093_HB0184ham006











                                     LRB093 04436 LCB 13748 a

 1                     AMENDMENT TO HOUSE BILL 184

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

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

11        (510 ILCS 5/2.01) (from Ch. 8, par. 352.01)
12        Sec. 2.01.
13        "Administrator"  means  a  veterinarian  licensed  by the
14    State of Illinois and appointed pursuant to this Act,  or  in
15    the  event  a  veterinarian  cannot  be  found  and appointed
16    pursuant  to  this  Act,  a  non-veterinarian  may  serve  as
17    Administrator under this Act.  In the event the Administrator
18    is not a veterinarian, the Administrator shall defer  to  the
19    veterinarian regarding all medical decisions. his or her duly
20    authorized representative.
21    (Source: P.A. 78-795.)
 
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 1        (510 ILCS 5/2.02) (from Ch. 8, par. 352.02)
 2        Sec. 2.02.
 3        "Animal"  means  every  living creature any animal, other
 4    than man, which may be affected by rabies.
 5    (Source: P.A. 78-795.)

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

13        (510 ILCS 5/2.03a new)
14        Sec.  2.03a.  "Business  day"  means  any  day  including
15    holidays  that  the  animal  control  facility is open to the
16    public for animal reclaims.

17        (510 ILCS 5/2.04a new)
18        Sec.  2.04a.  "Cat"  means  all  members  of  the  family
19    Felidae.

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

26        (510 ILCS 5/2.05a new)
27        Sec. 2.05a. "Dangerous dog" means any individual dog when
28    unmuzzled, unleashed, or unattended by its owner or custodian
29    that  behaves  in  a  manner  that  a reasonable person would
 
                            -3-      LRB093 04436 LCB 13748 a
 1    believe poses a serious and unjustified  imminent  threat  of
 2    serious  physical  injury or death to a person or a companion
 3    animal in a public place.

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

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

23        (510 ILCS 5/2.11b new)
24        Sec.  2.11b.  "Feral cat" means a cat that (i) is born in
25    the wild or is the offspring of an owned or feral cat and  is
26    not socialized, or (ii) is a formerly owned cat that has been
27    abandoned and is no longer socialized or lives on a farm.

28        (510 ILCS 5/2.12a new)
29        Sec.  2.12a.  "Impounded" means taken into the custody of
30    the public animal control facility  in  the  city,  town,  or
 
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 1    county where the animal is found.

 2        (510 ILCS 5/2.16) (from Ch. 8, par. 352.16)
 3        Sec. 2.16.
 4        "Owner" means any person having a right of property in an
 5    a  dog  or  other animal, or who keeps or harbors an a dog or
 6    other animal, or who has it in  his  care,  or  acts  as  its
 7    custodian,  or  who knowingly permits a dog or other domestic
 8    animal to remain on or about any premise occupied by him.
 9    (Source: P.A. 78-795.)

10        (510 ILCS 5/2.17) (from Ch. 8, par. 352.17)
11        Sec. 2.17.
12        "Person" means any individual, person, firm, corporation,
13    partnership, society, association or other legal entity,  any
14    public   or  private  institution,  the  State  of  Illinois,
15    municipal corporation or political subdivision of the  State,
16    or any other business unit.
17    (Source: P.A. 78-795.)

18        (510 ILCS 5/2.17a new)
19        Sec.  2.17a.  "Peace officer" has the meaning ascribed to
20    it in Section 2-13 of the Criminal Code of 1961.

21        (510 ILCS 5/2.17b new)
22        Sec. 2.17b.  "Police animal" means  an  animal  owned  or
23    used  by a law enforcement department or agency in the course
24    of the department or agency's work.

25        (510 ILCS 5/2.18) (from Ch. 8, par. 352.18)
26        Sec. 2.18.  "Pound" or "animal control facility"  may  be
27    used  interchangeably and mean means any facility approved by
28    the Administrator for the purpose of enforcing this  Act  and
29    used  as a shelter for seized, stray, homeless, abandoned, or
 
                            -5-      LRB093 04436 LCB 13748 a
 1    unwanted dogs or other animals.
 2    (Source: P.A. 78-795.)

 3        (510 ILCS 5/2.18a new)
 4        Sec. 2.18a. "Physical injury"  means  the  impairment  of
 5    physical condition.

 6        (510 ILCS 5/2.19a new)
 7        Sec.  2.19a.  "Serious  physical injury" means a physical
 8    injury that creates a  substantial  risk  of  death  or  that
 9    causes death, serious or protracted disfigurement, protracted
10    impairment  of  health,  impairment  of  the  function of any
11    bodily organ, or plastic surgery.

12        (510 ILCS 5/2.19b new)
13        Sec. 2.19b.  "Vicious dog"  means  a  dog  that,  without
14    justification,  attacks  a person and causes serious physical
15    injury or death or any individual dog that has been found  to
16    be a "dangerous dog" upon 3 separate occasions.

17        (510 ILCS 5/3) (from Ch. 8, par. 353)
18        Sec.  3.   The  County Board Chairman with the advice and
19    consent  of  the  County   Board   shall   appoint   an,   as
20    Administrator,   a   veterinarian  licensed  by  this  State.
21    Appointments shall be made as necessary to keep this position
22    filled at all times. The Administrator may  appoint  as  many
23    Deputy  Administrators  and Animal Control Wardens to aid him
24    or her as authorized by the Board. The compensation  for  the
25    Administrator,  Deputy  Administrators,  and  Animal  Control
26    Wardens  shall  be fixed by the Board for services other than
27    for the rabies inoculation of  dogs  or  other  animals.  The
28    Administrator  may be removed from office by the County Board
29    Chairman, with the advice and consent of the County Board.
30        The Board shall provide  necessary  personnel,  training,
 
