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Full Text of HB1247  97th General Assembly

HB1247 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1247

 

Introduced 02/08/11, by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
510 ILCS 70/3  from Ch. 8, par. 703

    Amends the Humane Care for Animals Act. Provides that certain requirements must be met in order for an owner to lawfully tether a dog outdoors. Creates certain exemptions from that requirement. Provides penalties for violations. Defines "tether".


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning animals.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Humane Care for Animals Act is amended by
5changing Section 3 as follows:
 
6    (510 ILCS 70/3)  (from Ch. 8, par. 703)
7    Sec. 3. Owner's duties.
8    (a) Each owner shall provide for each of his or her
9animals:
10        (1) a (a) sufficient quantity of good quality,
11    wholesome food and water;
12        (2) (b) adequate shelter and protection from the
13    weather;
14        (3) (c) veterinary care when needed to prevent
15    suffering; and
16        (4) (d) humane care and treatment.
17    (b) To lawfully tether a dog outdoors, an owner must ensure
18that the dog:
19        (1) does not suffer from a condition that is known, by
20    that person, to be exacerbated by tethering;
21        (2) is tethered in a manner that will prevent it from
22    becoming entangled with other tethered dogs;
23        (3) is not tethered with a lead that (i) exceeds

 

 

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1    one-eighth of the dog's body weight or (ii) is a tow chain
2    or a log chain, either of which is any chain that is more
3    than one-fourth of an inch in width;
4        (4) is tethered with a lead that measures, when rounded
5    to the nearest whole foot, at least 10 feet in length;
6        (5) is tethered with a properly fitting harness or
7    collar other than the lead or a pinch, prong, or choke-type
8    collar;
9        (6) is not tethered in a manner that will allow it to
10    reach within the property of another person, a public
11    walkway, or a road; and
12        (7) when tethered between 10 p.m. and 6 a.m., is
13    tethered for no more than 15 minutes or has access to
14    adequate shelter and protection from the weather as
15    required under subsection (a) of this Section.
16    (c) Subsection (b) of this Section shall not be construed
17to prohibit:
18        (1) a person from walking a dog with a hand-held leash;
19        (2) conduct that is directly related to the cultivating
20    of agricultural products, including shepherding or herding
21    cattle or livestock, if the restraint is reasonably
22    necessary for the safety of the dog; or
23        (3) the tethering of a dog while at an organized and
24    lawful animal function, such as hunting, obedience
25    training, performance and conformance events, or law
26    enforcement training, or while in the pursuit of working or

 

 

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1    competing in those endeavors.
2    (d) A person convicted of violating subsection (a) of this
3Section is guilty of a Class B misdemeanor. A second or
4subsequent violation of subsection (a) of this Section is a
5Class 4 felony with every day that a violation continues
6constituting a separate offense. In addition to any other
7penalty provided by law, upon conviction for violating
8subsection (a) of this Section, the court may order the
9convicted person to undergo a psychological or psychiatric
10evaluation and to undergo any treatment at the convicted
11person's expense that the court determines to be appropriate
12after due consideration of the evaluation. If the convicted
13person is a juvenile or a companion animal hoarder, the court
14must order the convicted person to undergo a psychological or
15psychiatric evaluation and to undergo treatment that the court
16determines to be appropriate after due consideration of the
17evaluation.
18    (e) A person convicted of violating subsection (b) of this
19Section is guilty of a Class B misdemeanor.
20    (f) As used in this Section, "tether" means to restrain by
21tying to an object or structure, including, without limitation,
22a house, tree, fence, post, garage, shed, or clothes line at a
23person's residence or business, by any means, including,
24without limitation, a chain, rope, cord, leash, or running
25line.
26(Source: P.A. 92-650, eff. 7-11-02.)