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1 | AN ACT concerning animals.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Animal Control Act is amended by changing | ||||||||||||||||||||||||
5 | Sections 3, 9, 10, 13, 15, and 15.1 as follows:
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6 | (510 ILCS 5/3) (from Ch. 8, par. 353)
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7 | Sec. 3. The County Board Chairman
with the consent of the | ||||||||||||||||||||||||
8 | County Board
shall appoint an Administrator. Appointments | ||||||||||||||||||||||||
9 | shall be made as
necessary to keep this position filled at all | ||||||||||||||||||||||||
10 | times. The Administrator
may appoint as many Deputy | ||||||||||||||||||||||||
11 | Administrators and Animal Control Wardens to
aid him or her as | ||||||||||||||||||||||||
12 | authorized by the Board. The compensation for the
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13 | Administrator, Deputy Administrators, and Animal Control | ||||||||||||||||||||||||
14 | Wardens shall
be fixed by the Board. The Administrator may be | ||||||||||||||||||||||||
15 | removed from office by
the County Board Chairman, with the | ||||||||||||||||||||||||
16 | consent of the County Board.
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17 | The Board shall provide necessary personnel, training, | ||||||||||||||||||||||||
18 | equipment,
supplies, and
facilities, and shall operate pounds | ||||||||||||||||||||||||
19 | or contract for their operation as
necessary to effectuate the | ||||||||||||||||||||||||
20 | program. The Board may enter into contracts
or agreements with | ||||||||||||||||||||||||
21 | persons to assist in the operation of the program and may | ||||||||||||||||||||||||
22 | establish a county animal population control program.
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23 | The Board shall be empowered to utilize monies from their |
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1 | General
Corporate Fund to effectuate the intent of this Act.
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2 | The Board is authorized by ordinance to require the | ||||||
3 | registration and
may require microchipping of
dogs and cats.
| ||||||
4 | The Board shall
impose an individual dog or cat registration | ||||||
5 | fee with a minimum differential of $10 for intact dogs or cats. | ||||||
6 | Ten dollars of the differential shall be placed either in a | ||||||
7 | county animal population control fund or in the State's Pet | ||||||
8 | Population Control Fund . All persons
selling dogs or cats or | ||||||
9 | keeping registries of dogs or cats shall
cooperate and
provide
| ||||||
10 | information
to the Administrator as required by Board | ||||||
11 | ordinance, including sales,
number of litters, and
ownership
of | ||||||
12 | dogs and cats. If microchips are required, the microchip number | ||||||
13 | may
serve as the county animal
control registration number.
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14 | In obtaining information required to implement this Act, | ||||||
15 | the Department
shall have power to subpoena and bring before it | ||||||
16 | any person in this State
and to take testimony either orally or | ||||||
17 | by deposition, or both, with the
same fees and mileage and in | ||||||
18 | the same manner as prescribed by law for civil
cases in courts | ||||||
19 | of this State.
| ||||||
20 | The Director shall have power to
administer
oaths to | ||||||
21 | witnesses at any hearing which the Department is authorized by
| ||||||
22 | law to conduct, and any other oaths required or authorized in | ||||||
23 | any Act
administered
by the Department.
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24 | This Section does not apply to feral cats.
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25 | (Source: P.A. 100-405, eff. 1-1-18 .)
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| |||||||
1 | (510 ILCS 5/9) (from Ch. 8, par. 359)
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2 | Sec. 9. Any dog found running at large contrary to | ||||||
3 | provisions of this Act
may
be apprehended and impounded. For | ||||||
4 | this purpose, the Administrator shall
utilize any existing or | ||||||
5 | available animal control facility or licensed animal shelter. | ||||||
6 | The dog's owner shall pay a $25 public safety fine to be | ||||||
7 | deposited into the county animal control fund or the county pet | ||||||
8 | population control fund , $20 of which shall be deposited into | ||||||
9 | the Pet Population Control Fund and $5 of which shall be | ||||||
10 | retained by the county or municipality . A dog found running at | ||||||
11 | large contrary to the provisions of this Act a second or | ||||||
12 | subsequent time must be spayed or neutered within 30 days after | ||||||
13 | being reclaimed unless already spayed or neutered; failure to | ||||||
14 | comply shall result in impoundment.
