Full Text of HB1128 94th General Assembly
HB1128eng 94TH GENERAL ASSEMBLY
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HB1128 Engrossed |
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| AN ACT concerning animals.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Animal Control Act is amended by changing | 5 |
| Sections 2.04a, 2.05a, 2.11a, 2.11b, 2.16, 2.19a, 3, 5, 9, 10, | 6 |
| 11, 13, 15, 15.1, and 26 as follows:
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| (510 ILCS 5/2.04a)
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| Sec. 2.04a. "Cat" means Felis catus
all members of the | 9 |
| family Felidae . | 10 |
| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/2.05a)
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| Sec. 2.05a. "Dangerous dog" means any individual dog | 13 |
| anywhere other than upon the property of the owner or custodian | 14 |
| of the dog and
when unmuzzled,
unleashed, or unattended by its | 15 |
| owner or custodian
that behaves in a manner that a reasonable | 16 |
| person would believe poses
a serious and unjustified imminent | 17 |
| threat of serious physical injury or
death to a person or a | 18 |
| companion animal in a public place .
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/2.11a)
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| Sec. 2.11a. "Enclosure" means a fence or structure of at
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| least 6 feet in height, forming or causing an enclosure | 23 |
| suitable to
prevent the entry of young children, and suitable | 24 |
| to confine a vicious
dog in conjunction with other measures | 25 |
| that may be taken by the owner
or keeper, such as tethering of | 26 |
| the vicious dog within the enclosure.
The enclosure shall be | 27 |
| securely enclosed and locked and designed with
secure sides, | 28 |
| top, and bottom and shall be designed to prevent the
animal | 29 |
| from escaping from the enclosure. If the enclosure is a room | 30 |
| within a
residence, it cannot have direct ingress from or |
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| egress to the outdoors unless it leads directly to an enclosed | 2 |
| pen and the door must be locked. A vicious dog
may be allowed | 3 |
| to move about freely within the entire residence if it is
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| muzzled at all
times.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/2.11b)
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| Sec. 2.11b. "Feral cat" means a cat that (i) is born in the | 8 |
| wild or is the
offspring
of
an owned
or feral cat and is not | 9 |
| socialized, or (ii) is a formerly owned cat that has
been | 10 |
| abandoned
and is no longer socialized , or (iii) lives on a | 11 |
| farm.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/2.16) (from Ch. 8, par. 352.16)
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| Sec. 2.16. "Owner" means any person having a right of | 15 |
| property in an
animal, or who keeps or harbors an animal, or | 16 |
| who has it
in his
care, or acts as its custodian , or who | 17 |
| knowingly permits a dog to remain on any premises occupied by | 18 |
| him or her. "Owner" does not include a feral cat caretaker | 19 |
| participating in a trap, spay/neuter, return program .
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/2.19a)
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| Sec. 2.19a. "Serious physical injury" means a physical | 23 |
| injury that
creates a substantial risk of death or that causes | 24 |
| death, serious or
protracted disfigurement, protracted
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| impairment of health,
impairment of the function of any bodily | 26 |
| organ, or plastic surgery.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/3) (from Ch. 8, par. 353)
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| Sec. 3. The County Board Chairman
with the consent of the | 30 |
| County Board
shall appoint an Administrator. Appointments | 31 |
| shall be made as
necessary to keep this position filled at all | 32 |
| times. The Administrator
may appoint as many Deputy |
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| Administrators and Animal Control Wardens to
aid him or her as | 2 |
| authorized by the Board. The compensation for the
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| Administrator, Deputy Administrators, and Animal Control | 4 |
| Wardens shall
be fixed by the Board. The Administrator may be | 5 |
| removed from office by
the County Board Chairman, with the | 6 |
| consent of the County Board.
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| The Board shall provide necessary personnel, training, | 8 |
| equipment,
supplies, and
facilities, and shall operate pounds | 9 |
| or contract for their operation as
necessary to effectuate the | 10 |
| program. The Board may enter into contracts
or agreements with | 11 |
| persons to assist in the operation of the program.
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| The Board shall be empowered to utilize monies from their | 13 |
| General
Corporate Fund to effectuate the intent of this Act.
