shelter or animal control facility shall
release dogs or cats | ||||||
15 | to an individual representing a rescue group, unless the
group | ||||||
16 | has been licensed or has a foster care permit issued by the | ||||||
17 | Illinois Department of Agriculture or
is a representative of a | ||||||
18 | not-for-profit out-of-state organization. The Department may | ||||||
19 | suspend or
revoke the license of
any animal shelter or animal | ||||||
20 | control facility that fails to comply with the
requirements set | ||||||
21 | forth in this Section or that fails to report its intake and | ||||||
22 | euthanasia statistics each year.
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23 | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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24 | (510 ILCS 5/15.3)
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25 | Sec. 15.3. Dangerous dog; appeal.
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1 | (a) The owner of a dog found to be a dangerous dog pursuant | ||||||
2 | to this Act by
an
Administrator may file a complaint against | ||||||
3 | the Administrator in the circuit
court within
35 days of | ||||||
4 | receipt of notification of the determination, for a de novo | ||||||
5 | hearing
on the
determination. The proceeding shall be conducted | ||||||
6 | as a civil hearing pursuant to
the
Illinois Rules of Evidence | ||||||
7 | and the Code of Civil Procedure, including the
discovery
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8 | provisions. After hearing both parties' evidence, the court may | ||||||
9 | make a
determination of
dangerous dog if the Administrator | ||||||
10 | meets his or her burden of proof of a preponderance of the | ||||||
11 | evidence
of clear
and
convincing evidence . The final order of | ||||||
12 | the circuit court may be appealed
pursuant to the
civil appeals | ||||||
13 | provisions of the Illinois Supreme Court Rules.
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14 | (b) The owner of a dog found to be a dangerous dog pursuant | ||||||
15 | to this Act by
the
Director may, within 14 days of receipt of | ||||||
16 | notification of the determination,
request an
administrative | ||||||
17 | hearing to appeal the determination. The administrative | ||||||
18 | hearing
shall be
conducted pursuant to the Department of | ||||||
19 | Agriculture's rules applicable to
formal
administrative | ||||||
20 | proceedings, 8 Ill. Adm. Code Part 1, SubParts A and B. An
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21 | owner
desiring
a
hearing shall make his or her request for a | ||||||
22 | hearing to the Illinois Department
of
Agriculture. The final | ||||||
23 | administrative decision of the Department may be
reviewed
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24 | judicially by the circuit court of the county wherein the | ||||||
25 | person resides or, in
the case of a
corporation, the county | ||||||
26 | where its registered office is located. If the
plaintiff in a |
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1 | review
proceeding is not a resident of Illinois, the venue | ||||||
2 | shall be in Sangamon
County. The
Administrative Review Law and | ||||||
3 | all amendments and modifications thereof, and the
rules
adopted | ||||||
4 | thereto, apply to and govern all proceedings for the judicial | ||||||
5 | review of
final
administrative decisions of the Department | ||||||
6 | hereunder.
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7 | (c) Until the order has been reviewed and at all times | ||||||
8 | during the appeal
process,
the owner shall comply with the | ||||||
9 | requirements set forth by the Administrator,
the court, or
the | ||||||
10 | Director.
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11 | (d) At any time after a final order has been entered, the | ||||||
12 | owner may petition
the
circuit court to reverse the designation | ||||||
13 | of dangerous dog.
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14 | (Source: P.A. 93-548, eff. 8-19-03.)
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15 | (510 ILCS 5/15.4 new) | ||||||
16 | Sec. 15.4. Potentially dangerous dog. A dog found running | ||||||
17 | at large and unsupervised with 3 or more other dogs may be | ||||||
18 | deemed a potentially dangerous dog by the animal control warden | ||||||
19 | or administrator. Potentially dangerous dogs shall be spayed or | ||||||
20 | neutered and microchipped within 14 days of reclaim. The | ||||||
21 | designation of "potentially dangerous dog" shall expire 12 | ||||||
22 | months after the most recent violation of this Section. Failure | ||||||
23 | to comply with this Section will result in impoundment of the | ||||||
24 | dog or a fine of $500.
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