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92_SB0653enr SB653 Enrolled LRB9208067DJcs 1 AN ACT in relation to animals. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Animal Control Act is amended by changing 5 Sections 15 and 26 as follows: 6 (510 ILCS 5/15) (from Ch. 8, par. 365) 7 Sec. 15. (a) For purposes of this Section: 8 (1) "Vicious dog" means: 9 (i) Any individual dog that when unprovoked 10 inflicts bites or attacks a human being or other 11 animal either on public or private property. 12 (ii) Any individual dog with a known 13 propensity, tendency or disposition to attack 14 without provocation, to cause injury or to otherwise 15 endanger the safety of human beings or domestic 16 animals. 17 (iii) Any individual dog that has as a trait or 18 characteristic and a generally known reputation for 19 viciousness, dangerousness or unprovoked attacks 20 upon human beings or other animals, unless handled 21 in a particular manner or with special equipment. 22 (iv) Any individual dog which attacks a human 23 being or domestic animal without provocation. 24 (v) Any individual dog which has been found to 25 be a "dangerous dog" upon 3 separate occasions. 26 No dog shall be deemed "vicious" if it bites, 27 attacks, or menaces a trespasser on the property of 28 its owner or harms or menaces anyone who has 29 tormented or abused it or is a professionally 30 trained dog for law enforcement or guard duties. 31 Vicious dogs shall not be classified in a manner SB653 Enrolled -2- LRB9208067DJcs 1 that is specific as to breed. 2 If a dog is found to be a vicious dog, the dog 3 shall be subject to enclosure. 4 (2) "Dangerous Dog" means any individual dog which 5 when either unmuzzled, unleashed, or unattended by its 6 owner, or a member of its owner's family, in a vicious or 7 terrorizing manner, approaches any person in an apparent 8 attitude of attack upon streets, sidewalks, or any public 9 grounds or places. If a dog is found to be a dangerous 10 dog, the dog must be both muzzled and leashed whenever 11 it is upon a street, sidewalk, or other public place or 12 grounds. 13 (3) "Enclosure" means a fence or structure of at 14 least 6 feet in height, forming or causing an enclosure 15 suitable to prevent the entry of young children, and 16 suitable to confine a vicious dog in conjunction with 17 other measures which may be taken by the owner or keeper, 18 such as tethering of a vicious dog within the enclosure. 19 Such enclosure shall be securely enclosed and locked and 20 designed with secure sides, top and bottom and shall be 21 designed to prevent the animal from escaping from the 22 enclosure. 23 (4) "Impounded" means taken into the custody of the 24 public pound in the city or town where the vicious dog is 25 found. 26 (5) "Found to be vicious dog" means (i) that the 27 Administrator, an Animal Control Warden, or a law 28 enforcement officer has conducted an investigation and 29 made a finding in writing that the dog is a vicious dog 30 as defined in paragraph (1) of subsection (a) and, based 31 on that finding, the Administrator, an Animal Control 32 Warden, or the Director has declared in writing that the 33 dog is a vicious dog or (ii) that the circuit court has 34 found the dog to be a vicious dog as defined in paragraph SB653 Enrolled -3- LRB9208067DJcs 1 (1) of subsection (a) and has entered an order based on 2 that finding. 3 (b) It shall be unlawful for any person to keep or 4 maintain any dog which has been found to be a vicious dog 5 unless such dog is at all times kept in an enclosure. The 6 only times that a vicious dog may be allowed out of the 7 enclosure are (1) if it is necessary for the owner or keeper 8 to obtain veterinary care for the dog or (2) to comply with 9 the order of a court of competent jurisdiction, provided that 10 the dog is securely muzzled and restrained with a chain 11 having a tensile strength of 300 pounds and not exceeding 3 12 feet in length, and shall be under the direct control and 13 supervision of the owner or keeper of the dog. 14 Any dog which has been found to be a vicious dog and 15 which is not confined to an enclosure shall be impounded by 16 the Administrator, an Animal Control Warden, or the law 17 enforcement authority having jurisdiction in such area and 18 shall be turned over to a licensed veterinarian for 19 destruction by lethal injection. 20 If the owner of the dog has not appealed the impoundment 21 order to the circuit court in the county in which the animal 22 was impounded within 7 working days, the dog may be humanely 23 dispatched. A dog found to be a vicious dog shall not be 24 released to the owner until the Administrator, an Animal 25 Control Warden, or the Director approves the enclosure as 26 defined in this Section. 27 No owner or keeper of a vicious dog shall sell or give 28 away the dog. 29 (b-5) If a vicious dog is impounded under subsection 30 (b), it must be either spayed or neutered within 30 days 31 after the impoundment. The owner of the dog is liable for 32 the cost of the spaying or neutering. 