Illinois Law


Illinois HB4029 Has Passed!

We are happy to report that the Bill 4029 has passed.

This bill requires shelters and rescues (the same as animal control facilities) to scan intake animals for a microchip multiple times before releasing the animal. It also includes veterinary clinics and hospitals that provide this same service to do the same.

The bill also requires that if the first person listed on the microchip cannot be contacted, the shelter must notify the second contact if one is listed.  Also, shelters must notify the owner when they are identified and transfer dogs with identified owners to a local animal control or law enforcement agency for the animal to be reclaimed.  If they cannot transfer the animal, they must hold the animal for at least 7 days prior to removing the animal.

Thank you to Senator Thomas Cullerton, the key sponsor of the bill.

House Sponsors
Rep. Deborah ConroyStephanie A. Kifowit, Silvana Tabares, Robert Rita, Sue Scherer, Frances Ann Hurley, Laura Fine and Kathleen Willis

Senate Sponsors
(Sen. Thomas Cullerton – Michael Connelly, David Koehler, Don Harmon, Toi W. Hutchinson and Karen McConnaughay)

Leaving pets in extreme weather now against the law in Illinois


By Tamara | August 10, 2015
It’s now against the law to leave pets outside in extreme temperatures in Illinois. Illinois Governor Bruce Rauner signed legislation which makes it against the law to leave pets in hot and cold weather that will cause them injury or death.

Lawmakers had already passed the bill through the state Senate and the Illinois House earlier in the Spring, and the bill was awaiting the governor’s signature. If a pet is hurt or dies as result of being left in extreme weather, a pet owner can now be charged with a Class A misdemeanor punishable by up to a $2,500 fine or up to one year in jail if they are found guilty.

The bill’s sponsor, Rep. Sara Feigenholtz, said the law is a response to the high number of dog deaths last winter after dogs were left outside in subzero temperatures. It is hoped that the law will lead to fewer pets dying and becoming injured and help raise awareness about the animal welfare issue.

The bill number is SB125. The new legislation takes effect on January 1, 2016.
Read more at http://www.dogheirs.com/tamara/posts/6892-leaving-pets-in-extreme-weather-now-against-the-law-in-illinois#14ysCBr9GUt7fBFO.99

Lost and Found: Humane Societies’ Rights and Obligations Regarding Companion Animal Ownership

Lost and Found: Humane Societies’ Rights and Obligations Regarding Companion Animal Ownership

  • Patricia A. Bolen
  • Animal Legal & Historical Center
  • Publish Date: 2005
  • Place of Publication: Michigan State University College of Law

I. Introduction

This paper will address the issues concerning lost and found companion animals, particularly issues of ownership and title rights. First, the paper will examine the current state of animals in the law today, and will give a brief explanation of how animals and their owners are treated in the courts today. The legal rights of companion animals and their owners are increasing; for example, people can now provide for their animals in their wills, and can bring suits for the wrongful death of a companion animal. This current state of the law shows the progression of animals from being seen merely as property to being seen as a part of the family unit that needs protection by the law. Because of the increasingly important status of companion animals today, shelters and individuals who find animals need to be well aware of their own rights and the rights of the owner regarding that animal. This paper will address when and how the original owner’s property rights are relinquished, and when an animal becomes the property of an animal shelter.

Note: The law treats animal shelters the same whether they are publicly or privately operated. Although private shelters may have different policies from public pounds, such as no-kill policies or longer holding periods, public and private animal shelters are the same in the eyes of the law. For ease of reference, in this paper the terms “humane society” and “animal shelter” are used interchangeably.

II. The current state of animals in the law today

A. Animals are treated as property

Companion animals are treated as property in the law. Under common law, a person who owns a domestic animal still owns that animal even when the animal is not directly under the person’s control. For example, a dog who escapes from a backyard is still the property of its owner. [1] Although treating animals as property affords them, and their owners, some protection in the law, it also limits animals’ and their owners’ rights. Additionally, there are inherent contradictions in the law regarding the treatment of animals: they are seen as property, they are essentially treated in a way that holds them criminally liable for their actions. A dog that bites may be killed by the state or at the least greatly confined; although the owner is liable for injuries that the dog causes, the dog is also ultimately punished. There are difficulties in treating animals as property, as they are sentient beings, and are often integral parts of their human families. [2]

B. Tort remedies for injuries to companion animals

In recent years, courts and the legislature have come to recognize the importance of companion animals to their families, and have also begun to recognize that companion animals deserve more protection than traditional property law affords them. If a companion animal is wrongfully killed, the owner can usually collect compensation for the cost of the animal. [3] However, this is often inadequate because the compensation is determined based on the animal’s market value. Although purebred animals have a determinable worth, mixed breeds (mutts) do not, and so traditionally no compensation was required. [4] Awarding damages for wrongful death of a pet based on the animal’s market value has been seen to be increasingly inadequate to compensate the owner.

Some courts have recognized the inadequacy, and inconsistency, in awarding pet owners only market value for the wrongful death of their pet, and have started to award non-economic damages. [5] However, courts are still reluctant to award punitive damages in cases of the wrongful death of a companion animal. [6] In addition, some courts have also started to consider the best interests of the animal in divorce cases, which is a standard applied to child custody. [7] Thus, animals are not only gaining more rights in the law, but are also being treated as more than just property. Persons are also able to set up trusts for their companion animals’ care, and are able to provide for their animals in wills and estate planning. [8]

 

III. Animal ownership in the law today

            Such developments in tort and estate planning law are important to both animal owners and animal shelters. As the law becomes more and more willing to recognize the familial status of animals in today’s society, shelters too must be careful to respect the rights of companion animal owners. Thus, shelters must be well-versed in the laws of their state regarding when the shelter gains title and ownership in a found or brought-in animal, and what those rights mean. First, however, it is important to understand how far a person’s property rights in her companion animal go, and when those rights can be taken away. This next section of the paper will examine how an owner can lose his property interest in his companion animal, including through abandonment and giving the animal away. It will also examine the duties of an individual who finds a companion animal

A. Owners can lose title to their companion animals

            As title-holders, owners of companion animals can transfer that title through several means. Owners can transfer title immediately to a third party by giving an animal as a gift to another person. An owner can give an animal to an animal shelter, which results in an immediate transfer of title to the shelter if the owner shows the intent to relinquish title. An owner can also relinquish title by abandoning an animal, which happens when the owner leaves the animal in a public place, with or without tags, or otherwise shows that he is unable (or unwilling) to care for the animal. [9] Similarly, the police or other law enforcement can find an animal running at large and take that animal to the pound. If, within a statutorily mandated minimum number of days, the animal is not claimed, the animal becomes property of the shelter. [10]

B. Transfer of title by giving animal away

            If an owner brings an animal directly to a shelter, that owner is transferring title of the animal to the shelter. In property law, this is considered a gift, and title usually transfers immediately upon receipt of the gift. When an owner gives an animal to a shelter, the shelter has both possession and title; generally, it does not have to hold the animal for a minimum number of days, as required by statute, before adopting the animal out or otherwise disposing of it. [11] However, there are good reasons for shelters to have the policy of holding even owner-relinquished animals for the statutory minimum number of days. Often, an owner will make a rash decision to give an animal away when the animal misbehaves, but will want the animal back after a few days. Shelters therefore protect themselves from tort liability by holding the animal for a period of time during which the owner has a chance to regain possession of the animal. When an owner gives his animal to a humane society, the society cannot demand that the owner pay for the costs of boarding the animal [12], unless the owner reclaims the animal. Shelters are immune from civil liability for disposing of a pet that is brought in by the owner as long as the shelter complies with the minimum holding period mandated by state statute. [13]

C. Abandonment

Most states have laws governing the abandonment of animals by the owner. The majority of these statutes deal with situations in which an animal is left at a veterinarian, kennel, or similar facility. [14] If an owner does not collect his animal and pay for the services within a certain number of days, [15] the animal is deemed abandoned. At that time, the facility has certain duties before gaining title to the animal. First, most statutes require that the facility contact the owner and notify him that he can obtain the animal by paying for the services. If the owner does not respond, the facility generally has the duty to turn the animal over to an animal shelter. Most states require that the facility inform the owner as to which shelter the animal has been turned over. After delivery to an animal shelter, the animal is treated as per the shelter’s policies. A facility that does not comply with state statute, for example by turning the animal over to a shelter before the waiting period has expired, can be liable to the owner for expenses incurred. [16]

An owner can also abandon an animal by leaving it in a public place, thus showing the owner’s refusal to care for it. If an animal is left in public for a certain period of time determined by statute, the owner can be charged with a misdemeanor. [17] If an owner attempts to reclaim an animal who has been abandoned by being left in a public place, the owner is liable for any costs incurred by the local authorities in dealing with the animal. [18] For example, if the animal found in a public place is brought to a veterinarian to be treated for injuries, and the owner wants the animal back, the owner is liable for the costs of treating the animal. [19] Authorities who find animals in public places take possession, but not full title, of that animal. [20] Possession of the animal entails giving necessary care and treatment to the animal until the animal is deemed suitable to be returned to its owner. [21] For example, if the animal is found injured, the local authority may require that animal to be treated before returning it to its owner.  The owner is then liable for any costs incurred. [22] If the owner cannot be found, or does not want the animal, the animal is turned over to the local animal shelter. Finally, an animal found in a public place without tags or other indication of being licensed is considered abandoned, and will be immediately turned over to an animal shelter upon being found.

D. Property rights when an individual finds an animal

            If an animal is picked up by a third party, and not by a shelter or public authorities, then the owner may retain title for a longer period of time. If the owner takes reasonable efforts to find the pet, such as contacting local shelters and putting up signs around the neighborhood, then the owner’s title to the animal will likely not be destroyed. [23] There is a presumption that if the animal is licensed, micro-chipped, or tattooed, and the owner has made efforts to find the animal, that the animal still belongs to the owner and should be returned if found by a third party. However, if the finder of a lost dog tries to find the owner and also cares for the animal for a long period of time, the finder may gain title to the animal. [24]

            If a person finds an animal and does not want that animal, the person is under an obligation to notify animal control authorities. [25] When a person finds a stray animal and wishes to gain title to that animal, the person must first attempt to find the original owner of the animal. If the animal is licensed, or otherwise identifiable, the person must contact the owner. The owner may wish to reclaim the animal, or may give the animal to the finder. If the animal is unlicensed, the person should make reasonable efforts to find the owner. Reasonable efforts include putting up signs around the area in which the animal was found and notifying local animal shelters. [26]Some states require lost animals to be turned over to the shelter even if the finder wants to keep the animal. [27] In that situation, the finder can request to be given first chance to adopt the animal after the shelter has held it the mandatory waiting period. [28]

Most courts will award title and possession of an animal to a finder if the finder has made efforts to find the owner. “Where the finder of a lost pet makes a reasonable effort to locate its owner, and responsibly cares for the animal over a reasonably extensive period of time, the finder may acquire possession of the animal.” [29]

 

IV. Property rights in an animal found by a humane society

Once an animal is brought into a humane society or city pound, that organization has an obligation, governed by federal and state (or in some cases, local) statute, to keep the animal for a prescribed period of time. This period of time varies from state to state.During the time that the shelter holds the animal, the shelter must make reasonable efforts to find the owner of the animal. Due the to overwhelming number of animals brought in to shelters, a “reasonable effort” generally means contacting the owner if the owner can be identified, and publishing a list of stray animals if no owner is determined. [30]

States require such efforts as a matter of policy; it is in the animal’s interest to be returned to a home where it receives love and care, so owners should have a reasonable opportunity to reclaim a lost animal. On the other hand, animals that do not have caring owners are best served if the state gains title after the owner has had sufficient opportunity to claim the animal. The shelter can then makes a decision in the animal’s best interest as to what should be done with the animal. The function of state laws governing found animals protects both the animal and the owner; shelters should consider both interests in determining their own policies in compliance with state law.

The shelter has possession, but not title, of the animal during the required holding period. In terms of property law, the shelter has bailment of the animal – that is, the shelter holds the animal (as property) and has possession of the animal. During the period of bailment, only the original owner can reclaim the animal, and he may be required to pay costs. For example, if the city or municipality brings animals into the shelter, and the owner is notified that they are there, the owner can be liable for any expenses incurred in board the animals. [31] In addition, the state legislature often gives the animal shelter the ability to put a lien on the animal, requiring owner to pay for costs incurred. If the owner does not pay, it is considered a forfeiture of the animal. [32]

A. Shelter’s duties to an animal brought in by the owner

            If an owner brings in an animal, the shelter has to keep the animal for a statutorily prescribed period of time before adopting out the animal or otherwise disposing of it. [33] In cases where the owner reclaims the animal, the shelter can require the owner to pay for the costs incurred in boarding the animal. Additionally, the shelter can keep possession of the animal until it determines that the animal is suitable to be returned to the owner. For example, if the animal is injured, the shelter can treat the animal before returning it the owner, and can collects costs from the animal. [34]

B. Shelter’s duties to a stray, unidentified animal

Humane societies do not gain title immediately to an animal that is unlicensed. [35] Shelters must still hold an unlicensed animal for a minimum amount of time, and must make reasonable efforts to find the owner. Due to the overwhelming number of animals in a shelter, reasonable efforts include posting a list of found animals at the shelter. [36] Such lists contain information as to the type of dog found, a general description of the animal’s appearance, where the animal was found, and when it was found. When an animal is brought in, the shelter must add it to the list; generally, such lists are kept in chronological order with the most recently found animals listed first. Persons searching for their lost animal can look through the list or obtain information from the shelter over the phone. In general, courts will uphold the decision of a humane society to adopt out an animal, as long the humane society has complied with any necessary statutory requirements, such as the minimum holding period. [37]This policy protects the shelter against lawsuits from owners who do not make reasonable efforts to find their animals.

C. Shelter’s duties to a stray, licensed animal

If the animal is licensed, that license shows ownership of the animal. Therefore, an animal that is clearly licensed (for example, by wearing a collar with tags on it) is deemed property of a specific person, and the shelter must make efforts to contact that person to let them know that the shelter has the animal. Further means of identification of an animal include micro-chipping, a practice that is now standard upon adopting animals from some humane societies, [38] and tattooing the animal. [39] Micro-chipping and tattooing show actual title to an animal in a traditional property law sense. Shelters that obtain a licensed animal must make reasonable efforts to contact the owner to inform him as to the animal’s whereabouts. Reasonable efforts generally entail calling or writing to the owner to inform him that the shelter has the animal and will hold it for a minimum number of days. If the owner does not respond within the statutory minimum holding period, the shelter gains title to the animal and can adopt it out or otherwise dispose of it. [40] Additionally, if the owner responds but does not take action to pick up the animal, the shelter still gains title after the minimum holding period. Shelters can collect costs from owners if the owner reclaims the animal. [41]

D. Shelter’s duties to a licensed animal brought in by a third party

            An animal that is brought in to a shelter by a third party (for example, a neighbor) is treated the same as an animal brought in by local authorities. The shelter must make reasonable efforts to contact the owner, such as calling or writing to notify the owner of the animal’s whereabouts. If the owner does not respond, the shelter is obligated to keep the animal for the requisite number of days; after that, the shelter gains title to the animal.

E. Holding period for licensed animals

Some states require a shelter to hold a licensed animal longer than an unlicensed one. There are policy reasons for this; first, an unlicensed animal is more likely to be sick or diseased from lack of care. A license shows that someone owns, and presumably cares for, the animal. An animal may escape while its owner is on vacation; therefore, it makes sense for shelters to hold licensed animals longer, to give the owner a chance to reclaim his animal. Also, a licensed animal is generally one which has a loving home; shelters prefer to return an animal to a place where it can get proper care, rather than have the animal be euthanized or adopted out to an unknown family.

F. Special situations in which a shelter does not have to hold the animal for a minimum number of days

There are narrow exceptions in most state statutes that allow shelters to euthanize animals before the minimum holding period has expired. If an animal is extremely sick, believed to be experiencing extreme pain and suffering, or has a contagious disease, the shelter can kill the animal [42] Such determination of the animal’s condition needs to be made by a veterinarian or the shelter supervisor. [43] If the shelter can determine who the owner of the animal is, it must make efforts to contact the owner by calling him before destroying the animal. [44] Generally, in cases in which the owner is known, the shelter must wait twenty-four hours after obtaining possession of the animal before destroying it; during this time, the shelter must repeatedly call the owner. [45] Such exceptions serve to protect both the specific animal and the animal population in general; allowing a contagious animal into a shelter would likely result in all of the animals becoming sick and therefore unadoptable.

G. Specific state laws regarding the minimum number of days a shelter must hold an animal

            Once a shelter has held an animal for the statutory minimum number of days, the shelter has several options regarding the disposition of the animal. The shelter can immediately adopt out the animal to a human family. It can also hold the animal for future adoptions; many shelters will do this while continuing to evaluate the animal for its potential success as an adoptee. Shelters can also decide to put the animal to sleep or, in limited circumstances, to sell it for research.

            States have specific statutes regulating how long a shelter must hold an animal before the shelter gains title to that animal. Beyond the statutorily required minimum holding period, shelters may hold animals for as long as they wish, under their own policies. Many shelters hold animals that are considered adoptable as long as there is room in the shelter; animals with health or temperament problems may be killed soon after the statutorily mandated holding period is up. Further, many shelters will hold animals that are easily identifiable – for example, through tags, tattoos, or micro-chips, longer than the required minimum. In fact, some states have different holding periods for animals that are easily identifiable than for ones who are not.

In Michigan, a private or public shelter must hold a found animal for four days after acquiring it, after which time the animal can be adopted out or put to sleep. [46] However, animals that are licensed or otherwise identifiable must be held for at least seven days before disposing of the animal. If a licensed or otherwise identifiable animal is sold for research after the seven day holding period, the owner must be notified before the transaction occurs. [47]

In California, animals must be kept at a shelter for six days, not including the day on which the animal was found. [48] After that, the animal can be adopted out or euthanized. [49] However, if the shelter has fewer than three full-time employees, a found animal must be kept only four days before being adopted or euthanized. Finally, if the shelter is open until at least seven in the evening, the shelter only needs to keep found animals for four days. Again, a shelter in California that sells found animals for research (after the statutory waiting period has run) must post a sign somewhere in its shelter that notifies the public of this practice. In New York, both public and private shelters must keep a found animal for five days before adopting or euthanizing it. [50]New York law makes no distinction between licensed and unlicensed animals; all must be kept for five days.

