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1 | AN ACT concerning animals.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 10. The Animal Welfare Act is amended by changing | ||||||
5 | Sections 2, 3, 3.2, 3.3, 7, 20.5, and 21 as follows:
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6 | (225 ILCS 605/2) (from Ch. 8, par. 302)
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7 | Sec. 2. Definitions. As used in this Act unless the context | ||||||
8 | otherwise
requires:
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9 | "Department" means the Illinois Department of Agriculture.
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10 | "Director" means the Director of the Illinois Department of | ||||||
11 | Agriculture.
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12 | "Pet shop operator" means any person who sells, offers to | ||||||
13 | sell,
exchange, or offers for adoption with or without charge | ||||||
14 | or donation dogs,
cats, birds, fish, reptiles, or other animals | ||||||
15 | customarily obtained as pets
in this State. However, a person | ||||||
16 | who sells only such animals that he has
produced and raised | ||||||
17 | shall not be considered a pet shop operator under this
Act, and | ||||||
18 | a veterinary hospital or clinic operated by a veterinarian or
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19 | veterinarians licensed under the Veterinary Medicine and | ||||||
20 | Surgery Practice
Act of 2004 shall not be considered a pet shop | ||||||
21 | operator under this
Act.
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22 | "Dog dealer" means any person who sells, offers to sell, | ||||||
23 | exchange, or
offers for adoption with or without charge or |
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1 | donation dogs in this State.
However, a person who sells only | ||||||
2 | dogs that he has produced and raised shall
not be considered a | ||||||
3 | dog dealer under this Act, and a veterinary hospital or
clinic | ||||||
4 | operated by a veterinarian or veterinarians licensed under the
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5 | Veterinary Medicine and Surgery Practice Act of 2004
shall not | ||||||
6 | be considered a dog dealer under this Act.
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7 | "Secretary of Agriculture" or "Secretary" means the | ||||||
8 | Secretary of
Agriculture of the United States Department of | ||||||
9 | Agriculture.
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10 | "Person" means any person, firm, corporation, partnership, | ||||||
11 | association
or other legal entity, any public or private | ||||||
12 | institution, the State of
Illinois, or any municipal | ||||||
13 | corporation or political subdivision of the
State.
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14 | "Kennel operator" means any person who operates an | ||||||
15 | establishment, other
than an animal control facility, | ||||||
16 | veterinary hospital, or animal
shelter, where dogs or dogs and | ||||||
17 | cats are maintained
for boarding, training or similar purposes | ||||||
18 | for a fee or compensation.
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19 | "Boarding" means a time frame greater than 12 hours or an | ||||||
20 | overnight period during which an animal is kept by a kennel | ||||||
21 | operator. | ||||||
22 | "Cat breeder" means a person who sells, offers to sell, | ||||||
23 | exchanges, or offers for adoption with or without charge cats | ||||||
24 | that he or she has produced and raised. A person who owns, has | ||||||
25 | possession of, or harbors 5 or less females capable of | ||||||
26 | reproduction shall not be considered a cat breeder. |
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1 | "Dog breeder" means a person who sells, offers to sell, | ||||||
2 | exchanges, or offers for adoption with or without charge dogs | ||||||
3 | that he has produced and raised. A person who owns, has | ||||||
4 | possession of, or harbors 5 or less females capable of | ||||||
5 | reproduction shall not be considered a dog breeder.
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6 | "Animal control facility" means any facility operated by or
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7 | under contract for the State,
county, or any municipal | ||||||
8 | corporation or political subdivision of the State
for the | ||||||
9 | purpose of impounding or harboring seized, stray, homeless,
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10 | abandoned or unwanted dogs, cats, and other animals. "Animal | ||||||
11 | control
facility" also means any
veterinary hospital or clinic | ||||||
12 | operated by a veterinarian or veterinarians
licensed under the | ||||||
13 | Veterinary Medicine and Surgery Practice Act of 2004 which
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14 | operates for the above mentioned purpose in addition to its | ||||||
15 | customary purposes.
