96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2580


 
Introduced 1/21/2010, by Sen. Linda Holmes
 
SYNOPSIS AS INTRODUCED:
 		





 







510 ILCS 70/3.035 new











     Amends the Humane Care for Animals Act.  Makes it unlawful to tether a dog outdoors unless certain requirements are met.  Provides penalties for violations.  Defines "tether".
  















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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY


FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 




  






SB2580

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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 
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adding Section 3.035 as follows:
 
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    (510 ILCS 70/3.035 new)
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    Sec. 3.035. Tethering. 
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    (a) As used in this Section, "tether" means to restrain a 
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dog by tying it to any object or structure, including without 
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limitation a house, tree, fence,  post, garage, shed, or clothes 
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line, by any means, including without limitation a chain, rope, 
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cord, leash, or running line.
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    (b) A dog may be tethered outdoors only if all of the 
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following requirements are met:
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        (1) The dog must be visible to the responsible party.
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        (2) The dog must be tethered in such a manner as to 
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    prevent injury, including strangulation.
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        (3) The dog must be at least 6 months of age.
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        (4) The dog must not suffer from illness or injury that 
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    is exacerbated by being tethered.
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        (5) The dog must have access at all times to drinking 
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    water, shelter, and a dry surface.
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        (6) If multiple dogs are tethered on the same property, 
 


 






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    each dog must be tethered separately, and each dog must 
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    have a separate food and water bowl. Each dog must also 
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    have access to separate shelter.  If multiple dogs are 
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    tethered, sufficient space must be placed between the leads 
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    to ensure that the leads do not tangle.
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        (7) The lead must not exceed one-eighth of the dog's 
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    body weight and must not be made of a tow chain or log 
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    chain, which is any chain that is more than one-quarter of 
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    an inch in width.
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        (8) The lead must be 15 feet or longer in length.
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        (9) The lead must be attached to the dog by a 
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    properly-fitting collar and must not wrap directly around 
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    the dog's neck. Pinch, prong, or choke-type collars shall 
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    not be used to tether a dog.
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        (10) The length and location of the lead must prevent 
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    the dog from moving outside of its owner's property.
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    (c) Even if all of the requirements of subsection (b) are 
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met, it shall be unlawful to tether a dog outdoors: 
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        (1)        between the hours of 10 p.m. and 6 a.m.; and
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        (2) during extreme weather conditions, including 
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    conditions in which a heat or wind chill advisory or a 
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    severe weather warning has been issued for the jurisdiction 
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    by the National Weather Service.
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    (d)       Nothing in this Section shall be construed to prohibit 
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a person from walking a dog with a hand-held leash.
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    (e) A person convicted of violating this Section is guilty 
 


 






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of a Class A misdemeanor. A second or subsequent violation is a 
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Class 4 felony with every day that a violation continues 
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constituting a separate offense. If the convicted person is a 
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juvenile or a companion animal hoarder, the court must order 
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the convicted person to undergo a psychological or psychiatric 
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evaluation and to undergo treatment that the court determines 
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to be appropriate after due consideration of the evaluation.