Full Text of HB2719 94th General Assembly
HB2719ham001 94TH GENERAL ASSEMBLY
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Rep. Frank J. Mautino
Filed: 4/11/2005
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09400HB2719ham001 |
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LRB094 06477 RSP 44990 a |
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| AMENDMENT TO HOUSE BILL 2719
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| AMENDMENT NO. ______. Amend House Bill 2719 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Animal Control Act is amended by changing | 5 |
| Sections 2.04a, 2.05a, 2.11, 2.11a, 2.11b, 2.16, 2.19a, 2.19b, | 6 |
| 3, 5, 8, 9, 10, 11, 12, 13, 15, 15.1, 15.2, 19, 24, and 26 and | 7 |
| by adding Sections 2.01a, 2.02a, 2.02b, 2.04b, and 22.5 as | 8 |
| follows: | 9 |
| (510 ILCS 5/2.01a new)
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| Sec. 2.01a. "Administrative hearing officer" means an | 11 |
| individual appointed by the county board to hear cases | 12 |
| involving vicious dogs. The individual appointed shall be a | 13 |
| licensed attorney with experience in judicial proceedings | 14 |
| 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, | 17 |
| Animal Control Wardens, or the law enforcement authorities | 18 |
| charged with the enforcement of this Act. | 19 |
| (510 ILCS 5/2.02b new)
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| Sec. 2.02b. "Animal control facility" has the same meaning | 21 |
| as provided in the Humane Care for Animals Act.
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| (510 ILCS 5/2.04a)
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| Sec. 2.04a. "Cat" means all members of the family Felis | 3 |
| Domesticus
Felidae . | 4 |
| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/2.04b new)
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| Sec. 2.04b. "Companion animal" means an animal that is | 7 |
| commonly considered to be, or is considered by the owner to be, | 8 |
| a pet. "Companion animal" includes, but is not limited to, | 9 |
| canines, felines, and equines.
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| (510 ILCS 5/2.05a)
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| Sec. 2.05a. "Dangerous dog" means any individual dog when | 12 |
| unmuzzled,
unleashed, or unattended by its owner or custodian
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| that (i) behaves in a manner that a reasonable person would | 14 |
| believe poses
a serious and unjustified imminent threat of | 15 |
| serious physical injury or
death to a person or a companion | 16 |
| animal , or (ii) injures a companion animal, livestock, or | 17 |
| equidae
in a public place .
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| (Source: P.A. 93-548, eff. 8-19-03.)
| 19 |
| (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 | 27 |
| suitable to
prevent the entry of young children, and suitable | 28 |
| to confine a vicious
dog in conjunction with other measures | 29 |
| that may be taken by the owner
or keeper, such as tethering of | 30 |
| the vicious dog within the enclosure.
The enclosure shall be |
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| securely enclosed and locked at all times and designed with
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| secure sides, top, and bottom and shall be designed to prevent | 3 |
| the
animal from escaping from the enclosure. If the enclosure | 4 |
| is a room within a
residence, it cannot have direct ingress or | 5 |
| egress to the outdoors unless it leads directly to an approved | 6 |
| outside enclosure, and the door must be locked. A vicious dog
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| may be allowed to move about freely within the entire residence | 8 |
| if it is
muzzled at all
times.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/2.11b)
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| Sec. 2.11b. "Feral cat" means a cat that (i) is born or | 12 |
| living in the wild or is the
offspring
of
a
an owned
or feral | 13 |
| cat and is not socialized , or (ii) is a formerly owned cat that | 14 |
| has
been abandoned
and is no longer socialized or lives on a | 15 |
| farm.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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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 | 19 |
| property in an
animal, or who keeps or harbors an animal, or | 20 |
| who has it
in his
care, or acts as its custodian or who | 21 |
| knowingly permits a dog or cat to remain on or about any | 22 |
| premises occupied by that person .
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/2.19a)
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| Sec. 2.19a. "Serious physical injury" means a physical | 26 |
| injury that
creates a substantial risk of death or that causes | 27 |
| death, serious or
protracted disfigurement, protracted | 28 |
| impairment of health,
impairment of the function of any bodily | 29 |
| organ, or plastic surgery.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/2.19b)
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| Sec. 2.19b. "Vicious dog" means (i) a dog that , without | 3 |
| justification,
attacks a person and causes physical injury, | 4 |
| serious physical injury ,
or death , (ii) a dog that, while off | 5 |
| its owner's property, kills any companion animal, livestock, or | 6 |
| equidae, or (iii) any individual dog that has been found to be | 7 |
| a "dangerous
dog" upon 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 | 11 |
| County Board
shall appoint an Administrator. Appointments | 12 |
| shall be made as
necessary to keep this position filled at all | 13 |
| times. The Administrator
may appoint as many Deputy | 14 |
| Administrators and Animal Control Wardens to
aid him or her as | 15 |
| authorized by the Board. The compensation for the
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| Administrator, Deputy Administrators, and Animal Control | 17 |
| Wardens shall
be fixed by the Board. The Administrator may be | 18 |
| removed from office by
the County Board Chairman, with the | 19 |
| consent of the County Board.
