Section 25.10  Definitions

 

"Act" means the Animal Welfare Act [225 ILCS 605].

 

"Animal" as used in this Part means any mammal, bird, fish, or reptile offered for sale, trade, or adoption or for which a service is provided by any person licensed under this Act.

 

"Companion Animal" means an animal that is commonly considered to be, or is considered by the owner to be, a pet.  Companion animal includes, but is not limited to, canines, felines and equines. [570 ILCS 70/2.01a]

 

"Equine Shelter" is an animal shelter as defined in Section 2 of the Act that is only for equines.

 

"Exotic or non-domesticated animals" means mammals (including non-human primates), reptiles and birds that are not native to North America and are not normally maintained livestock (llamas, ratites, cervids and similar animals are considered livestock under this definition) or native mammals that are not domesticated and normally maintained as pets (i.e., prairie dogs).  Not included in this definition are hamsters, guinea pigs and gerbils or any member of the species felis catus that have been domesticated or canis familiaris.

 

"Fire Alarm System" means a system automatically activated by a device that detects smoke, heat or fire.  The fire alarm system automatically triggers a notification to local emergency responders.

 

"Fire Sprinkler System" means one of the following systems that automatically trigger a notification to local emergency responders when activated:

 

Any water-based automatic fire extinguishing system employing fire sprinklers. The sprinkler system shall be designed in accordance with NFPA 13 (Standard for the Installation of Sprinkler Systems (2013)) and NFPA 101 (Life Safety Code (2015)), both available from the National Fire Protection Association, 1 Batterymarch Park, Quincy MA 02169.  "Fire sprinkler system" includes accessory fire pumps and assorted piping, fire standpipes, or underground fire main systems starting at the connection to the water service after the approved backflow device is installed under the requirements of the Illinois Plumbing Code (77 Ill. Adm. Code 890) (Code) and ending at the most remote fire sprinkler; or

 

Sprinkler heads that are in a loop of the potable water system, as described in Sections 890.1130 and 890.1200 of the Code.

 

"Staffing Plan" means a plan to staff a kennel operating any time cats or dogs are on the premises. At a minimum, a staffing plan must include the kennel operator's hours of operation, number of staff, names of staff, and the staff's contact information. The staffing plan must show that at least one staff member is on site, alert and available any time dogs or cats are on the premises.

 

"Qualified Fire Inspector" means a local fire official or a building inspector, working for a unit of local government or fire protection district, who is qualified to inspect buildings for fire safety or building code compliance.

 

"Work Progress Form" is a form issued by the Department to licensees or applicants notifying them of deficiencies and the improvements required to be made by them within a specified period of time to comply with the Act.

 

(Source:  Amended at 44 Ill. Reg. 10087, effective May 28, 2020)

 

Section 25.15  Incorporations by Reference

 

Incorporations by reference in this Part do not include any later amendments or editions beyond the date specified.

 

(Source:  Added at 12 Ill. Reg. 8265, effective May 2, 1988)

 

Section 25.20  Buildings and Premises

 

a)         All buildings and premises shall be maintained in a sanitary condition and the licensee shall:

 

1)         Have covered, leak-proof containers available for storage of waste materials before disposal to control vermin and insects.  Such containers shall be maintained in a sanitary condition. This subsection (a)(1) does not apply to equine shelters.

 

2)         Dispose of dead animals in compliance with the Illinois Dead Animal Disposal Act [225 ILCS 610] and rules enacted pursuant to that law (8 Ill. Adm. Code 90) or the Companion Animal Cremation Act [815 ILCS 318].  Compliance with this State Law shall not exempt a licensee from compliance with local ordinances.

 

3)         Take effective control measures to prevent infestation of animals and premises with external parasites and vermin.

 

4)         Provide water from a source having sufficient pressure to properly sanitize and clean the facility and equipment.  This subsection (a)(4) does not apply to equine shelters.

 

5)         Provide hand washing facilities.

