Full Text of HB2703 96th General Assembly
HB2703ham001 96TH GENERAL ASSEMBLY
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Rep. Michael W. Tryon
Filed: 3/17/2009
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| AMENDMENT TO HOUSE BILL 2703
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| AMENDMENT NO. ______. Amend House Bill 2703 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Animal Control Act is amended by changing | 5 |
| Sections 2.01, 2.03, 2.04a, 2.05a, 2.11, 2.11a, 2.11b, 2.16, | 6 |
| 2.18, 2.19a, 2.19b, 3, 8, 9, 10, 11, 12, 13, 15, 15.1, 15.2, | 7 |
| 16.5, 17, 26, and 35 and by adding Sections 2.01a, 2.02a, | 8 |
| 2.02b, 2.04b, 2.04c, 2.04d, 2.18b, 2.18c, 9.2, 12.1, 15.5, | 9 |
| 16.1, and 22.5 as follows:
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| (510 ILCS 5/2.01) (from Ch. 8, par. 352.01)
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| Sec. 2.01.
"Administrator" means a veterinarian licensed | 12 |
| by the State of
Illinois
and appointed pursuant to this Act . A | 13 |
| , or in the event a veterinarian cannot be
found and appointed | 14 |
| pursuant to this Act, a non-veterinarian may serve as
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| Administrator under this Act. In the event the Administrator is | 16 |
| not a
veterinarian, the Administrator shall defer to the Deputy |
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| Administrator veterinarian regarding all
medical decisions.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/2.01a new) | 4 |
| Sec. 2.01a. "Administrative Hearing Officer" means an | 5 |
| individual appointed by the County Board to hear cases | 6 |
| involving vicious dogs. The individual appointed shall be a | 7 |
| licensed attorney with experience in judicial proceedings | 8 |
| independent of the county. | 9 |
| (510 ILCS 5/2.02a new) | 10 |
| Sec. 2.02a. "Animal Control" means the Administrator, | 11 |
| Deputy Administrator, Animal Control Wardens, or the law | 12 |
| enforcement authorities charged with the enforcement of this | 13 |
| Act. | 14 |
| (510 ILCS 5/2.02b new) | 15 |
| Sec. 2.02b. "Animal Control Facility" means any facility | 16 |
| operated by or under contract for the State, County, or any | 17 |
| municipal corporation or political subdivision of the State for | 18 |
| the purpose of impounding or harboring seized, stray, homeless, | 19 |
| abandoned, or unwanted dogs, cats, and other animals.
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| (510 ILCS 5/2.03) (from Ch. 8, par. 352.03)
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| Sec. 2.03.
"Animal Control Warden" or "Animal Control | 22 |
| Officer" means any person appointed by the
Administrator to |
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| perform the duties set forth in this Act.
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| (Source: P.A. 93-548, eff. 8-19-03.)
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| (510 ILCS 5/2.04a)
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| Sec. 2.04a. "Cat" means any feline for which there exists a | 5 |
| United States Department of Agriculture approved rabies | 6 |
| vaccine Felis catus . | 7 |
| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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| (510 ILCS 5/2.04b new) | 9 |
| Sec. 2.04b. "Companion animal" means an animal that is | 10 |
| commonly considered to be, or is considered by the owner to be, | 11 |
| a pet, including, but not limited to, canines, felines, | 12 |
| ferrets, and equines. | 13 |
| (510 ILCS 5/2.04c new) | 14 |
| Sec. 2.04c. "Competent Person" means a human being 16 years | 15 |
| of age or older who is capable of controlling and governing the | 16 |
| dog or cat in question. | 17 |
| (510 ILCS 5/2.04d new) | 18 |
| Sec. 2.04d. "Confinement" means (i) the restriction of an | 19 |
| animal by the owner or his agent to a building or other | 20 |
| enclosure in isolation from other animals and from persons | 21 |
| except for contact necessary for the animal's care, or (ii) if | 22 |
| the animal is authorized to leave its enclosure, the muzzling |
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| and leashing of the animal.
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| (510 ILCS 5/2.05a)
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| Sec. 2.05a. "Dangerous dog" means (i) any individual dog | 4 |
| anywhere other than upon the property of the owner or custodian | 5 |
| of the dog and unmuzzled,
unleashed, or unattended by its owner | 6 |
| or custodian
that behaves in a manner that a reasonable person | 7 |
| would believe poses
a serious and unjustified imminent threat | 8 |
| of serious physical injury or
death to a person or a companion | 9 |
| animal or (ii) a dog that, without justification, bites a | 10 |
| person and does not cause serious physical injury , or (iii) a | 11 |
| dog that injures a companion animal or livestock while off its | 12 |
| owner's property .
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| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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| (510 ILCS 5/2.11) (from Ch. 8, par. 352.11)
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| Sec. 2.11.
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| "Dog" means any canine for which there exists a United | 17 |
| States Department of Agriculture approved rabies vaccine all | 18 |
| members of the family Canidae .
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| (Source: P.A. 78-795.)
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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 |
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| to confine a vicious
dog in conjunction with other measures | 2 |
| that may be taken by the owner
or keeper, such as tethering of | 3 |
| the vicious dog within the enclosure.
The enclosure shall be | 4 |
| securely enclosed and locked at all times and designed with
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| secure sides, top, and bottom and shall be designed to prevent | 6 |
| the
animal from escaping from the enclosure. If the enclosure | 7 |
| is a room within a
residence, it cannot have direct ingress | 8 |
| from or egress to the outdoors unless it leads directly to an | 9 |
| enclosed pen and the door must be locked. A vicious dog
may be | 10 |
| allowed to move about freely within the entire residence if it | 11 |
| is
muzzled at all
times.
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| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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| (510 ILCS 5/2.11b)
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| Sec. 2.11b. "Feral cat" means a cat that exists outdoors in | 15 |
| a wild or untamed state, either due to birth or reversion to a | 16 |
| wild state from domestication. The usual and consistent | 17 |
| temperament of a feral cat is extreme fear and resistance to | 18 |
| contact with humans. Feral cats are completely or substantially | 19 |
| unsocialized to humans. (i) is born in the wild or is the
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| offspring
of
an owned
or feral cat and is not socialized, (ii) | 21 |
| is a formerly owned cat that has
been abandoned
and is no | 22 |
| longer socialized, or (iii) lives on a farm.
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| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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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 | 2 |
| property in an
animal, or who keeps or harbors an animal, or | 3 |
| who has it
in his
care, or acts as its custodian, or who | 4 |
| knowingly permits an animal a dog to remain on any premises | 5 |
| occupied by him or her. "Owner" does not include a feral cat | 6 |
| caretaker participating in a trap, spay/neuter, return or | 7 |
| release program approved by the Administrator .
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| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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| (510 ILCS 5/2.18b new) | 10 |
| Sec. 2.18b. "Running-at-large" means an animal that (i) is | 11 |
| not restrained by a competent person and (ii) is present | 12 |
| somewhere other than its owner's property. | 13 |
| (510 ILCS 5/2.18c new)
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| Sec. 2.18c. "Restraint" means (i) a leash or line, no more | 15 |
| than 6 feet in length, held by a competent person, (ii) a | 16 |
| fenced yard or an enclosure, (iii) a motor vehicle, or (iv) a | 17 |
| cage or other animal carrier.
