Public Act 093-0548
Public Act 93-0548 of the 93rd General Assembly
Public Act 93-0548
HB0184 Enrolled LRB093 04436 LCB 04488 b
AN ACT in relation to animals.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Animal Control Act is amended by changing
Sections 2.01, 2.02, 2.03, 2.05, 2.07, 2.16, 2.17, 2.18, 3,
5, 7.1, 8, 9, 10, 11, 12, 13, 15, 17, 18, 19, 22, 24, and 26,
and by adding Sections 2.03a, 2.04a, 2.05a, 2.11a, 2.11b,
2.12a, 2.17a, 2.17b, 2.18a, 2.19a, 2.19b, 15.1, 15.2, 15.3,
and 16.5 as follows:
(510 ILCS 5/2.01) (from Ch. 8, par. 352.01)
Sec. 2.01. "Administrator" means a veterinarian licensed
by the State of Illinois and appointed pursuant to this Act,
or in the event a veterinarian cannot be found and appointed
pursuant to this Act, a non-veterinarian may serve as
Administrator under this Act. In the event the Administrator
is not a veterinarian, the Administrator shall defer to the
veterinarian regarding all medical decisions. his or her duly
authorized representative.
(Source: P.A. 78-795.)
(510 ILCS 5/2.02) (from Ch. 8, par. 352.02)
Sec. 2.02. "Animal" means every living creature any
animal, other than man, which may be affected by rabies.
(Source: P.A. 78-795.)
(510 ILCS 5/2.03) (from Ch. 8, par. 352.03)
Sec. 2.03. "Animal Control Warden" means any person
appointed by the Administrator and approved by the Board to
perform the duties set forth in as assigned by the
Administrator to effectuate this Act.
(Source: P.A. 78-795.)
(510 ILCS 5/2.03a new)
Sec. 2.03a. "Business day" means any day including
holidays that the animal control facility is open to the
public for animal reclaims.
(510 ILCS 5/2.04a new)
Sec. 2.04a. "Cat" means all members of the family
Felidae.
(510 ILCS 5/2.05) (from Ch. 8, par. 352.05)
Sec. 2.05. "Confined" means restriction of an animal at
all times by the owner, or his agent, to an escape-proof
building, house, or other enclosure away from other animals
and the public.
(Source: P.A. 78-795.)
(510 ILCS 5/2.05a new)
Sec. 2.05a. "Dangerous dog" means any individual dog when
unmuzzled, unleashed, or unattended by its owner or custodian
that behaves in a manner that a reasonable person would
believe poses a serious and unjustified imminent threat of
serious physical injury or death to a person or a companion
animal in a public place.
(510 ILCS 5/2.07) (from Ch. 8, par. 352.07)
Sec. 2.07. "Deputy Administrator" means a veterinarian
licensed by the State of Illinois, appointed by the
Administrator, and approved by the Board.
(Source: P.A. 78-795.)
(510 ILCS 5/2.11a new)
Sec. 2.11a. "Enclosure" means a fence or structure of at
least 6 feet in height, forming or causing an enclosure
suitable to prevent the entry of young children, and suitable
to confine a vicious dog in conjunction with other measures
that may be taken by the owner or keeper, such as tethering
of the vicious dog within the enclosure. The enclosure shall
be securely enclosed and locked and designed with secure
sides, top, and bottom and shall be designed to prevent the
animal from escaping from the enclosure. If the enclosure is
a room within a residence, the door must be locked. A vicious
dog may be allowed to move about freely within the entire
residence if it is muzzled at all times.
(510 ILCS 5/2.11b new)
Sec. 2.11b. "Feral cat" means a cat that (i) is born in
the wild or is the offspring of an owned or feral cat and is
not socialized, or (ii) is a formerly owned cat that has been
abandoned and is no longer socialized or lives on a farm.
(510 ILCS 5/2.12a new)
Sec. 2.12a. "Impounded" means taken into the custody of
the public animal control facility in the city, town, or
county where the animal is found.
(510 ILCS 5/2.16) (from Ch. 8, par. 352.16)
Sec. 2.16. "Owner" means any person having a right of
property in an a dog or other animal, or who keeps or harbors
an a dog or other animal, or who has it in his care, or acts
as its custodian, or who knowingly permits a dog or other
domestic animal to remain on or about any premise occupied by
him.
(Source: P.A. 78-795.)
(510 ILCS 5/2.17) (from Ch. 8, par. 352.17)
Sec. 2.17. "Person" means any individual, person, firm,
corporation, partnership, society, association or other legal
entity, any public or private institution, the State of
Illinois, municipal corporation or political subdivision of
the State, or any other business unit.
(Source: P.A. 78-795.)
(510 ILCS 5/2.17a new)
Sec. 2.17a. "Peace officer" has the meaning ascribed to
it in Section 2-13 of the Criminal Code of 1961.