                            -6-      LRB093 04436 LCB 13748 a
 1    equipment, supplies, and facilities, and shall operate pounds
 2    or  contract  for  their operation as necessary to effectuate
 3    the program. The Board may enter into contracts or agreements
 4    with persons to assist in the operation of the program.
 5        The Board shall be empowered to utilize monies from their
 6    General Corporate Fund to effectuate the intent of this Act.
 7        The Board is  authorized  by  ordinance  to  require  the
 8    registration and microchipping of dogs and cats and shall may
 9    impose an individual animal and litter registration fee.  All
10    persons selling dogs or cats or keeping registries of dogs or
11    cats   shall   cooperate   and  provide  information  to  the
12    Administrator  as  required  by  Board  ordinance,  including
13    sales, number of litters, and ownership of dogs and cats.  If
14    microchips are required, the microchip number shall serve  as
15    the county animal control registration number. All microchips
16    shall have an operating frequency of 125 kilohertz.
17        In  obtaining information required to implement this Act,
18    the Department shall have power to subpoena and bring  before
19    it  any  person  in  this  State and to take testimony either
20    orally or by deposition, or both,  with  the  same  fees  and
21    mileage and in the same manner as prescribed by law for civil
22    cases in courts of this State.
23        The Director, and any member of the Board shall each have
24    power  to  administer oaths to witnesses at any hearing which
25    the Department is authorized by law to conduct, and any other
26    oaths required or authorized in any Act administered  by  the
27    Department.
28        This Section does not apply to feral cats.
29    (Source: P.A. 87-157.)

30        (510 ILCS 5/5) (from Ch. 8, par. 355)
31        Sec. 5. Duties and powers.
32        (a)  It  shall  be  the  duty of the Administrator or the
33    Deputy   Administrator,   through    sterilization,    humane
 
                            -7-      LRB093 04436 LCB 13748 a
 1    education,  rabies  inoculation,  stray control, impoundment,
 2    quarantine, and any other means deemed necessary, to  control
 3    and  prevent  the  spread  of  rabies  in  his  county and to
 4    exercise dog and cat overpopulation control.  It  shall  also
 5    be   the   duty  of  the  Administrator  to  investigate  and
 6    substantiate all claims made under Section 19 of this Act.
 7        (b)  Counties may by ordinance determine  the  extent  of
 8    the police powers that may be exercised by the Administrator,
 9    Deputy  Administrators,  and  Animal  Control  Wardens, which
10    powers shall pertain only to this  Act.   The  Administrator,
11    Deputy  Administrators,  and Animal Control Wardens may issue
12    and serve citations and orders for violations  of  this  Act.
13    The  Administrator, Deputy Administrators, and Animal Control
14    Wardens  may  not  carry  weapons  unless  they   have   been
15    specifically authorized to carry weapons by county ordinance.
16    Animal  Control  Wardens,  however, may use tranquilizer guns
17    and other nonlethal weapons and  equipment  without  specific
18    weapons authorization.
19        A person authorized to carry firearms by county ordinance
20    under this subsection must have completed the training course
21    for  peace  officers  prescribed in the Peace Officer Firearm
22    Training Act.  The cost of this training shall be paid by the
23    county.
24        (c)  The sheriff and all sheriff's deputies and municipal
25    police officers shall cooperate with  the  Administrator  and
26    his  or her representatives in carrying out the provisions of
27    this Act.
28    (Source: P.A. 90-385, eff. 8-15-97.)

29        (510 ILCS 5/7.1) (from Ch. 8, par. 357.1)
30        Sec. 7.1.  In addition to any  other  fees  provided  for
31    under  this  Act,  any county may charge a reasonable fee for
32    the  pickup  and  disposal  of  dead  animals  from   private
33    for-profit animal hospitals.  This fee shall be sufficient to
 
                            -8-      LRB093 04436 LCB 13748 a
 1    cover the costs of pickup and delivery and shall be deposited
 2    in the county's animal control general fund.
 3    (Source: P.A. 80-972.)

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

31        (510 ILCS 5/9) (from Ch. 8, par. 359)
32        Sec. 9.
 
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 1        Any  dog found running at large contrary to provisions of
 2    this Act may shall be apprehended  and  impounded.  For  this
 3    purpose,  the  Administrator  shall  utilize  any existing or
 4    available animal control facility public pound.
 5    (Source: P.A. 78-795.)

 6        (510 ILCS 5/10) (from Ch. 8, par. 360)
 7        Sec. 10.  When dogs or cats are apprehended and impounded
 8    by the Administrator, they must be scanned for  the  presence
 9    of   a   microchip.    The  Administrator  shall  make  every
10    reasonable attempt to contact the owner as soon as  possible.
11    The  Administrator  he  shall  give notice of not less than 7
12    business days to the owner prior to disposal of  the  animal,
13    if  known.  Such  notice  shall  be  mailed to the last known
14    address of the  owner.  An  affidavit  or  Testimony  of  the
15    Administrator, or his or her authorized agent, who mails such
16    notice  shall  be prima facie evidence of the receipt of such
17    notice by the owner of the animal such dog. In case the owner
18    of any impounded  dog  or  cat  desires  to  make  redemption
19    thereof, he or she may do so on the following conditions:
20        a.   present  proof  of  current  rabies inoculation, and
21    registration, if applicable, or
22        b.  pay for the rabies inoculation of the dog or cat, and
23    registration, if applicable, and
24        c.  pay the pound for the board of the dog or cat for the
25    period it was impounded, and
26        d.  pay  into  the  Animal  Control  Fund  an  additional
27    impoundment fee as prescribed by the Board as a  penalty  for
28    the first offense and for each subsequent offense; and.
29        e.  pay for microchipping and registration if not already
30    done.
31        Animal  control  facilities that are open to the public 7
32    days per week for animal  reclamation  are  exempt  from  the
33    business day requirement.
 