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| (510 ILCS 5/2.19a)
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| Sec. 2.19a. "Serious physical injury" means a physical | 20 |
| injury that
creates a substantial risk of death or that causes | 21 |
| death, muscle tears, serious disfigurement, protracted
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| impairment of health,
impairment of the function of any bodily | 23 |
| organ, or requires multiple sutures or corrective or cosmetic |
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| surgery without regard to whether the person actually sought | 2 |
| medical treatment plastic surgery .
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| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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| (510 ILCS 5/2.19b)
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| Sec. 2.19b.
"Vicious dog" means a dog that, (i) without | 6 |
| justification,
attacks a person and causes multiple sites of | 7 |
| physical injury, serious physical injury ,
or death , (ii) while | 8 |
| off its owner's property, kills any companion animal or | 9 |
| livestock, or (iii) any individual dog that has been found to | 10 |
| be a "dangerous
dog" upon 2 3 separate occasions.
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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 | 14 |
| County Board
shall appoint an Administrator. Appointments | 15 |
| shall be made as
necessary to keep this position filled at all | 16 |
| times. The Administrator
may appoint as many Deputy | 17 |
| Administrators and Animal Control Wardens to
aid him or her as | 18 |
| authorized by the Board. The compensation for the
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| Administrator, Deputy Administrators, and Animal Control | 20 |
| Wardens shall
be fixed by the Board. The Administrator may be | 21 |
| removed from office by
the County Board Chairman, with the | 22 |
| consent of the County Board.
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| The Board shall provide necessary personnel, training, | 24 |
| equipment,
supplies, and
facilities, and shall operate animal |
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| control facilities pounds or contract for their operation as
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| necessary to effectuate the program. The Board may enter into | 3 |
| contracts
or agreements with persons to assist in the operation | 4 |
| of the program and may establish a county animal population | 5 |
| control program.
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| The Board shall be empowered to utilize monies from their | 7 |
| General
Corporate Fund to effectuate the intent of this Act.
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| The Board is authorized by ordinance to require the | 9 |
| registration of dogs and cats and
may require microchipping of
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| dogs and cats.
The Board shall
impose an individual dog or cat | 11 |
| registration fee with a minimum differential of $10 for intact | 12 |
| dogs or cats . The Board may impose a separate individual | 13 |
| registration fee for dogs declared dangerous or vicious. Feral | 14 |
| cats may be exempted from this Section. Ten dollars of the | 15 |
| differential shall be placed either in a county animal | 16 |
| population control fund or in the State's Pet Population | 17 |
| Control Fund. If the money is placed in the county animal | 18 |
| population control fund it shall be used to (i) spay, neuter, | 19 |
| or sterilize adopted dogs or cats or (ii) spay or neuter dogs | 20 |
| or cats owned by low income county residents who are eligible | 21 |
| for the Food Stamp Program. All persons
selling dogs or cats or | 22 |
| keeping registries of dogs or cats shall
cooperate and
provide
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| information
to the Administrator as required by Board | 24 |
| ordinance, including sales,
number of litters, and
ownership
of | 25 |
| dogs and cats. If microchips are required, the microchip number | 26 |
| may
serve as the county animal
control registration number.
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| In obtaining information required to implement this Act, | 2 |
| the Department
shall have power to subpoena and bring before it | 3 |
| any person in this State
and to take testimony either orally or | 4 |
| by deposition, or both, with the
same fees and mileage and in | 5 |
| the same manner as prescribed by law for civil
cases in courts | 6 |
| of this State.
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| The Director shall have power to
administer
oaths to | 8 |
| 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 | 10 |
| 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; 94-639, eff. 8-22-05.)
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| (510 ILCS 5/8) (from Ch. 8, par. 358)
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| Sec. 8. Every owner of a dog 4 months or more of age shall | 15 |
| have each dog
inoculated against rabies
by a licensed | 16 |
| veterinarian. The Board is authorized by ordinance to require | 17 |
| the inoculation of cats against rabies. Every dog shall
have a | 18 |
| second rabies vaccination within one year of the first. Terms | 19 |
| of
subsequent
vaccine administration and duration of immunity | 20 |
| must be in compliance with USDA
licenses of vaccines used. | 21 |
| Evidence of such rabies
inoculation shall be entered on a | 22 |
| certificate the form of which shall be
approved by the Board | 23 |
| and which shall contain the microchip number of the animal if | 24 |
| it has one and which shall be signed by the licensed
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| veterinarian administering the vaccine. Veterinarians who |
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| inoculate a dog or cat
shall procure from the County Animal
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| Control in the county where their office is located
serially
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| numbered tags, one to be issued with each inoculation | 4 |
| certificate for each dog or cat residing in that county at the | 5 |
| fee established by the Board . Only one dog or cat
shall be | 6 |
| included on each certificate. The veterinarian immunizing or
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| microchipping an animal
shall
provide the
Administrator of the | 8 |
| county in which the animal resides with a certificate of | 9 |
| immunization and microchip number. The
Board shall cause a | 10 |
| rabies
inoculation tag to be issued, at a fee established by | 11 |
| the Board
for each
dog inoculated against rabies.
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| Rabies vaccine for use on animals shall be sold or | 13 |
| distributed only to
and used only by licensed veterinarians. | 14 |
| Such rabies vaccine shall be
licensed by the United States | 15 |
| Department of Agriculture.
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| Feral cats in a trap, spay/neuter, return, or release | 17 |
| program approved by the Administrator may be exempted from this | 18 |
| Section. | 19 |
| If a licensed veterinarian determines in writing that a | 20 |
| rabies inoculation would compromise an animal's health and if | 21 |
| the Administrator or, if the Administrator is not a | 22 |
| veterinarian, the Deputy Administrator, approves , then the | 23 |
| animal may shall be exempted exempt from the rabies inoculation | 24 |
| shot requirement ; however , but the owner is must still be | 25 |
| responsible for the registering the dog or cat, if required by | 26 |
| the County Board, and paying the registration fees.
If a bite |
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| occurs, the exempt animal shall be treated as an unvaccinated | 2 |
| animal. An exempt animal must be vaccinated against rabies as | 3 |
| soon as its health permits. | 4 |
| The Administrator may impound any dog not inoculated as | 5 |
| required by the provisions of this Act. | 6 |
| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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| (510 ILCS 5/9) (from Ch. 8, par. 359)
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| Sec. 9. Any companion animal dog found running at large | 9 |
| contrary to provisions of this Act
may
be apprehended and | 10 |
| impounded. For this purpose, the Administrator shall
utilize | 11 |
| any existing or available animal control facility or licensed | 12 |
| animal shelter. The dog's owner shall pay a $25 public safety | 13 |
| fine, $20 of which shall be deposited into the Pet Population | 14 |
| Control Fund and $5 of which shall be retained by the county or | 15 |
| municipality. A dog or cat found running at large contrary to | 16 |
| the provisions of this Act a second or subsequent time shall | 17 |
| must be spayed or neutered within a specified period of time | 18 |
| not to exceed 30 days after being found running at large after | 19 |
| being reclaimed unless already spayed or neutered . ; The | 20 |
| Administrator or Deputy Administrator must order a dog or cat | 21 |
| found running at large impounded, and the owner of the | 22 |
| impounded dog or cat must pay a $50 fine, which fines shall be | 23 |
| deposited into the Animal Control Fund by the Administrator on | 24 |
| a quarterly basis failure to comply shall result in | 25 |
| impoundment .
