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| 1 | AN ACT concerning animals.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Domestic Animals Running At Large | ||||||
| 5 | Act is amended by changing Sections 1.1 and 1.2 as follows:
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| 6 | (510 ILCS 55/1.1) (from Ch. 8, par. 1.1)
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| 7 | Sec. 1.1. Definitions. As used in this Act, unless the | ||||||
| 8 | context otherwise requires:
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| 9 | "Livestock", for the purposes of this Act only, means | ||||||
| 10 | bison, cattle, swine, sheep, goats, equidae, camelids, | ||||||
| 11 | ratites, or fowl or geese.
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| 12 | "Owner" means any person who (a) has a right of property in | ||||||
| 13 | an animal,
(b) keeps or harbors an animal, (c) has an animal in | ||||||
| 14 | his care, or (d) acts
as custodian of an animal.
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| 15 | "Person" means any individual, firm, association, | ||||||
| 16 | partnership,
corporation, or other legal entity, any public or | ||||||
| 17 | private institution, the State of
Illinois, or any municipal | ||||||
| 18 | corporation or political subdivision of the State.
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| 19 | "Running at large" or "run at large" means livestock that | ||||||
| 20 | strays from
confinement or restraint and from the limits of the | ||||||
| 21 | owner.
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| 22 | (Source: P.A. 84-28.)
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| 1 | (510 ILCS 55/1.2) (from Ch. 8, par. 1.2)
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| 2 | Sec. 1.2.
A notice of a violation of this Act shall be | ||||||
| 3 | given to the person
or owner of livestock running at
large if | ||||||
| 4 | known and a maximum of 24 hours may be granted in which to make
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| 5 | the necessary corrections if the violation is an accidental | ||||||
| 6 | occurrence and an
investigation reveals no identifiable | ||||||
| 7 | individual at fault. Any livestock
allowed to run at large may | ||||||
| 8 | be impounded at a facility capable of
restraining such | ||||||
| 9 | livestock. A notice of impoundment shall be delivered to
the | ||||||
| 10 | owner of such livestock in person or by certified mail.
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| 11 | Law enforcement officials such as State Police, County | ||||||
| 12 | Sheriffs, or
municipal police officers, animal control | ||||||
| 13 | administrators, animal control officers, or authorized agents | ||||||
| 14 | of the Illinois Department
of Agriculture, or authorized agents | ||||||
| 15 | of the Illinois Department of Natural
Resources, or the owner | ||||||
| 16 | or occupier of land may give notice
and cause stray animals | ||||||
| 17 | which trespass to be impounded.
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| 18 | The person or persons having stray livestock impounded | ||||||
| 19 | shall make every
reasonable effort to notify the owner or | ||||||
| 20 | keeper of the impounded livestock
where such livestock is | ||||||
| 21 | impounded.
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| 22 | The person or persons requesting impoundment shall be held | ||||||
| 23 | harmless of
any liability for injury to or for any financial | ||||||
| 24 | responsibility for such
animals.
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| 25 | Stray animals may be impounded at any public stockyards, | ||||||
| 26 | livestock
auction markets or any other facilities willing to | ||||||
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| 1 | accept such animals for
impoundment. The impounding facility | ||||||
| 2 | and its owner or owners shall not be
held liable for any injury | ||||||
| 3 | or accrue any financial responsibility for such
impounded | ||||||
| 4 | animals.
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| 5 | Any expense incurred in such impoundment shall become a | ||||||
| 6 | lien on the
livestock impounded and must be discharged before | ||||||
| 7 | the livestock are released
from the facility. The livestock may | ||||||
| 8 | be released to the owner prior
to the expiration of the | ||||||
| 9 | impoundment period if impoundment costs are
satisfied and the | ||||||
| 10 | owner provides evidence that he is capable of
restraining the | ||||||
| 11 | livestock from running at large. If the owner refuses or
fails | ||||||
| 12 | to provide such restraints, or the impounded animals are not | ||||||
| 13 | claimed
and incurred costs paid within the period of | ||||||
| 14 | impoundment,
such animals shall be sold either at a public | ||||||
| 15 | auction, or through a public
stockyard or a livestock auction | ||||||
| 16 | market, offered for adoption, or humanely euthanized in | ||||||
| 17 | accordance with this Section. Before any livestock can be sold, | ||||||
| 18 | offered for adoption, or humanely euthanized
as herein | ||||||
| 19 | provided, the person requesting the impoundment shall have
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| 20 | published notice of the intended sale, adoption, or | ||||||
| 21 | euthanization thereof in a newspaper of general
circulation in | ||||||
| 22 | the area where the
impounded animals were found to be running | ||||||
| 23 | at large. If the impounded
livestock is not claimed within 10 | ||||||
| 24 | days after the date of publication of
such notice, the | ||||||
| 25 | livestock may be sold, offered for adoption, or humanely | ||||||
| 26 | euthanized in accordance with this Section. The proceeds of the | ||||||
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| 1 | sale shall
be applied first to discharge the lien and costs | ||||||
| 2 | associated with the sale of the livestock, and any balance | ||||||
| 3 | shall be paid to
the owner. If any court of competent | ||||||
| 4 | jurisdiction issues any order
concerning any impounded animal, | ||||||
| 5 | such animal shall immediately pass to the
jurisdiction and | ||||||
| 6 | possession of the court bailiff of the jurisdiction in which
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| 7 | the order was issued.
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| 8 | If the lien and costs of the associated sale of the | ||||||
| 9 | livestock is determined to exceed the expected value of the | ||||||
| 10 | animal, then the animal may be deemed adoptable by the animal | ||||||
| 11 | control facility and may be offered for adoption. If no such | ||||||
| 12 | placement is available, then the animal may be humanely | ||||||
| 13 | euthanized. | ||||||
| 14 | (Source: P.A. 89-445, eff. 2-7-96.)
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| 15 | Section 99. Effective date. This Act takes effect upon | ||||||
| 16 | becoming law.
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