HB2703ham001 96TH GENERAL ASSEMBLY

Rep. Michael W. Tryon

Filed: 3/17/2009

09600HB2703ham001 LRB096 07740 JDS 23258 a

AMENDMENT TO HOUSE BILL 2703

AMENDMENT NO. ______. Amend House Bill 2703 by replacing everything after the enacting clause with the following:

"Section 5. The Animal Control Act is amended by changing Sections 2.01, 2.03, 2.04a, 2.05a, 2.11, 2.11a, 2.11b, 2.16, 2.18, 2.19a, 2.19b, 3, 8, 9, 10, 11, 12, 13, 15, 15.1, 15.2, 16.5, 17, 26, and 35 and by adding Sections 2.01a, 2.02a, 2.02b, 2.04b, 2.04c, 2.04d, 2.18b, 2.18c, 9.2, 12.1, 15.5, 16.1, and 22.5 as follows:

(510 ILCS 5/2.01) (from Ch. 8, par. 352.01)

Sec. 2.01. "Administrator" means a veterinarian licensed by the State of Illinois and appointed pursuant to this Act. A , or in the event a veterinarian cannot be found and appointed pursuant to this Act, a non-veterinarian may serve as Administrator under this Act. In the event the Administrator is not a veterinarian, the Administrator shall defer to the Deputy Administrator veterinarian regarding all medical decisions.

(Source: P.A. 93-548, eff. 8-19-03.)

(510 ILCS 5/2.01a new)

Sec. 2.01a. "Administrative Hearing Officer" means an individual appointed by the County Board to hear cases involving vicious dogs. The individual appointed shall be a licensed attorney with experience in judicial proceedings independent of the county.

(510 ILCS 5/2.02a new)

Sec. 2.02a. "Animal Control" means the Administrator, Deputy Administrator, Animal Control Wardens, or the law enforcement authorities charged with the enforcement of this Act.

(510 ILCS 5/2.02b new)

Sec. 2.02b. "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.

(510 ILCS 5/2.03) (from Ch. 8, par. 352.03)

Sec. 2.03. "Animal Control Warden" or "Animal Control Officer" means any person appointed by the Administrator to perform the duties set forth in this Act.

(Source: P.A. 93-548, eff. 8-19-03.)

(510 ILCS 5/2.04a)

Sec. 2.04a. "Cat" means any feline for which there exists a United States Department of Agriculture approved rabies vaccine Felis catus.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/2.04b new)

Sec. 2.04b. "Companion animal" means an animal that is commonly considered to be, or is considered by the owner to be, a pet, including, but not limited to, canines, felines, ferrets, and equines.

(510 ILCS 5/2.04c new)

Sec. 2.04c. "Competent Person" means a human being 16 years of age or older who is capable of controlling and governing the dog or cat in question.

(510 ILCS 5/2.04d new)

Sec. 2.04d. "Confinement" means (i) the restriction of an animal by the owner or his agent to a building or other enclosure in isolation from other animals and from persons except for contact necessary for the animal's care, or (ii) if the animal is authorized to leave its enclosure, the muzzling and leashing of the animal.

(510 ILCS 5/2.05a)

Sec. 2.05a. "Dangerous dog" means (i) any individual dog anywhere other than upon the property of the owner or custodian of the dog and unmuzzled, unleashed, or unattended by its owner or custodian that behaves in a manner that a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to a person or a companion animal or (ii) a dog that, without justification, bites a person and does not cause serious physical injury, or (iii) a dog that injures a companion animal or livestock while off its owner's property.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/2.11) (from Ch. 8, par. 352.11)

Sec. 2.11.

"Dog" means any canine for which there exists a United States Department of Agriculture approved rabies vaccine all members of the family Canidae.

(Source: P.A. 78-795.)

(510 ILCS 5/2.11a)

Sec. 2.11a. "Enclosure" means a fence or structure of at least 6 feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures that may be taken by the owner or keeper, such as tethering of the vicious dog within the enclosure. The enclosure shall be securely enclosed and locked at all times and designed with secure sides, top, and bottom and shall be designed to prevent the animal from escaping from the enclosure. If the enclosure is a room within a residence, it cannot have direct ingress from or egress to the outdoors unless it leads directly to an enclosed pen and the door must be locked. A vicious dog may be allowed to move about freely within the entire residence if it is muzzled at all times.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/2.11b)