| ||||||
15 | A dog that is actively engaged in a legal hunting activity, | ||||||
16 | including training, is not considered to be running at large if | ||||||
17 | the dog is on land that is open to hunting or on land on which | ||||||
18 | the person has obtained permission to hunt or to train a dog. A | ||||||
19 | dog that is in a dog-friendly area or dog park is not | ||||||
20 | considered to be running at large if the dog is monitored or | ||||||
21 | supervised by a person.
| ||||||
22 | (Source: P.A. 94-639, eff. 8-22-05; 95-550, eff. 6-1-08 .)
| ||||||
23 | (510 ILCS 5/10) (from Ch. 8, par. 360)
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24 | Sec. 10. Impoundment; redemption.
When dogs or cats are | ||||||
25 | apprehended and impounded,
they must be scanned for the |
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| |||||||
1 | presence of a microchip and examined for other currently | ||||||
2 | acceptable methods of identification, including, but not | ||||||
3 | limited to, identification tags, tattoos, and rabies license | ||||||
4 | tags. The examination for identification shall be done within | ||||||
5 | 24 hours after the intake of each dog or cat. The
Administrator | ||||||
6 | shall make every reasonable attempt to contact the owner as | ||||||
7 | defined by Section 2.16, agent, or caretaker as soon
as | ||||||
8 | possible. The Administrator shall give notice of not less than | ||||||
9 | 7 business
days to the owner, agent, or caretaker prior to | ||||||
10 | disposal of the animal. Such notice shall be mailed
to the last | ||||||
11 | known address of the owner, agent, or caretaker. Testimony of | ||||||
12 | the Administrator, or his
or her authorized agent, who mails | ||||||
13 | such notice shall be evidence of the receipt
of such notice by | ||||||
14 | the owner, agent, or caretaker of the animal. A mailed notice | ||||||
15 | shall remain
the primary means of owner, agent, or caretaker | ||||||
16 | contact; however, the Administrator shall also attempt to | ||||||
17 | contact the owner, agent, or caretaker by any other contact
| ||||||
18 | information, such as by telephone or email address, provided by
| ||||||
19 | the microchip or other method of identification found on the
| ||||||
20 | dog or cat. If the dog or cat has been microchipped and the | ||||||
21 | primary contact listed by the chip manufacturer cannot be | ||||||
22 | located or refuses to reclaim the dog or cat, an attempt shall | ||||||
23 | be made to contact any secondary contacts listed by the chip | ||||||
24 | manufacturer prior to adoption, transfer, or euthanization. | ||||||
25 | Prior to transferring the dog or cat to another humane shelter, | ||||||
26 | pet store, rescue group, or euthanization, the dog or cat shall |
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1 | be scanned again for the presence of a microchip and examined | ||||||
2 | for other means of identification. If a second scan provides | ||||||
3 | the same identifying information as the initial intake scan and | ||||||
4 | the owner, agent, or caretaker has not been located or refuses | ||||||
5 | to reclaim the dog or cat, the animal control facility may | ||||||
6 | proceed with the adoption, transfer, or euthanization.
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7 | In case the owner, agent, or caretaker of any impounded dog | ||||||
8 | or cat desires to make redemption
thereof, he or she may do so | ||||||
9 | by doing the following:
| ||||||
10 | a. Presenting proof of current rabies inoculation
and | ||||||
11 | registration, if applicable.
| ||||||
12 | b. Paying for the rabies inoculation of the dog or cat
| ||||||
13 | and registration, if applicable.
| ||||||
14 | c. Paying the pound for the board of the dog or cat for
| ||||||
15 | the period it was impounded.
| ||||||
16 | d. Paying into the Animal Control Fund an additional
| ||||||
17 | impoundment fee as prescribed by the Board as a penalty for | ||||||
18 | the
first offense and for each subsequent offense.
| ||||||
19 | e. Paying a $25 public safety fine to be deposited into | ||||||
20 | the county animal control fund or the county pet population | ||||||
21 | control fund Pet Population Control Fund ; the fine shall be | ||||||
22 | waived if it is the dog's or cat's first impoundment and | ||||||
23 | the owner, agent, or caretaker has the animal spayed or | ||||||
24 | neutered within 14 days.
| ||||||
25 | f.
