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Illinois state law issues

Adamanteus

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"NOTE: While HB3678 is entitled the "Retail Sale of Dogs and Cats Act," the bill fails to define the term "animal" which is used in numerous sections and might be interpreted to include all animals, not only dogs and cats. The bill only defines "dog." If adopted, "animal" should be defined as "dogs" and "cats""


https://pijac.org/files/public/ILH3678.pdf
 
Blanket ban on all exotics in IL!

In case you missed this on the BOI or other forums I wanted it here under Il, Thank you jfmoore of ksnake for typing this out! anyone who wants the origanal scan of this is welcome to email me and Ill foward it to ya. Its a large file so may take some time. This will effect all of us, it started in NYC and is now being pushed in Chicago! Your city could be next! Take action now!! Thanks
===============================================================
ORDINANCE




WHEREAS, the City of Chicago is a home rule unit of government as defined in Article VII, Section 6(a) of the Illinois Constitution, and as such may exercise any power and perform any function pertaining to it government and its affairs; and

WHEREAS, the protection of the health and welfare of its citizens is a matter pertaining to the government and affairs of the City of Chicago; and

WHEREAS, Illinois State authorities, along with the United States Centers for Disease Control authorities, have determined that an undetermined number of prairie dogs held by an exotic pet distributor in Illinois have been infected or may have been infected with an orthopox virus, which virus has been determined by the CDC to be monkeypox or a closely-related infectious agent; and

WHEREAS, these prairie dogs have been held in close proximity with other animals of numerous species, some of which may be susceptible to infection with orthopox viruses, and these animals include Gambian rats which previously have been associated with transmission of orthopox viruses; and

WHEREAS, recently, there have been twelve humans in the State of Wisconsin and at least one person in the State of Illinois where the individuals have exhibited symptoms consistent with an orthopox virus; and

WHEREAS, there is reliable information that some of these individuals have had contact with prairie dogs from the exotic pet dealership in question; and

WHEREAS, at the time of this outbreak, there were no known human cases of monkeypox in the United States; and

WHEREAS, bites from wild animals and contact with a infected wild animal have led to serious illnesses and death of persons; and

WHEREAS, the City of Chicago seeks to further protect the health and welfare of the residents of Chicago;

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CHICAGO,

SECTION 1. Section 7-12-360 of the Municipal Code of the City of Chicago is hereby amended by inserting the underlined language and deleting the stricken through language as follows:

7-12-360. Wild animals prohibited.


(a) No person shall sell or give to another person, possess, harbor or keep wild animals identified in subsection (b) of this section or in regulations promulgated by the Commissioner pursuant to subsection (e) of this section other than in:

(1) A zoological park or aquarium; or

(2) A circus or native wildlife rehabilitator licensed by federal or state agencies; or

(3) A place which has received the approval of the Department to exhibit or use such animals, and which has protective devices, which are adequate to prevent such animal from escaping or injuring the public. The Department may impose reasonable conditions and time limits on the granting of such approval.

(b) For the purposes of this Code, wild animals are deemed to be any animals which are naturally inclined to do harm and capable of inflicting harm upon human beings and are hereby prohibited pursuant to subsection (a). Such animals shall include: (i) any animals specified by the Commissioner in regulations promulgated pursuant to this section; (ii) any native or exotic wildlife whose possession or sale is prohibited because they are designated as protected or endangered pursuant to any federal, state or local law, regulation, or rule; and (iii) any of the following animals:

(1) All dogs other than domesticated dogs (Canis familiaris), including, but not limited to, wolf, fox, coyote, hyaena, dingo, jackal, dhole, fennec, raccoon dog, zorro, bush dog, aardwolf, cape hunting dog and any hybrid offspring of a wild dog and domesticated dog.

(2) All cats other than domesticated cats (Felis catus), including, but not limited to, lion, tiger, leopard, ocelot, jaguar, puma, panther, mountain lion, cheetah, wild cat, cougar, bobcat, lynx, serval, caracal, jaguarundi, margay and any hybrid offspring of a wild cat and domesticated cat.

(3) All bears, including polar, grizzly, brown and black bear.