                            -10-     LRB093 04436 LCB 13748 a
 1        This  shall be in addition to any other penalties invoked
 2    under this Act.
 3    (Source: P.A. 83-711.)

 4        (510 ILCS 5/11) (from Ch. 8, par. 361)
 5        Sec. 11.  When not redeemed by the owner, a  dog  or  cat
 6    that  has  been  impounded  for  failure to be inoculated and
 7    registered, if applicable, in accordance with the  provisions
 8    of  this  Act  or  a  cat  that  has  been impounded shall be
 9    humanely dispatched pursuant  to  the  Humane  Euthanasia  in
10    Animal  Shelters Act or offered for adoption. An animal pound
11    or animal shelter shall not release any dog or cat  when  not
12    redeemed  by  the owner unless the animal has been surgically
13    rendered incapable of reproduction by  spaying  or  neutering
14    and  microchipped,  or  the person wishing to adopt an animal
15    prior to the surgical procedures having been performed  shall
16    have  executed  a  written  agreement  promising to have such
17    service  performed,   including   microchipping,   within   a
18    specified  period  of time not to exceed 30 60 days.  Failure
19    to fulfill the terms of the agreement shall result in seizure
20    and impoundment of the animal by the animal pound or shelter,
21    and any monies which have been deposited shall be  forfeited.
22    This  Act shall not prevent humane societies from engaging in
23    activities set forth by their charters;  provided,  they  are
24    not  inconsistent  with  provisions  of  this  Act  and other
25    existing laws. No animal shelter or animal  control  facility
26    shall  release  dogs  or cats to an individual representing a
27    rescue group unless  the  group  has  been  licensed  by  the
28    Illinois  Department  of  Agriculture  or  incorporated  as a
29    not-for-profit organization.  The Department may  suspend  or
30    revoke  the  license  of any animal shelter or animal control
31    facility that fails to comply with the requirements set forth
32    in this Section Any person purchasing or adopting  such  dog,
33    with  or  without charge or donation, must pay for the rabies
 
                            -11-     LRB093 04436 LCB 13748 a
 1    inoculation of such dog and registration if applicable.
 2    (Source: P.A. 92-449, eff. 1-1-02.)

 3        (510 ILCS 5/12) (from Ch. 8, par. 362)
 4        Sec. 12.  The owner of any  dog  or  other  animal  which
 5    exhibits  clinical  signs  of rabies, whether or not the such
 6    dog or other animal has been inoculated against rabies, shall
 7    immediately notify the Administrator or, if the Administrator
 8    is not a veterinarian, the Deputy  Administrator,  and  shall
 9    promptly  confine  the  such  dog or other animal, or have it
10    confined, under suitable observation,  for  a  period  of  at
11    least   10   days,   unless   officially  authorized  by  the
12    Administrator or, if the Administrator is not a veterinarian,
13    the Deputy Administrator, in writing, to release  it  sooner.
14    Any  dog  or other animal that has had in direct contact with
15    the such dog or other animal and that,  whether  or  not  the
16    exposed  dog  or other animal has not been inoculated against
17    rabies, shall be confined as recommended by the Administrator
18    or, if the Administrator is not a  veterinarian,  the  Deputy
19    Administrator.
20    (Source: P.A. 78-795.)

21        (510 ILCS 5/13) (from Ch. 8, par. 363)
22        Sec.  13.  Dog  or  other  animal  bites;  observation of
23    animal.
24        (a)  Except as otherwise provided in  subsection  (b)  of
25    this Section, when the Administrator or, if the Administrator
26    is  not  a  veterinarian,  the  Deputy Administrator receives
27    information that any person has been bitten by an  a  dog  or
28    other  animal,  the Administrator or, if the Administrator is
29    not a veterinarian, the Deputy Administrator, or his  or  her
30    authorized  representative,  shall  have  such  dog  or other
31    animal  confined  under  the  observation   of   a   licensed
32    veterinarian for a period of 10 days.  The Department may, by
 
                            -12-     LRB093 04436 LCB 13748 a
 1    regulation, permit such confinement to be reduced to a period
 2    of  less  than 10 days.  A Such veterinarian shall report the
 3    clinical condition of the dog or  other  animal  immediately,
 4    with  confirmation in writing to the Administrator or, if the
 5    Administrator is not a veterinarian, the Deputy Administrator
 6    within 24 hours after the dog or other  animal  is  presented
 7    for  examination,  giving the owner's name, address, the date
 8    of confinement, the breed, description, age, and sex  of  the
 9    such  dog  or  other  animal, and whether the animal has been
10    spayed or neutered, on  appropriate  forms  approved  by  the
11    Department.   The  Administrator  or, if the Administrator is
12    not a veterinarian, the Deputy Administrator shall notify the
13    attending physician or responsible health agency.  At the end
14    of the confinement period, the veterinarian  shall  submit  a
15    written  report to the Administrator or, if the Administrator
16    is not a veterinarian, the Deputy Administrator advising  him
17    or  her  of  the  final  disposition of the such dog or other
18    animal on appropriate forms approved by the Department.  When
19    evidence is presented that the such dog or other  animal  was
20    inoculated  against rabies within the time prescribed by law,
21    it shall may be confined in a the house of its owner, or in a
22    manner which will prohibit it from biting any  person  for  a
23    period   of   10  days,  if  the  Administrator,  a  licensed
24    veterinarian or other licensed  veterinarian,  adjudges  such
25    confinement satisfactory.  The Department may, by regulation,
26    permit  such  confinement  to  be reduced to a period of less
27    than 10 days.  At the end of the confinement period, the such
28    dog or other animal shall be examined by a the Administrator,
29    or another licensed veterinarian.
30        It is unlawful for Any person having knowledge  that  any
31    person  has  been bitten by an a dog or other animal shall to
32    refuse to notify the Administrator or, if  the  Administrator
33    is not a veterinarian, the Deputy Administrator promptly.  It
34    is  unlawful for the owner of the such dog or other animal to
 
