5/14-6.02. Service animals
 

5/2.34. Dog Trials
 

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

20/15. Inadvertent entry of dog; recovery
 

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

1/30-110. Impounding and sale of animals
 

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 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
5/2.18. 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 Repealed by P.A. 78-1166, § 2, eff.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
5/16. 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

10/0.01. Short title
10/1. Laboratory services

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

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

630/0.01. Short title
630/1. Blind, hearing impaired, physically handicapped person, or person subject to epilepsy or other seizure disorders; guide dogs; 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

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 Law Review
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

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness. 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.

§ 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.

West's Smith-hurd Illinois Compiled Statutes Annotated Currentness. 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. 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.

CREDIT(S)

Laws 1961, p. 31, § 14-6.02, added by P.A. 87-228, § 1, eff. Jan. 1, 1992.

West's Smith-hurd Illinois Compiled Statutes Annotated Currentness. 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.

West's Smith-hurd Illinois Compiled Statutes Annotated Currentness. 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.

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness. 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.

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness. 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.

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness. 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 1961.

CREDIT(S)
P.A. 78-795, § 2.17a, added by P.A. 93-548, § 5, eff. Aug. 19, 2003.

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.

5/2.18. 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

§ 7. All registration fees collected shall be remitted to the County Treasurer, who shall place the monies in an Animal Control Fund. This fund shall be set up by him for the purpose of paying costs of the Animal Control Program. 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.

CREDIT(S)
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.

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.

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.

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. The Administrator shall make every reasonable attempt to contact the owner as defined by Section 2.16 as soon as possible. The Administrator shall give notice of not less than 7 business days to the owner prior to disposal of the animal. Such notice shall be mailed to the last known address of the owner. 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 of the animal.

In case the owner 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 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.

CREDIT(S)
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.

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 release any dog or cat when not redeemed by 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.

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, 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.

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 clear and convincing evidence. The final order of the circuit court may be appealed pursuant to the civil appeals provisions of the Illinois Supreme Court Rules.
(b) The owner of a dog found to be a dangerous dog pursuant to this Act by the Director may, within 14 days of receipt of notification of the determination, request an administrative hearing to appeal the determination. The administrative hearing shall be conducted pursuant to the Department of Agriculture's rules applicable to formal administrative proceedings, 8 Ill. Adm. Code Part 1, SubParts A and B. An owner desiring a hearing shall make his or her request for a hearing to the Illinois Department of Agriculture. The final administrative decision of the Department may be reviewed judicially by the circuit court of the county wherein the person resides or, in the case of a corporation, the county where its registered office is located. If the plaintiff in a review proceeding is not a resident of Illinois, the venue shall be in Sangamon County. The Administrative Review Law and all amendments and modifications thereof, and the rules adopted thereto, apply to and govern all proceedings for the judicial review of final administrative decisions of the Department hereunder.
(c) Until the order has been reviewed and at all times during the appeal process, the owner shall comply with the requirements set forth by the Administrator, the court, or the Director.
(d) At any time after a final order has been entered, the owner may petition the circuit court to reverse the designation of dangerous dog.
CREDIT(S)
P.A. 78-795, § 15.3, added by P.A. 93-548, § 5, eff. Aug. 19, 2003.

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.

§ 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

(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 who in good faith contacts the registered owner 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 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.

CREDIT(S)
P.A. 78-795, § 35, added by P.A. 94-639, § 915, eff. Aug. 22, 2005.

West's Smith-Hurd Illinois Compiled Statutes Annotated Currentness. Chapter 510. Animals. Act 50. Illinois Diseased Animals Act.

10/0.01. Short title

§ 1. For the purposes of this Act:
"Department" means the Department of Agriculture of the State of Illinois.

"Director" means the Director of the Illinois Department of Agriculture, or his duly appointed representative.

"Contagious or infectious disease" means a specific disease designated by the Department as contagious or infectious under rules pertaining to this Act.

"Reportable disease" means a specific disease designated by the Department as reportable under rules pertaining to this Act.

"Animals" means domestic animals, poultry, and wild animals in captivity.

"Exposed to" means for an animal to come in contact with another animal or an environment that is capable of transmitting a contagious, infectious, or reportable disease. An animal will no longer be considered as "exposed to" when it is beyond the standard incubation time for the disease and the animal has been tested negative for the specific disease or there is no evidence that the animal is contagious, except for animals exposed to Johne's disease. Animals originating from a herd where Johne's disease has been diagnosed will be considered no longer "exposed to" with a negative test. The negative test must have been conducted within 30 days prior to the sale or movement.

"Swap meet" means an organized event where animals including, but not limited to, dogs, cats, birds, fish, reptiles, or other animals customarily obtained as pets, are sold, traded, or exchange hands.

