093_HB0184ham001

 










                                     LRB093 04436 LCB 11574 a

 1                     AMENDMENT TO HOUSE BILL 184

 2        AMENDMENT NO.     .  Amend House Bill  184  by  replacing
 3    everything after the enacting clause with the following:

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

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

21        (510 ILCS 5/2.02) (from Ch. 8, par. 352.02)
 
                            -2-      LRB093 04436 LCB 11574 a
 1        Sec. 2.02.
 2        "Animal" means every living creature  any  animal,  other
 3    than man, which may be affected by rabies.
 4    (Source: P.A. 78-795.)

 5        (510 ILCS 5/2.03) (from Ch. 8, par. 352.03)
 6        Sec. 2.03.
 7        "Animal Control Warden" means any person appointed by the
 8    Administrator and approved by the Board to perform the duties
 9    set  forth  in as assigned by the Administrator to effectuate
10    this Act.
11    (Source: P.A. 78-795.)

12        (510 ILCS 5/2.04a new)
13        Sec.  2.04a.  "Cat"  means  all  members  of  the  family
14    Felidae.

15        (510 ILCS 5/2.05) (from Ch. 8, par. 352.05)
16        Sec. 2.05.
17        "Confined" means restriction of an animal at all times by
18    the owner, or his agent, to an escape-proof building,  house,
19    or other enclosure away from other animals and the public.
20    (Source: P.A. 78-795.)

21        (510 ILCS 5/2.05a new)
22        Sec. 2.05a. "Dangerous dog" means any individual dog when
23    unmuzzled, unleashed, or unattended by its owner or custodian
24    that  behaves  in  a  manner  that  a reasonable person would
25    believe poses a serious and unjustified  imminent  threat  of
26    serious  physical  injury or death to a person or a companion
27    animal in a public place.

28        (510 ILCS 5/2.07) (from Ch. 8, par. 352.07)
29        Sec. 2.07.
 
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 1        "Deputy Administrator" means a veterinarian  licensed  by
 2    the  State  of  Illinois, appointed by the Administrator, and
 3    approved by the Board.
 4    (Source: P.A. 78-795.)

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

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

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

30        (510 ILCS 5/2.17) (from Ch. 8, par. 352.17)
 
                            -4-      LRB093 04436 LCB 11574 a
 1        Sec. 2.17.
 2        "Person" means any individual, person, firm, corporation,
 3    partnership, society, association or other legal entity,  any
 4    public   or  private  institution,  the  State  of  Illinois,
 5    municipal corporation or political subdivision of the  State,
 6    or any other business unit.
 7    (Source: P.A. 78-795.)

 8        (510 ILCS 5/2.17a new)
 9        Sec.  2.17a.  "Peace officer" has the meaning ascribed to
10    it in Section 2-13 of the Criminal Code of 1961.

11        (510 ILCS 5/2.17b new)
12        Sec. 2.17b.  "Police animal" means  an  animal  owned  or
13    used  by a law enforcement department or agency in the course
14    of the department or agency's work.

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

22        (510 ILCS 5/2.18a new)
23        Sec. 2.18a. "Physical injury"  means  the  impairment  of
24    physical condition.

25        (510 ILCS 5/2.19a new)
26        Sec.  2.19a.  "Serious  physical injury" means a physical
27    injury that creates a  substantial  risk  of  death  or  that
28    causes death, serious or protracted disfigurement, protracted
29    impairment  of  health,  or impairment of the function of any
 
                            -5-      LRB093 04436 LCB 11574 a
 1    bodily organ.

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

 7        (510 ILCS 5/3) (from Ch. 8, par. 353)
 8        Sec.  3.   The  County Board Chairman with the advice and
 9    consent  of  the  County   Board   shall   appoint   an,   as
10    Administrator,   a   veterinarian  licensed  by  this  State.
11    Appointments shall be made as necessary to keep this position
12    filled at all times. The Administrator may  appoint  as  many
13    Deputy  Administrators  and Animal Control Wardens to aid him
14    or her as authorized by the Board. The compensation  for  the
15    Administrator,  Deputy  Administrators,  and  Animal  Control
16    Wardens  shall  be fixed by the Board for services other than
17    for the rabies inoculation of  dogs  or  other  animals.  The
18    Administrator  may be removed from office by the County Board
19    Chairman, with the advice and consent of the County Board.
20        The Board shall provide  necessary  personnel,  training,
21    equipment, supplies, and facilities, and shall operate pounds
22    or  contract  for  their operation as necessary to effectuate
23    the program. The Board may enter into contracts or agreements
24    with persons to assist in the operation of the program.
25        The Board shall be empowered to utilize monies from their
26    General Corporate Fund to effectuate the intent of this Act.
27        The Board is  authorized  by  ordinance  to  require  the
28    registration and microchipping of dogs and cats and shall may
29    impose an individual animal and litter registration fee.  All
30    persons selling dogs or cats or keeping registries of dogs or
31    cats   shall   cooperate   and  provide  information  to  the
32    Administrator  as  required  by  Board  ordinance,  including
 
                            -6-      LRB093 04436 LCB 11574 a
 1    sales, number of litters, and ownership  of  dogs  and  cats.
 2    The microchip number shall serve as the county animal control
 3    registration  number.  All microchips shall have an operating
 4    frequency of 125 kilohertz.
 5        In obtaining information required to implement this  Act,
 6    the  Department shall have power to subpoena and bring before
 7    it any person in this State  and  to  take  testimony  either
 8    orally  or  by  deposition,  or  both, with the same fees and
 9    mileage and in the same manner as prescribed by law for civil
10    cases in courts of this State.
11        The Director, and any member of the Board shall each have
12    power to administer oaths to witnesses at any  hearing  which
13    the Department is authorized by law to conduct, and any other
14    oaths  required  or authorized in any Act administered by the
15    Department.
16        This Section does not apply to feral cats.
17    (Source: P.A. 87-157.)