Some states, such as Texas, allow local municipalities to determine how long an animal needs to be kept in a shelter. Shelters in Houston, Texas must hold an animal for three days if it is unlicensed or otherwise unidentifiable. [51] If the animal is licensed, tattooed, or microchipped, it must be held for six days after the owner was notified that animal was in the shelter (notification must be made by mail or telephone). [52] On the seventh day, the shelter may dispose of the animal at its discretion. Texas state law governs the conditions in which animals must be kept in the shelter, but local cities and counties determine how long an animal is kept. [53]

H. Federal law

The Federal Pet Theft Act mandates a five-day holding period for shelters before selling a pet to a dealer.This is in order to prevent stolen pets from being sold to research companies, and to allow the owner to reclaim the animal. [54] The Act states that “[i]n the case of each dog or cat acquired by an entity described in paragraph (2), such entity shall hold and care for such dog or cat for a period of not less than five days to enable such dog or cat to be recovered by its original owner or adopted by other individuals before such entity sells such dog or cat to a dealer.” [55]The entities to which the Federal Pet Theft Act applies include all public and private animal shelters, as well as any research facility licensed by the federal Department of Agriculture. [56] This Act was passed to ensure that all companion animals used in research facilities were legally obtained, and also to protect pet owners from having their pets stolen for research purposes. [57] The Act applies to a fairly narrow class of animals, as it mandates only that those animals being sold to a research facility be held for at least five days before being sold. In addition, the shelter must give the receiving research facility a certification that the animal has been held for at least five days; without such, the research facility cannot accept the animal. [58]

Similarly, several states have statutes against shelters selling found animals to laboratories for research. [59] Some states also require a shelter that does sell animals for research to notify the public of such policy. [60] Additionally, the Federal Pet Theft Act trumps any state or local statute that allows an animal to be sold for research before being held for five days. Therefore, an owner has a cause of action against a shelter that is not in compliance with the Federal Pet Theft Act, even if the shelter is in compliance with its local laws.

I. Tort liability for shelters

Courts will generally uphold the decision of a humane society or animal shelter to euthanize an animal over the owner’s claim to that animal if the humane society followed all statutory obligations. [61] If a humane society has not complied with statutory mandates, in particular by not holding the animal the requisite minimum number of days or not attempting to contact the owner, the owner will likely be successful in a suit against the humane society. [62] Therefore, it is good policy for a shelter to establish a holding period that complies or exceeds that required by local law, in order to avoid liability to the owner. In addition, it is generally considered good policy to hold licensed animals as long as possible, particularly if the animal is adoptable.

J. Adoption procedures and transfer of title to new owner

When a person “adopts” an animal from a shelter, that person is really buying the animal; the transaction is covered by the Uniform Commercial Code, which regulates the sale of goods. Although humane societies can place conditions on the adoption of animals, [63] such conditions are difficult to enforce once the animal is placed with the new owner, as title then transfers from the shelter to the owner. [64] More than half of all states now require that animals be spayed or neutered before being adopted, [65] and contracts for adopting an animal that is too young to be fixed may include a clause requiring the new owner to get the animal fixed once it is old enough. [66] In such cases, the owner usually must leave a deposit with the shelter, which is forfeited if the owner cannot provide proof of spaying or neutering within the designated period of time. [67] Shelters are able to make extensive inquiries into an animal’s future living conditions before agreeing to the adoption of an animal. For example, shelters can inquire about the animal’s access to a backyard or other exercise; [68] other animals or children in the home; [69] and whether the animal will be kept indoors or out. [70] Shelters can call to check-up on an animal soon after an adoption; [71] however, the shelter generally cannot investigate or follow-up on the animal without cause. Shelters have cause to investigate an animal if there are reports of abuse or neglect, or if the animal is found running at large or otherwise abandoned in a public place. Such investigations are usually done by animal control. Of course, if the owner is suspected of animal cruelty, the animal control can also instigate criminal investigations.

 

V. Conclusion

Shelters must be aware of their obligations and limitations in caring for lost or abandoned animals. Shelters must hold animals for a minimum number of days so that an owner has a chance to reclaim a lost pet. The holding period protects the owner’s interest and title in the animal, and also protects the animal itself by attempting to return the animal to its caring owner. Allowing the shelter to take title to the animal after the requisite holding period benefits the animal. At that point, when the owner either cannot be found or does not want the animal, the best interests of the animal are determined by the shelter. Adoptable animals are generally held and placed with a new family; animals that are too sick, old, or unsociable to be adopted are euthanized. Once a shelter gains title to the animal, it can do with the animal as it sees fit, and its decision will be upheld by courts as long as the shelter complied with state law.  Following state law is essential not only to protect the rights of animal owners, but also to protect the shelter from tort actions by the owner; state law also ultimately protects the animal itself.



[1] See Mary Randolph, Dog Law (4th edition 2001).

[2]See, for example, Oregon that defines an animal as the property of its owner.

[3] See Lisa Kirtk, Recognizing Man’s Best Friend: An Evaluation of Damages Awarded when a Companion Pet is Wrongfully Killed, 25 Whittier L.Rev. 115 (2003).

[4] See Andrew Boxberger, The Missing Link in the Evolution of Law: Michigan’s Failure to Reflect Society’s Value of Companion Animals, 5 T.M. Cooley J. Prac. & Clinical L. 139 (2002).

[5] See Elizabeth Paek, Fido Seeks Full Membership in the Family: Dismantling the Property Classification of Companion Animals by Statute, 25 U. Haw. L. Rev. 481 (2003), in which the author discusses a case where a man was prosecuted for killing a woman’s dog. See also Lynn B. Epstein, Resolving Confusion in Pet Owner Tort Cases: Recognizing Pets’ Anthropomorphic Qualities Under a Property Classification, 26 S. Ill. U.L. J. 31 (2001) and Richardson v. Fairbanks N. Star Borough, 705 P.2d 454 (Al. 1985), in which the court used the fair market value of the animal in awarding damages; compare with the discussion in Valuing Companion Animals in Wrongful Death Cases: A Survey of Current Court and Legislative Action and a Suggestion for Valuing Pecuniary Loss of Companionship (note: pdf version), Elaine T. Byszewski, 9 Animal L. 215 (2003), in which the author discusses various courts’ opinions stating the need for legislation that allows for emotional distress damages in wrongful death of pets cases.

[6] See Epstein, supra note 5, and Paek, supra note 5.

[7]Id.

[8] See Garry W. Beyer, Estate Planning for Pets, 15-AUG Prob. & Prop. 7 (2001).

[9] In addition, leaving an animal in this manner will also likely be a criminal offense. See Randolph, Dog Law at 13/9.

[10] This is similar to the concept of eminent domain, in which the government gains property rights to land. In addition, the government in most states has the right to immediately destroy any animal running at large that poses an immediate threat or danger to the public; see Dog Law, supra note 1. In general, however, animal control authorities must impound an animal running at large and make efforts to contact its owners before gaining property rights in that animal. Dog Law.

[11] See Pet Fair, Inc. v. Humane Soc. Of Greater Miami, 583 So.2d 407 (1991); see also C.R.S.A. § 35-80-106.3 (Colorado), which provides that shelters must hold owner-forfeited animals for the minimum holding period. This is a somewhat unusual holding and does not seem to be the general rule.

[12]Id.

[13] For example, see C.R.S.A. 35-80-106.3(2), which states “[a]n animal shelter and any employee thereof that complies with the minimum holding period as set forth in subsection (1) of this section or that disposes of a pet animal in accordance with the provisions of subsection (1) of this section for owner-surrendered animals, abandoned animals, or suffering animals shall be immune from liability in a civil action brought by the owner of a pet animal for the shelter’s disposition of a pet animal.”

[14] See, for example, 59 Okl..St.Ann § 698.16; Ohio Revised Code Annotated R.C. § 4741.30; V.A.M.S. 340.288 (Missouri); C.R.S.A. § 12-64-115 (Colorado); 17 M.R.S.A. § 1021 (Maine).

[15] State statutes generally require the facility to hold the animal for at least ten days, and often up to thirty days. See, for example, Animal Hospital of Elmont, Inc. v. Gianfrancisco, 418 N.Y.S.2d 992 (1979). In New York, a person who leaves an animal for a specified period of time with a kennel or veterinary facility and does not claim the animal within ten days of the last day of service is deemed to have abandoned the animal. If the period of time the animal is to be left with the facility is unspecified, the animal is considered to have been abandoned twenty days after the facility notifies the owner that it still has the animal. See also Massachusetts Soc. For Prevention of Cruelty to Animals v. Commissioner of Public Health, 158 N.E.2d 487 (1959); Massachusetts has a ten-day period in which a facility must hold an abandoned animal before turning it over to an animal shelter.

[16] See Gianfrancisco, supra note 15, in which the court found that a facility that prematurely turns an animal over to a shelter can be liable for that animal’s costs.

[17] See People v. Rogers, 708 N.Y.S.2d 795 (2000), which discusses the New York rule that an animal left in the public for more than three hours is deemed abandoned, and its owner can be charged with a misdemeanor. See also Anderson v. George, 233 S.E.2d 407 (1977) for a description of how West Virginia deals with animal abandonment.

[18] See Broden v. Marin Humane Society, 83 Cal. Rptr. 235 (1999).

[19]Id.

[20]Id. See also Dog Law, supra note 1, in which the author points out that unless an animal running at large poses an immediate threat to the public, animal control authorities must hold the animal for the minimum number of days and attempt to contact the owner before destroying or adopting out the animal. Dog Law, at 2/12.

[21] See Broden, supra note 18.

[22]Id.; see also Pet Fair, Inc. v. Humane Soc. Of Greater Miami, 553 So.2d 407 (1991).

[23] Williams v. McMahan, 2002 WL 242538 (2002).

[24] Morgan v. Kroupa, 702 A.2d 630 (Vt. 1997).

[25] Mary Randolph, Dog Law 18.

[26]See Morgan v. Kroupa, 702 A.2d 630 (Vt. 1997).

[27] Randolph, Dog Law 18-19.

[28]Id.

[29] Morgan v. Kroupa, supra note 24.

[30] Randolph, Dog Law.

[31] See Hubbard v. City of Oxford, Inc., 717 So.2d 814 (1998).

[32]SeeState v. Branstetter, 45 P.3d 137 (Or.App. 2002).

[33] See discussion on page 3, supra.

[34] See supra notes 9 and 10.

[35] See, for example, Scharfield v. Richardson, in which the court found that an owner’s property rights do not extinguish when the animal is lost and unlicensed. Compare to Williams, in which the court found that the owner’s failure to license an animal amounted to an expiration of the owner’s property rights.

[36] Randolph, Dog Law.

[37] See Huss, Separation, Custody, and Estate Planning Issues Relating to Companion Animals, 74 U.Colo. L. Rev. 181 (2003); see also Johnson v. Atlanta Humane Society, 326 S.E.2d 585 (Ga.Ct. App. 1985).

[38] For example, the Kent County Humane Society in Walker, MI.

[39] When an animal is tattooed, its identification number is registered with the state department of agriculture, and also engraved on a tag to be worn on the animal’s collar. If the owner and animal move to a different state, the number can be registered with that state’s department of agriculture.

[40] Randolph, Dog Law.

[41] See supra note 9.

[42] People v. Youngblood, 109 Cal. Rptr.2d 776 (2001).

[43]Id.

[44] C.R.S.A. § 35-80-106.3 (Colorado).

[45]Id.

[47]Id.

[48] Ca. Food & Ag. 31108.

[49] However, it is California’s state policy that no adoptable or treatable animal should be euthanized. See West’s Ann. Cal. Civ. Code § 1834.4; an “adoptable” animal is one that does not pose a threat to the public.

[50]McKinney’s Ag. & Markets Laws § 322.

[51] Section 6-111 of Division 4, Code of Ordinances for the City of HoustonTexas.

[52]Id.

[53] Title 10 of the Texas Health and Safety Code applies to animals, and does not include a section mandating a minimum time period for which a found animal must be kept.

[54] 7 U.S.C. 2158

[55]Id.

[56] 7 U.S.C.A. § 2158(a)(2).

[57] See id.; see also 2003 Cong.  S 2346.

[58] 7. U.S.C.C. § 2158 (b)(2).

[59]  Connecticut, Delaware, Hawaii, New Jersey, New York, Pennsylvania, Rhode Island, and West Virginia all have statutes that prevent shelters from selling animals for research purposes. Dog Law, supra note 1.

[60] For example, California.

[61] See supra note 11. See also Rebecca J. Huss, Valuing Man’s and Woman’s Best Friend: The Moral and Legal Status of Companion Animals, 86 Marq. L.Rev. 47 (2002); see also Johnson v. Atlanta Humane Society, 326 S.E.2d 585 (Ga. Ct. App. 1985); Lamare v. N. Country Animal League, 743 A.2d 598 (1999). In both cases, the courts found that as long as the humane society complied with statutory mandates, its transfer of title to third person (or killing the animal) was upheld against the owner’s original title, because the owner was found to have forfeited title by losing their animal.

[62] Richardson v. Fairbanks N. Star Borough, 705 P.2d 454 (Al. 1985), the owner was successful in a suit against an animal shelter that killed his dog before the minimum holding period had expired. The owner was able to recover market value damages.

[63] State legislatures usually give animal shelters the ability to devise their own policies regarding the adoption of animals; many state legislatures have enacted statutes stating that the shelter does not need to adopt an animal to a person unwilling to comply with the shelter’s policies or conditions. See, for example, V.A.M.S. § 273.405, which is the Missouri statute. See also the Louisiana statute, LSA-R.S. 3:2475, which further states that if the conditions agreed upon are not upheld, the shelter is able to bring a court action.

[64] Such conditions help the shelter to ensure that the adoption will be final, and that they will not end up taking title to the animal again due to unfit conditions.

[65]Arizona, Arkansas, California, Connecticut, DC, Florida, Georgia, Illinois, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Missouri, Montana, Nevada, Michigan, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, and Virginia all require that animals be spayed or neutered before leaving the shelter. Dog Law, supra note 1, at 2/20.

[66] See, for example, M.C.L.A. 287.338a (Michigan); West’s Ann. Cal.Civ.Code § 1815 (California).

[67]Id.

[68] For example, most shelters will inquire about a prospective owner’s living conditions, and may not allow the person to adopt if she lives in an apartment unless she can show that the landlord allows pets.

[69] Some shelters require that all animals living in the same household meet before an additional animal is adopted; for example, the Kent County Humane Society in Michigan.

[70] Shelters may have policies that allow them to decline adoption to a person who intends to keep the animal solely out-of-doors. For example, in Michigan, local humane societies allow adoption of dogs only if they are to be housed indoors; however, in South Carolina, shelters will adopt to families who intend to have the dog be an outdoor-only animal.

[71] Several shelters in Michigan have a policy of making follow-up calls a week after an animal is adopted.

Illinois Consolidated Dog Laws

Illinois Consolitdated Dog Laws

Please consult http://animallaw.info/for any updates.

Illinois
West’s Smith-Hurd Illinois Compiled Statutes Annotated. Chapter 510. Animals. Act 5. Animal Control Act. Act 72. Humane Euthanasia in Animal Shelters Act. Act 13. Assistance Animal Damages Act. Act 630. Guide Dog Access Act. Act 92. Illinois Public Health and Safety Animal Population Control Act. Statute Details
Printable Version
Citation: 510 ILCS 5/1 – 35; 510 ILCS 92/1 – 999; 720 I.L.C.S. 630/0.01 – 1; 510 ILCS 72/1 – 180; 740 I.L.C.S. 13/1 – 10; 55 I.L.C.S. 5/5-1071 – 1071.1; 60 I.L.C.S. 1/30-110; 520 I.L.C.S. 20/15 and 20/19; 520 I.L.C.S. 5/2.34; 105 I.L.C.S. 5/14-6.02; 65 I.L.C.S. 5/11-20-9; 520 I.L.C.S. 5/1.2y, 2z; 520 I.L.C.S. 5/3.26
Citation: IL ST CH 510 § 5/1 – 35; IL ST CH 510 § 92/1 – 999; IL ST CH 720 § 630/0.01 -1; IL ST CH 510 § 72/1 – 180; IL ST CH 740 § 13/1 – 10; IL ST CH 55 § 5/5-1071 – 1071.1; IL ST CH 60 § 1/30-110; IL ST CH 520 § 20/15 and 20/19; IL ST CH 520 § 5/2.34; IL ST CH 105 § 5/14-6.02; IL ST CH 65 § 5/11-20-9; IL ST CH 520 § 5/1.2y, 2z; IL ST CH 520 § 5/3.26

Last Checked by Web Center Staff: 12/2013

Summary:   These statutes comprise Illinois’ dog laws.  Among the provisions include the Animal Control Act, which regulates the licensing and control of dogs, the Diseased Animal Act, and the Humane Euthanasia in Animal Shelters Act.

Statute in Full:

Municipal Control of Dogs

Chapter 55. Counties. Act 5. Counties Code. Article 5. Powers and Duties of County Boards.5/5-1071. Dogs running at large

5/5-1071.1. Vicious and dangerous dogs

Chapter 60. Townships. Act 1. Township Code. Article 30. Annual Township Meeting.

1/30-110. Impounding and sale of animals

Chapter 65. Municipalities. Act 5. Illinois Municipal Code. Article 11. Corporate Powers and Functions. Public Health, Safety and Welfare. Health Regulations. Division 20. Food, Water, Disease, Other Regulations.

5/11-20-9. Animals running at large; dog tax

Wildlife Provisions Concerning Dogs

Chapter 520. Wildlife. Act 5. Wildlife Code. Article II. Game Protective Regulations. Additional Provisions.

5/2.34. Dog Trials

Chapter 520. Wildlife. Act 5. Wildlife Code. Article I. Authorities and Powers.

5/1.2y. Hound running

5/1.2z. Authorized species

Chapter 520. Act 5. Wildlife Code. Article III. Licenses and Permits. Commercial Permits

5/3.26. Hound running area permits; requirements

Chapter 520. Wildlife. Act 20. Wildlife Habitat Management Areas Act.

