Sen. Linda Holmes
Filed: 3/20/2018
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| 1 | AMENDMENT TO SENATE BILL 2380
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 2380 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Animal Welfare Act is amended by changing | ||||||
| 5 | Sections 2, 3.2, 3.4, 3.6, and 7 and by adding Section 7.1 as | ||||||
| 6 | follows:
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| 7 | (225 ILCS 605/2) (from Ch. 8, par. 302)
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| 8 | Sec. 2. Definitions. As used in this Act unless the context | ||||||
| 9 | otherwise
requires:
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| 10 | "Department" means the Illinois Department of Agriculture.
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| 11 | "Director" means the Director of the Illinois Department of | ||||||
| 12 | Agriculture.
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| 13 | "Pet shop operator" means any person who sells, offers to | ||||||
| 14 | sell,
exchange, or offers for adoption with or without charge | ||||||
| 15 | or donation dogs,
cats, birds, fish, reptiles, or other animals | ||||||
| 16 | customarily obtained as pets
in this State. However, a person | ||||||
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| 1 | who sells only such animals that he has
produced and raised | ||||||
| 2 | shall not be considered a pet shop operator under this
Act, and | ||||||
| 3 | a veterinary hospital or clinic operated by a veterinarian or
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| 4 | veterinarians licensed under the Veterinary Medicine and | ||||||
| 5 | Surgery Practice
Act of 2004 shall not be considered a pet shop | ||||||
| 6 | operator under this
Act.
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| 7 | "Dog dealer" means any person who sells, offers to sell, | ||||||
| 8 | exchange, or
offers for adoption with or without charge or | ||||||
| 9 | donation dogs in this State.
However, a person who sells only | ||||||
| 10 | dogs that he has produced and raised shall
not be considered a | ||||||
| 11 | dog dealer under this Act, and a veterinary hospital or
clinic | ||||||
| 12 | operated by a veterinarian or veterinarians licensed under the
| ||||||
| 13 | Veterinary Medicine and Surgery Practice Act of 2004
shall not | ||||||
| 14 | be considered a dog dealer under this Act.
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| 15 | "Secretary of Agriculture" or "Secretary" means the | ||||||
| 16 | Secretary of
Agriculture of the United States Department of | ||||||
| 17 | Agriculture.
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| 18 | "Person" means any person, firm, corporation, partnership, | ||||||
| 19 | association
or other legal entity, any public or private | ||||||
| 20 | institution, the State of
Illinois, or any municipal | ||||||
| 21 | corporation or political subdivision of the
State.
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| 22 | "Kennel operator" means any person who operates an | ||||||
| 23 | establishment, other
than an animal control facility, | ||||||
| 24 | veterinary hospital, or animal
shelter, where dogs or dogs and | ||||||
| 25 | cats are maintained
for boarding, training or similar purposes | ||||||
| 26 | for a fee or compensation; or
who sells, offers to sell, | ||||||
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| 1 | exchange, or offers for adoption with or without
charge dogs or | ||||||
| 2 | dogs and cats which he has produced and raised. A person who
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| 3 | owns, has possession of, or harbors 5 or less
females capable | ||||||
| 4 | of reproduction shall not be considered a kennel
operator.
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| 5 | "Cattery operator" means any person who operates an | ||||||
| 6 | establishment, other
than an animal control facility or animal
| ||||||
| 7 | shelter, where cats are maintained for boarding,
training or | ||||||
| 8 | similar purposes for a fee or compensation; or who sells,
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| 9 | offers to sell, exchange, or offers for adoption with or | ||||||
| 10 | without charges
cats which he has produced and raised. A person | ||||||
| 11 | who owns, has possession
of, or harbors 5 or
less females | ||||||
| 12 | capable of reproduction shall not be considered a
cattery | ||||||
| 13 | operator.