(4) All fur bearing mammals of the family Mustelidae, including, but not limited to, weasel, marten, mink, badger, ermine, skunk, otter, pole cat, zorille, wolverine, stoat and ferret.

(5) All Procyonidae: All raccoon (eastern, desert, ring-tailed cat), kinkajou, cacomistle, cat-bear, panda and coatimundi.

(6) All carnivorous mammals of the family Viverridae, including, but not limited to, civet, mongoose, genet, binturong, fossa, linsang and suricate.

(7) All bats (Chiroptera).

(8) All non-human primates, including, but not limited to, monkey, ape, chimpanzee, gorilla and lemur.

(9) All squirrels (Sciuridae).

(10) Reptiles (Reptilia). All Helodermatidae (gila monster and Mexican beaded lizard); all front-fanged venomous snakes, even it devenomized, including, but not limited to, all Viperidae (viper, pit viper), all Elapidae (cobra, mamba, krait, coral snake), all Atractaspididae (African burrowing asp), all Hydrophiidae (sea snake), all Laticaudidae (sea krait); all venomous, mid-or rear-fanged, Duvernoy-glanded members of the family Colubridae, even if devenomized; any member, or hybrid offspring of the family Boidae, including, but not limited to, the common or green anaconda and yellow anaconda; any member of the family Pythonidae, including but not limited to the African rock python, Indian or Burmese python, Amethystine or scrub python; any member of the family Varanidae, including the white throated monitor, Bosc's or African savannah monitor, Komodo monitor or dragon, Nile monitor, crocodile monitor, water monitor, Bornean earless monitor; any member of the family Iguanidae, including the green or common iguana; any member of the family Teiidae, including, but not limited to the golden, common, or black and white tegu; all members of the family Chelydridae, including snapping turtle and alligator snapping turtle; and all members of the order Crocodylia, including, but not limited to alligator, caiman and crocodile.

(11) Birds and Fowl (Aves): All predatory or large birds, including, but not limited to, eagle, hawk, falcon, owl, vulture, condor, emu, rhea and ostrich; roosters, geese, ducks and turkeys prohibited or otherwise regulated pursuant to §161.19 of this Code, the Agriculture and Markets Law or applicable federal law.

(12) All venomous insects, including, but not limited to, bee, hornet and wasp.

(13) Arachnida and Chilopoda: All venomous spiders, including, but not limited to, tarantula, black widow and solifugid; scorpion; all venomous arthropods including, but not limited to, centipede.

(14) All large rodents (Rodentia), including, but not limited to, gopher, muskrat, paca, woodchuck, marmot, beaver, prairie dog, capybara, sewellel, viscacha, porcupine, gambien rats and hutia.

(15) All even-toed ungulates (Artiodactyla) including, but not limited to, deer, antelope, sheep, giraffe and hippopotamus.

(16) All odd-toed ungulates (Perissodactyla) other than domesticated horses (Equus caballus), including, but not limited to, zebra, rhinoceros and tapir.

(17) All marsupials, including, but not limited to, Tasmanian devil, dasyure, bandicoot, kangaroo, wallaby, opossum, wombat, koala bear, cuscus, numbat and pigmy, sugar and greater glider.

(18) Sea mammals (Cetacea, Pinnipedia and Sirenia), including, but not limited to, dolphin, whale, seal, sea lion and walrus.

(19) All elephants (Proboscides)

(20) All hyrax (Hydracoidea).

(21) All pangolin (Pholidota).

(22) All sloth and armadillo (Edentata).

(23) Insectivorous mammals (Insectivora): All aardvark (Tubildentata), anteater, shrew, otter shrew, gymnure, desman, tenrec, mole and hedge hog.

(24) Gliding lemur (Dermoptera).

(c) In addition to domesticated dogs and cats, an animal may be kept, possessed, harbored or sold in the City of New York provided that possession of the animal is not otherwise prohibited by law, including federal, state and local laws regulating domestic animals and livestock or protecting wildlife and endangered species. Such animals include, but are not limited to, gerbil, hamster (Mesocricetus auratus), guinea pig, domesticated rabbit and fowl or small birds such as parakeet, parrot, canary and finch.