20/15. Inadvertent entry of dog; recovery

Dangerous Dog/Animal Control Provisions

Chapter 510. Animals. Act 5. Animal Control Act.

5/1. Short title

5/2. Definitions

5/2.01. Administrator

5/2.02. Animal

5/2.03. Animal Control Warden

5/2.03a. Business day

5/2.04. Board

5/2.04a. Cat defined

5/2.05. Confined

5/2.05a. Dangerous dog

5/2.06. Department

5/2.07. Deputy Administrator

5/2.08. Director

5/2.09. District

5/2.10. District Board

5/2.11. Dog

5/2.11a. Enclosure

5/2.11b. Feral cat

5/2.11c. Intact animal

5/2.12. Has been bitten

5/2.12a. Impounded

5/2.13. Inoculation against rabies

5/2.14. Leash

5/2.15. Licensed veterinarian

5/2.16. Owner

5/2.17. Person

5/2.17a. Peace officer

5/2.17b. Police animal

5/2.17c. Potentially dangerous dog

5/2.18. Pound

5/2.18a. Physical injury

5/2.19. Registration certificate

5/2.19a. Serious physical injury

5/2.19b. Vicious dog

5/3. Appointment of administrator; appointment of deputy administrators and animal control wardens; compensation; removal; personnel and facilities

5/4. Agreements by two or more counties; designation as district; board

5/5. Duties and powers

5/6. § 6. Repealed by P.A. 78-1166, § 2, eff. Aug. 27, 1974

5/7. Remittance of fees; Animal Control Fund; use of fund; self-insurance

5/7.1. Fee for pickup and disposal of dead animals

5/8. Inoculation against rabies required; rabies inoculation tags; sale and distribution of vaccine

5/9. Dogs running at large; impoundment

5/10. Impoundment; redemption

5/11. Dogs or cats not redeemed; humane dispatch or adoption; release without spaying or neutering prohibited

5/12. Animals exhibiting signs of rabies; notice to administrator; confinement of animals; animals exposed; confinement

5/13. Dog or other animal bites; observation of animal

5/14. Prevention of spread of rabies; powers

5/15. Vicious dog determination

5/15.1. Dangerous dog determination

5/15.2. Dangerous dogs; leash

5/15.3. Dangerous dog; appeal

5/15.4. Potentially dangerous dog

5/16. Animal attacks or injuries

5/16.5. Expenses of microchipping

5/17. Right of entry; inspections; apprehension of dog or other animals; refusal of owner to deliver dog or other animal

5/18. Killing of dog seen to injure, wound or kill domestic animals

5/18.1. Liability of dog owner or keeper for damages

5/19. Reimbursement of owner of domestic animals killed or injured by dog; procedure

5/20. Payment to owner of domestic animals no bar to action for damages; repayment to Animal Control Fund

5/21. § 21. Repealed by P.A. 87-157, § 5, eff. Jan. 1, 1992

5/22. Supervision by department; rules and regulations

5/23. § 23. Repealed by P.A. 78-1166, § 2, eff. Aug. 27, 1974

5/24. Powers of municipalities and other political subdivisions to regulate dogs and other animals

5/25. Effect of invalid section, part of section, rule or regulation

5/26. Violations; punishment

5/27. Failure, refusal or neglect of officer to carry out Act; punishment

5/28. § 28. Repealer [Acts repealed omitted]

5/30. Rules

5/35. Liability

Spay/Neuter Provisions

Chapter 510. Animals. Act 92. Illinois Public Health and Safety Animal Population Control Act.

92/1. Short title

92/5. Findings

92/10. Definitions

92/15. Income tax checkoff

92/20. Program established

92/25. Eligibility to participate

92/30. Veterinarian participation

92/35. Rulemaking

92/40. Enforcement; administrative fine

92/45. Pet Population Control Fund

92/999. Effective date

Service Animal Provisions

Chapter 105. Schools. Common Schools. Act 5. School Code. Article 14. Children with Disabilities.

5/14-6.02. Service animals

Chapter 720. Criminal Offenses. Offenses Against The Public. Act 630. Guide Dog Access Act.

630/0.01. Short title

630/1. Service animals; entry and use of public place of accommodation

Chapter 740. Civil Liabilities. Act 13. Assistance Animal Damages Act.

13/1. Short title

13/5. Definitions

13/10. Damages recoverable for harm or theft of assistance animal

Euthanasia Provisions

Chapter 510. Animals. Act 72. Humane Euthanasia in Animal Shelters Act.

72/1. Short title

72/5. Definitions

72/10. Certification requirement, exemptions

72/15. Powers and duties of the Department

72/20. Application for original certification

72/25. Euthanasia agency

72/35. Technician certification; duties

72/40. Issuance of certificate

72/45. Certifications; renewal; restoration; person in military service; inactive status

72/50. § 50. Repealed by P.A. 93-626, § 10, eff. Dec. 23, 2003

72/55. Endorsement

72/57. Procedures for euthanasia

72/60. Fees; returned checks

72/65. Refused issuance, suspension or revocation of certification

72/80. Exemption from liability

72/85. Cease and desist order

72/90. Uncertified practice; civil penalty

72/95. Inspections

72/100. Investigations; notice and hearing

72/105. Stenographer; transcript

72/110. Compelling testimony

72/115. Findings and recommendations

72/120. Rehearing on motion

72/125. Rehearing on order of Director

72/130. Hearing Officer

72/135. Order or certified copy

72/140. Restoration of certificate

72/145. Surrender of certificate

72/150. Temporary suspension of a certificate

72/155. Administrative Review Law

72/160. Certification of record; costs

72/165. Criminal penalties

72/170. Administrative Procedure Act

72/175. Home rule

72/180. Deposit of fees and fines

 


Chapter 65. Municipalities. Act 5. Illinois Municipal Code. Article 11. Corporate Powers and Functions. Public Health, Safety and Welfare. Health Regulations. Division 20. Food, Water, Disease, Other Regulations.

5/11-20-9. Animals running at large; dog tax

§ 11-20-9. The corporate authorities of each municipality may regulate and prohibit the running at large of horses, asses, mules, cattle, swine, sheep, goats, geese, and dogs, and may impose a tax on dogs.

CREDIT(S)

Laws 1961, p. 576, § 11-20-9, eff. July 1, 1961.

 

Chapter 105. Schools. Common Schools. Act 5. School Code. Article 14. Children with Disabilities.

5/14-6.02. Service animals

§ 14-6.02. Service animals.

§ 14-6.02. Service animals. Service animals such as guide dogs, signal dogs or any other animal individually trained to perform tasks for the benefit of a student with a disability shall be permitted to accompany that student at all school functions, whether in or outside the classroom. For the purposes of this Section, “service animal” has the same meaning as in Section 48-8 of the Criminal Code of 2012.

Credits

Laws 1961, p. 31, § 14-6.02, added by P.A. 87-228, § 1, eff. Jan. 1, 1992. Amended by P.A. 97-956, § 5, eff. Aug. 14, 2012; P.A. 97-1150, § 235, eff. Jan. 25, 2013.

 

 

Chapter 520. Wildlife. Act 5. Wildlife Code. Article II. Game Protective Regulations. Additional Provisions.

5/2.34. Dog Trials

§ 2.34. Dog Trials.

(a) Dogs of any breed may be trained the year round in accordance with the provisions of this Act.

(b) During the periods of time when it is unlawful to take species protected by this Act, the only firearms which shall be used in the training of dogs from sunrise to sunset shall be pistols with blank cartridges. No other gun or ammunition may be in immediate possession during this time. No person or persons in, along with, or accompanying the dog training party, shall be in possession of any firearm or live ammunition, except pistols capable of firing only blank cartridges during the hours from sunset to sunrise. All organized field trials or training grounds approved by the Department shall be exempt from this provision.

(c) No field trial shall be held without a permit from the Department.

The following Department areas shall be designated as horseback field trial sites; Lee County Conservation Area, Des Plaines Conservation Area, Moraine View State Park, Middle Fork Fish and Wildlife Area, Hamilton County Conservation Area, and Wayne Fitzgerrell State Park. The Department shall provide and maintain quality wildlife habitat on these sites.

Field trials shall be scheduled only from September 1 through April 30 in the Northern Zone and September 1 through April 15 in the Southern Zone. The Department maintains the authority to schedule and administer field trials. The boundary between the Northern Zone and the Southern Zone shall be U.S. Route 36. However, (i) if the opening date of the field trial season falls on Sunday, the season will begin on Saturday of that weekend; and (ii) if the closing date of the field trial season falls on Saturday, the season will conclude on Sunday of that weekend; and (iii) if during the final days of the field trial season a field trial organization begins a field trial which is subsequently interrupted due to inclement weather, the field trial organization may complete the trial, subject to the Department’s approval, even though the field trial season has ended. The field trial organization must complete the trial on the first possible day or days. Field trials for the retrieving breeds are exempt from these field trials season provisions and shall have no closed season.

The fee for field trials shall be established by the Department by rule.

(d) The Department is authorized to designate dog training areas and to grant permits for all field trials including those field trials where game birds reared under Section 3.23 are released and taken in accordance with the rules and regulations set forth by the Department. Applications for permits for such trials and training areas shall be accompanied by detailed information as to the date and the location of the grounds where such trial area or training grounds is located. Applicants for field trial or dog training permits must have the consent of the landowner prior to applying for such permit. Fees and other regulations will be set by administrative rule.

(e) All permits for designated dog training areas shall expire March 31st of each year.

(f) Permit holders for designated dog training areas must possess a wild game breeder’s permit or a game breeding and hunting preserve area permit and may utilize live bird recall devices on such areas.

(g) Nothing shall prevent an individual from using a dog in the taking of squirrel during the open season.

(h) All hand reared game released and shot at field trials shall be properly identified with tags as provided for by this Act and such birds shall be banded before they are removed from the field trial area.

CREDIT(S)

P.A. 77-1781, § 2.34, eff. July 1, 1972. Amended by P.A. 78-482, § 1, eff. Aug. 30, 1973; P.A. 81-382, § 1, eff. Jan. 1, 1980; P.A. 84-150, § 1, eff. Jan. 1, 1986; P.A. 85-152, § 1, eff. Jan. 1, 1988; P.A. 85- 1181, § 1, eff. Aug. 13, 1988; P.A. 86-920, § 1, eff. Sept. 11, 1989; P.A. 87-1051, § 1, eff. Jan. 1, 1993.

 

Chapter 520. Wildlife. Act 20. Wildlife Habitat Management Areas Act.

20/15. Inadvertent entry of dog; recovery

§ 15. Should a dog inadvertently enter a refuge area, it may be recovered by the owner, or person in control, by entering the refuge area without firearms or bows and arrows.

CREDIT(S)

Laws 1959, p. 1409, § 15, eff. July 17, 1959.

 

20/19. Regulation of entry upon refuge

§ 19. Except as otherwise provided in this Act, it is unlawful for any person, except by special permission of a duly authorized representative of the Department, to enter or go upon a Wildlife Habitat Management Area Refuge Safety Zone, during any open season for the hunting of game, or to enter or go upon such a refuge at any time of the year with firearms, or bows and arrows, or traps, or dogs, or to permit a dog or dogs under his control to enter any refuge. The Department, however, is hereby empowered, by adopting a suitable regulation to prohibit a person or persons from entering or going upon any such refuge, or all such refuges, at any or all times of the year should it deem such action advisable.

CREDIT(S)

Laws 1959, p. 1409, § 19, eff. July 17, 1959. Amended by Laws 1961, p. 2296, § 1, eff. July 31, 1961.

 

Chapter 60. Townships. Act 1. Township Code. Article 30. Annual Township Meeting.

1/30-110. Impounding and sale of animals

§ 30-110. Impounding and sale of animals. The electors may authorize the distraining, impounding, and sale of cattle, horses, mules, asses, swine, sheep, and goats for penalties incurred and the costs of the proceeding. The sale of animals distrained or impounded shall be conducted, as near as may be practicable, according to the law regulating sales of property by sheriffs for the satisfaction of a judgment of the circuit court. The owner of the animals may redeem them from the purchaser at any time within 3 months from the date of the sale by paying the amount of the purchaser’s bid, with reasonable costs for their keeping and interest upon the amount bid at the rate of 10% per annum. The electors may also authorize the impounding of dogs found running at large and provide for their destruction at the end of a reasonable period of time if they are not claimed and the cost of impounding paid.

CREDIT(S)

P.A. 88-62, Art. 30, § 30-110, eff. Jan. 1, 1994.

 

Chapter 55. Counties. Act 5. Counties Code. Article 5. Powers and Duties of County Boards. Division 5-1. In General.

5/5-1071. Dogs running at large

§ 5-1071. Dogs running at large. The county board of each county may regulate and prohibit the running at large of dogs in unincorporated areas of the county which have been subdivided for residence purposes. The county board may impose such fines or penalties as are deemed proper to effectuate any such regulation or prohibition of dogs running at large, except when a fine or penalty is already allowed by law.

CREDIT(S)

P.A. 86-962, Art. 5, § 5-1071, eff. Jan. 1, 1990. Amended by P.A. 94- 819, § 5, eff. May 31, 2006.

 

5/5-1071.1. Vicious and dangerous dogs

§ 5-1071.1. Vicious and dangerous dogs. Counties may regulate vicious and dangerous dogs in accordance with the provisions of the Animal Control Act. [FN1]

[FN1] 510 ILCS 5/1 et seq.

CREDIT(S)

P.A. 86-962, Art. 5, § 5-1071.1, added by P.A. 86-1460, § 2, eff. July 1, 1991.

 

Chapter 510. Animals. Act 5. Animal Control Act.

5/1. Short title

§ 1. This Act shall be known and may be cited as the Animal Control Act.

CREDIT(S)

P.A. 78-795, § 1, eff. Oct. 1, 1973.

 

5/2. Definitions

§ 2. As used in this Act, unless the context otherwise requires, the terms specified in Sections 2.01 through 2.19 have the meanings ascribed to them in those Sections.

CREDIT(S)

P.A. 78-795, § 2, eff. Oct. 1, 1973.

 

5/2.01. Administrator

§ 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.

CREDIT(S)

P.A. 78-795, § 2.01, eff. Oct. 1, 1973. Amended by P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/2.02. Animal

§ 2.02. “Animal” means every living creature, other than man, which may be affected by rabies.

CREDIT(S)

P.A. 78-795, § 2.02, eff. Oct. 1, 1973. Amended by P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/2.03. Animal Control Warden

§ 2.03. “Animal Control Warden” means any person appointed by the Administrator to perform the duties set forth in this Act.

CREDIT(S)

P.A. 78-795, § 2.03, eff. Oct. 1, 1973. Amended by P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/2.03a. Business day

§ 2.03a. “Business day” means any day including holidays that the animal control facility is open to the public for animal reclaims.

CREDIT(S)

P.A. 78-795, § 2.03a, added by P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/2.04. Board

§ 2.04. “Board” means the county board in each county, as defined by Section 5-1004 of the Counties Code. [FN1]

[FN1] 55 ILCS 5/5-1004.

CREDIT(S)

P.A. 78-795, § 2.04, eff. Oct. 1, 1973. Amended by P.A. 86-1475, Art. 3, § 3-5, eff. Jan. 10, 1991.

 

5/2.04a. Cat defined

§ 2.04a. “Cat” means Felis catus.

CREDIT(S)

P.A. 78-795, § 2.04a, added by P.A. 93-548, § 5, eff. Aug. 19, 2003. Amended by P.A. 94-639, § 915, eff. Aug. 22, 2005.

 

5/2.05. Confined

§ 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.

CREDIT(S)

P.A. 78-795, § 2.05, eff. Oct. 1, 1973. Amended by P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/2.05a. Dangerous dog

§ 2.05a. “Dangerous dog” means (i) any individual dog anywhere other than upon the property of the owner or custodian of the dog and 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 or (ii) a dog that, without justification, bites a person and does not cause serious physical injury.

CREDIT(S)

P.A. 78-795, § 2.05a, added by P.A. 93-548, § 5, eff. Aug. 19, 2003. Amended by P.A. 94-639, § 915, eff. Aug. 22, 2005.

 

5/2.06. Department

§ 2.06. “Department” means the Department of Agriculture of the State of Illinois.

CREDIT(S)

P.A. 78-795, § 2.06, eff. Oct. 1, 1973.

 

5/2.07. Deputy Administrator

§ 2.07. “Deputy Administrator” means a veterinarian licensed by the State of Illinois, appointed by the Administrator.

CREDIT(S)

P.A. 78-795, § 2.07, eff. Oct. 1, 1973. Amended by P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/2.08. Director

§ 2.08. “Director” means the Director of the Department of Agriculture of the State of Illinois, or his duly appointed representative.

CREDIT(S)

P.A. 78-795, § 2.08, eff. Oct. 1, 1973.

 

5/2.09. District

§ 2.09. “District” means a geographic area consisting of 2 or more counties in their entirety.

CREDIT(S)

P.A. 78-795, § 2.09, eff. Oct. 1, 1973.

 

5/2.10. District Board

§ 2.10. “District Board” means the governing body created to act as a single unit to effectuate this Act in a District and shall consist of 3 members of the Board of each county involved.

CREDIT(S)

P.A. 78-795, § 2.10, eff. Oct. 1, 1973.

 

5/2.11. Dog

§ 2.11. “Dog” means all members of the family Canidae.

CREDIT(S)

P.A. 78-795, § 2.11, eff. Oct. 1, 1973.

 

5/2.11a. Enclosure

§ 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, it cannot have direct ingress from or egress to the outdoors unless it leads directly to an enclosed pen and 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.

CREDIT(S)

P.A. 78-795, § 2.11a, added by P.A. 93-548, § 5, eff. Aug. 19, 2003. Amended by P.A. 94-639, § 915, eff. Aug. 22, 2005.

 

5/2.11b. Feral cat

§ 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, (ii) is a formerly owned cat that has been abandoned and is no longer socialized, or (iii) lives on a farm.

CREDIT(S)

P.A. 78-795, § 2.11b, added by P.A. 93-548, § 5, eff. Aug. 19, 2003. Amended by P.A. 94-639, § 915, eff. Aug. 22, 2005.