18        (510 ILCS 5/5) (from Ch. 8, par. 355)
19        Sec. 5. Duties and powers.
20        (a)  It shall be the duty of  the  Administrator  or  the
21    Deputy    Administrator,    through   sterilization,   humane
22    education, rabies inoculation,  stray  control,  impoundment,
23    quarantine,  and any other means deemed necessary, to control
24    and prevent the  spread  of  rabies  in  his  county  and  to
25    exercise  dog  and cat overpopulation control.  It shall also
26    be  the  duty  of  the  Administrator  to   investigate   and
27    substantiate all claims made under Section 19 of this Act.
28        (b)  Counties  may  by  ordinance determine the extent of
29    the police powers that may be exercised by the Administrator,
30    Deputy Administrators,  and  Animal  Control  Wardens,  which
31    powers  shall  pertain  only to this Act.  The Administrator,
32    Deputy Administrators, and Animal Control Wardens  may  issue
33    and  serve  citations  and orders for violations of this Act.
 
                            -7-      LRB093 04436 LCB 11574 a
 1    The Administrator, Deputy Administrators, and Animal  Control
 2    Wardens   may   not  carry  weapons  unless  they  have  been
 3    specifically authorized to carry weapons by county ordinance.
 4    Animal Control Wardens, however, may  use  tranquilizer  guns
 5    and  other  nonlethal  weapons and equipment without specific
 6    weapons authorization.
 7        A person authorized to carry firearms by county ordinance
 8    under this subsection must have completed the training course
 9    for peace officers prescribed in the  Peace  Officer  Firearm
10    Training Act.  The cost of this training shall be paid by the
11    county.
12        (c)  The sheriff and all sheriff's deputies and municipal
13    police  officers  shall  cooperate with the Administrator and
14    his or her representatives in carrying out the provisions  of
15    this Act.
16    (Source: P.A. 90-385, eff. 8-15-97.)

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

25        (510 ILCS 5/8) (from Ch. 8, par. 358)
26        Sec. 8.  Every owner of a dog 4 months or more of age not
27    confined at all times to an enclosed area,  shall  have  each
28    dog  cause  such  dog  to  be  inoculated against rabies by a
29    licensed veterinarian and microchipped at such  intervals  as
30    may  hereafter be established by regulations pursuant to this
31    Act. Every dog shall have a second rabies vaccination  within
32    one   year   of  the  first.   Terms  of  subsequent  vaccine
 
                            -8-      LRB093 04436 LCB 11574 a
 1    administration and duration of immunity must be in compliance
 2    with USDA licenses of vaccines used.  Evidence of such rabies
 3    inoculation shall be entered on a  certificate  the  form  of
 4    which  shall  be  approved  by  the  Board and which shall be
 5    signed  by  the  licensed  veterinarian   administering   the
 6    vaccine.   Veterinarians  who  inoculate  a dog shall procure
 7    from the County Animal Control serially numbered tags, one to
 8    be issued with each inoculation  certificate.  Only  one  dog
 9    shall  be  included  on  each  certificate.  The veterinarian
10    immunizing or  microchipping  an  animal  shall  provide  the
11    Administrator   with   a   certificate  of  immunization  and
12    microchip number.  The Board shall cause a rabies inoculation
13    tag to be issued, at a fee established by the Board for  each
14    dog inoculated against rabies.
15        Rabies  vaccine  for  use  on  animals  shall  be sold or
16    distributed only to and used only by licensed  veterinarians.
17    Such  rabies  vaccine  shall be licensed by the United States
18    Department of Agriculture and approved by the Department.
19    (Source: P.A. 78-1166.)

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

27        (510 ILCS 5/10) (from Ch. 8, par. 360)
28        Sec. 10.  When dogs or cats are apprehended and impounded
29    by  the  Administrator, they must be scanned for the presence
30    of  a  microchip.   The  Administrator   shall   make   every
31    reasonable  attempt to contact the owner as soon as possible.
32    The Administrator he shall give notice of not less than 10  7
 
                            -9-      LRB093 04436 LCB 11574 a
 1    days  to the owner prior to disposal of the animal, if known.
 2    Such notice shall be mailed to the last known address of  the
 3    owner. An affidavit or Testimony of the Administrator, or his
 4    or her authorized agent, who mails such notice shall be prima
 5    facie  evidence of the receipt of such notice by the owner of
 6    the animal such dog. In case the owner of any  impounded  dog
 7    or  cat  desires to make redemption thereof, he or she may do
 8    so on the following conditions:
 9        a.  present proof  of  current  rabies  inoculation,  and
10    registration, if applicable, or
11        b.  pay for the rabies inoculation of the dog or cat, and
12    registration, if applicable, and
13        c.  pay the pound for the board of the dog or cat for the
14    period it was impounded, and
15        d.  pay  into  the  Animal  Control  Fund  an  additional
16    impoundment  fee  as prescribed by the Board as a penalty for
17    the first offense and for each subsequent offense; and.
18        e.  pay for microchipping and registration if not already
19    done.
20        This shall be in addition to any other penalties  invoked
21    under this Act.
22    (Source: P.A. 83-711.)

