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510 ILCS 55/1.2
(510 ILCS 55/1.2) (from Ch. 8, par. 1.2)
Sec. 1.2.
A notice of a violation of this Act shall be given to the person
or owner of livestock running at
large if known and a maximum of 24 hours may be granted in which to make
the necessary corrections if the violation is an accidental occurrence and an
investigation reveals no identifiable individual at fault. Any livestock
allowed to run at large may be impounded at a facility capable of
restraining such livestock. A notice of impoundment shall be delivered to
the owner of such livestock in person or by certified mail.
Law enforcement officials such as State Police, County Sheriffs,
municipal police officers, animal control administrators, animal control officers, or authorized agents of the Illinois Department
of Agriculture, or authorized agents of the Illinois Department of Natural
Resources, or the owner or occupier of land may give notice
and cause stray animals which trespass to be impounded.
The person or persons having stray livestock impounded shall make every
reasonable effort to notify the owner or keeper of the impounded livestock
where such livestock is impounded.
The person or persons requesting impoundment shall be held harmless of
any liability for injury to or for any financial responsibility for such
animals.
Stray animals may be impounded at any public stockyards, livestock
auction markets or any other facilities willing to accept such animals for
impoundment. The impounding facility and its owner or owners shall not be
held liable for any injury or accrue any financial responsibility for such
impounded animals.
Any expense incurred in such impoundment shall become a lien on the
livestock impounded and must be discharged before the livestock are released
from the facility. The livestock may be released to the owner prior
to the expiration of the impoundment period if impoundment costs are
satisfied and the owner provides evidence that he is capable of
restraining the livestock from running at large. If the owner refuses or
fails to provide such restraints, or the impounded animals are not claimed
and incurred costs paid within the period of impoundment,
such animals shall be sold either at a public auction, or through a public
stockyard or a livestock auction market, offered for adoption, or humanely euthanized in accordance with this Section. Before any livestock can be sold, offered for adoption, or humanely euthanized
as herein provided, the person or court requesting the impoundment shall have
published notice of the intended sale, adoption, or euthanization thereof in a newspaper of general
circulation in the area where the
impounded animals were found to be running at large. If the impounded
livestock is not claimed within 10 days after the date of publication of
such notice, the livestock may be sold, offered for adoption, or humanely euthanized in accordance with this Section. The proceeds of the sale shall
be applied first to discharge the lien and costs associated with the sale of the livestock, and any balance shall be paid to
the owner. If any court of competent jurisdiction issues any order
concerning any impounded animal, such animal shall immediately pass to the
jurisdiction and possession of the court bailiff of the jurisdiction in which
the order was issued.
If the lien and costs of the associated sale of the livestock is determined to exceed the expected value of the animal, then the animal may be deemed adoptable by the animal control facility and may be offered for adoption. If no such placement is available, then the animal may be humanely euthanized. (Source: P.A. 98-367, eff. 8-16-13.)
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