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| Public Act 097-0240 | ||||
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AN ACT concerning animals.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Animal Control Act is amended by changing | ||||
Sections 10 and 35 as follows:
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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 | ||||
apprehended and impounded,
they must be scanned for the | ||||
presence of a microchip and examined for other currently | ||||
acceptable methods of identification, including, but not | ||||
limited to, identification tags, tattoos, and rabies license | ||||
tags. The examination for identification shall be done within | ||||
24 hours after the intake of each dog or cat. The
Administrator | ||||
shall make every reasonable attempt to contact the owner as | ||||
defined by Section 2.16, agent, or caretaker as soon
as | ||||
possible. The Administrator shall give notice of not less than | ||||
7 business
days to the owner, agent, or caretaker prior to | ||||
disposal of the animal. Such notice shall be mailed
to the last | ||||
known address of the owner, agent, or caretaker. Testimony of | ||||
the Administrator, or his
or her authorized agent, who mails | ||||
such notice shall be evidence of the receipt
of such notice by | ||||
the owner, agent, or caretaker of the animal. A mailed notice | ||||
shall remain
the primary means of owner, agent, or caretaker | ||||
contact; however, the Administrator shall also attempt to | ||
contact the owner, agent, or caretaker by any other contact
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information, such as by telephone or email address, provided by
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the microchip or other method of identification found on the
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dog or cat. If the dog or cat has been microchipped and the | ||
primary contact listed by the chip manufacturer cannot be | ||
located or refuses to reclaim the dog or cat, an attempt shall | ||
be made to contact any secondary contacts listed by the chip | ||
manufacturer prior to adoption, transfer, or euthanization. | ||
Prior to transferring the dog or cat to another humane shelter, | ||
rescue group, or euthanization, the dog or cat shall be scanned | ||
again for the presence of a microchip and examined for other | ||
means of identification. If a second scan provides the same | ||
identifying information as the initial intake scan and the | ||
owner, agent, or caretaker has not been located or refuses to | ||
reclaim the dog or cat, the animal control facility may proceed | ||
with the adoption, transfer, or euthanization.
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In case the owner, agent, or caretaker of any impounded dog | ||
or cat desires to make redemption
thereof, he or she may do so | ||
by doing the following:
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a. Presenting proof of current rabies inoculation
and | ||
registration, if applicable.
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b. Paying for the rabies inoculation of the dog or cat
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and registration, if applicable.
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c. Paying the pound for the board of the dog or cat for
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the period it was impounded.
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d. Paying into the Animal Control Fund an additional
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impoundment fee as prescribed by the Board as a penalty for | ||
the
first offense and for each subsequent offense.
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e. Paying a $25 public safety fine to be deposited into | ||
the Pet Population Control Fund; the fine shall be waived | ||
if it is the dog's or cat's first impoundment and the | ||
owner, agent, or caretaker has the animal spayed or | ||
neutered within 14 days.
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f.
Paying for microchipping and registration if not | ||
already
done.
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The payments required for redemption under this Section
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shall be in
addition to any other penalties invoked under this | ||
Act and the Illinois Public Health and Safety Animal Population | ||
Control Act. An animal control agency shall assist and share | ||
information with the Director of Public Health in the | ||
collection of public safety fines.
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(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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(510 ILCS 5/35)
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Sec. 35. Liability. | ||
(a) Any municipality or political subdivision allowing | ||
feral cat colonies and trap, sterilize, and return programs to | ||
help control cat overpopulation shall be immune from criminal | ||
liability and shall not be civilly liable, except for willful | ||
and wanton misconduct, for damages that may result from a feral | ||
cat. Any municipality or political subdivision allowing dog | ||
parks shall be immune from criminal liability and shall not be | ||
civilly liable, except for willful and wanton misconduct, for | ||
damages that may result from occurrences in the dog park. | ||
(b) Any veterinarian or animal shelter or animal control | ||
facility who in good faith contacts the registered owner, | ||
agent, or caretaker of a microchipped animal shall be immune | ||
from criminal liability and shall not, as a result of his or | ||
her acts or omissions, except for willful and wanton | ||
misconduct, be liable for civil damages. | ||
(c) Any veterinarian who sterilizes feral cats and any | ||
feral cat caretaker who traps cats for a trap, sterilize, and | ||
return program shall be immune from criminal liability and | ||
shall not, as a result of his or her acts or omissions, except | ||
for willful and wanton misconduct, be liable for civil damages. | ||
(d) Any animal shelter or animal control facility worker | ||
who microchips an animal shall be immune from criminal | ||
liability and shall not, as a result of his or her acts or | ||
omissions, except for willful and wanton misconduct, be liable | ||
for civil damages.
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(Source: P.A. 94-639, eff. 8-22-05.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2012.
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