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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 on the person's residence or business, by any means, 
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including without limitation a chain, rope, cord, leash, or 
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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 not suffer from a condition that is 
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    known by the owner and that is exacerbated by being 
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    tethered.
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        (2) If multiple dogs are tethered on the same property, 
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    each dog must be tethered separately. 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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        (3) The lead must not be made of a tow chain or log 
 


 






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    chain.
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        (4) The lead must measure 10 feet or longer in length.  
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    For the purposes of calculating length under this Section, 
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    the enforcing agency shall, after determining the total 
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    length of the lead, round remaining fractional portions of 
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    a foot greater than or equal to half of a foot up to the 
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    next whole foot.
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        (5) The lead must be attached to the dog by a properly 
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    fitting harness or collar.  The lead must not wrap directly 
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    around the dog's neck.  Pinch, prong, or choke-type collars 
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    shall not be used to tether a dog.
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        (6) 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 between the 
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hours of 10 pm and 6 am; except that a dog of any age may be 
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temporarily tethered, tied, or chained outdoors for a time 
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period not exceeding 15 minutes or a dog may be tethered if it 
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has access to adequate shelter and protection from the weather.
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    (d) Nothing in this Section shall be construed to prohibit 
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the following:
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        (1) a person from walking a dog with a hand-held leash;
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        (2) conduct that is directly related to the cultivating 
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    of agricultural products, including shepherding or herding 
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    cattle or livestock, if the restraint is reasonably 
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    necessary for the safety of the dog; or
 


 






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        (3) tethering of a dog while at an organized and lawful 
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    animal function such as hunting, obedience training, field 
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    and water training, performance and conformation events, 
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    or law enforcement training, or while in the pursuit of 
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    working or competing in those endeavors.
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    (e) A person convicted of violating this Section is guilty 
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of a Class B 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.
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    (f) Nothing in this Section shall be construed to supersede 
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the duties of an owner as enumerated in  Section 3.