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| The Board is authorized by ordinance to require the | 15 |
| registration and
may require microchipping of
dogs and cats .
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| and
The Board shall
impose an individual dog or cat
animal and | 17 |
| litter registration fee to be deposited in a county animal | 18 |
| control fund. The fee for unaltered animals must be at least | 19 |
| $10 higher than the fee for altered animals . All persons
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| selling dogs or cats or keeping registries of dogs or cats | 21 |
| shall
cooperate and
provide
information
to the Administrator as | 22 |
| required by Board ordinance, including sales,
number of | 23 |
| litters, and
ownership
of dogs and cats. If microchips are | 24 |
| required, the microchip number may
shall
serve as the county | 25 |
| animal
control registration number. All
microchips shall have | 26 |
| an operating frequency of 125 kilohertz.
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| In obtaining information required to implement this Act, | 28 |
| the Department
shall have power to subpoena and bring before it | 29 |
| any person in this State
and to take testimony either orally or | 30 |
| by deposition, or both, with the
same fees and mileage and in | 31 |
| the same manner as prescribed by law for civil
cases in courts | 32 |
| of this State.
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| The Director shall have power to
administer
oaths to | 34 |
| witnesses at any hearing which the Department is authorized by
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| law to conduct, and any other oaths required or authorized in | 36 |
| any Act
administered
by the Department.
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| This Section does not apply to feral cats.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/5) (from Ch. 8, par. 355)
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| Sec. 5. Duties and powers.
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| (a) It shall be the duty of the Administrator or the Deputy
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| Administrator, through sterilization,
humane education, rabies
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| inoculation, stray control, impoundment, quarantine, and any | 8 |
| other means deemed
necessary, to control and prevent the spread | 9 |
| of rabies and
to exercise dog and cat overpopulation control. | 10 |
| It
shall
also be the duty of the Administrator to investigate | 11 |
| and substantiate all
claims made under Section 19 of this Act.
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| (b) Counties may by ordinance determine the extent of the | 13 |
| police powers
that may be exercised by the Administrator, | 14 |
| Deputy Administrators, and Animal
Control Wardens, which
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| powers shall pertain only to this Act. The Administrator, | 16 |
| Deputy
Administrators, and Animal Control Wardens may issue and | 17 |
| serve citations and
orders for violations of
this Act. The
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| Administrator, Deputy Administrators, and Animal Control | 19 |
| Wardens may not
carry weapons unless they have been
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| specifically authorized to carry weapons by county ordinance. | 21 |
| Animal Control
Wardens, however, may use tranquilizer guns and | 22 |
| other nonlethal weapons and
equipment without specific
weapons | 23 |
| authorization.
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| A person authorized to carry firearms by county ordinance | 25 |
| under this
subsection must have completed the training course | 26 |
| for peace officers
prescribed in the Peace Officer Firearm | 27 |
| Training Act. The cost of this
training
shall be paid by the | 28 |
| county.
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| (c) The sheriff and all sheriff's deputies and municipal
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| police officers shall cooperate with the Administrator and his | 31 |
| or her
representatives in carrying out the
provisions of this | 32 |
| Act.
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| (d) The Administrator and animal control wardens shall aid | 34 |
| in the enforcement of the Humane Care for Animals Act and have | 35 |
| the ability to impound animals and apply for security posting |
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| for violation of that Act.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/9) (from Ch. 8, par. 359)
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| Sec. 9. Any dog found running at large contrary to | 5 |
| provisions of this Act
may
be apprehended and impounded. For | 6 |
| this purpose, the Administrator shall
utilize any existing or | 7 |
| available animal control facility or licensed animal shelter. A | 8 |
| dog found running at large contrary to the provisions of this | 9 |
| Act a second or subsequent time must be spayed or neutered | 10 |
| within 30 days after being reclaimed unless already spayed or | 11 |
| neutered; failure to comply shall result in impoundment .
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/10) (from Ch. 8, par. 360)
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| Sec. 10. Impoundment; redemption.