Sec. 2.11b. "Feral cat" means a cat that exists outdoors in a wild or untamed state, either due to birth or reversion to a wild state from domestication. The usual and consistent temperament of a feral cat is extreme fear and resistance to contact with humans. Feral cats are completely or substantially unsocialized to humans. (i) is born in the wild or is the offspring of an owned or feral cat and is not socialized, (ii) is a formerly owned cat that has been abandoned and is no longer socialized, or (iii) lives on a farm.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/2.16) (from Ch. 8, par. 352.16)

Sec. 2.16. "Owner" means any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his care, or acts as its custodian, or who knowingly permits an animal 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, return or release program approved by the Administrator.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/2.18b new)

Sec. 2.18b. "Running-at-large" means an animal that (i) is not restrained by a competent person and (ii) is present somewhere other than its owner's property.

(510 ILCS 5/2.18c new)

Sec. 2.18c. "Restraint" means (i) a leash or line, no more than 6 feet in length, held by a competent person, (ii) a fenced yard or an enclosure, (iii) a motor vehicle, or (iv) a cage or other animal carrier.

(510 ILCS 5/2.19a)

Sec. 2.19a. "Serious physical injury" means a physical injury that creates a substantial risk of death or that causes death, muscle tears, serious disfigurement, protracted impairment of health, impairment of the function of any bodily organ, or requires multiple sutures or corrective or cosmetic surgery without regard to whether the person actually sought medical treatment plastic surgery.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/2.19b)

Sec. 2.19b. "Vicious dog" means a dog that, (i) without justification, attacks a person and causes multiple sites of physical injury, serious physical injury, or death, (ii) while off its owner's property, kills any companion animal or livestock, or (iii) any individual dog that has been found to be a "dangerous dog" upon 2 3 separate occasions.

(Source: P.A. 93-548, eff. 8-19-03.)

(510 ILCS 5/3) (from Ch. 8, par. 353)

Sec. 3. The County Board Chairman with the consent of the County Board shall appoint an Administrator. Appointments shall be made as necessary to keep this position filled at all times. The Administrator may appoint as many Deputy Administrators and Animal Control Wardens to aid him or her as authorized by the Board. The compensation for the Administrator, Deputy Administrators, and Animal Control Wardens shall be fixed by the Board. The Administrator may be removed from office by the County Board Chairman, with the consent of the County Board.

The Board shall provide necessary personnel, training, equipment, supplies, and facilities, and shall operate animal control facilities pounds or contract for their operation as necessary to effectuate the program. The Board may enter into contracts or agreements with persons to assist in the operation of the program and may establish a county animal population control program.

The Board shall be empowered to utilize monies from their General Corporate Fund to effectuate the intent of this Act.

The Board is authorized by ordinance to require the registration of dogs and cats and may require microchipping of dogs and cats. The Board shall impose an individual dog or cat registration fee with a minimum differential of $10 for intact dogs or cats. The Board may impose a separate individual registration fee for dogs declared dangerous or vicious. Feral cats may be exempted from this Section. Ten dollars of the differential shall be placed either in a county animal population control fund or in the State's Pet Population Control Fund. If the money is placed in the county animal population control fund it shall be used to (i) spay, neuter, or sterilize adopted dogs or cats or (ii) spay or neuter dogs or cats owned by low income county residents who are eligible for the Food Stamp Program. All persons selling dogs or cats or keeping registries of dogs or cats shall cooperate and provide information to the Administrator as required by Board ordinance, including sales, number of litters, and ownership of dogs and cats. If microchips are required, the microchip number may serve as the county animal control registration number.

In obtaining information required to implement this Act, the Department shall have power to subpoena and bring before it any person in this State and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed by law for civil cases in courts of this State.

The Director shall have power to administer oaths to witnesses at any hearing which the Department is authorized by law to conduct, and any other oaths required or authorized in any Act administered by the Department.

This Section does not apply to feral cats.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/8) (from Ch. 8, par. 358)

Sec. 8. Every owner of a dog 4 months or more of age shall have each dog inoculated against rabies by a licensed veterinarian. The Board is authorized by ordinance to require the inoculation of cats against rabies. Every dog shall have a second rabies vaccination within one year of the first. Terms of subsequent vaccine administration and duration of immunity must be in compliance with USDA licenses of vaccines used. Evidence of such rabies inoculation shall be entered on a certificate the form of which shall be approved by the Board and which shall contain the microchip number of the animal if it has one and which shall be signed by the licensed veterinarian administering the vaccine. Veterinarians who inoculate a dog or cat shall procure from the County Animal Control in the county where their office is located serially numbered tags, one to be issued with each inoculation certificate for each dog or cat residing in that county at the fee established by the Board. Only one dog or cat shall be included on each certificate. The veterinarian immunizing or microchipping an animal shall provide the Administrator of the county in which the animal resides with a certificate of immunization and microchip number. The Board shall cause a rabies inoculation tag to be issued, at a fee established by the Board for each dog inoculated against rabies.