 

b)         All buildings shall be constructed so as to provide adequate shelter for the comfort of the animals and shall provide adequate facilities for isolation of diseased animals and their waste to avoid exposure to healthy and salable animals.

 

c)         Floors of buildings housing or displaying animals shall be of permanent construction to enable thorough cleaning and sanitizing, except equine shelters.  Dirt and unfinished wood floors are unacceptable, except for equine shelters.  Cleaning shall be performed daily, or more often if necessary, to prevent any accumulation of debris, dirt or waste.

 

d)         Cages shall be constructed of a material that is impervious to urine and water and able to withstand damage from gnawing and chewing. This subsection (d) does not apply to equine shelters.

 

1)         The cages must be cleaned and sanitized at least once daily, or more often if necessary.

 

2)         All empty cages shall be kept clean at all times.

 

3)         Cages shall be of sufficient size to allow the animal to comfortably stand, sit, or lie, and offer freedom of movement.

 

4)         An ambient temperature as defined in the rules for the Federal Animal Welfare Act (9 CFR 3.2; 2006) shall be maintained for warmblooded animals.  In the case of coldblooded animals, the temperature that is compatible to the well-being of the species shall be maintained.

 

e)         Runs shall be constructed of material of sufficient strength and design to confine the animals. This subsection (e) does not apply to equine shelters.

 

1)         They shall be kept in good repair and condition.

 

2)         For new construction or remodeling, the licensee shall provide runs surfaced with concrete or other impervious material.

 

3)         Surface of the run shall be designed to permit the surface to be cleaned and kept free from excessive accumulation of animal waste.

 

4)         Provisions must be made for adequate drainage, including gutters and discharge of any fluid or content into a sewer, septic tank or filter field, and shall comply with any local zoning.

 

f)         Cages or aquariums for housing of small animals, birds, or fish shall provide space not less than 2½ times the body volume of living creatures contained therein.

 

g)         If animals are group-housed, they shall be maintained in compatible groups without overcrowding.  No female animal in estrus shall be placed in a pen with male animals, except for breeding purposes.

 

h)         Upon an inspection of a licensee or applicant by the Department, the Department may provide a Work Progress Form to the licensee or applicant if deficiencies are detected during the inspection.  The licensee or applicant must make the improvements to correct the deficiencies listed in the form within the time period specified in the form.

 

(Source:  Amended at 31 Ill. Reg. 6904, effective May 1, 2007)

 

Section 25.30  General Care of Animals

 

a)         All persons or establishments licensed under this Act shall comply with all Sections of the Humane Care for Animals Act [510 ILCS 70].

 

b)         Sufficient clean water and fresh food shall be offered to each animal daily as prescribed in the rules for the Federal Animal Welfare Act (9 CFR 3.5-3.7; 2006).  In the case of young animals, they shall be fed more than once daily. Reptiles, fish or amphibians shall be fed and cared for in accordance with the eating patterns and environmental conditions compatible with each individual species.

 

c)         The licensee or his representative shall be present for general care and maintenance of the animals at least once daily.

 

d)         Aquariums containing fish shall be kept in a clean healthful condition.  Live algae shall not be considered an unhealthful condition.  Any dead fish shall be removed from aquariums.

 

e)         Adult cats shall be provided with litter pans at all times.  The pans shall be cleaned and sanitized at least once daily or more often if necessary.

 

f)         Equine shelters shall follow the American Association of Equine Practitioners (AAEP) Care Guidelines for Equine Rescue and Retirement Facilities (2004).  The AAEP care guidelines are available from the Department and published on the Department's web site.

 

(Source:  Amended at 31 Ill. Reg. 6904, effective May 1, 2007)

 

Section 25.40  Dogs and Other Companion Animals Brought into Illinois (Repealed)

                                               

(Source:  Repealed at 31 Ill. Reg. 6904, effective May 1, 2007)

 

Section 25.45  Importation of Exotic or Non-Domestic Animals; Permit (Repealed)

 

(Source:  Repealed at 31 Ill. Reg. 6904, effective May 1, 2007)

 

Section 25.47 Animals Imported Into Illinois

 

Licensees shall not cause animals to be imported into Illinois from another state or country, unless the animals are accompanied by a health certificate and an entry permit number that satisfy the following requirements:

 

a)         Health Certificate Requirements

 

1)         The health certificate shall state the age, sex, breed, number and description of each animal.

