093_HB0184enr

 
HB0184 Enrolled                      LRB093 04436 LCB 04488 b

 1        AN ACT in relation to animals.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Animal Control Act is amended by changing
 5    Sections  2.01,  2.02, 2.03, 2.05, 2.07, 2.16, 2.17, 2.18, 3,
 6    5, 7.1, 8, 9, 10, 11, 12, 13, 15, 17, 18, 19, 22, 24, and 26,
 7    and by adding Sections 2.03a,  2.04a,  2.05a,  2.11a,  2.11b,
 8    2.12a,  2.17a,  2.17b, 2.18a, 2.19a, 2.19b, 15.1, 15.2, 15.3,
 9    and 16.5 as follows:

10        (510 ILCS 5/2.01) (from Ch. 8, par. 352.01)
11        Sec. 2.01.  "Administrator" means a veterinarian licensed
12    by the State of Illinois and appointed pursuant to this  Act,
13    or  in the event a veterinarian cannot be found and appointed
14    pursuant  to  this  Act,  a  non-veterinarian  may  serve  as
15    Administrator under this Act.  In the event the Administrator
16    is not a veterinarian, the Administrator shall defer  to  the
17    veterinarian regarding all medical decisions. his or her duly
18    authorized representative.
19    (Source: P.A. 78-795.)

20        (510 ILCS 5/2.02) (from Ch. 8, par. 352.02)
21        Sec.  2.02.  "Animal"  means  every  living  creature any
22    animal, other than man, which may be affected by rabies.
23    (Source: P.A. 78-795.)

24        (510 ILCS 5/2.03) (from Ch. 8, par. 352.03)
25        Sec. 2.03.  "Animal  Control  Warden"  means  any  person
26    appointed  by  the Administrator and approved by the Board to
27    perform  the  duties  set  forth  in  as  assigned   by   the
28    Administrator to effectuate this Act.
29    (Source: P.A. 78-795.)
 
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 1        (510 ILCS 5/2.03a new)
 2        Sec.  2.03a.  "Business  day"  means  any  day  including
 3    holidays  that  the  animal  control  facility is open to the
 4    public for animal reclaims.

 5        (510 ILCS 5/2.04a new)
 6        Sec.  2.04a.  "Cat"  means  all  members  of  the  family
 7    Felidae.

 8        (510 ILCS 5/2.05) (from Ch. 8, par. 352.05)
 9        Sec. 2.05.  "Confined" means restriction of an animal  at
10    all  times  by  the  owner,  or his agent, to an escape-proof
11    building, house, or other enclosure away from  other  animals
12    and the public.
13    (Source: P.A. 78-795.)

14        (510 ILCS 5/2.05a new)
15        Sec. 2.05a. "Dangerous dog" means any individual dog when
16    unmuzzled, unleashed, or unattended by its owner or custodian
17    that  behaves  in  a  manner  that  a reasonable person would
18    believe poses a serious and unjustified  imminent  threat  of
19    serious  physical  injury or death to a person or a companion
20    animal in a public place.

21        (510 ILCS 5/2.07) (from Ch. 8, par. 352.07)
22        Sec. 2.07.  "Deputy Administrator" means  a  veterinarian
23    licensed   by   the  State  of  Illinois,  appointed  by  the
24    Administrator, and approved by the Board.
25    (Source: P.A. 78-795.)

26        (510 ILCS 5/2.11a new)
27        Sec. 2.11a.  "Enclosure" means a fence or structure of at
28    least 6 feet in  height,  forming  or  causing  an  enclosure
29    suitable to prevent the entry of young children, and suitable
 
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 1    to  confine  a vicious dog in conjunction with other measures
 2    that may be taken by the owner or keeper, such  as  tethering
 3    of  the vicious dog within the enclosure. The enclosure shall
 4    be securely enclosed and  locked  and  designed  with  secure
 5    sides,  top,  and bottom and shall be designed to prevent the
 6    animal from escaping from the enclosure.  If the enclosure is
 7    a room within a residence, the door must be locked. A vicious
 8    dog may be allowed to move about  freely  within  the  entire
 9    residence if it is muzzled at all times.

10        (510 ILCS 5/2.11b new)
11        Sec.  2.11b.  "Feral cat" means a cat that (i) is born in
12    the wild or is the offspring of an owned or feral cat and  is
13    not socialized, or (ii) is a formerly owned cat that has been
14    abandoned and is no longer socialized or lives on a farm.

15        (510 ILCS 5/2.12a new)
16        Sec.  2.12a.  "Impounded" means taken into the custody of
17    the public animal control facility  in  the  city,  town,  or
18    county where the animal is found.

19        (510 ILCS 5/2.16) (from Ch. 8, par. 352.16)
20        Sec.  2.16.  "Owner"  means  any person having a right of
21    property in an a dog or other animal, or who keeps or harbors
22    an a dog or other animal, or who has it in his care, or  acts
23    as  its  custodian,  or  who knowingly permits a dog or other
24    domestic animal to remain on or about any premise occupied by
25    him.
26    (Source: P.A. 78-795.)

27        (510 ILCS 5/2.17) (from Ch. 8, par. 352.17)
28        Sec. 2.17.  "Person" means any individual, person,  firm,
29    corporation, partnership, society, association or other legal
30    entity,  any  public  or  private  institution,  the State of
 
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 1    Illinois, municipal corporation or political  subdivision  of
 2    the State, or any other business unit.
 3    (Source: P.A. 78-795.)

 4        (510 ILCS 5/2.17a new)
 5        Sec.  2.17a.  "Peace officer" has the meaning ascribed to
 6    it in Section 2-13 of the Criminal Code of 1961.

 7        (510 ILCS 5/2.17b new)
 8        Sec. 2.17b.  "Police animal" means  an  animal  owned  or
 9    used  by a law enforcement department or agency in the course
10    of the department or agency's work.

11        (510 ILCS 5/2.18) (from Ch. 8, par. 352.18)
12        Sec. 2.18.  "Pound" or "animal control facility"  may  be
13    used  interchangeably and mean means any facility approved by
14    the Administrator for the purpose of enforcing this  Act  and
15    used  as a shelter for seized, stray, homeless, abandoned, or
16    unwanted dogs or other animals.
17    (Source: P.A. 78-795.)