Paying for microchipping and registration if not | ||||||
26 | already
done.
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1 | The payments required for redemption under this Section
| ||||||
2 | shall be in
addition to any other penalties invoked under this | ||||||
3 | Act and the Illinois Public Health and Safety Animal Population | ||||||
4 | Control Act . An animal control agency shall assist and share | ||||||
5 | information with the Director of Public Health in the | ||||||
6 | collection of public safety fines.
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7 | (Source: P.A. 100-322, eff. 8-24-17.)
| ||||||
8 | (510 ILCS 5/13) (from Ch. 8, par. 363)
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9 | Sec. 13. Dog or other animal bites; observation of animal.
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10 | (a) Except as otherwise provided in subsections (b) and (c) | ||||||
11 | of this Section, when
the Administrator or, if the | ||||||
12 | Administrator is not a veterinarian, the Deputy
Administrator | ||||||
13 | receives information that any person has been
bitten by an | ||||||
14 | animal, the Administrator or, if the
Administrator is not a | ||||||
15 | veterinarian, the Deputy Administrator, or his or
her | ||||||
16 | authorized
representative, shall have such dog or other animal | ||||||
17 | confined
under the
observation of a licensed veterinarian. The | ||||||
18 | confinement shall be for a period of not less than 10 days from | ||||||
19 | the date the bite occurred and shall continue until the animal | ||||||
20 | has been examined and released from confinement by a licensed | ||||||
21 | veterinarian. The Administrator or, if the Administrator is not | ||||||
22 | a veterinarian, the Deputy Administrator
may permit such | ||||||
23 | confinement to be reduced to a
period of less than 10 days. | ||||||
24 | (a-5) The owner, or if the owner is unavailable, an agent | ||||||
25 | or caretaker of an animal documented to have bitten a person |
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1 | shall present the animal to a licensed veterinarian within 24 | ||||||
2 | hours. A veterinarian presented with an animal documented to | ||||||
3 | have bitten a person shall make a record of the
clinical
| ||||||
4 | condition of the animal immediately. At the
end of the | ||||||
5 | confinement period, the animal shall be examined by a licensed | ||||||
6 | veterinarian, inoculated against rabies, if eligible, and | ||||||
7 | microchipped, if the dog or cat has not been already, at the | ||||||
8 | expense of the owner. The veterinarian shall submit a written
| ||||||
9 | report listing the owner's name, address, dates of confinement, | ||||||
10 | dates of examination, species, breed, description, age, sex, | ||||||
11 | and microchip number of the animal to the Administrator | ||||||
12 | advising him or her of the clinical condition and the final | ||||||
13 | disposition of
the animal on appropriate forms approved by the | ||||||
14 | Department. The Administrator shall notify the person who has | ||||||
15 | been bitten, and in the case of confirmed rabies in the animal, | ||||||
16 | the attending physician or responsible health agency advising | ||||||
17 | of the clinical condition of the animal.