                            -13-     LRB093 04436 LCB 13748 a
 1    euthanize, sell, give away, or otherwise dispose of any  such
 2    dog  or  other animal known to have bitten a person, until it
 3    is released by the Administrator or, if the Administrator  is
 4    not  a  veterinarian, the Deputy Administrator, or his or her
 5    authorized representative.  It is unlawful for the  owner  of
 6    the such dog or other animal to refuse or fail to comply with
 7    the  reasonable  written  or printed instructions made by the
 8    Administrator or, if the Administrator is not a veterinarian,
 9    the Deputy Administrator, or his  authorized  representative.
10    If  such  instructions  cannot  be  delivered in person, they
11    shall be mailed to the owner of the such dog or other  animal
12    by regular mail, postage prepaid.  The affidavit or testimony
13    of  the  Administrator,  or  his  authorized  representative,
14    delivering  or  mailing  such  instructions  is  prima  facie
15    evidence  that  the  owner  of  such  dog or other animal was
16    notified of his responsibilities.  Any  expense  incurred  in
17    the handling of an any dog or other animal under this Section
18    and Section 12 shall be borne by the owner.
19        (b)  When  a  person has been bitten by a police dog, the
20    police dog may continue to perform its duties for  the  peace
21    officer   or   law  enforcement  agency  and  any  period  of
22    observation of the police dog may be under the supervision of
23    a peace officer. The supervision shall  consist  of  the  dog
24    being locked in a kennel, performing its official duties in a
25    police  vehicle,  or remaining under the constant supervision
26    of its police handler.
27        (c)  For the purpose of this Section:
28        "Immediately" means by telephone, in person, or by  other
29    than use of the mail.
30        "Law  enforcement agency" means an agency of the State or
31    a unit of local government that is vested by law or ordinance
32    with the  duty  to  maintain  public  order  and  to  enforce
33    criminal laws or ordinances.
34        "Peace officer" has the meaning ascribed to it in Section
 
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 1    2-13 of the Criminal Code of 1961.
 2        "Police dog" means a dog trained to assist peace officers
 3    in their law enforcement duties.
 4    (Source: P.A. 89-576, eff. 1-1-97.)

 5        (510 ILCS 5/15) (from Ch. 8, par. 365)
 6        Sec. 15. (a) In order to have a dog deemed "vicious", the
 7    Administrator,  Deputy  Administrator, animal control warden,
 8    or law enforcement officer must give notice of the infraction
 9    that is the basis of the investigation to the owner,  conduct
10    a  thorough investigation, interview any witnesses, including
11    the owner, gather any existing  medical  records,  veterinary
12    medical  records  or behavioral evidence, and make a detailed
13    report recommending a finding that the dog is a  vicious  dog
14    and  give  the report to the States Attorney's Office and the
15    owner. The Administrator, State's Attorney, Director  or  any
16    citizen  of  the  county  in  which the dog exists may file a
17    complaint in the circuit court in the name of the  People  of
18    the  State  of  Illinois  to  deem a dog to be a vicious dog.
19    Testimony  of  a  certified  applied  behaviorist,  a   board
20    certified   veterinary  behaviorist,  or  another  recognized
21    expert may  be  relevant  to  the  court's  determination  of
22    whether the dog's behavior was justified. The petitioner must
23    prove  the  dog  is  a  vicious  dog  by clear and convincing
24    evidence.  The Administrator shall determine where the animal
25    shall be confined during the pendency of the case.
26        A  dog  shall  not  be  declared  vicious  if  the  court
27    determines the conduct of the dog was justified because:
28             (1) the threat, injury, or death was sustained by  a
29        person  who at the time was committing a crime or offense
30        upon the owner or custodian  of  the  dog,  or  upon  the
31        property of the owner or custodian of the dog;
32             (2)  the  injured,  threatened, or killed person was
33        tormenting,   abusing,    assaulting,    or    physically
 
                            -15-     LRB093 04436 LCB 13748 a
 1        threatening  the dog or its offspring, or has in the past
 2        tormented, abused, assaulted,  or  physically  threatened
 3        the dog or its offspring; or
 4             (3) the dog was responding to pain or injury, or was
 5        protecting itself, its owner, custodian, or member of its
 6        household,  kennel,  or  offspring.  For purposes of this
 7        Section:
 8             (1)  "Vicious dog" means
 9                  (i)  Any individual dog  that  when  unprovoked
10             inflicts  bites  or  attacks  a human being or other
11             animal either on public or private property.
12                  (ii)  Any   individual   dog   with   a   known
13             propensity,  tendency  or  disposition   to   attack
14             without provocation, to cause injury or to otherwise
15             endanger  the  safety  of  human  beings or domestic
16             animals.
17                  (iii) Any individual dog that has as a trait or
18             characteristic and a generally known reputation  for
19             viciousness,  dangerousness  or  unprovoked  attacks
20             upon  human  beings or other animals, unless handled
21             in a particular manner or with special equipment.
22                  (iv)  Any individual dog which attacks a  human
23             being or domestic animal without provocation.
24                  (v)  Any individual dog which has been found to
25             be a "dangerous dog" upon 3 separate occasions.
26        No dog shall be deemed "vicious" if it bites, attacks, or
27    menaces a trespasser on the property of its owner or harms or
28    menaces  anyone  who  has  tormented  or  abused  it  or is a
29    professionally trained  dog  for  law  enforcement  or  guard
30    duties.   Vicious  dogs  shall  not be classified in a manner
31    that is specific as to breed.
32        If the burden of proof has been met, the court shall deem
33    the dog to be a vicious dog.
34        If a dog is found to be a vicious dog, the dog  shall  be
 