23        (510 ILCS 5/11) (from Ch. 8, par. 361)
24        Sec.  11.  When  not  redeemed by the owner, a dog or cat
25    that has been impounded for  failure  to  be  inoculated  and
26    registered,  if applicable, in accordance with the provisions
27    of this Act or  a  cat  that  has  been  impounded  shall  be
28    humanely  dispatched  pursuant  to  the  Humane Euthanasia in
29    Animal Shelters Act or offered for adoption. An animal  pound
30    or  animal  shelter shall not release any dog or cat when not
31    redeemed by the owner unless the animal has  been  surgically
32    rendered  incapable  of  reproduction by spaying or neutering
33    and microchipping, or the person wishing to adopt  an  animal
 
                            -10-     LRB093 04436 LCB 11574 a
 1    prior  to the surgical procedures having been performed shall
 2    have executed a written  agreement  promising  to  have  such
 3    service performed and microchipping within a specified period
 4    of  time  not  to  exceed 30 60 days.  Failure to fulfill the
 5    terms  of  the  agreement  shall  result   in   seizure   and
 6    impoundment of the animal by the animal pound or shelter, and
 7    any  monies  which  have  been  deposited shall be forfeited.
 8    This Act shall not prevent humane societies from engaging  in
 9    activities  set  forth  by their charters; provided, they are
10    not inconsistent  with  provisions  of  this  Act  and  other
11    existing  laws.  No animal shelter or animal control facility
12    shall release dogs or cats to an  individual  representing  a
13    rescue  group  unless  the  group  has  been  licensed by the
14    Illinois Department  of  Agriculture  or  incorporated  as  a
15    not-for-profit  organization.   The Department may suspend or
16    revoke the license of any animal shelter  or  animal  control
17    facility that fails to comply with the requirements set forth
18    in  this  Section Any person purchasing or adopting such dog,
19    with or without charge or donation, must pay for  the  rabies
20    inoculation of such dog and registration if applicable.
21    (Source: P.A. 92-449, eff. 1-1-02.)

22        (510 ILCS 5/12) (from Ch. 8, par. 362)
23        Sec.  12.  The  owner  of  any  dog or other animal which
24    exhibits clinical signs of rabies, whether or  not  the  such
25    dog or other animal has been inoculated against rabies, shall
26    immediately notify the Administrator or, if the Administrator
27    is  not  a  veterinarian, the Deputy Administrator, and shall
28    promptly confine the such dog or other  animal,  or  have  it
29    confined,  under  suitable  observation,  for  a period of at
30    least  10  days,  unless   officially   authorized   by   the
31    Administrator or, if the Administrator is not a veterinarian,
32    the  Deputy  Administrator, in writing, to release it sooner.
33    Any dog or other animal that has had in direct  contact  with
 
                            -11-     LRB093 04436 LCB 11574 a
 1    the  such  dog  or  other animal and that, whether or not the
 2    exposed dog or other animal has not been  inoculated  against
 3    rabies, shall be confined as recommended by the Administrator
 4    or,  if  the  Administrator is not a veterinarian, the Deputy
 5    Administrator.
 6    (Source: P.A. 78-795.)

 7        (510 ILCS 5/13) (from Ch. 8, par. 363)
 8        Sec. 13.  Dog  or  other  animal  bites;  observation  of
 9    animal.
10        (a)  Except  as  otherwise  provided in subsection (b) of
11    this Section, when the Administrator or, if the Administrator
12    is not a  veterinarian,  the  Deputy  Administrator  receives
13    information  that  any  person has been bitten by an a dog or
14    other animal, the Administrator or, if the  Administrator  is
15    not  a  veterinarian, the Deputy Administrator, or his or her
16    authorized representative,  shall  have  such  dog  or  other
17    animal   confined   under   the  observation  of  a  licensed
18    veterinarian for a period of 10 days.  The Department may, by
19    regulation, permit such confinement to be reduced to a period
20    of less than 10 days.  A Such veterinarian shall  report  the
21    clinical  condition  of  the dog or other animal immediately,
22    with confirmation in writing to the Administrator or, if  the
23    Administrator is not a veterinarian, the Deputy Administrator
24    within  24  hours  after the dog or other animal is presented
25    for examination, giving the owner's name, address,  the  date
26    of  confinement,  the breed, description, age, and sex of the
27    such dog or other animal, and whether  the  animal  has  been
28    spayed  or  neutered,  on  appropriate  forms approved by the
29    Department.  The Administrator or, if  the  Administrator  is
30    not a veterinarian, the Deputy Administrator shall notify the
31    attending physician or responsible health agency.  At the end
32    of  the  confinement  period, the veterinarian shall submit a
33    written report to the Administrator or, if the  Administrator
 
                            -12-     LRB093 04436 LCB 11574 a
 1    is  not a veterinarian, the Deputy Administrator advising him
 2    or her of the final disposition of  the  such  dog  or  other
 3    animal on appropriate forms approved by the Department.  When
 4    evidence  is  presented that the such dog or other animal was
 5    inoculated against rabies within the time prescribed by  law,
 6    it shall may be confined in a the house of its owner, or in a
 7    manner  which  will  prohibit it from biting any person for a
 8    period  of  10  days,  if  the  Administrator,   a   licensed
 9    veterinarian  or  other  licensed veterinarian, adjudges such
10    confinement satisfactory.  The Department may, by regulation,
11    permit such confinement to be reduced to  a  period  of  less
12    than 10 days.  At the end of the confinement period, the such
13    dog or other animal shall be examined by a the Administrator,
14    or another licensed veterinarian.
15        It  is  unlawful for Any person having knowledge that any
16    person has been bitten by an a dog or other animal should  to
17    refuse  to  notify the Administrator or, if the Administrator
18    is not a veterinarian, the Deputy Administrator promptly.  It
19    is unlawful for the owner of the such dog or other animal  to
20    euthanize,  sell, give away, or otherwise dispose of any such
21    dog or other animal known to have bitten a person,  until  it
22    is  released by the Administrator or, if the Administrator is
23    not a veterinarian, the Deputy Administrator, or his  or  her
24    authorized  representative.   It is unlawful for the owner of
25    the such dog or other animal to refuse or fail to comply with
26    the reasonable written or printed instructions  made  by  the
27    Administrator or, if the Administrator is not a veterinarian,
28    the  Deputy  Administrator, or his authorized representative.
29    If such instructions cannot  be  delivered  in  person,  they
30    shall  be mailed to the owner of the such dog or other animal
31    by regular mail, postage prepaid.  The affidavit or testimony
32    of  the  Administrator,  or  his  authorized  representative,
33    delivering  or  mailing  such  instructions  is  prima  facie
34    evidence that the owner of  such  dog  or  other  animal  was
 