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| The Board shall provide necessary personnel, training, | 21 |
| equipment,
supplies, and
facilities, and shall operate pounds | 22 |
| or contract for their operation as
necessary to effectuate the | 23 |
| program. The Board may enter into contracts
or agreements with | 24 |
| persons to assist in the operation of the program.
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| The Board shall be empowered to utilize monies from their | 26 |
| General
Corporate Fund to effectuate the intent of this Act.
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| The Board shall
is authorized by ordinance to require the | 28 |
| registration of dogs and may require the registration of cats | 29 |
| and
may require microchipping of
dogs and cats . The Board
and | 30 |
| shall
impose an individual dog or cat
animal and litter | 31 |
| registration fee. All persons
selling dogs or cats or keeping | 32 |
| registries of dogs or cats shall
cooperate and
provide
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| information
to the Administrator as required by Board |
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| ordinance, including sales,
number of litters, and
ownership
of | 2 |
| dogs and cats. If microchips are required, the microchip number | 3 |
| may
shall
serve as the county animal
control registration | 4 |
| number. All
microchips shall have an operating frequency of 125 | 5 |
| kilohertz.
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| In obtaining information required to implement this Act, | 7 |
| the Department
shall have power to subpoena and bring before it | 8 |
| any person in this State
and to take testimony either orally or | 9 |
| by deposition, or both, with the
same fees and mileage and in | 10 |
| the same manner as prescribed by law for civil
cases in courts | 11 |
| of this State.
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| The Director shall have power to
administer
oaths to | 13 |
| 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 | 15 |
| 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.)
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| (510 ILCS 5/5) (from Ch. 8, par. 355)
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| Sec. 5. Duties and powers.
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| (a) It shall be the duty of the Administrator or the Deputy
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| Administrator, through sterilization,
humane education, rabies
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| inoculation, stray control, impoundment, quarantine, and any | 23 |
| other means deemed
necessary, to control and prevent the spread | 24 |
| of rabies and
to exercise dog and cat overpopulation control. | 25 |
| It
shall
also be the duty of the Administrator to investigate | 26 |
| and substantiate all
claims made under Section 19 of this Act.
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| (b) Counties may by ordinance determine the extent of the | 28 |
| police powers
that may be exercised by the Administrator, | 29 |
| Deputy Administrators, and Animal
Control Wardens, which
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| powers shall pertain only to this Act. The Administrator, | 31 |
| Deputy
Administrators, and Animal Control Wardens may issue and | 32 |
| serve citations and
orders for violations of
this Act. The
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| Administrator, Deputy Administrators, and Animal Control |
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| Wardens may not
carry weapons unless they have been
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| specifically authorized to carry weapons by county ordinance. | 3 |
| Animal Control
Wardens, however, may use tranquilizer guns and | 4 |
| other nonlethal weapons and
equipment without specific
weapons | 5 |
| authorization.
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| A person authorized to carry firearms by county ordinance | 7 |
| under this
subsection must have completed the training course | 8 |
| for peace officers
prescribed in the Peace Officer Firearm | 9 |
| Training Act. The cost of this
training
shall be paid by the | 10 |
| county.
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| (c) The sheriff and all sheriff's deputies and municipal
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| police officers shall cooperate with the Administrator and his | 13 |
| or her
representatives in carrying out the
provisions of this | 14 |
| Act.
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| (d) The Administrator and Animal Control Wardens shall aid | 16 |
| in the enforcement of the provisions of the Humane Care for | 17 |
| Animals Act and have the ability to impound animals and apply | 18 |
| for security postings for violations of that Act.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/8) (from Ch. 8, par. 358)
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| Sec. 8. Vaccinations; exceptions.
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| (a) Every owner of a dog or a cat 4 months or more of age | 23 |
| shall have each dog
or cat inoculated against rabies
by a | 24 |
| licensed veterinarian and every dog owner shall purchase a | 25 |
| rabies inoculation tag for the county in which the animal | 26 |
| resides . Every dog or cat shall
have a second rabies | 27 |
| vaccination within one year of the first. Terms of
subsequent
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| vaccine administration and duration of immunity must be in | 29 |
| compliance with USDA
licenses of vaccines used. Evidence of | 30 |
| such rabies
inoculation shall be entered on a certificate the | 31 |
| form of which shall be
approved by the Board and which shall be | 32 |
| signed by the licensed
veterinarian administering the vaccine. | 33 |
| Veterinarians who inoculate a dog
shall procure from the County |
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| Animal
Control in the county in which their office is located | 2 |
| serially
numbered rabies inoculation tags, one to be issued | 3 |
| with each inoculation certificate at the fee established by the | 4 |
| Board . Only one dog
shall be included on each certificate. The | 5 |
| veterinarian immunizing or
microchipping an animal
shall
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| provide the
Administrator of the county in which the animal | 7 |
| resides with a certificate of immunization and microchip | 8 |
| number. The
Board shall cause a rabies
inoculation tag to be | 9 |
| issued, at a fee established by the Board
for each
dog | 10 |
| inoculated against rabies.