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| 14 | "Animal control facility" means any facility operated by or
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| 15 | under contract for the State,
county, or any municipal | ||||||
| 16 | corporation or political subdivision of the State
for the | ||||||
| 17 | purpose of impounding or harboring seized, stray, homeless,
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| 18 | abandoned or unwanted dogs, cats, and other animals. "Animal | ||||||
| 19 | control
facility" also means any
veterinary hospital or clinic | ||||||
| 20 | operated by a veterinarian or veterinarians
licensed under the | ||||||
| 21 | Veterinary Medicine and Surgery Practice Act of 2004 which
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| 22 | operates for the above mentioned purpose in addition to its | ||||||
| 23 | customary purposes.
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| 24 | "Animal shelter" means a facility operated, owned, or | ||||||
| 25 | maintained by a duly
incorporated humane society, animal | ||||||
| 26 | welfare society, or other non-profit
organization for the | ||||||
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| |||||||
| 1 | purpose of providing for and promoting the welfare,
protection, | ||||||
| 2 | and humane treatment of animals. "Animal shelter" also means | ||||||
| 3 | any
veterinary hospital or clinic operated by a veterinarian or | ||||||
| 4 | veterinarians
licensed under the Veterinary Medicine and | ||||||
| 5 | Surgery Practice Act of 2004 which
operates for the above | ||||||
| 6 | mentioned purpose in addition to its customary purposes.
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| 7 | "Foster home" means an entity that accepts the | ||||||
| 8 | responsibility for
stewardship of animals that are the | ||||||
| 9 | obligation of an animal shelter, not to
exceed 4 animals at any | ||||||
| 10 | given time. Permits to operate as a "foster home"
shall be | ||||||
| 11 | issued through the animal shelter or animal control facility.
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| 12 | "Guard dog service" means an entity that, for a fee, | ||||||
| 13 | furnishes or leases
guard or sentry dogs for the protection of | ||||||
| 14 | life or property. A person
is not a guard dog service solely | ||||||
| 15 | because he or she owns a dog and uses it to
guard his or her | ||||||
| 16 | home, business, or farmland.
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| 17 | "Guard dog" means a type of dog used primarily for the | ||||||
| 18 | purpose of defending,
patrolling, or protecting property or | ||||||
| 19 | life at a commercial establishment
other than a farm. "Guard | ||||||
| 20 | dog" does not include stock dogs used primarily for
handling | ||||||
| 21 | and controlling livestock or farm animals, nor does it include
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| 22 | personally owned pets that also provide security.
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| 23 | "Sentry dog" means a dog trained to work without | ||||||
| 24 | supervision in a fenced
facility other than a farm, and to | ||||||
| 25 | deter or detain unauthorized persons found
within the facility.
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| 26 | "Probationary status" means the 12-month period following | ||||||
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| 1 | a series of violations of this Act during which any further | ||||||
| 2 | violation shall result in an automatic 12-month suspension of | ||||||
| 3 | licensure.
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| 4 | "Owner" means any person having a right of property in an | ||||||
| 5 | animal, who keeps or harbors an animal, who has an animal in | ||||||
| 6 | his or her care or acts as its custodian, or who knowingly | ||||||
| 7 | permits a dog to remain on any premises occupied by him or her. | ||||||
| 8 | "Owner" does not include a feral cat caretaker participating in | ||||||
| 9 | a trap, spay/neuter, return or release program. | ||||||
| 10 | (Source: P.A. 99-310, eff. 1-1-16.)
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| 11 | (225 ILCS 605/3.2)
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| 12 | Sec. 3.2. Foster homes. A person shall not operate a foster | ||||||
| 13 | home without
first obtaining a permit from the animal shelter | ||||||
| 14 | or animal control facility for which that person will
operate | ||||||
| 15 | the foster home. Upon application and payment of the required | ||||||
| 16 | fees by
the animal shelter, the Department shall issue foster | ||||||
| 17 | home permits to the
animal shelter. The animal shelter shall be | ||||||
| 18 | responsible for the records and
have all the obligations of | ||||||
| 19 | stewardship for animals in the foster homes to
which it issues | ||||||
| 20 | permits.