Rabies vaccine for use on animals shall be sold or distributed only to and used only by licensed veterinarians. Such rabies vaccine shall be licensed by the United States Department of Agriculture.

Feral cats in a trap, spay/neuter, return, or release program approved by the Administrator may be exempted from this Section.

If a licensed veterinarian determines in writing that a rabies inoculation would compromise an animal's health and if the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator, approves, then the animal may shall be exempted exempt from the rabies inoculation shot requirement; however, but the owner is must still be responsible for the registering the dog or cat, if required by the County Board, and paying the registration fees. If a bite occurs, the exempt animal shall be treated as an unvaccinated animal. An exempt animal must be vaccinated against rabies as soon as its health permits.

The Administrator may impound any dog not inoculated as required by the provisions of this Act.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/9) (from Ch. 8, par. 359)

Sec. 9. Any companion animal dog found running at large contrary to provisions of this Act may be apprehended and impounded. For this purpose, the Administrator shall utilize any existing or available animal control facility or licensed animal shelter. The dog's owner shall pay a $25 public safety fine, $20 of which shall be deposited into the Pet Population Control Fund and $5 of which shall be retained by the county or municipality. A dog or cat found running at large contrary to the provisions of this Act a second or subsequent time shall must be spayed or neutered within a specified period of time not to exceed 30 days after being found running at large after being reclaimed unless already spayed or neutered. ; The Administrator or Deputy Administrator must order a dog or cat found running at large impounded, and the owner of the impounded dog or cat must pay a $50 fine, which fines shall be deposited into the Animal Control Fund by the Administrator on a quarterly basis failure to comply shall result in impoundment.

A dog that is actively engaged in a legal hunting activity, including training, is not considered to be running at large if the dog is on land that is open to hunting or on land on which the person has obtained permission to hunt or to train a dog. A dog that is in a dog-friendly area or dog park is not considered to be running at large if the dog is monitored or supervised by a person.

(Source: P.A. 94-639, eff. 8-22-05; 95-550, eff. 6-1-08.)

(510 ILCS 5/9.2 new)

Sec. 9.2. Any companion animal presented to an animal control facility by a member of the public is subject to the provisions of Section 10 and Section 11 of this Act.

(510 ILCS 5/10) (from Ch. 8, par. 360)

Sec. 10. Impoundment; redemption. When companion animals dogs or cats are apprehended and impounded, they must be scanned for the presence of a microchip and cannot be adopted, moved, or euthanized without being scanned for the presence of a microchip for a second time. The Administrator shall make every reasonable attempt to contact the owner as defined by Section 2.16 as soon as possible. The Administrator shall give notice of not less than 7 business days to the owner prior to disposal of the animal. Such notice shall be mailed to the last known address of the owner. 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 or feral cat caretaker of the animal.

Licensees and veterinarians shall, upon request, provide the Administrator, Deputy Administrator, Animal Control Officer, or law enforcement agency with the name, address, and phone number of the owner of any companion animal in their possession.

In case the owner or feral cat caretaker of any impounded companion animal dog or cat desires to make redemption thereof, he or she may do so by doing the following:

a. Presenting proof of current rabies inoculation and registration, if applicable.

b. Paying for the rabies inoculation of the dog or cat and registration, if applicable.

c. Paying the pound for the board of the dog or cat for the period it was impounded.

d. Paying into the Animal Control Fund an additional impoundment fee as prescribed by the Board as a penalty for the first offense and for each subsequent offense.

e. (Blank). 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 has the animal spayed or neutered within 14 days.

f. Paying for microchipping and registration if not already done.

g. Presenting proof of ownership of the animal he or she desires to redeem.

