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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,
| ||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Animal Control Act is amended by changing | ||||||||||||||||||||||||||||||||||||||||
5 | Sections 2, 2.11a, 15, 15.1, 15.2, 15.3, 24, and 26 and by | ||||||||||||||||||||||||||||||||||||||||
6 | adding Section 2.20 as follows:
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7 | (510 ILCS 5/2) (from Ch. 8, par. 352)
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8 | Sec. 2. Definitions.
As used in this Act, unless the | ||||||||||||||||||||||||||||||||||||||||
9 | context otherwise requires, the terms
specified in the | ||||||||||||||||||||||||||||||||||||||||
10 | following Sections 2.01 through 2.19 have the meanings ascribed | ||||||||||||||||||||||||||||||||||||||||
11 | to them
in those Sections.
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12 | (Source: P.A. 78-795.)
| ||||||||||||||||||||||||||||||||||||||||
13 | (510 ILCS 5/2.11a)
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14 | Sec. 2.11a. "Enclosure" means a fence or structure of at
| ||||||||||||||||||||||||||||||||||||||||
15 | least 6 feet in height, forming or causing an enclosure | ||||||||||||||||||||||||||||||||||||||||
16 | suitable to
prevent the entry of young children, and suitable | ||||||||||||||||||||||||||||||||||||||||
17 | to confine a vicious
dog in conjunction with other measures | ||||||||||||||||||||||||||||||||||||||||
18 | that may be taken by the owner
or keeper, such as tethering of | ||||||||||||||||||||||||||||||||||||||||
19 | the vicious dog within the enclosure.
The enclosure shall be | ||||||||||||||||||||||||||||||||||||||||
20 | securely enclosed and locked and designed with
secure sides, | ||||||||||||||||||||||||||||||||||||||||
21 | top, and bottom and shall be designed to prevent the
animal | ||||||||||||||||||||||||||||||||||||||||
22 | from escaping from the enclosure. If the enclosure is a room | ||||||||||||||||||||||||||||||||||||||||
23 | within a
residence, it cannot have direct ingress from or | ||||||||||||||||||||||||||||||||||||||||
24 | egress to the outdoors unless it leads directly to an enclosed | ||||||||||||||||||||||||||||||||||||||||
25 | pen and the door must be locked. A vicious dog
may be allowed | ||||||||||||||||||||||||||||||||||||||||
26 | to move about freely within the interior of the entire | ||||||||||||||||||||||||||||||||||||||||
27 | residence if it is
muzzled at all
times .
| ||||||||||||||||||||||||||||||||||||||||
28 | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
| ||||||||||||||||||||||||||||||||||||||||
29 | (510 ILCS 5/2.20 new) | ||||||||||||||||||||||||||||||||||||||||
30 | Sec. 2.20. Scheduled dog breed. "Scheduled dog breed" means |
| |||||||
| |||||||
1 | American Pit Bull Terrier, American Staffordshire Terrier, pit | ||||||
2 | bull, pit bull terrier, rottweiler, and Staffordshire Terrier.
| ||||||
3 | (510 ILCS 5/15) (from Ch. 8, par. 365)
| ||||||
4 | Sec. 15. (a) In order to have a dog deemed "vicious", the | ||||||
5 | Administrator,
Deputy
Administrator,
or law enforcement | ||||||
6 | officer must give notice of the
infraction that
is the basis of | ||||||
7 | the investigation to the owner, conduct a thorough
| ||||||
8 | investigation, interview
any witnesses, including the owner, | ||||||
9 | gather any existing medical records,
veterinary
medical | ||||||
10 | records or behavioral evidence, and make a detailed report | ||||||
11 | recommending
a
finding that the dog is a vicious dog and give | ||||||
12 | the report to the States
Attorney's Office and the
owner. The | ||||||
13 | Administrator, State's Attorney, Director or any citizen of the
| ||||||
14 | county in
which the dog exists may file a complaint in the | ||||||
15 | circuit court in the name of
the People of the
State of
| ||||||
16 | Illinois to deem a dog to be a vicious dog. Testimony of a | ||||||
17 | certified applied
behaviorist, a
board certified veterinary | ||||||
18 | behaviorist, or another recognized expert may be
relevant to | ||||||
19 | the
court's determination of whether the dog's behavior was | ||||||
20 | justified. The
petitioner must
prove the dog is a vicious dog | ||||||
21 | by clear and convincing evidence , except that if the dog is of | ||||||
22 | a scheduled dog breed there shall be a mandatory presumption | ||||||
23 | that the dog is a member of a vicious dog breed and that | ||||||
24 | membership shall be considered as a factor in the determination | ||||||
25 | of the dog as a vicious dog . The
Administrator shall determine | ||||||
26 | where the animal shall be confined during the
pendency of the | ||||||
27 | case.
