SB3496sam001 96TH GENERAL ASSEMBLY

Sen. Dave Syverson

Filed: 3/1/2010

09600SB3496sam001 LRB096 18891 RLJ 37925 a

AMENDMENT TO SENATE BILL 3496

AMENDMENT NO. ______. Amend Senate Bill 3496 by replacing everything after the enacting clause with the following:

"Section 5. The Counties Code is amended by adding Section 5-1071.2 as follows:

(55 ILCS 5/5-1071.2 new)

Sec. 5-1071.2. Barking dogs. The county board of each county may, by ordinance, regulate and prohibit the ownership, keeping, possession, or harboring of dogs that by frequent or habitual howling, yelping, barking, or otherwise cause annoyance or disturbance to the surrounding neighborhood within an unincorporated area of the county that has been subdivided for residential purposes. The ordinance must require that the dog was either (i) left outside of a residence without an owner or caretaker, as those terms are used in the Animal Control Act, on the property or (ii) left outside of a residence and the owner or caretaker was present on the property but the owner or caretaker did not take remedial action to cease the annoyance or disturbance to the surrounding neighborhood. The county board may impose such fines or penalties as are deemed proper to effectuate the purposes of this Section, except when a fine or penalty is already allowed by law. This Section does not apply to veterinary hospitals or clinics operated by a veterinarian licensed under the Veterinary Medicine and Surgery Practice Act of 2004 or premises occupied or used by a county pound.

For the purposes of this Section, "surrounding neighborhood" means the property upon which the violating dog is causing the annoyance or disturbance and all properties within 500 feet of that property.

Section 99. Effective date. This Act takes effect upon becoming law.".