CREDIT(S)
Laws 1943, vol. 1, p. 24, eff. July 23, 1943. Amended by Laws 1945, p. 45, § 1, eff. July 24, 1945; Laws 1947, p. 38, § 1, eff. July 21, 1947; Laws 1961, p. 3164, § 1, eff. Aug. 14, 1961; Laws 1967, p. 905, § 1, eff. July 1, 1967; P.A. 81-196, § 1, eff. Jan. 1, 1980; P.A. 90-385, § 10, eff. Aug. 15, 1997; P.A. 91-457, § 30, eff. Jan. 1, 2000; P.A. 93-980, § 5, eff. Aug. 20, 2004.

10/1. Laboratory services

§ 1. Laboratory services.

(a) The Department of Agriculture is authorized to establish such additional number of animal disease laboratories, not exceeding five, as may be necessary to serve the livestock and poultry industry of the State.

(b) Such laboratories each shall be in charge of a licensed veterinarian, who in addition to making serological blood tests, shall be competent to make diagnoses of such cases of livestock and poultry diseases as may be submitted to such laboratories.

(c) The Department may enter into an arrangement with the College of Veterinary Medicine of the University of Illinois whereby any cases submitted to such laboratories which are not susceptible of diagnosis in the field or by common laboratory procedure, or upon which research is required, may be submitted to such College of Veterinary Medicine for diagnosis or research.

(d) The Department may establish and collect reasonable fees for diagnostic services performed by such animal disease laboratories. However, no fees may be collected for diagnostic tests required by Illinois law.

(e) The Department may establish and collect reasonable fees for providing analyses of research samples, out-of-state samples, non-agricultural samples, and survey project samples. These samples shall be defined by rule. The fees shall be deposited into the Illinois Department of Agriculture Laboratory Services Revolving Fund. The fees collected shall not exceed the Department's actual cost to provide these services.

(f) Moneys collected under subsection (e) shall be appropriated from the Illinois Department of Agriculture Laboratory Services Revolving Fund solely for the purposes of (1) testing specimens submitted in support of Department programs established for animal health, welfare, and safety, and the protection of Illinois consumers of Illinois agricultural products, and (2) testing specimens submitted by veterinarians and agency personnel to determine whether chemically hazardous or biologically infectious substances or other disease causing conditions are present.

(g) The Director may issue rules, consistent with the provisions of this Act, for the administration and enforcement of this Act. These rules shall be approved by the Advisory Board of Livestock Commissioners.

CREDIT(S)

Laws 1947, p. 1687, § 1, eff. July 22, 1947. Amended by P.A. 83-63, § 1, eff. Aug. 15, 1983; P.A. 88-91, § 93, eff. July 14, 1993; P.A. 90-403, § 10, eff. Jan. 1, 1998.

50/2. Duties of Department; rules and regulations

§ 2. It is the duty of the Department to investigate all cases or alleged cases coming to its knowledge of contagious and infectious diseases among animals within the State and to provide for the suppression, prevention, and extirpation of infectious and contagious diseases of such animals.

The Department may make and adopt reasonable rules and regulations for the administration and enforcement of the provisions of this Act. No rule or regulation made, adopted or issued by the Department pursuant to the provisions of this Act shall be effective unless such rule or regulation has been submitted to the Advisory Board of Livestock Commissioners for approval. All rules of the Department, and all amendments or revocations of existing rules, shall be recorded in an appropriate book or books, shall be adequately indexed, shall be kept in the office of the Department, and shall constitute a public record. Such rules shall be printed in pamphlet form and furnished, upon request, to the public free of cost.

CREDIT(S)

Laws 1943, vol. 1, p. 24, § 2, eff. July 23, 1943. Amended by Laws 1945, p. 44, § 1, eff. July 1, 1945; Laws 1955, p. 1352, § 1, eff. July 11, 1955; Laws 1961, p. 3164, § 1, eff. Aug. 14, 1961; P.A. 77-108, § 1, eff. July 1, 1971.

50/3. Examination of animals; quarantine

§ 3. Upon its becoming known to the Department that any animals are infected, or suspected of being infected, with any contagious or infectious disease, the Department shall have the authority to cause proper examination thereof to be made; and if such disease is found to be of a dangerously contagious or dangerously infectious nature, shall order such diseased animals and such as have been exposed to such disease, and the premises in or on which they are, or have recently occupied, to be quarantined. The Department may, in connection with any such quarantine, order that no animal which has been or is so diseased, or exposed to such disease, may be removed from the premises so quarantined and that no animal susceptible to such disease may be brought therein or thereon, except under such rules as the Department may prescribe.

CREDIT(S)

Laws 1943, vol. 1, p. 24, § 3, eff. July 23, 1943. Amended by Laws 1961, p. 3164, § 1, eff. Aug. 14, 1961; P.A. 90-385, § 10, eff. Aug. 15, 1997.

50/4. Slaughter of animals; disinfection of premises and vehicles

§ 4. The Depar