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| A dog that is actively engaged in a legal hunting activity, | 2 |
| including training, is not considered to be running at large if | 3 |
| the dog is on land that is open to hunting or on land on which | 4 |
| the person has obtained permission to hunt or to train a dog. A | 5 |
| dog that is in a dog-friendly area or dog park is not | 6 |
| considered to be running at large if the dog is monitored or | 7 |
| supervised by a person.
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| (Source: P.A. 94-639, eff. 8-22-05; 95-550, eff. 6-1-08 .)
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| (510 ILCS 5/9.2 new) | 10 |
| Sec. 9.2. Any companion animal presented to an animal | 11 |
| control facility by a member of the public is subject to the | 12 |
| provisions of Section 10 and Section 11 of this Act.
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| (510 ILCS 5/10) (from Ch. 8, par. 360)
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| Sec. 10. Impoundment; redemption.
When companion animals | 15 |
| dogs or cats are apprehended and impounded,
they must be | 16 |
| scanned for the presence of a microchip and cannot be adopted, | 17 |
| moved, or euthanized without being scanned for the presence of | 18 |
| a microchip for a second time . The
Administrator shall make | 19 |
| every reasonable attempt to contact the owner as defined by | 20 |
| Section 2.16 as soon
as possible. The Administrator shall give | 21 |
| notice of not less than 7 business
days to the owner prior to | 22 |
| disposal of the animal. Such notice shall be mailed
to the last | 23 |
| known address of the owner. Testimony of the Administrator, or | 24 |
| his
or her authorized agent, who mails such notice shall be |
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| evidence of the receipt
of such notice by the owner or feral | 2 |
| cat caretaker of the animal.
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| Licensees and veterinarians shall, upon request, provide | 4 |
| the Administrator, Deputy Administrator, Animal Control | 5 |
| Officer, or law enforcement agency with the name, address, and | 6 |
| phone number of the owner of any companion animal in their | 7 |
| possession. | 8 |
| In case the owner or feral cat caretaker of any impounded | 9 |
| companion animal dog or cat desires to make redemption
thereof, | 10 |
| he or she may do so by doing the following:
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| a. Presenting proof of current rabies inoculation
and | 12 |
| registration, if applicable.
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| b. Paying for the rabies inoculation of the dog or cat
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| and registration, if applicable.
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| c. Paying the pound for the board of the dog or cat for
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| the period it was impounded.
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| d. Paying into the Animal Control Fund an additional
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| impoundment fee as prescribed by the Board as a penalty for | 19 |
| the
first offense and for each subsequent offense.
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| e. (Blank). Paying a $25 public safety fine to be | 21 |
| deposited into the Pet Population Control Fund; the fine | 22 |
| shall be waived if it is the dog's or cat's first | 23 |
| impoundment and the owner has the animal spayed or neutered | 24 |
| within 14 days.
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| f.
Paying for microchipping and registration if not | 26 |
| already
done.
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| g. Presenting proof of ownership of the animal he or | 2 |
| she desires to redeem. | 3 |
| The payments required for redemption under this Section
| 4 |
| shall be in
addition to any other penalties invoked under this | 5 |
| Act and the Illinois Public Health and Safety Animal Population | 6 |
| Control Act . The owner of an impounded animal is responsible | 7 |
| for all fees associated with the impoundment of the animal. If | 8 |
| the owner can be identified, the fees are due even if the owner | 9 |
| does not reclaim the animal. An animal control agency shall | 10 |
| assist and share information with the Director of Public Health | 11 |
| in the collection of public safety fines.
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| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
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| (510 ILCS 5/11) (from Ch. 8, par. 361)
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| Sec. 11. Companion animals When not redeemed by the owner, | 15 |
| agent, or caretaker, a dog or cat must be scanned for a | 16 |
| microchip. If a microchip is present, the registered owner must | 17 |
| be notified. After contact has been made or attempted, dogs or | 18 |
| cats deemed adoptable by the animal control facility may shall | 19 |
| be offered for adoption, or made available to a licensed humane | 20 |
| society , or other licensed shelter or rescue group. If no | 21 |
| placement is available, it shall be
humanely dispatched | 22 |
| pursuant to the Humane Euthanasia in Animal Shelters
Act. An | 23 |
| animal control facility pound
or animal shelter shall not adopt | 24 |
| or adopt out release any dog or cat to anyone other than the | 25 |
| owner unless the animal has been sterilized rendered incapable |
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| of
reproduction
and microchipped, or unless one of the | 2 |
| following is the case: | 3 |
| a. The adopting owner has executed a written agreement | 4 |
| agreeing to have sterilization and microchipping performed | 5 |
| within a specified period of time not to exceed 30 days | 6 |
| after the date of the adoption and has paid a deposit, | 7 |
| which must be refunded within a reasonable time after those | 8 |
| procedures are performed. | 9 |
| b. The adopting owner has executed a written agreement | 10 |
| to have sterilization and microchipping performed within | 11 |
| 14 days after a licensed veterinarian certifies the dog or | 12 |
| cat is healthy enough for such procedures; a licensed | 13 |
| veterinarian has certified that the dog or cat is too sick | 14 |
| or injured to be sterilized or that it would be detrimental | 15 |
| to the health of the dog or cat to be sterilized or | 16 |
| microchipped at the time of adoption; and the adopting | 17 |
| owner has paid a deposit, which must be returned within a | 18 |
| reasonable time after the dog or cat is sterilized and | 19 |
| microchipped. | 20 |
| or the person wishing to adopt
an animal prior
to the surgical | 21 |
| procedures having been performed shall have executed a written
| 22 |
| agreement promising to have such service performed, including
| 23 |
| microchipping, within
a specified period
of time not to exceed | 24 |
| 30 days. Failure to fulfill the terms of the
agreement shall | 25 |
| result in
seizure and impoundment of the animal and any | 26 |
| offspring by the animal control facility pound or shelter, and
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| any monies which have been deposited shall be forfeited and | 2 |
| submitted to the Pet Population Control Fund on a yearly basis . | 3 |
| This Act shall not
prevent humane societies from engaging in | 4 |
| activities set forth by their
charters; provided, they are not | 5 |
| inconsistent with provisions of this Act
and other existing | 6 |
| laws. No animal shelter or animal control facility shall
| 7 |
| release dogs or cats to an individual representing a rescue | 8 |
| group, unless the
group has been licensed by or has a foster | 9 |
| care permit issued by the Illinois Department of Agriculture or
| 10 |
| is a representative of a not-for-profit out-of-state | 11 |
| organization. The Department may suspend or
revoke the license | 12 |
| of
any animal shelter or animal control facility that fails to | 13 |
| comply with the
requirements set forth in this Section or that | 14 |
| fails to report its intake and euthanasia statistics each year.