The payments required for redemption under this Section shall be in addition to any other penalties invoked under this Act and the Illinois Public Health and Safety Animal Population Control Act. The owner of an impounded animal is responsible for all fees associated with the impoundment of the animal. If the owner can be identified, the fees are due even if the owner does not reclaim the animal. An animal control agency shall assist and share information with the Director of Public Health in the collection of public safety fines.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/11) (from Ch. 8, par. 361)

Sec. 11. Companion animals When not redeemed by the owner, agent, or caretaker, a dog or cat must be scanned for a microchip. If a microchip is present, the registered owner must be notified. After contact has been made or attempted, dogs or cats deemed adoptable by the animal control facility may shall be offered for adoption, or made available to a licensed humane society, or other licensed shelter or rescue group. If no placement is available, it shall be humanely dispatched pursuant to the Humane Euthanasia in Animal Shelters Act. An animal control facility pound or animal shelter shall not adopt or adopt out release any dog or cat to anyone other than the owner unless the animal has been sterilized rendered incapable of reproduction and microchipped, or unless one of the following is the case:

a. The adopting owner has executed a written agreement agreeing to have sterilization and microchipping performed within a specified period of time not to exceed 30 days after the date of the adoption and has paid a deposit, which must be refunded within a reasonable time after those procedures are performed.

b. The adopting owner has executed a written agreement to have sterilization and microchipping performed within 14 days after a licensed veterinarian certifies the dog or cat is healthy enough for such procedures; a licensed veterinarian has certified that the dog or cat is too sick or injured to be sterilized or that it would be detrimental to the health of the dog or cat to be sterilized or microchipped at the time of adoption; and the adopting owner has paid a deposit, which must be returned within a reasonable time after the dog or cat is sterilized and microchipped. or the person wishing to adopt an animal prior to the surgical procedures having been performed shall have executed a written agreement promising to have such service performed, including microchipping, within a specified period of time not to exceed 30 days. Failure to fulfill the terms of the agreement shall result in seizure and impoundment of the animal and any offspring by the animal control facility pound or shelter, and any monies which have been deposited shall be forfeited and submitted to the Pet Population Control Fund on a yearly basis. This Act shall not prevent humane societies from engaging in activities set forth by their charters; provided, they are not inconsistent with provisions of this Act and other existing laws. No animal shelter or animal control facility shall release dogs or cats to an individual representing a rescue group, unless the group has been licensed by or has a foster care permit issued by the Illinois Department of Agriculture or is a representative of a not-for-profit out-of-state organization. The Department may suspend or revoke the license of any animal shelter or animal control facility that fails to comply with the requirements set forth in this Section or that fails to report its intake and euthanasia statistics each year.

(Source: P.A. 94-639, eff. 8-22-05; 95-550, eff. 6-1-08.)

(510 ILCS 5/12) (from Ch. 8, par. 362)

Sec. 12. The owner of any animal which exhibits clinical signs of rabies, whether or not the animal has been inoculated against rabies, shall immediately notify the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator. The Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator , and shall promptly confine or impound the animal, or have it confined, under licensed veterinary suitable observation, for a period of at least 10 days, unless officially authorized by the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator, in writing, to release it sooner. Any animal that has had direct contact with the animal and that has not been inoculated against rabies, shall be confined as recommended by the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator. If an owner fails to confine the animal as required by the Administrator, animal control shall impound the animal, and the owner shall be responsible for the costs incurred.

(Source: P.A. 93-548, eff. 8-19-03.)

(510 ILCS 5/12.1 new)

Sec. 12.1. Dogs imported; quarantine. Dogs admitted into the United States and subsequently into Illinois are subject to the Public Health Service foreign quarantine regulations found in title 42, Code of Federal Regulations, Section 71.51.

(a) A dog that is 3 months of age or older and that is inoculated against rabies shall complete 30 days of confinement after the date of rabies inoculation.

(b) A dog under 3 months of age shall be confined until 3 months of age; then inoculation for rabies to be followed by 30 days of confinement.

(c) A dog that is 3 months of age or older and that is not inoculated against rabies shall be confined until inoculated to be followed by 30 days of confinement.

If an owner fails to confine the animal, as required by the Administrator, animal control shall impound the animal, and the owner shall be responsible for the costs incurred.

(510 ILCS 5/13) (from Ch. 8, par. 363)

Sec. 13. Dog or other animal bites; observation of animal.