                            -13-     LRB093 04436 LCB 11574 a
 1    notified  of  his  responsibilities.  Any expense incurred in
 2    the handling of an any dog or other animal under this Section
 3    and Section 12 shall be borne by the owner.
 4        (b)  When a person has been bitten by a police  dog,  the
 5    police  dog  may continue to perform its duties for the peace
 6    officer  or  law  enforcement  agency  and  any   period   of
 7    observation of the police dog may be under the supervision of
 8    a  peace  officer.  The  supervision shall consist of the dog
 9    being locked in a kennel, performing its official duties in a
10    police vehicle, or remaining under the  constant  supervision
11    of its police handler.
12        (c)  For the purpose of this Section:
13        "Immediately"  means by telephone, in person, or by other
14    than use of the mail.
15        "Law enforcement agency" means an agency of the State  or
16    a unit of local government that is vested by law or ordinance
17    with  the  duty  to  maintain  public  order  and  to enforce
18    criminal laws or ordinances.
19        "Peace officer" has the meaning ascribed to it in Section
20    2-13 of the Criminal Code of 1961.
21        "Police dog" means a dog trained to assist peace officers
22    in their law enforcement duties.
23    (Source: P.A. 89-576, eff. 1-1-97.)

24        (510 ILCS 5/15) (from Ch. 8, par. 365)
25        Sec. 15. (a) In order to have a dog deemed "vicious", the
26    Administrator, Deputy Administrator, animal  control  warden,
27    or law enforcement officer must give notice of the infraction
28    that  is the basis of the investigation to the owner, conduct
29    a thorough investigation, interview any witnesses,  including
30    the  owner,  gather  any existing medical records, veterinary
31    medical records or behavioral evidence, and make  a  detailed
32    report  recommending  a finding that the dog is a vicious dog
33    and give the report to the States Attorney's Office  and  the
 
                            -14-     LRB093 04436 LCB 11574 a
 1    owner.  The  Administrator, State's Attorney, Director or any
 2    citizen of the county in which the  dog  exists  may  file  a
 3    complaint  in  the circuit court in the name of the People of
 4    the State of Illinois to deem a dog  to  be  a  vicious  dog.
 5    Testimony   of  a  certified  applied  behaviorist,  a  board
 6    certified  veterinary  behaviorist,  or  another   recognized
 7    expert  may  be  relevant  to  the  court's  determination of
 8    whether the dog's behavior was justified. The petitioner must
 9    prove the dog is  a  vicious  dog  by  clear  and  convincing
10    evidence.  The Administrator shall determine where the animal
11    shall be confined during the pendency of the case.
12        A  dog  shall  not  be  declared  vicious  if  the  court
13    determines the conduct of the dog was justified because:
14             (1)  the threat, injury, or death was sustained by a
15        person who at the time was committing a crime or  offense
16        upon  the  owner  or  custodian  of  the dog, or upon the
17        property of the owner or custodian of the dog;
18             (2) the injured, threatened, or  killed  person  was
19        tormenting,    abusing,    assaulting,    or   physically
20        threatening the dog or its offspring, or has in the  past
21        tormented,  abused,  assaulted,  or physically threatened
22        the dog or its offspring; or
23             (3) the dog was responding to pain or injury, or was
24        protecting itself, its owner, custodian, or member of its
25        household, kennel, or offspring.  For  purposes  of  this
26        Section:
27             (1)  "Vicious dog" means
28                  (i)  Any  individual  dog  that when unprovoked
29             inflicts bites or attacks a  human  being  or  other
30             animal either on public or private property.
31                  (ii)  Any   individual   dog   with   a   known
32             propensity,   tendency   or  disposition  to  attack
33             without provocation, to cause injury or to otherwise
34             endanger the safety  of  human  beings  or  domestic
 
                            -15-     LRB093 04436 LCB 11574 a
 1             animals.
 2                  (iii) Any individual dog that has as a trait or
 3             characteristic  and a generally known reputation for
 4             viciousness,  dangerousness  or  unprovoked  attacks
 5             upon human beings or other animals,  unless  handled
 6             in a particular manner or with special equipment.
 7                  (iv)  Any  individual dog which attacks a human
 8             being or domestic animal without provocation.
 9                  (v)  Any individual dog which has been found to
10             be a "dangerous dog" upon 3 separate occasions.
11        No dog shall be deemed "vicious" if it bites, attacks, or
12    menaces a trespasser on the property of its owner or harms or
13    menaces anyone who  has  tormented  or  abused  it  or  is  a
14    professionally  trained  dog  for  law  enforcement  or guard
15    duties.  Vicious dogs shall not be  classified  in  a  manner
16    that is specific as to breed.
17        If the burden of proof has been met, the court shall deem
18    the dog to be a vicious dog.
19        If  a  dog is found to be a vicious dog, the dog shall be
20    spayed or neutered within 10  days  of  the  finding  at  the
21    expense of its owner and microchipped, if not already, and is
22    subject  to enclosure.  A dog found to be a vicious dog shall
23    not be released to the  owner  until  the  Administrator,  an
24    Animal   Control   Warden,   or  the  Director  approves  the
25    enclosure.  No owner or keeper of a vicious dog shall sell or
26    give away the dog without court approval.  Whenever an  owner
27    of  a  vicious dog relocates, he or she shall notify both the
28    Administrator of County Animal Control where he  or  she  has
29    relocated  and  the  Administrator  of  County Animal Control
30    where he or she formerly resided.
31             (2)  "Dangerous dog" or "dangerous animal" means any
32        individual dog or animal  which  when  either  unmuzzled,
33        unleashed, or unattended by its owner, or a member of its
34        owner's  family,  in  a  vicious  or  terrorizing manner,
 