(d) An animal whose possession is prohibited pursuant to this section may be seized by any authorized employee, officer or agent of the Department or of any other agency of the City of New York, and the Commissioner shall provide for such animal's appropriate disposition.

(1) An order issued by the Commissioner pursuant to this section shall contain a notice that the owner of such animal may, within three business days of receipt of the order, request an opportunity to be heard with respect to whether the animal is a prohibited animal and its appropriate disposition. The Commissioner shall provide such an opportunity to be heard as soon as practicable, but no later than 15 days after receipt of such request.

(2) With the written consent of the Department, an owner of any animal whose possession is prohibited pursuant to this section, may remove such animal to another jurisdiction where its possession is not prohibited pursuant to any local or other law.

(e) The Commissioner may promulgate such regulations as may be necessary to add to the list in subsection (b) any animal which the Commissioner determines is naturally inclined to do harm and capable of inflicting bodily harm upon human beings.

(f) If provision of this section is adjudged invalid by any court of competent jurisdiction, such judgment shall not affect or impair the validity of the remainder of this section.


SECTION 2. This ordinance shall take effect upon passage and publication.




___________________________________ ____________________________________
Alderman Edward M. Burke, 14th Ward Alderman Shirley A. Coleman, 16th Ward

This is the person sponsoring the ordinace:
Alderman: Edward M. Burke Ward Office: 2650 W. 51st Street
Chicago, IL 60632 Ward Phone: 773-471-1414 E-Mail: [email protected] City Hall Office: 121 N. Lasalle St.
Room 302
Chicago, IL 60602 City Hall Phone: 312-744-3380
 
Thank you for posting this information. As I was reminded by the wonderful Edward Burkes office, this is just a proposal and not a final draft. How much it will change before the final draft is completed is anyone's guess, but I assure you, from the attitudes displayed verbally from that office, it won't be excluding any reptiles and exotics!

I think they might realize they missed a few species and ammend it to include them.

I will anxiously await your online petition so I can get as many people to it to support us on preventing this ordinance from being passed.

Please keep us informed of any dates you get on when the ordinance will be presented at the council meetings in advance. I was unable to get Mr. Donal to answer my questions about the proposed ordinace. The more people who show up to fight this, the better our chances are of fighting for our rights to own the multitudes of species they are wanting to ban.

One last bit of great news, Edward Burkes office is not happy with the number of calls they have recieved today in regards to this issue and swear there is an organized conspiracy and swore I was part of it. I, as I tried to convince him, am only one person who cares. Everyone who has called so far, you are really going to make a difference!

Write, email and call those aldermen!

Charith
 
IL - Pekinites with exotic pets want City Council to shed snake ban

PEKIN - A proposed ban on pet snake ownership has Jason Juchems' skin crawling.
The Bradley University junior owns a California king snake and a female ball python.

In addition, he breeds dart frogs and two types of geckos and sells them to pet dealers around the region.

But if an animal control ordinance is approved by the City Council next month, Juchems might have to give up his exotic pets.

"The issue at hand is dangerous dogs and cats," Juchems said Tuesday, one day after the City Council introduced an ordinance defining what constitutes a "dangerous" or "vicious" dog or cat while banning wild animals like pet snakes from being owned within city limits. "We have not had any issue with (reptiles) or exotic animals in the city of Pekin."

Juchems is not the only snake owner hissing about the proposed ban.

The Central Illinois Herpetological Society, with approximately 100 members throughout the Peoria region, also opposes the city's plan.

"I have heard of nothing about any serious involvement with any of these animals that necessitates developing or amending a law," said Gene Holmes of Peoria, publicity chairman of the society and the owner of 15 pet snakes and other exotic animals. "I don't understand the basis in the decision being made."

The proposed ban on snake ownership and all wild animals in Pekin is part of a sweeping change in the animal control ordinance that follows a rash of dog attacks this year.

Following public outcry, the council reviewed its animal control ordinance and found it lacked teeth in punishing owners of animals that attack.

The new ordinance, introduced at Monday's council meeting, includes, among other things, a controversial three pet per household limit.