| ||||||
28 | A dog may not be declared vicious if the court determines | ||||||
29 | the conduct of
the
dog was
justified because:
| ||||||
30 | (1) the threat, injury, or death was sustained by a | ||||||
31 | person who at the time
was
committing a crime or offense | ||||||
32 | upon the owner or custodian of the dog, or was committing a | ||||||
33 | willful trespass or other tort upon the premises or | ||||||
34 | property owned or occupied by the owner of the animal;
| ||||||
35 | (2) the injured, threatened, or killed person was |
| |||||||
| |||||||
1 | abusing,
assaulting,
or physically threatening the dog or | ||||||
2 | its offspring, or has in the past
abused,
assaulted, or | ||||||
3 | physically threatened the dog or its offspring; or
| ||||||
4 | (3) the dog was responding to pain or injury, or was | ||||||
5 | protecting itself, its
owner,
custodian, or member of its | ||||||
6 | household, kennel, or offspring.
| ||||||
7 | No dog shall be deemed "vicious" if it is a professionally | ||||||
8 | trained dog for
law
enforcement or guard duties. Vicious dogs | ||||||
9 | shall not be classified
in a manner that is specific as to | ||||||
10 | breed.
| ||||||
11 | If the burden of proof has been met, the court shall deem | ||||||
12 | the dog to be a
vicious dog.
| ||||||
13 | If a dog is found to be a vicious dog, the owner shall pay a | ||||||
14 | $100 public safety fine to be deposited into the Pet Population | ||||||
15 | Control Fund, the dog shall be spayed or
neutered within 10 | ||||||
16 | days of the finding at the expense of its
owner and | ||||||
17 | microchipped, if not already, and the dog shall be kept in an
| ||||||
18 | is subject to
enclosure. When the enclosure is anything other | ||||||
19 | than a room within a residence, the dog must be muzzled. If an | ||||||
20 | owner fails to comply with these requirements, the animal | ||||||
21 | control agency shall impound the dog and the owner shall pay a | ||||||
22 | $500 fine plus impoundment fees to the animal control agency | ||||||
23 | impounding the dog. The judge has the discretion to order a | ||||||
24 | vicious dog be euthanized. A dog found to be a vicious dog | ||||||
25 | shall not be released to the
owner until the Administrator, an | ||||||
26 | Animal Control Warden, or the
Director approves the enclosure. | ||||||
27 | No owner or
keeper of a vicious dog shall sell or give away the | ||||||
28 | dog without
approval from the Administrator or court. Whenever | ||||||
29 | an owner of a vicious dog relocates, he or she shall notify
| ||||||
30 | both the
Administrator of
County
Animal Control where he or she | ||||||
31 | has relocated and the Administrator of County
Animal Control | ||||||
32 | where he or she formerly resided.
| ||||||
33 | (a-5) The owner of a dog found to be a vicious dog must | ||||||
34 | carry full liability insurance for any damage, injury, or death | ||||||
35 | caused by the dog in an amount no less than the amount | ||||||
36 | established by rule by the Department.
|
| |||||||
| |||||||
1 | (b) It is unlawful, and beginning January 1, 2007 it is a | ||||||
2 | Class A misdemeanor punishable by a fine of at least $1,001,
| ||||||
3 | shall be unlawful for any person to keep or maintain any dog
| ||||||
4 | which has been found to be a vicious dog unless the dog is
kept | ||||||
5 | in an enclosure. The only times that a vicious dog may be | ||||||
6 | allowed out
of the enclosure are (1) if it is necessary for the | ||||||
7 | owner or keeper to
obtain veterinary care for the dog, (2) in | ||||||
8 | the case of an emergency or
natural disaster where the
dog's | ||||||
9 | life is threatened, or (3) to comply with the order of a
court | ||||||
10 | of competent jurisdiction, provided that the dog is securely | ||||||
11 | muzzled
and restrained with a leash not
exceeding 6 feet in | ||||||
12 | length, and shall be under the direct control and
supervision | ||||||
13 | of the owner or keeper of the dog or muzzled in its residence.
