Displaying 41 - 50 of 69
Titlesort descending Summary
IL - Protected species - Article II. Game Protective Regulations.

This collection of statutes provides that the title of all wild birds and mammals rests with the state. A new section in 2011 vests the Department of Natural Resources with the ability to control the possession and release of species deemed exotic or invasive. Other sections concern the possession of certain wild birds and animals. Possession of any listed wild bird or its parts (including the eagle) is illegal under the statute, except for the bona fide scientific or zoological exhibition.

IL - Restaurant - 5/11-20-14. Companion dogs; restaurants

This law provides that a municipality with a population of 1,000,000 or more may, by ordinance, authorize the presence of companion dogs in outdoor areas of restaurants where food is served, if the ordinance provides for adequate controls to ensure compliance with other Illinois health laws. An ordinance enacted under this Section shall provide that: (i) no companion dog shall be present in the interior of any restaurant or in any area where food is prepared; and (ii) the restaurant shall have the right to refuse to serve the owner of a companion dog if the owner fails to exercise reasonable control over the companion dog or the companion dog is otherwise behaving in a manner that compromises or threatens to compromise the health or safety of any person present in the restaurant. Under this law, "companion dog" means a dog other than one who is assisting a person with disability.

IL - Service Animal - Chapter 740. Civil Liabilities.

Under this Illinois statute, a physically impaired person may bring an action for both economic and noneconomic damages against a person who steals, injures, or attacks his or her assistance animal with hazardous chemicals (provided he or she reasonably knew the guide dog was present and the chemical was hazardous).  The economic damages recoverable include veterinary medical expenses, replacement costs, and temporary replacement assistance (provided by person or animal).  No cause of action lies where the physically impaired person was committing a civil or criminal trespass at the time of the attack or theft.

IL - Swap Meets - 50/24.1. Swap meets This law requires that swap meet organizers provide the State with certain records about the presence and sale of animals.
IL - Veterinary - Veterinary Medicine and Surgery Practice Act of 2004.

These are the state's veterinary practice laws.  Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

Illinois 1869: Cruelty to Animals Statute

Historical Law: The first part of this Statute details the incorporation of the Illinois Society for the Prevention of Cruelty to Animals.  The second part of the statute describes various laws concerning the treatment of animals.

In re MARRIAGE OF Kimberly K. Enders and Michael A. BAKER

In this case, Michael A. Baker appealed the trial court’s decision regarding property distribution and visitation rights with regard to his two dogs, Grace and Roxy, following his divorce from Kimberly K. Enders. The trial court awarded custody of both dogs to Enders and denied Baker any visitation rights. In making its decision, the trial court relied on a New York case in which the New York Supreme Court did not allow dog visitation. (Travis v. Murray, 42 Misc.3d 447, 977 N.Y.S.2d 621, 631 (N.Y.Sup.Ct.2013). The New York Supreme Court refused to apply the “best interests of the dog” standard and instead applied a “best for all standard,” holding that “household pets enjoy a status greater than mere chattel.” Baker appealed the trail court’s decision arguing that Illinois courts have the authority to order pet visitation. On appeal, the court determined that there was no case law to suggest that an Illinois court had ever addressed the issue of dog visitation. As a result, the court found that the trial court was well within its discretion to apply the standard used in the New York case. Additionally, the court of appeals applied the statutory definition of “dog owner” in Illinois and determined that Enders was the dogs’ rightful owner. The Illinois statute defined owner as “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.” The court found that because the dogs were left in Ender’s care following the divorce, she is the one who “keeps or harbors” the dogs and is therefore the owner. Ultimately, the court affirmed the trial court’s decision and denied Baker visitation rights.

Jankoski v. Preiser Animal Hospital, Ltd.

Plaintiff dog owners sought review of an order of the Circuit Court of Cook County (Illinois), which dismissed their complaint against defendants, animal hospital and veterinarians, with prejudice. The trial court held that plaintiffs' complaint to recover damages for the loss of companionship they experienced as a result of the death of their dog failed to state a cause of action. The court affirmed the order of the trial court that dismissed the complaint filed by plaintiff dog owners against defendants, animal hospital and veterinarians. The court held that the law did not permit a dog owner to recover for the loss of companionship of a dog.

Kindel v. Tennis

Plaintiff was an employee of a dairy farm owned by defendants. In 2007, he was injured by a bull owned and controlled by defendants while working on the defendants' farm . The Appellate Court disagreed with the lower court, finding that the employee's allegations were sufficient to support a claim against the farm owners under the Animal Control Act. The court found it was a question of fact whether it was plaintiff's job to care for the bull, and whether that animal was in the care and/or custody of plaintiff at the time of the injury.

Klitzka ex rel. Teutonico v. Hellios

In this Illinois case, the Appellate Court considered, as a matter of first impression, under what circumstances does a landlord owe a duty of care to his tenant's invitees to prevent injury from an attack by an animal kept by the tenant on the leased premises?  A minor invitee (Alexus) of the tenants was bitten by tenants' dog and brought a negligence action against residential landlords.  It was undisputed that the tenants held exclusive control over the premises and paid $700 a month in rent to the landlords.  The Appellate Court held that even if landlords knew tenants' dog was dangerous, the landlords had no duty to protect the tenants' invitee because landlords retained no control over the leased premises where injury occurred.  "Here, the tenants' affirmative conduct of bringing the dog into the living space of the home, an area over which the landlords had no control, is what might have been the proximate cause of Alexus' injuries."