There is a newer version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 605/ Animal Welfare Act.
(225 ILCS 605/1) (from Ch. 8, par. 301)
Sec. 1.
This Act shall be known and may be cited as the Animal Welfare Act.
(Source: P.A. 78‑900.)
|
(225 ILCS 605/2) (from Ch. 8, par. 302)
Sec. 2.
Definitions.
As used in this Act unless the context otherwise
requires:
"Department" means the Illinois Department of Agriculture.
"Director" means the Director of the Illinois Department of Agriculture.
"Pet shop operator" means any person who sells, offers to sell,
exchange, or offers for adoption with or without charge or donation dogs,
cats, birds, fish, reptiles, or other animals customarily obtained as pets
in this State. However, a person who sells only such animals that he has
produced and raised shall not be considered a pet shop operator under this
Act, and a veterinary hospital or clinic operated by a veterinarian or
veterinarians licensed under the Veterinary Medicine and Surgery Practice
Act of 2004 shall not be considered a pet shop operator under this
Act.
"Dog dealer" means any person who sells, offers to sell, exchange, or
offers for adoption with or without charge or donation dogs in this State.
However, a person who sells only dogs that he has produced and raised shall
not be considered a dog dealer under this Act, and a veterinary hospital or
clinic operated by a veterinarian or veterinarians licensed under the
Veterinary Medicine and Surgery Practice Act of 2004
shall not be considered a dog dealer under this Act.
"Secretary of Agriculture" or "Secretary" means the Secretary of
Agriculture of the United States Department of Agriculture.
"Person" means any person, firm, corporation, partnership, association
or other legal entity, any public or private institution, the State of
Illinois, or any municipal corporation or political subdivision of the
State.
"Kennel operator" means any person who operates an establishment, other
than an animal control facility, veterinary hospital, or animal
shelter, where dogs or dogs and cats are maintained
for boarding, training or similar purposes for a fee or compensation; or
who sells, offers to sell, exchange, or offers for adoption with or without
charge dogs or dogs and cats which he has produced and raised. A person who
owns, has possession of, or harbors 5 or less
females capable of reproduction shall not be considered a kennel
operator.
"Cattery operator" means any person who operates an establishment, other
than an animal control facility or animal
shelter, where cats are maintained for boarding,
training or similar purposes for a fee or compensation; or who sells,
offers to sell, exchange, or offers for adoption with or without charges
cats which he has produced and raised. A person who owns, has possession
of, or harbors 5 or
less females capable of reproduction shall not be considered a
cattery operator.
"Animal control facility" means any facility operated by or
under contract for the State,
county, or any municipal corporation or political subdivision of the State
for the purpose of impounding or harboring seized, stray, homeless,
abandoned or unwanted dogs, cats, and other animals. "Animal control
facility" also means any
veterinary hospital or clinic operated by a veterinarian or veterinarians
licensed under the Veterinary Medicine and Surgery Practice Act of 2004 which
operates for the above mentioned purpose in addition to its customary purposes.
"Animal shelter" means a facility operated, owned, or maintained by a duly
incorporated humane society, animal welfare society, or other non‑profit
organization for the purpose of providing for and promoting the welfare,
protection, and humane treatment of animals. "Animal shelter" also means any
veterinary hospital or clinic operated by a veterinarian or veterinarians
licensed under the Veterinary Medicine and Surgery Practice Act of 2004 which
operates for the above mentioned purpose in addition to its customary purposes.
"Foster home" means an entity that accepts the responsibility for
stewardship of animals that are the obligation of an animal shelter, not to
exceed 4 animals at any given time. Permits to operate as a "foster home"
shall be issued through the animal shelter.
"Guard dog service" means an entity that, for a fee, furnishes or leases
guard or sentry dogs for the protection of life or property. A person
is not a guard dog service solely because he or she owns a dog and uses it to
guard his or her home, business, or farmland.
"Guard dog" means a type of dog used primarily for the purpose of defending,
patrolling, or protecting property or life at a commercial establishment
other than a farm. "Guard dog" does not include stock dogs used primarily for
handling and controlling livestock or farm animals, nor does it include
personally owned pets that also provide security.
"Sentry dog" means a dog trained to work without supervision in a fenced
facility other than a farm, and to deter or detain unauthorized persons found
within the facility.