When dogs or cats are | 15 |
| apprehended and impounded by the Administrator ,
they must be | 16 |
| scanned for the presence of a microchip. The
Administrator | 17 |
| shall make every reasonable attempt to contact the owner as | 18 |
| defined by Section 2.16 as soon
as possible. The Administrator | 19 |
| shall give notice of not less than 7 business
days to the owner | 20 |
| prior to disposal of the animal. Such notice shall be mailed
to | 21 |
| the last known address of the owner. Testimony of the | 22 |
| Administrator, or his
or her authorized agent, who mails such | 23 |
| notice shall be evidence of the receipt
of such notice by the | 24 |
| owner of the animal.
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| In case the owner of any impounded dog or cat desires to | 26 |
| make redemption
thereof, he or she may do so by doing
on the | 27 |
| following conditions :
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| a. Presenting
present proof of current rabies | 29 |
| inoculation ,
and registration, if applicable . , or
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| b. Paying
pay for the rabies inoculation of the dog or | 31 |
| cat ,
and registration, if applicable . , and
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| c. Paying
pay the pound for the board of the dog or cat | 33 |
| for
the period it was impounded . ,
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| d. Paying
pay into the Animal Control Fund an |
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| additional
impoundment fee as prescribed by the Board as a | 2 |
| penalty for the
first offense and for each subsequent | 3 |
| offense .
; and
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| e. Paying
pay for microchipping and registration if not | 5 |
| already
done.
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| Animal control facilities that are open to the public 7 | 7 |
| days per week for
animal reclamation are exempt from the | 8 |
| business day requirement.
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| The payments required for redemption under this Section
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| shall be in
addition to any other penalties invoked under this | 11 |
| Act.
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| (Source: P.A. 93-548, eff. 8-19-03; revised 10-9-03.)
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| (510 ILCS 5/11) (from Ch. 8, par. 361)
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| Sec. 11. When not redeemed by the owner, a dog or cat
that | 15 |
| has been
impounded shall be
humanely dispatched pursuant to the | 16 |
| Humane Euthanasia in Animal Shelters
Act or offered for
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| adoption. An animal pound
or animal shelter shall not release | 18 |
| any dog or cat when not redeemed by
the owner unless the animal | 19 |
| has been surgically rendered incapable of
reproduction
by | 20 |
| spaying or neutering and microchipped, or the person wishing to | 21 |
| adopt
an animal prior
to the surgical procedures having been | 22 |
| performed shall have executed a written
agreement promising to | 23 |
| have such service performed, including
microchipping, within
a | 24 |
| specified period
of time not to exceed 30 days. Failure to | 25 |
| fulfill the terms of the
agreement shall result in
seizure and | 26 |
| impoundment of the animal and any offspring by the animal pound | 27 |
| or shelter, and
any monies which have been deposited shall be | 28 |
| forfeited. This Act shall not
prevent humane societies from | 29 |
| engaging in activities set forth by their
charters; provided, | 30 |
| they are not inconsistent with provisions of this Act
and other | 31 |
| existing laws. No animal shelter or animal control facility | 32 |
| shall
release dogs or cats to an individual representing a | 33 |
| rescue group , unless the
group has been licensed by the | 34 |
| Illinois Department of Agriculture or
incorporated as a | 35 |
| not-for-profit organization. The Department may suspend or
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| revoke the license of
any animal shelter or animal control | 2 |
| facility that fails to comply with the
requirements set forth | 3 |
| in this Section or that fails to report its intake and | 4 |
| euthanasia statistics each year .
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| (Source: P.A. 92-449, eff. 1-1-02; 93-548, eff. 8-19-03.)
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| (510 ILCS 5/13) (from Ch. 8, par. 363)
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| Sec. 13. Dog or other animal bites; observation of animal.