18        (510 ILCS 5/2.18a new)
19        Sec. 2.18a. "Physical injury"  means  the  impairment  of
20    physical condition.

21        (510 ILCS 5/2.19a new)
22        Sec.  2.19a.  "Serious  physical injury" means a physical
23    injury that creates a  substantial  risk  of  death  or  that
24    causes death, serious or protracted disfigurement, protracted
25    impairment  of  health,  impairment  of  the  function of any
26    bodily organ, or plastic surgery.

27        (510 ILCS 5/2.19b new)
28        Sec. 2.19b.  "Vicious dog"  means  a  dog  that,  without
 
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 1    justification,  attacks  a person and causes serious physical
 2    injury or death or any individual dog that has been found  to
 3    be a "dangerous dog" upon 3 separate occasions.

 4        (510 ILCS 5/3) (from Ch. 8, par. 353)
 5        Sec.  3.   The  County Board Chairman with the advice and
 6    consent  of  the  County   Board   shall   appoint   an,   as
 7    Administrator,   a   veterinarian  licensed  by  this  State.
 8    Appointments shall be made as necessary to keep this position
 9    filled at all times. The Administrator may  appoint  as  many
10    Deputy  Administrators  and Animal Control Wardens to aid him
11    or her as authorized by the Board. The compensation  for  the
12    Administrator,  Deputy  Administrators,  and  Animal  Control
13    Wardens  shall  be fixed by the Board for services other than
14    for the rabies inoculation of  dogs  or  other  animals.  The
15    Administrator  may be removed from office by the County Board
16    Chairman, with the advice and consent of the County Board.
17        The Board shall provide  necessary  personnel,  training,
18    equipment, supplies, and facilities, and shall operate pounds
19    or  contract  for  their operation as necessary to effectuate
20    the program. The Board may enter into contracts or agreements
21    with persons to assist in the operation of the program.
22        The Board shall be empowered to utilize monies from their
23    General Corporate Fund to effectuate the intent of this Act.
24        The Board is  authorized  by  ordinance  to  require  the
25    registration and microchipping of dogs and cats and shall may
26    impose an individual animal and litter registration fee.  All
27    persons selling dogs or cats or keeping registries of dogs or
28    cats   shall   cooperate   and  provide  information  to  the
29    Administrator  as  required  by  Board  ordinance,  including
30    sales, number of litters, and ownership of dogs and cats.  If
31    microchips are required, the microchip number shall serve  as
32    the county animal control registration number. All microchips
33    shall have an operating frequency of 125 kilohertz.
 
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 1        In  obtaining information required to implement this Act,
 2    the Department shall have power to subpoena and bring  before
 3    it  any  person  in  this  State and to take testimony either
 4    orally or by deposition, or both,  with  the  same  fees  and
 5    mileage and in the same manner as prescribed by law for civil
 6    cases in courts of this State.
 7        The Director, and any member of the Board shall each have
 8    power  to  administer oaths to witnesses at any hearing which
 9    the Department is authorized by law to conduct, and any other
10    oaths required or authorized in any Act administered  by  the
11    Department.
12        This Section does not apply to feral cats.
13    (Source: P.A. 87-157.)

14        (510 ILCS 5/5) (from Ch. 8, par. 355)
15        Sec. 5. Duties and powers.
16        (a)  It  shall  be  the  duty of the Administrator or the
17    Deputy   Administrator,   through    sterilization,    humane
18    education,  rabies  inoculation,  stray control, impoundment,
19    quarantine, and any other means deemed necessary, to  control
20    and  prevent  the  spread  of  rabies  in  his  county and to
21    exercise dog and cat overpopulation control.  It  shall  also
22    be   the   duty  of  the  Administrator  to  investigate  and
23    substantiate all claims made under Section 19 of this Act.
24        (b)  Counties may by ordinance determine  the  extent  of
25    the police powers that may be exercised by the Administrator,
26    Deputy  Administrators,  and  Animal  Control  Wardens, which
27    powers shall pertain only to this  Act.   The  Administrator,
28    Deputy  Administrators,  and Animal Control Wardens may issue
29    and serve citations and orders for violations  of  this  Act.
30    The  Administrator, Deputy Administrators, and Animal Control
31    Wardens  may  not  carry  weapons  unless  they   have   been
32    specifically authorized to carry weapons by county ordinance.
33    Animal  Control  Wardens,  however, may use tranquilizer guns
 
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 1    and other nonlethal weapons and  equipment  without  specific
 2    weapons authorization.
 3        A person authorized to carry firearms by county ordinance
 4    under this subsection must have completed the training course
 5    for  peace  officers  prescribed in the Peace Officer Firearm
 6    Training Act.  The cost of this training shall be paid by the
 7    county.
 8        (c)  The sheriff and all sheriff's deputies and municipal
 9    police officers shall cooperate with  the  Administrator  and
10    his  or her representatives in carrying out the provisions of
11    this Act.
12    (Source: P.A. 90-385, eff. 8-15-97.)

13        (510 ILCS 5/7.1) (from Ch. 8, par. 357.1)
14        Sec. 7.1.  In addition to any  other  fees  provided  for
15    under  this  Act,  any county may charge a reasonable fee for
16    the  pickup  and  disposal  of  dead  animals  from   private
17    for-profit animal hospitals.  This fee shall be sufficient to
18    cover the costs of pickup and delivery and shall be deposited
19    in the county's animal control general fund.
20    (Source: P.A. 80-972.)

