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Public Act 097-0240


 

Public Act 0240 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0240
 
SB1637 EnrolledLRB097 06001 CEL 46072 b

    AN ACT concerning animals.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Animal Control Act is amended by changing
Sections 10 and 35 as follows:
 
    (510 ILCS 5/10)  (from Ch. 8, par. 360)
    Sec. 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.
(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
 
    (510 ILCS 5/35)
    Sec. 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.
(Source: P.A. 94-639, eff. 8-22-05.)
 
    Section 99. Effective date. This Act takes effect January
1, 2012.

Effective Date: 1/1/2012