 

5/2.11c. Intact animal

§ 2.11c. Intact animal. “Intact animal” means an animal that has not been spayed or neutered.

CREDIT(S)

P.A. 78-795, § 2.11c, added by P.A. 94-639, § 915, eff. Aug. 22, 2005.

 

5/2.12. Has been bitten

§ 2.12. “Has been bitten” means has been seized with the teeth or jaws so that the person or animal seized has been nipped, gripped, wounded, or pierced, and further includes contact of saliva with any break or abrasion of the skin.

CREDIT(S)

P.A. 78-795, § 2.12, eff. Oct. 1, 1973.

 

5/2.12a. Impounded

§ 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.

CREDIT(S)

P.A. 78-795, § 2.12a, added by P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/2.13. Inoculation against rabies

§ 2.13. “Inoculation against rabies” means the injection of an antirabies vaccine approved by the Department.

CREDIT(S)

P.A. 78-795, § 2.13, eff. Oct. 1, 1973.

 

5/2.14. Leash

§ 2.14. “Leash” means a cord, rope, strap, or chain which shall be securely fastened to the collar or harness of a dog or other animal and shall be of sufficient strength to keep such dog or other animal under control.

CREDIT(S)

P.A. 78-795, § 2.14, eff. Oct. 1, 1973.

 

5/2.15. Licensed veterinarian

§ 2.15. “Licensed veterinarian” means a veterinarian licensed by the State in which he engages in the practice of veterinary medicine.

CREDIT(S)

P.A. 78-795, § 2.15, eff. Oct. 1, 1973.

 

5/2.16. Owner

§ 2.16. “Owner” means any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his care, or acts as its custodian, or who knowingly permits a dog to remain on any premises occupied by him or her. “Owner” does not include a feral cat caretaker participating in a trap, spay/neuter, return or release program.

CREDIT(S)

P.A. 78-795, § 2.16, eff. Oct. 1, 1973. Amended by P.A. 93-548, § 5, eff. Aug. 19, 2003; P.A. 94-639, § 915, eff. Aug. 22, 2005.

 

5/2.17. Person

§ 2.17. “Person” means any individual, 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.

CREDIT(S)

P.A. 78-795, § 2.17, eff. Oct. 1, 1973. Amended by P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/2.17a. Peace officer

§ 2.17a. “Peace officer” has the meaning ascribed to it in Section 2-13 of the Criminal Code of 2012.

Credits

P.A. 78-795, § 2.17a, added by P.A. 93-548, § 5, eff. Aug. 19, 2003. Amended by P.A. 97-1150, § 555, eff. Jan. 25, 2013.

 

 

5/2.17b. Police animal

§ 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.

CREDIT(S)

P.A. 78-795, § 2.17b, added by P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/2.17c. Potentially dangerous dog

§ 2.17c. “Potentially dangerous dog” means a dog that is unsupervised and found running at large with 3 or more other dogs.

CREDIT(S)

P.A. 78-795, § 2.17c, added by P.A. 95-550, § 10, eff. June 1, 2008.

 

5/2.18. Pound

§ 2.18. “Pound” or “animal control facility” may be used interchangeably and mean 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.

CREDIT(S)

P.A. 78-795, § 2.18, eff. Oct. 1, 1973. Amended by P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/2.18a. Physical injury

§ 2.18a. “Physical injury” means the impairment of physical condition.

CREDIT(S)

P.A. 78-795, § 2.18a, added by P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/2.19. Registration certificate

§ 2.19. “Registration certificate” means a printed form prescribed by the Department for the purpose of recording pertinent information as required by the Department under this Act.

CREDIT(S)

P.A. 78-795, § 2.19, eff. Oct. 1, 1973.

 

5/2.19a. Serious physical injury

§ 2.19a. “Serious physical injury” means a physical injury that creates a substantial risk of death or that causes death, serious disfigurement, protracted impairment of health, impairment of the function of any bodily organ, or plastic surgery.

CREDIT(S)

P.A. 78-795, § 2.19a, added by P.A. 93-548, § 5, eff. Aug. 19, 2003. Amended by P.A. 94-639, § 915, eff. Aug. 22, 2005.

 

5/2.19b. Vicious dog

§ 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.

CREDIT(S)

P.A. 78-795, § 2.19b, added by P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/3. Appointment of administrator; appointment of deputy administrators and animal control wardens; compensation; removal; personnel and facilities

§ 3. The County Board Chairman with the consent of the County Board shall appoint an Administrator. 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. The Administrator may be removed from office by the County Board Chairman, with the 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 and may establish a county animal population control 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 may require microchipping of dogs and cats. The Board shall impose an individual dog or cat registration fee with a minimum differential of $10 for intact dogs or cats. Ten dollars of the differential shall be placed either in a county animal population control fund or in the State’s Pet Population Control Fund. If the money is placed in the county animal population control fund it shall be used to (i) spay, neuter, or sterilize adopted dogs or cats or (ii) spay or neuter dogs or cats owned by low income county residents who are eligible for the Food Stamp Program. 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 may serve as the county animal control registration number.

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 shall 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.

CREDIT(S)

P.A. 78-795, § 3, eff. Oct. 1, 1973. Amended by P.A. 78-1166, § 1, eff. Aug. 27, 1974; P.A. 81-640, § 1, eff. Jan. 1, 1980; P.A. 83-711, § 1, eff. Jan. 1, 1984; P.A. 87-157, § 2, eff. Jan. 1, 1992; P.A. 93-548, § 5, eff. Aug. 19, 2003; P.A. 94-639, § 915, eff. Aug. 22, 2005.

 

5/4. Agreements by two or more counties; designation as district; board

§ 4. When the Boards of 2 or more counties, through mutual agreement, wish to join to effectuate any part or all of this Act, they shall make written request to the Director, setting forth the geographical area and the Sections of this Act involved. Whenever, as ascertained from investigation, hearing, or otherwise, the Director determines it is advisable that these counties form a District, he may designate and establish such District. A District Board shall be formed and shall effectuate this Act as set forth for an individual county.

CREDIT(S)

P.A. 78-795, § 4, eff. Oct. 1, 1973.

 

5/5. Duties and powers

§ 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 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. [FN1] 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.

(d) The Administrator and animal control wardens shall aid in the enforcement of the Humane Care for Animals Act and have the ability to impound animals and apply for security posting for violation of that Act.

CREDIT(S)

P.A. 78-795, § 5, eff. Oct. 1, 1973. Amended by P.A. 80-892, § 1, eff. Oct. 1, 1977; P.A. 81-1509, Art. II, § 11, eff. Sept. 26, 1980; P.A. 87-1269, § 1, eff. March 3, 1993; P.A. 90-385, § 5, eff. Aug. 15, 1997; P.A. 93-548, § 5, eff. Aug. 19, 2003; P.A. 94-639, § 915, eff. Aug. 22, 2005.

 

5/6. § 6. Repealed by P.A. 78-1166, § 2, eff. Aug. 27, 1974

 

5/7. Remittance of fees; Animal Control Fund; use of fund; self-insurance
In any county with a population under 3,000,000, all fees collected shall be used for the purpose of paying claims for loss of livestock or poultry as set forth in Section 19 of this Act and for the following purposes as established by ordinance of the County Board: funds may be utilized by local health departments or county nurse’s offices for the purchase of human rabies anti-serum, human vaccine, the cost for administration of serum or vaccine, minor medical care, and for paying the cost of stray dog control, impoundment, education on animal control and rabies, and other costs incurred in carrying out the provisions of this Act or any county or municipal ordinance concurred in by the Department relating to animal control, except as set forth in Section 19. Counties of 100,000 inhabitants or more may assume self-insurance liability to pay claims for the loss of livestock or poultry.

In any county with a population of 3,000,000 or more, all fees collected shall be used for the purpose of paying claims for loss of livestock or poultry, as set forth in Section 19 of this Act, and for the following purposes, as established by ordinance of the County Board: funds may be utilized by local health departments or county nurse’s offices for the purchase of human rabies anti-serum, human vaccine, the cost for administration of serum or vaccine, minor medical care, and for paying the cost of stray dog control, impoundment, education on animal control and rabies, and other costs incurred in carrying out the provisions and enforcement of this Act or any county or municipal ordinance relating to animal control, or animal-related public health or public nuisances, except as set forth in Section 19 of this Act.

Credits

P.A. 78-795, § 7, eff. Oct. 1, 1973. Amended by P.A. 83-740, § 1, eff. Jan. 1, 1984; P.A. 85-275, § 1, eff. Jan. 1, 1988; P.A. 87-151, § 1, eff. Jan. 1, 1992; P.A. 98-217, § 15, eff. Aug. 9, 2013.

 

 

5/7.1. Fee for pickup and disposal of dead animals

§ 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 fund.

CREDIT(S)

P.A. 78-795, § 7.1, added by P.A. 80-972, § 1, eff. Oct. 1, 1977. Amended by P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/8. Inoculation against rabies required; rabies inoculation tags; sale and distribution of vaccine

§ 8. Every owner of a dog 4 months or more of age shall have each dog inoculated against rabies by a licensed veterinarian. 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 contain the microchip number of the animal if it has one and which shall be signed by the licensed veterinarian administering the vaccine. Veterinarians who inoculate a dog shall procure from the County Animal Control in the county where their office is located 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 of the county in which the animal resides 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.

If a licensed veterinarian determines in writing that a rabies inoculation would compromise an animal’s health, then the animal shall be exempt from the rabies shot requirement, but the owner must still be responsible for the fees.

CREDIT(S)
P.A. 78-795, § 8, eff. Oct. 1, 1973. Amended by P.A. 78-1166, § 1, eff. Aug. 27, 1974; P.A. 93-548, § 5, eff. Aug. 19, 2003; P.A. 94-639, § 915, eff. Aug. 22, 2005.

 

5/9. Dogs running at large; impoundment

§ 9. Any dog found running at large contrary to provisions of this Act may be apprehended and impounded. For this purpose, the Administrator shall utilize any existing or available animal control facility or licensed animal shelter. The dog’s owner shall pay a $25 public safety fine, $20 of which shall be deposited into the Pet Population Control Fund and $5 of which shall be retained by the county or municipality. A dog found running at large contrary to the provisions of this Act a second or subsequent time must be spayed or neutered within 30 days after being reclaimed unless already spayed or neutered; failure to comply shall result in impoundment.

A dog that is actively engaged in a legal hunting activity, including training, is not considered to be running at large if the dog is on land that is open to hunting or on land on which the person has obtained permission to hunt or to train a dog. A dog that is in a dog-friendly area or dog park is not considered to be running at large if the dog is monitored or supervised by a person.

CREDIT(S)

P.A. 78-795, § 9, eff. Oct. 1, 1973. Amended by P.A. 93-548, § 5, eff. Aug. 19, 2003; P.A. 94-639, § 915, eff. Aug. 22, 2005; P.A. 95-550, § 10, eff. June 1, 2008.

 

5/10. Impoundment; redemption

§ 10. Impoundment; redemption. When dogs or cats are apprehended and impounded, they must be scanned for the presence of a microchip and examined for other currently acceptable methods of identification, including, but not limited to, identification tags, tattoos, and rabies license tags. The examination for identification shall be done within 24 hours after the intake of each dog or cat. The Administrator shall make every reasonable attempt to contact the owner as defined by Section 2.16, agent, or caretaker as soon as possible. The Administrator shall give notice of not less than 7 business days to the owner, agent, or caretaker prior to disposal of the animal. Such notice shall be mailed to the last known address of the owner, agent, or caretaker. Testimony of the Administrator, or his or her authorized agent, who mails such notice shall be evidence of the receipt of such notice by the owner, agent, or caretaker of the animal. A mailed notice shall remain the primary means of owner, agent, or caretaker contact; however, the Administrator shall also attempt to contact the owner, agent, or caretaker by any other contact information, such as by telephone or email address, provided by the microchip or other method of identification found on the dog or cat. If the dog or cat has been microchipped and the primary contact listed by the chip manufacturer cannot be located or refuses to reclaim the dog or cat, an attempt shall be made to contact any secondary contacts listed by the chip manufacturer prior to adoption, transfer, or euthanization. Prior to transferring the dog or cat to another humane shelter, rescue group, or euthanization, the dog or cat shall be scanned again for the presence of a microchip and examined for other means of identification. If a second scan provides the same identifying information as the initial intake scan and the owner, agent, or caretaker has not been located or refuses to reclaim the dog or cat, the animal control facility may proceed with the adoption, transfer, or euthanization.
In case the owner, agent, or caretaker of any impounded dog or cat desires to make redemption thereof, he or she may do so by doing the following:

a. Presenting proof of current rabies inoculation and registration, if applicable.

b. Paying for the rabies inoculation of the dog or cat and registration, if applicable.

c. Paying the pound for the board of the dog or cat for the period it was impounded.

d. Paying 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.

e. Paying a $25 public safety fine to be deposited into the Pet Population Control Fund; the fine shall be waived if it is the dog’s or cat’s first impoundment and the owner, agent, or caretaker has the animal spayed or neutered within 14 days.

f. Paying for microchipping and registration if not already done.
The payments required for redemption under this Section shall be in addition to any other penalties invoked under this Act and the Illinois Public Health and Safety Animal Population Control Act. An animal control agency shall assist and share information with the Director of Public Health in the collection of public safety fines.

Credits

P.A. 78-795, § 10, eff. Oct. 1, 1973. Amended by P.A. 78-1166, § 1, eff. Aug. 27, 1974; P.A. 83-711, § 1, eff. Jan. 1, 1984; P.A. 93-548, § 5, eff. Aug. 19, 2003; P.A. 94-639, § 915, eff. Aug. 22, 2005; P.A. 97-240, § 5, eff. Jan. 1, 2012.

5/11. Dogs or cats not redeemed; humane dispatch or adoption; release without spaying or neutering prohibited

§ 11. When not redeemed by the owner, agent, or caretaker, a dog or cat must be scanned for a microchip. If a microchip is present, the registered owner must be notified. After contact has been made or attempted, dogs or cats deemed adoptable by the animal control facility shall be offered for adoption, or made available to a licensed humane society or rescue group. If no placement is available, it shall be humanely dispatched pursuant to the Humane Euthanasia in Animal Shelters Act. [FN1] An animal pound or animal shelter shall not adopt or release any dog or cat to anyone other than the owner unless the animal has been rendered incapable of reproduction 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 days. Failure to fulfill the terms of the agreement shall result in seizure and impoundment of the animal and any offspring by the animal pound or shelter, and any monies which have been deposited shall be forfeited and submitted to the Pet Population Control Fund on a yearly basis. 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 or has a foster care permit issued by the Illinois Department of Agriculture or is a representative of a not-for-profit out-of-state 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 or that fails to report its intake and euthanasia statistics each year.

CREDIT(S)

P.A. 78-795, § 11, eff. Oct. 1, 1973. Amended by P.A. 78-1166, § 1, eff. Aug. 27, 1974; P.A. 83-740, § 1, eff. Jan. 1, 1984; P.A. 92-449, § 900, eff. Jan. 1, 2002; P.A. 93-548, § 5, eff. Aug. 19, 2003; P.A. 94-639, § 915, eff. Aug. 22, 2005; P.A. 95-550, § 10, eff. June 1, 2008.

[FN1] 510 ILCS 72/1 et seq.

 

5/12. Animals exhibiting signs of rabies; notice to administrator; confinement of animals; animals exposed; confinement

§ 12. The owner of any animal which exhibits clinical signs of rabies, whether or not the 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 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 animal that has had direct contact with the animal and that 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.

CREDIT(S)

P.A. 78-795, § 12, eff. Oct. 1, 1973. Amended by P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/13. Dog or other animal bites; observation of animal

§ 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 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 permit such confinement to be reduced to a period of less than 10 days. A veterinarian shall report the clinical condition of the 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 animal is presented for examination, giving the owner’s name, address, the date of confinement, the breed, description, age, and sex of the 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 animal on appropriate forms approved by the Department. When evidence is presented that the animal was inoculated against rabies within the time prescribed by law, it shall be confined in a house, or in a manner which will prohibit it from biting any person for a period of 10 days, if a licensed veterinarian adjudges such confinement satisfactory. The Department may permit such confinement to be reduced to a period of less than 10 days. At the end of the confinement period, the animal shall be examined by a licensed veterinarian.

Any person having knowledge that any person has been bitten by an animal shall notify the Administrator or, if the Administrator is not a veterinarian, the Deputy Administrator promptly. It is unlawful for the owner of the animal to euthanize, sell, give away, or otherwise dispose of any 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 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 animal by regular mail. Any expense incurred in the handling of an animal under this Section and Section 12 shall be borne by the owner. The owner of a biting animal must also remit to the Department of Public Health, for deposit into the Pet Population Control Fund, a $25 public safety fine within 30 days after notice.

(b) When a person has been bitten by a police dog that is currently vaccinated against rabies, 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.

CREDIT(S)
P.A. 78-795, § 13, eff. Oct. 1, 1973. Amended by P.A. 89-576, § 5, eff. Jan. 1, 1997; P.A. 93-548, § 5, eff. Aug. 19, 2003; P.A. 94-639, § 915, eff. Aug. 22, 2005.

 

5/14. Prevention of spread of rabies; powers

§ 14. Whenever a case of rabies has occurred in a locality, or when the proper officials of a government unit are apprehensive of the spread of rabies, the Department shall act to prevent its spread among dogs and other animals. The Department may order:

a. That all dogs or other animals in the locality be:

1. Kept confined within an enclosure, or

2. Kept muzzled and restrained by leash.

b. That all owners or keepers of dogs or other animals take prophylactic measures as it deems necessary to prevent the spread of rabies.

c. Other measures as may be necessary to control the spread of rabies.

The Department may determine the area of the locality in which, and the period of time during which, such orders shall be effective.

CREDIT(S)
P.A. 78-795, § 14, eff. Oct. 1, 1973.

 

5/15. Vicious dog determination

§ 15. (a) In order to have a dog deemed “vicious”, the Administrator, Deputy Administrator, 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 may 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 was committing a willful trespass or other tort upon the premises or property owned or occupied by the owner of the animal;

(2) the injured, threatened, or killed person was abusing, assaulting, or physically threatening the dog or its offspring, or has in the past 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.

