Illinois General Assembly - Illinois Compiled Statutes

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510 ILCS 5/15.1

(510 ILCS 5/15.1)

Sec. 15.1. Dangerous dog determination.

(a) After a thorough investigation
including: sending, within 10 business days of the Administrator or Director becoming
aware of the alleged infraction,
notifications to the owner of the alleged infractions, the fact of the
initiation of an investigation,
and
affording the owner an opportunity to meet with the Administrator or
Director prior to the making of a determination;
gathering of
any medical or veterinary evidence; interviewing witnesses; and making a
detailed
written report, an animal control warden, deputy administrator, or law
enforcement agent
may ask the Administrator, or his or her designee, or the Director, to deem a
dog to be
"dangerous".  No dog shall be deemed a "dangerous dog" unless shown to be a dangerous dog by a preponderance of evidence.  The owner shall be sent immediate notification of the determination
by registered or certified mail that includes a complete description of the
appeal
process.

(b) A dog shall not be declared dangerous if the Administrator,
or his or her designee, or the Director determines the
conduct of the dog was justified because:

(1) the threat was sustained by a person who at the

time was committing a crime or offense upon the owner or custodian of the dog or was committing a willful trespass or other tort upon the premises or property occupied by the owner of the animal;

(2) the threatened person was abusing, assaulting,

or physically threatening the dog or its offspring;

(3) the injured, threatened, or killed companion

animal was attacking or threatening to attack the dog or its offspring; or

(4) the dog was responding to pain or injury or was

protecting itself, its owner, custodian, or a member of its household, kennel, or offspring.

(c) Testimony of a certified applied behaviorist, a board certified
veterinary behaviorist, or another recognized expert may be relevant to
the determination of whether the dog's behavior was
justified pursuant to the provisions of this Section.

(d) If deemed dangerous, the Administrator, or his or her designee, or the
Director shall order (i) the dog's owner to pay a $50 public safety fine to be deposited into the county animal control fund, (ii) the dog to be spayed or neutered within
14
days
at the
owner's expense and microchipped, if not already, and (iii) one or more of the
following
as deemed appropriate under
the
circumstances and necessary for the protection of the public:

(1) evaluation of the dog by a certified applied

behaviorist, a board certified veterinary behaviorist, or another recognized expert in the field and completion of training or other treatment as deemed appropriate by the expert. The owner of the dog shall be responsible for all costs associated with evaluations and training ordered under this subsection; or

(2) direct supervision by an adult 18 years of age or

older whenever the animal is on public premises.

(e) The Administrator may order a dangerous dog to be muzzled
whenever it is on public premises in a manner that
will prevent
it from biting any person or animal, but that shall not injure the dog or
interfere with its
vision or respiration.

(f) Guide dogs for the blind or hearing impaired, support dogs for persons with a physical disability, and sentry, guard, or
police-owned dogs are exempt from this Section; provided, an attack or injury
to a person occurs while the dog is performing duties as expected.  To qualify
for exemption under this Section, each such dog shall be currently inoculated
against rabies in accordance with Section 8 of this Act and performing duties
as expected.  It shall be the duty
of the owner of the exempted dog to notify the Administrator of changes of
address.  In the case of a sentry or guard dog, the owner shall keep the
Administrator advised of the location where such dog will be stationed.  The
Administrator shall provide police and fire departments with a categorized list
of the exempted dogs, and shall promptly notify the departments of any
address changes reported to him or her.

(g) An animal control agency has the right to impound a dangerous dog if the owner fails to comply with the requirements of this Act.

(Source: P.A. 99-143, eff. 7-27-15; 100-787, eff. 8-10-18.)