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| (Source: P.A. 94-639, eff. 8-22-05; 95-550, eff. 6-1-08 .)
| 16 |
| (510 ILCS 5/12) (from Ch. 8, par. 362)
| 17 |
| Sec. 12.
The owner of any animal which exhibits clinical
| 18 |
| signs of
rabies, whether or not the animal has been inoculated
| 19 |
| against
rabies, shall immediately notify the Administrator or, | 20 |
| if the Administrator
is
not a
veterinarian, the Deputy | 21 |
| Administrator . The Administrator or, if the Administrator is | 22 |
| not a veterinarian, the Deputy Administrator , and shall | 23 |
| promptly
confine or impound the animal , or have it confined, | 24 |
| under
licensed veterinary suitable
observation , for a period of | 25 |
| at least 10 days, unless officially authorized
by the |
|
|
|
09600HB2703ham001 |
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LRB096 07740 JDS 23258 a |
|
| 1 |
| Administrator or, if the Administrator is not a veterinarian, | 2 |
| the
Deputy
Administrator, in writing, to release it sooner. Any
| 3 |
| animal that has had direct contact with the
animal and that has | 4 |
| not been inoculated against rabies, shall
be
confined as | 5 |
| recommended by the Administrator or, if the Administrator is | 6 |
| not
a
veterinarian, the Deputy Administrator. If an owner fails | 7 |
| to confine the animal as required by the Administrator, animal | 8 |
| control shall impound the animal, and the owner shall be | 9 |
| responsible for the costs incurred.
| 10 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 11 |
| (510 ILCS 5/12.1 new) | 12 |
| Sec. 12.1. Dogs imported; quarantine. Dogs admitted into | 13 |
| the United States and subsequently into Illinois are subject to | 14 |
| the Public Health Service foreign quarantine regulations found | 15 |
| in title 42, Code of Federal Regulations, Section 71.51. | 16 |
| (a) A dog that is 3 months of age or older and that is | 17 |
| inoculated against rabies shall complete 30 days of | 18 |
| confinement after the date of rabies inoculation. | 19 |
| (b) A dog under 3 months of age shall be confined until | 20 |
| 3 months of age; then inoculation for rabies to be followed | 21 |
| by 30 days of confinement. | 22 |
| (c) A dog that is 3 months of age or older and that is | 23 |
| not inoculated against rabies shall be confined until | 24 |
| inoculated to be followed by 30 days of confinement. | 25 |
| If an owner fails to confine the animal, as required by the |
|
|
|
09600HB2703ham001 |
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LRB096 07740 JDS 23258 a |
|
| 1 |
| Administrator, animal control shall impound the animal, and the | 2 |
| owner shall be responsible for the costs incurred.
| 3 |
| (510 ILCS 5/13) (from Ch. 8, par. 363)
| 4 |
| Sec. 13. Dog or other animal bites; observation of animal.
| 5 |
| (a) Except as otherwise provided in subsection (c) and (d) | 6 |
| (b) of this Section, when
the Administrator or, if the | 7 |
| Administrator is not a veterinarian, the Deputy
Administrator | 8 |
| receives information that any person has been
bitten by an | 9 |
| animal, the Administrator or, if the
Administrator is not a | 10 |
| veterinarian, the Deputy Administrator, or his or
her | 11 |
| authorized
representative, shall have such dog , cat, or other | 12 |
| animal confined
under the
observation of a licensed | 13 |
| veterinarian for a period of 10 days . Such confinement shall be | 14 |
| for a period of 10 days after the date the bite occurred. The
| 15 |
| Department may permit such confinement to be reduced to a
| 16 |
| period of less than 10 days. A veterinarian shall report the
| 17 |
| clinical
condition of the animal immediately, with | 18 |
| confirmation in
writing to the Administrator or, if the | 19 |
| Administrator is not a veterinarian,
the
Deputy Administrator | 20 |
| within 24 hours after the animal
is presented for examination, | 21 |
| giving the owner's name, address, the date of
confinement, the | 22 |
| species, the breed, description, age, and sex of the
animal, | 23 |
| and whether the animal has been spayed
or neutered, on | 24 |
| appropriate
forms approved by the Department. The | 25 |
| Administrator or, if the Administrator
is not
a veterinarian, |
|
|
|
09600HB2703ham001 |
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LRB096 07740 JDS 23258 a |
|
| 1 |
| the Deputy Administrator shall notify the attending physician
| 2 |
| or responsible health agency. At the
end of the confinement | 3 |
| period, the veterinarian shall submit a written
report to the | 4 |
| Administrator or, if the Administrator is not a veterinarian,
| 5 |
| the Deputy
Administrator advising him or her of the final | 6 |
| disposition of
the animal on appropriate forms approved by the | 7 |
| Department. When
evidence is presented that the animal was | 8 |
| inoculated
against
rabies within the time prescribed by law, it | 9 |
| may shall be confined in
a house, or in a manner which will | 10 |
| prohibit it from biting any person
for a period of 10 days, if | 11 |
| the Administrator or Deputy Administrator a licensed | 12 |
| veterinarian adjudges such confinement satisfactory. The | 13 |
| Department may permit such confinement to be reduced to a | 14 |
| period of less
than 10 days. At the end of the confinement | 15 |
| period, the
animal shall be examined by a licensed
| 16 |
| veterinarian. Dogs and cats 4 months or more of age that have | 17 |
| been sterilized and microchipped must be sterilized and | 18 |
| microchipped at the expense of the owner.
| 19 |
| Any person having knowledge that any person has been
bitten | 20 |
| by an animal shall
notify the
Administrator or, if the | 21 |
| Administrator is not a veterinarian, the Deputy
Administrator
| 22 |
| within 24 hours promptly . It is unlawful for the owner of the | 23 |
| animal
to
euthanize, sell, give away, conceal the location of, | 24 |
| or otherwise dispose of any
animal known to have bitten a | 25 |
| person, until it is released by the
Administrator or, if the | 26 |
| Administrator is not a veterinarian, the Deputy
Administrator, |
|
|
|
09600HB2703ham001 |
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LRB096 07740 JDS 23258 a |
|
| 1 |
| or his or her authorized representative. It is unlawful
for
the
| 2 |
| owner of the animal to refuse or fail to comply immediately | 3 |
| with
the
reasonable written or printed instructions made by the | 4 |
| Administrator or,
if
the Administrator is not a veterinarian, | 5 |
| the Deputy Administrator, or
his
authorized representative. If | 6 |
| such instructions cannot be delivered in
person, they shall be | 7 |
| mailed to the owner of the
animal by
regular mail. Any expense | 8 |
| incurred in the
handling of an animal under this Section and | 9 |
| Section
12 shall
be borne by the owner. The owner of a biting | 10 |
| animal must also remit to the Department of Public Health, for | 11 |
| deposit into the Pet Population Control Fund, a $25 public | 12 |
| safety fine within 30 days after notice.
| 13 |
| (a-5) When an animal has bitten any person other than its | 14 |
| owner or the owner's immediate family, the owner shall pay a | 15 |
| $25 fine to the Administrator. Fines collected under this | 16 |
| subsection shall be deposited into the Animal Control Fund by | 17 |
| the Administrator on a quarterly basis. | 18 |
| (b) When a person has been bitten by a police dog that is | 19 |
| currently vaccinated against rabies,
the police dog may | 20 |
| continue to perform
its duties for the peace officer or law | 21 |
| enforcement agency and any period
of
observation of the police | 22 |
| dog may be under the
supervision of a peace officer.
