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| Public Act 098-0367 | ||||
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AN ACT concerning animals.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Domestic Animals Running At Large | ||||
Act is amended by changing Sections 1.1, 1.2, and 3.1 as | ||||
follows:
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(510 ILCS 55/1.1) (from Ch. 8, par. 1.1)
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Sec. 1.1. Definitions. As used in this Act, unless the | ||||
context otherwise requires:
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"Livestock", for the purposes of this Act only, means | ||||
bison, cattle, swine, sheep, goats, equidae, camelids, | ||||
ratites, or fowl or geese.
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"Owner" means any person who (a) has a right of property in | ||||
an animal,
(b) keeps or harbors an animal, (c) has an animal in | ||||
his care, or (d) acts
as custodian of an animal.
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"Person" means any individual, firm, association, | ||||
partnership,
corporation, or other legal entity, any public or | ||||
private institution, the State of
Illinois, or any municipal | ||||
corporation or political subdivision of the State.
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"Running at large" or "run at large" means livestock that | ||||
strays from
confinement or restraint and from the limits of the | ||||
owner.
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(Source: P.A. 84-28.)
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(510 ILCS 55/1.2) (from Ch. 8, par. 1.2)
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Sec. 1.2.
A notice of a violation of this Act shall be | ||
given to the person
or owner of livestock running at
large if | ||
known and a maximum of 24 hours may be granted in which to make
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the necessary corrections if the violation is an accidental | ||
occurrence and an
investigation reveals no identifiable | ||
individual at fault. Any livestock
allowed to run at large may | ||
be impounded at a facility capable of
restraining such | ||
livestock. A notice of impoundment shall be delivered to
the | ||
owner of such livestock in person or by certified mail.
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Law enforcement officials such as State Police, County | ||
Sheriffs, or
municipal police officers, animal control | ||
administrators, animal control officers, or authorized agents | ||
of the Illinois Department
of Agriculture, or authorized agents | ||
of the Illinois Department of Natural
Resources, or the owner | ||
or occupier of land may give notice
and cause stray animals | ||
which trespass to be impounded.
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The person or persons having stray livestock impounded | ||
shall make every
reasonable effort to notify the owner or | ||
keeper of the impounded livestock
where such livestock is | ||
impounded.
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The person or persons requesting impoundment shall be held | ||
harmless of
any liability for injury to or for any financial | ||
responsibility for such
animals.
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Stray animals may be impounded at any public stockyards, | ||
livestock
auction markets or any other facilities willing to | ||
accept such animals for
impoundment. The impounding facility | ||
and its owner or owners shall not be
held liable for any injury | ||
or accrue any financial responsibility for such
impounded | ||
animals.
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Any expense incurred in such impoundment shall become a | ||
lien on the
livestock impounded and must be discharged before | ||
the livestock are released
from the facility. The livestock may | ||
be released to the owner prior
to the expiration of the | ||
impoundment period if impoundment costs are
satisfied and the | ||
owner provides evidence that he is capable of
restraining the | ||
livestock from running at large. If the owner refuses or
fails | ||
to provide such restraints, or the impounded animals are not | ||
claimed
and incurred costs paid within the period of | ||
impoundment,
such animals shall be sold either at a public | ||
auction, or through a public
stockyard or a livestock auction | ||
market, offered for adoption, or humanely euthanized in | ||
accordance with this Section. Before any livestock can be sold, | ||
offered for adoption, or humanely euthanized
as herein | ||
provided, the person or court requesting the impoundment shall | ||
have
published notice of the intended sale, adoption, or | ||
euthanization thereof in a newspaper of general
circulation in | ||
the area where the
impounded animals were found to be running | ||
at large. If the impounded
livestock is not claimed within 10 | ||
days after the date of publication of
such notice, the | ||
livestock may be sold, offered for adoption, or humanely | ||
euthanized in accordance with this Section. The proceeds of the | ||
sale shall
be applied first to discharge the lien and costs | ||
associated with the sale of the livestock, and any balance | ||
shall be paid to
the owner. If any court of competent | ||
jurisdiction issues any order
concerning any impounded animal, | ||
such animal shall immediately pass to the
jurisdiction and | ||
possession of the court bailiff of the jurisdiction in which
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the order was issued.
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If the lien and costs of the associated sale of the | ||
livestock is determined to exceed the expected value of the | ||
animal, then the animal may be deemed adoptable by the animal | ||
control facility and may be offered for adoption. If no such | ||
placement is available, then the animal may be humanely | ||
euthanized. | ||
(Source: P.A. 89-445, eff. 2-7-96.)
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(510 ILCS 55/3.1) (from Ch. 8, par. 3.1)
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Sec. 3.1.
Any person who violates this Act shall be guilty | ||
of
a Class C misdemeanor, except a 10th or subsequent violation | ||
of this Act is a Class 4 felony and the court may order the | ||
livestock impounded. Each day of violation shall constitute a | ||
separate offense.
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In the event the person who violates this Act is a | ||
corporation or
partnership, any officer, director, manager or | ||
managerial agent of the
partnership or corporation who violates | ||
this Section or causes the
partnership or corporation to | ||
violate this Section shall be guilty of a
Class C misdemeanor.
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(Source: P.A. 84-28.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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