Public Act 93-0548

HB0184 Enrolled                      LRB093 04436 LCB 04488 b

    AN ACT in relation to animals.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

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

    (510 ILCS 5/2.01) (from Ch. 8, par. 352.01)
    Sec. 2.01.  "Administrator" means a veterinarian licensed
by the State of Illinois and appointed pursuant to this  Act,
or  in the event a veterinarian cannot be 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
veterinarian regarding all medical decisions. his or her duly
authorized representative.
(Source: P.A. 78-795.)

    (510 ILCS 5/2.02) (from Ch. 8, par. 352.02)
    Sec.  2.02.  "Animal"  means  every  living  creature any
animal, other than man, which may be affected by rabies.
(Source: P.A. 78-795.)

    (510 ILCS 5/2.03) (from Ch. 8, par. 352.03)
    Sec. 2.03.  "Animal  Control  Warden"  means  any  person
appointed  by  the Administrator and approved by the Board to
perform  the  duties  set  forth  in  as  assigned   by   the
Administrator to effectuate this Act.
(Source: P.A. 78-795.)
    (510 ILCS 5/2.03a new)
    Sec.  2.03a.  "Business  day"  means  any  day  including
holidays  that  the  animal  control  facility is open to the
public for animal reclaims.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    (510 ILCS 5/11) (from Ch. 8, par. 361)
    Sec.  11.  When  not  redeemed by the owner, a dog or cat
that has been impounded for  failure  to  be  inoculated  and
registered,  if applicable, in accordance with the provisions
of this Act or  a  cat  that  has  been  impounded  shall  be
humanely  dispatched  pursuant  to  the  Humane Euthanasia in
Animal Shelters Act or offered for adoption. An animal  pound
or  animal  shelter shall not release any dog or cat when not
redeemed by the owner unless the animal has  been  surgically
rendered  incapable  of  reproduction by spaying or neutering
and microchipped, or the person wishing to  adopt  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 60  days.   Failure
to fulfill the terms of the agreement shall result in seizure
and impoundment of the animal by the animal pound or shelter,
and  any monies which have been deposited shall be forfeited.
This Act shall not prevent humane societies 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 by the
Illinois Department  of  Agriculture  or  incorporated  as  a
not-for-profit  organization.   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 Any person purchasing or adopting such dog,
with or without charge or donation, must pay for  the  rabies
inoculation of such dog and registration if applicable.
(Source: P.A. 92-449, eff. 1-1-02.)

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

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

    (510 ILCS 5/15) (from Ch. 8, par. 365)
    Sec. 15. (a) In order to have a dog deemed "vicious", the
Administrator, Deputy Administrator, animal  control  warden,
or law enforcement officer must give notice of the infraction
that  is the basis of the investigation to the owner, conduct
a thorough investigation, interview any witnesses,  including
the  owner,  gather  any existing medical records, veterinary
medical records or behavioral evidence, and make  a  detailed
report  recommending  a finding that the dog is a vicious dog
and give the report to the States Attorney's Office  and  the
owner.  The  Administrator, State's Attorney, Director or any

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

    (510 ILCS 5/15.1 new)
    Sec. 15.1.  Dangerous dog determination.
    (a)  After  a  thorough investigation including: sending,
within 3 days of the Administrator or Director becoming aware
of the alleged infraction, notifications to the owner of  the
alleged  infractions,  the  fact  of  the  initiation  of  an
investigation, and affording the owner an opportunity to meet
with  the  Administrator or Director prior to the making of a
determination;  gathering  of  any  medical   or   veterinary
evidence;  interviewing  witnesses;  and  making  a  detailed
written    report,   an   animal   control   warden,   deputy
administrator,  or  law  enforcement  agent   may   ask   the
Administrator,  or  his  or her designee, or the Director, to
deem a dog to be "dangerous".   No  dog  shall  be  deemed  a
"dangerous  dog"  without clear and convincing evidence.  The
owner  shall  be   sent   immediate   notification   of   the
determination by registered or certified mail that includes a
complete description of the appeal process.
    (b)  A  dog  shall  not  be  declared  dangerous  if  the
Administrator,  or  his  or  her  designee,  or  the Director
determines the conduct of the dog was justified because:
              (1) the threat was sustained by a person who at
         the time was committing a crime or offense upon  the
         owner or custodian of the dog;
              (2)   the  threatened  person  was  tormenting,
         abusing, assaulting, or physically  threatening  the
         dog or its offspring;
              (3)   the   injured,   threatened,   or  killed
         companion animal was  attacking  or  threatening  to
         attack the dog or its offspring; or
              (4) the dog was responding to pain or injury or
         was  protecting  itself,  its owner, custodian, or a
         member of its household, kennel, or offspring.
    (c)  Testimony of  a  certified  applied  behaviorist,  a
board certified veterinary behaviorist, or another recognized
expert  may  be  relevant to the determination of whether the
dog's behavior was justified pursuant to  the  provisions  of
this Section.
    (d)  If  deemed  dangerous,  the Administrator, or his or
her designee, or the Director  shall  order  the  dog  to  be
spayed  or neutered within 14 days at the owner's expense and
microchipped,  if  not  already,  and  one  or  more  of  the
following as deemed appropriate under the  circumstances  and
necessary for the protection of the public:
         (1)  evaluation  of  the  dog by a certified applied
    behaviorist, a board certified veterinary behaviorist, or
    another recognized expert in the field and completion  of
    training  or other treatment as deemed appropriate by the
    expert. The owner of the dog shall be responsible for all
    costs associated with evaluations  and  training  ordered
    under this subsection; or
         (2)  direct  supervision by an adult 18 years of age
    or older whenever the animal is on public premises.
    (e)  The Administrator may order a dangerous  dog  to  be
muzzled  whenever  it  is on public premises in a manner that
will prevent it from biting any person or  animal,  but  that
shall  not  injure  the  dog  or interfere with its vision or
respiration.
    (f)  Guide  dogs  for  the  blind  or  hearing  impaired,
support dogs for  the  physically  handicapped,  and  sentry,
guard,  or  police-owned  dogs  are exempt from this Section;
provided, an attack or injury to a person  occurs  while  the
dog  is  performing  duties  as  expected.   To  qualify  for
exemption   under  this  Section,  each  such  dog  shall  be
currently  inoculated  against  rabies  in  accordance   with
Section  8 of this Act and performing duties as expected.  It
shall be the duty of the owner of the exempted dog to  notify
the  Administrator  of  changes of address.  In the case of a
sentry or guard dog, the owner shall keep  the  Administrator
advised  of  the  location  where such dog will be stationed.
The Administrator shall provide police and  fire  departments
with  a  categorized  list  of  the  exempted dogs, and shall
promptly  notify  the  departments  of  any  address  changes
reported to him or her.
    (510 ILCS 5/15.2 new)
    Sec. 15.2.  Dangerous dogs; leash. It is unlawful for any
person to knowingly or recklessly permit any dangerous dog to
leave the premises of its owner when  not  under  control  by
leash or other recognized control methods.