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| Rabies vaccine for use on animals shall only be sold to,
or | 12 |
| distributed to, and used by
only to
licensed veterinarians. | 13 |
| Such rabies vaccine shall be
licensed by the United States | 14 |
| Department of Agriculture. | 15 |
| (b) If a licensed veterinarian determines in writing that a | 16 |
| rabies inoculation would compromise a dog's or cat's health, | 17 |
| then the animal is exempt from the rabies inoculation | 18 |
| requirement. However, the owner of an exempt animal is still | 19 |
| responsible for the registration of the animal and the | 20 |
| registration fees. | 21 |
| (c) The Board is authorized to require rabies inoculation | 22 |
| tags to be issued for cats. If the Board requires the issuance | 23 |
| of rabies inoculation tags for cats, this Section shall apply. | 24 |
| This Section does not apply to feral cats.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/9) (from Ch. 8, par. 359)
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| Sec. 9. Impoundment.
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| (a) Any dog found running at large contrary to provisions | 29 |
| of this Act
may
be apprehended and impounded. For this purpose, | 30 |
| the Administrator shall
utilize any existing or available | 31 |
| animal control facility or licensed animal shelter . | 32 |
| (b) Upon receiving a complaint of a suspected violation of | 33 |
| Sections 3, 3.01, 3.02, or 3.03 of the Humane Care for Animals |
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| Act, the Animal Control Administrator and Animal Control | 2 |
| Wardens may, for the purpose of investigating the allegations | 3 |
| of the complaint, enter upon any premises where the animal or | 4 |
| animals described in the complaint are housed or kept, provided | 5 |
| that the entry shall not be made into any building that is a | 6 |
| person's residence, except by search warrant or court order. | 7 |
| This shall not authorize the entry of any institution operating | 8 |
| under a federal license to conduct laboratory experimentation | 9 |
| using animals for research or medical purposes. | 10 |
| (c) When an Animal Control Administrator or Animal Control | 11 |
| Warden finds that a violation of Sections 3, 3.01, 3.02, or | 12 |
| 3.03 of the Humane Care for Animals Act has rendered an animal | 13 |
| in such a condition that no remedy or corrective action by the | 14 |
| owner is possible, the animal may be impounded. If impounded, | 15 |
| the animal shall be impounded in a facility or at another | 16 |
| location where the elements of good care as set forth in | 17 |
| Section 3 of the Humane Care for Animals Act can be provided | 18 |
| and where such animals shall be examined and treated by a | 19 |
| licensed veterinarian, or, if the animal is severely injured, | 20 |
| diseased, or suffering, humanely euthanized. Any expense | 21 |
| incurred in the impoundment shall become a lien on the animal | 22 |
| and shall be borne by the owner.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/10) (from Ch. 8, par. 360)
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| Sec. 10. Impoundment; redemption.
When dogs or cats are | 26 |
| apprehended and impounded by the Administrator,
they must be | 27 |
| scanned for the presence of a microchip. The
Administrator | 28 |
| shall make every reasonable attempt to contact the owner or | 29 |
| feral cat caretaker as soon
as possible. The Administrator | 30 |
| shall give notice of not less than 7 business
days to the owner | 31 |
| prior to disposal of the animal. Such notice shall be mailed
to | 32 |
| the last known address of the owner. Testimony of the | 33 |
| Administrator, or his
or her authorized agent, who mails such |
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| notice shall be evidence of the receipt
of such notice by the | 2 |
| owner of the animal.
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| In case the owner of any impounded dog or cat desires to | 4 |
| make redemption
thereof, he or she shall
may do so
only upon
on | 5 |
| the following conditions:
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| a. presenting
present proof of current rabies | 7 |
| inoculation ,
and registration, if applicable ; , or
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| b. paying
pay for the rabies inoculation of the dog or | 9 |
| cat ,
and registration, if applicable ; , and
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| c. paying
pay the animal control facility
pound for the | 11 |
| board and any medical costs incurred by
of the dog or cat | 12 |
| for
the period it was impounded ; and ,
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| d. paying
pay into the Animal Control Fund an | 14 |
| additional
impoundment fee as prescribed by the Board as a | 15 |
| penalty for the
first offense and for each subsequent | 16 |
| offense .
; and
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| e.
pay for microchipping and registration if not | 18 |
| already
done.
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| Animal control facilities that are open to the public 7 | 20 |
| days per week for
animal reclamation are exempt from the | 21 |
| business day requirement.
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| The payments required for redemption under this Section | 23 |
| shall be in
addition to any other penalties invoked under this | 24 |
| Act.
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| (Source: P.A. 93-548, eff. 8-19-03; revised 10-9-03.)
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| (510 ILCS 5/11) (from Ch. 8, par. 361)
| 27 |
| Sec. 11. When not redeemed by the owner, a dog or cat that | 28 |
| has been
impounded shall be
humanely dispatched pursuant to the | 29 |
| Humane Euthanasia in Animal Shelters
Act or offered for
| 30 |
| adoption. An animal control facility
pound
or animal shelter | 31 |
| shall not release any dog or cat when not redeemed by
the owner | 32 |
| unless the animal has been surgically rendered incapable of
| 33 |
| reproduction
by spaying or neutering and microchipped , or the |
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| person wishing to adopt
an animal prior
to the surgical | 2 |
| procedures having been performed shall have executed a written
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| agreement promising to have such service performed , including
| 4 |
| microchipping, within
a specified period
of time not to exceed | 5 |
| 30 days. Failure to fulfill the terms of the
agreement shall | 6 |
| result in
seizure and impoundment of the animal and any | 7 |
| offspring by the animal control facility
pound or shelter, and
| 8 |
| any monies which have been deposited shall be forfeited. This | 9 |
| Act shall not
prevent humane societies from engaging in | 10 |
| activities set forth by their
charters; provided, they are not | 11 |
| inconsistent with provisions of this Act
and other existing | 12 |
| laws. No animal shelter or animal control facility shall
| 13 |
| release dogs or cats to an individual representing a rescue | 14 |
| group unless the
group has been licensed by or has a foster | 15 |
| care permit issued by the Illinois Department of Agriculture or | 16 |
| another state
or
incorporated as a not-for-profit | 17 |
| organization . The Department may suspend or
revoke the license | 18 |
| of
any animal shelter or animal control facility that fails to | 19 |
| comply with the
requirements set forth in this Section or fails | 20 |
| to report its intake or euthanasia statistics each year. .