21        (510 ILCS 5/8) (from Ch. 8, par. 358)
22        Sec. 8.  Every owner of a dog 4 months or more of age not
23    confined  at  all  times to an enclosed area, shall have each
24    dog cause such dog to  be  inoculated  against  rabies  by  a
25    licensed  veterinarian  at such intervals as may hereafter be
26    established by regulations pursuant to this  Act.  Every  dog
27    shall have a second rabies vaccination within one year of the
28    first.    Terms  of  subsequent  vaccine  administration  and
29    duration of immunity must be in compliance with USDA licenses
30    of vaccines used.  Evidence of such rabies inoculation  shall
31    be  entered  on  a  certificate  the  form  of which shall be
32    approved by the Board  and  which  shall  be  signed  by  the
 
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 1    licensed     veterinarian    administering    the    vaccine.
 2    Veterinarians who inoculate a  dog  shall  procure  from  the
 3    County  Animal  Control  serially  numbered  tags,  one to be
 4    issued with each inoculation certificate. Only one dog  shall
 5    be  included on each certificate. The veterinarian immunizing
 6    or microchipping an animal shall  provide  the  Administrator
 7    with a certificate of immunization and microchip number.  The
 8    Board shall cause a rabies inoculation tag to be issued, at a
 9    fee  established by the Board for each dog inoculated against
10    rabies.
11        Rabies vaccine for  use  on  animals  shall  be  sold  or
12    distributed  only to and used only by licensed veterinarians.
13    Such rabies vaccine shall be licensed by  the  United  States
14    Department of Agriculture and approved by the Department.
15    (Source: P.A. 78-1166.)

16        (510 ILCS 5/9) (from Ch. 8, par. 359)
17        Sec.  9.  Any  dog  found  running  at  large contrary to
18    provisions  of  this  Act  may  shall  be   apprehended   and
19    impounded.  For this purpose, the Administrator shall utilize
20    any existing or  available  animal  control  facility  public
21    pound.
22    (Source: P.A. 78-795.)

23        (510 ILCS 5/10) (from Ch. 8, par. 360)
24        Sec. 10.  When dogs or cats are apprehended and impounded
25    by  the  Administrator, they must be scanned for the presence
26    of  a  microchip.   The  Administrator   shall   make   every
27    reasonable  attempt to contact the owner as soon as possible.
28    The Administrator he shall give notice of  not  less  than  7
29    business  days  to the owner prior to disposal of the animal,
30    if known. Such notice shall  be  mailed  to  the  last  known
31    address  of  the  owner.  An  affidavit  or  Testimony of the
32    Administrator, or his or her authorized agent, who mails such
 
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 1    notice shall be prima facie evidence of the receipt  of  such
 2    notice by the owner of the animal such dog. In case the owner
 3    of  any  impounded  dog  or  cat  desires  to make redemption
 4    thereof, he or she may do so on the following conditions:
 5        a.  present proof  of  current  rabies  inoculation,  and
 6    registration, if applicable, or
 7        b.  pay for the rabies inoculation of the dog or cat, and
 8    registration, if applicable, and
 9        c.  pay the pound for the board of the dog or cat for the
10    period it was impounded, and
11        d.  pay  into  the  Animal  Control  Fund  an  additional
12    impoundment  fee  as prescribed by the Board as a penalty for
13    the first offense and for each subsequent offense; and.
14        e.  pay for microchipping and registration if not already
15    done.
16        Animal control facilities that are open to the  public  7
17    days  per  week  for  animal  reclamation are exempt from the
18    business day requirement.
19        This shall be in addition to any other penalties  invoked
20    under this Act.
21    (Source: P.A. 83-711.)

22        (510 ILCS 5/11) (from Ch. 8, par. 361)
23        Sec.  11.  When  not  redeemed by the owner, a dog or cat
24    that has been impounded for  failure  to  be  inoculated  and
25    registered,  if applicable, in accordance with the provisions
26    of this Act or  a  cat  that  has  been  impounded  shall  be
27    humanely  dispatched  pursuant  to  the  Humane Euthanasia in
28    Animal Shelters Act or offered for adoption. An animal  pound
29    or  animal  shelter shall not release any dog or cat when not
30    redeemed by the owner unless the animal has  been  surgically
31    rendered  incapable  of  reproduction by spaying or neutering
32    and microchipped, or the person wishing to  adopt  an  animal
33    prior  to the surgical procedures having been performed shall
 
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 1    have executed a written  agreement  promising  to  have  such
 2    service   performed,   including   microchipping,   within  a
 3    specified period of time not to exceed 30 60  days.   Failure
 4    to fulfill the terms of the agreement shall result in seizure
 5    and impoundment of the animal by the animal pound or shelter,
 6    and  any monies which have been deposited shall be forfeited.
 7    This Act shall not prevent humane societies from engaging  in
 8    activities  set  forth  by their charters; provided, they are
 9    not inconsistent  with  provisions  of  this  Act  and  other
10    existing  laws.  No animal shelter or animal control facility
11    shall release dogs or cats to an  individual  representing  a
12    rescue  group  unless  the  group  has  been  licensed by the
13    Illinois Department  of  Agriculture  or  incorporated  as  a
14    not-for-profit  organization.   The Department may suspend or
15    revoke the license of any animal shelter  or  animal  control
16    facility that fails to comply with the requirements set forth
17    in  this  Section Any person purchasing or adopting such dog,
18    with or without charge or donation, must pay for  the  rabies
19    inoculation of such dog and registration if applicable.
20    (Source: P.A. 92-449, eff. 1-1-02.)

21        (510 ILCS 5/12) (from Ch. 8, par. 362)
22        Sec.  12.  The  owner  of  any  dog or other animal which
23    exhibits clinical signs of rabies, whether or  not  the  such
24    dog or other animal has been inoculated against rabies, shall
25    immediately notify the Administrator or, if the Administrator
26    is  not  a  veterinarian, the Deputy Administrator, and shall
27    promptly confine the such dog or other  animal,  or  have  it
28    confined,  under  suitable  observation,  for  a period of at
29    least  10  days,  unless   officially   authorized   by   the
30    Administrator or, if the Administrator is not a veterinarian,
31    the  Deputy  Administrator, in writing, to release it sooner.
32    Any dog or other animal that has had in direct  contact  with
33    the  such  dog  or  other animal and that, whether or not the
 
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 1    exposed dog or other animal has not been  inoculated  against
 2    rabies, shall be confined as recommended by the Administrator
 3    or,  if  the  Administrator is not a veterinarian, the Deputy
 4    Administrator.
 5    (Source: P.A. 78-795.)