The | 23 |
| supervision shall consist of the dog being locked in a kennel,
| 24 |
| performing its official duties in a police vehicle, or | 25 |
| remaining under the
constant supervision of its police handler.
| 26 |
| (c) When a person has been bitten by a search and rescue |
|
|
|
09600HB2703ham001 |
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LRB096 07740 JDS 23258 a |
|
| 1 |
| dog that is currently vaccinated against rabies, the search and | 2 |
| rescue dog may continue to perform its duties for the handler | 3 |
| or agency, and any period of observation of the dog may be | 4 |
| under the supervision of its handler. The supervision shall | 5 |
| consist of the dog being locked in a kennel, performing its | 6 |
| official duties in a vehicle, or remaining under the constant | 7 |
| supervision of its handler. | 8 |
| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
| 9 |
| (510 ILCS 5/15) (from Ch. 8, par. 365)
| 10 |
| Sec. 15. (a) In order to have a dog deemed "vicious", the | 11 |
| Administrator,
Deputy
Administrator,
animal control warden, or | 12 |
| law enforcement officer must give notice of the
infraction that
| 13 |
| is the basis of the investigation to the owner, conduct a | 14 |
| thorough
investigation, interview
any witnesses, including the | 15 |
| owner, gather any existing medical records,
veterinary
medical | 16 |
| records or behavioral evidence, and make a detailed report | 17 |
| recommending
a
finding that the dog is a vicious dog , give the | 18 |
| report to the owner, and schedule an administrative hearing | 19 |
| pursuant to the Illinois Administrative Procedure Act before a | 20 |
| hearing officer as defined in this Act or and give the report | 21 |
| to the States
Attorney's Office and the
owner . The | 22 |
| Administrator, Deputy Administrator, State's Attorney, | 23 |
| Director or any citizen of the
county in
which the dog exists | 24 |
| may file a complaint in the circuit court in the name of
the | 25 |
| People of the
State of
Illinois to have a dog deemed deem a dog |
|
|
|
09600HB2703ham001 |
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LRB096 07740 JDS 23258 a |
|
| 1 |
| to be a vicious dog . Testimony of a certified applied
| 2 |
| behaviorist, a
board certified veterinary behaviorist, or | 3 |
| another recognized expert may be
relevant to the
court's | 4 |
| determination of whether the dog's behavior was justified. The
| 5 |
| petitioner must
prove the dog is a vicious dog by clear and | 6 |
| convincing evidence. The
Administrator shall impound or | 7 |
| otherwise determine where the animal shall be confined during | 8 |
| the
pendency of the case. The death of the dog, regardless of | 9 |
| the cause or method, shall not prevent it from being deemed a | 10 |
| vicious dog.
| 11 |
| A dog may not be declared vicious if the court or | 12 |
| administrative hearing officer determines the conduct of
the
| 13 |
| dog was
justified . because:
| 14 |
| (1) the threat, injury, or death was sustained by a | 15 |
| person who at the time
was
committing a crime or offense | 16 |
| upon the owner or custodian of the dog, or was committing a | 17 |
| willful trespass or other tort upon the premises or | 18 |
| property owned or occupied by the owner of the animal;
| 19 |
| (2) the injured, threatened, or killed person was | 20 |
| abusing,
assaulting,
or physically threatening the dog or | 21 |
| its offspring, or has in the past
abused,
assaulted, or | 22 |
| physically threatened the dog or its offspring; or
| 23 |
| (3) the dog was responding to pain or injury, or was | 24 |
| protecting itself, its
owner,
custodian, or member of its | 25 |
| household, kennel, or offspring.
| 26 |
| No dog shall be deemed "vicious" if it is a professionally |
|
|
|
09600HB2703ham001 |
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LRB096 07740 JDS 23258 a |
|
| 1 |
| trained dog for
law
enforcement or guard duties. Vicious dogs | 2 |
| shall not be classified
in a manner that is specific as to | 3 |
| breed.
| 4 |
| If the burden of proof has been met, the court or | 5 |
| Administrative Hearing Officer shall deem the dog to be a
| 6 |
| vicious dog.
| 7 |
| (b) If a dog is found to be a vicious dog, the owner shall | 8 |
| pay a $500 $100 public safety fine , which shall be deposited by | 9 |
| the Administrator into the Animal Control Fund in the County | 10 |
| where the attack occurred, and the court or administrative | 11 |
| hearing officer shall order the dog to be enclosed or | 12 |
| euthanized. If subject to enclosure, to be deposited into the | 13 |
| Pet Population Control Fund, the dog , if not already, shall , at | 14 |
| the expense of its owners, be microchipped and spayed or
| 15 |
| neutered (i) prior to release from impoundment or confinement | 16 |
| or (ii) within a prescribed period of time not to exceed 10 | 17 |
| days after of the finding at the expense of its
owner and | 18 |
| microchipped, if not already, and the dog is subject to
| 19 |
| enclosure . A dog found to be a vicious dog shall not be | 20 |
| released to the owner until the Administrator, Deputy | 21 |
| Administrator, Animal Control Warden, or Director inspects and | 22 |
| approves the enclosure. An enclosure shall be subject to annual | 23 |
| inspection and approval by the Administrator, Deputy | 24 |
| Administrator, Animal Control Warden, or Director. The | 25 |
| Administrator shall order the owner of a vicious dog to display | 26 |
| in a prominent place a clearly visible sign of appropriate size |
|
|
|
09600HB2703ham001 |
- 24 - |
LRB096 07740 JDS 23258 a |
|
| 1 |
| declaring that a vicious dog resides at that location. The | 2 |
| Administrator shall approve the design of the sign and may | 3 |
| require additional signs located at other points of entry. If | 4 |
| an owner fails to comply with these requirements, the animal | 5 |
| control agency shall impound the dog and the owner shall pay a | 6 |
| $500 fine plus impoundment fees to the animal control agency | 7 |
| impounding the dog. The judge has the discretion to order a | 8 |
| vicious dog be euthanized. A dog found to be a vicious dog | 9 |
| shall not be released to the
owner until the Administrator, an | 10 |
| Animal Control Warden, or the
Director approves the enclosure. | 11 |
| It is unlawful for the owner of a vicious dog to sell, give | 12 |
| away, or otherwise dispose of such a dog except by humane | 13 |
| euthanasia. No owner or
keeper of a vicious dog shall sell or | 14 |
| give away the dog without
approval from the Administrator or | 15 |
| court. Whenever an owner of a vicious dog intends to relocate | 16 |
| relocates , he or she shall notify
both the
Administrator of
the | 17 |
| County
Animal Control where he or she plans to relocate has | 18 |
| relocated and the Administrator of the County
Animal Control | 19 |
| where he or she currently resides formerly resided . Whenever an | 20 |
| owner of a vicious dog intends to relocate to another state, he | 21 |
| or she shall notify (i) the Administrator or other comparable | 22 |
| authority in the jurisdiction where he or she plans to relocate | 23 |
| and (ii) the Administrator of the County Animal Control where | 24 |
| he or she currently resides. The dog shall not be relocated | 25 |
| until the new location and the manner of relocation have been | 26 |
| approved by the appropriate authority.