(510 ILCS 5/2.17b new)
Sec. 2.17b. "Police animal" means an animal owned or
used by a law enforcement department or agency in the course
of the department or agency's work.
(510 ILCS 5/2.18) (from Ch. 8, par. 352.18)
Sec. 2.18. "Pound" or "animal control facility" may be
used interchangeably and mean means any facility approved by
the Administrator for the purpose of enforcing this Act and
used as a shelter for seized, stray, homeless, abandoned, or
unwanted dogs or other animals.
(Source: P.A. 78-795.)
(510 ILCS 5/2.18a new)
Sec. 2.18a. "Physical injury" means the impairment of
physical condition.
(510 ILCS 5/2.19a new)
Sec. 2.19a. "Serious physical injury" means a physical
injury that creates a substantial risk of death or that
causes death, serious or protracted disfigurement, protracted
impairment of health, impairment of the function of any
bodily organ, or plastic surgery.
(510 ILCS 5/2.19b new)
Sec. 2.19b. "Vicious dog" means a dog that, without
justification, attacks a person and causes serious physical
injury or death or any individual dog that has been found to
be a "dangerous dog" upon 3 separate occasions.
(510 ILCS 5/3) (from Ch. 8, par. 353)
Sec. 3. The County Board Chairman with the advice and
consent of the County Board shall appoint an, as
Administrator, a veterinarian licensed by this State.
Appointments shall be made as necessary to keep this position
filled at all times. The Administrator may appoint as many
Deputy Administrators and Animal Control Wardens to aid him
or her as authorized by the Board. The compensation for the
Administrator, Deputy Administrators, and Animal Control
Wardens shall be fixed by the Board for services other than
for the rabies inoculation of dogs or other animals. The
Administrator may be removed from office by the County Board
Chairman, with the advice and consent of the County Board.
The Board shall provide necessary personnel, training,
equipment, supplies, and facilities, and shall operate pounds
or contract for their operation as necessary to effectuate
the program. The Board may enter into contracts or agreements
with persons to assist in the operation of the program.
The Board shall be empowered to utilize monies from their
General Corporate Fund to effectuate the intent of this Act.
The Board is authorized by ordinance to require the
registration and microchipping of dogs and cats and shall may
impose an individual animal and litter registration fee. All
persons selling dogs or cats or keeping registries of dogs or
cats shall cooperate and provide information to the
Administrator as required by Board ordinance, including
sales, number of litters, and ownership of dogs and cats. If
microchips are required, the microchip number shall serve as
the county animal control registration number. All microchips
shall have an operating frequency of 125 kilohertz.
In obtaining information required to implement this Act,
the Department shall have power to subpoena and bring before
it any person in this State and to take testimony either
orally or by deposition, or both, with the same fees and
mileage and in the same manner as prescribed by law for civil
cases in courts of this State.
The Director, and any member of the Board shall each have
power to administer oaths to witnesses at any hearing which
the Department is authorized by law to conduct, and any other
oaths required or authorized in any Act administered by the
Department.
This Section does not apply to feral cats.
(Source: P.A. 87-157.)
(510 ILCS 5/5) (from Ch. 8, par. 355)
Sec. 5. Duties and powers.
(a) It shall be the duty of the Administrator or the
Deputy Administrator, through sterilization, humane
education, rabies inoculation, stray control, impoundment,
quarantine, and any other means deemed necessary, to control
and prevent the spread of rabies in his county and to
exercise dog and cat overpopulation control. It shall also
be the duty of the Administrator to investigate and
substantiate all claims made under Section 19 of this Act.
(b) Counties may by ordinance determine the extent of
the police powers that may be exercised by the Administrator,
Deputy Administrators, and Animal Control Wardens, which
powers shall pertain only to this Act. The Administrator,
Deputy Administrators, and Animal Control Wardens may issue
and serve citations and orders for violations of this Act.
The Administrator, Deputy Administrators, and Animal Control
Wardens may not carry weapons unless they have been
specifically authorized to carry weapons by county ordinance.
Animal Control Wardens, however, may use tranquilizer guns
and other nonlethal weapons and equipment without specific
weapons authorization.
A person authorized to carry firearms by county ordinance
under this subsection must have completed the training course
for peace officers prescribed in the Peace Officer Firearm
Training Act. The cost of this training shall be paid by the
county.
(c) The sheriff and all sheriff's deputies and municipal
police officers shall cooperate with the Administrator and
his or her representatives in carrying out the provisions of
this Act.
(Source: P.A. 90-385, eff. 8-15-97.)
(510 ILCS 5/7.1) (from Ch. 8, par. 357.1)
Sec. 7.1. In addition to any other fees provided for
under this Act, any county may charge a reasonable fee for
the pickup and disposal of dead animals from private
for-profit animal hospitals. This fee shall be sufficient to
cover the costs of pickup and delivery and shall be deposited
in the county's animal control general fund.
(Source: P.A. 80-972.)