 6        (510 ILCS 5/13) (from Ch. 8, par. 363)
 7        Sec. 13.  Dog  or  other  animal  bites;  observation  of
 8    animal.
 9        (a)  Except  as  otherwise  provided in subsection (b) of
10    this Section, when the Administrator or, if the Administrator
11    is not a  veterinarian,  the  Deputy  Administrator  receives
12    information  that  any  person has been bitten by an a dog or
13    other animal, the Administrator or, if the  Administrator  is
14    not  a  veterinarian, the Deputy Administrator, or his or her
15    authorized representative,  shall  have  such  dog  or  other
16    animal   confined   under   the  observation  of  a  licensed
17    veterinarian for a period of 10 days.  The Department may, by
18    regulation, permit such confinement to be reduced to a period
19    of less than 10 days.  A Such veterinarian shall  report  the
20    clinical  condition  of  the dog or other animal immediately,
21    with confirmation in writing to the Administrator or, if  the
22    Administrator is not a veterinarian, the Deputy Administrator
23    within  24  hours  after the dog or other animal is presented
24    for examination, giving the owner's name, address,  the  date
25    of  confinement,  the breed, description, age, and sex of the
26    such dog or other animal, and whether  the  animal  has  been
27    spayed  or  neutered,  on  appropriate  forms approved by the
28    Department.  The Administrator or, if  the  Administrator  is
29    not a veterinarian, the Deputy Administrator shall notify the
30    attending physician or responsible health agency.  At the end
31    of  the  confinement  period, the veterinarian shall submit a
32    written report to the Administrator or, if the  Administrator
33    is  not a veterinarian, the Deputy Administrator advising him
 
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 1    or her of the final disposition of  the  such  dog  or  other
 2    animal on appropriate forms approved by the Department.  When
 3    evidence  is  presented that the such dog or other animal was
 4    inoculated against rabies within the time prescribed by  law,
 5    it shall may be confined in a the house of its owner, or in a
 6    manner  which  will  prohibit it from biting any person for a
 7    period  of  10  days,  if  the  Administrator,   a   licensed
 8    veterinarian  or  other  licensed veterinarian, adjudges such
 9    confinement satisfactory.  The Department may, by regulation,
10    permit such confinement to be reduced to  a  period  of  less
11    than 10 days.  At the end of the confinement period, the such
12    dog or other animal shall be examined by a the Administrator,
13    or another licensed veterinarian.
14        It  is  unlawful for Any person having knowledge that any
15    person has been bitten by an a dog or other animal  shall  to
16    refuse  to  notify the Administrator or, if the Administrator
17    is not a veterinarian, the Deputy Administrator promptly.  It
18    is unlawful for the owner of the such dog or other animal  to
19    euthanize,  sell, give away, or otherwise dispose of any such
20    dog or other animal known to have bitten a person,  until  it
21    is  released by the Administrator or, if the Administrator is
22    not a veterinarian, the Deputy Administrator, or his  or  her
23    authorized  representative.   It is unlawful for the owner of
24    the such dog or other animal to refuse or fail to comply with
25    the reasonable written or printed instructions  made  by  the
26    Administrator or, if the Administrator is not a veterinarian,
27    the  Deputy  Administrator, or his authorized representative.
28    If such instructions cannot  be  delivered  in  person,  they
29    shall  be mailed to the owner of the such dog or other animal
30    by regular mail, postage prepaid.  The affidavit or testimony
31    of  the  Administrator,  or  his  authorized  representative,
32    delivering  or  mailing  such  instructions  is  prima  facie
33    evidence that the owner of  such  dog  or  other  animal  was
34    notified  of  his  responsibilities.  Any expense incurred in
 
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 1    the handling of an any dog or other animal under this Section
 2    and Section 12 shall be borne by the owner.
 3        (b)  When a person has been bitten by a police  dog,  the
 4    police  dog  may continue to perform its duties for the peace
 5    officer  or  law  enforcement  agency  and  any   period   of
 6    observation of the police dog may be under the supervision of
 7    a  peace  officer.  The  supervision shall consist of the dog
 8    being locked in a kennel, performing its official duties in a
 9    police vehicle, or remaining under the  constant  supervision
10    of its police handler.
11        (c)  For the purpose of this Section:
12        "Immediately"  means by telephone, in person, or by other
13    than use of the mail.
14        "Law enforcement agency" means an agency of the State  or
15    a unit of local government that is vested by law or ordinance
16    with  the  duty  to  maintain  public  order  and  to enforce
17    criminal laws or ordinances.
18        "Peace officer" has the meaning ascribed to it in Section
19    2-13 of the Criminal Code of 1961.
20        "Police dog" means a dog trained to assist peace officers
21    in their law enforcement duties.
22    (Source: P.A. 89-576, eff. 1-1-97.)

23        (510 ILCS 5/15) (from Ch. 8, par. 365)
24        Sec. 15. (a) In order to have a dog deemed "vicious", the
25    Administrator, Deputy Administrator, animal  control  warden,
26    or law enforcement officer must give notice of the infraction
27    that  is the basis of the investigation to the owner, conduct
28    a thorough investigation, interview any witnesses,  including
29    the  owner,  gather  any existing medical records, veterinary
30    medical records or behavioral evidence, and make  a  detailed
31    report  recommending  a finding that the dog is a vicious dog
32    and give the report to the States Attorney's Office  and  the
33    owner.  The  Administrator, State's Attorney, Director or any
 
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 1    citizen of the county in which the  dog  exists  may  file  a
 2    complaint  in  the circuit court in the name of the People of
 3    the State of Illinois to deem a dog  to  be  a  vicious  dog.
 4    Testimony   of  a  certified  applied  behaviorist,  a  board
 5    certified  veterinary  behaviorist,  or  another   recognized
 6    expert  may  be  relevant  to  the  court's  determination of
 7    whether the dog's behavior was justified. The petitioner must
 8    prove the dog is  a  vicious  dog  by  clear  and  convincing
 9    evidence.  The Administrator shall determine where the animal
10    shall be confined during the pendency of the case.
11        A  dog  shall  not  be  declared  vicious  if  the  court
12    determines the conduct of the dog was justified because:
13             (1)  the threat, injury, or death was sustained by a
14        person who at the time was committing a crime or  offense
15        upon  the  owner  or  custodian  of  the dog, or upon the
16        property of the owner or custodian of the dog;
17             (2) the injured, threatened, or  killed  person  was
18        tormenting,    abusing,    assaulting,    or   physically
19        threatening the dog or its offspring, or has in the  past
20        tormented,  abused,  assaulted,  or physically threatened
21        the dog or its offspring; or
22             (3) the dog was responding to pain or injury, or was
23        protecting itself, its owner, custodian, or member of its
24        household, kennel, or offspring.  For  purposes  of  this
25        Section:
26             (1)  "Vicious dog" means
27                  (i)  Any  individual  dog  that when unprovoked
28             inflicts bites or attacks a  human  being  or  other
29             animal either on public or private property.
30                  (ii)  Any   individual   dog   with   a   known
31             propensity,   tendency   or  disposition  to  attack
32             without provocation, to cause injury or to otherwise
33             endanger the safety  of  human  beings  or  domestic
34             animals.
 