| 21 |
| (Source: P.A. 92-449, eff. 1-1-02; 93-548, eff. 8-19-03.)
| 22 |
| (510 ILCS 5/12) (from Ch. 8, par. 362)
| 23 |
| Sec. 12. Rabies.
The owner of any animal which exhibits | 24 |
| clinical
signs of
rabies, whether or not the animal has been | 25 |
| inoculated
against
rabies, shall immediately notify the | 26 |
| Administrator or, if the Administrator
is
not a
veterinarian, | 27 |
| the Deputy Administrator, and shall promptly
confine the | 28 |
| animal, or have it confined, under
suitable
observation, for a | 29 |
| period of at least 10 days, unless officially authorized
by the | 30 |
| Administrator or, if the Administrator is not a veterinarian, | 31 |
| the
Deputy
Administrator, in writing, to release it sooner. Any
| 32 |
| animal that has had direct contact with the
animal and that has | 33 |
| not been inoculated against rabies, shall
be
confined as |
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| recommended by the Administrator or, if the Administrator is | 2 |
| not
a
veterinarian, the Deputy Administrator. If an owner fails | 3 |
| to confine the animal, animal control shall impound the animal | 4 |
| and the owner shall be responsible for the costs incurred.
| 5 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 6 |
| (510 ILCS 5/13) (from Ch. 8, par. 363)
| 7 |
| Sec. 13. Dog or other animal bites; observation of animal.
| 8 |
| (a) Except as otherwise provided in subsection (b) of this | 9 |
| Section, when
the Administrator or, if the Administrator is not | 10 |
| a veterinarian, the Deputy
Administrator receives information | 11 |
| that any person has been
bitten by a companion
an animal, the | 12 |
| Administrator or, if the
Administrator is not a veterinarian, | 13 |
| the Deputy Administrator, or his or
her authorized
| 14 |
| representative, shall have such dog , cat, or other companion | 15 |
| animal confined
under the
observation of a licensed | 16 |
| veterinarian for a period of 10 days. The
Department may permit | 17 |
| such confinement to be reduced to a
period of less than 10 | 18 |
| days. A veterinarian shall report the
clinical
condition of the | 19 |
| animal immediately, with confirmation in
writing to the | 20 |
| Administrator or, if the Administrator is not a veterinarian,
| 21 |
| the
Deputy Administrator within 24 hours after the animal
is | 22 |
| presented for examination, giving the owner's name, address, | 23 |
| the date of
confinement, the breed, description, age, and sex | 24 |
| of the
animal, and whether the animal has been spayed or | 25 |
| neutered, on appropriate
forms approved by the Department. The | 26 |
| Administrator or, if the Administrator
is not
a veterinarian, | 27 |
| the Deputy Administrator shall notify the attending physician
| 28 |
| or responsible health agency. At the
end of the confinement | 29 |
| period, the veterinarian shall submit a written
report to the | 30 |
| Administrator or, if the Administrator is not a veterinarian,
| 31 |
| the Deputy
Administrator advising him or her of the final | 32 |
| disposition of
the animal on appropriate forms approved by the | 33 |
| Department. When
evidence is presented that the animal was |
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| inoculated
against
rabies within the time prescribed by law, it | 2 |
| may
shall be confined in
a house, or in a manner which will | 3 |
| prohibit it from biting any person
for a period of 10 days, if | 4 |
| the Administrator or Deputy Administrator
a licensed | 5 |
| veterinarian adjudges such confinement satisfactory. The | 6 |
| Department may permit such confinement to be reduced to a | 7 |
| period of less
than 10 days. At the end of the confinement | 8 |
| period, the
animal shall be examined by a licensed
| 9 |
| veterinarian.
| 10 |
| Any person having knowledge that any person has been
bitten | 11 |
| by an animal shall
notify the
Administrator or, if the | 12 |
| Administrator is not a veterinarian, the Deputy
Administrator
| 13 |
| within 24 hours
promptly . It is unlawful for the owner of the | 14 |
| animal
to
euthanize, sell, give away, or otherwise dispose of | 15 |
| any
animal known to have bitten a person, until it is released | 16 |
| by the
Administrator or, if the Administrator is not a | 17 |
| veterinarian, the Deputy
Administrator, or his or her | 18 |
| authorized representative. It is unlawful
for
the
owner of the | 19 |
| animal to refuse or fail to comply with
the
reasonable written | 20 |
| or printed instructions made by the Administrator or,
if
the | 21 |
| Administrator is not a veterinarian, the Deputy Administrator, | 22 |
| or
his
authorized representative. If such instructions cannot | 23 |
| be delivered in
person, they shall be mailed to the owner of | 24 |
| the
animal by
regular mail. Any expense incurred in the
| 25 |
| handling of an animal under this Section and Section
12 shall
| 26 |
| be borne by the owner.
| 27 |
| (b) When a person has been bitten by a police dog that is | 28 |
| currently vaccinated against rabies ,
the police dog may | 29 |
| continue to perform
its duties for the peace officer or law | 30 |
| enforcement agency and any period
of
observation of the police | 31 |
| dog may be under the
supervision of a peace officer.