(a) Except as otherwise provided in subsection (c) and (d) (b) of this Section, when the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator receives information that any person has been bitten by an animal, the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator, or his or her authorized representative, shall have such dog, cat, or other animal confined under the observation of a licensed veterinarian for a period of 10 days. Such confinement shall be for a period of 10 days after the date the bite occurred. The Department may permit such confinement to be reduced to a period of less than 10 days. A veterinarian shall report the clinical condition of the animal immediately, with confirmation in writing to the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator within 24 hours after the animal is presented for examination, giving the owner's name, address, the date of confinement, the species, the breed, description, age, and sex of the animal, and whether the animal has been spayed or neutered, on appropriate forms approved by the Department. The Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator shall notify the attending physician or responsible health agency. At the end of the confinement period, the veterinarian shall submit a written report to the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator advising him or her of the final disposition of the animal on appropriate forms approved by the Department. When evidence is presented that the animal was inoculated against rabies within the time prescribed by law, it may shall be confined in a house, or in a manner which will prohibit it from biting any person for a period of 10 days, if the Administrator or Deputy Administrator a licensed veterinarian adjudges such confinement satisfactory. The Department may permit such confinement to be reduced to a period of less than 10 days. At the end of the confinement period, the animal shall be examined by a licensed veterinarian. Dogs and cats 4 months or more of age that have been sterilized and microchipped must be sterilized and microchipped at the expense of the owner.

Any person having knowledge that any person has been bitten by an animal shall notify the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator within 24 hours promptly. It is unlawful for the owner of the animal to euthanize, sell, give away, conceal the location of, or otherwise dispose of any animal known to have bitten a person, until it is released by the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator, or his or her authorized representative. It is unlawful for the owner of the animal to refuse or fail to comply immediately with the reasonable written or printed instructions made by the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator, or his authorized representative. If such instructions cannot be delivered in person, they shall be mailed to the owner of the animal by regular mail. Any expense incurred in the handling of an animal under this Section and Section 12 shall be borne by the owner. The owner of a biting animal must also remit to the Department of Public Health, for deposit into the Pet Population Control Fund, a $25 public safety fine within 30 days after notice.

(a-5) When an animal has bitten any person other than its owner or the owner's immediate family, the owner shall pay a $25 fine to the Administrator. Fines collected under this subsection shall be deposited into the Animal Control Fund by the Administrator on a quarterly basis.

(b) When a person has been bitten by a police dog that is currently vaccinated against rabies, the police dog may continue to perform its duties for the peace officer or law enforcement agency and any period of observation of the police dog may be under the supervision of a peace officer. The supervision shall consist of the dog being locked in a kennel, performing its official duties in a police vehicle, or remaining under the constant supervision of its police handler.

(c) When a person has been bitten by a search and rescue dog that is currently vaccinated against rabies, the search and rescue dog may continue to perform its duties for the handler or agency, and any period of observation of the dog may be under the supervision of its handler. The supervision shall consist of the dog being locked in a kennel, performing its official duties in a vehicle, or remaining under the constant supervision of its handler.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/15) (from Ch. 8, par. 365)

Sec. 15. (a) In order to have a dog deemed "vicious", the Administrator, Deputy Administrator, animal control warden, or law enforcement officer must give notice of the infraction that is the basis of the investigation to the owner, conduct a thorough investigation, interview any witnesses, including the owner, gather any existing medical records, veterinary medical records or behavioral evidence, and make a detailed report recommending a finding that the dog is a vicious dog, give the report to the owner, and schedule an administrative hearing pursuant to the Illinois Administrative Procedure Act before a hearing officer as defined in this Act or and give the report to the States Attorney's Office and the owner. The Administrator, Deputy Administrator, State's Attorney, Director or any citizen of the county in which the dog exists may file a complaint in the circuit court in the name of the People of the State of Illinois to have a dog deemed deem a dog to be a vicious dog. Testimony of a certified applied behaviorist, a board certified veterinary behaviorist, or another recognized expert may be relevant to the court's determination of whether the dog's behavior was justified. The petitioner must prove the dog is a vicious dog by clear and convincing evidence. The Administrator shall impound or otherwise determine where the animal shall be confined during the pendency of the case. The death of the dog, regardless of the cause or method, shall not prevent it from being deemed a vicious dog.

A dog may not be declared vicious if the court or administrative hearing officer determines the conduct of the dog was justified. because:

(1) the threat, injury, or death 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 owned or occupied by the owner of the animal;

(2) the injured, threatened, or killed person was abusing, assaulting, or physically threatening the dog or its offspring, or has in the past abused, assaulted, or physically threatened the dog or its offspring; or

(3) the dog was responding to pain or injury, or was protecting itself, its owner, custodian, or member of its household, kennel, or offspring.