(510 ILCS 5/8) (from Ch. 8, par. 358)
Sec. 8. Every owner of a dog 4 months or more of age not
confined at all times to an enclosed area, shall have each
dog cause such dog to be inoculated against rabies by a
licensed veterinarian at such intervals as may hereafter be
established by regulations pursuant to this Act. Every dog
shall have a second rabies vaccination within one year of the
first. Terms of subsequent vaccine administration and
duration of immunity must be in compliance with USDA licenses
of vaccines used. Evidence of such rabies inoculation shall
be entered on a certificate the form of which shall be
approved by the Board and which shall be signed by the
licensed veterinarian administering the vaccine.
Veterinarians who inoculate a dog shall procure from the
County Animal Control serially numbered tags, one to be
issued with each inoculation certificate. Only one dog shall
be included on each certificate. The veterinarian immunizing
or microchipping an animal shall provide the Administrator
with a certificate of immunization and microchip number. The
Board shall cause a rabies inoculation tag to be issued, at a
fee established by the Board for each dog inoculated against
rabies.
Rabies vaccine for use on animals shall be sold or
distributed only to and used only by licensed veterinarians.
Such rabies vaccine shall be licensed by the United States
Department of Agriculture and approved by the Department.
(Source: P.A. 78-1166.)
(510 ILCS 5/9) (from Ch. 8, par. 359)
Sec. 9. Any dog found running at large contrary to
provisions of this Act may shall be apprehended and
impounded. For this purpose, the Administrator shall utilize
any existing or available animal control facility public
pound.
(Source: P.A. 78-795.)
(510 ILCS 5/10) (from Ch. 8, par. 360)
Sec. 10. When dogs or cats are apprehended and impounded
by the Administrator, they must be scanned for the presence
of a microchip. The Administrator shall make every
reasonable attempt to contact the owner as soon as possible.
The Administrator he shall give notice of not less than 7
business days to the owner prior to disposal of the animal,
if known. Such notice shall be mailed to the last known
address of the owner. An affidavit or Testimony of the
Administrator, or his or her authorized agent, who mails such
notice shall be prima facie evidence of the receipt of such
notice by the owner of the animal such dog. In case the owner
of any impounded dog or cat desires to make redemption
thereof, he or she may do so on the following conditions:
a. present proof of current rabies inoculation, and
registration, if applicable, or
b. pay for the rabies inoculation of the dog or cat, and
registration, if applicable, and
c. pay the pound for the board of the dog or cat for the
period it was impounded, and
d. pay into the Animal Control Fund an additional
impoundment fee as prescribed by the Board as a penalty for
the first offense and for each subsequent offense; and.
e. pay for microchipping and registration if not already
done.
Animal control facilities that are open to the public 7
days per week for animal reclamation are exempt from the
business day requirement.
This shall be in addition to any other penalties invoked
under this Act.
(Source: P.A. 83-711.)
(510 ILCS 5/11) (from Ch. 8, par. 361)
Sec. 11. When not redeemed by the owner, a dog or cat
that has been impounded for failure to be inoculated and
registered, if applicable, in accordance with the provisions
of this Act or a cat that has been impounded shall be
humanely dispatched pursuant to the Humane Euthanasia in
Animal Shelters Act or offered for adoption. An animal pound
or animal shelter shall not release any dog or cat when not
redeemed by the owner unless the animal has been surgically
rendered incapable of reproduction by spaying or neutering
and microchipped, or the person wishing to adopt an animal
prior to the surgical procedures having been performed shall
have executed a written agreement promising to have such
service performed, including microchipping, within a
specified period of time not to exceed 30 60 days. Failure
to fulfill the terms of the agreement shall result in seizure
and impoundment of the animal by the animal pound or shelter,
and any monies which have been deposited shall be forfeited.
This Act shall not prevent humane societies from engaging in
activities set forth by their charters; provided, they are
not inconsistent with provisions of this Act and other
existing laws. No animal shelter or animal control facility
shall release dogs or cats to an individual representing a
rescue group unless the group has been licensed by the
Illinois Department of Agriculture or incorporated as a
not-for-profit organization. The Department may suspend or
revoke the license of any animal shelter or animal control
facility that fails to comply with the requirements set forth
in this Section Any person purchasing or adopting such dog,
with or without charge or donation, must pay for the rabies
inoculation of such dog and registration if applicable.
(Source: P.A. 92-449, eff. 1-1-02.)
(510 ILCS 5/12) (from Ch. 8, par. 362)
Sec. 12. The owner of any dog or other animal which
exhibits clinical signs of rabies, whether or not the such
dog or other animal has been inoculated against rabies, shall
immediately notify the Administrator or, if the Administrator
is not a veterinarian, the Deputy Administrator, and shall
promptly confine the such dog or other animal, or have it
confined, under suitable observation, for a period of at
least 10 days, unless officially authorized by the
Administrator or, if the Administrator is not a veterinarian,
the Deputy Administrator, in writing, to release it sooner.
