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Public Act 101-0295 | ||||
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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 10. The Animal Welfare Act is amended by changing | ||||
Sections 2, 3, 3.2, 3.3, 7, 20.5, and 21 as follows:
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(225 ILCS 605/2) (from Ch. 8, par. 302)
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Sec. 2. Definitions. As used in this Act unless the context | ||||
otherwise
requires:
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"Department" means the Illinois Department of Agriculture.
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"Director" means the Director of the Illinois Department of | ||||
Agriculture.
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"Pet shop operator" means any person who sells, offers to | ||||
sell,
exchange, or offers for adoption with or without charge | ||||
or donation dogs,
cats, birds, fish, reptiles, or other animals | ||||
customarily obtained as pets
in this State. However, a person | ||||
who sells only such animals that he has
produced and raised | ||||
shall not be considered a pet shop operator under this
Act, and | ||||
a veterinary hospital or clinic operated by a veterinarian or
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veterinarians licensed under the Veterinary Medicine and | ||||
Surgery Practice
Act of 2004 shall not be considered a pet shop | ||||
operator under this
Act.
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"Dog dealer" means any person who sells, offers to sell, | ||||
exchange, or
offers for adoption with or without charge or |
donation dogs in this State.
However, a person who sells only | ||
dogs that he has produced and raised shall
not be considered a | ||
dog dealer under this Act, and a veterinary hospital or
clinic | ||
operated by a veterinarian or veterinarians licensed under the
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Veterinary Medicine and Surgery Practice Act of 2004
shall not | ||
be considered a dog dealer under this Act.
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"Secretary of Agriculture" or "Secretary" means the | ||
Secretary of
Agriculture of the United States Department of | ||
Agriculture.
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"Person" means any person, firm, corporation, partnership, | ||
association
or other legal entity, any public or private | ||
institution, the State of
Illinois, or any municipal | ||
corporation or political subdivision of the
State.
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"Kennel operator" means any person who operates an | ||
establishment, other
than an animal control facility, | ||
veterinary hospital, or animal
shelter, where dogs or dogs and | ||
cats are maintained
for boarding, training or similar purposes | ||
for a fee or compensation.
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"Boarding" means a time frame greater than 12 hours or an | ||
overnight period during which an animal is kept by a kennel | ||
operator. | ||
"Cat breeder" means a person who sells, offers to sell, | ||
exchanges, or offers for adoption with or without charge cats | ||
that he or she has produced and raised. A person who owns, has | ||
possession of, or harbors 5 or less females capable of | ||
reproduction shall not be considered a cat breeder. |
"Dog breeder" means a person who sells, offers to sell, | ||
exchanges, or offers for adoption with or without charge dogs | ||
that he has produced and raised. A person who owns, has | ||
possession of, or harbors 5 or less females capable of | ||
reproduction shall not be considered a dog breeder.
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"Animal control facility" means any facility operated by or
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under contract for the State,
county, or any municipal | ||
corporation or political subdivision of the State
for the | ||
purpose of impounding or harboring seized, stray, homeless,
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abandoned or unwanted dogs, cats, and other animals. "Animal | ||
control
facility" also means any
veterinary hospital or clinic | ||
operated by a veterinarian or veterinarians
licensed under the | ||
Veterinary Medicine and Surgery Practice Act of 2004 which
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operates for the above mentioned purpose in addition to its | ||
customary purposes.
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"Animal shelter" means a facility operated, owned, or | ||
maintained by a duly
incorporated humane society, animal | ||
welfare society, or other non-profit
organization for the | ||
purpose of providing for and promoting the welfare,
protection, | ||
and humane treatment of animals. An organization that does not | ||
have its own building that maintains animals solely in foster | ||
homes or other licensees is an "animal shelter" for purposes of | ||
this Act. "Animal shelter" also means any
veterinary hospital | ||
or clinic operated by a veterinarian or veterinarians
licensed | ||
under the Veterinary Medicine and Surgery Practice Act of 2004 | ||
which
operates for the above mentioned purpose in addition to |
its customary purposes.