The | 32 |
| supervision shall consist of the dog being locked in a kennel,
| 33 |
| performing its official duties in a police vehicle, or | 34 |
| remaining under the
constant supervision of its police handler.
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LRB094 06477 RSP 44990 a |
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| 1 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 2 |
| (510 ILCS 5/15) (from Ch. 8, par. 365)
| 3 |
| Sec. 15. Vicious determination; appeals.
(a) In order to | 4 |
| have a dog deemed "vicious", the Administrator,
Deputy
| 5 |
| Administrator,
animal control warden, 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 , give the | 12 |
| report to the owner, and schedule an administrative hearing | 13 |
| pursuant to the Illinois Administrative Procedure Act before an | 14 |
| administrative hearing officer as defined in this Act or give | 15 |
| the report to the States
Attorney's Office and the
owner . The | 16 |
| Administrator, State's Attorney, Director or any citizen of the
| 17 |
| county in
which the dog exists may file a complaint in the | 18 |
| circuit court in the name of
the People of the
State of
| 19 |
| Illinois to deem a dog to be a vicious dog. Testimony of a | 20 |
| certified applied
behaviorist, a
board certified veterinary | 21 |
| behaviorist, or another recognized expert may be
relevant to | 22 |
| the
court's determination of whether the dog's behavior was | 23 |
| justified. The
petitioner must
prove the dog is a vicious dog | 24 |
| by clear and convincing evidence. The
Administrator shall | 25 |
| determine where the animal shall be confined during the
| 26 |
| pendency of the case.
| 27 |
| A dog may
shall not be declared vicious if the court or | 28 |
| administrative hearing officer determines the conduct of
the
| 29 |
| 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 |
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| property occupied by the owner of the animal
, or upon
the
| 2 |
| property of the owner or custodian of the dog ;
| 3 |
| (2) the injured, threatened, or killed person was | 4 |
| tormenting, abusing,
assaulting,
or physically threatening | 5 |
| the dog or its offspring , or has in the past
tormented, | 6 |
| abused,
assaulted, or physically threatened the dog or its | 7 |
| offspring ; or
| 8 |
| (3) the dog was responding to pain or injury , or was | 9 |
| protecting itself, its
owner,
custodian, or member of its | 10 |
| household, kennel, or offspring .
| 11 |
| No dog shall be deemed "vicious" if it is a professionally | 12 |
| trained dog for
law
enforcement or guard duties. Vicious dogs | 13 |
| shall not be classified
in a manner that is specific as to | 14 |
| breed.
| 15 |
| If the burden of proof has been met, the court or | 16 |
| administrative hearing officer shall deem the dog to be a
| 17 |
| vicious dog.
| 18 |
| If a dog is found to be a vicious dog, the court or | 19 |
| administrative hearing officer shall order the dog subject to | 20 |
| enclosure or euthanized. If subject to enclosure, the dog shall | 21 |
| be spayed or
neutered within 10 days of the finding at the | 22 |
| expense of its
owner and microchipped , if not already, and is | 23 |
| subject to
enclosure . A dog found to be a vicious dog shall not | 24 |
| be released to the
owner until the Administrator, an Animal | 25 |
| Control Warden, or the
Director approves the enclosure. No | 26 |
| owner or
keeper of a vicious dog shall sell or give away the | 27 |
| dog without the
court
approval of the Administrator . Whenever | 28 |
| an owner of a vicious dog relocates, he or she shall notify
| 29 |
| both the
Administrator of
County
Animal Control where he or she | 30 |
| has relocated and the Administrator of County
Animal Control | 31 |
| where he or she formerly resided. The dog shall not be | 32 |
| relocated until the new location and the manner of relocation | 33 |
| have been approved by the appropriate Administrator.
| 34 |
| (b) It shall be unlawful for any person to keep or maintain |
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| any dog
which has been found to be a vicious dog unless the dog | 2 |
| is
kept in an enclosure. The only times that a vicious dog may | 3 |
| be allowed out
of the enclosure are (1) if it is necessary for | 4 |
| the owner or keeper to
obtain veterinary care for the dog, (2) | 5 |
| in the case of an emergency or
natural disaster where the
dog's | 6 |
| life is threatened, or (3) to comply with the order of a
court | 7 |
| of competent jurisdiction, provided that the dog is securely | 8 |
| muzzled
and restrained with a leash not
exceeding 6 feet in | 9 |
| length, and shall be under the direct control and
supervision | 10 |
| of the owner or keeper of the dog or muzzled in its residence.