| ||||||
14 | Any dog which has been found to be a vicious dog and which | ||||||
15 | is not
confined to an enclosure shall be impounded by the | ||||||
16 | Administrator, an Animal
Control Warden, or the law enforcement | ||||||
17 | authority having jurisdiction in
such area.
| ||||||
18 | If the owner of the dog has not appealed the impoundment | ||||||
19 | order to the
circuit court in the county in which the animal | ||||||
20 | was impounded within 15
working days, the dog may be | ||||||
21 | euthanized.
| ||||||
22 | Upon filing a notice of appeal, the order of euthanasia | ||||||
23 | shall be
automatically stayed pending the outcome of the | ||||||
24 | appeal. The owner shall bear
the burden of timely notification | ||||||
25 | to animal control in writing.
| ||||||
26 | Guide dogs for the blind or hearing impaired, support dogs | ||||||
27 | for the
physically handicapped, and sentry, guard, or
| ||||||
28 | police-owned dogs are
exempt from this Section; provided, an | ||||||
29 | attack or injury to a person
occurs while the dog is performing | ||||||
30 | duties as expected. To qualify for
exemption under this | ||||||
31 | Section, each such dog shall be currently
inoculated against | ||||||
32 | rabies in accordance with Section 8
of this Act. It shall be | ||||||
33 | the duty of the owner of such exempted dog to
notify the | ||||||
34 | Administrator of changes of address. In the case of a sentry or
| ||||||
35 | guard dog, the owner shall keep the Administrator advised of | ||||||
36 | the location
where such dog will be stationed. The |
| |||||||
| |||||||
1 | Administrator shall provide police
and fire departments with a | ||||||
2 | categorized list of such exempted dogs, and
shall promptly | ||||||
3 | notify such departments of any address changes reported to him.
| ||||||
4 | (c) If the animal control agency has custody of the dog, | ||||||
5 | the agency may file a petition with the court requesting that | ||||||
6 | the owner be ordered to post security. The security must be in | ||||||
7 | an amount sufficient to secure payment of all reasonable | ||||||
8 | expenses expected to be incurred by the animal control agency | ||||||
9 | or animal shelter in caring for and providing for the dog | ||||||
10 | pending the determination. Reasonable expenses include, but | ||||||
11 | are not limited to, estimated medical care and boarding of the | ||||||
12 | animal for 30 days. If security has been posted in accordance | ||||||
13 | with this Section, the animal control agency may draw from the | ||||||
14 | security the actual costs incurred by the agency in caring for | ||||||
15 | the dog. | ||||||
16 | (d) Upon receipt of a petition, the court must set a | ||||||
17 | hearing on the petition, to be conducted within 5 business days | ||||||
18 | after the petition is filed. The petitioner must serve a true | ||||||
19 | copy of the petition upon the defendant. | ||||||
20 | (e) If the court orders the posting of security, the | ||||||
21 | security must be posted with the clerk of the court within 5 | ||||||
22 | business days after the hearing. If the person ordered to post | ||||||
23 | security does not do so, the dog is forfeited by operation of | ||||||
24 | law and the animal control agency must dispose of the animal | ||||||
25 | through adoption or humane euthanization.
| ||||||
26 | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
| ||||||
27 | (510 ILCS 5/15.1)
| ||||||
28 | Sec. 15.1. Dangerous dog determination.
| ||||||
29 | (a) After a thorough investigation
including: sending, | ||||||
30 | within 10 business days of the Administrator or Director | ||||||
31 | becoming
aware of the alleged infraction,
notifications to the | ||||||
32 | owner of the alleged infractions, the fact of the
initiation of | ||||||
33 | an investigation,
and
affording the owner an opportunity to | ||||||
34 | meet with the Administrator or
Director prior to the making of | ||||||
35 | a determination;
gathering of
any medical or veterinary |
| |||||||
| |||||||
1 | evidence; interviewing witnesses; and making a
detailed
| ||||||
2 | written report, an animal control warden, deputy | ||||||
3 | administrator, or law
enforcement agent
may ask the | ||||||
4 | Administrator, or his or her designee, or the Director, to deem | ||||||
5 | a
dog to be
"dangerous". No dog shall be deemed a "dangerous | ||||||
6 | dog" unless shown to be a dangerous dog by a preponderance of | ||||||
7 | evidence , except that if the dog is of a scheduled dog breed | ||||||
8 | there shall be a mandatory presumption that the dog is a member | ||||||
9 | of a dangerous dog breed and that membership shall be | ||||||
10 | considered a factor in the determination of the dog as a | ||||||
11 | dangerous dog . The owner shall be sent immediate notification | ||||||
12 | of the determination
by registered or certified mail that | ||||||
13 | includes a complete description of the
appeal
process.