City officials assured Pekinites that all items of the ordinance are subject to change.

That includes the reptile ban, Councilman Bill Maddox has said in recent days.

Illinois law already prohibits poisonous and life-threatening reptiles from being owned. The law also prohibits all forms of crocodile and alligator ownership. Violations can result in a misdemeanor conviction and fines.

Exotic cats like lions, cougars, and bobcats also are outlawed by Illinois law, although the federal government offers special permits granting some people permission to own one, according to Carroll Imig, bureau chief of the Bureau of Animal Welfare, a division of the Illinois Department of Agriculture.

Meanwhile, pet snakes like the ball python are not outlawed in Illinois as long as it's no bigger than 6 feet in length.

In Peoria, reptile and exotic animal ownership is regulated similarly as state law. Pet snakes are allowed in Peoria and there is no plans to limit that.

Holmes said he believes that Pekin officials want a reasonable law similar to Peoria's that would limit large pythons and boa constrictors that could threaten human life.

For instance, the Burmese python, which is illegal to own in Illinois, can grow up to 20 feet and weigh 200 pounds and is considered a threat to children.

And while its rare that there are illegal exotic animals owned in the Peoria region, there have been spot reports over the years of alligators or large snakes found in someone's back yard.

But even those remote instances are not enough for Pekin to outright ban them from the homes of responsible owners, Holmes said.

"Obviously, we know people have fears of snakes just as they do of spiders and so on," he said, "but there is no just reason to ban them."

Link
 
Pekin scales back draft of its animal ordinance

PEKIN - Pets not considered "dangerous" or "vicious" will not be outlawed from Pekin under a proposed animal-control ordinance, Mayor Lyn Howard said Wednesday.
That includes ball python snakes or any other reptile that might be protected under Illinois law, Councilman Bill Maddox added.

The City Council is considering sweeping changes to its animal code after a year that has included numerous reports of dog attacks.

Part of the proposed ordinance, which the city labels a first draft, includes a ban on wild animals including boa constrictors and pythons.

The proposal has upset many local herpetologists and snake owners who claim the problems in Pekin were created by aggressive dogs, not snakes.

"I'm sure somewhere in the U.S., a boa constrictor has gotten loose and squashed a baby," Maddox said. "But the likelihood of that happening is a million times less than being struck by lightning."

Maddox said he will recommend that the council follow Illinois law in regulating reptiles.

"We should adopt whatever the state's regulations already are," he said.

The state's Dangerous Animals Act says any life-threatening or poisonous reptile is prohibited from being owned in Illinois.

However, the law does not specify which reptiles should be considered life-threatening.

In a 1991 ruling by the Illinois Supreme Court, a Chicago man was prohibited from owning a four-foot alligator and two 15- to 20-foot Burmese pythons. The court said he could own a 7-foot boa constrictor.

Since then, Illinois Department of Natural Resources herpetologist Scott Ballard said the state interprets the ruling to mean that people are allowed to own constricting snakes no bigger than 15 to 20 feet and alligators and crocodiles that are 4 feet or under.

But Ballard said once the snake, crocodile or alligator grows larger than those limits, it must be removed from Illinois.

Violations can result in a misdemeanor conviction or fines.

The Illinois Department of Agriculture, meanwhile, regulates those with licenses to sell reptiles. Pet stores, for example, are prohibited from owning or selling crocodiles or alligators of any size and constricting snakes that are 6 feet or longer.

Link
 
New Il law, Il Gov trying to be dictators(bad People)

This is my my understanding what they are doing is taking the law governing pet stores rewording and adding a few things so it effects private owner ship as well. Do you own birds, if this passes the only legal way you will be able to by bird feed is with a prescription from a vet "Good quality, wholesome food" for birds means that prescribed by an Avian veterinarian" Thats copied and pasted do you want to be told its illegal for you to buy bird feed at Walmart? Anyway heres is the link to the law itd effect all parts of the animal industry in IL. WE MUST ACT NOW THEY ARE VOTING NEXT WENSDAY,They are trying to sneak this one through it is moving fast.

http://www.ilga.gov/legislation/ful...um=0707&GAID=8&LegID=15187&SpecSess=&Session=



Heres is a link to the commitee that will be voting on it next wensday
http://www.ilga.gov/house/committees/members.asp?committeeID=209
Call you local news papers, call the managers of your local Walmart let them know if allowed to pass this bill will effect there sales, call every pet store you can and write these people, act now and make you entire famiily act!
 