Any dog or other animal that has had in direct contact with
the such dog or other animal and that, whether or not the
exposed dog or other animal has not been inoculated against
rabies, shall be confined as recommended by the Administrator
or, if the Administrator is not a veterinarian, the Deputy
Administrator.
(Source: P.A. 78-795.)
(510 ILCS 5/13) (from Ch. 8, par. 363)
Sec. 13. Dog or other animal bites; observation of
animal.
(a) Except as otherwise provided in subsection (b) of
this Section, when the Administrator or, if the Administrator
is not a veterinarian, the Deputy Administrator receives
information that any person has been bitten by an a dog or
other animal, the Administrator or, if the Administrator is
not a veterinarian, the Deputy Administrator, or his or her
authorized representative, shall have such dog or other
animal confined under the observation of a licensed
veterinarian for a period of 10 days. The Department may, by
regulation, permit such confinement to be reduced to a period
of less than 10 days. A Such veterinarian shall report the
clinical condition of the dog or other animal immediately,
with confirmation in writing to the Administrator or, if the
Administrator is not a veterinarian, the Deputy Administrator
within 24 hours after the dog or other animal is presented
for examination, giving the owner's name, address, the date
of confinement, the breed, description, age, and sex of the
such dog or other animal, and whether the animal has been
spayed or neutered, on appropriate forms approved by the
Department. The Administrator or, if the Administrator is
not a veterinarian, the Deputy Administrator shall notify the
attending physician or responsible health agency. At the end
of the confinement period, the veterinarian shall submit a
written report to the Administrator or, if the Administrator
is not a veterinarian, the Deputy Administrator advising him
or her of the final disposition of the such dog or other
animal on appropriate forms approved by the Department. When
evidence is presented that the such dog or other animal was
inoculated against rabies within the time prescribed by law,
it shall may be confined in a the house of its owner, or in a
manner which will prohibit it from biting any person for a
period of 10 days, if the Administrator, a licensed
veterinarian or other licensed veterinarian, adjudges such
confinement satisfactory. The Department may, by regulation,
permit such confinement to be reduced to a period of less
than 10 days. At the end of the confinement period, the such
dog or other animal shall be examined by a the Administrator,
or another licensed veterinarian.
It is unlawful for Any person having knowledge that any
person has been bitten by an a dog or other animal shall to
refuse to notify the Administrator or, if the Administrator
is not a veterinarian, the Deputy Administrator promptly. It
is unlawful for the owner of the such dog or other animal to
euthanize, sell, give away, or otherwise dispose of any such
dog or other animal known to have bitten a person, until it
is released by the Administrator or, if the Administrator is
not a veterinarian, the Deputy Administrator, or his or her
authorized representative. It is unlawful for the owner of
the such dog or other animal to refuse or fail to comply with
the reasonable written or printed instructions made by the
Administrator or, if the Administrator is not a veterinarian,
the Deputy Administrator, or his authorized representative.
If such instructions cannot be delivered in person, they
shall be mailed to the owner of the such dog or other animal
by regular mail, postage prepaid. The affidavit or testimony
of the Administrator, or his authorized representative,
delivering or mailing such instructions is prima facie
evidence that the owner of such dog or other animal was
notified of his responsibilities. Any expense incurred in
the handling of an any dog or other animal under this Section
and Section 12 shall be borne by the owner.
(b) When a person has been bitten by a police dog, the
police dog may continue to perform its duties for the peace
officer or law enforcement agency and any period of
observation of the police dog may be under the supervision of
a peace officer. The supervision shall consist of the dog
being locked in a kennel, performing its official duties in a
police vehicle, or remaining under the constant supervision
of its police handler.
(c) For the purpose of this Section:
"Immediately" means by telephone, in person, or by other
than use of the mail.
"Law enforcement agency" means an agency of the State or
a unit of local government that is vested by law or ordinance
with the duty to maintain public order and to enforce
criminal laws or ordinances.
"Peace officer" has the meaning ascribed to it in Section
2-13 of the Criminal Code of 1961.
"Police dog" means a dog trained to assist peace officers
in their law enforcement duties.
(Source: P.A. 89-576, eff. 1-1-97.)
(510 ILCS 5/15) (from Ch. 8, par. 365)
Sec. 15. (a) In order to have a dog deemed "vicious", the
Administrator, Deputy Administrator, animal control warden,
or law enforcement officer must give notice of the infraction
that is the basis of the investigation to the owner, conduct
a thorough investigation, interview any witnesses, including
the owner, gather any existing medical records, veterinary
medical records or behavioral evidence, and make a detailed
report recommending a finding that the dog is a vicious dog
and give the report to the States Attorney's Office and the
owner. The Administrator, State's Attorney, Director or any
citizen of the county in which the dog exists may file a
complaint in the circuit court in the name of the People of
the State of Illinois to deem a dog to be a vicious dog.
