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1 | | facility or law enforcement officer with jurisdiction the next |
2 | | business day. Any animal shelter that impounds or accepts a |
3 | | stray dog or cat and does not transfer the animal to the local |
4 | | animal control or law enforcement official by the
next business |
5 | | day shall be in violation of this Act and shall be fined. An |
6 | | animal shelter may only accept an animal from its owner if the |
7 | | owner signs a relinquishment form that states he or she is the |
8 | | owner of the animal, an animal shelter licensed under this Act, |
9 | | or an out-of-state animal control facility, rescue group, or |
10 | | animal shelter that is duly licensed in their state or is a |
11 | | not-for-profit organization. |
12 | | (c) No representative of an animal shelter may enter upon |
13 | | private property and remove
an animal, nor can any |
14 | | representative of an animal shelter direct another person to |
15 | | enter upon private property and remove an animal, without a |
16 | | search warrant or court order. Any animal shelter that impounds |
17 | | an animal without approval from the Department shall be fined |
18 | | and is subject to a suspension or revocation of its license at |
19 | | an administrative hearing by the Department. |
20 | | (d) An animal shelter that accepts animals from animal |
21 | | shelters or animal control facilities from out of state must |
22 | | require a certificate of veterinary inspection from the state |
23 | | where the animal originates. If the animal accepted is a dog |
24 | | over the age of 4 months, it must be vaccinated for rabies and |
25 | | listed as such on the certificate of veterinary inspection. |
26 | | (e) Nothing in this Section limits an animal shelter and an |
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1 | | animal control facility that,
through mutual agreement, wish to |
2 | | enter into an agreement for animal control, boarding, holding, |
3 | | or other services, provided that the agreement requires that |
4 | | the parties
adhere to the provisions of the Animal Control Act, |
5 | | the Humane Euthanasia in Animal Shelters Act, and the Humane |
6 | | Care for Animals Act.
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7 | | (Source: P.A. 96-314, eff. 8-11-09.)
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8 | | (225 ILCS 605/10) (from Ch. 8, par. 310)
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9 | | Sec. 10. Grounds for discipline. The Department may refuse |
10 | | to issue or
renew or may suspend or
revoke a license on any one |
11 | | or more of the following grounds:
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12 | | a. Material misstatement in the application for original |
13 | | license or in
the application for any renewal license under |
14 | | this Act;
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15 | | b. A violation of this Act or of any regulations
or
rules |
16 | | issued pursuant thereto;
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17 | | c. Aiding or abetting another in the violation of this Act |
18 | | or
of any regulation or rule issued pursuant thereto;
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19 | | d. Allowing one's license under this Act to be used by an |
20 | | unlicensed
person;
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21 | | e. Conviction of any crime an essential element of which is
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22 | | misstatement, fraud or dishonesty or conviction of any felony, |
23 | | if the
Department determines, after investigation, that such |
24 | | person has not been
sufficiently rehabilitated to warrant the |
25 | | public trust;
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1 | | f. Conviction of a violation of any law of Illinois except |
2 | | minor
violations such as traffic violations and violations not |
3 | | related to the
disposition of dogs, cats and other animals or |
4 | | any rule or regulation of
the Department relating to dogs or |
5 | | cats and sale thereof;
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6 | | g. Making substantial misrepresentations or false promises |
7 | | of a
character likely to influence, persuade or induce in |
8 | | connection with the
business of a licensee under this Act;
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9 | | h. Pursuing a continued course of misrepresentation of or |
10 | | making false
promises through advertising, salesman, agents or |
11 | | otherwise in connection
with the business of a licensee under |
12 | | this Act;
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13 | | i. Failure to possess the necessary qualifications or to |
14 | | meet the
requirements of the Act for the issuance or holding a |
15 | | license; or
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16 | | j. Proof that the licensee is guilty of gross negligence,
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17 | | incompetency, or cruelty with regard to animals.
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18 | | The Department may refuse to issue or may suspend the |
19 | | license
of any person who fails to file a return, or to pay the |
20 | | tax, penalty or
interest shown in a filed return, or to pay any |
21 | | final assessment of tax,
penalty or interest, as required by |
22 | | any tax Act administered by the
Illinois Department of Revenue, |
23 | | until such time as the requirements of any
such tax Act are |
24 | | satisfied.
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25 | | The Department may order any licensee to cease operation |
26 | | for a period not
to exceed 72 hours to correct deficiencies in |
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1 | | order to meet licensing
requirements. |
2 | | If the Department revokes a license under this Act at an |
3 | | administrative hearing, the licensee shall be prohibited from |
4 | | applying for or obtaining a license under this Act for at least |
5 | | 3 years after the revocation.
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6 | | (Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97; |
7 | | 90-403, eff.
8-15-97.)
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8 | | Section 10. The Humane Care for Animals Act is amended by |
9 | | changing Section 9 as follows:
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10 | | (510 ILCS 70/9) (from Ch. 8, par. 709)
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11 | | Sec. 9. Humane investigators; qualifications. The |
12 | | Department shall, by rule or regulation, establish reasonable
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13 | | qualifications for approved humane investigators and shall |
14 | | maintain a
current listing of all approved humane investigators |
15 | | which shall be
available for public inspection. These |
16 | | qualifications shall
include, but
need not be limited to, a |
17 | | knowledge of the provisions of this Act and its rules and |
18 | | regulations and expertise in the
investigation of complaints |
19 | | relating to the care and treatment of animals.
Persons |
20 | | designated as humane investigators shall cooperate, when |
21 | | requested,
in
completing routine investigations and filing |
22 | | reports of violations of this Act
received by the Department. |
23 | | Persons designated as humane investigators shall notify local |
24 | | law enforcement or the local animal control agency prior to |
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1 | | conducting an investigation into a complaint within the |
2 | | jurisdiction of such law enforcement or animal control agency.
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3 | | Employees of the Department may be assigned as Department |
4 | | investigators. |
5 | | A person designated as a humane investigator may have his |
6 | | or her approval suspended or revoked if: |
7 | | (1) the person identifies himself or herself as a |
8 | | government employee and not as an approved
humane |
9 | | investigator sponsored by a licensed animal shelter or |
10 | | humane society; |
11 | | (2) the person gives false or misleading information to |
12 | | a State's Attorney, law enforcement official, licensed |
13 | | animal control agency, or the Department; |
14 | | (3) the person impounds an animal without obtaining the |
15 | | required impoundment number and approval from the |
16 | | Department; or |
17 | | (4) the person identifies a violation of Section 3 or |
18 | | other Section of this Act and fails to give proper |
19 | | notification to correct the violation. |
20 | | The animal shelter or humane society sponsoring a person |
21 | | designated as a humane investigator shall be fined and is |
22 | | subject to have its license suspended or revoked if the person |
23 | | designated as a humane investigator is found to have committed |
24 | | one of the infractions listed in this Section in an |
25 | | administrative hearing by the Department.
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26 | | (Source: P.A. 88-600, eff. 9-1-94.)".
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