 

2)         The health certificate shall state that the animal is free from visible evidence of contagious, infectious or communicable diseases, that it originated in an area not under quarantine because of rabies, and that all animals required to be vaccinated against rabies have been vaccinated as set forth in 8 Ill. Adm. Code 30.90 (Illinois Animal Control Act). One health certificate may encompass all, or any part of, a single animal shipment, as long as the certificate meets the requirements of this Section with regard to animals.

 

3)         A copy of the health certificate shall be filed with the Department upon entry of the animal into Illinois. 

 

4)         A health certificate shall not be required for:

 

A)        fish;

 

B)        dogs consigned to hospitals, pharmaceutical companies, or licensed research institutions for research or teaching;

 

C)        performing dogs or dogs brought in for a limited period of time for exhibition or breeding purposes and kept under direct control while in Illinois; and

 

D)        animals entering Illinois from states in which a declaration of disaster has been made, provided the animal is examined by a licensed veterinarian within 24 hours after arrival.

 

5)         All health certificates shall be issued by an accredited veterinarian of the state of origin or by a veterinarian in the employ of the United States Department of Agriculture (USDA) or by a licensed veterinarian of the country of origin.

 

6)         The form of the health certificate shall be approved by the animal health official of the state or country of origin and shall reflect the state or country of origin.

 

7)         The health certificate must have an issuance date within 30 days prior to entry of the animal into Illinois.

 

b)         Entry Permit Number Requirements

 

1)         A person may request an entry permit number by contacting the Department by telephone, in writing, or on line at the Department's web site. A permit number will be issued immediately upon submission of a request.

 

2)         Before the Department shall issue an entry permit number, the person requesting the permit number shall provide to the Department the following information:

 

A)        Name, address and telephone number of the owner of the animal;

 

B)        Name, address and telephone number of the person transporting the animal into Illinois;

 

C)        Name, address and telephone number of the person making request for the entry permit number;

 

D)        Name, address and telephone number of the place of origin and destination;

 

E)        Number and species of animals entering Illinois;

 

F)         Date of entry into Illinois; and

 

G)        USDA license numbers, if applicable.

 

3)         The entry permit number must have an issuance date within 30 days prior to entry of the animal into Illinois.

 

4)         Grounds for refusal to issue an entry permit number are:

 

A)        Violation of the Act or rules; and

 

B)        Presence of a disease that might endanger the Illinois livestock or   companion animal industry or pose a threat to public health.

 

5)         An entry permit number shall not be required for the import of fish.

 

6)         Entry permit numbers for animals entering Illinois from a state in which a declaration of emergency has been made shall be obtained within 24 hours after arrival.

 

c)         Licensees shall retain copies of the health certificates as part of their business records that are subject to inspection by the Department under the Act and Section 25.90.  Such records are required to be kept by licensees for 2 years from the date of receipt of the imported animal.

 

(Source:  Added at 31 Ill. Reg. 6904, effective May 1, 2007)

 

Section 25.50  Shipment of Mammals and Birds

 

a)         Animals shall be transported in crates constructed of a smooth, durable material which is easily cleaned and shall:

 

1)         Have a solid floor which may have a false bottom above it.

 

2)         Be so constructed as prescribed in the rules for the Federal Animal Welfare Act (9 CFR 3.13-3.19; 2006) as to provide maximum safety for the particular animal or animals being transported.

 

3)         Have openings on 2 sides and the top to assure adequate ventilation.

 

b)         In all cases, the crates shall be large enough to provide space for the animals to lie down in an extended position and to allow ease of movement when standing or turning around as prescribed in the rules for the Federal Animal Welfare Act (9 CFR 3.13-3.19; 2006).  When the temperature is over 85° F., increased space shall be provided within reason.