Testimony of a certified applied behaviorist, a board
certified veterinary behaviorist, or another recognized
expert may be relevant to the court's determination of
whether the dog's behavior was justified. The petitioner must
prove the dog is a vicious dog by clear and convincing
evidence. The Administrator shall determine where the animal
shall be confined during the pendency of the case.
A dog shall not be declared vicious if the court
determines the conduct of the dog was justified because:
(1) the threat, injury, or death was sustained by a
person who at the time was committing a crime or offense
upon the owner or custodian of the dog, or upon the
property of the owner or custodian of the dog;
(2) the injured, threatened, or killed person was
tormenting, abusing, assaulting, or physically
threatening the dog or its offspring, or has in the past
tormented, abused, assaulted, or physically threatened
the dog or its offspring; or
(3) the dog was responding to pain or injury, or was
protecting itself, its owner, custodian, or member of its
household, kennel, or offspring. For purposes of this
Section:
(1) "Vicious dog" means
(i) Any individual dog that when unprovoked
inflicts bites or attacks a human being or other
animal either on public or private property.
(ii) Any individual dog with a known
propensity, tendency or disposition to attack
without provocation, to cause injury or to otherwise
endanger the safety of human beings or domestic
animals.
(iii) Any individual dog that has as a trait or
characteristic and a generally known reputation for
viciousness, dangerousness or unprovoked attacks
upon human beings or other animals, unless handled
in a particular manner or with special equipment.
(iv) Any individual dog which attacks a human
being or domestic animal without provocation.
(v) Any individual dog which has been found to
be a "dangerous dog" upon 3 separate occasions.
No dog shall be deemed "vicious" if it bites, attacks, or
menaces a trespasser on the property of its owner or harms or
menaces anyone who has tormented or abused it or is a
professionally trained dog for law enforcement or guard
duties. Vicious dogs shall not be classified in a manner
that is specific as to breed.
If the burden of proof has been met, the court shall deem
the dog to be a vicious dog.
If a dog is found to be a vicious dog, the dog shall be
spayed or neutered within 10 days of the finding at the
expense of its owner and microchipped, if not already, and is
subject to enclosure. A dog found to be a vicious dog shall
not be released to the owner until the Administrator, an
Animal Control Warden, or the Director approves the
enclosure. No owner or keeper of a vicious dog shall sell or
give away the dog without court approval. Whenever an owner
of a vicious dog relocates, he or she shall notify both the
Administrator of County Animal Control where he or she has
relocated and the Administrator of County Animal Control
where he or she formerly resided.
(2) "Dangerous dog" or "dangerous animal" means any
individual dog or animal which when either unmuzzled,
unleashed, or unattended by its owner, or a member of its
owner's family, in a vicious or terrorizing manner,
approaches any person in an apparent attitude of attack
upon streets, sidewalks, or any public grounds or places.
(3) "Enclosure" means a fence or structure of at
least 6 feet in height, forming or causing an enclosure
suitable to prevent the entry of young children, and
suitable to confine a vicious dog in conjunction with
other measures which may be taken by the owner or keeper,
such as tethering of a vicious dog within the enclosure.
Such enclosure shall be securely enclosed and locked and
designed with secure sides, top and bottom and shall be
designed to prevent the animal from escaping from the
enclosure.
(4) "Impounded" means taken into the custody of the
public pound in the city or town where the vicious dog is
found.
(5) "Found to be vicious dog" means (i) that the
Administrator, an Animal Control Warden, or a law
enforcement officer has conducted an investigation and
made a finding in writing that the dog is a vicious dog
as defined in paragraph (1) of subsection (a) and, based
on that finding, the Administrator, an Animal Control
Warden, or the Director has declared in writing that the
dog is a vicious dog or (ii) that the circuit court has
found the dog to be a vicious dog as defined in paragraph
(1) of subsection (a) and has entered an order based on
that finding.
(b) It shall be unlawful for any person to keep or
maintain any dog which has been found to be a vicious dog
unless the such dog is at all times kept in an enclosure.
The only times that a vicious dog may be allowed out of the
enclosure are (1) if it is necessary for the owner or keeper
to obtain veterinary care for the dog, (2) in the case of an
emergency or natural disaster where the dog's life is
threatened, or (3) or (2) to comply with the order of a court
of competent jurisdiction, provided that the dog is securely
muzzled and restrained with a leash chain having a tensile
strength of 300 pounds and not exceeding 6 3 feet in length,
and shall be under the direct control and supervision of the
owner or keeper of the dog or muzzled in its residence.
Any dog which has been found to be a vicious dog and
which is not confined to an enclosure shall be impounded by
the Administrator, an Animal Control Warden, or the law
enforcement authority having jurisdiction in such area. and
shall be turned over to a licensed veterinarian for
destruction by lethal injection.