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| (a) Except as otherwise provided in subsection (b) of this | 9 |
| Section, when
the Administrator or, if the Administrator is not | 10 |
| a veterinarian, the Deputy
Administrator receives information | 11 |
| that any person has been
bitten by an animal, the Administrator | 12 |
| or, if the
Administrator is not a veterinarian, the Deputy | 13 |
| Administrator, or his or
her authorized
representative, shall | 14 |
| have such dog or other animal confined
under the
observation of | 15 |
| a licensed veterinarian for a period of 10 days. The
Department | 16 |
| may permit such confinement to be reduced to a
period of less | 17 |
| than 10 days. A veterinarian shall report the
clinical
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| condition of the animal immediately, with confirmation in
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| writing to the Administrator or, if the Administrator is not a | 20 |
| veterinarian,
the
Deputy Administrator within 24 hours after | 21 |
| the animal
is presented for examination, giving the owner's | 22 |
| name, address, the date of
confinement, the breed, description, | 23 |
| age, and sex of the
animal, and whether the animal has been | 24 |
| spayed ,
or neutered, or chemically sterilized on appropriate
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| forms approved by the Department. The Administrator or, if the | 26 |
| Administrator
is not
a veterinarian, the Deputy Administrator | 27 |
| shall notify the attending physician
or responsible health | 28 |
| agency. At the
end of the confinement period, the veterinarian | 29 |
| shall submit a written
report to the Administrator or, if the | 30 |
| Administrator is not a veterinarian,
the Deputy
Administrator | 31 |
| advising him or her of the final disposition of
the animal on | 32 |
| appropriate forms approved by the Department. When
evidence is | 33 |
| presented that the animal was inoculated
against
rabies within | 34 |
| the time prescribed by law, it shall be confined in
a house, or | 35 |
| in a manner which will prohibit it from biting any person
for a |
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| period of 10 days, if a licensed veterinarian adjudges such | 2 |
| confinement satisfactory. The Department may permit such | 3 |
| confinement to be reduced to a period of less
than 10 days. At | 4 |
| the end of the confinement period, the
animal shall be examined | 5 |
| by a licensed
veterinarian.
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| Any person having knowledge that any person has been
bitten | 7 |
| by an animal shall
notify the
Administrator or, if the | 8 |
| Administrator is not a veterinarian, the Deputy
Administrator
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| promptly. It is unlawful for the owner of the animal
to
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| euthanize, sell, give away, or otherwise dispose of any
animal | 11 |
| known to have bitten a person, until it is released by the
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| Administrator or, if the Administrator is not a veterinarian, | 13 |
| the Deputy
Administrator, or his or her authorized | 14 |
| representative. It is unlawful
for
the
owner of the animal to | 15 |
| refuse or fail to comply with
the
reasonable written or printed | 16 |
| instructions made by the Administrator or,
if
the Administrator | 17 |
| is not a veterinarian, the Deputy Administrator, or
his
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| authorized representative. If such instructions cannot be | 19 |
| delivered in
person, they shall be mailed to the owner of the
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| animal by
regular mail. Any expense incurred in the
handling of | 21 |
| an animal under this Section and Section
12 shall
be borne by | 22 |
| the owner.
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| (b) When a person has been bitten by a police dog that is | 24 |
| currently vaccinated against rabies ,
the police dog may | 25 |
| continue to perform
its duties for the peace officer or law | 26 |
| enforcement agency and any period
of
observation of the police | 27 |
| dog may be under the
supervision of a peace officer.
The | 28 |
| supervision shall consist of the dog being locked in a kennel,
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| performing its official duties in a police vehicle, or | 30 |
| remaining under the
constant supervision of its police handler.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/15) (from Ch. 8, par. 365)
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| Sec. 15. (a) In order to have a dog deemed "vicious", the | 34 |
| Administrator,
Deputy
Administrator,
animal control warden, or | 35 |
| law enforcement officer must give notice of the
infraction that
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| is the basis of the investigation to the owner, conduct a | 2 |
| thorough
investigation, interview
any witnesses, including the | 3 |
| owner, gather any existing medical records,
veterinary
medical | 4 |
| records or behavioral evidence, and make a detailed report | 5 |
| recommending
a
finding that the dog is a vicious dog and give | 6 |
| the report to the States
Attorney's Office and the
owner. The | 7 |
| Administrator, State's Attorney, Director or any citizen of the
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| county in
which the dog exists may file a complaint in the | 9 |
| circuit court in the name of
the People of the
State of
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| Illinois to deem a dog to be a vicious dog. Testimony of a | 11 |
| certified applied
behaviorist, a
board certified veterinary | 12 |
| behaviorist, or another recognized expert may be
relevant to | 13 |
| the
court's determination of whether the dog's behavior was | 14 |
| justified. The
petitioner must
prove the dog is a vicious dog | 15 |
| by clear and convincing evidence. The
Administrator shall | 16 |
| determine where the animal shall be confined during the
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| pendency of the case.