                            -16-     LRB093 04436 LCB 13748 a
 1    spayed  or  neutered  within  10  days  of the finding at the
 2    expense of its owner and microchipped, if not already, and is
 3    subject to enclosure.  A dog found to be a vicious dog  shall
 4    not  be  released  to  the  owner until the Administrator, an
 5    Animal  Control  Warden,  or  the   Director   approves   the
 6    enclosure.  No owner or keeper of a vicious dog shall sell or
 7    give  away the dog without court approval.  Whenever an owner
 8    of a vicious dog relocates, he or she shall notify  both  the
 9    Administrator  of  County  Animal Control where he or she has
10    relocated and the  Administrator  of  County  Animal  Control
11    where he or she formerly resided.
12             (2)  "Dangerous dog" or "dangerous animal" means any
13        individual  dog  or  animal  which when either unmuzzled,
14        unleashed, or unattended by its owner, or a member of its
15        owner's family,  in  a  vicious  or  terrorizing  manner,
16        approaches  any  person in an apparent attitude of attack
17        upon streets, sidewalks, or any public grounds or places.
18             (3)  "Enclosure" means a fence or  structure  of  at
19        least  6  feet in height, forming or causing an enclosure
20        suitable to prevent the  entry  of  young  children,  and
21        suitable  to  confine  a  vicious dog in conjunction with
22        other measures which may be taken by the owner or keeper,
23        such as tethering of a vicious dog within the  enclosure.
24        Such  enclosure shall be securely enclosed and locked and
25        designed with secure sides, top and bottom and  shall  be
26        designed  to  prevent  the  animal from escaping from the
27        enclosure.
28             (4)  "Impounded" means taken into the custody of the
29        public pound in the city or town where the vicious dog is
30        found.
31             (5)  "Found to be vicious dog" means  (i)  that  the
32        Administrator,   an  Animal  Control  Warden,  or  a  law
33        enforcement officer has conducted  an  investigation  and
34        made  a  finding in writing that the dog is a vicious dog
 
                            -17-     LRB093 04436 LCB 13748 a
 1        as defined in paragraph (1) of subsection (a) and,  based
 2        on  that  finding,  the  Administrator, an Animal Control
 3        Warden, or the Director has declared in writing that  the
 4        dog  is  a vicious dog or (ii) that the circuit court has
 5        found the dog to be a vicious dog as defined in paragraph
 6        (1) of subsection (a) and has entered an order  based  on
 7        that finding.
 8        (b)  It  shall  be  unlawful  for  any  person to keep or
 9    maintain any dog which has been found to  be  a  vicious  dog
10    unless  the  such  dog  is at all times kept in an enclosure.
11    The only times that a vicious dog may be allowed out  of  the
12    enclosure  are (1) if it is necessary for the owner or keeper
13    to obtain veterinary care for the dog, (2) in the case of  an
14    emergency  or  natural  disaster  where  the  dog's  life  is
15    threatened, or (3) or (2) to comply with the order of a court
16    of  competent jurisdiction, provided that the dog is securely
17    muzzled and restrained with a leash chain  having  a  tensile
18    strength  of 300 pounds and not exceeding 6 3 feet in length,
19    and shall be under the direct control and supervision of  the
20    owner or keeper of the dog or muzzled in its residence.
21        Any  dog  which  has  been  found to be a vicious dog and
22    which is not confined to an enclosure shall be  impounded  by
23    the  Administrator,  an  Animal  Control  Warden,  or the law
24    enforcement authority having jurisdiction in such  area.  and
25    shall   be   turned  over  to  a  licensed  veterinarian  for
26    destruction by lethal injection.
27        If the owner of the dog has not appealed the  impoundment
28    order  to the circuit court in the county in which the animal
29    was impounded within 15  7  working  days,  the  dog  may  be
30    euthanized  humanely dispatched.  A dog found to be a vicious
31    dog  shall  not  be  released  to   the   owner   until   the
32    Administrator,  an  Animal  Control  Warden,  or the Director
33    approves the enclosure as defined in this Section.
34        No owner or keeper of a vicious dog shall  sell  or  give
 
                            -18-     LRB093 04436 LCB 13748 a
 1    away the dog.
 2        Upon  filing  a notice of appeal, the order of euthanasia
 3    shall be automatically stayed  pending  the  outcome  of  the
 4    appeal.    The   owner   shall  bear  the  burden  of  timely
 5    notification to animal control in writing.
 6        (c)  It is unlawful for any person to maintain  a  public
 7    nuisance  by  permitting any dangerous dog or other animal to
 8    leave the premises of its owner when  not  under  control  by
 9    leash or other recognized control methods.
10        Guide  dogs  for  the  blind or hearing impaired, support
11    dogs for the physically handicapped, and  sentry,  guard,  or
12    police-owned  dogs are exempt from this Section; provided, an
13    attack or  injury  to  a  person  occurs  while  the  dog  is
14    performing  duties  as  expected.   To  qualify for exemption
15    under  this  Section,  each  such  dog  shall  be   currently
16    inoculated  against  rabies  in  accordance with Section 8 of
17    this Act.  It shall be the duty of the owner of such exempted
18    dog to notify the Administrator of changes  of  address.   In
19    the  case  of a sentry or guard dog, the owner shall keep the
20    Administrator advised of the location where such dog will  be
21    stationed.   The  Administrator shall provide police and fire
22    departments with a categorized list of  such  exempted  dogs,
23    and  shall  promptly  notify  such departments of any address
24    changes reported to him.
25        The Administrator, the State's Attorney, or  any  citizen
26    of the county in which a dangerous dog or other animal exists
27    may  file  a complaint in the name of the People of the State
28    of  Illinois  to  enjoin  all  persons  from  maintaining  or
29    permitting such, to abate the same, and to enjoin  the  owner
30    of such dog or other animal from permitting same to leave his
31    or  her  premises  when  not  under control by leash or other
32    recognized control methods.
33        Upon the filing of a complaint in the circuit court,  The
34    court, if satisfied that this nuisance may exist, shall grant
 
                            -19-     LRB093 04436 LCB 13748 a
 1    a  preliminary  injunction  with  bond  in such amount as the
 2    court may determine enjoining the defendant from  maintaining
 3    such   nuisance.    If  the  existence  of  the  nuisance  is
 4    established, the owner of such dog or other animal  shall  be
 5    in  violation  of  this Act, and in addition, the court shall
 6    enter an order restraining the owner  from  maintaining  such
 7    nuisance  and  shall  may  order  that  the such dog or other
 8    animal be humanely dispatched.
 9    (Source: P.A. 86-1460; 87-456.)