If the owner of the dog has not appealed the impoundment
order to the circuit court in the county in which the animal
was impounded within 15 7 working days, the dog may be
euthanized humanely dispatched. A dog found to be a vicious
dog shall not be released to the owner until the
Administrator, an Animal Control Warden, or the Director
approves the enclosure as defined in this Section.
No owner or keeper of a vicious dog shall sell or give
away the dog.
Upon filing a notice of appeal, the order of euthanasia
shall be automatically stayed pending the outcome of the
appeal. The owner shall bear the burden of timely
notification to animal control in writing.
(c) It is unlawful for any person to maintain a public
nuisance by permitting any dangerous dog or other animal to
leave the premises of its owner when not under control by
leash or other recognized control methods.
Guide dogs for the blind or hearing impaired, support
dogs for the physically handicapped, and sentry, guard, or
police-owned dogs are exempt from this Section; provided, an
attack or injury to a person occurs while the dog is
performing duties as expected. To qualify for exemption
under this Section, each such dog shall be currently
inoculated against rabies in accordance with Section 8 of
this Act. It shall be the duty of the owner of such exempted
dog to notify the Administrator of changes of address. In
the case of a sentry or guard dog, the owner shall keep the
Administrator advised of the location where such dog will be
stationed. The Administrator shall provide police and fire
departments with a categorized list of such exempted dogs,
and shall promptly notify such departments of any address
changes reported to him.
The Administrator, the State's Attorney, or any citizen
of the county in which a dangerous dog or other animal exists
may file a complaint in the name of the People of the State
of Illinois to enjoin all persons from maintaining or
permitting such, to abate the same, and to enjoin the owner
of such dog or other animal from permitting same to leave his
or her premises when not under control by leash or other
recognized control methods.
Upon the filing of a complaint in the circuit court, The
court, if satisfied that this nuisance may exist, shall grant
a preliminary injunction with bond in such amount as the
court may determine enjoining the defendant from maintaining
such nuisance. If the existence of the nuisance is
established, the owner of such dog or other animal shall be
in violation of this Act, and in addition, the court shall
enter an order restraining the owner from maintaining such
nuisance and shall may order that the such dog or other
animal be humanely dispatched.
(Source: P.A. 86-1460; 87-456.)
(510 ILCS 5/15.1 new)
Sec. 15.1. Dangerous dog determination.
(a) After a thorough investigation including: sending,
within 3 days of the Administrator or Director becoming aware
of the alleged infraction, notifications to the owner of the
alleged infractions, the fact of the initiation of an
investigation, and affording the owner an opportunity to meet
with the Administrator or Director prior to the making of a
determination; gathering of any medical or veterinary
evidence; interviewing witnesses; and making a detailed
written report, an animal control warden, deputy
administrator, or law enforcement agent may ask the
Administrator, or his or her designee, or the Director, to
deem a dog to be "dangerous". No dog shall be deemed a
"dangerous dog" without clear and convincing evidence. The
owner shall be sent immediate notification of the
determination by registered or certified mail that includes a
complete description of the appeal process.
(b) A dog shall not be declared dangerous if the
Administrator, or his or her designee, or the Director
determines the conduct of the dog was justified because:
(1) the threat was sustained by a person who at
the time was committing a crime or offense upon the
owner or custodian of the dog;
(2) the threatened person was tormenting,
abusing, assaulting, or physically threatening the
dog or its offspring;
(3) the injured, threatened, or killed
companion animal was attacking or threatening to
attack the dog or its offspring; or
(4) the dog was responding to pain or injury or
was protecting itself, its owner, custodian, or a
member of its household, kennel, or offspring.
(c) Testimony of a certified applied behaviorist, a
board certified veterinary behaviorist, or another recognized
expert may be relevant to the determination of whether the
dog's behavior was justified pursuant to the provisions of
this Section.
(d) If deemed dangerous, the Administrator, or his or
her designee, or the Director shall order the dog to be
spayed or neutered within 14 days at the owner's expense and
microchipped, if not already, and one or more of the
following as deemed appropriate under the circumstances and
necessary for the protection of the public:
(1) evaluation of the dog by a certified applied
behaviorist, a board certified veterinary behaviorist, or
another recognized expert in the field and completion of
training or other treatment as deemed appropriate by the
expert. The owner of the dog shall be responsible for all
costs associated with evaluations and training ordered
under this subsection; or
(2) direct supervision by an adult 18 years of age
or older whenever the animal is on public premises.
(e) The Administrator may order a dangerous dog to be
muzzled whenever it is on public premises in a manner that
will prevent it from biting any person or animal, but that
shall not injure the dog or interfere with its vision or
respiration.
