(A) No person shall be permitted to keep animals in violation of the Illinois Humane Care for Animals Act or the Illinois Animal Welfare Act.
(B) No person or owner may beat, cruelly treat, torment, starve, overwork or otherwise abuse any animal.
(C) No owner may abandon any animal where it may become public charge or may suffer injury, hunger or exposure.
(D) No owner of a dog or cat that is a companion animal may expose the dog or cat in a manner that places the dog or cat in a life-threatening situation for a prolonged period of time in extreme heat or cold conditions that:
(1) Results in injury to or death of the animal; or
(2) Results in hypothermia, hyperthermia, frostbite, or similar conditions as diagnosed by the doctor of veterinary medicine.
(E) Confinement in a motor vehicle. No owner or person shall confine any animal in a motor vehicle in a manner that places it in a life or health threatening situation by exposure to a prolonged period of extreme heat or cold, without proper ventilation or other protection from heat or cold. In order to protect the health and safety of the animal, an animal control officer or law enforcement officer who has probable cause to believe that this section is being violated shall have authority to enter the motor vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or person.
(F) Aggravated cruelty.
(1) No person may intentionally commit an act that causes a companion animal to suffer serious injury or death. Aggravated cruelty does not include euthanasia of a companion animal through recognized methods approved by the Department of Agriculture unless prohibited under division (F)(2) of this section
(2) No individual, except a licensed veterinarian as exempted under 510 ILCS 70/3.09, may knowingly or intentionally euthanize or authorize the euthanasia of a companion animal by use of carbon monoxide.
(3) A person convicted of violating 510 ILCS 70/3.02 is guilty of a Class 4 felony. A second or subsequent violation is a Class 3 felony. In addition to any other penalty provided by law, upon conviction for violating this section, the court may order the convicted person to undergo a psychological or psychiatric evaluation and to undergo any treatment at the convicted person's expense that the court determines to be appropriate after due consideration of the evaluation. If the convicted person is a juvenile or a companion animal hoarder, the court must order the convicted person to undergo a psychological or psychiatric evaluation and to undergo treatment that the court determines to be appropriate after due consideration of the evaluation.
(G) Animal torture.
(1) A person commits animal torture when that person without legal justification knowingly or intentionally tortures an animal. For purposes of this section, and subject to division (B) of this section, TORTURE means infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering, or agony of the animal.
(2) For the purposes of this section, ANIMAL TORTURE does not include any death, harm, or injury caused to any animal by any of the following activities:
(a) Any hunting, fishing, trapping, or other activity allowed under the Wildlife Code, the Wildlife Habitat Management Areas Act, or the Fish and Aquatic Life Code;
(b) Any alteration or destruction of any animal done by any person or unit of government pursuant to statute, ordinance, court order, or the direction of a licensed veterinarian;
(c) Any alteration or destruction of any animal by any person for any legitimate purpose, including, but not limited to: castration, culling, declawing, defanging, ear cropping, euthanasia, gelding, grooming, neutering, polling, shearing, shoeing, slaughtering, spaying, tail docking, and vivisection; and
(d) Any other activity that may be lawfully done to an animal.
(3) A person convicted of violating this section is guilty of a Class 3 felony. As a condition of the sentence imposed under this section, the court shall order the offender to undergo a psychological or psychiatric evaluation and to undergo treatment that the court determines to be appropriate after due consideration of the evaluation.
(H) Depiction of animal cruelty.
(1) No person may knowingly create, sell, market, offer to market or sell, or possess a depiction of animal cruelty. No person may place that depiction in commerce for commercial gain or entertainment. This section does not apply when the depiction has religious, political, scientific, educational, law enforcement or humane investigator training, journalistic, artistic, or historical value; or involves rodeos, sanctioned livestock events, or normal husbandry practices. The creation, sale, marketing, offering to sell or market, or possession of the depiction of animal cruelty is illegal regardless of whether the maiming, mutilation, torture, wounding, abuse, killing, or any other conduct took place in this state.