10        (510 ILCS 5/15.1 new)
11        Sec. 15.1.  Dangerous dog determination.
12        (a)  After a thorough investigation  including:  sending,
13    within 3 days of the Administrator or Director becoming aware
14    of  the  alleged infration, notifications to the owner of the
15    alleged  infractions,  the  fact  of  the  initiation  of  an
16    investigation, and affording the owner an opportunity to meet
17    with the Administrator or Director prior to the making  of  a
18    determination;   gathering   of  any  medical  or  veterinary
19    evidence;  interviewing  witnesses;  and  making  a  detailed
20    written   report,   an   animal   control   warden,    deputy
21    administrator,   or   law   enforcement  agent  may  ask  the
22    Administrator, or his or her designee, or  the  Director,  to
23    deem  a  dog  to  be  "dangerous".   No dog shall be deemed a
24    "dangerous dog" without clear and convincing  evidence.   The
25    owner   shall   be   sent   immediate   notification  of  the
26    determination by registered or certified mail that includes a
27    complete description of the appeal process.
28        (b)  A  dog  shall  not  be  declared  dangerous  if  the
29    Administrator, or  his  or  her  designee,  or  the  Director
30    determines the conduct of the dog was justified because:
31                  (1) the threat was sustained by a person who at
32             the  time was committing a crime or offense upon the
33             owner or custodian of the dog;
 
                            -20-     LRB093 04436 LCB 13748 a
 1                  (2)  the  threatened  person  was   tormenting,
 2             abusing,  assaulting,  or physically threatening the
 3             dog or its offspring;
 4                  (3)  the   injured,   threatened,   or   killed
 5             companion  animal  was  attacking  or threatening to
 6             attack the dog or its offspring; or
 7                  (4) the dog was responding to pain or injury or
 8             was protecting itself, its owner,  custodian,  or  a
 9             member of its household, kennel, or offspring.
10        (c)  Testimony  of  a  certified  applied  behaviorist, a
11    board certified veterinary behaviorist, or another recognized
12    expert may be relevant to the determination  of  whether  the
13    dog's  behavior  was  justified pursuant to the provisions of
14    this Section.
15        (d)  If deemed dangerous, the Administrator,  or  his  or
16    her  designee,  or  the  Director  shall  order the dog to be
17    spayed or neutered within 14 days at the owner's expense  and
18    microchipped,  if  not  already,  and  one  or  more  of  the
19    following  as  deemed appropriate under the circumstances and
20    necessary for the protection of the public:
21             (1) evaluation of the dog  by  a  certified  applied
22        behaviorist, a board certified veterinary behaviorist, or
23        another  recognized expert in the field and completion of
24        training or other treatment as deemed appropriate by  the
25        expert. The owner of the dog shall be responsible for all
26        costs  associated  with  evaluations and training ordered
27        under this subsection; or
28             (2) direct supervision by an adult 18 years  of  age
29        or older whenever the animal is on public premises
30        (e)  The  Administrator  may  order a dangerous dog to be
31    muzzled whenever it is on public premises in  a  manner  that
32    will  prevent  it  from biting any person or animal, but that
33    shall not injure the dog or  interfere  with  its  vision  or
34    respiration.
 
                            -21-     LRB093 04436 LCB 13748 a
 1        (f)  Guide  dogs  for  the  blind  or  hearing  impaired,
 2    support  dogs  for  the  physically  handicapped, and sentry,
 3    guard, or police-owned dogs are  exempt  from  this  Section;
 4    provided,  an  attack  or injury to a person occurs while the
 5    dog  is  performing  duties  as  expected.   To  qualify  for
 6    exemption  under  this  Section,  each  such  dog  shall   be
 7    currently   inoculated  against  rabies  in  accordance  with
 8    Section 8 of this Act and performing duties as expected.   It
 9    shall  be the duty of the owner of the exempted dog to notify
10    the Administrator of changes of address.  In the  case  of  a
11    sentry  or  guard dog, the owner shall keep the Administrator
12    advised of the location where such  dog  will  be  stationed.
13    The  Administrator  shall provide police and fire departments
14    with a categorized list  of  the  exempted  dogs,  and  shall
15    promptly  notify  the  departments  of  any  address  changes
16    reported to him or her.

17        (510 ILCS 5/15.2 new)
18        Sec. 15.2.  Dangerous dogs; leash. It is unlawful for any
19    person to knowingly or recklessly permit any dangerous dog to
20    leave  the  premises  of  its owner when not under control by
21    leash or other recognized control methods.