HB0184 Enrolled            -15-      LRB093 04436 LCB 04488 b
 1                  (iii) Any individual dog that has as a trait or
 2             characteristic  and a generally known reputation for
 3             viciousness,  dangerousness  or  unprovoked  attacks
 4             upon human beings or other animals,  unless  handled
 5             in a particular manner or with special equipment.
 6                  (iv)  Any  individual dog which attacks a human
 7             being or domestic animal without provocation.
 8                  (v)  Any individual dog which has been found to
 9             be a "dangerous dog" upon 3 separate occasions.
10        No dog shall be deemed "vicious" if it bites, attacks, or
11    menaces a trespasser on the property of its owner or harms or
12    menaces anyone who  has  tormented  or  abused  it  or  is  a
13    professionally  trained  dog  for  law  enforcement  or guard
14    duties.  Vicious dogs shall not be  classified  in  a  manner
15    that is specific as to breed.
16        If the burden of proof has been met, the court shall deem
17    the dog to be a vicious dog.
18        If  a  dog is found to be a vicious dog, the dog shall be
19    spayed or neutered within 10  days  of  the  finding  at  the
20    expense of its owner and microchipped, if not already, and is
21    subject  to enclosure.  A dog found to be a vicious dog shall
22    not be released to the  owner  until  the  Administrator,  an
23    Animal   Control   Warden,   or  the  Director  approves  the
24    enclosure.  No owner or keeper of a vicious dog shall sell or
25    give away the dog without court approval.  Whenever an  owner
26    of  a  vicious dog relocates, he or she shall notify both the
27    Administrator of County Animal Control where he  or  she  has
28    relocated  and  the  Administrator  of  County Animal Control
29    where he or she formerly resided.
30             (2)  "Dangerous dog" or "dangerous animal" means any
31        individual dog or animal  which  when  either  unmuzzled,
32        unleashed, or unattended by its owner, or a member of its
33        owner's  family,  in  a  vicious  or  terrorizing manner,
34        approaches any person in an apparent attitude  of  attack
 
HB0184 Enrolled            -16-      LRB093 04436 LCB 04488 b
 1        upon streets, sidewalks, or any public grounds or places.
 2             (3)  "Enclosure"  means  a  fence or structure of at
 3        least 6 feet in height, forming or causing  an  enclosure
 4        suitable  to  prevent  the  entry  of young children, and
 5        suitable to confine a vicious  dog  in  conjunction  with
 6        other measures which may be taken by the owner or keeper,
 7        such  as tethering of a vicious dog within the enclosure.
 8        Such enclosure shall be securely enclosed and locked  and
 9        designed  with  secure sides, top and bottom and shall be
10        designed to prevent the animal  from  escaping  from  the
11        enclosure.
12             (4)  "Impounded" means taken into the custody of the
13        public pound in the city or town where the vicious dog is
14        found.
15             (5)  "Found  to  be  vicious dog" means (i) that the
16        Administrator,  an  Animal  Control  Warden,  or  a   law
17        enforcement  officer  has  conducted an investigation and
18        made a finding in writing that the dog is a  vicious  dog
19        as  defined in paragraph (1) of subsection (a) and, based
20        on that finding, the  Administrator,  an  Animal  Control
21        Warden,  or the Director has declared in writing that the
22        dog is a vicious dog or (ii) that the circuit  court  has
23        found the dog to be a vicious dog as defined in paragraph
24        (1)  of  subsection (a) and has entered an order based on
25        that finding.
26        (b)  It shall be unlawful  for  any  person  to  keep  or
27    maintain  any  dog  which  has been found to be a vicious dog
28    unless the such dog is at all times  kept  in  an  enclosure.
29    The  only  times that a vicious dog may be allowed out of the
30    enclosure are (1) if it is necessary for the owner or  keeper
31    to  obtain veterinary care for the dog, (2) in the case of an
32    emergency  or  natural  disaster  where  the  dog's  life  is
33    threatened, or (3) or (2) to comply with the order of a court
34    of competent jurisdiction, provided that the dog is  securely
 
HB0184 Enrolled            -17-      LRB093 04436 LCB 04488 b
 1    muzzled  and  restrained  with a leash chain having a tensile
 2    strength of 300 pounds and not exceeding 6 3 feet in  length,
 3    and  shall be under the direct control and supervision of the
 4    owner or keeper of the dog or muzzled in its residence.
 5        Any dog which has been found to  be  a  vicious  dog  and
 6    which  is  not confined to an enclosure shall be impounded by
 7    the Administrator, an  Animal  Control  Warden,  or  the  law
 8    enforcement  authority  having jurisdiction in such area. and
 9    shall  be  turned  over  to  a  licensed   veterinarian   for
10    destruction by lethal injection.
11        If  the owner of the dog has not appealed the impoundment
12    order to the circuit court in the county in which the  animal
13    was  impounded  within  15  7  working  days,  the dog may be
14    euthanized humanely dispatched.  A dog found to be a  vicious
15    dog   shall   not   be   released  to  the  owner  until  the
16    Administrator, an Animal  Control  Warden,  or  the  Director
17    approves the enclosure as defined in this Section.
18        No  owner  or  keeper of a vicious dog shall sell or give
19    away the dog.
20        Upon filing a notice of appeal, the order  of  euthanasia
21    shall  be  automatically  stayed  pending  the outcome of the
22    appeal.   The  owner  shall  bear  the   burden   of   timely
23    notification to animal control in writing.
24        (c)  It  is  unlawful for any person to maintain a public
25    nuisance by permitting any dangerous dog or other  animal  to
26    leave  the  premises  of  its owner when not under control by
27    leash or other recognized control methods.
28        Guide dogs for the blind  or  hearing  impaired,  support
29    dogs  for  the  physically handicapped, and sentry, guard, or
30    police-owned dogs are exempt from this Section; provided,  an
31    attack  or  injury  to  a  person  occurs  while  the  dog is
32    performing duties as  expected.   To  qualify  for  exemption
33    under   this  Section,  each  such  dog  shall  be  currently
34    inoculated against rabies in accordance  with  Section  8  of
 