No dog shall be deemed "vicious" if it is a professionally trained dog for law enforcement or guard duties. Vicious dogs shall not be classified in a manner that is specific as to breed.

If the burden of proof has been met, the court or Administrative Hearing Officer shall deem the dog to be a vicious dog.

(b) If a dog is found to be a vicious dog, the owner shall pay a $500 $100 public safety fine, which shall be deposited by the Administrator into the Animal Control Fund in the County where the attack occurred, and the court or administrative hearing officer shall order the dog to be enclosed or euthanized. If subject to enclosure, to be deposited into the Pet Population Control Fund, the dog, if not already, shall, at the expense of its owners, be microchipped and spayed or neutered (i) prior to release from impoundment or confinement or (ii) within a prescribed period of time not to exceed 10 days after of the finding at the expense of its owner and microchipped, if not already, and the dog is subject to enclosure. A dog found to be a vicious dog shall not be released to the owner until the Administrator, Deputy Administrator, Animal Control Warden, or Director inspects and approves the enclosure. An enclosure shall be subject to annual inspection and approval by the Administrator, Deputy Administrator, Animal Control Warden, or Director. The Administrator shall order the owner of a vicious dog to display in a prominent place a clearly visible sign of appropriate size declaring that a vicious dog resides at that location. The Administrator shall approve the design of the sign and may require additional signs located at other points of entry. If an owner fails to comply with these requirements, the animal control agency shall impound the dog and the owner shall pay a $500 fine plus impoundment fees to the animal control agency impounding the dog. The judge has the discretion to order a vicious dog be euthanized. A dog found to be a vicious dog shall not be released to the owner until the Administrator, an Animal Control Warden, or the Director approves the enclosure.

It is unlawful for the owner of a vicious dog to sell, give away, or otherwise dispose of such a dog except by humane euthanasia. No owner or keeper of a vicious dog shall sell or give away the dog without approval from the Administrator or court. Whenever an owner of a vicious dog intends to relocate relocates, he or she shall notify both the Administrator of the County Animal Control where he or she plans to relocate has relocated and the Administrator of the County Animal Control where he or she currently resides formerly resided. Whenever an owner of a vicious dog intends to relocate to another state, he or she shall notify (i) the Administrator or other comparable authority in the jurisdiction where he or she plans to relocate and (ii) the Administrator of the County Animal Control where he or she currently resides. The dog shall not be relocated until the new location and the manner of relocation have been approved by the appropriate authority.

If at any time an owner fails to comply with these requirements, the animal control agency shall impound the dog, and the owner shall pay a $1,000 fine plus impoundment fees to the animal control agency impounding the dog.

(c) (b) It shall be unlawful for any person to keep or maintain any dog which has been found to be a vicious dog unless the dog is kept in an enclosure. The only times that a vicious dog may be allowed out of the enclosure are (1) if it is necessary for the owner or keeper to obtain veterinary care for the dog, (2) in the case of an emergency or natural disaster where the dog's life is threatened, or (3) to comply with the order of a court of competent jurisdiction, provided that the dog is securely muzzled and restrained with a leash not exceeding 6 feet in length with a minimum tensile strength of 300 pounds , and shall be under the direct control and supervision of the owner or keeper of the dog or muzzled in its residence.

(d) Any dog which has been found to be a vicious dog and which is not confined to an enclosure shall be impounded by the Administrator, an Animal Control Warden, or the law enforcement authority having jurisdiction in such area, and the owner shall pay a $1,000 fine plus impoundment fees to the animal control agency impounding the dog.

(e) If the owner of the dog has not appealed the impoundment order to the circuit court in the county in which the animal was impounded within 10 business 15 working days, the dog shall may be euthanized.

Upon filing a notice of appeal, the order of euthanasia shall be automatically stayed pending the outcome of the appeal. The owner shall bear the burden of timely notification to animal control in writing.

(f) Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, 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. It shall be the duty of the owner of such 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 such exempted dogs, and shall promptly notify such departments of any address changes reported to him.

(g) (c) If the animal control agency has custody of the dog, pursuant to this Section, the agency may file a petition with the court requesting that the owner be ordered to post security. The security must be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the animal control agency or animal shelter in caring for and providing for the dog pending the determination. Reasonable expenses include, but are not limited to, estimated medical care and boarding of the animal for 30 days. If security has been posted in accordance with this Section, the animal control agency may draw from the security the actual costs incurred by the agency in caring for the dog.