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| 21 | Foster homes shall provide the care for animals
required by | ||||||
| 22 | this Act and shall report any deviation that might affect the
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| 23 | status of the license or permit to the animal shelter.
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| 24 | A foster home shall not care for more than 4 animals at any | ||||||
| 25 | one time.
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| 1 | (Source: P.A. 89-178, eff. 7-19-95.)
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| 2 | (225 ILCS 605/3.4) | ||||||
| 3 | Sec. 3.4. Transfer of animals between shelters. An animal | ||||||
| 4 | shelter or animal control facility may not release any animal | ||||||
| 5 | to an individual representing an animal shelter or animal | ||||||
| 6 | control facility, unless (1) the recipient animal shelter or | ||||||
| 7 | animal control facility has been licensed or has a foster care | ||||||
| 8 | permit issued by the Department or (2) the individual is a | ||||||
| 9 | representative of a not-for-profit, out-of-State organization | ||||||
| 10 | or out-of-State animal control facility or animal shelter who | ||||||
| 11 | is transferring the animal out of the State of Illinois.
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| 12 | (Source: P.A. 99-310, eff. 1-1-16.)
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| 13 | (225 ILCS 605/3.6) | ||||||
| 14 | Sec. 3.6. Acceptance of stray dogs and cats. | ||||||
| 15 | (a) No animal shelter may accept a stray dog or cat unless | ||||||
| 16 | the animal is reported by the shelter to the animal control or | ||||||
| 17 | law enforcement of the county in which the animal is found by | ||||||
| 18 | the next business day. An animal shelter may accept animals | ||||||
| 19 | from: (1) the owner of the animal where the owner signs a | ||||||
| 20 | relinquishment form which states he or she is the owner of the | ||||||
| 21 | animal; (2) an animal shelter licensed under this Act; or (3) | ||||||
| 22 | an out-of-state animal control facility, rescue group, or | ||||||
| 23 | animal shelter that is duly licensed in their state or is a | ||||||
| 24 | not-for-profit organization. | ||||||
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| 1 | (b) When stray dogs and cats are accepted by an animal | ||||||
| 2 | shelter, they must be scanned for the presence of a microchip | ||||||
| 3 | and examined for other currently-acceptable methods of | ||||||
| 4 | identification, including, but not limited to, identification | ||||||
| 5 | tags, tattoos, and rabies license tags. The examination for | ||||||
| 6 | identification shall be done within 24 hours after the intake | ||||||
| 7 | of each dog or cat. The animal shelter shall notify the owner | ||||||
| 8 | and transfer any dog with an identified owner to the animal | ||||||
| 9 | control or law enforcement agency in the jurisdiction in which | ||||||
| 10 | it was found or the local animal control agency for redemption. | ||||||
| 11 | (c) If no transfer can occur, the animal shelter shall make | ||||||
| 12 | every reasonable attempt to contact the owner, agent, or | ||||||
| 13 | caretaker as soon as possible. The animal shelter shall give | ||||||
| 14 | notice of not less than 7 business days to the owner, agent, or | ||||||
| 15 | caretaker prior to disposal of the animal. The notice shall be | ||||||
| 16 | mailed to the last known address of the owner, agent, or | ||||||
| 17 | caretaker. Testimony of the animal shelter, or its authorized | ||||||
| 18 | agent, who mails the notice shall be evidence of the receipt of | ||||||
| 19 | the notice by the owner, agent, or caretaker of the animal. A | ||||||
| 20 | mailed notice shall remain the primary means of owner, agent, | ||||||