No dog shall be deemed “vicious” if it 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 owner shall pay a $100 public safety fine to be deposited into the Pet Population Control Fund, 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 the dog is subject to enclosure. If an owner fails to comply with these requirements, the animal control agency shall impound the dog and the owner shall pay a $500 fine plus impoundment fees to the animal control agency impounding the dog. The judge has the discretion to order a vicious dog be euthanized. 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 approval from the Administrator or court. 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.

(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 dog is 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) to comply with the order of a court of competent jurisdiction, provided that the dog is securely muzzled and restrained with a leash not exceeding 6 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.

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 working days, the dog may be euthanized.

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.

Guide dogs for the blind or hearing impaired, support dogs for the physically handicapped, accelerant detection dogs, 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.

(c) If the animal control agency has custody of the dog, the agency may file a petition with the court requesting that the owner be ordered to post security. The security must be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the animal control agency or animal shelter in caring for and providing for the dog pending the determination. Reasonable expenses include, but are not limited to, estimated medical care and boarding of the animal for 30 days. If security has been posted in accordance with this Section, the animal control agency may draw from the security the actual costs incurred by the agency in caring for the dog.

(d) Upon receipt of a petition, the court must set a hearing on the petition, to be conducted within 5 business days after the petition is filed. The petitioner must serve a true copy of the petition upon the defendant.

(e) If the court orders the posting of security, the security must be posted with the clerk of the court within 5 business days after the hearing. If the person ordered to post security does not do so, the dog is forfeited by operation of law and the animal control agency must dispose of the animal through adoption or humane euthanization.

CREDIT(S)

P.A. 78-795, § 15, eff. Oct. 1, 1973. Amended by P.A. 78-1166, § 1, eff. Aug. 27, 1974; P.A. 79-1363, § 3, eff. Oct. 1, 1976; P.A. 81-1509, Art. II, § 11, eff. Sept. 26, 1980; P.A. 82-222, § 1, eff. Jan. 1, 1982; P.A. 83-93, § 1, eff. Jan. 1, 1984; P.A. 83-346, § 3, eff. Sept. 14, 1983; P.A. 83-1362, Art. II, § 4, eff. Sept. 11, 1984; P.A. 85-798, § 1, eff. Jan. 1, 1988; P.A. 85-1209, Art. III, § 3-3, eff. Aug. 30, 1988; P.A. 86-1460, § 1, eff. July 1, 1991; P.A. 87-456, § 1, eff. Jan. 1, 1992; P.A. 93-548, § 5, eff. Aug. 19, 2003; P.A. 94-639, § 915, eff. Aug. 22, 2005; P.A. 96-1171, § 5, eff. July 22, 2010.

 

5/15.1. Dangerous dog determination

§ 15.1. Dangerous dog determination.

(a) After a thorough investigation including: sending, within 10 business 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” unless shown to be a dangerous dog by a preponderance of 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 or was committing a willful trespass or other tort upon the premises or property occupied by the owner of the animal;
(2) the threatened person was 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 (i) the dog’s owner to pay a $50 public safety fine to be deposited into the Pet Population Control Fund, (ii) the dog to be spayed or neutered within 14 days at the owner’s expense and microchipped, if not already, and (iii) 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.

(g) An animal control agency has the right to impound a dangerous dog if the owner fails to comply with the requirements of this Act.

CREDIT(S)

P.A. 78-795, § 15.1, added by P.A. 93-548, § 5, eff. Aug. 19, 2003. Amended by P.A. 94-639, § 915, eff. Aug. 22, 2005.

 

5/15.2. Dangerous dogs; leash

§ 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.

CREDIT(S)

P.A. 78-795, § 15.2, added by P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/15.3. Dangerous Dog; appeal

§ 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 a preponderance of the 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.

CREDIT(S)

P.A. 78-795, § 15.3, added by P.A. 93-548, § 5, eff. Aug. 19, 2003. Amended by P.A. 95-550, § 10, eff. June 1, 2008.

 

5/15.4. Potentially dangerous dog

§ 15.4. Potentially dangerous dog. A dog found running at large and unsupervised with 3 or more other dogs may be deemed a potentially dangerous dog by the animal control warden or administrator. Potentially dangerous dogs shall be spayed or neutered and microchipped within 14 days of reclaim. The designation of “potentially dangerous dog” shall expire 12 months after the most recent violation of this Section. Failure to comply with this Section will result in impoundment of the dog or a fine of $500.

CREDIT(S)

P.A. 78-795, § 15.4, added by P.A. 95-550, § 10, eff. June 1, 2008.

 

5/16. Liability of owner of dog attacking or injuring person

§ 16. Animal attacks or injuries. If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.

CREDIT(S)

P.A. 78-795, § 16, eff. Oct. 1, 1973. Amended by P.A. 94-819, § 10, eff. May 31, 2006.

 

5/16.5. Expenses of microchipping

§ 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.

CREDIT(S)

P.A. 78-795, § 16.5, added by P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/17. Right of entry; inspections; apprehension of dog or other animals; refusal of owner to deliver dog or other animal

§ 17. For the purpose of making inspections hereunder, the Administrator, or his or her authorized representative, or any law enforcement officer 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 animal thought to be infected with rabies. If, after request therefor, the owner of the 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.

CREDIT(S)

P.A. 78-795, § 17, eff. Oct. 1, 1973. Amended by P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/18. Killing of dog seen to injure, wound or kill domestic animals

§ 18. Any owner seeing his or her livestock, poultry, or equidae being injured, wounded, or killed by a dog, not accompanied by or not under the supervision of its owner, may kill such dog.

CREDIT(S)

P.A. 78-795, § 18, eff. Oct. 1, 1973. Amended by P.A. 78-1166, § 1, eff. Aug. 27, 1974; P.A. 88-600, § 5, eff. Sept. 1, 1994; P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/18.1. Liability of dog owner or keeper for damages

§ 18.1. The owner or keeper of a dog is liable to a person for all damages caused by the dog pursuing, chasing, worrying, wounding, injuring, or killing any sheep, goats, cattle, horses, mules, poultry, ratites, or swine belonging to that person.

CREDIT(S)

P.A. 78-795, § 18, eff. Oct. 1, 1973. Amended by P.A. 78-1166, § 1, eff. Aug. 27, 1974; P.A. 88-600, § 5, eff. Sept. 1, 1994; P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/19. Reimbursement of owner of domestic animals killed or injured by dog; procedure

§ 19. Any owner having livestock, poultry, or equidae 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 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.

The damages referred to in this Section shall be substantiated by the Administrator through prompt investigation and by not less than 2 witnesses. The Administrator 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 shall file a written report with the County Treasurer as to the right of an owner of livestock, poultry, or equidae 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.

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.

CREDIT(S)

P.A. 78-795, § 19, eff. Oct. 1, 1973. Amended by P.A. 83-740, § 1, eff. Jan. 1, 1984; P.A. 84-551, § 5, eff. Sept. 18, 1985; P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/20. Payment to owner of domestic animals no bar to action for damages; repayment to Animal Control Fund

§ 20. The payment to any owner of sheep, goats, cattle, horses, mules, swine, or poultry of monies out of the Animal Control Fund for damages resulting from loss or injury to any such animals, shall not be a bar to an action by such owner against the owner of the dog committing such injury or causing such loss for the recovery of damages therefor. The court or jury, before which such action is tried, shall ascertain from evidence what portion, if any, of the damages sought to be recovered in such action has been paid to the plaintiff in such action by the County Treasurer, and in case the plaintiff in such action recovers damages, the court shall enter judgment against the defendant, in the name of the plaintiff for the use of the county, for the amount which the plaintiff has received on account of such damages from the County Treasurer, if such recovery shall equal or exceed the amount so received by such plaintiff from the County Treasurer; and the residue of such recovery, if any there be, shall be entered in the name of the plaintiff in such action to his own use. If the amount of the recovery in such action shall not equal the amount previously paid the plaintiff on account of such damages by the County Treasurer, then the judgment shall be entered as heretofore stated for the use of the Animal Control Fund, for the full amount of such recovery. The judgment shall show on its face what portion of the judgment is to be paid to the Animal Control Fund, and what portion is to be paid to the plaintiff in such action, and the judgment when collected shall be paid over to the parties entitled thereto in their proper proportions.

CREDIT(S)

P.A. 78-795, § 20, eff. Oct. 1, 1973. Amended by P.A. 83-346, § 3, eff. Sept. 14, 1983.

 

5/21. § 21. Repealed by P.A. 87-157, § 5, eff. Jan. 1, 1992

 

5/22. Supervision by department; rules and regulations

§ 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.

CREDIT(S)

P.A. 78-795, § 22, eff. Oct. 1, 1973. Amended by P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/23. § 23. Repealed by P.A. 78-1166, § 2, eff. Aug. 27, 1974

 

5/24. Powers of municipalities and other political subdivisions to regulate dogs and other animals

§ 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 .

CREDIT(S)

P.A. 78-795, § 24, eff. Oct. 1, 1973. Amended by P.A. 82-783, Art. IV, § 2, eff. July 13, 1982; P.A. 93-548, § 5, eff. Aug. 19, 2003.

 

5/25. Effect of invalid section, part of section, rule or regulation

§ 25. The invalidity of any Section or parts of any Section of this Act or any rule or regulation pursuant thereto shall not affect the validity of the remainder of this Act, or any rule or regulation.

CREDIT(S)

P.A. 78-795, § 25, eff. Oct. 1, 1973.

 

5/26. Violations; punishment

§ 26. (a) Except as otherwise provided in this Act, 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, or who removes a tag from a dog for purposes of destroying or concealing its identity, is guilty of a Class C misdemeanor for a first offense and for a subsequent offense, is guilty of a Class B 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 within the time period prescribed; and
(2) the dog inflicts serious physical injury 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 3 felony, 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 2 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 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 4 felony. 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 3 felony.

CREDIT(S)

P.A. 78-795, § 26, eff. Oct. 1, 1973. Amended by P.A. 87-456, § 1, eff. Jan. 1, 1992; P.A. 93-548, § 5, eff. Aug. 19, 2003; P.A. 94-639, § 915, eff. Aug. 22, 2005; P.A. 94-819, § 10, eff. May 31, 2006.

 

5/27. Failure, refusal or neglect of officer to carry out Act; punishment

§ 27. Any officer failing, refusing, or neglecting to carry out the provisions of this Act shall be guilty of a petty offense and shall be fined not less than $25 nor more than $100 for each offense.

CREDIT(S)

P.A. 78-795, § 27, eff. Oct. 1, 1973.

 

5/28. § 28. Repealer [Acts repealed omitted]

 

5/30. Rules

§ 30. Rules. The Department shall administer this Act and shall promulgate rules necessary to effectuate the purposes of this Act. The Director may, in formulating rules pursuant to this Act, seek the advice and recommendations of humane societies and societies for the protection of animals.

CREDIT(S)

P.A. 78-795, § 30, added by P.A. 94-639, § 915, eff. Aug. 22, 2005.

5/35. Liability

§ 35. Liability.

(a) Any municipality or political subdivision allowing feral cat colonies and trap, sterilize, and return programs to help control cat overpopulation shall be immune from criminal liability and shall not be civilly liable, except for willful and wanton misconduct, for damages that may result from a feral cat. Any municipality or political subdivision allowing dog parks shall be immune from criminal liability and shall not be civilly liable, except for willful and wanton misconduct, for damages that may result from occurrences in the dog park.

(b) Any veterinarian or animal shelter or animal control facility who in good faith contacts the registered owner, agent, or caretaker of a microchipped animal shall be immune from criminal liability and shall not, as a result of his or her acts or omissions, except for willful and wanton misconduct, be liable for civil damages.

(c) Any veterinarian who sterilizes feral cats and any feral cat caretaker who traps cats for a trap, sterilize, and return program shall be immune from criminal liability and shall not, as a result of his or her acts or omissions, except for willful and wanton misconduct, be liable for civil damages.

(d) Any animal shelter or animal control facility worker who microchips an animal shall be immune from criminal liability and shall not, as a result of his or her acts or omissions, except for willful and wanton misconduct, be liable for civil damages.

Credits
P.A. 78-795, § 35, added by P.A. 94-639, § 915, eff. Aug. 22, 2005. Amended by P.A. 97-240, § 5, eff. Jan. 1, 2012

 

Chapter 510. Animals. Act 92. Illinois Public Health and Safety Animal Population Control Act

92/1. Short title

§ 1. Short title. This Act may be cited as the Illinois Public Health and Safety Animal Population Control Act.

CREDIT(S)

P.A. 94-639, § 1, eff. Aug. 22, 2005.

 

92/5. Findings

§ 5. Findings. The General Assembly finds the following:

(1) Controlling the dog and cat population would have a significant benefit to the public health and safety by aiding in the prevention of dog attacks, reducing the number of dog and cat bite cases involving children, and decreasing the number of automobile accidents caused by stray dogs and cats.
(2) Increasing the number of rabies-vaccinated, owned pets in low-income areas will reduce potential threats to public health and safety from rabies.
(3) Controlling the dog and cat population will save taxpayer dollars by reducing the number of dogs and cats handled by county and municipal animal control agencies. Targeted low-cost spay or neuter programs for dogs and cats in select Illinois counties and other states have proven to save taxpayers money.
(4) This Act is established to provide a variety of means by which population control and rabies vaccinations may be financed.

CREDIT(S)

P.A. 94-639, § 5, eff. Aug. 22, 2005.

 

92/10. Definitions

§ 10. Definitions. As used in this Act:

“Director” means the Director of Public Health.

“Department” means the Department of Public Health.

“Companion animal” means any domestic dog (canis lupus familiaris) or domestic cat (felis catus).

“Fund” means the Pet Population Control Fund established in this Act.

CREDIT(S)

P.A. 94-639, § 10, eff. Aug. 22, 2005.

 

92/15. Income tax checkoff

§ 15. Income tax checkoff. Each individual income tax payer may contribute to the Pet Population Control Fund through the income tax checkoff described in Section 507EE of the Illinois Income Tax Act.

CREDIT(S)

P.A. 94-639, § 15, eff. Aug. 22, 2005.

 

92/20. Program established

§ 20. Program established. The Department shall establish and implement an Illinois Public Health and Safety Animal Population Control Program by December 31, 2005. The purpose of this program is to reduce the population of unwanted and stray dogs and cats in Illinois by encouraging the owners of dogs and cats to have them permanently sexually sterilized and vaccinated, thereby reducing potential threats to public health and safety. The program shall begin collecting funds on January 1, 2006 and shall begin distributing funds for vaccinations or spaying and neutering operations on January 1, 2007. No dog or cat imported from another state is eligible to be sterilized or vaccinated under this program. Beginning June 30, 2007, the Director must make an annual written report relative to the progress of the program to the President of the Senate, the Speaker of the House of Representatives, and the Governor.

CREDIT(S)

P.A. 94-639, § 20, eff. Aug. 22, 2005.

 

92/25. Eligibility to participate

§ 25. Eligibility to participate. A resident of the State who owns a dog or cat and who is eligible for the Food Stamp Program or the Social Security Disability Insurance Benefits Program shall be eligible to participate in the program at a reduced rate if the owner signs a consent form certifying that he or she is the owner of the dog or cat or is authorized by the eligible owner to present the dog or cat for the procedure. An owner must submit proof of eligibility to the Department. Upon approval, the Department shall furnish an eligible owner with an eligibility voucher to be presented to a participating veterinarian. A resident of this State who is managing a feral cat colony and who humanely traps feral cats for spaying or neutering and return is eligible to participate in the program provided the trap, sterilize, and return program is recognized by the municipality or by the county, if it is located in an unincorporated area. The sterilization shall be performed by a voluntarily participating veterinarian or veterinary student under the supervision of a veterinarian. The co-payment for the cat or dog sterilization procedure and vaccinations shall be $15.

CREDIT(S)

P.A. 94-639, § 25, eff. Aug. 22, 2005.
92/30. Veterinarian participation

§ 30. Veterinarian participation. Any veterinarian may participate in the program established under this Act. A veterinarian shall file with the Director an application, on which the veterinarian must supply, in addition to any other information requested by the Director, a fee schedule listing the fees charged for dog and cat sterilization, examination, and the presurgical immunizations specified in this Act in the normal course of business. The dog or cat sterilization fee may vary with the animal’s weight, sex, and species. The Director shall compile the fees and establish reasonable reimbursement rates for the State.

The Director shall reimburse, to the extent funds are available, participating veterinarians for each dog or cat sterilization procedure administered. To receive this reimbursement, the veterinarian must submit a certificate approved by the Department on a form approved by the Director that must be signed by the veterinarian and the owner of the dog or cat or the feral cat caretaker. At the same time, the veterinarian must submit the eligibility voucher provided by the Department to the eligible owner. The Director shall notify all participating veterinarians if the program must be suspended for any period due to a lack of revenue and shall also notify all participating veterinarians when the program will resume. Veterinarians who voluntarily participate in this sterilization and vaccination program may decline to treat feral cats if they choose.

For all dogs and cats sterilized under this Act, the Director shall also reimburse, to the extent funds are available, participating veterinarians for (1) an examination fee and the presurgical immunization of dogs against rabies and other diseases pursuant to Department rules or (2) examination fees and the presurgical immunizations of cats against rabies and other diseases pursuant to Department rules. Reimbursement for the full cost of the covered presurgical immunizations shall be made by the Director to the participating veterinarian upon the written certification, signed by the veterinarian and the owner of the companion animal or the feral cat caretaker, that the immunization has been administered. There shall be no additional charges to the owner of a dog or cat sterilized under this Act or feral cat caretaker for examination fees or the presurgical immunizations.

CREDIT(S)

P.A. 94-639, § 30, eff. Aug. 22, 2005.

 

92/35. Rulemaking

§ 35. Rulemaking. The Director shall adopt rules relative to:

(1) Other immunizations covered.
(2) Format and content of all forms required under this Act.
(3) Proof of eligibility.
(4) Administration of the Fund.
(5) The percentage of fines to be allocated to education of the public concerning spaying and neutering of dogs and cats.
(6) Any other matter necessary for the administration of this Act.

CREDIT(S)

P.A. 94-639, § 35, eff. Aug. 22, 2005.