| ||||||
18 | (a-10) When the Administrator or, if the Administrator is | ||||||
19 | not a veterinarian, the Deputy Administrator or his or her | ||||||
20 | authorized representative receives information that a person | ||||||
21 | has been bitten by an animal and evidence is presented that the | ||||||
22 | animal at the time the bite occurred was inoculated against | ||||||
23 | rabies within the time prescribed by law, the animal may be | ||||||
24 | confined in a house, or in a manner which will prohibit the | ||||||
25 | animal from biting a person, if the Administrator, Deputy | ||||||
26 | Administrator, or his or her authorized representative |
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| |||||||
1 | determines the confinement satisfactory. The confinement shall | ||||||
2 | be for a period of not less than 10 days from the date the bite | ||||||
3 | occurred and shall continue until the animal has been examined | ||||||
4 | and released from confinement by a licensed veterinarian. The | ||||||
5 | Administrator or, if the Administrator is not a veterinarian, | ||||||
6 | the Deputy Administrator may instruct the owner, agent, or | ||||||
7 | caretaker to have the animal examined by a licensed | ||||||
8 | veterinarian immediately. The Administrator or, if the | ||||||
9 | Administrator is not a veterinarian, the Deputy Administrator | ||||||
10 | may permit the confinement to be reduced to a period of less | ||||||
11 | than 10 days. At the end of the confinement period, the animal | ||||||
12 | shall be examined by a licensed veterinarian and microchipped, | ||||||
13 | if the dog or cat is not already, at the expense of the owner. | ||||||
14 | The veterinarian shall submit a written report listing the | ||||||
15 | owner's name, address, dates of examination, species, breed, | ||||||
16 | description, age, sex, and microchip number of the animal to | ||||||
17 | the Administrator advising him or her of the clinical condition | ||||||
18 | and the final disposition of the animal on appropriate forms | ||||||
19 | approved by the Department. The Administrator shall notify the | ||||||
20 | person who has been bitten and, in case of confirmed rabies in | ||||||
21 | the animal, the attending physician or responsible health | ||||||
22 | agency advising of the clinical condition of the animal. | ||||||
23 | (a-15) Any person having knowledge that any person has been
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24 | bitten by an animal shall
notify the
Administrator or, if the | ||||||
25 | Administrator is not a veterinarian, the Deputy
Administrator | ||||||
26 | within 24 hours. |
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1 | (a-20) It is unlawful for the owner of the animal
to | ||||||
2 | conceal the whereabouts,
euthanize, sell, give away, or | ||||||
3 | otherwise dispose of any
animal known to have bitten a person, | ||||||
4 | until it is examined and released from confinement by the
| ||||||
5 | Administrator or, if the Administrator is not a veterinarian, | ||||||
6 | the Deputy
Administrator, or licensed veterinarian. It is | ||||||
7 | unlawful
for
the
owner of the animal to refuse or fail to | ||||||
8 | immediately comply with
the
instructions made by the | ||||||
9 | Administrator or,
if
the Administrator is not a veterinarian, | ||||||
10 | the Deputy Administrator, or
his or her
authorized | ||||||
11 | representative. Any expense incurred in the
handling of an | ||||||
12 | animal under this Section and Section
12 shall
be borne by the | ||||||
13 | owner. The owner of a biting animal must also remit to the | ||||||
14 | Department of Public Health, for deposit into the Pet | ||||||
15 | Population Control Fund, a $25 public safety fine to be | ||||||
16 | deposited into the county animal control fund within 30 days | ||||||
17 | after notice .
| ||||||
18 | (b) When a person has been bitten by a police dog that is | ||||||
19 | currently vaccinated against rabies,
the police dog may | ||||||
20 | continue to perform
its duties for the peace officer or law | ||||||
21 | enforcement agency and any period
of
observation of the police | ||||||
22 | dog may be under the
supervision of a peace officer.
The | ||||||
23 | supervision shall consist of the dog being locked in a kennel,
| ||||||
24 | performing its official duties in a police vehicle, or | ||||||
25 | remaining under the
constant supervision of its police handler.