| 21 | or caretaker contact; however, the animal shelter shall also | ||||||
| 22 | attempt to contact the owner, agent, or caretaker by any other | ||||||
| 23 | contact information, such as by telephone or email address, | ||||||
| 24 | provided by the microchip or other method of identification | ||||||
| 25 | found on the dog or cat. If the dog or cat has been | ||||||
| 26 | microchipped and the primary contact listed by the chip | ||||||
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| 1 | manufacturer cannot be located or refuses to reclaim the dog or | ||||||
| 2 | cat, an attempt shall be made to contact any secondary contacts | ||||||
| 3 | listed by the chip manufacturer or the purchaser of the | ||||||
| 4 | microchip if the purchaser is a nonprofit organization, animal | ||||||
| 5 | shelter, animal control facility, or veterinarian facility | ||||||
| 6 | prior to adoption, transfer, or euthanization. Prior to | ||||||
| 7 | transferring any stray dog or cat to another humane shelter, | ||||||
| 8 | pet store, rescue group, or euthanization, the dog or cat shall | ||||||
| 9 | be scanned again for the presence of a microchip and examined | ||||||
| 10 | for other means of identification. If a second scan provides | ||||||
| 11 | the same identifying information as the initial intake scan and | ||||||
| 12 | the owner, agent, or caretaker has not been located or refuses | ||||||
| 13 | to reclaim the dog or cat, the animal shelter may proceed with | ||||||
| 14 | adoption, transfer, or euthanization. | ||||||
| 15 | (d) When stray dogs and cats are accepted by an animal | ||||||
| 16 | shelter and no owner can be identified, the shelter shall hold | ||||||
| 17 | the animal for the period specified in local ordinance prior to | ||||||
| 18 | adoption, transfer, or euthanasia. The animal shelter shall | ||||||
| 19 | allow access to the public to view the animals housed there. If | ||||||
| 20 | a dog is identified by an owner who desires to make redemption | ||||||
| 21 | of it, the dog shall be transferred to the local animal control | ||||||
| 22 | for redemption. If no transfer can occur, the animal shelter | ||||||
| 23 | shall proceed pursuant to Section 3.7. Upon lapse of the hold | ||||||
| 24 | period specified in local ordinance and no owner can be | ||||||
| 25 | identified, ownership of the animal, by operation of law, | ||||||
| 26 | transfers to the shelter that has custody of the animal. | ||||||
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| 1 | (e) No representative of an animal shelter may enter | ||||||
| 2 | private property and remove an animal without permission from | ||||||
| 3 | the property owner and animal owner, nor can any representative | ||||||
| 4 | of an animal shelter direct another individual to enter private | ||||||
| 5 | property and remove an animal unless that individual is an | ||||||
| 6 | approved humane investigator (approved by the Department) | ||||||
| 7 | operating pursuant to the provisions of the Humane Care for | ||||||
| 8 | Animals Act. | ||||||
| 9 | (f) Nothing in this Section limits an animal shelter and an | ||||||
| 10 | animal control facility who, through mutual agreement, wish to | ||||||
| 11 | enter into an agreement for animal control, boarding, holding, | ||||||
| 12 | measures to improve life-saving, or other services provided | ||||||
| 13 | that the agreement requires parties adhere to the provisions of | ||||||
| 14 | the Animal Control Act, the Humane Euthanasia in Animal | ||||||
| 15 | Shelters Act, and the Humane Care for Animals Act.
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| 16 | (Source: P.A. 99-310, eff. 1-1-16; 100-322, eff. 8-24-17.)
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| 17 | (225 ILCS 605/7) (from Ch. 8, par. 307)
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| 18 | Sec. 7.
