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| Public Act 095-0550 |
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AN ACT concerning animals.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Animal Welfare Act is amended by changing | ||||
Section 2 and adding Section 20.5 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; or
who sells, offers to sell, | ||
exchange, or offers for adoption with or without
charge dogs or | ||
dogs and cats which he has produced and raised. A person who
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owns, has possession of, or harbors 5 or less
females capable | ||
of reproduction shall not be considered a kennel
operator.
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"Cattery operator" means any person who operates an | ||
establishment, other
than an animal control facility or animal
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shelter, where cats are maintained for boarding,
training or | ||
similar purposes for a fee or compensation; or who sells,
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offers to sell, exchange, or offers for adoption with or | ||
without charges
cats which 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
cattery | ||
operator.
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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. "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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"Foster home" means an entity that accepts the | ||
responsibility for
stewardship of animals that are the | ||
obligation of an animal shelter, not to
exceed 4 animals at any | ||
given time. Permits to operate as a "foster home"
shall be | ||
issued through the animal shelter.
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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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"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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(Source: P.A. 93-281, eff. 12-31-03.)
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(225 ILCS 605/20.5 new) | ||
Sec. 20.5. Administrative fines. The following | ||
administrative fines 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 $200. | ||
(2) For a second violation that occurs within 3 years | ||
after the first violation, a fine of $500. | ||
(3) For a third violation that occurs within 3 years | ||
after the first violation, mandatory probationary status | ||
and a fine of $1,000. | ||
Section 10. The Animal Control Act is amended by changing | ||
Sections 9, 11, and 15.3 and by adding Sections 2.17c and 15.4 | ||
as follows:
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(510 ILCS 5/2.17c new) | ||
Sec. 2.17c. "Potentially dangerous dog" means a dog that is | ||
unsupervised and found running at large with 3 or more other | ||
dogs.
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(510 ILCS 5/9) (from Ch. 8, par. 359)
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Sec. 9. Any dog found running at large contrary to | ||
provisions of this Act
may
be apprehended and impounded. For | ||
this purpose, the Administrator shall
utilize any existing or | ||
available animal control facility or licensed animal shelter. | ||
The dog's owner shall pay a $25 public safety fine, $20 of | ||
which shall be deposited into the Pet Population Control Fund | ||
and $5 of which shall be retained by the county or | ||
municipality. A dog found running at large contrary to the | ||
provisions of this Act a second or subsequent time must be | ||
spayed or neutered within 30 days after being reclaimed unless | ||
already spayed or neutered; failure to comply shall result in | ||
impoundment.
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A dog that is actively engaged in a legal hunting activity, | ||
including training, is not considered to be running at large if | ||
the dog is on land that is open to hunting or on land on which | ||
the person has obtained permission to hunt or to train a dog. A | ||
dog that is in a dog-friendly area or dog park is not | ||
considered to be running at large if the dog is monitored or | ||
supervised by a person.
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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. 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 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 humane society or | ||
rescue group. If no placement is available, it shall be
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humanely dispatched pursuant to the Humane Euthanasia in Animal | ||
Shelters
Act. An animal pound
or animal shelter shall not adopt | ||
or release any dog or cat to anyone other than the owner
when | ||
not redeemed by
the owner unless the animal has been rendered | ||
incapable of
reproduction
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
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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 Pet | ||
Population Control Fund on a yearly basis. This Act shall not
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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 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. 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 each year.
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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 5/15.3)
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Sec. 15.3. Dangerous dog; appeal.
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(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
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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 a preponderance of the | ||
evidence
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.
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(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
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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
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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.
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(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.
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(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.
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(Source: P.A. 93-548, eff. 8-19-03.)
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(510 ILCS 5/15.4 new) | ||
Sec. 15.4. Potentially dangerous dog. A dog found running | ||
at large and unsupervised with 3 or more other dogs may be | ||
deemed a potentially dangerous dog by the animal control warden | ||
or administrator. Potentially dangerous dogs shall be spayed or | ||
neutered and microchipped within 14 days of reclaim. The | ||
designation of "potentially dangerous dog" shall expire 12 | ||
months after the most recent violation of this Section. Failure | ||
to comply with this Section will result in impoundment of the | ||
dog or a fine of $500.
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