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16 | "Animal shelter" means a facility operated, owned, or | ||||||
17 | maintained by a duly
incorporated humane society, animal | ||||||
18 | welfare society, or other non-profit
organization for the | ||||||
19 | purpose of providing for and promoting the welfare,
protection, | ||||||
20 | and humane treatment of animals. An organization that does not | ||||||
21 | have its own building that maintains animals solely in foster | ||||||
22 | homes or other licensees is an "animal shelter" for purposes of | ||||||
23 | this Act. "Animal shelter" also means any
veterinary hospital | ||||||
24 | or clinic operated by a veterinarian or veterinarians
licensed | ||||||
25 | under the Veterinary Medicine and Surgery Practice Act of 2004 | ||||||
26 | which
operates for the above mentioned purpose in addition to |
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1 | its customary purposes.
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2 | "Day care operator" means a person who operates an | ||||||
3 | establishment, other than an animal control facility, | ||||||
4 | veterinary hospital, or animal shelter, where dogs or dogs and | ||||||
5 | cats are kept for a period of time not exceeding 12 hours. | ||||||
6 | "Foster home" means an entity that accepts the | ||||||
7 | responsibility for
stewardship of animals that are the | ||||||
8 | obligation of an animal shelter or animal control facility, not | ||||||
9 | to
exceed 4 foster animals or 2 litters under 8 weeks of age at | ||||||
10 | any given time. A written agreement Permits to operate as a | ||||||
11 | "foster home"
shall be contracted with issued through the | ||||||
12 | animal shelter or animal control facility.
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13 | "Guard dog service" means an entity that, for a fee, | ||||||
14 | furnishes or leases
guard or sentry dogs for the protection of | ||||||
15 | life or property. A person
is not a guard dog service solely | ||||||
16 | because he or she owns a dog and uses it to
guard his or her | ||||||
17 | home, business, or farmland.
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18 | "Guard dog" means a type of dog used primarily for the | ||||||
19 | purpose of defending,
patrolling, or protecting property or | ||||||
20 | life at a commercial establishment
other than a farm. "Guard | ||||||
21 | dog" does not include stock dogs used primarily for
handling | ||||||
22 | and controlling livestock or farm animals, nor does it include
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23 | personally owned pets that also provide security.
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24 | "Return" in return to field or trap, neuter, return program | ||||||
25 | means to return the cat to field after it has been sterilized | ||||||
26 | and vaccinated for rabies. |
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1 | "Sentry dog" means a dog trained to work without | ||||||
2 | supervision in a fenced
facility other than a farm, and to | ||||||
3 | deter or detain unauthorized persons found
within the facility.
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4 | "Probationary status" means the 12-month period following | ||||||
5 | a series of violations of this Act during which any further | ||||||
6 | violation shall result in an automatic 12-month suspension of | ||||||
7 | licensure.
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8 | "Owner" means any person having a right of property in an | ||||||
9 | animal, who keeps or harbors an animal, who has an animal in | ||||||
10 | his or her care or acts as its custodian, or who knowingly | ||||||
11 | permits a dog to remain on any premises occupied by him or her. | ||||||
12 | "Owner" does not include a feral cat caretaker participating in | ||||||
13 | a trap, spay/neuter, vaccinate for rabies, and return or | ||||||
14 | release program. | ||||||
15 | (Source: P.A. 99-310, eff. 1-1-16; 100-842, eff. 1-1-19; | ||||||
16 | 100-870, eff. 1-1-19; revised 10-22-18.)
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17 | (225 ILCS 605/3) (from Ch. 8, par. 303)
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18 | Sec. 3. (a) Except as provided in subsection (b) of this | ||||||
19 | Section, no person shall engage in business as a pet shop | ||||||
20 | operator, dog
dealer, kennel operator, day care operator, dog | ||||||
21 | breeder, or cat breeder
or operate a guard dog service, an | ||||||
22 | animal control
facility, or animal shelter, or
any combination | ||||||
23 | thereof, in this State without a license therefor issued by
the | ||||||
24 | Department. If one business conducts more than one such | ||||||
25 | operation, each operation shall be licensed separately. Only |
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1 | one license shall be required for any combination of
businesses | ||||||
2 | at one location, except that a separate license shall be | ||||||
3 | required
to operate a guard dog service. Guard dog services | ||||||
4 | that are located outside
this State but provide services within | ||||||
5 | this State are required to obtain a
license from the | ||||||
6 | Department. Out-of-state guard dog services are required to
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7 | comply with the requirements of this Act with regard to guard | ||||||
8 | dogs and sentry
dogs transported to or used within this State.