(f) Guide dogs for the blind or hearing impaired,
support dogs for the physically handicapped, and sentry,
guard, or police-owned dogs are exempt from this Section;
provided, an attack or injury to a person occurs while the
dog is performing duties as expected. To qualify for
exemption under this Section, each such dog shall be
currently inoculated against rabies in accordance with
Section 8 of this Act and performing duties as expected. It
shall be the duty of the owner of the exempted dog to notify
the Administrator of changes of address. In the case of a
sentry or guard dog, the owner shall keep the Administrator
advised of the location where such dog will be stationed.
The Administrator shall provide police and fire departments
with a categorized list of the exempted dogs, and shall
promptly notify the departments of any address changes
reported to him or her.
(510 ILCS 5/15.2 new)
Sec. 15.2. Dangerous dogs; leash. It is unlawful for any
person to knowingly or recklessly permit any dangerous dog to
leave the premises of its owner when not under control by
leash or other recognized control methods.
(510 ILCS 5/15.3 new)
Sec. 15.3. Dangerous dog; appeal.
(a) The owner of a dog found to be a dangerous dog
pursuant to this Act by an Administrator may file a complaint
against the Administrator in the circuit court within 35 days
of receipt of notification of the determination, for a de
novo hearing on the determination. The proceeding shall be
conducted as a civil hearing pursuant to the Illinois Rules
of Evidence and the Code of Civil Procedure, including the
discovery provisions. After hearing both parties' evidence,
the court may make a determination of dangerous dog if the
Administrator meets his or her burden of proof of clear and
convincing evidence. The final order of the circuit court may
be appealed pursuant to the civil appeals provisions of the
Illinois Supreme Court Rules.
(b) The owner of a dog found to be a dangerous dog
pursuant to this Act by the Director may, within 14 days of
receipt of notification of the determination, request an
administrative hearing to appeal the determination. The
administrative hearing shall be conducted pursuant to the
Department of Agriculture's rules applicable to formal
administrative proceedings, 8 Ill. Adm. Code Part 1, SubParts
A and B. An owner desiring a hearing shall make his or her
request for a hearing to the Illinois Department of
Agriculture. The final administrative decision of the
Department may be reviewed judicially by the circuit court of
the county wherein the person resides or, in the case of a
corporation, the county where its registered office is
located. If the plaintiff in a review proceeding is not a
resident of Illinois, the venue shall be in Sangamon County.
The Administrative Review Law and all amendments and
modifications thereof, and the rules adopted thereto, apply
to and govern all proceedings for the judicial review of
final administrative decisions of the Department hereunder.
(c) Until the order has been reviewed and at all times
during the appeal process, the owner shall comply with the
requirements set forth by the Administrator, the court, or
the Director.
(d) At any time after a final order has been entered,
the owner may petition the circuit court to reverse the
designation of dangerous dog.
(510 ILCS 5/16.5 new)
Sec. 16.5. Expenses of microchipping. A clinic for
microchipping companion animals of county residents should be
conducted at least once a year under the direction of the
Administrator or, if the Administrator is not a veterinarian,
the Deputy Administrator at the animal control facility,
animal shelter, or other central location within the county.
The maximum amount that can be charged for microchipping an
animal at this clinic shall be $15. Funds generated from
this clinic shall be deposited in the county's animal control
fund.
(510 ILCS 5/17) (from Ch. 8, par. 367)
Sec. 17. For the purpose of carrying out the provisions
of this Act and making inspections hereunder, the
Administrator, or his or her authorized representative, or
any law enforcement officer of the law may enter upon private
premises, provided that the entry shall not be made into any
building that is a person's residence, to apprehend a
straying dog or other animal, a dangerous or vicious dog or
other animal, or an a dog or other animal thought to be
infected with rabies. If, after request therefor, the owner
of the such dog or other animal shall refuse to deliver the
dog or other animal to the officer, the owner shall be in
violation of this Act.
(Source: P.A. 78-795.)
(510 ILCS 5/18) (from Ch. 8, par. 368)
Sec. 18. Any owner seeing his or her livestock, poultry,
or equidae sheep, goats, cattle, horses, mules, swine,
ratites, or poultry being injured, wounded, or killed by a
dog, not accompanied by or not under the supervision of its
owner, may pursue and kill such dog.
(Source: P.A. 88-600, eff. 9-1-94.)
(510 ILCS 5/19) (from Ch. 8, par. 369)
Sec. 19. Any owner having livestock, poultry, or equidae
sheep, goats, cattle, horses, mules, swine, or poultry killed
or injured by a dog shall, according to the provisions of
this Act and upon filing claim and making proper proof, be
entitled to receive reimbursement for such losses from the
Animal Control Fund; provided, he or she is a resident of
this State and such injury or killing is reported to the
Administrator within 24 hours after such injury or killing
occurs, and he or she shall have appeared before a member of
the County Board of the county in which such killing or
injury occurred and makes affidavit stating the number of
such animals or poultry killed or injured, the amount of
damages and the owner of the dog causing such killing or
injury, if known. Members of the County Board are authorized
to administer oaths in such cases.