| ||||||
26 | (c) When a person has been bitten by a search and rescue |
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| |||||||
1 | dog that is currently vaccinated against rabies, the search and | ||||||
2 | rescue dog may continue to perform its duties for the handler | ||||||
3 | or owner or agency and any period of observation of the dog may | ||||||
4 | be under the supervision of its handler or owner. The | ||||||
5 | supervision shall consist of the dog being locked in a kennel, | ||||||
6 | performing its official duties in a vehicle, or remaining under | ||||||
7 | the constant supervision of its handler or owner. | ||||||
8 | (d) Any person convicted of violating subsection (a-20) of | ||||||
9 | this Section is guilty of a Class A misdemeanor for a first | ||||||
10 | violation. A second or subsequent violation is a Class 4 | ||||||
11 | felony. | ||||||
12 | (Source: P.A. 99-658, eff. 7-28-16.)
| ||||||
13 | (510 ILCS 5/15) (from Ch. 8, par. 365)
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14 | Sec. 15. (a) In order to have a dog deemed "vicious", the | ||||||
15 | Administrator,
Deputy
Administrator,
or law enforcement | ||||||
16 | officer must give notice of the
infraction that
is the basis of | ||||||
17 | the investigation to the owner, conduct a thorough
| ||||||
18 | investigation, interview
any witnesses, including the owner, | ||||||
19 | gather any existing medical records,
veterinary
medical | ||||||
20 | records or behavioral evidence, and make a detailed report | ||||||
21 | recommending
a
finding that the dog is a vicious dog and give | ||||||
22 | the report to the State's
Attorney's Office and the
owner. The | ||||||
23 | Administrator, State's Attorney, Director or any citizen of the
| ||||||
24 | county in
which the dog exists may file a complaint in the | ||||||
25 | circuit court in the name of
the People of the
State of
|
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| |||||||
1 | Illinois to deem a dog to be a vicious dog. Testimony of a | ||||||
2 | certified applied
behaviorist, a
board certified veterinary | ||||||
3 | behaviorist, or another recognized expert may be
relevant to | ||||||
4 | the
court's determination of whether the dog's behavior was | ||||||
5 | justified. The
petitioner must
prove the dog is a vicious dog | ||||||
6 | by clear and convincing evidence. The
Administrator shall | ||||||
7 | determine where the animal shall be confined during the
| ||||||
8 | pendency of the case.
| ||||||
9 | A dog may not be declared vicious if the court determines | ||||||
10 | the conduct of
the
dog was
justified because:
| ||||||
11 | (1) the threat, injury, or death was sustained by a | ||||||
12 | person who at the time
was
committing a crime or offense | ||||||
13 | upon the owner or custodian of the dog, or was committing a | ||||||
14 | willful trespass or other tort upon the premises or | ||||||
15 | property owned or occupied by the owner of the animal;
| ||||||
16 | (2) the injured, threatened, or killed person was | ||||||
17 | abusing,
assaulting,
or physically threatening the dog or | ||||||
18 | its offspring, or has in the past
abused,
assaulted, or | ||||||
19 | physically threatened the dog or its offspring; or
| ||||||
20 | (3) the dog was responding to pain or injury, or was | ||||||
21 | protecting itself, its
owner,
custodian, or member of its | ||||||
22 | household, kennel, or offspring.
| ||||||
23 | No dog shall be deemed "vicious" if it is a professionally | ||||||
24 | trained dog for
law
enforcement or guard duties. Vicious dogs | ||||||
25 | shall not be classified
in a manner that is specific as to | ||||||
26 | breed.
|
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| |||||||
1 | If the burden of proof has been met, the court shall deem | ||||||
2 | the dog to be a
vicious dog.
| ||||||
3 | If a dog is found to be a vicious dog, the owner shall pay a | ||||||
4 | $100 public safety fine to be deposited into the county animal | ||||||
5 | control fund Pet Population Control Fund , the dog shall be | ||||||
6 | spayed or
neutered within 10 days of the finding at the expense | ||||||
7 | of its
owner and microchipped, if not already, and the dog is | ||||||
8 | subject to
enclosure. If an owner fails to comply with these | ||||||
9 | requirements, the animal control agency shall impound the dog | ||||||
10 | and the owner shall pay a $500 fine plus impoundment fees to | ||||||
11 | the animal control agency impounding the dog. The judge has the | ||||||
12 | discretion to order a vicious dog be euthanized. A dog found to | ||||||
13 | be a vicious dog shall not be released to the
owner until the | ||||||
14 | Administrator, an Animal Control Warden, or the
Director | ||||||
15 | approves the enclosure. No owner or
keeper of a vicious dog | ||||||
16 | shall sell or give away the dog without
approval from the | ||||||
17 | Administrator or court. Whenever an owner of a vicious dog | ||||||
18 | relocates, he or she shall notify
both the
Administrator of
| ||||||
19 | County
Animal Control where he or she has relocated and the | ||||||
20 | Administrator of County
Animal Control where he or she formerly | ||||||
21 | resided.