(Source: P.A. 93‑281, eff. 12‑31‑03.)
|
(225 ILCS 605/2.1) (from Ch. 8, par. 302.1)
Sec. 2.1.
The Department may cooperate with the Secretary of Agriculture in
carrying out Public Law 89‑544, entitled, "An Act to authorize the
Secretary of Agriculture to regulate the transportation, sale, and handling
of dogs, cats, and certain other animals intended to be used for purposes
of research or experimentation, and for other purposes", and the rules
and regulations issued by the Secretary under that Act. The Director may
promulgate regulations to facilitate the cooperation, and to avoid any
unnecessary duplication or any conflict of activities by the Department and
the Secretary in regulating the activities or areas covered by this Act and
Public Law 89‑544. The regulations may be in addition to other regulations
authorized by this Act.
(Source: Laws 1967, p. 3079.)
|
(225 ILCS 605/2.2) (from Ch. 8, par. 302.2)
Sec. 2.2.
No dog dealer, kennel operator, or cattery operator shall
separate a puppy or kitten from its mother, for the
purpose of sale, until such puppy or kitten has attained the age of 8
weeks.
All licensees under this Act shall maintain records of
the origin and sale of all dogs, and such records shall be made available for
inspection by the Secretary or the Department upon demand. Such records
must contain proof in proper form of purebreds and their pedigree, and evidence
of such proof must be provided to any person acquiring a dog from a licensee
under this Act. In addition, guard dog services shall be
required to maintain records of transfer of ownership, death, or disappearance
of a guard dog or sentry dog used by that guard dog service.
(Source: P.A. 89‑178, eff. 7‑19‑95.)
|
(225 ILCS 605/3) (from Ch. 8, par. 303)
Sec. 3.
No person shall engage in business as a pet shop operator, dog
dealer, kennel operator, cattery operator,
or operate a guard dog service, an animal control
facility or animal shelter or
any combination thereof, in this State without a license therefor issued by
the Department. Only one license shall be required for any combination of
businesses at one location, except that a separate license shall be required
to operate a guard dog service. Guard dog services that are located outside
this State but provide services within this State are required to obtain a
license from the Department. Out‑of‑state guard dog services are required to
comply with the requirements of this Act with regard to guard dogs and sentry
dogs transported to or used within this State.
(Source: P.A. 89‑178, eff. 7‑19‑95.)
|
(225 ILCS 605/3.1) (from Ch. 8, par. 303.1)
Sec. 3.1.
Information on dogs and cats for sale.
Every pet shop
operator, dog dealer, and cattery operator shall provide the following
information for every dog or cat available for sale:
(a) The age, sex, and weight of the animal.
(b) The breed of the animal.
(c) A record of vaccinations and veterinary care and treatment.
(d) A record of surgical sterilization or lack of surgical sterilization.
(e) The name and address of the breeder of the animal.
(f) The name and address of any other person who owned or harbored the
animal between its birth and the point of sale.
(Source: P.A. 87‑819.)
|
(225 ILCS 605/3.2)
Sec. 3.2.
Foster homes.
A person shall not operate a foster home without
first obtaining a permit from the animal shelter for which that person will
operate the foster home. Upon application and payment of the required fees by
the animal shelter, the Department shall issue foster home permits to the
animal shelter. The animal shelter shall be responsible for the records and
have all the obligations of stewardship for animals in the foster homes to
which it issues permits.
Foster homes shall provide the care for animals
required by this Act and shall report any deviation that might affect the
status of the license or permit to the animal shelter.
A foster home shall not care for more than 4 animals at any one time.
(Source: P.A. 89‑178, eff. 7‑19‑95.)
|
(225 ILCS 605/5) (from Ch. 8, par. 305)
Sec. 5.
Applications by individuals for original licenses shall be made to
the Department, shall be in writing on forms prescribed by
the Department and shall be accompanied by the required fee, which shall
not be returnable. Any such application shall require such information
as in the judgment of the Department will enable the Department to pass
on the qualifications of the applicant for a license. It shall include,
but need not be limited to information concerning age, citizenship,
present residence, location of the business licensed under this Act,
including the location of all foster homes,
description of facilities to be used, present and previous business
connections and experience, bank and professional references, whether
any license of the applicant under this Act or any federal, state,
county or local law, ordinance or regulation, relating to dealing in or
handling dogs or cats, ever was suspended or revoked and whether the
applicant ever has been convicted of a felony. Such felony conviction
may be taken into consideration by the Department in determining
qualifications for licensing but shall not operate as a bar to
licensing.