Did you see this part??

Sec. 3. No person shall engage in business as an animal
32 caretaker a pet shop operator, dog dealer, kennel operator,
33 cattery operator, or operate a guard dog service, an animal
34 control facility or animal shelter or any combination thereof,
35 in this State without a license therefor issued by the
HB0707 - 4 - LRB094 04266 RAS 34291 b
1 Department.

Now ANYONE breeding reptiles will have to be licensed, which includes inspections. Following these additions...they could even construe racks systems to be illegal ("provide a stimulating and enriching environment")...and they are also going to require ANNUAL veterinary examinations...
May even include licensing the animals themselves, although this looks like it pertains to dogs only.

This is ridiculous...

Do you know if there is a companion bill in the Senate??
 
It goes much farther than not being able to buy birdfeed.

ANYONE that transfers any animal's ownership (regardless of compensation, which means even if you GIVE it away) MUST be licensed by the state...and are subject to inspection...records registration...and specifically ANNUAL veterinary checkups.
Some of the broad definitions that will be changed could also potentially outlaw rack systems (depending on interpretation of the law) and effectively stop all breeding in the state.

I could not afford to be a hobbyist breeder...and hopefully one day a commercial breeder if this act is revised. And neither could most people.
If you had to get EVERY animal a vet checkup previous to transfer...a $20 cornsnake just became a $120 dollar cornsnake. If I bred 50 corns and wanted to sell them all...it would cost me upwards of $5000 in vet and registration costs for these animals...which is ridiculous...this MUST be stopped.

I could not find a corresponding Illinois Senate Bill...and since this bill is being heard at a Agriculture and Conservation Committee hearing...I believe it is still in it's infancy...although the Committee Hearing IS next Wednesday...I urge anyone that is a resident of the state to contact your State Representative...I also contacted my State Senator to make him aware of any possible pending legislation.
I also wrote the Governor to let him know how I feel about this.

You can find your state official at this link: http://www.elections.state.il.us/dls/pages/DLSAddresscrit.asp

Sorry if any of this is redundant...I am trying to get the word to as many people as possible and have copied this statement I wrote for easy pasting.
 
I understand wanting to get a lot of traffic to view this thread, but isn't there a legislation forum somewhere on here?
 
gregh said:
I understand wanting to get a lot of traffic to view this thread, but isn't there a legislation forum somewhere on here?

Yes...it is under a pile of dust on the bottom of the pile...
I believe Jason did the right thing by posting it here...

This legislation may be at the Illinois State Level...but will affect the Pet Industry nationwide...effectively anyone selling animals at the NARBC show in Tinley Park would have to have a State license to do so...and would have to be inspected...and have current veterinary checkups on ALL animals...as well as all documentation for the care of such animals.

Anyone who transfers ownership of an animal in the state (even if it is for free) is subject to this legislation.

How do all of you who do big business with people in Chicago feel about that?
 
If anyone can pick up an IL phone book and start calling the head managers of there local pet stores and making them aware it would be apreciated all you hve to tell them is go to www.ilga.gov and put hb0707 into the top search feature on the left side, Ive contacted all the pet sotres in Quincy, Jacksonville, Springfield, Bloomington and decatur. Also I have contacted the coperate officies of Walmart, Petco and Petsmart all stand to lose sales if this passes. Lori King CHS. Brian Potter and Bob Ashley from NARBC. Also the Chicago Tribune, Sun times, two springfield papers, jacksonville, and two papers in Quincy. They learned last time when we stopped them in chicago to move faster, they proposed this last week and its being heard next Wensday, that a record being proposed and heard in that short period of time is unheard of from what I am told. If you can call pet stores etc tell them to copy the list of reps and hand that list to everyone who walks through there door. Anyway thanks for the help!!!
 