22        (510 ILCS 5/15.3 new)
23        Sec. 15.3.  Dangerous dog; appeal.
24        (a)  The owner of a dog  found  to  be  a  dangerous  dog
25    pursuant to this Act by an Administrator may file a complaint
26    against the Administrator in the circuit court within 35 days
27    of  receipt  of  notification  of the determination, for a de
28    novo hearing on the determination. The  proceeding  shall  be
29    conducted  as  a civil hearing pursuant to the Illinois Rules
30    of Evidence and the Code of Civil  Procedure,  including  the
31    discovery  provisions.  After hearing both parties' evidence,
32    the court may make a determination of dangerous  dog  if  the
 
                            -22-     LRB093 04436 LCB 13748 a
 1    Administrator  meets  his or her burden of proof of clear and
 2    convincing evidence. The final order of the circuit court may
 3    be appealed pursuant to the civil appeals provisions  of  the
 4    Illinois Supreme Court Rules.
 5        (b)  The  owner  of  a  dog  found  to be a dangerous dog
 6    pursuant to this Act by the Director may, within 14  days  of
 7    receipt  of  notification  of  the  determination, request an
 8    administrative  hearing  to  appeal  the  determination.  The
 9    administrative hearing shall be  conducted  pursuant  to  the
10    Department   of  Agriculture's  rules  applicable  to  formal
11    administrative proceedings, 8 Ill. Adm. Code Part 1, SubParts
12    A and B.  An owner desiring a hearing shall make his  or  her
13    request   for   a  hearing  to  the  Illinois  Department  of
14    Agriculture.  The  final  administrative  decision   of   the
15    Department may be reviewed judicially by the circuit court of
16    the  county  wherein  the person resides or, in the case of a
17    corporation,  the  county  where  its  registered  office  is
18    located. If the plaintiff in a review  proceeding  is  not  a
19    resident  of Illinois, the venue shall be in Sangamon County.
20    The  Administrative  Review  Law  and  all   amendments   and
21    modifications  thereof,  and the rules adopted thereto, apply
22    to and govern all proceedings  for  the  judicial  review  of
23    final administrative decisions of the Department hereunder.
24        (c)  Until  the  order has been reviewed and at all times
25    during the appeal process, the owner shall  comply  with  the
26    requirements  set  forth  by the Administrator, the court, or
27    the Director.
28        (d)  At any time after a final order  has  been  entered,
29    the  owner  may  petition  the  circuit  court to reverse the
30    designation of dangerous dog.

31        (510 ILCS 5/16.5 new)
32        Sec. 16.5.  Expenses  of  microchipping.   A  clinic  for
33    microchipping companion animals of county residents should be
 
                            -23-     LRB093 04436 LCB 13748 a
 1    conducted  at  least  once  a year under the direction of the
 2    Administrator or, if the Administrator is not a veterinarian,
 3    the Deputy Administrator  at  the  animal  control  facility,
 4    animal  shelter, or other central location within the county.
 5    The maximum amount that can be charged for  microchipping  an
 6    animal  at  this  clinic  shall be $15.  Funds generated from
 7    this clinic shall be deposited in the county's animal control
 8    fund.

 9        (510 ILCS 5/17) (from Ch. 8, par. 367)
10        Sec. 17.  For the purpose of carrying out the  provisions
11    of   this   Act   and   making   inspections  hereunder,  the
12    Administrator, or his or her  authorized  representative,  or
13    any law enforcement officer of the law may enter upon private
14    premises,  provided that the entry shall not be made into any
15    building  that  is  a  person's  residence,  to  apprehend  a
16    straying dog or other animal, a dangerous or vicious  dog  or
17    other  animal,  or  an  a  dog  or other animal thought to be
18    infected with rabies. If, after request therefor,  the  owner
19    of  the  such dog or other animal shall refuse to deliver the
20    dog or other animal to the officer, the  owner  shall  be  in
21    violation of this Act.
22    (Source: P.A. 78-795.)

23        (510 ILCS 5/18) (from Ch. 8, par. 368)
24        Sec.  18. Any owner seeing his or her livestock, poultry,
25    or  equidae  sheep,  goats,  cattle,  horses,  mules,  swine,
26    ratites, or poultry being injured, wounded, or  killed  by  a
27    dog,  not  accompanied by or not under the supervision of its
28    owner, may stop the attack  by  any  reasonable  means.   The
29    owner  may  not  kill  the  dog  unless  there  is conclusive
30    evidence that his or her  animals  suffered  severe  physical
31    injury or death because of the dog pursue and kill such dog.
32    (Source: P.A. 88-600, eff. 9-1-94.)
 
                            -24-     LRB093 04436 LCB 13748 a
 1        (510 ILCS 5/19) (from Ch. 8, par. 369)
 2        Sec. 19.  Any owner having livestock, poultry, or equidae
 3    sheep, goats, cattle, horses, mules, swine, or poultry killed
 4    or  injured  by  a  dog shall, according to the provisions of
 5    this Act and upon filing claim and making  proper  proof,  be
 6    entitled  to  receive  reimbursement for such losses from the
 7    Animal Control Fund; provided, he or she  is  a  resident  of
 8    this  State  and  such  injury  or killing is reported to the
 9    Administrator within 24 hours after such  injury  or  killing
10    occurs,  and he or she shall have appeared before a member of
11    the County Board of the  county  in  which  such  killing  or
12    injury  occurred  and  makes  affidavit stating the number of
13    such animals or poultry killed  or  injured,  the  amount  of
14    damages  and  the  owner  of  the dog causing such killing or
15    injury, if known.  Members of the County Board are authorized
16    to administer oaths in such cases.
17        The  damages  referred  to  in  this  Section  shall   be
18    substantiated    by    the   Administrator   through   prompt
19    investigation and by not less than 2 witnesses who  shall  be
20    owners  or  life  tenants of real property in the county. The
21    Administrator member of the Board shall determine whether the
22    provisions of this Section have been met  and  shall  keep  a
23    record in each case of the names of the owners of the animals
24    or  poultry,  the amount of damages proven, and the number of
25    animals or poultry killed or injured.
26        The Administrator  member  of  the  Board  shall  file  a
27    written  report  with the County Treasurer as to the right of
28    an owner of livestock,  poultry,  or  equidae  sheep,  goats,
29    cattle,  horses,  mules,  swine, or poultry to be paid out of
30    the Animal Control Fund,  and  the  amount  of  such  damages
31    claimed.
32        The  County Treasurer shall, on the first Monday in March
33    of each calendar year, pay to the owner  of  the  animals  or
34    poultry the amount of damages to which he or she is entitled.
 