 

c)         The crates shall be cleaned before use for each trip.

 

d)         Food and water containers shall be cleaned and sanitized before each trip.

 

e)         If bedding is used it shall be clean, dry, and relatively dust-free.

 

f)         Animals in transit for 4 or more hours shall be offered food 2 hours before loading and fresh water about 30 minutes before loading.

 

g)         The person or persons responsible for the welfare of the animal or animals while in transit shall:

 

1)         Offer the animals food at least once each 24 hours, except that newly weaned young shall be offered suitable food at 4-hour intervals.

 

2)         Offer all animals water at 8-hour intervals at least, except that water shall be offered at 2-hour intervals when the temperature reaches 90° F.

 

3)         Clean the crate or crates at least every 24 hours and, if bedding is used, shall provide clean bedding.

 

4)         Inspect each animal at 4-hour intervals, or oftener.

 

h)         No female obviously near parturition shall be transported.

 

i)          Trucks transporting animals shall provide protection from the sun in hot weather, and protection from cold weather.  Adequate ventilation shall be provided in hot weather, and the trucks shall be draft-free in cold weather.  Provisions shall be made for warming an area carrying weaned young if the temperature falls below 50° F., and for unweaned young if the temperature falls below 65° F.

 

(Source:  Amended at 31 Ill. Reg. 6904, effective May 1, 2007)

 

Section 25.60  Health of Animals at Time of Release

 

The following shall deem an animal unfit for sale or release:

 

a)         Obvious signs of infectious disease; or

 

b)         Obvious signs of nutritional deficiency; or

 

c)         Obvious signs of severe parasitism – extreme enough to be influencing general health of animal; or

 

d)         Obvious fractures or congenital abnormalities affecting general health of animal; or

 

e)         Obvious sign of disease extreme enough to be influencing the general health of the animal; or

 

f)         Failure to comply with 42 CFR 71.51(c) (2006), rabies vaccination requirements for dogs.

 

(Source:  Amended at 31 Ill. Reg. 6904, effective May 1, 2007)

 

Section 25.70  Department May Restrict The Sale of Animals

 

The Department may restrict the sale of any animal suspected of being diseased or otherwise unfit for sale as prescribed in 8 Ill. Adm. Code 25.60.

 

(Source:  Amended at 7 Ill. Reg. 1724, effective January 28, 1983)

 

Section 25.80  Quarantine

 

a)         The Director of the Illinois Department of Agriculture may order a quarantine as prescribed in the Illinois Diseased Animals Act [510 ILCS 50] and 8 Ill. Adm. Code 85 placed on the entire premises of the licensee, on a specific species of animals, or on a specific group of animals for any one of the following:

 

1)         Excessive parasitism.

 

2)         General malnutrition.

 

3)         Contagious disease.

 

b)         This quarantine may be placed after consultation with licensee or his duly authorized representative concerning the nature, frequency, and extent of the disease or diseases involved.

 

c)         Conditions not specified above may be cause for quarantine at the discretion of the Director of the Illinois Department of Agriculture.

 

(Source:  Amended at 28 Ill. Reg. 13376, effective October 1, 2004)

 

Section 25.90  Records

 

a)         Records of sales of all animals, excluding fish, shall be maintained by the licensee for a minimum period of 12 months after date of sale or transfer of animal, and shall include the source of animal, date of sale, description and sex of animal sold, and the name and address of purchaser.  Records of sales of small mammals (i.e., hamsters, mice, gerbils or rats that were born in the United States), birds and fish are not required.  These records must be available for inspection during normal business hours by Department employees or persons designated by the Department.  Each licensee must report to the Department the number of dogs, puppies, cats, kittens and exotic or non-domesticated animals sold for the previous calendar year at the time of license renewal.  Shelters and animal control facilities must report to the Department the total number of dogs, cats and other animals received, adopted, euthanized or reclaimed by the owner for the previous calendar year at the time of license renewal.