| 11 |
| Any dog which has been found to be a vicious dog and which | 12 |
| is not
confined to an enclosure shall be impounded by the | 13 |
| Administrator, an Animal
Control Warden, or the law enforcement | 14 |
| authority having jurisdiction in
such area. If an owner fails | 15 |
| to comply with these requirements, animal control shall impound | 16 |
| the dog, and the owner shall pay a $500 fine plus impoundment | 17 |
| fees to the animal control agency impounding the dog.
| 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 10
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 |
| (c) If animal control takes custody of the dog pursuant to | 27 |
| this Section, it may file a petition with the court requesting | 28 |
| that the owner be ordered to post security. The security must | 29 |
| be in an amount sufficient to secure payment of all reasonable | 30 |
| expenses expected to be incurred by the animal control agency | 31 |
| in caring for and providing for the dog pending the | 32 |
| determination. Reasonable expenses include, but are not | 33 |
| limited to, the estimated medical care and boarding of the | 34 |
| animal for 30 days. If security has been posted in accordance |
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| with this Section, the animal control agency may draw from the | 2 |
| security the actual costs incurred by the agency in caring for | 3 |
| the dog. | 4 |
| Upon receipt of a petition requesting that the owner post | 5 |
| security, the court must set a hearing on the petition, to be | 6 |
| conducted within 5 business days after the petition is filed. | 7 |
| The petitioner must serve a true copy of the petition upon the | 8 |
| defendant at least 48 hours prior to the scheduled hearing. If | 9 |
| the court orders the posting of security, the security must be | 10 |
| posted with the clerk of the court within 5 business days after | 11 |
| the hearing. If the person ordered to post security does not do | 12 |
| so, the dog is forfeited by operation of law and the animal | 13 |
| control facility or animal shelter must dispose of the animal | 14 |
| through humane euthanization. | 15 |
| (d) The owner of a dog found to be a vicious dog pursuant | 16 |
| to this Act may file an appeal in the circuit court within 35 | 17 |
| days of receipt of notification of the determination, for a de | 18 |
| novo hearing on the determination. The proceeding shall be | 19 |
| conducted as a civil hearing pursuant to the Illinois Rules of | 20 |
| Evidence and the Code of Civil Procedure, including the | 21 |
| discovery provisions. After hearing both parties' evidence, | 22 |
| the court may make a determination of vicious dog if the | 23 |
| Administrator meets his or her burden of proof of clear and | 24 |
| convincing evidence. The final order of the circuit court may | 25 |
| be appealed pursuant to the civil appeals provisions of the | 26 |
| Illinois Supreme Court Rules. Until the order has been reviewed | 27 |
| and at all times during the appeal process, the owner shall | 28 |
| comply with the requirements set forth by the Administrator, | 29 |
| the court, or the Director. | 30 |
| (e) Guide dogs for the blind or hearing impaired, support | 31 |
| dogs for the
physically handicapped, and sentry, guard, or
| 32 |
| police-owned dogs are
exempt from this Section; provided, an | 33 |
| attack or injury to a person
occurs while the dog is performing | 34 |
| duties as expected. To qualify for
exemption under this |
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| 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 |
| (f) For purposes of this Section, all costs of impoundment, | 11 |
| disposition, boarding, medical, or other costs related to the | 12 |
| determination of vicious dog shall be borne by the owner if the | 13 |
| animal is found to be vicious.
| 14 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 15 |
| (510 ILCS 5/15.1)
| 16 |
| Sec. 15.1. Dangerous dog determination.
| 17 |
| (a) After a thorough investigation
including: sending, | 18 |
| within 10
3 days of the Administrator or Director becoming
| 19 |
| aware of the alleged infraction,
notifications to the owner of | 20 |
| the alleged infractions, the fact of the
initiation of an | 21 |
| investigation,
and
affording the owner an opportunity to meet | 22 |
| with the Administrator or
Director prior to the making of a | 23 |
| determination;
gathering of
any medical or veterinary | 24 |
| evidence; interviewing witnesses; and making a
detailed
| 25 |
| written report, an animal control warden, deputy | 26 |
| administrator, or law
enforcement agent
may ask the | 27 |
| Administrator, or his or her designee, or the Director, to deem | 28 |
| a
dog to be
"dangerous". No dog shall be deemed a "dangerous | 29 |
| dog" unless shown to be a dangerous dog by a preponderance of | 30 |
| the evidence
without clear and
convincing
evidence . The owner | 31 |
| shall be sent immediate notification of the determination
by | 32 |
| registered or certified mail that includes a complete | 33 |
| description of the
appeal
process.