                            -16-     LRB093 04436 LCB 11574 a
 1        approaches any person in an apparent attitude  of  attack
 2        upon streets, sidewalks, or any public grounds or places.
 3             (3)  "Enclosure"  means  a  fence or structure of at
 4        least 6 feet in height, forming or causing  an  enclosure
 5        suitable  to  prevent  the  entry  of young children, and
 6        suitable to confine a vicious  dog  in  conjunction  with
 7        other measures which may be taken by the owner or keeper,
 8        such  as tethering of a vicious dog within the enclosure.
 9        Such enclosure shall be securely enclosed and locked  and
10        designed  with  secure sides, top and bottom and shall be
11        designed to prevent the animal  from  escaping  from  the
12        enclosure.
13             (4)  "Impounded" means taken into the custody of the
14        public pound in the city or town where the vicious dog is
15        found.
16             (5)  "Found  to  be  vicious dog" means (i) that the
17        Administrator,  an  Animal  Control  Warden,  or  a   law
18        enforcement  officer  has  conducted an investigation and
19        made a finding in writing that the dog is a  vicious  dog
20        as  defined in paragraph (1) of subsection (a) and, based
21        on that finding, the  Administrator,  an  Animal  Control
22        Warden,  or the Director has declared in writing that the
23        dog is a vicious dog or (ii) that the circuit  court  has
24        found the dog to be a vicious dog as defined in paragraph
25        (1)  of  subsection (a) and has entered an order based on
26        that finding.
27        (b)  It shall be unlawful  for  any  person  to  keep  or
28    maintain  any  dog  which  has been found to be a vicious dog
29    unless the such dog is at all times  kept  in  an  enclosure.
30    The  only  times that a vicious dog may be allowed out of the
31    enclosure are (1) if it is necessary for the owner or  keeper
32    to  obtain veterinary care for the dog, (2) in the case of an
33    emergency  or  natural  disaster  where  the  dog's  life  is
34    threatened, or (3) or (2) to comply with the order of a court
 
                            -17-     LRB093 04436 LCB 11574 a
 1    of competent jurisdiction, provided that the dog is  securely
 2    muzzled  and  restrained  with a leash chain having a tensile
 3    strength of 300 pounds and not exceeding 6 3 feet in  length,
 4    and  shall be under the direct control and supervision of the
 5    owner or keeper of the dog or muzzled in its residence.
 6        Any dog which has been found to  be  a  vicious  dog  and
 7    which  is  not confined to an enclosure shall be impounded by
 8    the Administrator, an  Animal  Control  Warden,  or  the  law
 9    enforcement  authority  having jurisdiction in such area. and
10    shall  be  turned  over  to  a  licensed   veterinarian   for
11    destruction by lethal injection.
12        If  the owner of the dog has not appealed the impoundment
13    order to the circuit court in the county in which the  animal
14    was  impounded  within  15  7  working  days,  the dog may be
15    euthanized humanely dispatched.  A dog found to be a  vicious
16    dog   shall   not   be   released  to  the  owner  until  the
17    Administrator, an Animal  Control  Warden,  or  the  Director
18    approves the enclosure as defined in this Section.
19        No  owner  or  keeper of a vicious dog shall sell or give
20    away the dog.
21        Upon filing a notice of appeal, the order  of  euthanasia
22    shall  be  automatically  stayed  pending  the outcome of the
23    appeal.   The  owner  shall  bear  the   burden   of   timely
24    notification to animal control in writing.
25        (c)  It  is  unlawful for any person to maintain a public
26    nuisance by permitting any dangerous dog or other  animal  to
27    leave  the  premises  of  its owner when not under control by
28    leash or other recognized control methods.
29        Guide dogs for the blind  or  hearing  impaired,  support
30    dogs  for  the  physically handicapped, and sentry, guard, or
31    police-owned dogs are exempt from this Section; provided,  an
32    attack  or  injury  to  a  person  occurs  while  the  dog is
33    performing duties as  expected.   To  qualify  for  exemption
34    under   this  Section,  each  such  dog  shall  be  currently
 
                            -18-     LRB093 04436 LCB 11574 a
 1    inoculated against rabies in accordance  with  Section  8  of
 2    this Act.  It shall be the duty of the owner of such exempted
 3    dog  to  notify  the Administrator of changes of address.  In
 4    the case of a sentry or guard dog, the owner shall  keep  the
 5    Administrator  advised of the location where such dog will be
 6    stationed.  The Administrator shall provide police  and  fire
 7    departments  with  a  categorized list of such exempted dogs,
 8    and shall promptly notify such  departments  of  any  address
 9    changes reported to him.
10        The  Administrator,  the State's Attorney, or any citizen
11    of the county in which a dangerous dog or other animal exists
12    may file a complaint in the name of the People of  the  State
13    of  Illinois  to  enjoin  all  persons  from  maintaining  or
14    permitting  such,  to abate the same, and to enjoin the owner
15    of such dog or other animal from permitting same to leave his
16    or her premises when not under  control  by  leash  or  other
17    recognized control methods.
18        Upon  the filing of a complaint in the circuit court, The
19    court, if satisfied that this nuisance may exist, shall grant
20    a preliminary injunction with bond  in  such  amount  as  the
21    court  may determine enjoining the defendant from maintaining
22    such  nuisance.   If  the  existence  of  the   nuisance   is
23    established,  the  owner of such dog or other animal shall be
24    in violation of this Act, and in addition,  the  court  shall
25    enter  an  order  restraining the owner from maintaining such
26    nuisance and shall may order  that  the  such  dog  or  other
27    animal be humanely dispatched.
28    (Source: P.A. 86-1460; 87-456.)

