|
|
Sen. Linda Holmes
Filed: 3/1/2010
|
|
09600SB2580sam001 |
|
LRB096 15129 JDS 37967 a |
|
|
| 1 |
| AMENDMENT TO SENATE BILL 2580
|
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 2580 by replacing |
| 3 |
| everything after the enacting clause with the following:
|
| 4 |
| "Section 5. The Humane Care for Animals Act is amended by |
| 5 |
| adding Section 3.035 as follows:
|
| 6 |
| (510 ILCS 70/3.035 new) |
| 7 |
| Sec. 3.035. Tethering. |
| 8 |
| (a) As used in this Section, "tether" means to restrain a |
| 9 |
| dog by tying it to any object or structure, including without |
| 10 |
| limitation a house, tree, fence, post, garage, shed, or clothes |
| 11 |
| line on the person's residence or business, by any means, |
| 12 |
| including without limitation a chain, rope, cord, leash, or |
| 13 |
| running line. |
| 14 |
| (b) A dog may be tethered outdoors only if all of the |
| 15 |
| following requirements are met: |
| 16 |
| (1) The dog must not suffer from a condition that is |
|
|
|
09600SB2580sam001 |
- 2 - |
LRB096 15129 JDS 37967 a |
|
|
| 1 |
| known by the owner and that is exacerbated by being |
| 2 |
| tethered. |
| 3 |
| (2) If multiple dogs are tethered on the same property, |
| 4 |
| each dog must be tethered separately. If multiple dogs are |
| 5 |
| tethered, sufficient space must be placed between the leads |
| 6 |
| to ensure that the leads do not tangle. |
| 7 |
| (3) The lead must not be made of a tow chain or log |
| 8 |
| chain. |
| 9 |
| (4) The lead must measure 10 feet or longer in length. |
| 10 |
| For the purposes of calculating length under this Section, |
| 11 |
| the enforcing agency shall, after determining the total |
| 12 |
| length of the lead, round remaining fractional portions of |
| 13 |
| a foot greater than or equal to half of a foot up to the |
| 14 |
| next whole foot. |
| 15 |
| (5) The lead must be attached to the dog by a properly |
| 16 |
| fitting harness or collar. The lead must not wrap directly |
| 17 |
| around the dog's neck. Pinch, prong, or choke-type collars |
| 18 |
| shall not be used to tether a dog. |
| 19 |
| (6) The length and location of the lead must prevent |
| 20 |
| the dog from moving outside of its owner's property. |
| 21 |
| (c) Even if all of the requirements of subsection (b) are |
| 22 |
| met, it shall be unlawful to tether a dog outdoors between the |
| 23 |
| hours of 10 pm and 6 am; except that a dog of any age may be |
| 24 |
| temporarily tethered, tied, or chained outdoors for a time |
| 25 |
| period not exceeding 15 minutes or a dog may be tethered if it |
| 26 |
| has access to adequate shelter and protection from the weather. |
|
|
|
09600SB2580sam001 |
- 3 - |
LRB096 15129 JDS 37967 a |
|
|
| 1 |
| (d) Nothing in this Section shall be construed to prohibit |
| 2 |
| the following: |
| 3 |
| (1) a person from walking a dog with a hand-held leash; |
| 4 |
| (2) conduct that is directly related to the cultivating |
| 5 |
| of agricultural products, including shepherding or herding |
| 6 |
| cattle or livestock, if the restraint is reasonably |
| 7 |
| necessary for the safety of the dog; or |
| 8 |
| (3) tethering of a dog while at an organized and lawful |
| 9 |
| animal function such as hunting, obedience training, field |
| 10 |
| and water training, performance and conformation events, |
| 11 |
| or law enforcement training, or while in the pursuit of |
| 12 |
| working or competing in those endeavors. |
| 13 |
| (e) A person convicted of violating this Section is guilty |
| 14 |
| of a Class B misdemeanor. A second or subsequent violation is a |
| 15 |
| Class 4 felony with every day that a violation continues |
| 16 |
| constituting a separate offense. If the convicted person is a |
| 17 |
| juvenile or a companion animal hoarder, the court must order |
| 18 |
| the convicted person to undergo a psychological or psychiatric |
| 19 |
| evaluation and to undergo treatment that the court determines |
| 20 |
| to be appropriate after due consideration of the evaluation.".
|