| ||||||
22 | (b) It shall be unlawful for any person to keep or maintain | ||||||
23 | any dog
which has been found to be a vicious dog unless the dog | ||||||
24 | is
kept in an enclosure. The only times that a vicious dog may | ||||||
25 | be allowed out
of the enclosure are (1) if it is necessary for | ||||||
26 | the owner or keeper to
obtain veterinary care for the dog, (2) |
| |||||||
| |||||||
1 | in the case of an emergency or
natural disaster where the
dog's | ||||||
2 | life is threatened, or (3) to comply with the order of a
court | ||||||
3 | of competent jurisdiction, provided that the dog is securely | ||||||
4 | muzzled
and restrained with a leash not
exceeding 6 feet in | ||||||
5 | length, and shall be under the direct control and
supervision | ||||||
6 | of the owner or keeper of the dog or muzzled in its residence.
| ||||||
7 | Any dog which has been found to be a vicious dog and which | ||||||
8 | is not
confined to an enclosure shall be impounded by the | ||||||
9 | Administrator, an Animal
Control Warden, or the law enforcement | ||||||
10 | authority having jurisdiction in
such area.
| ||||||
11 | If the owner of the dog has not appealed the impoundment | ||||||
12 | order to the
circuit court in the county in which the animal | ||||||
13 | was impounded within 15
working days, the dog may be | ||||||
14 | euthanized.
| ||||||
15 | Upon filing a notice of appeal, the order of euthanasia | ||||||
16 | shall be
automatically stayed pending the outcome of the | ||||||
17 | appeal. The owner shall bear
the burden of timely notification | ||||||
18 | to animal control in writing.
| ||||||
19 | Guide dogs for the blind or hearing impaired, support dogs | ||||||
20 | for persons with physical disabilities, accelerant detection | ||||||
21 | dogs, and sentry, guard, or
police-owned dogs are
exempt from | ||||||
22 | this Section; provided, an attack or injury to a person
occurs | ||||||
23 | while the dog is performing duties as expected. To qualify for
| ||||||
24 | exemption under this Section, each such dog shall be currently
| ||||||
25 | inoculated against rabies in accordance with Section 8
of this | ||||||
26 | Act. It shall be the duty of the owner of such exempted dog to
|
| |||||||
| |||||||
1 | notify the Administrator of changes of address. In the case of | ||||||
2 | a sentry or
guard dog, the owner shall keep the Administrator | ||||||
3 | advised of the location
where such dog will be stationed. The | ||||||
4 | Administrator shall provide police
and fire departments with a | ||||||
5 | categorized list of such exempted dogs, and
shall promptly | ||||||
6 | notify such departments of any address changes reported to him.