(h) (d) Upon receipt of a petition, the court must set a hearing on the petition, to be conducted within 5 business days after the petition is filed. The petitioner must serve a true copy of the petition upon the defendant at least 48 hours before the scheduled hearing.

(i) (e) If the court orders the posting of security, the security must be posted with the clerk of the court within 5 business days after the hearing. If the person ordered to post security does not do so, the dog is forfeited by operation of law and the animal control agency shall must dispose of the animal through adoption or humane euthanasia euthanization.

(j) The Administrator may require the dog to wear a bright fluorescent yellow collar visible at 50 feet in normal daylight. The Administrator shall provide the collar at the owner's expense.

(k) The owner or custodian of the dog shall notify the Animal Control Facility or the Administrator immediately in the event the dog is running at large, has committed an attack on any person or animal, or has died.

(l) The owner of a vicious dog may be prohibited from owning, possessing, controlling, or having custody of any dog for a period of up to 3 years if the court or administrative hearing officer determines that the person's ownership or possession of a dog by the person would create a significant threat to the public health, safety, and welfare.

(m) A person who violates subsection (f), (g), or (h) of this Section is subject to a $1,000 fine.

(n) For purposes of this Section, all costs of impoundment, disposition, boarding, medical, or other costs related to the determination of a vicious dog shall be borne by the owner.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(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.

(c) (d) If deemed dangerous, the Administrator, or his or her designee, or the Director shall order (i) the dog's owner to pay a $150 $50 public safety fine to be deposited into the Animal Pet Population Control Fund, (ii) the dog to be spayed or neutered within 10 business 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) the dog to be under the physical control of direct supervision by an adult 18 years of age or older whenever the animal is off of the on public premises of its owner.

(d) (e) The Administrator may order a dangerous dog to be muzzled whenever it is off of the on public premises of its owner 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.

(e) The Administrator may order a dangerous dog to be restrained to its owner's property in a manner approved by the Administrator.

(f) The Administrator shall order each owner of a dangerous dog to display in a prominent place on the premises where a dangerous dog resides a clearly visible sign of appropriate size declaring that a dangerous dog resides at that location. The Administrator shall approve the design of the sign and may require additional signs located at other points of entry.

(g) The Administrator may require the dog to wear a bright fluorescent yellow collar visible at 50 feet in normal daylight. The Administrator must provide the collar at the owner's expense.

(h) Whenever an owner of a dangerous dog relocates, he or she shall notify both the Administrator of the County Animal Control where he or she has relocated and the Administrator of the County Animal Control where he or she formerly resided.

Whenever an owner of a dangerous dog relocates to another state, he or she shall notify (i) the Administrator or other comparable authority in the jurisdiction where he or she relocates and (ii) the Administrator of the County Animal Control where he or she formerly resided.

(i) The owner or custodian of the dog shall notify the Animal Control Facility or the Administrator immediately in the event the dog is running at large, has committed an attack on any person or animal, or has died.

(j) No owner or keeper of a vicious dog shall sell or give away the dog without approval from the Administrator or court.

(k) (f) Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, 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.

(l) If the owner of a dangerous dog fails to comply with the Administrator's order, the dog shall be impounded, and the owner shall pay a $500 fine. The dog may be returned to the owner upon payment of all costs associated with the impoundment and compliance with the order within 7 business days after the impoundment. Failure to pay the fine and comply with the order within the prescribed period will result in the euthanization of the dog.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

(510 ILCS 5/15.2)

Sec. 15.2. Dangerous dogs; leash. It is unlawful for any person to knowingly or recklessly permit any dangerous dog to leave the premises of its owner when not muzzled, if required, and under control by a leash having a minimum tensile strength of 300 pounds and not exceeding 6 feet in length, or other recognized control methods.

(Source: P.A. 93-548, eff. 8-19-03.)

(510 ILCS 5/15.5 new)

Sec. 15.5. Recognition of Out-of-State Determinations. Out-of-State determinations, declarations, and orders deeming a dog vicious, dangerous, or potentially dangerous shall be valid in Illinois. The owner of a dog determined to be or declared to be vicious, dangerous, or potentially dangerous by another state and that is relocated to Illinois or transported through Illinois shall comply with the requirements in this Act. In the case of a dog being permanently relocated to Illinois, the owner shall notify the Administrator of the County where the owner plans to reside within 10 business days after the dog enters the State.