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| A dog may
shall not be declared vicious if the court | 19 |
| determines the conduct of
the
dog was
justified because:
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| (1) the threat, injury, or death was sustained by a | 21 |
| person who at the time
was
committing a crime or offense | 22 |
| upon the owner or custodian of the dog, or was committing a | 23 |
| willful trespass or other tort upon the premises or | 24 |
| property owned or occupied by the owner of the animal
upon
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| the
property of the owner or custodian of the dog ;
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| (2) the injured, threatened, or killed person was | 27 |
| tormenting, abusing,
assaulting,
or physically threatening | 28 |
| the dog or its offspring, or has in the past
tormented,
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| abused,
assaulted, or physically threatened the dog or its | 30 |
| offspring; or
| 31 |
| (3) the dog was responding to pain or injury, or was | 32 |
| protecting itself, its
owner,
custodian, or member of its | 33 |
| household, kennel, or offspring.
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| No dog shall be deemed "vicious" if it is a professionally | 35 |
| trained dog for
law
enforcement or guard duties. Vicious dogs | 36 |
| shall not be classified
in a manner that is specific as to |
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| breed.
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| If the burden of proof has been met, the court shall deem | 3 |
| the dog to be a
vicious dog.
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| If a dog is found to be a vicious dog, the dog shall be | 5 |
| spayed or
neutered within 10 days of the finding at the expense | 6 |
| of its
owner and microchipped, if not already, and is subject | 7 |
| to
enclosure. If an owner fails to comply with these | 8 |
| requirements, the animal control agency shall impound the dog | 9 |
| and the owner shall pay a $500 fine plus impoundment fees to | 10 |
| the animal control agency impounding the dog. The judge has the | 11 |
| discretion to order a vicious dog be euthanized. A dog found to | 12 |
| be a vicious dog shall not be released to the
owner until the | 13 |
| Administrator, an Animal Control Warden, or the
Director | 14 |
| approves the enclosure. No owner or
keeper of a vicious dog | 15 |
| shall sell or give away the dog without court
approval from the | 16 |
| Administrator or court . Whenever an owner of a vicious dog | 17 |
| relocates, he or she shall notify
both the
Administrator of
| 18 |
| County
Animal Control where he or she has relocated and the | 19 |
| Administrator of County
Animal Control where he or she formerly | 20 |
| resided.
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| (b) It shall be unlawful for any person to keep or maintain | 22 |
| any dog
which has been found to be a vicious dog unless the dog | 23 |
| is
kept in an enclosure. The only times that a vicious dog may | 24 |
| be allowed out
of the enclosure are (1) if it is necessary for | 25 |
| the owner or keeper to
obtain veterinary care for the dog, (2) | 26 |
| in the case of an emergency or
natural disaster where the
dog's | 27 |
| life is threatened, or (3) to comply with the order of a
court | 28 |
| of competent jurisdiction, provided that the dog is securely | 29 |
| muzzled
and restrained with a leash not
exceeding 6 feet in | 30 |
| length, and shall be under the direct control and
supervision | 31 |
| of the owner or keeper of the dog or muzzled in its residence.
| 32 |
| Any dog which has been found to be a vicious dog and which | 33 |
| is not
confined to an enclosure shall be impounded by the | 34 |
| Administrator, an Animal
Control Warden, or the law enforcement | 35 |
| authority having jurisdiction in
such area.
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| If the owner of the dog has not appealed the impoundment |
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| order to the
circuit court in the county in which the animal | 2 |
| was impounded within 15
working days, the dog may be | 3 |
| euthanized.
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| Upon filing a notice of appeal, the order of euthanasia | 5 |
| shall be
automatically stayed pending the outcome of the | 6 |
| appeal. The owner shall bear
the burden of timely notification | 7 |
| to animal control in writing.
| 8 |
| Guide dogs for the blind or hearing impaired, support dogs | 9 |
| for the
physically handicapped, and sentry, guard, or
| 10 |
| police-owned dogs are
exempt from this Section; provided, an | 11 |
| attack or injury to a person
occurs while the dog is performing | 12 |
| duties as expected. To qualify for
exemption under this | 13 |
| Section, each such dog shall be currently
inoculated against | 14 |
| rabies in accordance with Section 8
of this Act. It shall be | 15 |
| the duty of the owner of such exempted dog to
notify the | 16 |
| Administrator of changes of address. In the case of a sentry or
| 17 |
| guard dog, the owner shall keep the Administrator advised of | 18 |
| the location
where such dog will be stationed. The | 19 |
| Administrator shall provide police
and fire departments with a | 20 |
| categorized list of such exempted dogs, and
shall promptly | 21 |
| notify such departments of any address changes reported to him.