| ||||||
14 | (b) A dog shall not be declared dangerous if the | ||||||
15 | Administrator,
or his or her designee, or the Director | ||||||
16 | determines the
conduct of the dog was justified because:
| ||||||
17 | (1) the threat was sustained by a person
who at the | ||||||
18 | time was committing a crime or offense upon the owner or
| ||||||
19 | custodian of the dog or was committing a willful trespass | ||||||
20 | or other tort upon the premises or property occupied by the | ||||||
21 | owner of the animal;
| ||||||
22 | (2) the threatened person was
abusing, assaulting, or | ||||||
23 | physically threatening the dog or
its offspring;
| ||||||
24 | (3) the injured, threatened, or killed companion | ||||||
25 | animal
was attacking or threatening to attack the dog or | ||||||
26 | its offspring; or
| ||||||
27 | (4) the dog was responding to pain or injury or was
| ||||||
28 | protecting itself, its owner, custodian, or a member of its | ||||||
29 | household,
kennel, or offspring.
| ||||||
30 | (c) Testimony of a certified applied behaviorist, a board | ||||||
31 | certified
veterinary behaviorist, or another recognized expert | ||||||
32 | may be relevant to
the determination of whether the dog's | ||||||
33 | behavior was
justified pursuant to the provisions of this | ||||||
34 | Section.
| ||||||
35 | (d) If deemed dangerous, the Administrator, or his or her | ||||||
36 | designee, or the
Director shall order (i) the dog's owner to |
| |||||||
| |||||||
1 | pay a $50 public safety fine to be deposited into the Pet | ||||||
2 | Population Control Fund, (ii) the dog to be spayed or neutered | ||||||
3 | within
14
days
at the
owner's expense and microchipped, if not | ||||||
4 | already, (iii) the dog to be restrained by a leash no greater | ||||||
5 | than 6 feet in length whenever outdoors or with access to | ||||||
6 | outdoors through an open or unlocked door, and (iv)
(iii) one | ||||||
7 | or more of the
following
as deemed appropriate under
the
| ||||||
8 | circumstances and necessary for the protection of the public:
| ||||||
9 | (1) evaluation of the dog by a certified applied | ||||||
10 | behaviorist, a
board certified veterinary behaviorist, or | ||||||
11 | another recognized expert in
the field and completion of | ||||||
12 | training or other treatment as deemed
appropriate by the | ||||||
13 | expert. The owner of the dog shall be responsible
for all | ||||||
14 | costs associated with evaluations and training ordered | ||||||
15 | under
this subsection; or
| ||||||
16 | (2) direct supervision by an adult 18 years of age or | ||||||
17 | older
whenever the animal is on public premises.
| ||||||
18 | (e) The owner of a dog found to be dangerous dog must carry | ||||||
19 | full liability insurance for any damage, injury, or death | ||||||
20 | caused by the dog in an amount no less than the amount | ||||||
21 | established by rule by the Department. The Administrator may | ||||||
22 | order a dangerous dog to be muzzled
whenever it is on public | ||||||
23 | premises in a manner that
will prevent
it from biting any | ||||||
24 | person or animal, but that shall not injure the dog or
| ||||||
25 | interfere with its
vision or respiration.
| ||||||
26 | (f) Guide dogs for the blind or hearing impaired, support | ||||||
27 | dogs for the
physically handicapped, and sentry, guard, or
| ||||||
28 | police-owned dogs are exempt from this Section; provided, an | ||||||
29 | attack or injury
to a person occurs while the dog is performing | ||||||
30 | duties as expected. To qualify
for exemption under this | ||||||
31 | Section, each such dog shall be currently inoculated
against | ||||||
32 | rabies in accordance with Section 8 of this Act and performing | ||||||
33 | duties
as expected. It shall be the duty
of the owner of the | ||||||
34 | exempted dog to notify the Administrator of changes of
address. | ||||||
35 | In the case of a sentry or guard dog, the owner shall keep the
| ||||||
36 | Administrator advised of the location where such dog will be |
| |||||||
| |||||||
1 | stationed. The
Administrator shall provide police and fire | ||||||
2 | departments with a categorized list
of the exempted dogs, and | ||||||
3 | shall promptly notify the departments of any
address changes | ||||||
4 | reported to him or her.