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"Day care operator" means a person who operates an | ||
establishment, other than an animal control facility, | ||
veterinary hospital, or animal shelter, where dogs or dogs and | ||
cats are kept for a period of time not exceeding 12 hours. | ||
"Foster home" means an entity that accepts the | ||
responsibility for
stewardship of animals that are the | ||
obligation of an animal shelter or animal control facility, not | ||
to
exceed 4 foster animals or 2 litters under 8 weeks of age at | ||
any given time. A written agreement Permits to operate as a | ||
"foster home"
shall be contracted with issued through the | ||
animal shelter or animal control facility.
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"Guard dog service" means an entity that, for a fee, | ||
furnishes or leases
guard or sentry dogs for the protection of | ||
life or property. A person
is not a guard dog service solely | ||
because he or she owns a dog and uses it to
guard his or her | ||
home, business, or farmland.
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"Guard dog" means a type of dog used primarily for the | ||
purpose of defending,
patrolling, or protecting property or | ||
life at a commercial establishment
other than a farm. "Guard | ||
dog" does not include stock dogs used primarily for
handling | ||
and controlling livestock or farm animals, nor does it include
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personally owned pets that also provide security.
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"Return" in return to field or trap, neuter, return program | ||
means to return the cat to field after it has been sterilized | ||
and vaccinated for rabies. |
"Sentry dog" means a dog trained to work without | ||
supervision in a fenced
facility other than a farm, and to | ||
deter or detain unauthorized persons found
within the facility.
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"Probationary status" means the 12-month period following | ||
a series of violations of this Act during which any further | ||
violation shall result in an automatic 12-month suspension of | ||
licensure.
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"Owner" means any person having a right of property in an | ||
animal, who keeps or harbors an animal, who has an animal in | ||
his or her care or acts as its custodian, or who knowingly | ||
permits a dog to remain on any premises occupied by him or her. | ||
"Owner" does not include a feral cat caretaker participating in | ||
a trap, spay/neuter, vaccinate for rabies, and return or | ||
release program. | ||
(Source: P.A. 99-310, eff. 1-1-16; 100-842, eff. 1-1-19; | ||
100-870, eff. 1-1-19; revised 10-22-18.)
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(225 ILCS 605/3) (from Ch. 8, par. 303)
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Sec. 3. (a) Except as provided in subsection (b) of this | ||
Section, no person shall engage in business as a pet shop | ||
operator, dog
dealer, kennel operator, day care operator, dog | ||
breeder, or cat breeder
or operate a guard dog service, an | ||
animal control
facility, or animal shelter, or
any combination | ||
thereof, in this State without a license therefor issued by
the | ||
Department. If one business conducts more than one such | ||
operation, each operation shall be licensed separately. Only |
one license shall be required for any combination of
businesses | ||
at one location, except that a separate license shall be | ||
required
to operate a guard dog service. Guard dog services | ||
that are located outside
this State but provide services within | ||
this State are required to obtain a
license from the | ||
Department. Out-of-state guard dog services are required to
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comply with the requirements of this Act with regard to guard | ||
dogs and sentry
dogs transported to or used within this State.
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(b) This Act does not apply to a private detective agency | ||
or private security agency licensed under the Private | ||
Detective, Private Alarm, Private Security, Fingerprint | ||
Vendor, and
Locksmith Act of 2004 that provides guard dog or | ||
canine odor detection services and does not otherwise operate a | ||
kennel for hire.
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(Source: P.A. 100-842, eff. 1-1-19 .)
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(225 ILCS 605/3.2)
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Sec. 3.2. Foster homes. A person shall not operate a foster | ||
home without affiliating by formal written agreement with an | ||
animal shelter or animal control facility for which that person | ||
will operate the foster home
first obtaining a permit from the | ||
animal shelter or animal control facility for which that person | ||
will
operate the foster home . The written agreement shall | ||
include a clause allowing for the Department to inspect the | ||
foster home. The animal shelter or animal control facility | ||
shall be responsible for the records and have the obligation of |
stewardship for animals in the foster home with which it | ||
affiliates. Upon application and payment of the required fees | ||
by
the animal shelter, the Department shall issue foster home | ||
permits to the
animal shelter. The animal shelter shall be | ||
responsible for the records and
have all the obligations of | ||
stewardship for animals in the foster homes to
which it issues | ||
permits.