(2) Any person convicted of violating this section is guilty of a Class A misdemeanor. A second or subsequent violation is a Class 4 felony. In addition to any other penalty provided by law, upon conviction for violating this section, the court may order the convicted person to undergo a psychological or psychiatric evaluation and to undergo any treatment at the convicted person's expense that the court determines to be appropriate after due consideration of the evaluation. If the convicted person is a juvenile, the court shall order the convicted person to undergo a psychological or psychiatric evaluation and to undergo treatment that the court determines to be appropriate after due consideration of the evaluation.
(I) Nothing in this section shall prohibit an animal from being impounded in an emergency situation.
(J) Nothing in this section shall prohibit a law enforcement officer from taking temporary custody of a dog or cat that is a companion animal that is exposed in a manner that places the dog or cat in a life-threatening situation for a prolonged period of time in extreme heat or cold conditions that may result in injury or death of the dog or cat or may result in hypothermia, hyperthermia, frostbite, or similar condition. Upon taking temporary custody of the dog or cat under this division (J), the law enforcement officer shall attempt to contact the owner of the dog or cat and shall seek emergency veterinary care for the animal as soon as available. The law enforcement officer shall leave information of the location of the dog or cat if the owner cannot be reached. The owner of the dog or cat is responsible for any costs of providing care to the dog or cat.
(K) Upon receiving a complaint of suspected violation of this section, any law enforcement official, including the Administrator, Deputy Administrator or animal control officer, may, for the purpose of investigating the allegations of the complaint, enter during normal business hours, upon any premises where the animal or animals described in the complaint are housed or kept, provided entry shall not be made into any building which is a person’s residence, except by search warrant or court order. Institutions operating under federal license to conduct laboratory experimentation, utilizing animals for research or medical purposes are, however, exempt from the provision of this section. State’s attorneys and law enforcement officials shall provide assistance as may be required in the conduct of investigations.
(L) If an investigation under this section discloses that a violation of this chapter has been committed, the County Animal Protection Services may furnish the violator, if known, with a notice of violation, and state what action is necessary to come into compliance with this section. If the animal is in such a condition that no remedy or corrective action by the owner is possible, or if the violator fails or refuses to take corrective action, the County Animal Protection Services may immediately impound the animal. The notice of impoundment shall include the following:
(1) An animal report number;
(2) Listing of deficiencies noted;
(3) An accurate description of the animal or animals involved;
(4) Date on which the animal or animals were impounded;
(5) Signature of the county animal control representative; and
(6) A statement that “The violator may request a hearing to appeal the impoundment. A person desiring a hearing shall contact the County Animal Protection Services within seven days from the date of impoundment” and the County Animal Protection Services will hold an administrative hearing within seven days after receiving a request to appeal the impoundment. If the hearing cannot be held prior to the expiration of the seven-day impoundment period, the County Animal Protection Services cannot sell, offer for adoption, or dispose of the animal or animals until a final decision is rendered and all of the appeal processes have been expired. If a hearing is requested by any owner of impounded animals, the Hearing Officer shall, after hearing the testimony of all interested parties, render a decision within five business days regarding the disposition of the impounded animals. This decision by the Hearing Officer shall have no effect on the criminal charges that may be filed with the appropriate authorities.
(M) Any expense incurred in impoundment must be paid before the animal is released from the County Animal Protection Services.
(1980 Code, § 90.23) (Res. 99-61, adopted 2-18-1999; Res. 06-122, adopted 3-16-2006; Ord. 24-19, passed 1-18-2024) Penalty, see § 90.99
Statutory reference:
Humane Care for Animals Act, see 510 ILCS 70/1 et seq.
Aggravated cruelty, see 510 ILCS 70/3.02
Animal torture, see 510 ILCS 70/3.03
Depiction of animal cruelty, see 510 ILCS 70/3.03-1