|
|
|
|
09600HB2703ham001 |
- 25 - |
LRB096 07740 JDS 23258 a |
|
| 1 |
| If at any time an owner fails to comply with these | 2 |
| requirements, the animal control agency shall impound the dog, | 3 |
| and the owner shall pay a $1,000 fine plus impoundment fees to | 4 |
| the animal control agency impounding the dog. | 5 |
| (c) (b) It shall be unlawful for any person to keep or | 6 |
| maintain any dog
which has been found to be a vicious dog | 7 |
| unless the dog is
kept in an enclosure. The only times that a | 8 |
| vicious dog may be allowed out
of the enclosure are (1) if it | 9 |
| is necessary for the owner or keeper to
obtain veterinary care | 10 |
| for the dog, (2) in the case of an emergency or
natural | 11 |
| disaster where the
dog's life is threatened, or (3) to comply | 12 |
| with the order of a
court of competent jurisdiction, provided | 13 |
| that the dog is securely muzzled
and restrained with a leash | 14 |
| not
exceeding 6 feet in length with a minimum tensile strength | 15 |
| of 300 pounds , and shall be under the direct control and
| 16 |
| supervision of the owner or keeper of the dog or muzzled in its | 17 |
| residence .
| 18 |
| (d) Any dog which has been found to be a vicious dog and | 19 |
| which is not
confined to an enclosure shall be impounded by the | 20 |
| Administrator, an Animal
Control Warden, or the law enforcement | 21 |
| authority having jurisdiction in
such area , and the owner shall | 22 |
| pay a $1,000 fine plus impoundment fees to the animal control | 23 |
| agency impounding the dog .
| 24 |
| (e) If the owner of the dog has not appealed the | 25 |
| impoundment order to the
circuit court in the county in which | 26 |
| the animal was impounded within 10 business 15
working days, |
|
|
|
09600HB2703ham001 |
- 26 - |
LRB096 07740 JDS 23258 a |
|
| 1 |
| the dog shall may be euthanized.
| 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 notification | 5 |
| to animal control in writing.
| 6 |
| (f) Guide dogs for the blind or hearing impaired, support | 7 |
| dogs for the
physically handicapped, and sentry, guard, or
| 8 |
| police-owned dogs are
exempt from this Section; provided, an | 9 |
| attack or injury to a person
occurs while the dog is performing | 10 |
| duties as expected. To qualify for
exemption under this | 11 |
| Section, each such dog shall be currently
inoculated against | 12 |
| rabies in accordance with Section 8
of this Act. It shall be | 13 |
| the duty of the owner of such exempted dog to
notify the | 14 |
| Administrator of changes of address. In the case of a sentry or
| 15 |
| guard dog, the owner shall keep the Administrator advised of | 16 |
| the location
where such dog will be stationed. The | 17 |
| Administrator shall provide police
and fire departments with a | 18 |
| categorized list of such exempted dogs, and
shall promptly | 19 |
| notify such departments of any address changes reported to him.
| 20 |
| (g) (c) If the animal control agency has custody of the | 21 |
| dog, pursuant to this Section, the agency may file a petition | 22 |
| with the court requesting that the owner be ordered to post | 23 |
| security. The security must be in an amount sufficient to | 24 |
| secure payment of all reasonable expenses expected to be | 25 |
| incurred by the animal control agency or animal shelter in | 26 |
| caring for and providing for the dog pending the determination. |
|
|
|
09600HB2703ham001 |
- 27 - |
LRB096 07740 JDS 23258 a |
|
| 1 |
| Reasonable expenses include, but are not limited to, estimated | 2 |
| medical care and boarding of the animal for 30 days. If | 3 |
| security has been posted in accordance with this Section, the | 4 |
| animal control agency may draw from the security the actual | 5 |
| costs incurred by the agency in caring for the dog. | 6 |
| (h) (d) Upon receipt of a petition, the court must set a | 7 |
| hearing on the petition, to be conducted within 5 business days | 8 |
| after the petition is filed. The petitioner must serve a true | 9 |
| copy of the petition upon the defendant at least 48 hours | 10 |
| before the scheduled hearing . | 11 |
| (i) (e) If the court orders the posting of security, the | 12 |
| security must be posted with the clerk of the court within 5 | 13 |
| business days after the hearing. If the person ordered to post | 14 |
| security does not do so, the dog is forfeited by operation of | 15 |
| law and the animal control agency shall must dispose of the | 16 |
| animal through adoption or humane euthanasia euthanization .
| 17 |
| (j) The Administrator may require the dog to wear a bright | 18 |
| fluorescent yellow collar visible at 50 feet in normal | 19 |
| daylight. The Administrator shall provide the collar at the | 20 |
| owner's expense. | 21 |
| (k) The owner or custodian of the dog shall notify the | 22 |
| Animal Control Facility or the Administrator immediately in the | 23 |
| event the dog is running at large, has committed an attack on | 24 |
| any person or animal, or has died. | 25 |
| (l) The owner of a vicious dog may be prohibited from | 26 |
| owning, possessing, controlling, or having custody of any dog |
|
|
|
09600HB2703ham001 |
- 28 - |
LRB096 07740 JDS 23258 a |
|
| 1 |
| for a period of up to 3 years if the court or administrative | 2 |
| hearing officer determines that the person's ownership or | 3 |
| possession of a dog by the person would create a significant | 4 |
| threat to the public health, safety, and welfare. | 5 |
| (m) A person who violates subsection (f), (g), or (h) of | 6 |
| this Section is subject to a $1,000 fine. | 7 |
| (n) For purposes of this Section, all costs of impoundment, | 8 |
| disposition, boarding, medical, or other costs related to the | 9 |
| determination of a vicious dog shall be borne by the owner. | 10 |
| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
| 11 |
| (510 ILCS 5/15.1)
| 12 |
| Sec. 15.1. Dangerous dog determination.
| 13 |
| (a) After a thorough investigation
including: sending, | 14 |
| within 10 business days of the Administrator or Director | 15 |
| becoming
aware of the alleged infraction,
notifications to the | 16 |
| owner of the alleged infractions, the fact of the
initiation of | 17 |
| an investigation,
and
affording the owner an opportunity to | 18 |
| meet with the Administrator or
Director prior to the making of | 19 |
| a determination;
gathering of
any medical or veterinary | 20 |
| evidence; interviewing witnesses; and making a
detailed
| 21 |
| written report, an animal control warden, deputy | 22 |
| administrator, or law
enforcement agent
may ask the | 23 |
| Administrator, or his or her designee, or the Director, to deem | 24 |
| a
dog to be
"dangerous". No dog shall be deemed a "dangerous | 25 |
| dog" unless shown to be a dangerous dog by a preponderance of |
|
|
|
09600HB2703ham001 |
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LRB096 07740 JDS 23258 a |
|
| 1 |
| evidence. The owner shall be sent immediate notification of the | 2 |
| determination
by registered or certified mail that includes a | 3 |
| complete description of the
appeal
process.