| ||||||
7 | (c) If the animal control agency has custody of the dog, | ||||||
8 | the agency may file a petition with the court requesting that | ||||||
9 | the owner be ordered to post security. The security must be in | ||||||
10 | an amount sufficient to secure payment of all reasonable | ||||||
11 | expenses expected to be incurred by the animal control agency | ||||||
12 | or animal shelter in caring for and providing for the dog | ||||||
13 | pending the determination. Reasonable expenses include, but | ||||||
14 | are not limited to, estimated medical care and boarding of the | ||||||
15 | animal for 30 days. If security has been posted in accordance | ||||||
16 | with this Section, the animal control agency may draw from the | ||||||
17 | security the actual costs incurred by the agency in caring for | ||||||
18 | the dog. | ||||||
19 | (d) Upon receipt of a petition, the court must set a | ||||||
20 | hearing on the petition, to be conducted within 5 business days | ||||||
21 | after the petition is filed. The petitioner must serve a true | ||||||
22 | copy of the petition upon the defendant. | ||||||
23 | (e) If the court orders the posting of security, the | ||||||
24 | security must be posted with the clerk of the court within 5 | ||||||
25 | business days after the hearing. If the person ordered to post | ||||||
26 | security does not do so, the dog is forfeited by operation of |
| |||||||
| |||||||
1 | law and the animal control agency must dispose of the animal | ||||||
2 | through adoption or humane euthanization.
| ||||||
3 | (Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
| ||||||
4 | (510 ILCS 5/15.1)
| ||||||
5 | Sec. 15.1. Dangerous dog determination.
| ||||||
6 | (a) After a thorough investigation
including: sending, | ||||||
7 | within 10 business days of the Administrator or Director | ||||||
8 | becoming
aware of the alleged infraction,
notifications to the | ||||||
9 | owner of the alleged infractions, the fact of the
initiation of | ||||||
10 | an investigation,
and
affording the owner an opportunity to | ||||||
11 | meet with the Administrator or
Director prior to the making of | ||||||
12 | a determination;
gathering of
any medical or veterinary | ||||||
13 | evidence; interviewing witnesses; and making a
detailed
| ||||||
14 | written report, an animal control warden, deputy | ||||||
15 | administrator, or law
enforcement agent
may ask the | ||||||
16 | Administrator, or his or her designee, or the Director, to deem | ||||||
17 | a
dog to be
"dangerous". No dog shall be deemed a "dangerous | ||||||
18 | dog" unless shown to be a dangerous dog by a preponderance of | ||||||
19 | evidence. The owner shall be sent immediate notification of the | ||||||
20 | determination
by registered or certified mail that includes a | ||||||
21 | complete description of the
appeal
process.
| ||||||
22 | (b) A dog shall not be declared dangerous if the | ||||||
23 | Administrator,
or his or her designee, or the Director | ||||||
24 | determines the
conduct of the dog was justified because:
| ||||||
25 | (1) the threat was sustained by a person
who at the |
| |||||||
| |||||||
1 | time was committing a crime or offense upon the owner or
| ||||||
2 | custodian of the dog or was committing a willful trespass | ||||||
3 | or other tort upon the premises or property occupied by the | ||||||
4 | owner of the animal;
| ||||||
5 | (2) the threatened person was
abusing, assaulting, or | ||||||
6 | physically threatening the dog or
its offspring;
| ||||||
7 | (3) the injured, threatened, or killed companion | ||||||
8 | animal
was attacking or threatening to attack the dog or | ||||||
9 | its offspring; or
| ||||||
10 | (4) the dog was responding to pain or injury or was
| ||||||
11 | protecting itself, its owner, custodian, or a member of its | ||||||
12 | household,
kennel, or offspring.
| ||||||
13 | (c) Testimony of a certified applied behaviorist, a board | ||||||
14 | certified
veterinary behaviorist, or another recognized expert | ||||||
15 | may be relevant to
the determination of whether the dog's | ||||||
16 | behavior was
justified pursuant to the provisions of this | ||||||
17 | Section.
| ||||||
18 | (d) If deemed dangerous, the Administrator, or his or her | ||||||
19 | designee, or the
Director shall order (i) the dog's owner to | ||||||
20 | pay a $50 public safety fine to be deposited into the county | ||||||
21 | animal control fund Pet Population Control Fund , (ii) the dog | ||||||
22 | to be spayed or neutered within
14
days
at the
owner's expense | ||||||
23 | and microchipped, if not already, and (iii) one or more of the
| ||||||
24 | following
as deemed appropriate under
the
circumstances and | ||||||
25 | necessary for the protection of the public:
| ||||||
26 | (1) evaluation of the dog by a certified applied |
| |||||||
| |||||||
1 | behaviorist, a
board certified veterinary behaviorist, or | ||||||
2 | another recognized expert in
the field and completion of | ||||||
3 | training or other treatment as deemed
appropriate by the | ||||||
4 | expert. The owner of the dog shall be responsible
for all | ||||||
5 | costs associated with evaluations and training ordered | ||||||
6 | under
this subsection; or
| ||||||
7 | (2) direct supervision by an adult 18 years of age or | ||||||
8 | older
whenever the animal is on public premises.