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9 | (b) This Act does not apply to a private detective agency | ||||||
10 | or private security agency licensed under the Private | ||||||
11 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
12 | Vendor, and
Locksmith Act of 2004 that provides guard dog or | ||||||
13 | canine odor detection services and does not otherwise operate a | ||||||
14 | kennel for hire.
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15 | (Source: P.A. 100-842, eff. 1-1-19 .)
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16 | (225 ILCS 605/3.2)
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17 | Sec. 3.2. Foster homes. A person shall not operate a foster | ||||||
18 | home without affiliating by formal written agreement with an | ||||||
19 | animal shelter or animal control facility for which that person | ||||||
20 | will operate the foster home
first obtaining a permit from the | ||||||
21 | animal shelter or animal control facility for which that person | ||||||
22 | will
operate the foster home . The written agreement shall | ||||||
23 | include a clause allowing for the Department to inspect the | ||||||
24 | foster home. The animal shelter or animal control facility | ||||||
25 | shall be responsible for the records and have the obligation of |
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1 | stewardship for animals in the foster home with which it | ||||||
2 | affiliates. Upon application and payment of the required fees | ||||||
3 | by
the animal shelter, the Department shall issue foster home | ||||||
4 | permits to the
animal shelter. The animal shelter shall be | ||||||
5 | responsible for the records and
have all the obligations of | ||||||
6 | stewardship for animals in the foster homes to
which it issues | ||||||
7 | permits.
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8 | Foster homes shall provide the care for animals
required by | ||||||
9 | this Act and shall report any deviation that might affect its | ||||||
10 | adherence to its written agreement with the affiliating animal | ||||||
11 | shelter or animal control facility the
status of the license or | ||||||
12 | permit to the animal shelter . If the subject of a complaint, a | ||||||
13 | foster home may be inspected by the Department under the | ||||||
14 | Department's licensing authority relative to the affiliating | ||||||
15 | animal shelter or animal control facility. Refusal of the | ||||||
16 | Department's inspection may result in revocation of the | ||||||
17 | license.
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18 | A foster home shall not care for more than 4 foster animals | ||||||
19 | or more than 2 litters under 8 weeks of age at any one time.
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20 | (Source: P.A. 100-870, eff. 1-1-19 .)
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21 | (225 ILCS 605/3.3) | ||||||
22 | Sec. 3.3. Adoption of dogs and cats. | ||||||
23 | (a) An animal shelter or animal control facility shall not | ||||||
24 | adopt out any dog or adopt out or return to field any cat | ||||||
25 | unless it has been sterilized and microchipped. However, an |
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1 | animal shelter , or animal control facility may adopt out a dog | ||||||
2 | or cat that has not been sterilized and microchipped if: | ||||||
3 | (1) Blank; or the adopting owner has executed a written | ||||||
4 | agreement agreeing to have sterilizing and microchipping | ||||||
5 | procedures performed on the animal to be adopted within a | ||||||
6 | specified period of time not to exceed 30 days after the | ||||||
7 | date of the adoption, or | ||||||
8 | (2) the adopting owner has executed a written agreement | ||||||
9 | to have sterilizing and microchipping procedures performed | ||||||
10 | within 14 days after a licensed veterinarian certifies the | ||||||
11 | dog or cat is healthy enough for sterilizing and | ||||||
12 | microchipping procedures, and a licensed veterinarian has | ||||||
13 | certified that the dog or cat is too sick or injured to be | ||||||
14 | sterilized or it would be detrimental to the health of the | ||||||
15 | dog or cat to be sterilized or microchipped at the time of | ||||||
16 | the adoption. | ||||||
17 | (b) An animal shelter or animal control facility may adopt | ||||||
18 | out any dog or cat that is not free of disease, injury, or | ||||||
19 | abnormality if the disease, injury, or abnormality is disclosed | ||||||
20 | in writing to the adopter, and the animal shelter or animal | ||||||
21 | control facility allows the adopter to return the animal to the | ||||||
22 | animal shelter or animal control facility. | ||||||
23 | (c) The requirements of subsections (a) and (b) of this | ||||||
24 | Section do not apply to adoptions subject to Section 11 of the | ||||||
25 | Animal Control Act.
