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| Public Act 098-0101 | ||||
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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 Humane Care for Animals Act is amended by | ||||
changing Section 3 as follows:
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(510 ILCS 70/3) (from Ch. 8, par. 703)
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Sec. 3. Owner's duties. | ||||
(a) Each owner shall provide for each of his or her | ||||
animals:
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(1) a (a) sufficient quantity of good quality, | ||||
wholesome food and water;
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(2) (b) adequate shelter and protection from the | ||||
weather;
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(3) (c) veterinary care when needed to prevent | ||||
suffering; and
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(4) (d) humane care and treatment.
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(b) To lawfully tether a dog outdoors, an owner must ensure | ||||
that the dog: | ||||
(1) does not suffer from a condition that is known, by | ||||
that person, to be exacerbated by tethering; | ||||
(2) is tethered in a manner that will prevent it from | ||||
becoming entangled with other tethered dogs; | ||||
(3) is not tethered with a lead that (i) exceeds | ||||
one-eighth of the dog's body weight or (ii) is a tow chain | ||
or a log chain; | ||
(4) is tethered with a lead that measures, when rounded | ||
to the nearest whole foot, at least 10 feet in length; | ||
(5) is tethered with a properly fitting harness or | ||
collar other than the lead or a pinch, prong, or choke-type | ||
collar; and | ||
(6) is not tethered in a manner that will allow it to | ||
reach within the property of another person, a public | ||
walkway, or a road. | ||
(c) Subsection (b) of this Section shall not be construed | ||
to prohibit: | ||
(1) a person from walking a dog with a hand-held leash; | ||
(2) conduct that is directly related to the cultivating | ||
of agricultural products, including shepherding or herding | ||
cattle or livestock, if the restraint is reasonably | ||
necessary for the safety of the dog; | ||
(3) the tethering of a dog while at an organized and | ||
lawful animal function, such as hunting, obedience | ||
training, performance and conformance events, or law | ||
enforcement training, or while in the pursuit of working or | ||
competing in those endeavors; or | ||
(4) a dog restrained in compliance with the | ||
requirements of
a camping or recreational area as defined | ||
by a federal, State, or
local authority or jurisdiction. | ||
(d) A person convicted of violating subsection (a) of this | ||
Section is guilty of a Class B
misdemeanor. A second or | ||
subsequent violation of subsection (a) of this Section is a | ||
Class 4 felony with every
day that a violation continues | ||
constituting a separate offense. In addition to
any other | ||
penalty provided by law, upon conviction for violating | ||
subsection (a) of this Section,
the court may order the | ||
convicted person to undergo a psychological or
psychiatric | ||
evaluation and to undergo any treatment at the convicted | ||
person's
expense that the court determines to be appropriate | ||
after due consideration of
the evaluation. If the convicted | ||
person is a juvenile or a companion animal
hoarder, the court | ||
must order the convicted person to undergo a psychological
or | ||
psychiatric evaluation and to undergo treatment that the court | ||
determines to
be appropriate after due consideration of the | ||
evaluation.
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(e) A person convicted of violating subsection (b) of this | ||
Section is guilty of a Class B misdemeanor. | ||
(f) As used in this Section, "tether" means to restrain by | ||
tying to an object or structure, including, without limitation, | ||
a house, tree, fence, post, garage, shed, or clothes line at a | ||
person's residence or business, by any means, including, | ||
without limitation, a chain, rope, cord, leash, or running | ||
line. | ||
(Source: P.A. 92-650, eff. 7-11-02.)
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