(Source: P.A. 89‑178, eff. 7‑19‑95.)
|
(225 ILCS 605/6) (from Ch. 8, par. 306)
Sec. 6.
Applications by partnerships or corporations for original
licenses shall be made to the Department, shall be in writing on forms prescribed
by the Department and shall be accompanied by
the required fee, which shall not be returnable. Any such application
shall list, but need not be limited to, the name of each partner, if a
partnership, each director and officer, if a corporation, its address,
its financial resources, and shall indicate and list the partners,
directors or officers, as the case may be, or other persons authorized
to represent or act for it under this Act.
(Source: P.A. 81‑198.)
|
(225 ILCS 605/6.5)
Sec. 6.5.
Termination of application; forfeiture of license fee.
Failure
of any applicant to meet all of the requirements for compliance within 60 days
of receipt of a license application shall result in termination of the
application and forfeiture of the license fee.
(Source: P.A. 90‑385, eff. 8‑15‑97; 90‑403, eff. 8‑15‑97.)
|
(225 ILCS 605/7) (from Ch. 8, par. 307)
Sec. 7.
Applications for renewal licenses shall be made to the
Department, shall be in writing on forms prescribed by the
Department, shall contain such information as will enable the Department
to determine if the applicant is qualified to continue to hold a license
and shall be accompanied by the required fee, which shall not be
returnable.
(Source: P.A. 81‑198.)
|
(225 ILCS 605/8) (from Ch. 8, par. 308)
Sec. 8.
Each non‑resident applicant for an original license or renewal
license, except a foreign corporation, shall file with the Department an
irrevocable consent that actions against the applicant may be filed in any
appropriate court of any county or municipality of this State in which the
plaintiff resides or in which some part of the transaction occurred out of
which the alleged cause of action arose and that process in any action may
be served on the applicant by leaving 2 copies thereof with the Director.
Such consent shall stipulate and agree that such service of process shall
be taken and held to be valid and binding for all purposes. The Director
shall send forthwith one copy of such process to the applicant at the
address shown on the records of the Department by registered mail. No
foreign corporation shall receive a license under this Act until it has
been authorized to do business in this State by the Secretary of State.
(Source: Laws 1965, p. 2956.)
|
(225 ILCS 605/9) (from Ch. 8, par. 309)
Sec. 9.
Each license shall be issued for the term of one fiscal year or for such
part thereof as remains at the time of the issuance of the license. Each
license shall be renewed during the month of June of each year. Each
license not renewed during June of each year shall expire on June 30 of
that year.
A license must be prominently displayed at each place of business of the
licensee. Where the licensee conducts business at more than one address,
branch office licenses shall be issued on payment of the required fee.
Each license shall be signed by the Director of the Department and shall
be issued under the seal of the Department.
(Source: P.A. 79‑997.)
|
(225 ILCS 605/10) (from Ch. 8, par. 310)
Sec. 10.
Grounds for discipline.
The Department may refuse to issue or
renew or may suspend or
revoke a license on any one or more of the following grounds:
a. Material misstatement in the application for original license or in
the application for any renewal license under this Act;
b. A violation of this Act or of any regulations
or
rules issued pursuant thereto;
c. Aiding or abetting another in the violation of this Act or
of any regulation or rule issued pursuant thereto;
d. Allowing one's license under this Act to be used by an unlicensed
person;
e. Conviction of any crime an essential element of which is
misstatement, fraud or dishonesty or conviction of any felony, if the
Department determines, after investigation, that such person has not been
sufficiently rehabilitated to warrant the public trust;
f. Conviction of a violation of any law of Illinois except minor
violations such as traffic violations and violations not related to the
disposition of dogs, cats and other animals or any rule or regulation of
the Department relating to dogs or cats and sale thereof;
g. Making substantial misrepresentations or false promises of a
character likely to influence, persuade or induce in connection with the
business of a licensee under this Act;
h. Pursuing a continued course of misrepresentation of or making false
promises through advertising, salesman, agents or otherwise in connection
with the business of a licensee under this Act;
i. Failure to possess the necessary qualifications or to meet the
requirements of the Act for the issuance or holding a license; or
j. Proof that the licensee is guilty of gross negligence,
incompetency, or cruelty with regard to animals.