| ||||||
5 | (g) An animal control agency has the right to impound a | ||||||
6 | dangerous dog if the owner fails to comply with the | ||||||
7 | requirements of this Act.
| ||||||
8 | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
| ||||||
9 | (510 ILCS 5/15.2)
| ||||||
10 | Sec. 15.2. Dangerous and vicious dogs; criminal penalties. | ||||||
11 | (a) Through December 31, 2006, it
leash. It is unlawful for | ||||||
12 | any person to
knowingly or recklessly permit
any
dangerous
dog | ||||||
13 | to leave the premises of its owner when not under control by | ||||||
14 | leash or other
recognized control methods.
| ||||||
15 | (b) Beginning January 1, 2007, any person who knowingly or | ||||||
16 | recklessly permits a dangerous dog to leave the indoor premises | ||||||
17 | of its owner when not securely muzzled and under control by a | ||||||
18 | leash not greater than 6 feet in length is guilty of a Class A | ||||||
19 | misdemeanor, punishable by a fine of at least $1,001.
| ||||||
20 | (c) Beginning January 1, 2007, if a vicious or dangerous | ||||||
21 | dog causes a physical injury to a person, the dog's owner is | ||||||
22 | guilty of a Class 4 felony. If the injury is a serious physical | ||||||
23 | injury other than death or if the person is a minor child, a | ||||||
24 | person age 60 years or more, a physically disabled person of | ||||||
25 | any age, or a developmentally disabled person of any age, the | ||||||
26 | dog's owner is guilty of a Class 3 felony. Beginning January 1, | ||||||
27 | 2007, if a dangerous or vicious dog causes the death of a | ||||||
28 | person, the dog's owner is guilty of a Class 2 felony. If the | ||||||
29 | person whose death was caused by a dangerous or vicious dog was | ||||||
30 | a minor child, a person age 60 years or more, a physically | ||||||
31 | disabled person of any age, or a developmentally disabled | ||||||
32 | person of any age, the dog's owner is guilty of a Class 1 | ||||||
33 | felony. | ||||||
34 | (Source: P.A. 93-548, eff. 8-19-03.)
|
| |||||||
| |||||||
1 | (510 ILCS 5/15.3)
| ||||||
2 | Sec. 15.3. Dangerous dog; appeal.
| ||||||
3 | (a) The owner of a dog found to be a dangerous dog pursuant | ||||||
4 | to this Act by
an
Administrator may file a complaint against | ||||||
5 | the Administrator in the circuit
court within
35 days of | ||||||
6 | receipt of notification of the determination, for a de novo | ||||||
7 | hearing
on the
determination. The proceeding shall be conducted | ||||||
8 | as a civil hearing pursuant to
the
Illinois Rules of Evidence | ||||||
9 | and the Code of Civil Procedure, including the
discovery
| ||||||
10 | provisions. After hearing both parties' evidence, the court may | ||||||
11 | make a
determination of
dangerous dog if the Administrator | ||||||
12 | meets his or her burden of proof of clear
and
convincing | ||||||
13 | evidence , except that if the dog is of a scheduled dog breed | ||||||
14 | there shall be a mandatory presumption that the dog is a member | ||||||
15 | of a dangerous dog breed and that membership shall be | ||||||
16 | considered as a factor in the determination of the dog as a | ||||||
17 | dangerous dog . The final order of the circuit court may be | ||||||
18 | appealed
pursuant to the
civil appeals provisions of the | ||||||
19 | Illinois Supreme Court Rules.
| ||||||
20 | (b) The owner of a dog found to be a dangerous dog pursuant | ||||||
21 | to this Act by
the
Director may, within 14 days of receipt of | ||||||
22 | notification of the determination,
request an
administrative | ||||||
23 | hearing to appeal the determination. The administrative | ||||||
24 | hearing
shall be
conducted pursuant to the Department of | ||||||
25 | Agriculture's rules applicable to
formal
administrative | ||||||
26 | proceedings, 8 Ill. Adm. Code Part 1, SubParts A and B. An
| ||||||
27 | owner
desiring
a
hearing shall make his or her request for a | ||||||
28 | hearing to the Illinois Department
of
Agriculture. The final | ||||||
29 | administrative decision of the Department may be
reviewed
| ||||||
30 | judicially by the circuit court of the county wherein the | ||||||
31 | person resides or, in
the case of a
corporation, the county | ||||||
32 | where its registered office is located. If the
plaintiff in a | ||||||
33 | review
proceeding is not a resident of Illinois, the venue | ||||||
34 | shall be in Sangamon
County. The
Administrative Review Law and | ||||||
35 | all amendments and modifications thereof, and the
rules
adopted | ||||||
36 | thereto, apply to and govern all proceedings for the judicial |
| |||||||
| |||||||
1 | review of
final
administrative decisions of the Department | ||||||
2 | hereunder. In any hearing or review under this subsection, | ||||||
3 | there shall be a mandatory presumption that if the dog is of a | ||||||
4 | scheduled dog breed, then the dog is a member of a dangerous | ||||||
5 | dog breed and that membership shall be considered as a factor | ||||||
6 | in the determination of the dog as a dangerous dog.