 

b)         If record of prophylactic medication is used in advertisement or is furnished the purchaser or person acquiring an animal, specific information regarding type, amount, and date of prophylactic medication shall be kept by the licensee and shall become a part of the retail sales record.

 

c)         The licensee or his representative shall furnish the purchaser of a dog, cat or non-human primate a written statement at the time of sale.

 

1)         The statement shall show:

 

A)        Date of sale and date of birth, if known.

 

B)        Name, address, and telephone number of licensee.

 

C)        Name, address, and telephone number of purchaser.

 

D)        Breed and description of dog, cat or non-human primate, including age, sex and weight of the animal.

 

E)        Prophylactic immunizations and dates administered.

 

F)         Internal parasite medications and dates administered.

 

G)        A record of sterilization or lack of sterilization.

 

H)        Guarantee, if offered; if none, so state.

 

I)         If the dog or cat is being sold as being capable of registration, the name and registration numbers of the sire and dam and registry information.

 

J)         Records shall also include any other significant identification, if known, for each animal, including any official tag number, tattoo or microchip.

 

2)         This information may be recorded on Department Form PS-5 (Animal Welfare Release Statement), or on a similar form prepared by the licensee and approved in advance by the Department.

 

d)         The licensee shall have any dog used as a sire tested annually for canine brucellosis.  The test must be performed by a licensed veterinarian and the licensee must keep a copy of the test results for two years.

 

(Source:  Amended at 31 Ill. Reg. 6904, effective May 1, 2007)

 

Section 25.100   Consent Statement and Inspection

 

The licensee will be required to sign a consent statement on the license application, which will permit authorized Department personnel entrance onto the premises for inspection during reasonable business hours or at other times deemed necessary by the Department to properly enforce the Act.

 

(Source:  Amended at 7 Ill. Reg. 1724, effective January 28, 1983)

 

Section 25.110  Animals Prohibited from Sale

 

a)         Licensees shall not offer skunks for sale as pets.

 

b)         Licensees shall not offer for sale those animals the ownership of which would constitute a violation of Section 1 of the Illinois Dangerous Animals Act [720 ILCS 585/1].  These include the following animals and any hybrids thereof: lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarundi, civet, serval, hyena, bear, wolf or coyote, or any poisonous or life-threatening reptile.  A life-threatening reptile is any member of the crocodilian family or any constricting snake six feet or over in length, such as boa, python, and anaconda.  This does not include any canine or feline breeds registered by the American Kennel Club, the United Kennel Club, the Cat Fancier’s Association or the International Cat Association.

 

c)         Licensees shall not possess or offer for sale turtle or viable turtle eggs which would constitute a violation of Section 264 of the Public Health Service Act (42 USCA 264), the rules for that Act (21 CFR 1240.62; 2005) and Section 3372 of the Lacey Act (16 USCA 3372).

 

(Source:  Amended at 30 Ill. Reg. 13124, effective July 24, 2006)

 

Section 25.115  Guard and Sentry Dogs

 

Guard and sentry dog services shall comply with all provisions of the Illinois Humane Care for Animals Act [510 ILCS 70] and the Illinois Animal Control Act [510 ILCS 5] relating to the care the animals receive when stationed at a point away from the licensed facility as well as at the facility.  In addition to the general content of 510 ILCS 70 and 510 ILCS 5, the dog services shall comply specifically with the following:

 

a)         Any animal utilized for guard or sentry dog purposes shall be immunized against distemper, hepatitis, leptospirosis, and parvovirus, and a current and valid certificate of these immunizations shall be retained on file at the facility.  This is in addition to the mandatory rabies immunization as required pursuant to the Illinois Animal Control Act.