29        (510 ILCS 5/15.1 new)
30        Sec. 15.1.  Dangerous dog determination.
31        (a)  After  a  thorough investigation including: sending,
32    within 3 days of the Administrator or Director becoming aware
33    of the alleged infration, notifications to the owner  of  the
 
                            -19-     LRB093 04436 LCB 11574 a
 1    alleged  infractions,  the  fact  of  the  initiation  of  an
 2    investigation, and affording the owner an opportunity to meet
 3    with  the  Administrator or Director prior to the making of a
 4    determination;  gathering  of  any  medical   or   veterinary
 5    evidence;  interviewing  witnesses;  and  making  a  detailed
 6    written    report,   an   animal   control   warden,   deputy
 7    administrator,  or  law  enforcement  agent   may   ask   the
 8    Administrator,  or  his  or her designee, or the Director, to
 9    deem a dog to be "dangerous".   No  dog  shall  be  deemed  a
10    "dangerous  dog"  without clear and convincing evidence.  The
11    owner  shall  be   sent   immediate   notification   of   the
12    determination by registered or certified mail that includes a
13    complete description of the appeal process.
14        (b)  A  dog  shall  not  be  declared  dangerous  if  the
15    Administrator,  or  his  or  her  designee,  or  the Director
16    determines the conduct of the dog was justified because:
17                  (1) the threat was sustained by a person who at
18             the time was committing a crime or offense upon  the
19             owner or custodian of the dog;
20                  (2)   the  threatened  person  was  tormenting,
21             abusing, assaulting, or physically  threatening  the
22             dog or its offspring;
23                  (3)   the   injured,   threatened,   or  killed
24             companion animal was  attacking  or  threatening  to
25             attack the dog or its offspring; or
26                  (4) the dog was responding to pain or injury or
27             was  protecting  itself,  its owner, custodian, or a
28             member of its household, kennel, or offspring.
29        (c)  Testimony of  a  certified  applied  behaviorist,  a
30    board certified veterinary behaviorist, or another recognized
31    expert  may  be  relevant to the determination of whether the
32    dog's behavior was justified pursuant to  the  provisions  of
33    this Section.
34        (d)  If  deemed  dangerous,  the Administrator, or his or
 
                            -20-     LRB093 04436 LCB 11574 a
 1    her designee, or the Director  shall  order  the  dog  to  be
 2    spayed  or neutered within 14 days at the owner's expense and
 3    microchipped,  if  not  already,  and  one  or  more  of  the
 4    following as deemed appropriate under the  circumstances  and
 5    necessary for the protection of the public:
 6             (1)  evaluation  of  the  dog by a certified applied
 7        behaviorist, a board certified veterinary behaviorist, or
 8        another recognized expert in the field and completion  of
 9        training  or other treatment as deemed appropriate by the
10        expert. The owner of the dog shall be responsible for all
11        costs associated with evaluations  and  training  ordered
12        under this subsection; or
13             (2)  direct  supervision by an adult 18 years of age
14        or older whenever the animal is on public premises
15        (e)  The Administrator may order a dangerous  dog  to  be
16    muzzled  whenever  it  is on public premises in a manner that
17    will prevent it from biting any person or  animal,  but  that
18    shall  not  injure  the  dog  or interfere with its vision or
19    respiration.
20        (f)  Guide  dogs  for  the  blind  or  hearing  impaired,
21    support dogs for  the  physically  handicapped,  and  sentry,
22    guard,  or  police-owned  dogs  are exempt from this Section;
23    provided, an attack or injury to a person  occurs  while  the
24    dog  is  performing  duties  as  expected.   To  qualify  for
25    exemption   under  this  Section,  each  such  dog  shall  be
26    currently  inoculated  against  rabies  in  accordance   with
27    Section  8 of this Act and performing duties as expected.  It
28    shall be the duty of the owner of the exempted dog to  notify
29    the  Administrator  of  changes of address.  In the case of a
30    sentry or guard dog, the owner shall keep  the  Administrator
31    advised  of  the  location  where such dog will be stationed.
32    The Administrator shall provide police and  fire  departments
33    with  a  categorized  list  of  the  exempted dogs, and shall
34    promptly  notify  the  departments  of  any  address  changes
 
                            -21-     LRB093 04436 LCB 11574 a
 1    reported to him or her.

 2        (510 ILCS 5/15.2 new)
 3        Sec. 15.2.  Dangerous dogs; leash. It is unlawful for any
 4    person to knowingly or recklessly permit any dangerous dog to
 5    leave the premises of its owner when  not  under  control  by
 6    leash or other recognized control methods.