The Department may refuse to issue or may suspend the license
of any person who fails to file a return, or to pay the tax, penalty or
interest shown in a filed return, or to pay any final assessment of tax,
penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
The Department may order any licensee to cease operation for a period not
to exceed 72 hours to correct deficiencies in order to meet licensing
requirements.
(Source: P.A. 89‑178, eff. 7‑19‑95; 90‑385, eff. 8‑15‑97; 90‑403, eff.
8‑15‑97.)
|
(225 ILCS 605/11) (from Ch. 8, par. 311)
Sec. 11.
The Department may upon its own motion and shall upon the verified
complaint in writing of any person who has been the recipient of an animal
through purchase, gift or adoption setting forth facts which if proved
would constitute grounds for refusal to issue or renew or for suspension or
revocation of a license under this Act, investigate the actions of any
applicant or any person or persons holding or claiming to hold a license.
The Department shall, before refusing to issue or renew, and before
suspension or revocation of a license, at least 10 days prior to the date
set for the hearing, notify in writing the applicant for or holder of a
license, hereinafter called the respondent, that a hearing will be held on
the date designated to determine whether the respondent is privileged to
hold such license, and shall afford the respondent an opportunity to be
heard in person or by counsel in reference hereto. Such written notice may
be served by delivery of the same personally to the respondent, or by
mailing the same by registered or certified mail to the place of business
last theretofore specified by the respondent in the last notification to
the Department.
At the time and place fixed in the notice, the Department shall proceed
to hear the charges and both the respondent and the complainant shall be
accorded ample opportunity to present in person or by counsel such
statements, testimony, evidence and argument as may be pertinent to the
charges or to any defense thereto. The Department may continue such hearing
from time to time.
The Department, over the signature of the Director is authorized to
subpoena and bring before the Department any person or persons in this
State and to take testimony either orally or by deposition or by exhibit,
with the same fees and mileage and in the same manner as prescribed by law
in judicial proceedings in civil cases in circuit courts
of this state.
Any authorized agent of the Department may administer oaths to witnesses
at any hearing which the Department is authorized by law to conduct.
(Source: P.A. 83‑338.)
|
(225 ILCS 605/12) (from Ch. 8, par. 312)
Sec. 12.
Record of hearing.
In accordance with Section 10‑35 of
the Illinois Administrative Procedure Act, the Department shall preserve a
record of all proceedings at
the hearing of any case involving refusal to issue or renew a license, or the
suspension or revocation of a license, or the referral of a case for criminal
prosecution. The record of any such proceeding consists of the notice of
hearing, complaint, and all other documents in the nature of pleadings and
written motions filed in the proceedings, the transcript of testimony and
the report and orders of the Department. Copies of the transcript of the
record may be obtained from the Department in accordance
with the Illinois Administrative Procedure Act.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
|
(225 ILCS 605/13) (from Ch. 8, par. 313)
Sec. 13.
In any case involving the refusal to issue or renew a license, or the
suspension or revocation of a license, or the referral of a case for criminal
prosecution, a copy of the Department's report
shall be served upon the respondent, either personally or by registered
or certified mail as provided in this Act, for the service of the notice
of hearing. Within 20 days after such service, the respondent may
present to the Department a motion in writing for a rehearing, which
written motion shall specify the particular grounds therefor. If no
motion for rehearing is filed, then upon the expiration of the time
specified for filing such a motion, or if a motion for rehearing is
denied, then upon such denial, the Director may enter an order in
accordance with recommendations of the report. If the respondent orders
and pays for a transcript of the record within the time for filing a
motion for rehearing, the 20 day period within which such a motion may
be filed shall commence upon the delivery of the transcript to the
respondent.
(Source: P.A. 81‑198.)
|
(225 ILCS 605/14) (from Ch. 8, par. 314)
Sec. 14.
Any circuit court may upon application of the Director or of the
applicant or licensee against whom proceedings under Section 11 of this Act
are pending, enter an order requiring the attendance of witnesses and their
testimony, and the production of documents, papers, files, books and
records in connection with any hearing in any proceedings under that
Section. The court may compel obedience to its order by proceedings for
contempt.
(Source: Laws 1965, p. 2956.)
|
(225 ILCS 605/15) (from Ch. 8, par. 315)
Sec. 15.