I don't believe that the Committee hearing alone can amend the State Act...

I believe they hear it and deem it worthy of a General Assembly vote...
It will also have to have a companion bill passed in the senate and if both pass it is up to the Governor...who is a douchebag.

Must stop it now...I have written and called both my representative...and the reps on the committee...and wrote my Senator to be sure he is aware of any pending legislation in the Senate.
I also wrote the Governor...

I will be sure to call as many pet stores and breeders as I can...
 
To many people approach government with a :no_evil01 type viewpoint, I am glad to see there are people paying attention!

I would like to wish you all in IL some luck on this issue! Do you know who is responsible for the Bill?
 
Just thought of something to bring up at the hearing or to your state representatives and all those who want to implement the bill. The millions of dollors it would cost to carry out and enforce this type of state-wide legislation of animals should be enough to kill the bill in its infancy. To me it just seems like the cost to implement a bill or program like this at the state level would be economically unfeasable.
Chris McLaughliin
 
please find out who is the douche who introduced the bill, and maybe we can dig up if they have an agenda (you know peta member or something)
 
I understand some of these concerns, but help me understand, exactly what is wrong with providing adequate housing and health requirements to the animals you breed?
- This law will rstrict all BREEDERS regardless of conditions of housing. Like you said, rack systems might not be considerd good enough. A vet inspection each year and selling each animal with a vet inspection. Maybe this would be alright with some of the hobbiest. However I ship out about 100 (retail) animals a month on average. IMAGINE the vet bill for me!
 
Seems to be in the animals' best interest, since so many have been rescued out of unimaginably abusive environments.
- Those people will NOT obey this law. If they cant obey the normal animal cruelity law what makes you think they will obey this one? You see, those type of people are trash. End of story, they will never change. However they will change how us responsible people are treated. I am not based in IL, however I have good customers there and know people there. It just wouldn't be right for the govt to impose a bill like this on them.....
 
I understand some of these concerns, but help me understand, exactly what is wrong with providing adequate housing and health requirements to the animals you breed? Why would any responsible pet owner or breeder mind that?
Any responsible one wouldnt, like someone else said its the dirt bags and their not going to change. However the biggest problem here is this was not written by animal people to better the trade this was written by PETA or someone like them to make our lives hell. IL is already full of vague laws take our dangerous animal act its states that any reptiles that is considered deadly or life threatning. However its doesnt state what is life threatning, to a cop who is terrified of snakes that could be a 6ft boa to someone who knows what they are doing its more like a 15ft python. But its left vegue so they can harrass then its up to the courts to decide. In the mean time while you are waiting for trial your being charged boarding fees for the reptiles that were confiscated. Win or lose you get to pay the boarding fees. As long as it takes to get into court your looking at several hundred to thousands of dollars. Its left vague so they can harrass you and try to deteer the general public. Alot of it is really pitiful in IL I personally think there is a bunch of physco ego maniacs in power, either that or they are letting the ego maniacs write the laws for them. Look at toture tactics, they tought us alot of this stuff in the military its just physcological warfare is all it is. If the law stated a 15ft+ snake is illegal and the law was cut and dry, Hey as long as our snakes were under that size we could all live confortable. But they leave it vague so no one knows and either everyone runs around scared, we stay away from certain things because we just dont know or we hide it in our basement and dont talk about it out of fear. Its a way to opress people, make them feel as though they are beneath the power that be.

Think about it if these reps really have that much time on their hands to concern themselves with these kinds of matters, something is really wrong. They should be worried about economies and schools and what not. These things are being drafted written and pushed by humaniacs. I was talking to a friend of mine today about these things and they recently stopped some stupid law in their area( it was a local thing not state) they started asking the reps who had sponsored the bill why they felt is was needed for certain parts of the bill. One of the paragraphs they asked him about, the rep was completly clueless he didnt even know it was in the bill he was sponsoring. How sad is that "ya ill stamp my name on it....even though I havnt read it" Some of these reps get a peice of paper thrown on their desk a little bird informs them "hey pass this and well all back ya in the next election" they dont even read what they are trying to pass. They just do as they are told.
 
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