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| (b) A dog may
shall not be declared dangerous if the | 2 |
| Administrator,
or his or her designee, or the Director | 3 |
| determines the
conduct of the dog was justified because:
| 4 |
| (1) the threat was sustained by a person
who at the | 5 |
| time was committing a crime or offense upon the owner or
| 6 |
| custodian of the dog;
| 7 |
| (2) the threatened person was
tormenting, abusing, or | 8 |
| assaulting , or physically threatening the dog or
its | 9 |
| offspring;
| 10 |
| (3) the injured, threatened, or killed companion | 11 |
| animal
was attacking or threatening to attack the dog or | 12 |
| its offspring; or
| 13 |
| (4) the dog was responding to pain or injury or was
| 14 |
| protecting itself, its owner, custodian, or a member of its | 15 |
| household,
kennel, or offspring .
| 16 |
| (c) Testimony of a certified applied behaviorist, a board | 17 |
| certified
veterinary behaviorist, or another recognized expert | 18 |
| may be relevant to
the determination of whether the dog's | 19 |
| behavior was
justified pursuant to the provisions of this | 20 |
| Section.
| 21 |
| (d) If deemed dangerous, the Administrator, or his or her | 22 |
| designee, or the
Director shall order the dog to be spayed or | 23 |
| neutered within
10
14
days
at the
owner's expense and | 24 |
| microchipped, if not already, and one or more of the
following
| 25 |
| as deemed appropriate under
the
circumstances and necessary for | 26 |
| the protection of the public:
| 27 |
| (1) evaluation of the dog by a certified applied | 28 |
| behaviorist, a
board certified veterinary behaviorist, or | 29 |
| another recognized expert in
the field and completion of | 30 |
| training or other treatment as deemed
appropriate by the | 31 |
| expert. The owner of the dog shall be responsible
for all | 32 |
| costs associated with evaluations and training ordered | 33 |
| under
this subsection; or
| 34 |
| (2) direct supervision by an adult 18 years of age or |
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| older
whenever the animal is on public premises.
| 2 |
| (e) The Administrator may order a dangerous dog to be | 3 |
| muzzled
whenever it is on public premises in a manner that
will | 4 |
| prevent
it from biting any person or animal, but that shall not | 5 |
| injure the dog or
interfere with its
vision or respiration.
| 6 |
| (f) Guide dogs for the blind or hearing impaired, support | 7 |
| dogs for the
physically handicapped, and sentry, guard, or
| 8 |
| police-owned dogs are exempt from this Section; provided, an | 9 |
| attack or injury
to a person occurs while the dog is performing | 10 |
| duties as expected. To qualify
for exemption under this | 11 |
| Section, each such dog shall be currently inoculated
against | 12 |
| rabies in accordance with Section 8 of this Act and performing | 13 |
| duties
as expected. It shall be the duty
of the owner of the | 14 |
| exempted dog to notify the Administrator of changes of
address. | 15 |
| In the case of a sentry or guard dog, the owner shall keep the
| 16 |
| Administrator advised of the location where such dog will be | 17 |
| stationed. The
Administrator shall provide police and fire | 18 |
| departments with a categorized list
of the exempted dogs, and | 19 |
| shall promptly notify the departments of any
address changes | 20 |
| reported to him or her.
| 21 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 22 |
| (510 ILCS 5/15.2)
| 23 |
| Sec. 15.2. Dangerous dogs; leash. It is unlawful for any | 24 |
| person to
knowingly or recklessly permit
any
dangerous
dog to | 25 |
| leave the premises of its owner when not under control by leash | 26 |
| or other
recognized control methods.
| 27 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 28 |
| (510 ILCS 5/19) (from Ch. 8, par. 369)
| 29 |
| Sec. 19. Reimbursement.
Any owner having livestock, | 30 |
| poultry, or equidae killed or injured by a dog shall, according | 31 |
| to the provisions of
this Act and upon filing claim and making | 32 |
| proper proof, be entitled to receive
reimbursement for such |
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| losses from the Animal Control Fund; provided, he or
she is a | 2 |
| resident of this State and such injury or killing is reported | 3 |
| to the
Administrator within 24 hours after such injury or | 4 |
| killing occurs, and makes affidavit stating the
number of such | 5 |
| animals or poultry killed or injured, the amount of damages
and | 6 |
| the owner of the dog causing such killing or injury, if known.
| 7 |
| The damages referred to in this Section shall be | 8 |
| substantiated by the
Administrator through prompt | 9 |
| investigation and by not less than 2 witnesses.
The | 10 |
| Administrator shall determine whether the
provisions of this
| 11 |
| Section have been met and shall keep a record in each case of | 12 |
| the names of
the owners of the animals or poultry, the amount | 13 |
| of damages proven, and the
number of animals or poultry killed | 14 |
| or injured.
| 15 |
| The Administrator shall file a written report
with the | 16 |
| County
Treasurer as to the right of an owner of livestock, | 17 |
| poultry, or equidae to be paid out of the Animal Control Fund, | 18 |
| and the
amount of such damages claimed.
| 19 |
| The County Treasurer shall, on the first Monday in March of | 20 |
| each
calendar year, pay to the owner of the animals or poultry | 21 |
| the amount of
damages to which he or she is entitled. The | 22 |
| county board, by ordinance,
shall
establish a schedule for | 23 |
| damages reflecting
the current market value .
| 24 |
| If there are funds in excess of amounts paid for such | 25 |
| claims for damage
in that portion of the Animal Control Fund | 26 |
| set aside for this purpose, this
excess shall be used for other | 27 |
| costs of the program as
set forth in this Act.