 7        (510 ILCS 5/15.3 new)
 8        Sec. 15.3.  Dangerous dog; appeal.
 9        (a)  The  owner  of  a  dog  found  to be a dangerous dog
10    pursuant to this Act by an Administrator may file a complaint
11    against the Administrator in the circuit court within 35 days
12    of receipt of notification of the  determination,  for  a  de
13    novo  hearing  on  the determination. The proceeding shall be
14    conducted as a civil hearing pursuant to the  Illinois  Rules
15    of  Evidence  and  the Code of Civil Procedure, including the
16    discovery provisions. After hearing both  parties'  evidence,
17    the  court  may  make a determination of dangerous dog if the
18    Administrator meets his or her burden of proof of  clear  and
19    convincing evidence. The final order of the circuit court may
20    be  appealed  pursuant to the civil appeals provisions of the
21    Illinois Supreme Court Rules.
22        (b)  The owner of a dog  found  to  be  a  dangerous  dog
23    pursuant  to  this Act by the Director may, within 14 days of
24    receipt of notification  of  the  determination,  request  an
25    administrative  hearing  to  appeal  the  determination.  The
26    administrative  hearing  shall  be  conducted pursuant to the
27    Department  of  Agriculture's  rules  applicable  to   formal
28    administrative proceedings, 8 Ill. Adm. Code Part 1, SubParts
29    A  and  B.  An owner desiring a hearing shall make his or her
30    request  for  a  hearing  to  the  Illinois   Department   of
31    Agriculture.   The   final  administrative  decision  of  the
32    Department may be reviewed judicially by the circuit court of
 
                            -22-     LRB093 04436 LCB 11574 a
 1    the county wherein the person resides or, in the  case  of  a
 2    corporation,  the  county  where  its  registered  office  is
 3    located.  If  the  plaintiff  in a review proceeding is not a
 4    resident of Illinois, the venue shall be in Sangamon  County.
 5    The   Administrative   Review  Law  and  all  amendments  and
 6    modifications thereof, and the rules adopted  thereto,  apply
 7    to  and  govern  all  proceedings  for the judicial review of
 8    final administrative decisions of the Department hereunder.
 9        (c)  Until the order has been reviewed and at  all  times
10    during  the  appeal  process, the owner shall comply with the
11    requirements set forth by the Administrator,  the  court,  or
12    the Director.
13        (d)  At  any  time  after a final order has been entered,
14    the owner may petition  the  circuit  court  to  reverse  the
15    designation of dangerous dog.

16        (510 ILCS 5/17) (from Ch. 8, par. 367)
17        Sec.  17.  For the purpose of carrying out the provisions
18    of  this  Act   and   making   inspections   hereunder,   the
19    Administrator,  or  his  or her authorized representative, or
20    any law enforcement officer of the law may enter upon private
21    premises, provided that the entry shall not be made into  any
22    building  that  is  a  person's  residence,  to  apprehend  a
23    straying  dog  or other animal, a dangerous or vicious dog or
24    other animal, or an a dog  or  other  animal  thought  to  be
25    infected  with  rabies. If, after request therefor, the owner
26    of the such dog or other animal shall refuse to  deliver  the
27    dog  or  other  animal  to the officer, the owner shall be in
28    violation of this Act.
29    (Source: P.A. 78-795.)

30        (510 ILCS 5/18) (from Ch. 8, par. 368)
31        Sec. 18. Any owner seeing his or her livestock,  poultry,
32    or  equidae  sheep,  goats,  cattle,  horses,  mules,  swine,
 
                            -23-     LRB093 04436 LCB 11574 a
 1    ratites,  or  poultry  being injured, wounded, or killed by a
 2    dog, not accompanied by or not under the supervision  of  its
 3    owner,  may  stop  the  attack  by any reasonable means.  The
 4    owner may  not  kill  the  dog  unless  there  is  conclusive
 5    evidence  that  his  or  her animals suffered severe physical
 6    injury or death because of the dog pursue and kill such dog.
 7    (Source: P.A. 88-600, eff. 9-1-94.)

 8        (510 ILCS 5/19) (from Ch. 8, par. 369)
 9        Sec. 19.  Any owner having livestock, poultry, or equidae
10    sheep, goats, cattle, horses, mules, swine, or poultry killed
11    or injured by a dog shall, according  to  the  provisions  of
12    this  Act  and  upon filing claim and making proper proof, be
13    entitled to receive reimbursement for such  losses  from  the
14    Animal  Control  Fund;  provided,  he or she is a resident of
15    this State and such injury or  killing  is  reported  to  the
16    Administrator  within  24  hours after such injury or killing
17    occurs, and he or she shall have appeared before a member  of
18    the  County  Board  of  the  county  in which such killing or
19    injury occurred and makes affidavit  stating  the  number  of
20    such  animals  or  poultry  killed  or injured, the amount of
21    damages and the owner of the  dog  causing  such  killing  or
22    injury, if known.  Members of the County Board are authorized
23    to administer oaths in such cases.
24        The   damages  referred  to  in  this  Section  shall  be
25    substantiated   by   the   Administrator    through    prompt
26    investigation  and  by not less than 2 witnesses who shall be
27    owners or life tenants of real property in  the  county.  The
28    Administrator member of the Board shall determine whether the
29    provisions  of  this  Section  have been met and shall keep a
30    record in each case of the names of the owners of the animals
31    or poultry, the amount of damages proven, and the  number  of
32    animals or poultry killed or injured.
33        The  Administrator  member  of  the  Board  shall  file a
 