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26 | (Source: P.A. 96-314, eff. 8-11-09.)
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1 | (225 ILCS 605/7) (from Ch. 8, par. 307)
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2 | Sec. 7.
Applications for renewal licenses shall be made to | ||||||
3 | the
Department in a manner prescribed by the
Department, shall | ||||||
4 | contain such information as will enable the Department
to | ||||||
5 | determine if the applicant is qualified to continue to hold a | ||||||
6 | license, shall report beginning inventory and intake and | ||||||
7 | outcome statistics from the previous calendar year, and shall | ||||||
8 | be accompanied by the required fee, which shall not be
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9 | returnable. The report of intake and outcome statistics shall | ||||||
10 | include the following:
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11 | (1) The total number of dogs, cats, and other animals, | ||||||
12 | divided into species, taken in by the animal shelter or | ||||||
13 | animal control facility, in the following categories: | ||||||
14 | (A) surrendered by owner; | ||||||
15 | (B) stray; | ||||||
16 | (C) impounded other than stray; | ||||||
17 | (D) confiscated under the Humane Care for Animals | ||||||
18 | Act; | ||||||
19 | (E) transfer from other licensees within the | ||||||
20 | State; | ||||||
21 | (F) transferred into or imported from out of the | ||||||
22 | State; | ||||||
23 | (G) transferred into or imported from outside the | ||||||
24 | country; and | ||||||
25 | (H) born in shelter or animal control facility. |
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1 | (2) The disposition of all dogs, cats, and other | ||||||
2 | animals taken in by the animal shelter or animal control | ||||||
3 | facility, divided into species. This data must include | ||||||
4 | dispositions by: | ||||||
5 | (A) reclamation by owner; | ||||||
6 | (B) adopted or sold; | ||||||
7 | (C) euthanized; | ||||||
8 | (D) euthanized per request of the owner; | ||||||
9 | (E) died in custody; | ||||||
10 | (F) transferred to another licensee; | ||||||
11 | (G) transferred to an out-of-State nonprofit | ||||||
12 | agency; | ||||||
13 | (H) animals missing, stolen, or escaped; | ||||||
14 | (I) cats returned animals released in field; | ||||||
15 | trapped, neutered, released; and | ||||||
16 | (J) ending inventory; shelter count at end of the | ||||||
17 | last day of the year. | ||||||
18 | The Department shall not be required to audit or validate | ||||||
19 | the intake and outcome statistics required to be submitted | ||||||
20 | under this Section. | ||||||
21 | (Source: P.A. 100-870, eff. 1-1-19 .)
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22 | (225 ILCS 605/20.5) | ||||||
23 | Sec. 20.5. Administrative fines. The following | ||||||
24 | administrative fines may shall be imposed by the Department | ||||||
25 | upon any person or entity who violates any provision of this |
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1 | Act or any rule adopted by the Department under this Act: | ||||||
2 | (1) For the first violation, a fine of $1,000 $500 . | ||||||
3 | (2) For a second violation that occurs within 2 3 years | ||||||
4 | after the first violation, a fine of $2,500 $1,000 . | ||||||
5 | (3) For a third violation that occurs within 2 3 years | ||||||
6 | after the first violation, mandatory probationary status | ||||||
7 | and a fine of $3,000 $2,500 .
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8 | If a person or entity fails or refuses to pay an | ||||||
9 | administrative fine authorized by this Section, the Department | ||||||
10 | may prohibit that person or entity from renewing a license | ||||||
11 | under this Act until the fine is paid in full. Any penalty of | ||||||
12 | $500 or more not paid within 120 days of issuance by the | ||||||
13 | Department shall be submitted to the Department of Revenue for | ||||||
14 | collection as provided under the Illinois State Collection Act | ||||||
15 | of 1986. | ||||||
16 | (Source: P.A. 98-855, eff. 8-4-14.)
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17 | (225 ILCS 605/21) (from Ch. 8, par. 321)
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18 | Sec. 21.