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| (c) If the animal control agency has custody of the dog, | 23 |
| the agency may file a petition with the court requesting that | 24 |
| the owner be ordered to post security. The security must be in | 25 |
| an amount sufficient to secure payment of all reasonable | 26 |
| expenses expected to be incurred by the animal control agency | 27 |
| or animal shelter in caring for and providing for the dog | 28 |
| pending the determination. Reasonable expenses include, but | 29 |
| are not limited to, estimated medical care and boarding of the | 30 |
| animal for 30 days. If security has been posted in accordance | 31 |
| with this Section, the animal control agency may draw from the | 32 |
| security the actual costs incurred by the agency in caring for | 33 |
| the dog. | 34 |
| (d) Upon receipt of a petition, the court must set a | 35 |
| hearing on the petition, to be conducted within 5 business days | 36 |
| after the petition is filed. The petitioner must serve a true |
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| copy of the petition upon the defendant. | 2 |
| (e) If the court orders the posting of security, the | 3 |
| security must be posted with the clerk of the court within 5 | 4 |
| business days after the hearing. If the person ordered to post | 5 |
| security does not do so, the dog is forfeited by operation of | 6 |
| law and the animal control agency must dispose of the animal | 7 |
| through adoption or humane euthanization.
| 8 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 9 |
| (510 ILCS 5/15.1)
| 10 |
| Sec. 15.1. Dangerous dog determination.
| 11 |
| (a) After a thorough investigation
including: sending, | 12 |
| within 10 business
3 days of the Administrator or Director | 13 |
| becoming
aware of the alleged infraction,
notifications to the | 14 |
| owner of the alleged infractions, the fact of the
initiation of | 15 |
| an investigation,
and
affording the owner an opportunity to | 16 |
| meet with the Administrator or
Director prior to the making of | 17 |
| a determination;
gathering of
any medical or veterinary | 18 |
| evidence; interviewing witnesses; and making a
detailed
| 19 |
| written report, an animal control warden, deputy | 20 |
| administrator, or law
enforcement agent
may ask the | 21 |
| Administrator, or his or her designee, or the Director, to deem | 22 |
| a
dog to be
"dangerous". No dog shall be deemed a "dangerous | 23 |
| dog" unless shown to be a dangerous dog by a preponderance of | 24 |
| evidence
without clear and
convincing
evidence . The owner shall | 25 |
| be sent immediate notification of the determination
by | 26 |
| registered or certified mail that includes a complete | 27 |
| 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 the | 32 |
| time was committing a crime or offense upon the owner or
| 33 |
| custodian of the dog or was committing a willful trespass | 34 |
| or other tort upon the premises or property occupied by the | 35 |
| owner of the animal ;
|
|
|
|
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| 1 |
| (2) the threatened person was
tormenting, abusing, | 2 |
| assaulting, or physically threatening the dog or
its | 3 |
| offspring;
| 4 |
| (3) the injured, threatened, or killed companion | 5 |
| animal
was attacking or threatening to attack the dog or | 6 |
| its offspring; or
| 7 |
| (4) the dog was responding to pain or injury or was
| 8 |
| protecting itself, its owner, custodian, or a member of its | 9 |
| household,
kennel, or offspring.
| 10 |
| (c) Testimony of a certified applied behaviorist, a board | 11 |
| certified
veterinary behaviorist, or another recognized expert | 12 |
| may be relevant to
the determination of whether the dog's | 13 |
| behavior was
justified pursuant to the provisions of this | 14 |
| Section.