                            -25-     LRB093 04436 LCB 13748 a
 1    The  county  board,  by ordinance, shall establish a schedule
 2    for damages reflecting the current market value.  Unless  the
 3    county  board,  by  ordinance,  establishes  a  schedule  for
 4    damages  reflecting  the reasonable market value; the damages
 5    allowed for grade animals or poultry  shall  not  exceed  the
 6    following amounts:
 7        a.  For goats killed or injured, $30 per head.
 8        b.  For cattle killed or injured, $300 per head.
 9        c.  For horses or mules killed or injured, $200 per head.
10        d.  For swine killed or injured, $50 per head.
11        e.  For turkeys killed or injured, $5 per head.
12        f.  For sheep killed or injured, $30 per head.
13        g.  For all poultry, other than turkeys, $1 per head.
14    The  maximum  amounts  hereinabove set forth may be increased
15    50% for animals for which the owner can present a certificate
16    of  registry  of  the  appropriate   breed   association   or
17    organization.   However,  if there is not sufficient money in
18    the portion of the fund set aside as stated in Section  7  to
19    pay all claims for damages in full, then the County Treasurer
20    shall  pay  to  such owner of animals or poultry his pro rata
21    share of the money available.
22        If there are funds in excess of  amounts  paid  for  such
23    claims  for damage in that portion of the Animal Control Fund
24    set aside for this purpose, this excess  shall  be  used  for
25    other costs of the program as set forth in this Act.
26    (Source: P.A. 84-551.)

27        (510 ILCS 5/22) (from Ch. 8, par. 372)
28        Sec.  22.   The Department shall have general supervision
29    of the administration of this Act  and  may  make  reasonable
30    rules  and  regulations,  not inconsistent with this Act, for
31    the  enforcement  of  this  Act  and  for  the  guidance   of
32    Administrators, including revoking a license issued under the
33    Animal  Welfare  Act  for noncompliance with any provision of
 
                            -26-     LRB093 04436 LCB 13748 a
 1    this Act.
 2    (Source: P.A. 78-795.)

 3        (510 ILCS 5/24) (from Ch. 8, par. 374)
 4        Sec. 24. Nothing in this Act shall be held  to  limit  in
 5    any  manner  the power of any municipality or other political
 6    subdivision to prohibit animals from running  at  large,  nor
 7    shall  anything  in  this Act be construed to, in any manner,
 8    limit the  power  of  any  municipality  or  other  political
 9    subdivision  to  further  control  and regulate dogs, cats or
10    other  animals  in  such  municipality  or  other   political
11    subdivision  provided  that  no  regulation  or  ordinance is
12    specific to breed  including  a  requirement  of  inoculation
13    against rabies.
14    (Source: P.A. 82-783.)

15        (510 ILCS 5/26) (from Ch. 8, par. 376)
16        Sec.  26.   (a)  Any  person  violating  or  aiding in or
17    abetting the violation of  any  provision  of  this  Act,  or
18    counterfeiting or forging any certificate, permit, or tag, or
19    making   any   misrepresentation  in  regard  to  any  matter
20    prescribed  by  this  Act,  or  resisting,  obstructing,   or
21    impeding  the  Administrator  or  any  authorized  officer in
22    enforcing this Act, or refusing to  produce  for  inoculation
23    any  dog  in  his  possession not confined at all times to an
24    enclosed area, or who removes a tag from a dog  for  purposes
25    of  destroying  or  concealing  its  identity, is guilty of a
26    Class C misdemeanor petty  offense  for  a  first  or  second
27    offense  and  shall  be fined not less than $25 nor more than
28    $200, and for a third and subsequent offense, is guilty of  a
29    Class B C misdemeanor.
30        Each  day a person fails to comply constitutes a separate
31    offense. Each State's  Attorney  to  whom  the  Administrator
32    reports  any  violation  of  this Act shall cause appropriate
 
                            -27-     LRB093 04436 LCB 13748 a
 1    proceedings to be instituted in  the  proper  courts  without
 2    delay and to be prosecuted in the manner provided by law.
 3        (b)  If the owner of a vicious dog subject to enclosure:
 4             (1)  fails  to  maintain  or  keep  the  dog  in  an
 5        enclosure or fails to spay or neuter the dog; and
 6             (2)  the  dog inflicts serious physical injury great
 7        bodily harm, permanent disfigurement, permanent  physical
 8        disability  upon  any other person or causes the death of
 9        another person; and
10             (3)  the attack is unprovoked in a place where  such
11        person  is  peaceably  conducting  himself or herself and
12        where such person may lawfully be;
13    the owner shall be guilty of a Class 4 felony A  misdemeanor,
14    unless the owner knowingly allowed the dog to run at large or
15    failed to take steps to keep the dog in an enclosure then the
16    owner  shall  be  guilty  of  a Class 3 4 felony. The penalty
17    provided in this paragraph shall be in addition to any  other
18    criminal or civil sanction provided by law.
19        (c)  If  the  owner of a dangerous dog knowingly fails to
20    comply with any order of the court regarding the dog and  the
21    dog  inflicts  serious  physical  injury  on  a  person  or a
22    companion animal, the owner shall be  guilty  of  a  Class  A
23    misdemeanor.  If the owner of a dangerous dog knowingly fails
24    to  comply with any order regarding the dog and the dog kills
25    a person the owner shall be guilty of a Class 4 felony.
26    (Source: P.A. 87-456.)

27        (510 ILCS 5/16 rep.)
28        Section  15.  The  Animal  Control  Act  is  amended   by
29    repealing Section 16.

30        Section  99.  Effective date.  This Act takes effect upon
31    becoming law.".