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1 (510 ILCS 5/15.3)
2 Sec. 15.3. Dangerous dog; appeal.
3 (a) The owner of a dog found to be a dangerous dog pursuant
4 to this Act by an Administrator may file a complaint against
5 the Administrator in the circuit court within 35 days of
6 receipt of notification of the determination, for a de novo
7 hearing on the determination. The proceeding shall be conducted
8 as a civil hearing pursuant to the Illinois Rules of Evidence
9 and the Code of Civil Procedure, including the discovery
10 provisions. After hearing both parties' evidence, the court may
11 make a determination of dangerous dog if the Administrator
12 meets his or her burden of proof of clear and convincing
13 evidence, except that if the dog is of a scheduled dog breed
14 there shall be a mandatory presumption that the dog is a member
15 of a dangerous dog breed and that membership shall be
16 considered as a factor in the determination of the dog as a
17 dangerous dog. The final order of the circuit court may be
18 appealed pursuant to the civil appeals provisions of the
19 Illinois Supreme Court Rules.
20 (b) The owner of a dog found to be a dangerous dog pursuant
21 to this Act by the Director may, within 14 days of receipt of
22 notification of the determination, request an administrative
23 hearing to appeal the determination. The administrative
24 hearing shall be conducted pursuant to the Department of
25 Agriculture's rules applicable to formal administrative
26 proceedings, 8 Ill. Adm. Code Part 1, SubParts A and B. An
27 owner desiring a hearing shall make his or her request for a
28 hearing to the Illinois Department of Agriculture. The final
29 administrative decision of the Department may be reviewed
30 judicially by the circuit court of the county wherein the
31 person resides or, in the case of a corporation, the county
32 where its registered office is located. If the plaintiff in a
33 review proceeding is not a resident of Illinois, the venue
34 shall be in Sangamon County. The Administrative Review Law and
35 all amendments and modifications thereof, and the rules adopted
36 thereto, apply to and govern all proceedings for the judicial
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1 review of final administrative decisions of the Department
2 hereunder. In any hearing or review under this subsection,
3 there shall be a mandatory presumption that if the dog is of a
4 scheduled dog breed, then the dog is a member of a dangerous
5 dog breed and that membership shall be considered as a factor
6 in the determination of the dog as a dangerous dog.
7 (c) Until the order has been reviewed and at all times
8 during the appeal process, the owner shall comply with the
9 requirements set forth by the Administrator, the court, or the
10 Director.
11 (d) At any time after a final order has been entered, the
12 owner may petition the circuit court to reverse the designation
13 of dangerous dog.
14 (Source: P.A. 93-548, eff. 8-19-03.)
15 (510 ILCS 5/24) (from Ch. 8, par. 374)
16 Sec. 24. Nothing in this Act shall be held to limit in any
17 manner the power of any municipality or other political
18 subdivision to prohibit animals from running at large, nor
19 shall anything in this Act be construed to, in any manner,
20 limit the power of any municipality or other political
21 subdivision to further control and regulate dogs, cats or other
22 animals in such municipality or other political subdivision.
23 With respect to dogs, regulations and ordinances (i) may ban
24 one or more scheduled dog breeds and (ii) may be provided that
25 no regulation or ordinance is specific to breed.
26 (Source: P.A. 93-548, eff. 8-19-03.)
27 (510 ILCS 5/26) (from Ch. 8, par. 376)
28 Sec. 26. (a) Except as otherwise provided in this Act, any
29 Any person violating or aiding in or abetting the violation of
30 any provision of this Act, or counterfeiting or forging any
31 certificate, permit, or tag, or making any misrepresentation in
32 regard to any matter prescribed by this Act, or resisting,
33 obstructing, or impeding the Administrator or any authorized
34 officer in enforcing this Act, or refusing to produce for
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1 inoculation any dog in his possession, or who removes a tag
2 from a dog for purposes of destroying or concealing its
3 identity, is guilty of a Class C misdemeanor for a first
4 offense and for a subsequent offense, is guilty of a Class B
5 misdemeanor.
6 Each day a person fails to comply constitutes a separate
7 offense. Each State's Attorney to whom the Administrator
8 reports any violation of this Act shall cause appropriate
9 proceedings to be instituted in the proper courts without delay
10 and to be prosecuted in the manner provided by law.
11 (b) Through December 31, 2006, if If the owner of a vicious
12 dog subject to enclosure:
13 (1) fails to maintain or keep the dog in an enclosure
14 or fails to spay or neuter the dog within the time period
15 prescribed; and
16 (2) the dog inflicts serious physical injury upon any
17 other person or causes the death of another person; and
18 (3) the attack is unprovoked in a place where such
19 person is peaceably conducting himself or herself and where
20 such person may lawfully be;
21 the owner shall be guilty of a Class 4 felony, unless the owner
22 knowingly allowed the dog to run at large or failed to take
23 steps to keep the dog in an enclosure then the owner shall be
24 guilty of a Class 3 felony. The penalty provided in this
25 paragraph shall be in addition to any other criminal or civil
26 sanction provided by law.
27 (c) If the owner of a dangerous dog knowingly fails to
28 comply with any order regarding the dog and the dog inflicts
29 serious physical injury on a person or a companion animal, the
30 owner shall be guilty of a Class A misdemeanor. Through
31 December 31, 2006, if If the owner of a dangerous dog knowingly
32 fails to comply with any order regarding the dog and the dog
33 kills a person the owner shall be guilty of a Class 4 felony.
34 (Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
35 Section 99. Effective date. This Act takes effect upon___