| 4 |
| (b) A dog shall not be declared dangerous if the | 5 |
| Administrator,
or his or her designee, or the Director | 6 |
| determines the
conduct of the dog was justified . because:
| 7 |
| (1) the threat was sustained by a person
who at the | 8 |
| time was committing a crime or offense upon the owner or
| 9 |
| custodian of the dog or was committing a willful trespass | 10 |
| or other tort upon the premises or property occupied by the | 11 |
| owner of the animal;
| 12 |
| (2) the threatened person was
abusing, assaulting, or | 13 |
| physically threatening the dog or
its offspring;
| 14 |
| (3) the injured, threatened, or killed companion | 15 |
| animal
was attacking or threatening to attack the dog or | 16 |
| its offspring; or
| 17 |
| (4) the dog was responding to pain or injury or was
| 18 |
| protecting itself, its owner, custodian, or a member of its | 19 |
| household,
kennel, or offspring.
| 20 |
| (c) Testimony of a certified applied behaviorist, a board | 21 |
| certified
veterinary behaviorist, or another recognized expert | 22 |
| may be relevant to
the determination of whether the dog's | 23 |
| behavior was
justified pursuant to the provisions of this | 24 |
| Section.
| 25 |
| (c) (d) If deemed dangerous, the Administrator, or his or | 26 |
| her designee, or the
Director shall order (i) the dog's owner |
|
|
|
09600HB2703ham001 |
- 30 - |
LRB096 07740 JDS 23258 a |
|
| 1 |
| to pay a $150 $50 public safety fine to be deposited into the | 2 |
| Animal Pet Population Control Fund, (ii) the dog to be spayed | 3 |
| or neutered within
10 business 14
days
at the
owner's expense | 4 |
| and microchipped, if not already, and (iii) one or more of the
| 5 |
| following
as deemed appropriate under
the
circumstances and | 6 |
| necessary for the protection of the public:
| 7 |
| (1) evaluation of the dog by a certified applied | 8 |
| behaviorist, a
board certified veterinary behaviorist, or | 9 |
| another recognized expert in
the field and completion of | 10 |
| training or other treatment as deemed
appropriate by the | 11 |
| expert. The owner of the dog shall be responsible
for all | 12 |
| costs associated with evaluations and training ordered | 13 |
| under
this subsection; or
| 14 |
| (2) the dog to be under the physical control of direct | 15 |
| supervision by an adult 18 years of age or older
whenever | 16 |
| the animal is off of the on public premises of its owner .
| 17 |
| (d) (e) The Administrator may order a dangerous dog to be | 18 |
| muzzled
whenever it is off of the on public premises of its | 19 |
| owner in a manner that
will prevent
it from biting any person | 20 |
| or animal, but that shall not injure the dog or
interfere with | 21 |
| its
vision or respiration.
| 22 |
| (e) The Administrator may order a dangerous dog to be | 23 |
| restrained to its owner's property in a manner approved by the | 24 |
| Administrator. | 25 |
| (f) The Administrator shall order each owner of a dangerous | 26 |
| dog to display in a prominent place on the premises where a |
|
|
|
09600HB2703ham001 |
- 31 - |
LRB096 07740 JDS 23258 a |
|
| 1 |
| dangerous dog resides a clearly visible sign of appropriate | 2 |
| size declaring that a dangerous dog resides at that location. | 3 |
| The Administrator shall approve the design of the sign and may | 4 |
| require additional signs located at other points of entry. | 5 |
| (g) The Administrator may require the dog to wear a bright | 6 |
| fluorescent yellow collar visible at 50 feet in normal | 7 |
| daylight. The Administrator must provide the collar at the | 8 |
| owner's expense. | 9 |
| (h) Whenever an owner of a dangerous dog relocates, he or | 10 |
| she shall notify both the Administrator of the County Animal | 11 |
| Control where he or she has relocated and the Administrator of | 12 |
| the County Animal Control where he or she formerly resided. | 13 |
| Whenever an owner of a dangerous dog relocates to another | 14 |
| state, he or she shall notify (i) the Administrator or other | 15 |
| comparable authority in the jurisdiction where he or she | 16 |
| relocates and (ii) the Administrator of the County Animal | 17 |
| Control where he or she formerly resided. | 18 |
| (i) The owner or custodian of the dog shall notify the | 19 |
| Animal Control Facility or the Administrator immediately in the | 20 |
| event the dog is running at large, has committed an attack on | 21 |
| any person or animal, or has died. | 22 |
| (j) No owner or keeper of a vicious dog shall sell or give | 23 |
| away the dog without approval from the Administrator or court. | 24 |
| (k) (f) Guide dogs for the blind or hearing impaired, | 25 |
| support dogs for the
physically handicapped, and sentry, guard, | 26 |
| or
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 |
| requirements of this Act.
| 16 |
| (l) If the owner of a dangerous dog fails to comply with | 17 |
| the Administrator's order, the dog shall be impounded, and the | 18 |
| owner shall pay a $500 fine. The dog may be returned to the | 19 |
| owner upon payment of all costs associated with the impoundment | 20 |
| and compliance with the order within 7 business days after the | 21 |
| impoundment. Failure to pay the fine and comply with the order | 22 |
| within the prescribed period will result in the euthanization | 23 |
| of the dog. | 24 |
| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
| 25 |
| (510 ILCS 5/15.2)
|
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| Sec. 15.2. Dangerous dogs; leash. It is unlawful for any | 2 |
| person to
knowingly or recklessly permit
any
dangerous
dog to | 3 |
| leave the premises of its owner when not muzzled, if required, | 4 |
| and under control by a leash having a minimum tensile strength | 5 |
| of 300 pounds and not exceeding 6 feet in length, or other
| 6 |
| recognized control methods.
| 7 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 8 |
| (510 ILCS 5/15.5 new)
| 9 |
| Sec. 15.5. Recognition of Out-of-State Determinations. | 10 |
| Out-of-State determinations, declarations, and orders deeming | 11 |
| a dog vicious, dangerous, or potentially dangerous shall be | 12 |
| valid in Illinois. The owner of a dog determined to be or | 13 |
| declared to be vicious, dangerous, or potentially dangerous by | 14 |
| another state and that is relocated to Illinois or transported | 15 |
| through Illinois shall comply with the requirements in this | 16 |
| Act. In the case of a dog being permanently relocated to | 17 |
| Illinois, the owner shall notify the Administrator of the | 18 |
| County where the owner plans to reside within 10 business days | 19 |
| after the dog enters the State. | 20 |
| (510 ILCS 5/16.1 new) | 21 |
| Sec. 16.1. Dog injuring or killing a person. Any person who | 22 |
| observes another person being injured or wounded by a dog may | 23 |
| kill the dog. No person shall be liable for injuring or killing | 24 |
| the dog.
|
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| (510 ILCS 5/16.5)
| 2 |
| Sec. 16.5. Expenses of microchipping. A clinic for
| 3 |
| microchipping companion animals of county residents should be | 4 |
| conducted at
least once a year
under the direction of the | 5 |
| Administrator or, if the Administrator is not a
veterinarian, | 6 |
| the Deputy Administrator at the animal control facility,
animal | 7 |
| shelter, or other central location within the county. The | 8 |
| maximum
amount that can be charged for microchipping an animal | 9 |
| at this clinic shall be
$15. Funds generated from this clinic | 10 |
| shall be deposited in the
county's animal control fund.
| 11 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 12 |
| (510 ILCS 5/17) (from Ch. 8, par. 367)
| 13 |
| Sec. 17.