Any person affected by a final administrative decision of
the Department may have such decision reviewed judicially by the circuit
court of the county wherein such person resides, or in the case of a
corporation, wherein the registered office is located. If the plaintiff
in the review proceeding is not a resident of this state, the venue
shall be in Sangamon County. The provisions of the Administrative Review
Law, and all amendments and modifications
thereof, and the rules adopted pursuant thereto, shall apply to and
govern all proceedings for the judicial review of final administrative
decisions of the Department hereunder. The term "administrative
decision" is defined as in Section 3‑101 of the Code of Civil Procedure.
The Department shall not be required to certify the record of the
proceeding unless the plaintiff in the review proceedings has purchased
a copy from the certified shorthand reporter who prepared the record. Exhibits
shall be certified without cost.
(Source: P.A. 82‑783.)
|
(225 ILCS 605/16) (from Ch. 8, par. 316)
Sec. 16.
Upon the revocation or suspension of any license, the licensee
shall forthwith surrender the license and any branch office licenses to the
Department, and if the licensee fails to do so, the Department shall have
the right to seize the same.
(Source: Laws 1965, p. 2956.)
|
(225 ILCS 605/18) (from Ch. 8, par. 318)
Sec. 18.
The licensee shall:
a. Maintain sanitary conditions.
b. Insure proper ventilation.
c. Provide adequate nutrition.
d. Provide humane care and treatment of all animals under his
jurisdiction.
e. Take reasonable care to release for sale, trade, or adoption only
those animals which are free of disease, injuries or abnormalities. A
health certificate, meeting the requirements of the Department and issued
by a licensed veterinarian for any such animal within 5 days before such
sale, trade or adoption is prima facie evidence that the licensee has taken
reasonable care, as required by this paragraph.
f. Inspection of the premises of a licensee to determine compliance with
this Act may be made only by the Department.
(Source: P. A. 78‑900.)
|
(225 ILCS 605/18.1)
Sec. 18.1.
Sale or gift of reptiles and other animals.
(a) A pet shop shall not sell a reptile, offer a reptile for sale, or
offer a reptile as a gift or promotional consideration unless a notice
regarding safe reptile‑handling practices that meets the requirements in
subsection (b) is (i) prominently displayed at each location in the pet shop
where reptiles are displayed, housed, or held and (ii) distributed to the
purchaser or recipient.
(b) The notice regarding safe reptile‑handling practices shall be one of the
following:
(1) a notice provided at no charge by the Illinois | ||
|
||
(2) a notice that has the dimensions of at least 8.5 | ||
|
||
(A) "As with many other animals, reptiles carry | ||
|
||
(B) "Always wash your hands thoroughly after you | ||
|
||
(C) "Keep your pet reptile and its equipment out | ||
|
||
(D) "Don't nuzzle or kiss your pet reptile."
(E) "Keep reptiles out of homes where there are | ||
|
||
(F) "Pet reptiles should not be allowed in child | ||
|
||
(G) "Pet reptiles should not be allowed to roam | ||
|
||
(Source: P.A. 91‑741, eff. 1‑1‑01.)
|
(225 ILCS 605/19) (from Ch. 8, par. 319)
Sec. 19.
The Director may issue regulations, consistent with the provisions
of this Act, for the administration and enforcement thereof and may
prescribe forms which shall be used in connection therewith.
(Source: Laws 1965, p. 2956.)
|
(225 ILCS 605/20) (from Ch. 8, par. 320)
Sec. 20.
Any person violating any provision of this Act or any rule,
regulation or order of the Department issued pursuant to this Act is guilty of
a Class C misdemeanor and every day a violation continues constitutes a
separate offense.
(Source: P.A. 89‑178, eff. 7‑19‑95.)
|
(225 ILCS 605/21) (from Ch. 8, par. 321)
Sec. 21.
The following fees shall accompany each application for a license,
which fees shall not be returnable:
a. for an original license to an individual
$25
b. for an original license to a partnership or
corporation
$25
c. for an annual renewal license
$25
d. for each branch office license
$25
e. for the renewal of any license not renewed by
July 1 of the year
$40
f. for a permit for a foster home
$25
g. for renewal of a permit for a foster home
$25
(Source: P.A. 89‑178, eff. 7‑19‑95.)
|
(225 ILCS 605/22) (from Ch. 8, par. 322)
Sec. 22.
All fees and other money received by the Department under this Act shall
be paid into the General Revenue Fund in the State Treasury.
(Source: Laws 1965, p. 2956.)
|
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.