 

92/40. Enforcement; administrative fine

§ 40. Enforcement; administrative fine. Any person who knowingly falsifies proof of eligibility for or participation in any program under this Act, knowingly furnishes any licensed veterinarian with inaccurate information concerning the ownership of a dog or cat submitted for a sterilization procedure, or violates any provision of this Act may be subject to an administrative fine not to exceed $500 for each violation.

CREDIT(S)

P.A. 94-639, § 40, eff. Aug. 22, 2005.

 

92/45. Pet Population Control Fund

§ 45. Pet Population Control Fund. The Pet Population Control Fund is established as a special fund in the State treasury. The moneys generated from the public safety fines collected as provided in the Animal Control Act, from Pet Friendly license plates under Section 3-653 of the Illinois Vehicle Code, from Section 507EE of the Illinois Income Tax Act, and from voluntary contributions must be kept in the Fund and shall be used only to sterilize and vaccinate dogs and cats in this State pursuant to the program, to promote the sterilization program, to educate the public about the importance of spaying and neutering, and for reasonable administrative and personnel costs related to the Fund.

CREDIT(S)

P.A. 94-639, § 45, eff. Aug. 22, 2005.

 

92/999. Effective date

§ 999. Effective date. This Act takes effect upon becoming law.

CREDIT(S)

P.A. 94-639, § 999, eff. Aug. 22, 2005.

 

Chapter 720. Criminal Offenses. Offenses Against The Public. Act 630. Guide Dog Access Act.

630/0.01. Short title

§ 0.01. Short title. 630/0.01, 630/1. §§ 0.01, 1. Repealed by P.A. 97-1108, § 20-71, eff. Jan. 1, 2013

Former Text:

This Act may be cited as the Service Animal Access Act.

Credits

Laws 1965, p. 767, § 0.01, added by P.A. 86-1324, § 308, eff. Sept. 6, 1990. Amended by P.A. 97-956, § 10, eff. Aug. 14, 2012.

 

630/1 Service animals; entry and use of public place of accommodation- 630/0.01, 630/1. §§ 0.01, 1. Repealed by P.A. 97-1108, § 20-71, eff. Jan. 1, 2013

Former Text

§ 1. When a person with a physical, mental, or intellectual disability requiring the use of a service animal is accompanied by a service animal or when a trainer of a service animal is accompanied by a service animal, neither the person nor the service animal shall be denied the right of entry and use of facilities of any public place of accommodation as defined in Section 5-101 of the Illinois Human Rights Act.1

For the purposes of this Section, “service animal” means a dog or miniature horse trained or being trained as a hearing animal, a guide animal, an assistance animal, a seizure alert animal, a mobility animal, a psychiatric service animal, an autism service animal, or an animal trained for any other physical, mental, or intellectual disability. “ Service animal” includes a miniature horse that a public place of accommodation shall make reasonable accommodation so long as the public place of accommodation takes into consideration: (1) the type, size and weight of the miniature horse and whether the facility can accommodate its features; (2) whether the handler has sufficient control of the miniature horse; (3) whether the miniature horse is housebroken; and (4) whether the miniature horse’s presence in the facility compromises legitimate safety requirements necessary for operation.

Any violation of this Act is a Class C misdemeanor.

Credits

Laws 1965, p. 767, § 1, eff. July 1, 1965. Amended by P.A. 77-2640, § 1, eff. Jan. 1, 1973; P.A. 82-222, § 3, eff. Jan. 1, 1982; P.A. 83-93, § 3, eff. Jan. 1, 1984; P.A. 92-187, § 5, eff. Jan. 1, 2002; P.A. 93-532, § 5, eff. Jan. 1, 2004; P.A. 97-956, § 10, eff. Aug. 14, 2012.

Chapter 740. Civil Liabilities. Act 13. Assistance Animal Damages Act.

13/1. Short title

§ 1. Short title. This Act may be cited as the Assistance Animal Damages Act.

CREDIT(S)

P.A. 91-480, § 1, eff. Jan. 1, 2000.

 

13/5. Definitions

§ 5. Definitions. As used in this Act:

“Blind person” means a person who has vision of 20/200 or less with the best correction or has a visual field of 20 degrees or less.

“Guide dog” means a dog that is trained to lead or guide a blind person.

“Deaf person” means a person whose hearing disability precludes successful processing of linguistic information through audition with or without a hearing aid.

“Hearing ear dog” means a dog that is trained to assist a deaf person.

“Assistance animal” means any animal trained to assist a physically impaired person in one or more daily life activities, including but not limited to:

(1) guide dogs;

(2) hearing ear dogs;

(3) an animal trained to pull a wheelchair;

(4) an animal trained to fetch dropped items; and

(5) an animal trained to perform balance work.

“Daily life activity” includes but is not limited to:

(1) self-care;

(2) ambulation;

(3) communication;

(4) transportation; or

(5) employment.

“Physically impaired person” means any person who is permanently physically impaired, whose physical impairment limits one or more of daily life activities and who has a record of impairment and is regarded by health care practitioners as having such an impairment, requiring the use of an assistance animal including but not limited to blindness, deafness and complete or partial paralysis.

CREDIT(S)

P.A. 91-480, § 5, eff. Jan. 1, 2000.

 

13/10. Damages recoverable for harm or theft of assistance animal

§ 10. Damages recoverable for harm or theft of assistance animal.

(a) In addition to and not in lieu of any other penalty provided by State law, a physically impaired person who uses an assistance animal or the owner of an assistance animal may bring an action for economic and noneconomic damages against any person who steals or, without provocation, attacks the assistance animal or exposes the assistance animal to any chemical that is hazardous to the assistance animal; however, an action against a person for exposing an assistance animal to a chemical that is hazardous to the assistance animal may be brought under this Act only if the person against whom the action is brought knew or reasonably should have known that the assistance animal was present and that the chemical was hazardous to the assistance animal. The physically impaired person or owner may also bring an action for such damages against the owner of any animal that, without provocation, attacks an assistance animal. The action authorized by this subsection may be brought by the physically impaired person or owner even if the assistance animal was in the custody or under the supervision of another person when the theft, attack, or exposure occurred.

(b) If the theft of or unprovoked attack on an assistance animal or exposure of the assistance animal to any chemical that is hazardous to the assistance animal described in subsection (a) of this Section results in the death of the animal or the animal is not returned or if injuries sustained prevent the animal from returning to service as an assistance animal, the measure of economic damages shall include, but need not be limited to, the veterinary medical expenses and the replacement value of an equally trained assistance animal, without any differentiation for the age or the experience of the animal. In addition, the physically impaired person or owner may recover any other costs and expenses, including, but not limited to, costs of temporary replacement assistance services, whether provided by another assistance animal or a person, incurred as a result of the theft of or injury to the animal.

(c) If the theft of or unprovoked attack on an assistance animal or exposure of the assistance animal to any chemical that is hazardous to the assistance animal described in subsection (a) of this Section results in injuries from which the animal recovers and returns to service, or if the animal is stolen but is recovered and returns to service, the measure of economic damages shall include, but need not be limited to, the veterinary medical expenses, costs of temporary replacement assistance services, whether provided by another assistance animal or a person, and any other costs and expenses incurred by the physically impaired person or owner as a result of the theft of or injury to the animal.

(d) No cause of action arises under this Section if the physically impaired person, owner or the person having custody or supervision of the assistance animal was committing a criminal or civil trespass at the time of the theft of or attack on the assistance animal or exposure of the assistance animal to any chemical that is hazardous to the assistance animal.

(e) The court shall award reasonable attorney’s fees to the prevailing plaintiff in an action under this Section. The court may award reasonable attorney’s fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no objectively reasonable basis for appealing an adverse decision of a trial court.

CREDIT(S)

P.A. 91-480, § 10, eff. Jan. 1, 2000.

 

Chapter 510. Animals. Act 72. Humane Euthanasia in Animal Shelters Act.

 510 ILCS 72/1

Sec. 1. Short title. This Act may be cited as the Humane Euthanasia in Animal Shelters Act.

(Source: P.A. 92‑449, eff. 1‑1‑02.)

 

 

510 ILCS 72/5. Definitions

§ 5. Definitions. The following terms have the meanings indicated, unless the context requires otherwise:

“Animal” means any bird, fish, reptile, or mammal other than man.

“DEA” means the United States Department of Justice Drug Enforcement Administration.

“Department” means the Department of Professional Regulation.

“Director” means the Director of the Department of Professional Regulation.

“Euthanasia agency” means an entity certified by the Department for the purpose of animal euthanasia that holds an animal control facility or animal shelter license under the Animal Welfare Act [FN1] and that permits only euthanasia technicians or veterinarians to perform the euthanasia of animals.

“Euthanasia drugs” means Schedule II or Schedule III substances (nonnarcotic controlled substances) as set forth in the Illinois Controlled Substances Act [FN2] that are used by a euthanasia agency for the purpose of animal euthanasia.

“Euthanasia technician” or “technician” means a person employed by a euthanasia agency or working under the direct supervision of a veterinarian and who is certified by the Department to administer euthanasia drugs to euthanize animals.

“Veterinarian” means a person holding the degree of Doctor of Veterinary Medicine who is licensed under the Veterinary Medicine and Surgery Practice Act of 2004. [FN3]

CREDIT(S)

P.A. 92-449, § 5, eff. Jan. 1, 2002. Amended by P.A. 93-281, § 40, eff. Dec. 31, 2003; P.A. 96-780, § 10, eff. Aug. 28, 2009.

[FN1] 225 ILCS 605/1 et seq.

[FN2] 720 ILCS 570/100 et seq.

[FN3] 225 ILCS 115/1 et seq.

 

510 ILCS 72/10. Certification requirement, exemptions

§ 10. Certification requirement, exemptions.

(a) Except as otherwise provided in this Section, no person shall euthanize animals in an animal shelter or animal control facility without possessing a certificate issued by the Department under this Act.

(b) Nothing in this Act shall be construed as preventing a licensed veterinarian or an instructor during an approved course from humanely euthanizing animals in animal shelters or animal control facilities.

(c) Nothing in this Act prevents a veterinarian who is employed by the Department of Agriculture, or any other person who is employed by the Department of Agriculture and acting under the supervision of such a veterinarian, from humanely euthanizing animals in the course of that employment.

(d) Instructors or licensed veterinarians teaching humane euthanasia technicians are exempt from the certification process as long as they are currently licensed by another state as a euthanasia technician or as a veterinarian.

CREDIT(S)

P.A. 92-449, § 10, eff. Jan. 1, 2002. Amended by P.A. 96-780, § 10, eff. Aug. 28, 2009.

 

510 ILCS 72/15. Powers and duties of the Department

Sec. 15. Powers and duties of the Department.

(a) The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for the administration of licensure Acts and shall exercise other powers and duties necessary for effectuating the purposes of this Act.

(b) The Department may adopt rules to administer and enforce this Act including, but not limited to, setting fees for original certification and renewal and restoration of certification and any other administrative fees, and may prescribe forms to be issued to implement this Act. At a minimum, the rules adopted by the Department shall include standards and criteria for certification and for professional conduct and discipline.

(Source: P.A. 92‑449, eff. 1‑1‑02.)

 

510 ILCS 72/20. Application for original certification

Sec. 20. Application for original certification. Applications for original certification shall be made to the Department in writing, shall be signed by the applicant on forms prescribed by the Department, and shall be accompanied by a nonrefundable fee set by rule. The Department may require information from the applicant that, in its judgment, will enable the Department to determine the qualifications of the applicant for certification.

(Source: P.A. 92‑449, eff. 1‑1‑02.)

 

510 ILCS 72/25. Euthanasia agency

Sec. 25. Euthanasia agency.

(a) To be certified as a euthanasia agency, an entity must apply to the Department, hold an active license under the Animal Welfare Act as an animal control facility or an animal shelter, pay the required fee, and agree to:

(1) Keep euthanasia drugs in a securely locked cabinet or a metal safe that meets the requirements of the Illinois Controlled Substances Act and rules adopted under that Act when not in use. A temporary storage cabinet may be used when a euthanasia technician is on duty and animals are being euthanized during the workday.

(2) Comply with the requirements of the Illinois Food, Drug and Cosmetic Act, federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq. (1976)), federal Controlled Substances Act (21 U.S.C. 801 et seq. (1976)), and the Illinois Controlled Substances Act.

(3) Keep the conditions of the euthanasia area clean and sanitary with adequate equipment and supplies to enable the humane disposition of animals.

(b) A euthanasia agency may purchase, store, and possess Schedule II and Schedule III (nonnarcotic controlled substances) drugs for the euthanization of animals upon obtaining from the Department an Illinois controlled substances license pursuant to the Illinois Controlled Substances Act and a controlled substance license issued by the Drug Enforcement Administration pursuant to the federal Controlled Substances Act.

(c) The Department shall inspect the facility prior to the issuance of the controlled substance license.

(d) The euthanasia agency shall notify the Department in writing within 30 days of the time that the employment of a euthanasia technician is terminated from the euthanasia agency.

(Source: P.A. 92‑449, eff. 1‑1‑02.)

 

510 ILCS 72/35. Technician certification; duties

§ 35. Technician certification; duties.

(a) An applicant for certification as a euthanasia technician shall file an application with the Department and shall:

(1) Be 18 years of age.

(2) Be of good moral character. In determining moral character under this Section, the Department may take into consideration whether the applicant has engaged in conduct or activities that would constitute grounds for discipline under this Act.

(3) Each applicant for certification as a euthanasia technician shall have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Department of State Police. These fingerprints shall be checked against the Department of State Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed. The Department of State Police shall charge applicants a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. The Department of State Police shall furnish, pursuant to positive identification, records of Illinois convictions to the Department.

(4) Hold a license or certification from the American Humane Association, the National Animal Control Association, the Illinois Federation of Humane Societies, or the Humane Society of the United States issued within 3 years preceding the date of application. Every 5 years a certified euthanasia technician must renew his or her certification with the Department. At the time of renewal, the technician must present proof that he or she attended a class or seminar, administered by the American Humane Association, the National Animal Control Association, the Illinois Federation of Humane Societies, or the Humane Society of the United States, that teaches techniques or guidelines, or both, for humane animal euthanasia.

(5) Pay the required fee.

(b) The duties of a euthanasia technician shall include but are not limited to:

(1) preparing animals for euthanasia and scanning each animal, prior to euthanasia, for microchips;

(2) accurately recording the dosages administered and the amount of drugs wasted;

(3) ordering supplies;

(4) maintaining the security of all controlled substances and drugs;

(5) humanely euthanizing animals via intravenous injection by hypodermic needle, intraperitoneal injection by hypodermic needle, or intracardiac injection only on comatose animals by hypodermic needle; and

(6) properly disposing of euthanized animals after verification of death.

(c) A euthanasia technician employed by a euthanasia agency may perform euthanasia by the administration of a Schedule II or Schedule III nonnarcotic controlled substance. A euthanasia technician may not personally possess, order, or administer a controlled substance except as an agent of the euthanasia agency.

(d) Upon termination from a euthanasia agency, a euthanasia technician shall not perform animal euthanasia until he or she is employed by another certified euthanasia agency.

(e) A certified euthanasia technician or an instructor in an approved course does not engage in the practice of veterinary medicine when performing duties set forth in this Act.

CREDIT(S)

P.A. 92-449, § 35, eff. Jan. 1, 2002. Amended by P.A. 93-626, § 5, eff. Dec. 12, 2003; P.A. 96-780, § 10, eff. Aug. 28, 2009.

 

510 ILCS 72/40. Issuance of certificate

Sec. 40. Issuance of certificate. The Department shall begin issuing certificates under this Act within one year after the effective date of this Act. The Department shall issue a certificate to an applicant who has met the requirements and has paid the required application fee.

(Source: P.A. 92‑449, eff. 1‑1‑02.)

 

510 ILCS 72/45. Certifications; renewal; restoration; person in military service; inactive status

Sec. 45. Certifications; renewal; restoration; person in military service; inactive status.

(a) The expiration date, renewal period, renewal fees, and procedures for renewal of each certification issued under this Act shall be set by rule.

(b) Any person who has permitted a euthanasia technician certification to expire or who has a certification on inactive status may have it restored by submitting an application to the Department and filing proof of fitness, as defined by rule, to have the certification restored, including, if appropriate, evidence that is satisfactory to the Department certifying active practice in another jurisdiction and by paying the required fee.

(c) If the person has not maintained an active practice in another jurisdiction that is satisfactory to the Department, the Department shall determine the person’s fitness to resume active status.

(d) Any person whose euthanasia technician certification expired while on active duty with the armed forces of the United States, while called into service or training with the State Militia or in training or education under the supervision of the United States government prior to induction into the military service, however, may have his or her certification restored without paying any renewal fees if, within 2 years after the termination of that service, training, or education, except under conditions other than honorable, the Department is furnished with satisfactory evidence that the person has been so engaged and that the service, training, or education has been so terminated.

(e) A euthanasia technician certificate holder may place his or her certification on inactive status and shall be excused from paying renewal fees until he or she notifies the Department in writing of the intention to resume active practice. A certificate holder who is on inactive status shall not practice while the certificate is in inactive status.

(f) The Department shall set by rule the requirements for restoration of a euthanasia agency certification and the requirements for a change of location.

(Source: P.A. 92‑449, eff. 1‑1‑02.)

 

510 ILCS 72/50

Sec. 50. (Repealed).

(Source: P.A. 92‑449, eff. 1‑1‑02. Repealed by P.A. 93‑626, eff. 12‑23‑03.)

 

510 ILCS 72/55. Endorsement

§ 55. Endorsement. An applicant, who is a euthanasia technician registered or licensed under the laws of another state or territory of the United States that has requirements that are substantially similar to the requirements of this Act, may be granted certification as a euthanasia technician in this State without examination, upon presenting satisfactory proof to the Department that the applicant has been engaged in the practice of euthanasia for a period of not less than one year and upon payment of the required fee. In addition, an applicant shall have his or her fingerprints submitted to the Department of State Police for purposes of a criminal history records check pursuant to clause (a)(3) of Section 35.

CREDIT(S)

P.A. 92-449, § 55, eff. Jan. 1, 2002. Amended by P.A. 93-626, § 5, eff. Dec. 12, 2003.

 

510 ILCS 72/57. Procedures for euthanasia

§ 57. Procedures for euthanasia.