 

b)         Any animal utilized or maintained as a guard or sentry dog shall be in a physically healthy condition by gross observation and free from any apparent disease or internal or external parasitic condition.  Any animal that the Department has reasonable cause to believe is injured, sick, diseased, unwell, or malnourished or constitutes a danger to the public health and safety may be ordered to be removed from the premises and restricted from use until the animal is examined by a licensed veterinarian and provided the recommended treatment, if deemed to be necessary.  A statement will be retained on file and be available for review by Department representatives.  Any animal shall be restricted from use until a statement attesting to its satisfactory condition is received from the licensed veterinarian and such statement relayed to the Department.  Every dog currently used as a guard dog or sentry dog shall be examined and certified for health within 90 days after the effective date of these regulations.  Any new animal purchased or obtained before being stationed at any point shall be examined by a veterinarian and receive the necessary immunizations at least 72 hours before use as a guard or sentry animal.

 

c)         All animals utilized for guard or sentry dog service shall have the proper current licenses and tags affixed to its collar, harness or other device and have a fluorescent medallion affixed to signify the animal as having such a designation and purpose.

 

d)         No person shall keep, use, or maintain a guard dog or sentry dog on any premises unless a warning sign is posted in plain view at each gate or entrance to the premises. The signs shall include the message "WARNING: GUARD DOG ON PREMISES" in bold print and shall have the name of the guard dog service or other responsible person and a 24-hour emergency telephone number printed below the warning.

 

e)         No person shall keep, use, or maintain a guard dog or sentry dog on any premises unless the dog is provided full access to an enclosed building, dog house, or similar shelter.  If more than one animal is utilized for a guard or sentry dog at one location, each must be furnished adequate shelter.  The shelter must:

 

1)         Be constructed in a manner to assure protection of the dog from the elements.

 

2)         Have a floor off the ground and be cleaned and maintained in a manner to assure the best possible sanitary condition.

 

3)         Be of adequate size to accommodate the number and size of dogs required to utilize the prescribed housing. A shelter will be presumed to be of adequate size if the dog has freedom to sit, stand, and lie in comfort.

 

4)         If the structure is not radiantly heated, it shall have a sufficient quantity of suitable bedding material such as hay, straw, cedar shavings, or the equivalent to provide insulation and protection against cold and dampness for comfort.

 

5)         The shelter shall be placed in such location or protected to prevent wind and the other elements from injuring the contained animal's health.

 

f)         No person shall keep, use or maintain a guard dog or sentry dog on any premises unless the dog has access to water at all times with ice not being considered as water, and:

 

1)         if the water is kept in a container or pail, the water is kept in an area to prevent contamination and spillage and replaced with fresh water at least once each calendar day; or

 

2)         if the water is provided by an automatic or demand device, the water supply to the device is on 24 hours each day.

 

g)         No person shall keep, use, or maintain a guard dog or sentry dog on any premises unless the dog is provided sufficient quantities of dog food to maintain proper body weight and good general health.  The food shall be kept in a suitable container within viewable range without the need to enter the premises but kept in an area to prevent tampering, contamination or spillage.  Fresh food shall be placed in a clean container at least once each calendar day.  Spoiled or contaminated food shall be disposed of in a proper manner.

 

h)         Each guard dog service shall notify by mail the fire station and police station closest to the premises where the dog will be on duty, not more than 15 days before a dog is sent on an assignment, if the guard dog service knows it will be providing services at that time.  If a guard dog service first becomes aware that a dog will be sent on an assignment less than 15 days before the guard dog service will be providing services, the guard dog service shall notify in person the fire station and police station closest to the premises where the dog will be on duty within 24 hours after becoming aware of the assignment.  The local law enforcement agency and fire department shall maintain a file on these assignments, and each file shall contain a manned 24-hour emergency telephone number in the event the premises must be entered for police or fire reasons.  If a pager number or answering device is used, a response shall be received within 30 minutes to comply with the manned telephone requirement.  The local law enforcement agency and fire department shall make these files available to Department investigators and approved humane investigators on request.

 

i)          Each guard dog or sentry dog shall, whenever the dog is kept on actual duty, be visited by a dog handler at least once daily to insure that the dog's physical condition, its surroundings, and its food and water supply are adequate as specified in this Section and if inadequate the dog handler shall do whatever may be necessary to correct or remedy the situation.  The dog handler shall be either the owner of, or be employed by or under contract to, the guard dog or sentry dog service that placed the dog on assignment.

