Illinois General Assembly - Illinois Compiled Statutes

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225 ILCS 605/2

(225 ILCS 605/2) (from Ch. 8, par. 302)

Sec. 2. Definitions.

As used in this Act unless the context otherwise
requires:

"Department" means the Illinois Department of Agriculture.

"Director" means the Director of the Illinois Department of Agriculture.

"Pet shop operator" means any person who sells, offers to sell,
exchange, or offers for adoption with or without charge or donation dogs,
cats, birds, fish, reptiles, or other animals customarily obtained as pets
in this State at retail to the public.  However, a person who sells only such animals that he has
produced and raised shall not be considered a pet shop operator under this
Act, and a veterinary hospital or clinic operated by a veterinarian or
veterinarians licensed under the Veterinary Medicine and Surgery Practice
Act of 2004 shall not be considered a pet shop operator under this
Act.

"Dog dealer" means any person who sells, offers to sell, exchange, or
offers for adoption with or without charge or donation dogs in this State.
However, a person who sells only dogs that he has produced and raised shall
not be considered a dog dealer under this Act, and a veterinary hospital or
clinic operated by a veterinarian or veterinarians licensed under the
Veterinary Medicine and Surgery Practice Act of 2004
shall not be considered a dog dealer under this Act.

"Secretary of Agriculture" or "Secretary" means the Secretary of
Agriculture of the United States Department of Agriculture.

"Person" means any person, firm, corporation, partnership, association
or other legal entity, any public or private institution, the State of
Illinois, or any municipal corporation or political subdivision of the
State.

"Kennel operator" means any person who operates an establishment, other
than an animal control facility, veterinary hospital, or animal
shelter, where dogs or dogs and cats are maintained
for boarding, training or similar purposes for a fee or compensation.

"Boarding" means a time frame greater than 12 hours or an overnight period during which an animal is kept by a kennel operator.

"Cat breeder" means a person who sells, offers to sell, exchanges, or offers for adoption with or without charge cats that he or she has produced and raised.  A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a cat breeder.

"Dog breeder" means a person who sells, offers to sell, exchanges, or offers for adoption with or without charge dogs that he has produced and raised. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a dog breeder.

"Animal control facility" means any facility operated by or
under contract for the State,
county, or any municipal corporation or political subdivision of the State
for the purpose of impounding or harboring seized, stray, homeless,
abandoned or unwanted dogs, cats, and other animals.  "Animal control
facility" also means any
veterinary hospital or clinic operated by a veterinarian or veterinarians
licensed under the Veterinary Medicine and Surgery Practice Act of 2004 which
operates for the above mentioned purpose in addition to its customary purposes.

"Animal shelter" means a facility operated, owned, or maintained by a duly
incorporated humane society, animal welfare society, or other non-profit
organization having tax-exempt status under Section 501(c)(3) of the Internal Revenue Code for the purpose of providing for and promoting the welfare,
protection, and humane treatment of animals.  An organization that does not have its own building that maintains animals solely in foster homes or other licensees is an "animal shelter" for purposes of this Act. "Animal shelter" also means any
veterinary hospital or clinic operated by a veterinarian or veterinarians
licensed under the Veterinary Medicine and Surgery Practice Act of 2004 which
operates for the above mentioned purpose in addition to its customary purposes.

"Day care operator" means a person who operates an establishment, other than an animal control facility, veterinary hospital, or animal shelter, where dogs or dogs and cats are kept for a period of time not exceeding 12 hours.

"Foster home" means an entity that accepts the responsibility for
stewardship of animals that are the obligation of an animal shelter or animal control facility, not to
exceed 4 foster animals or 2 litters under 8 weeks of age at any given time.  A written agreement to operate as a "foster home"
 shall be contracted with the animal shelter or animal control facility.

"Guard dog service" means an entity that, for a fee, furnishes or leases
guard or sentry dogs for the protection of life or property.  A person
is not a guard dog service solely because he or she owns a dog and uses it to
guard his or her home, business, or farmland.

"Guard dog" means a type of dog used primarily for the purpose of defending,
patrolling, or protecting property or life at a commercial establishment
other than a farm.  "Guard dog" does not include stock dogs used primarily for
handling and controlling livestock or farm animals, nor does it include
personally owned pets that also provide security.

"Return" in return to field or trap, neuter, return program means to return the cat to field after it has been sterilized and vaccinated for rabies.

"Sentry dog" means a dog trained to work without supervision in a fenced
facility other than a farm, and to deter or detain unauthorized persons found
within the facility.

"Probationary status" means the 12-month period following a series of violations of this Act during which any further violation shall result in an automatic 12-month suspension of licensure.

"Owner" means any person having a right of property in an animal, who keeps or harbors an animal, who has an animal in his or her care or acts as its custodian, or who knowingly permits a dog to remain on any premises occupied by him or her. "Owner" does not include a feral cat caretaker participating in a trap, spay/neuter, vaccinate for rabies, and return program.

"Offer for sale" means to sell, exchange for consideration, offer for adoption, advertise for the sale of, barter, auction, give away, or otherwise dispose of animals.

(Source: P.A. 101-81, eff. 7-12-19; 101-295, eff. 8-9-19; 102-586, eff. 2-23-22.)