| ||||||
9 | (e) The Administrator may order a dangerous dog to be | ||||||
10 | muzzled
whenever it is on public premises in a manner that
will | ||||||
11 | prevent
it from biting any person or animal, but that shall not | ||||||
12 | injure the dog or
interfere with its
vision or respiration.
| ||||||
13 | (f) Guide dogs for the blind or hearing impaired, support | ||||||
14 | dogs for persons with a physical disability, and sentry, guard, | ||||||
15 | or
police-owned dogs are exempt from this Section; provided, an | ||||||
16 | attack or injury
to a person occurs while the dog is performing | ||||||
17 | duties as expected. To qualify
for exemption under this | ||||||
18 | Section, each such dog shall be currently inoculated
against | ||||||
19 | rabies in accordance with Section 8 of this Act and performing | ||||||
20 | duties
as expected. It shall be the duty
of the owner of the | ||||||
21 | exempted dog to notify the Administrator of changes of
address. | ||||||
22 | In the case of a sentry or guard dog, the owner shall keep the
| ||||||
23 | Administrator advised of the location where such dog will be | ||||||
24 | stationed. The
Administrator shall provide police and fire | ||||||
25 | departments with a categorized list
of the exempted dogs, and | ||||||
26 | shall promptly notify the departments of any
address changes |
| |||||||
| |||||||
1 | reported to him or her.
| ||||||
2 | (g) An animal control agency has the right to impound a | ||||||
3 | dangerous dog if the owner fails to comply with the | ||||||
4 | requirements of this Act.
| ||||||
5 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
6 | Section 10. The Illinois Public Health and Safety Animal | ||||||
7 | Population Control Act is amended by changing Sections 10 and | ||||||
8 | 20 as follows: | ||||||
9 | (510 ILCS 92/10)
| ||||||
10 | Sec. 10. Definitions. As used in this Act:
| ||||||
11 | "Director" means the Director of Public Health or his or | ||||||
12 | her designee .
| ||||||
13 | "Department" means the Department of Public Health or other | ||||||
14 | entity as its agent .
| ||||||
15 | "Companion animal" means any domestic dog (canis lupus | ||||||
16 | familiaris) or domestic cat
(felis catus).
| ||||||
17 | "Fund" means the Pet Population Control Fund established in | ||||||
18 | this Act.
| ||||||
19 | (Source: P.A. 94-639, eff. 8-22-05.) | ||||||
20 | (510 ILCS 92/20)
| ||||||
21 | Sec. 20. Program established. The Department shall | ||||||
22 | establish and implement an Illinois Public Health and Safety | ||||||
23 | Animal Population Control Program by December 31, 2005. The |
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| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | purpose of this program is to reduce the population of unwanted | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | and stray dogs and cats in Illinois by encouraging the owners | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | of dogs and cats to have them permanently sexually sterilized | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | and vaccinated, thereby reducing potential threats to public | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | health and safety. The program shall begin collecting funds on | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | January 1, 2006 and shall begin distributing funds for | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | vaccinations or spaying and neutering operations on January 1, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | 2007. No dog or cat imported from another state is eligible to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | be sterilized or vaccinated under this program. Beginning June | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | 30, 2007, the Director must make an annual written report | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | relative to the progress of the program to the President of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Senate, the Speaker of the House of Representatives, and the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Governor.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | (Source: P.A. 94-639, eff. 8-22-05.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | becoming law.
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