 

j)          Whenever a dog subject to this Section is being transported anywhere, it shall be well secured in a humane manner as will reasonably prevent its possible escape.  When animals are transported in crates or containers, the crates or containers must be constructed of nonabrasive wire or a smooth, durable material suitable for the animals.  Crates and containers must be clean, adequately ventilated, contain sufficient space to allow the animals to turn around and provide maximum safety and protection to the animals.  No guard dog or sentry dog shall be transported in the trunk of a car or on open bed trucks.

 

(Source:  Added at  20 Ill. Reg. 265, effective January 1, 1996)

 

Section 25.120  Boarding and Training

 

Persons licensed as kennel operators shall comply with the following rules, in addition to 8 Ill. Adm. Code 25.10 through 25.110:

 

a)         Records shall be maintained for a period of 12 months after the boarding or training is completed.  The record shall state the owner's name, address, and telephone number; expected duration of the stay; service to be provided; and owner's agent for emergency contacts.

 

b)         No dog or cat shall be accepted for boarding or training unless it has been vaccinated for distemper and proof of such vaccination has been furnished to the kennel operator.  (Exemption to distemper vaccination requirement is available upon written recommendation from owner's veterinarian.)  Any dog accepted must be in compliance with the rabies vaccination requirements of the Illinois Animal Control Act [510 ILCS 5].

 

c)         Any animal that appears to be ill shall be promptly examined by a veterinarian of the owner's choice, if known, or by the veterinarian employed by the licensee, and a record kept of the examination and treatment.

 

d)         In the event an animal dies while being boarded or while in training, the body shall be handled in one of the following ways:

 

1)         The body preserved by refrigeration or freezing until examined or returned to the owner.  The body is to be held for at least one week after the time the owners are scheduled to return, after which time the body may be disposed of in compliance with the Illinois Dead Animal Disposal Act [225 ILCS 610] or the Companion Animal Cremation Act [815 ILCS 318]; or

 

2)         Bodies are to be submitted to a licensed veterinarian and a necropsy performed at the kennel operator's expense, unless prior agreement for payment of such services by the owner is made.  A copy of the necropsy report is to be given to the owner.

 

e)         Animals shall not be group-housed unless the owners of the animals provide prior consent and a record of that consent is maintained by the licensee for 12 months.

 

f)         If the owners of animals do not appear or contact the kennel operator within 30 days after their stated return time, the kennel operator has the right to dispose of the animal.

 

(Source:  Amended at 43 Ill. Reg. 4505, effective March 26, 2019)

 

Section 25.130  Animal Control Facilities and Animal Shelters

 

Persons licensed to operate animal control facilities and animal shelters shall comply with the Illinois Humane Euthanasia in Animal Shelters Act [510 ILCS 72], the Humane Care for Animals Act [510 ILCS 70], and the following rules, in addition to the other rules already prescribed.

 

a)         Licensee shall make a record of each animal received, including the date it was received, the source, and the eventual disposition.

 

b)         Euthanasia shall be done in compliance with the Humane Euthanasia in Animal Shelters Act [510 ILCS 72].  If the species is not covered by the Act, the most recent American Veterinary Medical Association Panel on Euthanasia guidelines shall be used.  Under no circumstances can unacceptable agents or methods of euthanasia be used.

 

c)         Licensee shall accept any animal for which the person wishing to dispose of the animal is willing to sign an affidavit of ownership giving his name, address, telephone number, reasons for wishing to dispose of the animal, and description of the animal, including distinguishing marks and pertinent medical information, if any, provided the licensee is equipped to accept that type of animal and has available space for the animal.

 

d)         Any animal presented to an animal control facility or shelter in an injured, diseased, or ill condition shall be examined by and, if feasible, treated by a licensed veterinarian as soon as possible.  If the veterinarian deems that, for humane reasons, the animal should be euthanized, his recommendations for euthanasia shall be followed.