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Foster homes shall provide the care for animals
required by | ||
this Act and shall report any deviation that might affect its | ||
adherence to its written agreement with the affiliating animal | ||
shelter or animal control facility the
status of the license or | ||
permit to the animal shelter . If the subject of a complaint, a | ||
foster home may be inspected by the Department under the | ||
Department's licensing authority relative to the affiliating | ||
animal shelter or animal control facility. Refusal of the | ||
Department's inspection may result in revocation of the | ||
license.
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A foster home shall not care for more than 4 foster animals | ||
or more than 2 litters under 8 weeks of age at any one time.
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(Source: P.A. 100-870, eff. 1-1-19 .)
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(225 ILCS 605/3.3) | ||
Sec. 3.3. Adoption of dogs and cats. | ||
(a) An animal shelter or animal control facility shall not | ||
adopt out any dog or adopt out or return to field any cat | ||
unless it has been sterilized and microchipped. However, an |
animal shelter , or animal control facility may adopt out a dog | ||
or cat that has not been sterilized and microchipped if: | ||
(1) Blank; or the adopting owner has executed a written | ||
agreement agreeing to have sterilizing and microchipping | ||
procedures performed on the animal to be adopted within a | ||
specified period of time not to exceed 30 days after the | ||
date of the adoption, or | ||
(2) the adopting owner has executed a written agreement | ||
to have sterilizing and microchipping procedures performed | ||
within 14 days after a licensed veterinarian certifies the | ||
dog or cat is healthy enough for sterilizing and | ||
microchipping procedures, and a licensed veterinarian has | ||
certified that the dog or cat is too sick or injured to be | ||
sterilized or it would be detrimental to the health of the | ||
dog or cat to be sterilized or microchipped at the time of | ||
the adoption. | ||
(b) An animal shelter or animal control facility may adopt | ||
out any dog or cat that is not free of disease, injury, or | ||
abnormality if the disease, injury, or abnormality is disclosed | ||
in writing to the adopter, and the animal shelter or animal | ||
control facility allows the adopter to return the animal to the | ||
animal shelter or animal control facility. | ||
(c) The requirements of subsections (a) and (b) of this | ||
Section do not apply to adoptions subject to Section 11 of the | ||
Animal Control Act.
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(Source: P.A. 96-314, eff. 8-11-09.)
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(225 ILCS 605/7) (from Ch. 8, par. 307)
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Sec. 7.
Applications for renewal licenses shall be made to | ||
the
Department in a manner prescribed by the
Department, shall | ||
contain such information as will enable the Department
to | ||
determine if the applicant is qualified to continue to hold a | ||
license, shall report beginning inventory and intake and | ||
outcome statistics from the previous calendar year, and shall | ||
be accompanied by the required fee, which shall not be
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returnable. The report of intake and outcome statistics shall | ||
include the following:
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(1) The total number of dogs, cats, and other animals, | ||
divided into species, taken in by the animal shelter or | ||
animal control facility, in the following categories: | ||
(A) surrendered by owner; | ||
(B) stray; | ||
(C) impounded other than stray; | ||
(D) confiscated under the Humane Care for Animals | ||
Act; | ||
(E) transfer from other licensees within the | ||
State; | ||
(F) transferred into or imported from out of the | ||
State; | ||
(G) transferred into or imported from outside the | ||
country; and | ||
(H) born in shelter or animal control facility. |
(2) The disposition of all dogs, cats, and other | ||
animals taken in by the animal shelter or animal control | ||
facility, divided into species. This data must include | ||
dispositions by: | ||
(A) reclamation by owner; | ||
(B) adopted or sold; | ||
(C) euthanized; | ||
(D) euthanized per request of the owner; | ||
(E) died in custody; | ||
(F) transferred to another licensee; | ||
(G) transferred to an out-of-State nonprofit | ||
agency; | ||
(H) animals missing, stolen, or escaped; | ||
(I) cats returned animals released in field; | ||
trapped, neutered, released; and | ||
(J) ending inventory; shelter count at end of the | ||
last day of the year. | ||
The Department shall not be required to audit or validate | ||
the intake and outcome statistics required to be submitted | ||
under this Section. | ||
(Source: P.A. 100-870, eff. 1-1-19 .)