The damages referred to in this Section shall be
substantiated by the Administrator through prompt
investigation and by not less than 2 witnesses who shall be
owners or life tenants of real property in the county. The
Administrator member of the Board shall determine whether the
provisions of this Section have been met and shall keep a
record in each case of the names of the owners of the animals
or poultry, the amount of damages proven, and the number of
animals or poultry killed or injured.
The Administrator member of the Board shall file a
written report with the County Treasurer as to the right of
an owner of livestock, poultry, or equidae sheep, goats,
cattle, horses, mules, swine, or poultry to be paid out of
the Animal Control Fund, and the amount of such damages
claimed.
The County Treasurer shall, on the first Monday in March
of each calendar year, pay to the owner of the animals or
poultry the amount of damages to which he or she is entitled.
The county board, by ordinance, shall establish a schedule
for damages reflecting the current market value. Unless the
county board, by ordinance, establishes a schedule for
damages reflecting the reasonable market value; the damages
allowed for grade animals or poultry shall not exceed the
following amounts:
a. For goats killed or injured, $30 per head.
b. For cattle killed or injured, $300 per head.
c. For horses or mules killed or injured, $200 per head.
d. For swine killed or injured, $50 per head.
e. For turkeys killed or injured, $5 per head.
f. For sheep killed or injured, $30 per head.
g. For all poultry, other than turkeys, $1 per head.
The maximum amounts hereinabove set forth may be increased
50% for animals for which the owner can present a certificate
of registry of the appropriate breed association or
organization. However, if there is not sufficient money in
the portion of the fund set aside as stated in Section 7 to
pay all claims for damages in full, then the County Treasurer
shall pay to such owner of animals or poultry his pro rata
share of the money available.
If there are funds in excess of amounts paid for such
claims for damage in that portion of the Animal Control Fund
set aside for this purpose, this excess shall be used for
other costs of the program as set forth in this Act.
(Source: P.A. 84-551.)
(510 ILCS 5/22) (from Ch. 8, par. 372)
Sec. 22. The Department shall have general supervision
of the administration of this Act and may make reasonable
rules and regulations, not inconsistent with this Act, for
the enforcement of this Act and for the guidance of
Administrators, including revoking a license issued under the
Animal Welfare Act for noncompliance with any provision of
this Act.
(Source: P.A. 78-795.)
(510 ILCS 5/24) (from Ch. 8, par. 374)
Sec. 24. Nothing in this Act shall be held to limit in
any manner the power of any municipality or other political
subdivision to prohibit animals from running at large, nor
shall anything in this Act be construed to, in any manner,
limit the power of any municipality or other political
subdivision to further control and regulate dogs, cats or
other animals in such municipality or other political
subdivision provided that no regulation or ordinance is
specific to breed including a requirement of inoculation
against rabies.
(Source: P.A. 82-783.)
(510 ILCS 5/26) (from Ch. 8, par. 376)
Sec. 26. (a) Any person violating or aiding in or
abetting the violation of any provision of this Act, or
counterfeiting or forging any certificate, permit, or tag, or
making any misrepresentation in regard to any matter
prescribed by this Act, or resisting, obstructing, or
impeding the Administrator or any authorized officer in
enforcing this Act, or refusing to produce for inoculation
any dog in his possession not confined at all times to an
enclosed area, or who removes a tag from a dog for purposes
of destroying or concealing its identity, is guilty of a
Class C misdemeanor petty offense for a first or second
offense and shall be fined not less than $25 nor more than
$200, and for a third and subsequent offense, is guilty of a
Class B C misdemeanor.
Each day a person fails to comply constitutes a separate
offense. Each State's Attorney to whom the Administrator
reports any violation of this Act shall cause appropriate
proceedings to be instituted in the proper courts without
delay and to be prosecuted in the manner provided by law.
(b) If the owner of a vicious dog subject to enclosure:
(1) fails to maintain or keep the dog in an
enclosure or fails to spay or neuter the dog; and
(2) the dog inflicts serious physical injury great
bodily harm, permanent disfigurement, permanent physical
disability upon any other person or causes the death of
another person; and
(3) the attack is unprovoked in a place where such
person is peaceably conducting himself or herself and
where such person may lawfully be;
the owner shall be guilty of a Class 4 felony A misdemeanor,
unless the owner knowingly allowed the dog to run at large or
failed to take steps to keep the dog in an enclosure then the
owner shall be guilty of a Class 3 4 felony. The penalty
provided in this paragraph shall be in addition to any other
criminal or civil sanction provided by law.
(c) If the owner of a dangerous dog knowingly fails to
comply with any order of the court regarding the dog and the
dog inflicts serious physical injury on a person or a
companion animal, the owner shall be guilty of a Class A
misdemeanor. If the owner of a dangerous dog knowingly fails
to comply with any order regarding the dog and the dog kills
a person the owner shall be guilty of a Class 4 felony.
(Source: P.A. 87-456.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Effective Date: 08/19/03
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