HB0184 Enrolled            -18-      LRB093 04436 LCB 04488 b
 1    this Act.  It shall be the duty of the owner of such exempted
 2    dog  to  notify  the Administrator of changes of address.  In
 3    the case of a sentry or guard dog, the owner shall  keep  the
 4    Administrator  advised of the location where such dog will be
 5    stationed.  The Administrator shall provide police  and  fire
 6    departments  with  a  categorized list of such exempted dogs,
 7    and shall promptly notify such  departments  of  any  address
 8    changes reported to him.
 9        The  Administrator,  the State's Attorney, or any citizen
10    of the county in which a dangerous dog or other animal exists
11    may file a complaint in the name of the People of  the  State
12    of  Illinois  to  enjoin  all  persons  from  maintaining  or
13    permitting  such,  to abate the same, and to enjoin the owner
14    of such dog or other animal from permitting same to leave his
15    or her premises when not under  control  by  leash  or  other
16    recognized control methods.
17        Upon  the filing of a complaint in the circuit court, The
18    court, if satisfied that this nuisance may exist, shall grant
19    a preliminary injunction with bond  in  such  amount  as  the
20    court  may determine enjoining the defendant from maintaining
21    such  nuisance.   If  the  existence  of  the   nuisance   is
22    established,  the  owner of such dog or other animal shall be
23    in violation of this Act, and in addition,  the  court  shall
24    enter  an  order  restraining the owner from maintaining such
25    nuisance and shall may order  that  the  such  dog  or  other
26    animal be humanely dispatched.
27    (Source: P.A. 86-1460; 87-456.)

28        (510 ILCS 5/15.1 new)
29        Sec. 15.1.  Dangerous dog determination.
30        (a)  After  a  thorough investigation including: sending,
31    within 3 days of the Administrator or Director becoming aware
32    of the alleged infraction, notifications to the owner of  the
33    alleged  infractions,  the  fact  of  the  initiation  of  an
 
HB0184 Enrolled            -19-      LRB093 04436 LCB 04488 b
 1    investigation, and affording the owner an opportunity to meet
 2    with  the  Administrator or Director prior to the making of a
 3    determination;  gathering  of  any  medical   or   veterinary
 4    evidence;  interviewing  witnesses;  and  making  a  detailed
 5    written    report,   an   animal   control   warden,   deputy
 6    administrator,  or  law  enforcement  agent   may   ask   the
 7    Administrator,  or  his  or her designee, or the Director, to
 8    deem a dog to be "dangerous".   No  dog  shall  be  deemed  a
 9    "dangerous  dog"  without clear and convincing evidence.  The
10    owner  shall  be   sent   immediate   notification   of   the
11    determination by registered or certified mail that includes a
12    complete description of the appeal process.
13        (b)  A  dog  shall  not  be  declared  dangerous  if  the
14    Administrator,  or  his  or  her  designee,  or  the Director
15    determines the conduct of the dog was justified because:
16                  (1) the threat was sustained by a person who at
17             the time was committing a crime or offense upon  the
18             owner or custodian of the dog;
19                  (2)   the  threatened  person  was  tormenting,
20             abusing, assaulting, or physically  threatening  the
21             dog or its offspring;
22                  (3)   the   injured,   threatened,   or  killed
23             companion animal was  attacking  or  threatening  to
24             attack the dog or its offspring; or
25                  (4) the dog was responding to pain or injury or
26             was  protecting  itself,  its owner, custodian, or a
27             member of its household, kennel, or offspring.
28        (c)  Testimony of  a  certified  applied  behaviorist,  a
29    board certified veterinary behaviorist, or another recognized
30    expert  may  be  relevant to the determination of whether the
31    dog's behavior was justified pursuant to  the  provisions  of
32    this Section.
33        (d)  If  deemed  dangerous,  the Administrator, or his or
34    her designee, or the Director  shall  order  the  dog  to  be
 
HB0184 Enrolled            -20-      LRB093 04436 LCB 04488 b
 1    spayed  or neutered within 14 days at the owner's expense and
 2    microchipped,  if  not  already,  and  one  or  more  of  the
 3    following as deemed appropriate under the  circumstances  and
 4    necessary for the protection of the public:
 5             (1)  evaluation  of  the  dog by a certified applied
 6        behaviorist, a board certified veterinary behaviorist, or
 7        another recognized expert in the field and completion  of
 8        training  or other treatment as deemed appropriate by the
 9        expert. The owner of the dog shall be responsible for all
10        costs associated with evaluations  and  training  ordered
11        under this subsection; or
12             (2)  direct  supervision by an adult 18 years of age
13        or older whenever the animal is on public premises.
14        (e)  The Administrator may order a dangerous  dog  to  be
15    muzzled  whenever  it  is on public premises in a manner that
16    will prevent it from biting any person or  animal,  but  that
17    shall  not  injure  the  dog  or interfere with its vision or
18    respiration.
19        (f)  Guide  dogs  for  the  blind  or  hearing  impaired,
20    support dogs for  the  physically  handicapped,  and  sentry,
21    guard,  or  police-owned  dogs  are exempt from this Section;
22    provided, an attack or injury to a person  occurs  while  the
23    dog  is  performing  duties  as  expected.   To  qualify  for
24    exemption   under  this  Section,  each  such  dog  shall  be
25    currently  inoculated  against  rabies  in  accordance   with
26    Section  8 of this Act and performing duties as expected.  It
27    shall be the duty of the owner of the exempted dog to  notify
28    the  Administrator  of  changes of address.  In the case of a
29    sentry or guard dog, the owner shall keep  the  Administrator
30    advised  of  the  location  where such dog will be stationed.
31    The Administrator shall provide police and  fire  departments
32    with  a  categorized  list  of  the  exempted dogs, and shall
33    promptly  notify  the  departments  of  any  address  changes
34    reported to him or her.
 