The following fees shall accompany each | ||||||
19 | application for a license,
which fees shall not be returnable:
| ||||||
20 | a. for an original license to an individual ...... $350 $25
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21 | b. for an original license to a partnership , animal | ||||||
22 | shelter, or animal control facility or
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23 | corporation .............................. $350 $25
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24 | c. for an annual renewal license ................. $100 $25
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25 | d. for each branch office license ................ $100 $25
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1 | e. for the renewal of any license not renewed by
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2 | July 1 of the year ....................... $400 $40
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3 | f. (blank) for a permit for a foster home $25
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4 | g. (blank) for renewal of a permit for a foster home $25
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5 | (Source: P.A. 89-178, eff. 7-19-95.)
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6 | Section 15. The Animal Control Act is amended by changing | ||||||
7 | Sections 2.01, 2.07, 2.16, 11, 24, and 35 and by adding | ||||||
8 | Sections 2.19-3 as follows:
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9 | (510 ILCS 5/2.01) (from Ch. 8, par. 352.01)
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10 | Sec. 2.01. Administrator. "Administrator" means a | ||||||
11 | veterinarian licensed by the State of
Illinois
and appointed | ||||||
12 | pursuant to this Act, or in the event a veterinarian cannot be
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13 | found and appointed pursuant to this Act, a non-veterinarian | ||||||
14 | may serve as
Administrator under this Act. In the event the | ||||||
15 | Administrator is not a
veterinarian, the Administrator shall | ||||||
16 | defer to the Deputy Administrator veterinarian regarding all
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17 | medical decisions.
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18 | (Source: P.A. 93-548, eff. 8-19-03.)
| ||||||
19 | (510 ILCS 5/2.07) (from Ch. 8, par. 352.07)
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20 | Sec. 2.07. Deputy Administrator. "Deputy Administrator" | ||||||
21 | means a veterinarian licensed by the State
of
Illinois, | ||||||
22 | appointed by the Administrator or the County Board .
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23 | (Source: P.A. 93-548, eff. 8-19-03.)
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| |||||||
1 | (510 ILCS 5/2.16) (from Ch. 8, par. 352.16)
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2 | Sec. 2.16. Owner. "Owner" means any person having a right | ||||||
3 | of property in an
animal, or who keeps or harbors an animal, or | ||||||
4 | who has it
in his
care, or acts as its custodian, or who | ||||||
5 | knowingly permits a dog to remain on any premises occupied by | ||||||
6 | him or her. "Owner" does not include a feral cat caretaker | ||||||
7 | participating in a trap, spay/neuter, vaccinate for rabies, and | ||||||
8 | return or release program.
| ||||||
9 | (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
| ||||||
10 | (510 ILCS 5/2.19-3 new) | ||||||
11 | Sec. 2.19-3. Return. "Return" in return to field or trap, | ||||||
12 | neuter, return program means to return the cat to field after | ||||||
13 | it has been sterilized and vaccinated for rabies.
| ||||||
14 | (510 ILCS 5/11) (from Ch. 8, par. 361)
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15 | Sec. 11. Animal placement. When not redeemed by the owner, | ||||||
16 | agent, or caretaker, a dog or cat must be scanned for a | ||||||
17 | microchip. If a microchip is present, the registered owner or | ||||||
18 | chip purchaser if the purchaser was a nonprofit organization, | ||||||
19 | animal shelter, animal control facility, pet store, breeder, or | ||||||
20 | veterinary office must be notified. After contact has been made | ||||||
21 | or attempted, dogs or cats deemed adoptable by the animal | ||||||
22 | control facility shall be offered for adoption, or made | ||||||
23 | available to a licensed animal shelter, humane society or |
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1 | rescue group. After contact has been made or attempted, the | ||||||
2 | animal control facility may either: (1) offer the cat for | ||||||
3 | adoption; (2) return to field or transfer the cat after | ||||||
4 | sterilization; or (3) make the cat available to a licensed | ||||||
5 | animal shelter or animal control facility. The If no placement | ||||||
6 | is available, the animal may be
humanely dispatched pursuant to | ||||||
7 | the Humane Euthanasia in Animal Shelters