For the purpose of
making
inspections hereunder, | 14 |
| the Administrator, or his or her authorized
representative,
or | 15 |
| any law enforcement officer may enter upon private
premises, | 16 |
| provided that the entry shall not be made into any building | 17 |
| that is
a person's residence, to apprehend a
straying dog or | 18 |
| other animal, a dangerous or vicious dog or other
animal, or an | 19 |
| animal thought to be infected with rabies , an animal that has | 20 |
| reportedly bitten a person, or an animal in violation of any | 21 |
| provision of this Act . If, after request
therefor, the owner of | 22 |
| the dog or other animal shall refuse to
deliver the
dog or | 23 |
| other animal to the officer, the owner shall be in violation of | 24 |
| this
Act.
|
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| 1 |
| (Source: P.A. 93-548, eff. 8-19-03.)
| 2 |
| (510 ILCS 5/22.5 new) | 3 |
| Sec. 22.5. Reports of animal control facilities. | 4 |
| (a) Each animal control facility in the State shall report | 5 |
| all dog bites occurring within its jurisdiction to the | 6 |
| Department by March 1st of each year. Dog bites shall be | 7 |
| reported by breed. | 8 |
| (b) Each animal control facility in the State shall report | 9 |
| each declared dangerous and vicious dogs in its jurisdiction to | 10 |
| the Department within 30 days after the dog is declared | 11 |
| dangerous or vicious. | 12 |
| (c) Each animal control facility in the State shall report | 13 |
| the relocation of each declared dangerous and vicious dog in | 14 |
| its jurisdiction to the Department within 30 days after the dog | 15 |
| is relocated. | 16 |
| (d) The Department shall make available to all animal | 17 |
| control agencies and to the public, an Internet web site | 18 |
| containing the description, location, and ownership | 19 |
| information of dangerous and vicious dogs. | 20 |
| (e) The Department shall adopt rules for the implementation | 21 |
| of this Section.
| 22 |
| (510 ILCS 5/26) (from Ch. 8, par. 376)
| 23 |
| Sec. 26. (a) Except as otherwise provided in this Act, any | 24 |
| person violating or aiding in or abetting the violation
of any |
|
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| 1 |
| provision of this Act, or counterfeiting or forging any | 2 |
| certificate,
permit, or tag, or making any misrepresentation in | 3 |
| regard to any matter
prescribed by this Act, or resisting, | 4 |
| obstructing, or impeding the
Administrator or any authorized | 5 |
| officer in enforcing this Act, or refusing
to produce for | 6 |
| inoculation any dog in his possession, or who removes a tag | 7 |
| from
a dog or cat for purposes of
destroying or concealing its | 8 |
| identity, is guilty of a Class C misdemeanor for a
first | 9 |
| offense and for a subsequent offense, is guilty of a Class B
| 10 |
| misdemeanor.
| 11 |
| Each day a person fails to comply constitutes a separate | 12 |
| offense. Each
State's Attorney to whom the Administrator | 13 |
| reports any violation of this
Act shall cause appropriate | 14 |
| proceedings to be instituted in the proper
courts without delay | 15 |
| and to be prosecuted in the manner provided by law.
| 16 |
| (b) If the owner of a vicious dog subject to enclosure:
| 17 |
| (1) fails to maintain or keep the dog in an enclosure | 18 |
| or fails to spay
or neuter the dog or microchip the dog | 19 |
| within the time period prescribed; and
| 20 |
| (2) the dog inflicts physical injury or serious | 21 |
| physical injury upon any other person or companion animal | 22 |
| or causes or contributes to the death of
another person or | 23 |
| companion animal ; and
| 24 |
| (3) the attack is unprovoked in a place where such | 25 |
| person is peaceably
conducting himself or herself and where | 26 |
| such person may lawfully be;
|
|
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| the owner shall
be guilty of a Class 3 felony , and the | 2 |
| Administrator shall impound and euthanize the dog , unless the | 3 |
| owner knowingly
allowed the
dog to run at large or failed to | 4 |
| take steps to keep the dog in an enclosure
then the owner shall | 5 |
| be guilty of a Class 2 felony and the Administrator shall | 6 |
| impound and euthanize the dog . The penalty
provided in
this | 7 |
| paragraph shall be in addition to any other criminal or civil | 8 |
| sanction
provided by law.
| 9 |
| (c) If the owner of a dangerous dog knowingly fails to | 10 |
| comply with any
order
regarding the dog and the dog inflicts | 11 |
| physical injury or serious physical
injury on a person or a | 12 |
| companion animal, the owner shall be guilty of a Class 4 felony | 13 |
| and the Administrator shall impound and euthanize the dog . If | 14 |
| the
owner of a dangerous dog knowingly fails to comply with any | 15 |
| order regarding the
dog and
the dog kills a person or | 16 |
| contributes to the death of a person the owner shall be guilty | 17 |
| of a Class 3 felony and the Administrator shall impound and | 18 |
| euthanize the dog .
| 19 |
| (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05; | 20 |
| 94-819, eff. 5-31-06.)
| 21 |
| (510 ILCS 5/35)
| 22 |
| Sec. 35. Liability. | 23 |
| (a) Any municipality or political subdivision allowing | 24 |
| feral cat colonies and trap, sterilize, and return programs to | 25 |
| help control cat overpopulation shall be immune from criminal |
|
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| 1 |
| liability and shall not be civilly liable, except for willful | 2 |
| and wanton misconduct, for damages that may result from a feral | 3 |
| cat. Any municipality or political subdivision allowing dog | 4 |
| parks shall be immune from criminal liability and shall not be | 5 |
| civilly liable, except for willful and wanton misconduct, for | 6 |
| damages that may result from occurrences in the dog park. | 7 |
| (b) Any veterinarian or animal shelter who in good faith | 8 |
| contacts the registered owner of a microchipped animal shall be | 9 |
| immune from criminal liability and shall not, as a result of | 10 |
| his or her acts or omissions, except for willful and wanton | 11 |
| misconduct, be liable for civil damages. | 12 |
| (c) Any veterinarian who sterilizes feral cats and any | 13 |
| feral cat caretaker who traps cats for a trap, sterilize, and | 14 |
| return program approved by the Administrator shall be immune | 15 |
| from criminal liability and shall not, as a result of his or | 16 |
| her acts or omissions, except for willful and wanton | 17 |
| misconduct, be liable for civil damages. | 18 |
| (d) Any animal shelter worker who microchips an animal | 19 |
| shall be immune from criminal liability and shall not, as a | 20 |
| result of his or her acts or omissions, except for willful and | 21 |
| wanton misconduct, be liable for civil damages.
| 22 |
| (Source: P.A. 94-639, eff. 8-22-05.)
| 23 |
| (510 ILCS 5/2.18 rep.)
| 24 |
| Section 10. The Animal Control Act is amended by repealing | 25 |
| Section 2.18.".
|
|