(510 ILCS 5/16.1 new)

Sec. 16.1. Dog injuring or killing a person. Any person who observes another person being injured or wounded by a dog may kill the dog. No person shall be liable for injuring or killing the dog.

(510 ILCS 5/16.5)

Sec. 16.5. Expenses of microchipping. A clinic for microchipping companion animals of county residents should be conducted at least once a year under the direction of the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator at the animal control facility, animal shelter, or other central location within the county. The maximum amount that can be charged for microchipping an animal at this clinic shall be $15. Funds generated from this clinic shall be deposited in the county's animal control fund.

(Source: P.A. 93-548, eff. 8-19-03.)

(510 ILCS 5/17) (from Ch. 8, par. 367)

Sec. 17. For the purpose of making inspections hereunder, the Administrator, or his or her authorized representative, or any law enforcement officer may enter upon private premises, provided that the entry shall not be made into any building that is a person's residence, to apprehend a straying dog or other animal, a dangerous or vicious dog or other animal, or an animal thought to be infected with rabies, an animal that has reportedly bitten a person, or an animal in violation of any provision of this Act. If, after request therefor, the owner of the dog or other animal shall refuse to deliver the dog or other animal to the officer, the owner shall be in violation of this Act.

(Source: P.A. 93-548, eff. 8-19-03.)

(510 ILCS 5/22.5 new)

Sec. 22.5. Reports of animal control facilities.

(a) Each animal control facility in the State shall report all dog bites occurring within its jurisdiction to the Department by March 1st of each year. Dog bites shall be reported by breed.

(b) Each animal control facility in the State shall report each declared dangerous and vicious dogs in its jurisdiction to the Department within 30 days after the dog is declared dangerous or vicious.

(c) Each animal control facility in the State shall report the relocation of each declared dangerous and vicious dog in its jurisdiction to the Department within 30 days after the dog is relocated.

(d) The Department shall make available to all animal control agencies and to the public, an Internet web site containing the description, location, and ownership information of dangerous and vicious dogs.

(e) The Department shall adopt rules for the implementation of this Section.

(510 ILCS 5/26) (from Ch. 8, par. 376)

Sec. 26. (a) Except as otherwise provided in this Act, any person violating or aiding in or abetting the violation of any provision of this Act, or counterfeiting or forging any certificate, permit, or tag, or making any misrepresentation in regard to any matter prescribed by this Act, or resisting, obstructing, or impeding the Administrator or any authorized officer in enforcing this Act, or refusing to produce for inoculation any dog in his possession, or who removes a tag from a dog or cat for purposes of destroying or concealing its identity, is guilty of a Class C misdemeanor for a first offense and for a subsequent offense, is guilty of a Class B misdemeanor.

Each day a person fails to comply constitutes a separate offense. Each State's Attorney to whom the Administrator reports any violation of this Act shall cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner provided by law.

(b) If the owner of a vicious dog subject to enclosure:

(1) fails to maintain or keep the dog in an enclosure or fails to spay or neuter the dog or microchip the dog within the time period prescribed; and

(2) the dog inflicts physical injury or serious physical injury upon any other person or companion animal or causes or contributes to the death of another person or companion animal; and

(3) the attack is unprovoked in a place where such person is peaceably conducting himself or herself and where such person may lawfully be;

the owner shall be guilty of a Class 3 felony, and the Administrator shall impound and euthanize the dog, unless the owner knowingly allowed the dog to run at large or failed to take steps to keep the dog in an enclosure then the owner shall be guilty of a Class 2 felony and the Administrator shall impound and euthanize the dog. The penalty provided in this paragraph shall be in addition to any other criminal or civil sanction provided by law.

(c) If the owner of a dangerous dog knowingly fails to comply with any order regarding the dog and the dog inflicts physical injury or serious physical injury on a person or a companion animal, the owner shall be guilty of a Class 4 felony and the Administrator shall impound and euthanize the dog. If the owner of a dangerous dog knowingly fails to comply with any order regarding the dog and the dog kills a person or contributes to the death of a person the owner shall be guilty of a Class 3 felony and the Administrator shall impound and euthanize the dog.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05; 94-819, eff. 5-31-06.)

(510 ILCS 5/35)

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 who in good faith contacts the registered owner 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 approved by the Administrator 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 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.

(Source: P.A. 94-639, eff. 8-22-05.)

(510 ILCS 5/2.18 rep.)

Section 10.The Animal Control Act is amended by repealing Section 2.18.".