HB0184 Enrolled            -21-      LRB093 04436 LCB 04488 b
 1        (510 ILCS 5/15.2 new)
 2        Sec. 15.2.  Dangerous dogs; leash. It is unlawful for any
 3    person to knowingly or recklessly permit any dangerous dog to
 4    leave the premises of its owner when  not  under  control  by
 5    leash or other recognized control methods.

 6        (510 ILCS 5/15.3 new)
 7        Sec. 15.3.  Dangerous dog; appeal.
 8        (a)  The  owner  of  a  dog  found  to be a dangerous dog
 9    pursuant to this Act by an Administrator may file a complaint
10    against the Administrator in the circuit court within 35 days
11    of receipt of notification of the  determination,  for  a  de
12    novo  hearing  on  the determination. The proceeding shall be
13    conducted as a civil hearing pursuant to the  Illinois  Rules
14    of  Evidence  and  the Code of Civil Procedure, including the
15    discovery provisions. After hearing both  parties'  evidence,
16    the  court  may  make a determination of dangerous dog if the
17    Administrator meets his or her burden of proof of  clear  and
18    convincing evidence. The final order of the circuit court may
19    be  appealed  pursuant to the civil appeals provisions of the
20    Illinois Supreme Court Rules.
21        (b)  The owner of a dog  found  to  be  a  dangerous  dog
22    pursuant  to  this Act by the Director may, within 14 days of
23    receipt of notification  of  the  determination,  request  an
24    administrative  hearing  to  appeal  the  determination.  The
25    administrative  hearing  shall  be  conducted pursuant to the
26    Department  of  Agriculture's  rules  applicable  to   formal
27    administrative proceedings, 8 Ill. Adm. Code Part 1, SubParts
28    A  and  B.  An owner desiring a hearing shall make his or her
29    request  for  a  hearing  to  the  Illinois   Department   of
30    Agriculture.   The   final  administrative  decision  of  the
31    Department may be reviewed judicially by the circuit court of
32    the county wherein the person resides or, in the  case  of  a
33    corporation,  the  county  where  its  registered  office  is
 
HB0184 Enrolled            -22-      LRB093 04436 LCB 04488 b
 1    located.  If  the  plaintiff  in a review proceeding is not a
 2    resident of Illinois, the venue shall be in Sangamon  County.
 3    The   Administrative   Review  Law  and  all  amendments  and
 4    modifications thereof, and the rules adopted  thereto,  apply
 5    to  and  govern  all  proceedings  for the judicial review of
 6    final administrative decisions of the Department hereunder.
 7        (c)  Until the order has been reviewed and at  all  times
 8    during  the  appeal  process, the owner shall comply with the
 9    requirements set forth by the Administrator,  the  court,  or
10    the Director.
11        (d)  At  any  time  after a final order has been entered,
12    the owner may petition  the  circuit  court  to  reverse  the
13    designation of dangerous dog.

14        (510 ILCS 5/16.5 new)
15        Sec.  16.5.  Expenses  of  microchipping.   A  clinic for
16    microchipping companion animals of county residents should be
17    conducted at least once a year under  the  direction  of  the
18    Administrator or, if the Administrator is not a veterinarian,
19    the  Deputy  Administrator  at  the  animal control facility,
20    animal shelter, or other central location within the  county.
21    The  maximum  amount that can be charged for microchipping an
22    animal at this clinic shall be  $15.   Funds  generated  from
23    this clinic shall be deposited in the county's animal control
24    fund.

25        (510 ILCS 5/17) (from Ch. 8, par. 367)
26        Sec.  17.  For the purpose of carrying out the provisions
27    of  this  Act   and   making   inspections   hereunder,   the
28    Administrator,  or  his  or her authorized representative, or
29    any law enforcement officer of the law may enter upon private
30    premises, provided that the entry shall not be made into  any
31    building  that  is  a  person's  residence,  to  apprehend  a
32    straying  dog  or other animal, a dangerous or vicious dog or
 
HB0184 Enrolled            -23-      LRB093 04436 LCB 04488 b
 1    other animal, or an a dog  or  other  animal  thought  to  be
 2    infected  with  rabies. If, after request therefor, the owner
 3    of the such dog or other animal shall refuse to  deliver  the
 4    dog  or  other  animal  to the officer, the owner shall be in
 5    violation of this Act.
 6    (Source: P.A. 78-795.)

 7        (510 ILCS 5/18) (from Ch. 8, par. 368)
 8        Sec. 18. Any owner seeing his or her livestock,  poultry,
 9    or  equidae  sheep,  goats,  cattle,  horses,  mules,  swine,
10    ratites,  or  poultry  being injured, wounded, or killed by a
11    dog, not accompanied by or not under the supervision  of  its
12    owner, may pursue and kill such dog.
13    (Source: P.A. 88-600, eff. 9-1-94.)

14        (510 ILCS 5/19) (from Ch. 8, par. 369)
15        Sec. 19.  Any owner having livestock, poultry, or equidae
16    sheep, goats, cattle, horses, mules, swine, or poultry killed
17    or  injured  by  a  dog shall, according to the provisions of
18    this Act and upon filing claim and making  proper  proof,  be
19    entitled  to  receive  reimbursement for such losses from the
20    Animal Control Fund; provided, he or she  is  a  resident  of
21    this  State  and  such  injury  or killing is reported to the
22    Administrator within 24 hours after such  injury  or  killing
23    occurs,  and he or she shall have appeared before a member of
24    the County Board of the  county  in  which  such  killing  or
25    injury  occurred  and  makes  affidavit stating the number of
26    such animals or poultry killed  or  injured,  the  amount  of
27    damages  and  the  owner  of  the dog causing such killing or
28    injury, if known.  Members of the County Board are authorized
29    to administer oaths in such cases.
30        The  damages  referred  to  in  this  Section  shall   be
31    substantiated    by    the   Administrator   through   prompt
32    investigation and by not less than 2 witnesses who  shall  be
 