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(225 ILCS 605/20.5) | ||
Sec. 20.5. Administrative fines. The following | ||
administrative fines may shall be imposed by the Department | ||
upon any person or entity who violates any provision of this |
Act or any rule adopted by the Department under this Act: | ||
(1) For the first violation, a fine of $1,000 $500 . | ||
(2) For a second violation that occurs within 2 3 years | ||
after the first violation, a fine of $2,500 $1,000 . | ||
(3) For a third violation that occurs within 2 3 years | ||
after the first violation, mandatory probationary status | ||
and a fine of $3,000 $2,500 .
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If a person or entity fails or refuses to pay an | ||
administrative fine authorized by this Section, the Department | ||
may prohibit that person or entity from renewing a license | ||
under this Act until the fine is paid in full. Any penalty of | ||
$500 or more not paid within 120 days of issuance by the | ||
Department shall be submitted to the Department of Revenue for | ||
collection as provided under the Illinois State Collection Act | ||
of 1986. | ||
(Source: P.A. 98-855, eff. 8-4-14.)
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(225 ILCS 605/21) (from Ch. 8, par. 321)
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Sec. 21.
The following fees shall accompany each | ||
application for a license,
which fees shall not be returnable:
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a. for an original license to an individual ...... $350 $25
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b. for an original license to a partnership , animal | ||
shelter, or animal control facility or
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corporation .............................. $350 $25
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c. for an annual renewal license ................. $100 $25
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d. for each branch office license ................ $100 $25
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e. for the renewal of any license not renewed by
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July 1 of the year ....................... $400 $40
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f. (blank) for a permit for a foster home $25
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g. (blank) for renewal of a permit for a foster home $25
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(Source: P.A. 89-178, eff. 7-19-95.)
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Section 15. The Animal Control Act is amended by changing | ||
Sections 2.01, 2.07, 2.16, 11, 24, and 35 and by adding | ||
Sections 2.19-3 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. "Administrator" means a | ||
veterinarian licensed by the State of
Illinois
and appointed | ||
pursuant to this Act, or in the event a veterinarian cannot be
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found and appointed pursuant to this Act, a non-veterinarian | ||
may serve as
Administrator under this Act. In the event the | ||
Administrator is not a
veterinarian, the Administrator shall | ||
defer to the Deputy Administrator veterinarian regarding all
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medical decisions.
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(Source: P.A. 93-548, eff. 8-19-03.)
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(510 ILCS 5/2.07) (from Ch. 8, par. 352.07)
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Sec. 2.07. Deputy Administrator. "Deputy Administrator" | ||
means a veterinarian licensed by the State
of
Illinois, | ||
appointed by the Administrator or the County Board .
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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. "Owner" means any person having a right | ||
of property in an
animal, or who keeps or harbors an animal, or | ||
who has it
in his
care, or acts as its custodian, or who | ||
knowingly permits a dog to remain on any premises occupied by | ||
him or her. "Owner" does not include a feral cat caretaker | ||
participating in a trap, spay/neuter, vaccinate for rabies, and | ||
return or release program.
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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 5/2.19-3 new) | ||
Sec. 2.19-3. Return. "Return" in return to field or trap, | ||
neuter, return program means to return the cat to field after | ||
it has been sterilized and vaccinated for rabies.