33 (c) It is unlawful for any person to maintain a public 34 nuisance by permitting any dangerous dog or other animal to SB653 Enrolled -4- LRB9208067DJcs 1 leave the premises of its owner when not under control by 2 leash or other recognized control methods. 3 Guide dogs for the blind or hearing impaired, support 4 dogs for the physically handicapped, and sentry, guard, or 5 police-owned dogs are exempt from this Section; provided, an 6 attack or injury to a person occurs while the dog is 7 performing duties as expected. To qualify for exemption 8 under this Section, each such dog shall be currently 9 inoculated against rabies in accordance with Section 8 of 10 this Act. It shall be the duty of the owner of such exempted 11 dog to notify the Administrator of changes of address. In 12 the case of a sentry or guard dog, the owner shall keep the 13 Administrator advised of the location where such dog will be 14 stationed. The Administrator shall provide police and fire 15 departments with a categorized list of such exempted dogs, 16 and shall promptly notify such departments of any address 17 changes reported to him. 18 The Administrator, the State's Attorney, or any citizen 19 of the county in which a dangerous dog or other animal exists 20 may file a complaint in the name of the People of the State 21 of Illinois to enjoin all persons from maintaining or 22 permitting such, to abate the same, and to enjoin the owner 23 of such dog or other animal from permitting same to leave his 24 premises when not under control by leash or other recognized 25 control methods. Upon the filing of a complaint in the 26 circuit court, the court, if satisfied that this nuisance may 27 exist, shall grant a preliminary injunction with bond in such 28 amount as the court may determine enjoining the defendant 29 from maintaining such nuisance. If the existence of the 30 nuisance is established, the owner of such dog or other 31 animal shall be in violation of this Act, and in addition, 32 the court shall enter an order restraining the owner from 33 maintaining such nuisance and may order that such dog or 34 other animal be humanely dispatched. SB653 Enrolled -5- LRB9208067DJcs 1 (Source: P.A. 86-1460; 87-456.) 2 (510 ILCS 5/26) (from Ch. 8, par. 376) 3 Sec. 26. (a) Any person violating or aiding in or 4 abetting the violation of any provision of this Act, or 5 counterfeiting or forging any certificate, permit, or tag, or 6 making any misrepresentation in regard to any matter 7 prescribed by this Act, or resisting, obstructing, or 8 impeding the Administrator or any authorized officer in 9 enforcing this Act, or refusing to produce for inoculation 10 any dog in his possession not confined at all times to an 11 enclosed area, or who removes a tag from a dog for purposes 12 of destroying or concealing its identity, is guilty of a 13 petty offense for a first or second offense and shall be 14 fined not less than $25 nor more than $200, and for a third 15 and subsequent offense, is guilty of a Class C misdemeanor. 16 Each day a person fails to comply constitutes a separate 17 offense. Each State's Attorney to whom the Administrator 18 reports any violation of this Act shall cause appropriate 19 proceedings to be instituted in the proper courts without 20 delay and to be prosecuted in the manner provided by law. 21 (b) If the owner of a dog subject to enclosure: 22 (1) fails to maintain or keep the dog in an 23 enclosure or otherwise fails to maintain or keep the dog 24 as required under subsection (b) of Section 15; and 25 (2) the dog inflicts great bodily harm, permanent 26 disfigurement, or permanent physical disability upon any 27 other person or causes the death of another person; and 28 (3) the attack is unprovoked in a place where such 29 person is peaceably conducting himself and where such 30 person may lawfully be; 31 the owner shall be guilty of a Class 4 felony, except that if 32A misdemeanor, unlessthe owner knowingly allowed the dog to 33 run at large or failed to take steps to keep the dog in an SB653 Enrolled -6- LRB9208067DJcs 1 enclosure or otherwise maintain or keep the dog as required 2 under subsection (b) of Section 15, then the owner shall be 3 guilty of a Class 34felony. The penalty provided in this 4 paragraph shall be in addition to any other criminal or civil 5 sanction provided by law. 6 (c) If the owner of a dog found to be a dangerous dog: 7 (1) fails to maintain or keep the dog both muzzled 8 and leashed when it is upon a street, sidewalk, or other 9 public place or grounds; and 10 (2) the dog inflicts great bodily harm, permanent 11 disfigurement, or permanent physical disability upon any 12 other person or causes the death of another person; and 13 (3) the attack is unprovoked in a place where the 14 other person is peaceably conducting himself or herself 15 and where that person may lawfully be; 16 the owner is guilty of a Class 4 felony, except that if the 17 owner knowingly failed to maintain or keep the dog both 18 muzzled and leashed, then the owner is guilty of a Class 3 19 felony. The penalty provided in this subsection (c) is in 20 addition to any other criminal or civil sanction provided by 21 law. 22 (Source: P.A. 87-456.) 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.