| 15 |
| (d) If deemed dangerous, the Administrator, or his or her | 16 |
| designee, or the
Director shall order the dog to be spayed or | 17 |
| neutered within
14
days
at the
owner's expense and | 18 |
| microchipped, if not already, and one or more of the
following
| 19 |
| as deemed appropriate under
the
circumstances and necessary for | 20 |
| 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 or | 29 |
| 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
will | 32 |
| prevent
it from biting any person or animal, but that shall not | 33 |
| injure the dog or
interfere with its
vision or respiration.
| 34 |
| (f) Guide dogs for the blind or hearing impaired, support | 35 |
| dogs for the
physically handicapped, and sentry, guard, or
| 36 |
| police-owned dogs are exempt from this Section; provided, an |
|
|
|
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| 1 |
| attack or injury
to a person occurs while the dog is performing | 2 |
| duties as expected. To qualify
for exemption under this | 3 |
| Section, each such dog shall be currently inoculated
against | 4 |
| rabies in accordance with Section 8 of this Act and performing | 5 |
| duties
as expected. It shall be the duty
of the owner of the | 6 |
| exempted dog to notify the Administrator of changes of
address. | 7 |
| In the case of a sentry or guard dog, the owner shall keep the
| 8 |
| Administrator advised of the location where such dog will be | 9 |
| stationed. The
Administrator shall provide police and fire | 10 |
| departments with a categorized list
of the exempted dogs, and | 11 |
| shall promptly notify the departments of any
address changes | 12 |
| reported to him or her.
| 13 |
| (g) An animal control agency has the right to impound a | 14 |
| dangerous dog if the owner fails to comply with the | 15 |
| microchipping or sterilization requirements.
| 16 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 17 |
| (510 ILCS 5/26) (from Ch. 8, par. 376)
| 18 |
| Sec. 26. (a) Any person violating or aiding in or abetting | 19 |
| the violation
of any provision of this Act, or counterfeiting | 20 |
| or forging any certificate,
permit, or tag, or making any | 21 |
| misrepresentation in regard to any matter
prescribed by this | 22 |
| Act, or resisting, obstructing, or impeding the
Administrator | 23 |
| or any authorized officer in enforcing this Act, or refusing
to | 24 |
| produce for inoculation any dog in his possession, or who | 25 |
| removes a tag or microchip from
a dog for purposes of
| 26 |
| destroying or concealing its identity, is guilty of a Class C | 27 |
| misdemeanor for a
first offense and for a subsequent offense, | 28 |
| is guilty of a Class B
misdemeanor.
| 29 |
| Each day a person fails to comply constitutes a separate | 30 |
| offense. Each
State's Attorney to whom the Administrator | 31 |
| reports any violation of this
Act shall cause appropriate | 32 |
| proceedings to be instituted in the proper
courts without delay | 33 |
| and to be prosecuted in the manner provided by law.
| 34 |
| (b) If the owner of a vicious dog subject to enclosure:
| 35 |
| (1) fails to maintain or keep the dog in an enclosure |
|
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| 1 |
| or fails to spay
or neuter the dog within the time period | 2 |
| prescribed ; and
| 3 |
| (2) the dog inflicts serious physical injury upon any | 4 |
| other person or causes the death of
another person; and
| 5 |
| (3) the attack is unprovoked in a place where such | 6 |
| person is peaceably
conducting himself or herself and where | 7 |
| such person may lawfully be;
| 8 |
| the owner shall
be guilty of a Class 4 felony, unless the owner | 9 |
| knowingly
allowed the
dog to run at large or failed to take | 10 |
| steps to keep the dog in an enclosure
then the owner shall be | 11 |
| guilty of a Class 3 felony. The penalty
provided in
this | 12 |
| paragraph shall be in addition to any other criminal or civil | 13 |
| sanction
provided by law.
| 14 |
| (c) If the owner of a dangerous dog knowingly fails to | 15 |
| comply with any
order of the court
regarding the dog and the | 16 |
| dog inflicts serious physical
injury on a person or a companion | 17 |
| animal, the owner shall be guilty of a Class
A misdemeanor. If | 18 |
| the
owner of a dangerous dog knowingly fails to comply with any | 19 |
| order regarding the
dog and
the dog kills a person the owner | 20 |
| shall be guilty of a Class 4 felony.
| 21 |
| (Source: P.A. 93-548, eff. 8-19-03.)
|
|