                            -24-     LRB093 04436 LCB 11574 a
 1    written report with the County Treasurer as to the  right  of
 2    an  owner  of  livestock,  poultry,  or equidae sheep, goats,
 3    cattle, horses, mules, swine, or poultry to be  paid  out  of
 4    the  Animal  Control  Fund,  and  the  amount of such damages
 5    claimed.
 6        The County Treasurer shall, on the first Monday in  March
 7    of  each  calendar  year,  pay to the owner of the animals or
 8    poultry the amount of damages to which he or she is entitled.
 9    The county board, by ordinance, shall  establish  a  schedule
10    for  damages  reflecting the current market value. Unless the
11    county  board,  by  ordinance,  establishes  a  schedule  for
12    damages reflecting the reasonable market value;  the  damages
13    allowed  for  grade  animals  or poultry shall not exceed the
14    following amounts:
15        a.  For goats killed or injured, $30 per head.
16        b.  For cattle killed or injured, $300 per head.
17        c.  For horses or mules killed or injured, $200 per head.
18        d.  For swine killed or injured, $50 per head.
19        e.  For turkeys killed or injured, $5 per head.
20        f.  For sheep killed or injured, $30 per head.
21        g.  For all poultry, other than turkeys, $1 per head.
22    The maximum amounts hereinabove set forth  may  be  increased
23    50% for animals for which the owner can present a certificate
24    of   registry   of   the  appropriate  breed  association  or
25    organization.  However, if there is not sufficient  money  in
26    the  portion  of the fund set aside as stated in Section 7 to
27    pay all claims for damages in full, then the County Treasurer
28    shall pay to such owner of animals or poultry  his  pro  rata
29    share of the money available.
30        If  there  are  funds  in excess of amounts paid for such
31    claims for damage in that portion of the Animal Control  Fund
32    set  aside  for  this  purpose, this excess shall be used for
33    other costs of the program as set forth in this Act.
34    (Source: P.A. 84-551.)
 
                            -25-     LRB093 04436 LCB 11574 a
 1        (510 ILCS 5/22) (from Ch. 8, par. 372)
 2        Sec. 22.  The Department shall have  general  supervision
 3    of  the  administration  of  this Act and may make reasonable
 4    rules and regulations, not inconsistent with  this  Act,  for
 5    the   enforcement  of  this  Act  and  for  the  guidance  of
 6    Administrators, including revoking a license issued under the
 7    Animal Welfare Act for noncompliance with  any  provision  of
 8    this Act.
 9    (Source: P.A. 78-795.)

10        (510 ILCS 5/24) (from Ch. 8, par. 374)
11        Sec.  24.  Nothing  in this Act shall be held to limit in
12    any manner the power of any municipality or  other  political
13    subdivision  to  prohibit  animals from running at large, nor
14    shall anything in this Act be construed to,  in  any  manner,
15    limit  the  power  of  any  municipality  or  other political
16    subdivision to further control and  regulate  dogs,  cats  or
17    other   animals  in  such  municipality  or  other  political
18    subdivision provided  that  no  regulation  or  ordinance  is
19    specific  to  breed  including  a  requirement of inoculation
20    against rabies.
21    (Source: P.A. 82-783.)

22        (510 ILCS 5/26) (from Ch. 8, par. 376)
23        Sec. 26.  (a)  Any  person  violating  or  aiding  in  or
24    abetting  the  violation  of  any  provision  of this Act, or
25    counterfeiting or forging any certificate, permit, or tag, or
26    making  any  misrepresentation  in  regard  to   any   matter
27    prescribed   by  this  Act,  or  resisting,  obstructing,  or
28    impeding the  Administrator  or  any  authorized  officer  in
29    enforcing  this  Act,  or refusing to produce for inoculation
30    any dog in his possession not confined at  all  times  to  an
31    enclosed  area,  or who removes a tag from a dog for purposes
32    of destroying or concealing its  identity,  is  guilty  of  a
 
                            -26-     LRB093 04436 LCB 11574 a
 1    Class  C  misdemeanor  petty  offense  for  a first or second
 2    offense and shall be fined not less than $25  nor  more  than
 3    $200,  and for a third and subsequent offense, is guilty of a
 4    Class B C misdemeanor.
 5        Each day a person fails to comply constitutes a  separate
 6    offense.  Each  State's  Attorney  to  whom the Administrator
 7    reports any violation of this  Act  shall  cause  appropriate
 8    proceedings  to  be  instituted  in the proper courts without
 9    delay and to be prosecuted in the manner provided by law.
10        (b)  If the owner of a vicious dog subject to enclosure:
11             (1)  fails  to  maintain  or  keep  the  dog  in  an
12        enclosure or fails to spay or neuter the dog; and
13             (2)  the dog inflicts serious physical injury  great
14        bodily  harm, permanent disfigurement, permanent physical
15        disability upon any other person or causes the  death  of
16        another person; and
17             (3)  the  attack is unprovoked in a place where such
18        person is peaceably conducting  himself  or  herself  and
19        where such person may lawfully be;
20    the  owner shall be guilty of a Class 4 felony A misdemeanor,
21    unless the owner knowingly allowed the dog to run at large or
22    failed to take steps to keep the dog in an enclosure then the
23    owner shall be guilty of a Class  3  4  felony.  The  penalty
24    provided  in this paragraph shall be in addition to any other
25    criminal or civil sanction provided by law.
26        (c)  If the owner of a dangerous dog knowingly  fails  to
27    comply  with any order of the court regarding the dog and the
28    dog inflicts  serious  physical  injury  on  a  person  or  a
29    companion  animal,  the  owner  shall  be guilty of a Class A
30    misdemeanor.  If the owner of a dangerous dog knowingly fails
31    to comply with any order regarding the dog and the dog  kills
32    a person the owner shall be guilty of a Class 4 felony.
33    (Source: P.A. 87-456.)
 
                            -27-     LRB093 04436 LCB 11574 a
 1        (510 ILCS 5/16 rep.)
 2        Section   15.  The  Animal  Control  Act  is  amended  by
 3    repealing Section 16.

 4        Section 99.  Effective date.  This Act takes effect  upon
 5    becoming law.".