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

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

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

    (510 ILCS 5/18) (from Ch. 8, par. 368)
    Sec. 18. Any owner seeing his or her livestock,  poultry,
or  equidae  sheep,  goats,  cattle,  horses,  mules,  swine,
ratites,  or  poultry  being injured, wounded, or killed by a
dog, not accompanied by or not under the supervision  of  its
owner, may pursue and kill such dog.
(Source: P.A. 88-600, eff. 9-1-94.)

    (510 ILCS 5/19) (from Ch. 8, par. 369)
    Sec. 19.  Any owner having livestock, poultry, or equidae
sheep, goats, cattle, horses, mules, swine, or poultry killed
or  injured  by  a  dog shall, according to the provisions of
this Act and upon filing claim and making  proper  proof,  be
entitled  to  receive  reimbursement for such losses from the
Animal Control Fund; provided, he or she  is  a  resident  of
this  State  and  such  injury  or killing is reported to the
Administrator within 24 hours after such  injury  or  killing
occurs,  and he or she shall have appeared before a member of
the County Board of the  county  in  which  such  killing  or
injury  occurred  and  makes  affidavit stating the number of
such animals or poultry killed  or  injured,  the  amount  of
damages  and  the  owner  of  the dog causing such killing or
injury, if known.  Members of the County Board are authorized
to administer oaths in such cases.
    The  damages  referred  to  in  this  Section  shall   be
substantiated    by    the   Administrator   through   prompt
investigation and by not less than 2 witnesses who  shall  be
owners  or  life  tenants of real property in the county. The
Administrator member of the Board shall determine whether the
provisions of this Section have been met  and  shall  keep  a
record in each case of the names of the owners of the animals
or  poultry,  the amount of damages proven, and the number of
animals or poultry killed or injured.
    The Administrator  member  of  the  Board  shall  file  a
written  report  with the County Treasurer as to the right of
an owner of livestock,  poultry,  or  equidae  sheep,  goats,
cattle,  horses,  mules,  swine, or poultry to be paid out of
the Animal Control Fund,  and  the  amount  of  such  damages
claimed.
    The  County Treasurer shall, on the first Monday in March
of each calendar year, pay to the owner  of  the  animals  or
poultry the amount of damages to which he or she is entitled.
The  county  board,  by ordinance, shall establish a schedule
for damages reflecting the current market value.  Unless  the
county  board,  by  ordinance,  establishes  a  schedule  for
damages  reflecting  the reasonable market value; the damages
allowed for grade animals or poultry  shall  not  exceed  the
following amounts:
    a.  For goats killed or injured, $30 per head.
    b.  For cattle killed or injured, $300 per head.
    c.  For horses or mules killed or injured, $200 per head.
    d.  For swine killed or injured, $50 per head.
    e.  For turkeys killed or injured, $5 per head.
    f.  For sheep killed or injured, $30 per head.
    g.  For all poultry, other than turkeys, $1 per head.
The  maximum  amounts  hereinabove set forth may be increased
50% for animals for which the owner can present a certificate
of  registry  of  the  appropriate   breed   association   or
organization.   However,  if there is not sufficient money in
the portion of the fund set aside as stated in Section  7  to
pay all claims for damages in full, then the County Treasurer
shall  pay  to  such owner of animals or poultry his pro rata
share of the money available.
    If there are funds in excess of  amounts  paid  for  such
claims  for damage in that portion of the Animal Control Fund
set aside for this purpose, this excess  shall  be  used  for
other costs of the program as set forth in this Act.
(Source: P.A. 84-551.)

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

    (510 ILCS 5/24) (from Ch. 8, par. 374)
    Sec. 24. 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 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  or  ordinance is
specific to breed  including  a  requirement  of  inoculation
against rabies.
(Source: P.A. 82-783.)

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

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