(a) Only euthanasia drugs shall be used for the purpose of humanely euthanizing injured, sick, homeless, or unwanted companion animals in an animal shelter or an animal control facility licensed under the Illinois Animal Welfare Act, [FN1] except that a licensed veterinarian may euthanize companion animals in such a shelter or facility by the use of carbon monoxide if the veterinarian complies with the requirements set forth in Section 3.09 of the Humane Care for Animals Act. Euthanasia by a certified euthanasia technician shall be conducted only within the physical premises of an animal shelter licensed under the Animal Welfare Act or an animal control facility licensed under the Animal Welfare Act, except that a certified euthanasia technician employed by an animal control facility licensed under the Animal Welfare Act may euthanize animals in the field in emergency situations.

(b) (Blank).

(c) Animals cannot be transported beyond State lines for the sole purpose of euthanasia unless the euthanasia is performed by a licensed veterinarian in a manner that is consistent with subsection (a) of this Section.

CREDIT(S)

P.A. 92-449, § 57, eff. Jan. 1, 2002. Amended by P.A. 93-626, § 5, eff. Dec. 12, 2003; P.A. 96-780, § 10, eff. Aug. 28, 2009.

[FN1] 225 ILCS 605/1 et seq.

 

510 ILCS 72/60. Fees; returned checks

§ 60. Fees; returned checks. An agency or person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act. The Director may waive the fines due under this Section in individual cases where the Director finds that the fines would be unreasonable or unnecessarily burdensome.

CREDIT(S)

P.A. 92-449, § 60, eff. Jan. 1, 2002.

 

510 ILCS 72/65. Refused issuance, suspension or revocation of certification

§ 65. Refused issuance, suspension, or revocation of certification. The Department may refuse to issue, renew, or restore a certification or may revoke or suspend a certification, or place on probation, reprimand, impose a fine not to exceed $10,000 for each violation, or take other disciplinary or non-disciplinary action as the Department may deem proper with regard to a certified euthanasia agency or a certified euthanasia technician for any one or combination of the following reasons:

(1) in the case of a certified euthanasia technician, failing to carry out the duties of a euthanasia technician set forth in this Act or rules adopted under this Act;

(2) abusing the use of any controlled substance or euthanasia drug;

(3) selling, stealing, or giving controlled substances or euthanasia drugs away;

(4) abetting anyone in violating item (1) or (2) of this Section;

(5) violating any provision of this Act, the Illinois Controlled Substances Act,[FN1] the Illinois Food, Drug and Cosmetic Act, the federal Food, Drug, and Cosmetic Act, the federal Controlled Substances Act, the rules adopted under these Acts, or any rules adopted by the Department of Professional Regulation concerning the euthanizing of animals;

(6) in the case of a euthanasia technician, acting as a euthanasia technician outside of the scope of his or her employment with a certified euthanasia agency; and

(7) in the case of a euthanasia technician, being convicted of or entering a plea of guilty or nolo contendere to any crime that is (i) a felony under the laws of the United States or any state or territory thereof, (ii) a misdemeanor under the laws of the United States or any state or territory an essential element of which is dishonesty, or (iii) directly related to the practice of the profession.

Credits

P.A. 92-449, § 65, eff. Jan. 1, 2002. Amended by P.A. 96-780, § 10, eff. Aug. 28, 2009; P.A. 97-813, § 585, eff. July 13, 2012.

[FN1] 720 ILCS 570/100 et seq.

510 ILCS 72/80. Exemption from liability

§ 80. Exemption from liability. An instructor of euthanasia techniques or a veterinarian who engages in the instructing of euthanasia technicians, in a course approved by the Department, shall not incur any civil or criminal liability for any subsequent misuse or malpractice of a euthanasia technician who has attended the course.

Any veterinarian, who in good faith administers euthanasia drugs to an animal in an animal control facility or an animal shelter, has immunity from any liability, civil, criminal, or otherwise, that may result from his or her actions. For the purposes of any proceedings, civil or criminal, the good faith of the veterinarian shall be rebuttably presumed.

CREDIT(S)

P.A. 92-449, § 80, eff. Jan. 1, 2002.

 

510 ILCS 72/85. Cease and desist order

§ 85. Cease and desist order.

(a) If an agency or person violates a provision of this Act, the Director may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin the violation, and if it is established that the agency or person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.

(b) Whenever, in the opinion of the Department, an agency violates a provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against the agency. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately.

CREDIT(S)

P.A. 92-449, § 85, eff. Jan. 1, 2002.

 

510 ILCS 72/90. Uncertified practice; civil penalty

§ 90. Uncertified practice; civil penalty.

(a) A person who practices, offers to practice, attempts to practice, or holds himself or herself out as a certified euthanasia technician or a certified euthanasia agency without being certified under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a certified euthanasia technician or a certified euthanasia agency. The civil penalty must be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and executed in the same manner as any judgment from any court of record.

(b) The Department may investigate any uncertified activity.

(c) Instructors or licensed veterinarians teaching humane euthanasia techniques are exempt from the certification process so long as they are currently licensed by another state as a euthanasia technician or as a veterinarian.

CREDIT(S)

P.A. 92-449, § 90, eff. Jan. 1, 2002. Amended by P.A. 96-780, § 10, eff. Aug. 28, 2009.

 

510 ILCS 72/95. Inspections

§ 95. Inspections. The Department may conduct random inspections upon renewal, for cause, or as necessary to assure the integrity and effectiveness of the certification process. Upon failure to pass inspection, a euthanasia agency’s certificate shall be suspended or denied, as applicable, pending review by the Department. Upon the failure of an agency to pass an inspection, animal euthanasia must be performed by a licensed veterinarian or at another certified euthanasia agency. A euthanasia agency that fails to pass an inspection is subject to penalty. Upon notice of failure to pass an inspection, a euthanasia agency shall have 30 days to appeal the inspection results. On appeal, the euthanasia agency shall have the right to an inspection review or to a new inspection in accordance with procedures adopted by the Department.

CREDIT(S)

P.A. 92-449, § 95, eff. Jan. 1, 2002.

 

510 ILCS 72/100. Investigations; notice and hearing

§ 100. Investigations; notice and hearing.

(a) The Department may investigate the actions of an applicant or an animal shelter or animal control facility holding or claiming to hold a certificate.

(b) Before refusing to issue or renew a certificate or disciplining a certified euthanasia agency or technician, the Department shall notify in writing the applicant, the agency, or technician of the nature of the charges and that a hearing will be held on the date designated, which shall be at least 30 days after the date of the notice. The Department shall direct the applicant, agency, or technician to file a written answer to the Department under oath within 20 days after the service of the notice and inform the applicant, agency, or technician that failure to file an answer will result in default being taken against the applicant, agency, or technician and that the certificate may be suspended, revoked, placed on probationary status, or other disciplinary action may be taken, including limiting the scope, nature, or extent of business as the Director may deem proper. Written notice may be served by personal delivery or certified or registered mail sent to the respondent at the most recent address on record with the Department.

If the applicant, agency, or technician fails to file an answer after receiving notice, the certification may, in the discretion of the Department, be suspended, revoked, or placed on probationary status, or the Department may take whatever disciplinary action it deems proper including imposing a civil penalty, without a hearing if the act or acts charged constitute sufficient ground for such action under this Act.

At the time and place fixed in the notice, the Department shall proceed to hear the charges, and the parties or their counsel shall be accorded ample opportunity to present such statements, testimony, evidence, and argument as may be pertinent to the charges or to their defense. The Department may continue a hearing from time to time.

CREDIT(S)

P.A. 92-449, § 100, eff. Jan. 1, 2002.

 

510 ILCS 72/105. Stenographer; transcript

§ 105. Stenographer; transcript. The Department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case involving the refusal to issue or renew a certificate or the discipline of a certified euthanasia technician. The notice of hearing, complaint, and all other documents in the nature of pleadings, written motions filed in the proceedings, the transcript of testimony, the report of the hearing officer, and the order of the Department shall be the record of the proceeding.

CREDIT(S)

P.A. 92-449, § 105, eff. Jan. 1, 2002.

 

510 ILCS 72/110. Compelling testimony

§ 110. Compelling testimony. A circuit court may, upon application of the Department or its designee or of the applicant, agency, or technician against whom proceedings are pending, enter an order requiring the attendance of witnesses and their testimony and the production of documents, papers, files, books, and records in connection with any hearing or investigation. The court may compel obedience to its order by proceedings for contempt.

CREDIT(S)

P.A. 92-449, § 110, eff. Jan. 1, 2002.

 

510 ILCS 72/115. Findings and recommendations

§ 115. Findings and recommendations. At the conclusion of the hearing, the hearing officer shall present to the Director a written report of its findings and recommendations. The report shall contain a finding of whether or not the accused applicant, agency, or technician violated this Act or failed to comply with the conditions required in this Act. The hearing officer shall specify the nature of the violation or failure to comply, and shall make its recommendations to the Director.

The report of the findings and recommendations of the hearing officer shall be the basis for the Department’s order of refusal or for the granting of certification unless the Director determines that the hearing officer’s report is contrary to the manifest weight of the evidence, in which case the Director may issue an order in contravention of the hearing officer’s report. The finding is not admissible in evidence against the applicant, agency, or technician in a criminal prosecution brought for the violation of this Act, but the hearing and finding are not a bar to a criminal prosecution brought for the violation of this Act.

CREDIT(S)

P.A. 92-449, § 115, eff. Jan. 1, 2002.

 

510 ILCS 72/120. Rehearing on motion

§ 120. Rehearing on motion. In a case involving the refusal to issue or renew a certificate or the discipline of a certified agency or technician, a copy of the hearing officer’s report shall be served upon the respondent by the Department, either personally or as provided in this Act for the service of the notice of hearing. Within 20 days after such service, the respondent may present to the Department a motion in writing for a rehearing, which shall specify the particular grounds for rehearing. If no motion for rehearing is filed, then upon the expiration of the time specified for filing the motion, or if a motion for rehearing is denied, then upon such denial the Director may enter an order in accordance with recommendations of the hearing officer except as provided in Section 125 of this Act. If the respondent shall order from the reporting service and pay for a transcript of the record with the time for filing a motion for rehearing, the 20 day period within which such a motion may be filed shall commence upon the delivery of the transcript to the respondent.

CREDIT(S)

P.A. 92-449, § 120, eff. Jan. 1, 2002.

 

510 ILCS 72/125. Rehearing on order of Director

§ 125. Rehearing on order of Director. Whenever the Director is satisfied that substantial justice has not been done in the revocation or suspension of a certification or refusal to issue or renew a certificate, the Director may order a rehearing.

CREDIT(S)

P.A. 92-449, § 125, eff. Jan. 1, 2002.

 

510 ILCS 72/130. Hearing Officer

§ 130. Hearing Officer. The Director has the authority to appoint an attorney duly licensed to practice law in this State to serve as the hearing officer in an action for refusal to issue or renew a certificate or for the discipline of a certified euthanasia agency or technician. The hearing officer shall have full authority to conduct the hearing. The hearing officer shall report his or her findings and recommendations to the Director.

CREDIT(S)

P.A. 92-449, § 130, eff. Jan. 1, 2002.

 

510 ILCS 72/135. Order or certified copy

§ 135. Order or certified copy. An order or a certified copy of an order, over the seal of the Department and purporting to be signed by the Director, shall be prima facie proof that:

(1) the signature is the genuine signature of the Director; and

(2) the Director is duly appointed and qualified.

This proof may be rebutted.

CREDIT(S)

P.A. 92-449, § 135, eff. Jan. 1, 2002.

 

510 ILCS 72/140. Restoration of certificate

§ 140. Restoration of certificate. Any time after the suspension or revocation of a certificate, the Department may restore the certificate to the accused agency upon the written recommendation of the Department unless, after an investigation and a hearing, the Department determines that restoration is not in the public interest.

CREDIT(S)

P.A. 92-449, § 140, eff. Jan. 1, 2002.

 

510 ILCS 72/145. Surrender of certificate

§ 145. Surrender of certificate. Upon the revocation or suspension of a certificate, the agency or technician shall immediately surrender the certificate to the Department, and if the agency or technician fails to do so, the Department shall have the right to seize the certificate.

CREDIT(S)

P.A. 92-449, § 145, eff. Jan. 1, 2002.

 

510 ILCS 72/150. Temporary suspension of a certificate

§ 150. Temporary suspension of a certificate. The Director may temporarily suspend the certificate of a euthanasia agency or euthanasia technician without a hearing, simultaneously with the institution of proceedings for a hearing, if the Director finds that evidence in his or her possession indicates that the continued practice of the certified euthanasia agency or technician would constitute cruelty or an imminent danger to the public. If the Director temporarily suspends the certificate without a hearing, a hearing by the hearing officer must be held within 30 days of the suspension.

CREDIT(S)

P.A. 92-449, § 150, eff. Jan. 1, 2002.

 

510 ILCS 72/155. Administrative Review Law

§ 155. Administrative Review Law. All final administrative decisions of the Department are subject to judicial review pursuant to the provisions of the Administrative Review Law, as now or hereafter amended, [FN1] and all rules adopted pursuant to that Law. The term “administrative decision” is defined as in Section 3-101 of the Code of Civil Procedure. [FN2]

Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for relief resides, but if the party is not a resident of this State, the venue shall be Sangamon County.

CREDIT(S)

P.A. 92-449, § 155, eff. Jan. 1, 2002. Amended by P.A. 96-1000, § 570, eff. July 2, 2010.

[FN1] 735 ILCS 5/3-101 et seq.

[FN2] 735 ILCS 5/3-101.

 

510 ILCS 72/160. Certification of record; costs

§ 160. Certification of record; costs. The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in a court in a judicial review proceeding, unless there is filed in the court, with the complaint, a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record. Failure on the part of the plaintiff to file a receipt in court shall be grounds for dismissal of the action.

CREDIT(S)

P.A. 92-449, § 160, eff. Jan. 1, 2002.

 

510 ILCS 72/165. Criminal penalties

§ 165. Criminal penalties. An agency or technician who is found to have violated a provision of this Act is guilty of a Class A misdemeanor. On conviction of a second or subsequent offense, the violator shall be guilty of a Class 4 felony. The Department shall, for the purpose of criminal investigation and prosecution, refer alleged violations of this Act to (i) local law enforcement officials or the Illinois State Police and (ii) the State’s Attorney of the county within which the violation occurred. The Department shall, for the purpose of criminal investigation and prosecution, refer alleged violations of the Humane Care for Animals Act to (i) local law enforcement officials or the Illinois State Police and (ii) the State’s Attorney of the county within which the violation occurred.

CREDIT(S)

P.A. 92-449, § 165, eff. Jan. 1, 2002. Amended by P.A. 96-780, § 10, eff. Aug. 28, 2009.

 

510 ILCS 72/170. Administrative Procedure Act

§ 170. Administrative Procedure Act. The Illinois Administrative Procedure Act [FN1] is hereby expressly adopted and incorporated in this Act as if all of the provisions of that Act were included in this Act, except that the provision of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act, [FN2] which provides that at hearings the license holder has the right to show compliance with all lawful requirements for retention, continuation, or renewal of a license, is specifically excluded. For the purposes of this Act, the notice required under Section 10-25 of the Illinois Administrative Procedure Act [FN3] is deemed sufficient when mailed to the last known address of a party.

CREDIT(S)

P.A. 92-449, § 170, eff. Jan. 1, 2002.

[FN1] 5 ILCS 100/1-1 et seq.

[FN2] 5 ILCS 100/10-65.

[FN3] 5 ILCS 100/10-25.

 

510 ILCS 72/175. Home rule

§ 175. Home rule. The regulation and certification of euthanasia agencies and euthanasia technicians are exclusive powers and functions of the State. A home rule unit may not regulate or certify euthanasia agencies or euthanasia technicians. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

CREDIT(S)

P.A. 92-449, § 175, eff. Jan. 1, 2002.

 

510 ILCS 72/180. Deposit of fees and fines

§ 180. Deposit of fees and fines. All of the fees and civil penalties collected under this Act shall be deposited into the General Professions Dedicated Fund and shall be used by the Department for the ordinary and contingent expenses of the Department.

CREDIT(S)

P.A. 92-449, § 180, eff. Jan. 1, 2002.

 

Chapter 520. Wildlife. Act 5. Wildlife Code. Article I. Authorities and Powers.

5/1.2y. Hound running

§ 1.2y. “Hound running” means pursuing any fox, coyote, raccoon, or rabbit with a hound.

CREDIT(S)

P.A. 77-1781, § 1.2y, added by P.A. 95-196, § 5, eff. Jan. 1, 2008.
5/1.2z. Authorized species

§ 1.2z. “Authorized species” means any fox, coyote, raccoon, or rabbit associated with a hound running area.

CREDIT(S)

P.A. 77-1781, § 1.2z, added by P.A. 95-196, § 5, eff. Jan. 1, 2008.

 

Act 5. Wildlife Code. Article III. Licenses and Permits. Commercial Permits

5/3.26. Hound running area permits; requirements

§ 3.26. Hound running area permits; requirements.

(a) Any person owning, holding, or controlling by lease, for a term of at least 5 years, any contiguous tract of land having an area prescribed by administrative rule who desires to establish a hound running area to pursue authorized species with hounds in a way that is not designed to capture or kill the authorized species, shall apply to the Department for a hound running area permit under this Section. The application shall be made under oath of the applicant or under oath of one of the applicant’s principal officers if the applicant is an association, club, or corporation. The annual fee for each hound running area permit is $250. All hound running area permits expire on March 31 of each year.

Every applicant under this Section must also hold a fur-bearing mammal breeder permit or a Class B commercial game breeder permit, as appropriate.

Upon receipt of an application, the Department is authorized to inspect the area proposed to be a hound running area as described in the application, the general premises, the facilities where the authorized species are to be maintained or propagated, and the habitat for the authorized species. As part of the application and inspection process, the Department shall assess the ability of the applicant to operate a property as a hound running area. If the Department finds that (i) the area meets the requirements of all applicable laws and rules, (ii) the authorized species are healthy and disease free, and (iii) the issuing of the permit will otherwise be in the public interest, then the Department shall approve the application and issue the permit for the operation of the property described in the application.