| 28 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 29 |
| (510 ILCS 5/22.5 new)
| 30 |
| Sec. 22.5. Reports of animal control facilities. | 31 |
| (a) Each animal control facility in the State shall | 32 |
| annually report to the Department information required by the | 33 |
| Department including, but not limited to, the following: |
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| (1) The number of the facility's animal euthanasias | 2 |
| during the reporting period. | 3 |
| (2) The number of the facility's animal intakes during | 4 |
| the reporting period. | 5 |
| (3) The number of the facility's spaying or neutering | 6 |
| procedures during the reporting period. | 7 |
| (4) The number of the facility's animal adoptions | 8 |
| during the reporting period. | 9 |
| (b) The Department shall annually compile its finding under | 10 |
| subsection (a) and report those findings to the Governor and | 11 |
| General Assembly. | 12 |
| (c) 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. Applicability; immunities.
| 16 |
| (a) 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 |
| provided that no regulation or
ordinance is
specific to breed. | 24 |
| (b) A municipality or political subdivision allowing feral | 25 |
| cat colonies and trap, sterilize, and release programs to help | 26 |
| control cat overpopulation is immune from liability, civil, | 27 |
| criminal, or otherwise, that may result from a feral cat. A | 28 |
| municipality or political subdivision that creates or allows a | 29 |
| dog park is immune from liability, civil, criminal, or | 30 |
| otherwise, that may result from the dog park. | 31 |
| (c) A veterinarian or animal shelter worker who in good | 32 |
| faith contacts the registered owner of a micro-chipped animal | 33 |
| is immune from any liability, civil, criminal, or otherwise, |
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| that may result from his or her actions. | 2 |
| (d) A veterinarian who sterilizes feral cats and any feral | 3 |
| cat caretaker who traps cats for a trap, sterilize, and return | 4 |
| program is immune from any civil liability resulting from his | 5 |
| or her actions, provided that the trap, sterilize, and return | 6 |
| program is recognized by the municipality or county in which it | 7 |
| is located. | 8 |
| (e) An animal shelter worker that microchips an animal is | 9 |
| immune from any civil liability resulting from his or her | 10 |
| actions.
| 11 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 12 |
| (510 ILCS 5/26) (from Ch. 8, par. 376)
| 13 |
| Sec. 26. (a) Any person violating or aiding in or abetting | 14 |
| the violation
of any provision of this Act, or counterfeiting | 15 |
| or forging any certificate,
permit, or tag, or making any | 16 |
| misrepresentation in regard to any matter
prescribed by this | 17 |
| Act, or resisting, obstructing, or impeding the
Administrator | 18 |
| or any authorized officer in enforcing this Act, or refusing
to | 19 |
| produce for inoculation any dog in his possession, or who | 20 |
| removes a tag from
a dog or cat for purposes of
destroying or | 21 |
| concealing its identity, is guilty of a Class C misdemeanor for | 22 |
| a
first offense and for a subsequent offense, is guilty of a | 23 |
| Class B
misdemeanor.
| 24 |
| Each day a person fails to comply constitutes a separate | 25 |
| offense. Each
State's Attorney to whom the Administrator | 26 |
| reports any violation of this
Act shall cause appropriate | 27 |
| proceedings to be instituted in the proper
courts without delay | 28 |
| and to be prosecuted in the manner provided by law.
| 29 |
| (b) If the owner of a vicious dog subject to enclosure:
| 30 |
| (1) fails to maintain or keep the dog in an enclosure | 31 |
| or fails to spay
or neuter the dog or microchip the dog | 32 |
| within the time period prescribed ; and
| 33 |
| (2) the dog inflicts physical injury or serious |
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| physical injury upon any other person or causes or | 2 |
| contributes to the death of
another person or companion | 3 |
| animal ; and
| 4 |
| (3) the attack is unprovoked in a place where such | 5 |
| person is peaceably
conducting himself or herself and where | 6 |
| such person may lawfully be;
| 7 |
| the owner shall
be guilty of a Class 4 felony, unless the owner | 8 |
| knowingly
allowed the
dog to run at large or failed to take | 9 |
| steps to keep the dog in an enclosure
then the owner shall be | 10 |
| guilty of a Class 3 felony. The penalty
provided in
this | 11 |
| paragraph shall be in addition to any other criminal or civil | 12 |
| sanction
provided by law.
| 13 |
| (c) If the owner of a dangerous dog knowingly fails to | 14 |
| comply with any
order of the court
regarding the dog and the | 15 |
| dog inflicts physical injury or serious physical
injury on a | 16 |
| person or a companion animal, the owner shall be guilty of a | 17 |
| Class
4 felony
A misdemeanor . If the
owner of a dangerous dog | 18 |
| knowingly fails to comply with any order regarding the
dog and
| 19 |
| the dog kills a person the owner shall be guilty of a Class 3
4 | 20 |
| felony.
| 21 |
| (d) If the owner of a dangerous dog fails to comply with an | 22 |
| Administrator's order, the dog shall be impounded. The dog may | 23 |
| be returned to the owner upon payment of all costs associated | 24 |
| with the impoundment and compliance with the order. | 25 |
| (e) If the owner of a vicious dog fails to spay or neuter | 26 |
| or microchip the dog within the prescribed time period, the dog | 27 |
| shall be impounded. The dog may be returned to the owner upon | 28 |
| payment of all costs associated with the impoundment and | 29 |
| compliance with this Section.
| 30 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 31 |
| (510 ILCS 5/2.03a rep.)
| 32 |
| Section 10. The Animal Control Act is amended by repealing | 33 |
| Section 2.03a.
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
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|