Applications for renewal licenses shall be made to | ||||||
| 19 | the
Department, shall be in writing on forms prescribed by the
| ||||||
| 20 | Department, shall contain such information as will enable the | ||||||
| 21 | Department
to determine if the applicant is qualified to | ||||||
| 22 | continue to hold a license, shall report intake and outcome | ||||||
| 23 | statistics from the previous calendar year, and shall be | ||||||
| 24 | accompanied by the required fee, which shall not be
returnable. | ||||||
| 25 | The report of intake and outcome statistics shall include the | ||||||
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| 1 | following:
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| 2 | (1) The total number of dogs, cats and other animals, | ||||||
| 3 | divided into species, taken in by the animal shelter or animal | ||||||
| 4 | control facility, in the following categories: | ||||||
| 5 | (A) surrendered by owner; | ||||||
| 6 | (B) stray; | ||||||
| 7 | (C) impounded; | ||||||
| 8 | (D) confiscated; | ||||||
| 9 | (E) transfer from other licensees within the State; | ||||||
| 10 | (F) transferred into or imported from out of the state; | ||||||
| 11 | (G) transferred into or imported from outside the | ||||||
| 12 | country; and | ||||||
| 13 | (H) born in shelter. | ||||||
| 14 | (2) The disposition of all dogs, cats, and other animals | ||||||
| 15 | taken in by the animal shelter or animal control facility, | ||||||
| 16 | divided into species. This data must include dispositions by: | ||||||
| 17 | (A) reclamation by owner; | ||||||
| 18 | (B) adopted or sold; | ||||||
| 19 | (C) euthanized; | ||||||
| 20 | (D) euthanized per request of the owner; | ||||||
| 21 | (E) died in custody; | ||||||
| 22 | (F) transferred to another licensee; | ||||||
| 23 | (G) transferred to an out-of-State nonprofit agency; | ||||||
| 24 | (H) animals missing, stolen, or escaped; | ||||||
| 25 | (I) animals released in field; trapped, neutered, | ||||||
| 26 | released; and | ||||||
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| 1 | (J) ending inventory; shelter count at end of the last | ||||||
| 2 | day of the year. | ||||||
| 3 | (Source: P.A. 81-198.)
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| 4 | (225 ILCS 605/7.1 new) | ||||||
| 5 | Sec. 7.1. Department reporting. The Department shall post | ||||||
| 6 | on its website, the name and address of each licensed animal | ||||||
| 7 | control facility or animal shelter and all the reported intake | ||||||
| 8 | and outcome statistics in paragraphs (1) and (2) of Section 7 | ||||||
| 9 | of this Act.
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| 10 | Section 10. The Animal Control Act is amended by changing | ||||||
| 11 | Sections 5 and 11 as follows:
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| 12 | (510 ILCS 5/5) (from Ch. 8, par. 355)
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| 13 | Sec. 5. Duties and powers.
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| 14 | (a) It shall be the duty of the Administrator or the Deputy
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| 15 | Administrator, through sterilization,
humane education, rabies
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| 16 | inoculation, stray control, impoundment, quarantine, and any | ||||||
| 17 | other means deemed
necessary, to control and prevent the spread | ||||||
| 18 | of rabies and
to exercise dog and cat overpopulation control. | ||||||
| 19 | It
shall
also be the duty of the Administrator to investigate | ||||||
| 20 | and substantiate all
claims made under Section 19 of this Act. | ||||||
| 21 | The duty may include return, adoption, transfer to rescues or | ||||||
| 22 | other animal shelters, and any other means of ensuring live | ||||||
| 23 | outcomes of homeless dogs and cats and through sterilization, | ||||||
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| |||||||
| 1 | community outreach, impoundment of pets at risk and any other | ||||||
| 2 | humane means deemed necessary to address strays and ensure live | ||||||
| 3 | outcomes for dogs and cats that are not a danger to the | ||||||
| 4 | community or suffering irremediably.
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| 5 | (b) Counties may by ordinance determine the extent of the | ||||||
| 6 | police powers
that may be exercised by the Administrator, | ||||||
| 7 | Deputy Administrators, and Animal
Control Wardens, which
| ||||||
| 8 | powers shall pertain only to this Act. The Administrator, | ||||||
| 9 | Deputy
Administrators, and Animal Control Wardens may issue and | ||||||
| 10 | serve citations and
orders for violations of
this Act. The
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| 11 | Administrator, Deputy Administrators, and Animal Control | ||||||
| 12 | Wardens may not
carry weapons unless they have been
| ||||||
| 13 | specifically authorized to carry weapons by county ordinance. | ||||||
| 14 | Animal Control
Wardens, however, may use tranquilizer guns and | ||||||
| 15 | other nonlethal weapons and
equipment without specific
weapons | ||||||
| 16 | authorization.