Act. An animal control | ||||||
8 | facility or animal pound
or animal shelter shall not adopt or | ||||||
9 | release any dog or cat to anyone other than the owner or a | ||||||
10 | foster home unless the animal has been rendered incapable of
| ||||||
11 | reproduction
and microchipped . , or the person wishing to adopt
| ||||||
12 | an animal prior
to the surgical procedures having been | ||||||
13 | performed shall have executed a written
agreement promising to | ||||||
14 | have such service performed, including
microchipping, within
a | ||||||
15 | specified period
of time not to exceed 30 days. Failure to | ||||||
16 | fulfill the terms of the
agreement shall result in
seizure and | ||||||
17 | impoundment of the animal and any offspring by the animal pound | ||||||
18 | or shelter, and
any monies which have been deposited shall be | ||||||
19 | forfeited and submitted to the county Pet Population Control | ||||||
20 | Fund on a yearly basis. This Act shall not
prevent humane | ||||||
21 | societies or animal shelters from engaging in activities set | ||||||
22 | forth by their
charters; provided, they are not inconsistent | ||||||
23 | with provisions of this Act
and other existing laws. No animal | ||||||
24 | shelter or animal control facility shall
release dogs or cats | ||||||
25 | to an individual representing a rescue group, unless the
group | ||||||
26 | has been licensed or has a foster care permit issued by the |
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| |||||||
1 | Illinois Department of Agriculture or
is a representative of a | ||||||
2 | not-for-profit out-of-state organization, animal shelter, or | ||||||
3 | animal control facility. The Department may suspend or
revoke | ||||||
4 | the license of
any animal shelter or animal control facility | ||||||
5 | that fails to comply with the
requirements set forth in this | ||||||
6 | Section or that fails to report its intake and euthanasia | ||||||
7 | statistics as required by law each year.
| ||||||
8 | (Source: P.A. 100-870, eff. 1-1-19 .)
| ||||||
9 | (510 ILCS 5/24) (from Ch. 8, par. 374)
| ||||||
10 | Sec. 24. Limitations. Nothing in this Act shall be held to | ||||||
11 | limit in any manner the power
of any municipality or other | ||||||
12 | political subdivision to prohibit animals from
running at | ||||||
13 | large, nor shall anything in this Act be construed to, in any
| ||||||
14 | manner, limit the power of any municipality or other political | ||||||
15 | subdivision
to further control and regulate dogs, cats or other | ||||||
16 | animals in such
municipality or other political subdivision | ||||||
17 | provided that no regulation , policy or
ordinance is
specific to | ||||||
18 | breed.
| ||||||
19 | (Source: P.A. 93-548, eff. 8-19-03.)
| ||||||
20 | (510 ILCS 5/35)
| ||||||
21 | Sec. 35. Liability. | ||||||
22 | (a) Any municipality , or political subdivision , or State | ||||||
23 | university or community college allowing feral cat colonies and | ||||||
24 | trap, sterilize, vaccinate for rabies, and return programs to |
| |||||||
| |||||||
1 | help control cat overpopulation shall be immune from criminal | ||||||
2 | liability and shall not be civilly liable, except for willful | ||||||
3 | and wanton misconduct, for damages that may result from a feral | ||||||
4 | cat. Any municipality or political subdivision allowing dog | ||||||
5 | parks shall be immune from criminal liability and shall not be | ||||||
6 | civilly liable, except for willful and wanton misconduct, for | ||||||
7 | damages that may result from occurrences in the dog park. | ||||||
8 | (b) Any veterinarian , or animal shelter , or animal control | ||||||
9 | facility who in good faith contacts the registered owner, | ||||||
10 | agent, or caretaker of a microchipped animal shall be immune | ||||||
11 | from criminal liability and shall not, as a result of his or | ||||||
12 | her acts or omissions, except for willful and wanton | ||||||
13 | misconduct, be liable for civil damages. | ||||||
14 | (c) Any veterinarian who sterilizes feral cats and any | ||||||
15 | feral cat caretaker who traps cats for a trap, sterilize, | ||||||
16 | vaccinate for rabies, and return program shall be immune from | ||||||
17 | criminal liability and shall not, as a result of his or her | ||||||
18 | acts or omissions, except for willful and wanton misconduct, be | ||||||
19 | liable for civil damages. | ||||||
20 | (d) Any animal shelter or animal control facility worker | ||||||
21 | who microchips an animal shall be immune from criminal | ||||||
22 | liability and shall not, as a result of his or her acts or | ||||||
23 | omissions, except for willful and wanton misconduct, be liable | ||||||
24 | for civil damages.
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25 | (Source: P.A. 97-240, eff. 1-1-12.)
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26 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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