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(510 ILCS 5/11) (from Ch. 8, par. 361)
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Sec. 11. Animal placement. When not redeemed by the owner, | ||
agent, or caretaker, a dog or cat must be scanned for a | ||
microchip. If a microchip is present, the registered owner or | ||
chip purchaser if the purchaser was a nonprofit organization, | ||
animal shelter, animal control facility, pet store, breeder, or | ||
veterinary office must be notified. After contact has been made | ||
or attempted, dogs or cats deemed adoptable by the animal | ||
control facility shall be offered for adoption, or made | ||
available to a licensed animal shelter, humane society or |
rescue group. After contact has been made or attempted, the | ||
animal control facility may either: (1) offer the cat for | ||
adoption; (2) return to field or transfer the cat after | ||
sterilization; or (3) make the cat available to a licensed | ||
animal shelter or animal control facility. The If no placement | ||
is available, the animal may be
humanely dispatched pursuant to | ||
the Humane Euthanasia in Animal Shelters
Act. An animal control | ||
facility or animal pound
or animal shelter shall not adopt or | ||
release any dog or cat to anyone other than the owner or a | ||
foster home unless the animal has been rendered incapable of
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reproduction
and microchipped . , or the person wishing to adopt
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an animal prior
to the surgical procedures having been | ||
performed shall have executed a written
agreement promising to | ||
have such service performed, including
microchipping, within
a | ||
specified period
of time not to exceed 30 days. Failure to | ||
fulfill the terms of the
agreement shall result in
seizure and | ||
impoundment of the animal and any offspring by the animal pound | ||
or shelter, and
any monies which have been deposited shall be | ||
forfeited and submitted to the county Pet Population Control | ||
Fund on a yearly basis. This Act shall not
prevent humane | ||
societies or animal shelters from engaging in activities set | ||
forth by their
charters; provided, they are not inconsistent | ||
with provisions of this Act
and other existing laws. No animal | ||
shelter or animal control facility shall
release dogs or cats | ||
to an individual representing a rescue group, unless the
group | ||
has been licensed or has a foster care permit issued by the |
Illinois Department of Agriculture or
is a representative of a | ||
not-for-profit out-of-state organization, animal shelter, or | ||
animal control facility. The Department may suspend or
revoke | ||
the license of
any animal shelter or animal control facility | ||
that fails to comply with the
requirements set forth in this | ||
Section or that fails to report its intake and euthanasia | ||
statistics as required by law each year.
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(Source: P.A. 100-870, eff. 1-1-19 .)
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(510 ILCS 5/24) (from Ch. 8, par. 374)
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Sec. 24. Limitations. Nothing in this Act shall be held to | ||
limit in any manner the power
of any municipality or other | ||
political subdivision to prohibit animals from
running at | ||
large, nor shall anything in this Act be construed to, in any
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manner, limit the power of any municipality or other political | ||
subdivision
to further control and regulate dogs, cats or other | ||
animals in such
municipality or other political subdivision | ||
provided that no regulation , policy or
ordinance is
specific to | ||
breed.
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(Source: P.A. 93-548, eff. 8-19-03.)
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(510 ILCS 5/35)
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Sec. 35. Liability. | ||
(a) Any municipality , or political subdivision , or State | ||
university or community college allowing feral cat colonies and | ||
trap, sterilize, vaccinate for rabies, and return programs to |
help control cat overpopulation shall be immune from criminal | ||
liability and shall not be civilly liable, except for willful | ||
and wanton misconduct, for damages that may result from a feral | ||
cat. Any municipality or political subdivision allowing dog | ||
parks shall be immune from criminal liability and shall not be | ||
civilly liable, except for willful and wanton misconduct, for | ||
damages that may result from occurrences in the dog park. | ||
(b) Any veterinarian , or animal shelter , or animal control | ||
facility who in good faith contacts the registered owner, | ||
agent, or caretaker of a microchipped animal shall be immune | ||
from criminal liability and shall not, as a result of his or | ||
her acts or omissions, except for willful and wanton | ||
misconduct, be liable for civil damages. | ||
(c) Any veterinarian who sterilizes feral cats and any | ||
feral cat caretaker who traps cats for a trap, sterilize, | ||
vaccinate for rabies, and return program shall be immune from | ||
criminal liability and shall not, as a result of his or her | ||
acts or omissions, except for willful and wanton misconduct, be | ||
liable for civil damages. | ||
(d) Any animal shelter or animal control facility worker | ||
who microchips an animal shall be immune from criminal | ||
liability and shall not, as a result of his or her acts or | ||
omissions, except for willful and wanton misconduct, be liable | ||
for civil damages.
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(Source: P.A. 97-240, eff. 1-1-12.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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