| ||||||
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.
| ||||||
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.
| ||||||
14 | (Source: P.A. 93-548, eff. 8-19-03.)
| ||||||
15 | (510 ILCS 5/24) (from Ch. 8, par. 374)
| ||||||
16 | Sec. 24. Nothing in this Act shall be held to limit in any | ||||||
17 | manner the power
of any municipality or other political | ||||||
18 | subdivision to prohibit animals from
running at large, nor | ||||||
19 | shall anything in this Act be construed to, in any
manner, | ||||||
20 | limit the power of any municipality or other political | ||||||
21 | subdivision
to further control and regulate dogs, cats or other | ||||||
22 | animals in such
municipality or other political subdivision . | ||||||
23 | With respect to dogs, regulations and ordinances (i) may ban | ||||||
24 | one or more scheduled dog breeds and (ii) may be
provided that | ||||||
25 | no regulation or
ordinance is
specific to breed.
| ||||||
26 | (Source: P.A. 93-548, eff. 8-19-03.)
| ||||||
27 | (510 ILCS 5/26) (from Ch. 8, par. 376)
| ||||||
28 | Sec. 26. (a) Except as otherwise provided in this Act, any
| ||||||
29 | Any person violating or aiding in or abetting the violation
of | ||||||
30 | any provision of this Act, or counterfeiting or forging any | ||||||
31 | certificate,
permit, or tag, or making any misrepresentation in | ||||||
32 | regard to any matter
prescribed by this Act, or resisting, | ||||||
33 | obstructing, or impeding the
Administrator or any authorized | ||||||
34 | officer in enforcing this Act, or refusing
to produce for |
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1 | inoculation any dog in his possession, or who removes a tag | ||||||
2 | from
a dog for purposes of
destroying or concealing its | ||||||
3 | identity, is guilty of a Class C misdemeanor for a
first | ||||||
4 | offense and for a subsequent offense, is guilty of a Class B
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5 | misdemeanor.
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6 | Each day a person fails to comply constitutes a separate | ||||||
7 | offense. Each
State's Attorney to whom the Administrator | ||||||
8 | reports any violation of this
Act shall cause appropriate | ||||||
9 | proceedings to be instituted in the proper
courts without delay | ||||||
10 | and to be prosecuted in the manner provided by law.
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11 | (b) Through December 31, 2006, if
If the owner of a vicious | ||||||
12 | dog subject to enclosure:
| ||||||
13 | (1) fails to maintain or keep the dog in an enclosure | ||||||
14 | or fails to spay
or neuter the dog within the time period | ||||||
15 | prescribed; and
| ||||||
16 | (2) the dog inflicts serious physical injury upon any | ||||||
17 | other person or causes the death of
another person; 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
dog to run at large or failed to take | ||||||
23 | steps to keep the dog in an enclosure
then the owner shall be | ||||||
24 | guilty of a Class 3 felony. The penalty
provided in
this | ||||||
25 | paragraph shall be in addition to any other criminal or civil | ||||||
26 | sanction
provided by law.
| ||||||
27 | (c) If the owner of a dangerous dog knowingly fails to | ||||||
28 | comply with any
order
regarding the dog and the dog inflicts | ||||||
29 | serious physical
injury on a person or a companion animal, the | ||||||
30 | owner shall be guilty of a Class
A misdemeanor. Through | ||||||
31 | December 31, 2006, if
If the
owner of a dangerous dog knowingly | ||||||
32 | fails to comply with any order regarding the
dog and
the dog | ||||||
33 | kills a person the owner shall be guilty of a Class 4 felony.
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34 | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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35 | Section 99. Effective date. This Act takes effect upon |
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| |||||||
1 | becoming law.
|