 

e)         Licensee operating an animal control facility for a municipality or other political subdivision shall, in a conspicuous place at the establishment, post the hours the facility will be open with an attendant on duty to release estrayed pets back to their owner.  Any expense incurred during the period of impoundment shall be paid by the owner prior to release of the impounded animal.

 

(Source:  Amended at 31 Ill. Reg. 6904, effective May 1, 2007)

 

Section 25.140  Foster Homes

 

The licensed animal shelter shall be responsible for submission of the application and payment of the required fee prior to utilizing a designee as a foster home.  The following requirements shall be complied with and will be the shelter's obligation:

 

a)         No more than four animals (dogs or cats) shall be maintained at a foster home location at any one time.

 

b)         The animals held at the foster home shall be afforded a clean environment and the home shall comply with all provisions of the Illinois Humane Care for Animals Act [510 ILCS 70].

 

c)         The animals held for adoption shall be segregated from any personally owned pets.

 

d)         Records for the animals shall be available for review by Department personnel upon request and shall be retained at the animal shelter for two years.

 

e)         The foster home shall be accessible for general observation by Department personnel for compliance with sanitation and the quality of care being afforded the animals.

 

f)         Any dog over four months of age shall be vaccinated for rabies and the certificate of vaccination will be transferred to the person adopting the dog.

 

g)         No animals shall be released to an adoptive owner until provisions have been completed for spaying of females or neutering of males.

 

(Source:  Added at  20 Ill. Reg. 265, effective January 1, 1996)

 

Section 25.145  Kennel Operators

 

a)         All kennel operators shall comply with this Part, as applicable, and this Section.

 

b)         A kennel operator that maintains cats or dogs for boarding must meet one of the following:

 

1)         Be staffed at all times cats or dogs are on the premises.  A staffing plan shall be maintained on file with the Department;

 

2)         Have an operational fire sprinkler system in every building where cats or dogs are located. The fire sprinkler system must communicate notifications directly to local emergency responders; or

 

3)         Have an operational fire alarm system in every building where cats and dogs are located. For the purposes of this Section, a fire alarm system includes any of the following:

 

A)        A hard-wired fire alarm system that communicates notifications directly to local emergency responders;

 

B)        A wireless fire alarm system that communicates notifications directly to local emergency responders; 

 

C)        A fire alarm system that is monitored by a third-party security service, with an active service contract, when the security service will communicate notifications directly to local emergency responders.

 

c)         A qualified fire inspector may inspect a kennel operator that maintains dogs and cats for boarding during the course of performing routine inspections. If, during a routine inspection, a qualified fire inspector determines that the kennel operator does not have a fire alarm system or fire sprinkler system, the inspector may inform the Department. [225 ILCS 605/18.2(c)]

 

d)         A kennel operator shall certify in its license application, and annually certify in its license renewal application, one of the following:

 

1)         The kennel is staffed at all times cats or dogs are on the premises. The kennel operator shall provide the Department with a staffing plan;

 

2)         The kennel has an operational fire sprinkler system in every building where cats and dogs are located. The kennel operator shall provide:

 

A)        a picture and description of the make and model of the system; and

 

B)        if the system has been inspected by a qualified fire inspector, a copy of the inspection report; or

 

3)         The kennel has an operational fire alarm system in every building where cats and dogs are located. The kennel operator shall provide:

 

A)        a picture and description of the make and model of the system; and

 

B)        if the system:

 

i)          has been inspected by a qualified fire inspector, a copy of the inspection report; and/or

 

ii)         is monitored by a third-party security service, a copy of the service contract evidencing that there is third-party monitoring of the system, or a statement evidencing that there is third-party monitoring and the service contract is effective and operational.

 

(Source:  Added at 44 Ill. Reg. 10087, effective May 28, 2020)

 

Section 25.150  Illinois Diseased Animals Act

 

All persons licensed under this Part must also comply with the provisions of the Illinois Diseased Animals Act [510 ILCS 50] and 8 Ill. Adm. Code 85.

 

(Source:  Added at 28 Ill. Reg. 13376, effective October 1, 2004)