(b) Hound running areas shall be operated in a manner consistent with the following:

(1) Authorized species may be pursued with dogs in a hound running area, but not in a manner or with the intent to capture or kill. The Department shall promulgate rules that establish appropriate and prohibited activities for hound running areas.

(2) Every hound running area shall have dog-proof escape areas. “Dog-proof escape area” means a culvert, brush pile, fenced refuge, or other structure suitable for use by authorized species to safely escape from dogs present on the hound running area. The number, type, and spacing of dog-proof escape areas shall be prescribed by administrative rule.

(3) Every permit holder shall promptly post on the hound running area, at intervals of not more than 500 feet, signs prescribed by the Department by administrative rule. The boundaries of the hound running area shall also be clearly defined by fencing and signs under administrative rules promulgated by the Department. The area, signs, fencing, dog-proof escape areas, and facilities to maintain the authorized species are subject to inspection by the Department at any reasonable time.

(4) A permit holder may maintain authorized species in temporary confinement facilities on the hound running area or at another location inspected by the Department and specified on the permit. Authorized species held by a permit holder may only be released into a hound running area, except that authorized species held by a permit holder may be released into the wild, exported, or given to a person that does not hold a hound running area permit or a fur-bearing mammal breeder permit or a Class B Commercial game breeders permit as appropriate, after written authorization is obtained from the Director. Prior to being released into a hound running area, all newly acquired authorized species shall be provided at least 7 days to acclimate to the hound running area in which the animal will be pursued. Authorized species held under a permit are subject to inspection by an agent of the Department and this inspection may include removal of reasonable samples for examination.

(5) Any person who releases or handles dogs on a hound running area is subject to the hunting license and habitat stamp requirements of this Act.

(6) The permit holder shall keep accurate permanent records on forms prescribed by the Department. The permanent records shall include, for each supplier of authorized species: (i) the supplier’s full name, address, and telephone numbers; (ii) the number, sex, and identifier designation of each animal purchased, donated, sold, traded, or given to the permit holder by that supplier; and (iii) the date of the event or transaction. The permanent records shall also include the identification of all authorized species, while under the control of the permit holder on the area or elsewhere, by identifier designation and sex, along with information for each animal of the authorized species that gave birth, was born, died, or was disposed of in some other manner or that was sold, traded, donated, or conveyed in some other manner, and the dates on which those events occurred.

(7) Every permit holder shall attach an individually marked identifier provided by the Department to each animal of the authorized species maintained by the permit holder. The permit holder shall pay a fee for each identifier as established by the Department by administrative rule. The permit holder shall record the identifier for each animal maintained on the area or elsewhere or released into the area.

(8) Any person using the hound running area shall at all times respect the property rights of the property owners and the owners of adjacent properties, and shall not injure or destroy any livestock or property of any of those property owners. Springs and streams shall not be contaminated or polluted in any manner by persons using the hound running area. The natural use of springs and streams by dogs using the area shall not constitute contamination or pollution. Unless the express permission of the property owner has been given, no person using a hound running area may (i) mutilate or cut trees or shrubs on the hound running area or (ii) pick berries, fruits, or nuts present on the hound running area.

(c) Except as otherwise provided by administrative rule, it is unlawful for any person to enter a hound running area at any time with a firearm, bow and arrow, or trap.

(d) A hound running area permit is not transferable from one person to another. When a permit holder sells or leases the property that comprises or includes a hound running area and the purchaser or lessee intends to continue to use the hound running area under this Section, the purchaser or lessee must apply for a permit as provided in subsection (a) of this Section.

(e) All authorized species must be legally acquired.

(f) A person breeding or otherwise maintaining authorized species in conjunction with a hound running area must have the authorized species annually inspected and certified by a licensed Illinois veterinarian to be disease free. Anyone violating this subsection (f) is guilty of a business offense and shall be fined an amount not exceeding $5,000.

(g) The provisions of this Section are subject to modification by administrative rule.

CREDIT(S)

P.A. 77-1781, § 3.26, added by P.A. 95-196, § 5, eff. Jan. 1, 2008.

Puppy Lemon Law Protects New Pet Owners

An Illinois law protecting new pet owners is just a day away from going into effect. The Puppy Lemon Law allows owners to return a new dog or cat or be reimbursed for veterinary costs if the animal is sick.

The mission of the new puppy lemon law holds pet stores and puppy mills accountable. We spoke with a local veterinarian who says it’s not uncommon for a new pet owner to come into his office with a sick cat or dog–sometimes with a disease that cannot be cured.

Purchasing a new cat or dog is an exciting moment, but not knowing the medical history of the animal can be a risk.

“Nothing is sadder than someone adopting a puppy, and getting it home, and you’re usually attached with them within minutes, and then finding out they have a congenital defect that will decrease their life span or decrease their ability to be a good pet to the family members,” said Dr. Byron McCall, a veterinarian with Capitol Illini Veterinary Clinic.

Under Illinois’ new puppy lemon law, pet stores are now required to give customers some disclosure.

“Where the animal came from and different vaccines it’s received. Also, if they have an outbreak of a disease like parvo or distemper, they will be required to notify people who have bought animals from them,” said Sarah Moore with the Animal Protective League of Springfield.

McCall said pets can appear healthy at the store, but within days show signs of a disease or defect.

“We usually see them in higher population densities where pets come in from multiple sites and they bring a disease with them. And when they expose the other pets, then the other pets, if not protected with vaccines, can get sick from it,” McCall said.

Now, under the Puppy Lemon Law, if a vet deems a pet unfit for purchase, owners are given some options.

“Within 21 days of purchase, they can return the pet and get a full refund, they can exchange it for a new refund, or they can be reimbursed for their medical bills for the pet,” Moore said.

The new law does not apply to breeders or shelters, but McCall says he recommends all new pets get checked over by a vet as soon as you get them.

Officials with the Animal Protective League say because they don’t know the history of their animals, they do offer free veterinary care at their facility if a pet becomes sick within the first seven days.

Animal Welfare in Illinois

Who oversees animal welfare in Illinois?
The Illinois Department of Agriculture Bureau of Animal Health and Welfare administers regulations concerning animal welfare. Bureau officials license and inspect animal-related businesses, including pet shops, breeding and boarding kennels, and shelters. Animal welfare officials also respond to complaints concerning humane care and treatment of animals, improper disposal of dead animals, and animals running at large.

What specific animal-related laws does the Department of Agriculture administer?
By conducting inspections, investigating complaints and requiring corrective action when appropriate, the Department administers the following Acts:

The Animal Welfare Act provides for inspection and licensure of facilities that produce or offer certain animals for sale or adoption. Inspections ensure compliance with sanitation and animal health requirements. Several types of facilities are regulated under this act, including pet shops, dog dealers, breeding and boarding kennels, catteries, animal control facilities, animal shelters, foster homes, and guard dog services.

Under provisions of the Animal Control Act, dogs 4 months of age and older must be maintained under current rabies vaccination status. The act also requires county governments to develop a county animal control program. Animal health and welfare staff works with county officials to develop and implement these programs.

The Humane Care for Animals Act requires that owners provide adequate food, water, shelter, and care for animals. This law also prohibits organized animal fighting. The Illinois Department of Agriculture responds to legitimate complaints from citizens regarding suspected mistreatment or neglect of animals.

The Dead Animal Disposal Act provides for the collection and disposal of bodies or parts of bodies of dead animals, poultry, or fish, as well as used cooking grease and oils. Any person caring for an animal, poultry, or fish is required to properly dispose of the carcass within 24 hours as prescribed by regulations pertaining to the Act. Provisions for composting are also contained in the rules for this Act.

The Domestic Animals Running at Large Act requires that animal owners maintain their animals on their own premises and not allow them to run at large.

The Feeding of Garbage to Animals Act prohibits the feeding of garbage to swine, other animals or poultry, and provides penalties for violations of the Act.

The Brand Act provides for the recording of livestock brands. Brands means an identification mark burned into the hide of a live animal by a hot iron.

The Horse Meat Act outlaws the processing of horse meat for human consumption in Illinois; however, zoos may use horse meat for exotic animals, and animal feed producers may include it in the production of exotic animal feed.

For more information about these laws, contact:

Illinois Department of Agriculture
Bureau of Animal Health and Welfare
P.O. Box 19281
State Fairgrounds
Springfield, IL 62794-9281

217-782-6657
TDD: 217-524-6858
FAX: 217-524-7702

Gov. Quinn Supports Dogs & Police; Illinois is Most Humane State in America

By Steve Dale, Monday at 2:48 pm
Gov, Quinn Supports Dogs & Police; Illinois is Most Humane State in America
Image taken a few years ago as I was with the Governor to sign a bill for enhanced penalties if dog fighters are convicted near a children’s play area, school or daycare center – which was my idea.

Illinois Governor Pat Quinn   signed into law a bill l to mandate training so law enforcement can better understand canine signaling or what the intent of a dog may be; Listen HERE – as the Governor signed the bill LIVE on Steve Dale’s Pet World on WGN Radio.

In part, what motivated the bill was an incident in Chicago last December when Al and Barbara Phillips Miniature Bull Terrier was shot by a police officer for no apparently. Ledy VanKavage, senior  legislative analyst at Best Friends Animal Society enlightened me; I had no idea how often this police shoot and ask questions later occurs nationwide. Having said that, police have a very challenging job, making split second decisions. While the instance in Chicago, shooting the Miniature Bull Terrier, was downright odd – sometimes the choices aren’t easy. I like this bill because it’s about adding education rather than removing police the ability to use their best judgement. I cheer this move by Gov. Quinn, who continues to make Illinois the most humane state in America.

Here’s the press release:

CHICAGO –Governor Quinn today signed a new law that provides for a training program in animal fighting awareness and humane response for law enforcement officers. The new law is part of Governor Quinn’s commitment to protect pets and ensure that all animals in Illinois are treated ethically and responsibly.

“There is no place in Illinois for animal fighting and this new law will create awareness and help law officers deal with this kind of cruel behavior,” Governor Quinn said. “We also need to crack down on the mistreatment of animals in Illinois and this law will make sure our officers know the best way to respond to animals while out on the streets.”

House Bill 3388 adds language to the Illinois Police Training Act and includes a training program in animal fighting awareness. The bill provides that within the program there must be training dealing with humane responses to animal abuse, identifying animal fighting operations, and nonlethal ways to subdue canines.

Training will help create awareness and make it easier to see potential signs of dog-fighting in order to identify and break up dog-fighting rings.  Since these animals are bred to fight, they become extremely aggressive and a threat to the public. This legislation would help make it easier for officers to protect the public and themselves.  It also trains the officers in ways to subdue aggressive and abused animals in a nonlethal manner.

Today’s bill signing took place live on Steve Dale’s Pet Worldradio show on WGN radio.

The new law will take effect January 1, 2014.

This release is from Cook Country Sheriff Tom Dart:

“I am pleased to see the Animal Fighting Awareness bill – the first legislation of its kind in the nation – become law today. Any time a police officer is forced to enter a home uninvited, it represents an unpredictable and potentially stressful situation – even more so when animals enter the equation. Providing these law enforcement guidelines will allow our officers to perform their tasks at hand while ensuring that animals within the home are treated in a humane and non-lethal manner. Averting accidental animal fatalities will ensure fiscal prudence by reducing the pricey legal settlements that have beset municipalities across the country – including Chicago. This law also provides officers across the state with the tools to help detect and crack down on dog fighting operations, which continue to plague our communities.”

Governor Quinn Signs Law to Protect New Pet Owners

Governor Quinn Signs Law to Protect New Pet Owners
“Puppy Lemon Law” Protects Those Who Buy Dogs or Cats from Pet Shops
CHICAGO – Governor Pat Quinn today signed a new law that protects those who purchase dogs or cats from pet shops. The legislation gives buyers protection for pet purchases and helps to reduce the possibility of the emotional trauma that comes from losing a pet. The new law is part of Governor Quinn’s commitment to protect pets and their owners, while ensuring that all animals in Illinois are treated ethically and responsibly.“Our pets are part of our families, and it is a heartbreaking experience for anyone to go through when a new family member arrives home sick or dying,” Governor Quinn said. “This law offers more protections against ‘puppy mills’ and gives people who purchase a new dog or cat more choices as they select a new pet.”Senate Bill 1639 was sponsored by State Senator Dan Kotowski (D-Park Ridge) and State Representative Michael Zalewski (D-Riverside). It gives those who purchase a dog or cat the option of a full refund, exchange or veterinarian bill compensation if a licensed veterinarian determines the animal was sick or diseased when purchased. The law also offers the same options if a veterinarian determines the animal has a congenital or hereditary condition that requires hospitalization, surgery or has caused its death. Pet shops must also provide buyers with each animal’s medical history, and notify the Illinois Department of Agriculture immediately when they become aware of any contagious or potentially life-threatening diseases among the animals in their possession.The new law does not apply to not-for-profit animal adoption operations such as animal shelters.

“This law will both protect consumers as well as our pets,” Senator Kotowski said. “It will reduce the spread of diseases by discouraging breeders and pet stores from selling unhealthy dogs and cats.”

“The main goal of this new law is to protect consumers and animals while encouraging pet stores to work with reliable and safe breeders, not the ‘puppy mills’ that purposely withhold medical information when selling to pet stores,” Representative Zalewski said. “Illinois is now the 21st state to implement such a law, recognizing the importance of cracking down on unscrupulous practices and helping to minimize the heartache of losing a family pet.”

“Bringing a new pet into your home and finding out the animal is sick can be heart-breaking and costly for many families,” said Kristen Strawbridge, Illinois state director for The Humane Society of the United States. “We thank Governor Quinn for protecting consumers and pets by signing this bill into law.”

The law takes effect January 1, 2014.

‘Puppy lemon law’ signed by Gov. Quinn

Surrounded by dog lovers and their four-legged friends, Gov. Pat Quinn signed legislation Saturday he said would help protect consumers who buy a dog or cat and then learn the animal is seriously ill.

Surrounded by dog lovers and their four-legged friends, Gov. Pat Quinn signed legislation Saturday he said would help protect consumers who buy a dog or cat and then learn the animal is seriously ill.

Surrounded by dog lovers and their four-legged friends, Gov. Pat Quinn signed legislation Saturday he said would help protect consumers who buy a dog or cat and then learn the animal is seriously ill.

The so-called “puppy lemon law” also has another goal: putting pressure on pet stores that get dogs from overcrowded puppy mills.

“This law … is all about protecting our pets and protecting our families who love their pets,” Quinn told supporters gathered for the ceremony at Chicago’s Wiggly Field dog park. “We don’t want those who are conducting these puppy mills anywhere in the United States to get away with what they’re doing. That’s our real mission.”

Illinois is the 21st state to pass a lemon law that applies to pets.

The law allows pet owners to get a full refund or replacement if they buy a pet from a store and it dies within 21 days. Pet owners also could get a replacement pet or be reimbursed for the cost of veterinary care if they keep the animal and a veterinarian determines it was sick or diseased when it was sold.

The law also requires pet stores to report any outbreak of diseases to the state Department of Agriculture and to inform customers if outbreaks of certain illnesses have occurred at their store.

Opponents said the bill was too far-reaching and anti-business. But supporters, including the Humane Society, said their push for the legislation was inspired in part by a 2012 outbreak of canine distemper at a Chicago-area pet store chain. The Humane Society says an investigation found the stores obtained the dogs from puppy mills, where dogs were being kept in cramped cages and not receiving proper care.

“It holds pet stores accountable,” said Stacey Smith, who attended the ceremony with her dog Fritzie. The Yorkie – who got a tousle on the head from the governor – was dropped off at a shelter eight years ago “filthy dirty” and suffering from a liver problem, Smith said.

Cari Meyers is founder of The Puppy Mill Project, which works to educate people in the Chicago area about puppy mills. She said the organization hears from people every day who have a dead or dying dog they bought from a pet store. Some owners end up spending thousands of dollars on veterinary care, she said.

Meyers and other supporters said their ultimate goal is to see stores that sell dogs banned entirely in Illinois.

In the meantime, she called the puppy lemon law “a dream come true.”

The law, which takes effect Jan. 1, was sponsored by state Sen. Dan Kotowski, a Park Ridge Democrat, and Rep. Michael Zalewski, a Riverside Democrat.

(Copyright ©2013 by The Associated Press. All Rights Reserved.)
IL S.B. 1639

Gov. Quinn Signs Bill to Mandate Police Training

By Steve Dale, August 9, 2013 at 9:32 pm
Gov. Quinn Signs Bill to Mandate Police Training: Steve Dale's Pet World
With Gov. Quinn at another bill signing, this one involved enhanced penalties for dogfighters near day care centers, schools or children’s play areas

Steve Dale’s Pet World, August 24 radio show will be broadcast from Wrigley Field, starting at 1 p.m. CDT,  as a part of several WGN Radio broadcasts of the Wood Family Foundation celebrity Wiffle for a Diffle (wiffle baseball at Wrigley for charity). Listen at 720 AM or here.

At 1:45 Illinois Governor Pat Quinn signs a bill live on my show. Here is the press release from the office of the Governor:

CHICAGO –Governor Quinn today signed a new law that provides for a training program in animal fighting awareness and humane response for law enforcement officers. The new law is part of Governor Quinn’s commitment to protect pets and ensure that all animals in Illinois are treated ethically and responsibly.

“There is no place in Illinois for animal fighting and this new law will create awareness and help law officers deal with this kind of cruel behavior,” Governor Quinn said. “We also need to crack down on the mistreatment of animals in Illinois and this law will make sure our officers know the best way to respond to animals while out on the streets.”

House Bill 3388 adds language to the Illinois Police Training Act and includes a training program in animal fighting awareness. The bill provides that within the program there must be training dealing with humane responses to animal abuse, identifying animal fighting operations, and nonlethal ways to subdue canines.

Training will help create awareness and make it easier to see potential signs of dog-fighting in order to identify and break up dog-fighting rings.  Since these animals are bred to fight, they become extremely aggressive and a threat to the public. This legislation would help make it easier for officers to protect the public and themselves.  It also trains the officers in ways to subdue aggressive and abused animals in a nonlethal manner.

Today’s bill signing took place live on Steve Dale’s Pet World radio show on WGN radio.

The new law will take effect January 1, 2014.