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| 17 | A person authorized to carry firearms by county ordinance | ||||||
| 18 | under this
subsection must have completed the training course | ||||||
| 19 | for peace officers
prescribed in the Peace Officer and | ||||||
| 20 | Probation Officer Firearm Training Act. The cost of this
| ||||||
| 21 | training
shall be paid by the county.
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| 22 | (c) The sheriff and all sheriff's deputies and municipal
| ||||||
| 23 | police officers shall cooperate with the Administrator and his | ||||||
| 24 | or her
representatives in carrying out the
provisions of this | ||||||
| 25 | Act.
| ||||||
| 26 | (d) The Administrator and animal control wardens shall aid | ||||||
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| 1 | in the enforcement of the Humane Care for Animals Act and have | ||||||
| 2 | the ability to impound animals and apply for security posting | ||||||
| 3 | for violation of that Act.
| ||||||
| 4 | (Source: P.A. 98-725, eff. 1-1-15.)
| ||||||
| 5 | (510 ILCS 5/11) (from Ch. 8, par. 361)
| ||||||
| 6 | Sec. 11. When not redeemed by the owner, agent, or | ||||||
| 7 | caretaker, a dog or cat must be scanned for a microchip. If a | ||||||
| 8 | microchip is present, the registered owner or chip purchaser if | ||||||
| 9 | the purchaser was a nonprofit organization, animal shelter, | ||||||
| 10 | animal control facility, or veterinarian facility must be | ||||||
| 11 | notified. After contact has been made or attempted, dogs or | ||||||
| 12 | cats deemed adoptable by the animal control facility shall be | ||||||
| 13 | offered for adoption, or made available to a licensed humane | ||||||
| 14 | society or rescue group. If no placement is available, the | ||||||
| 15 | animal may it shall be
humanely dispatched pursuant to the | ||||||
| 16 | Humane Euthanasia in Animal Shelters
Act. An animal pound
or | ||||||
| 17 | animal shelter shall not adopt or release any dog or cat to | ||||||
| 18 | anyone other than the owner unless the animal has been rendered | ||||||
| 19 | incapable of
reproduction
and microchipped, or the person | ||||||
| 20 | wishing to adopt
an animal prior
to the surgical procedures | ||||||
| 21 | having been performed shall have executed a written
agreement | ||||||
| 22 | promising to have such service performed, including
| ||||||
| 23 | microchipping, within
a specified period
of time not to exceed | ||||||
| 24 | 30 days. Failure to fulfill the terms of the
agreement shall | ||||||
| 25 | result in
seizure and impoundment of the animal and any | ||||||
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| |||||||
| 1 | offspring by the animal pound or shelter, and
any monies which | ||||||
| 2 | have been deposited shall be forfeited and submitted to the | ||||||
| 3 | county Pet Population Control Fund on a yearly basis. This Act | ||||||
| 4 | shall not
prevent humane societies or animal shelters from | ||||||
| 5 | engaging in activities set forth by their
charters; provided, | ||||||
| 6 | they are not inconsistent with provisions of this Act
and other | ||||||
| 7 | existing laws. No animal shelter or animal control facility | ||||||
| 8 | shall
release dogs or cats to an individual representing a | ||||||
| 9 | rescue group, unless the
group has been licensed or has a | ||||||
| 10 | foster care permit issued by the Illinois Department of | ||||||
| 11 | Agriculture or
is a representative of a not-for-profit | ||||||
| 12 | out-of-state organization, animal shelter, or animal control | ||||||
| 13 | facility. The Department may suspend or
revoke the license of
| ||||||
| 14 | any animal shelter or animal control facility that fails to | ||||||
| 15 | comply with the
requirements set forth in this Section or that | ||||||
| 16 | fails to report its intake and euthanasia statistics each year.
| ||||||
| 17 | (Source: P.A. 94-639, eff. 8-22-05; 95-550, eff. 6-1-08.)".
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