HB0184 Enrolled            -24-      LRB093 04436 LCB 04488 b
 1    owners  or  life  tenants of real property in the county. The
 2    Administrator member of the Board shall determine whether the
 3    provisions of this Section have been met  and  shall  keep  a
 4    record in each case of the names of the owners of the animals
 5    or  poultry,  the amount of damages proven, and the number of
 6    animals or poultry killed or injured.
 7        The Administrator  member  of  the  Board  shall  file  a
 8    written  report  with the County Treasurer as to the right of
 9    an owner of livestock,  poultry,  or  equidae  sheep,  goats,
10    cattle,  horses,  mules,  swine, or poultry to be paid out of
11    the Animal Control Fund,  and  the  amount  of  such  damages
12    claimed.
13        The  County Treasurer shall, on the first Monday in March
14    of each calendar year, pay to the owner  of  the  animals  or
15    poultry the amount of damages to which he or she is entitled.
16    The  county  board,  by ordinance, shall establish a schedule
17    for damages reflecting the current market value.  Unless  the
18    county  board,  by  ordinance,  establishes  a  schedule  for
19    damages  reflecting  the reasonable market value; the damages
20    allowed for grade animals or poultry  shall  not  exceed  the
21    following amounts:
22        a.  For goats killed or injured, $30 per head.
23        b.  For cattle killed or injured, $300 per head.
24        c.  For horses or mules killed or injured, $200 per head.
25        d.  For swine killed or injured, $50 per head.
26        e.  For turkeys killed or injured, $5 per head.
27        f.  For sheep killed or injured, $30 per head.
28        g.  For all poultry, other than turkeys, $1 per head.
29    The  maximum  amounts  hereinabove set forth may be increased
30    50% for animals for which the owner can present a certificate
31    of  registry  of  the  appropriate   breed   association   or
32    organization.   However,  if there is not sufficient money in
33    the portion of the fund set aside as stated in Section  7  to
34    pay all claims for damages in full, then the County Treasurer
 
HB0184 Enrolled            -25-      LRB093 04436 LCB 04488 b
 1    shall  pay  to  such owner of animals or poultry his pro rata
 2    share of the money available.
 3        If there are funds in excess of  amounts  paid  for  such
 4    claims  for damage in that portion of the Animal Control Fund
 5    set aside for this purpose, this excess  shall  be  used  for
 6    other costs of the program as set forth in this Act.
 7    (Source: P.A. 84-551.)

 8        (510 ILCS 5/22) (from Ch. 8, par. 372)
 9        Sec.  22.   The Department shall have general supervision
10    of the administration of this Act  and  may  make  reasonable
11    rules  and  regulations,  not inconsistent with this Act, for
12    the  enforcement  of  this  Act  and  for  the  guidance   of
13    Administrators, including revoking a license issued under the
14    Animal  Welfare  Act  for noncompliance with any provision of
15    this Act.
16    (Source: P.A. 78-795.)

17        (510 ILCS 5/24) (from Ch. 8, par. 374)
18        Sec. 24. Nothing in this Act shall be held  to  limit  in
19    any  manner  the power of any municipality or other political
20    subdivision to prohibit animals from running  at  large,  nor
21    shall  anything  in  this Act be construed to, in any manner,
22    limit the  power  of  any  municipality  or  other  political
23    subdivision  to  further  control  and regulate dogs, cats or
24    other  animals  in  such  municipality  or  other   political
25    subdivision  provided  that  no  regulation  or  ordinance is
26    specific to breed  including  a  requirement  of  inoculation
27    against rabies.
28    (Source: P.A. 82-783.)

29        (510 ILCS 5/26) (from Ch. 8, par. 376)
30        Sec.  26.   (a)  Any  person  violating  or  aiding in or
31    abetting the violation of  any  provision  of  this  Act,  or

 
HB0184 Enrolled            -26-      LRB093 04436 LCB 04488 b
 1    counterfeiting or forging any certificate, permit, or tag, or
 2    making   any   misrepresentation  in  regard  to  any  matter
 3    prescribed  by  this  Act,  or  resisting,  obstructing,   or
 4    impeding  the  Administrator  or  any  authorized  officer in
 5    enforcing this Act, or refusing to  produce  for  inoculation
 6    any  dog  in  his  possession not confined at all times to an
 7    enclosed area, or who removes a tag from a dog  for  purposes
 8    of  destroying  or  concealing  its  identity, is guilty of a
 9    Class C misdemeanor petty  offense  for  a  first  or  second
10    offense  and  shall  be fined not less than $25 nor more than
11    $200, and for a third and subsequent offense, is guilty of  a
12    Class B C misdemeanor.
13        Each  day a person fails to comply constitutes a separate
14    offense. Each State's  Attorney  to  whom  the  Administrator
15    reports  any  violation  of  this Act shall cause appropriate
16    proceedings to be instituted in  the  proper  courts  without
17    delay and to be prosecuted in the manner provided by law.
18        (b)  If the owner of a vicious dog subject to enclosure:
19             (1)  fails  to  maintain  or  keep  the  dog  in  an
20        enclosure or fails to spay or neuter the dog; and
21             (2)  the  dog inflicts serious physical injury great
22        bodily harm, permanent disfigurement, permanent  physical
23        disability  upon  any other person or causes the death of
24        another person; and
25             (3)  the attack is unprovoked in a place where  such
26        person  is  peaceably  conducting  himself or herself and
27        where such person may lawfully be;
28    the owner shall be guilty of a Class 4 felony A  misdemeanor,
29    unless the owner knowingly allowed the dog to run at large or
30    failed to take steps to keep the dog in an enclosure then the
31    owner  shall  be  guilty  of  a Class 3 4 felony. The penalty
32    provided in this paragraph shall be in addition to any  other
33    criminal or civil sanction provided by law.
34        (c)  If  the  owner of a dangerous dog knowingly fails to
 
HB0184 Enrolled            -27-      LRB093 04436 LCB 04488 b
 1    comply with any order of the court regarding the dog and  the
 2    dog  inflicts  serious  physical  injury  on  a  person  or a
 3    companion animal, the owner shall be  guilty  of  a  Class  A
 4    misdemeanor.  If the owner of a dangerous dog knowingly fails
 5    to  comply with any order regarding the dog and the dog kills
 6    a person the owner shall be guilty of a Class 4 felony.
 7    (Source: P.A. 87-456.)

 8        Section 99.  Effective date.  This Act takes effect  upon
 9    becoming law.