Chicago Police DepartmentSpecial Order S04-12-01
Animal Care Statutes and Ordinance
Issue Date:11 January 2016Effective Date:11 January 2016
Rescinds:29 January 2014 Version
Index Category:Preliminary Investigations
I.Purpose
This directive lists a synopsis of selected statutes and ordinances which pertain to the ownership and care of animals. Refer to the actual statute or ordinance for charging purposes.
II.Statutes Relating to Animal Treatment
Statute or Ordinance Violation1st Offense2nd Offense
510 ILCS 70/3: Owner’s Dutiesa) sufficient quantity of food, water;b) adequate shelter, protection from weather;c) veterinary care when needed;d) humane care and treatment.Class B Misdem.Class 4 Felony
510 ILCS 70/3.01: Cruel TreatmentBeat, cruelly treat, torment, starve, overwork, or otherwise abuse an animal. Abandon an animal.

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 results in injury to or death of the animal.
Class A Misdem.Class 4 Felony
510 ILCS 70/3.02: Aggravated CrueltyIntentionally commit an act that causes a companion animal to suffer serious injury, death.Class 4 FelonyClass 3 Felony
510 ILCS 70/3.03: Animal TortureWithout legal justification, knowingly or intentionally torture an animal (exemptions listed in act).Class 3 FelonyClass 3 Felony
510 ILCS 70/3.03.1: Depiction of Animal CrueltyCreate, sell, market, or possess a depiction of animal cruelty in commerce for commercial gain or entertainment.Class A Misdem.Class 4 Felony
510 ILCS 70/6: Poisoning AnimalsPoisoning dogs or other domestic animals.Class A Misdem.Class 4 Felony
510 ILCS 70/7.1: Confinement in Motor VehicleConfinement in a motor vehicle placing the animal in a life- or health-threatening situation.Class C Misdem.Class B Misdem.
510 ILCS 70/7.15: Guide, Hearing, and Support Dogs(a) annoy, tease, torment, otherwise interfere with guide, hearing, or support dog’s performance of duties;(b) torture, injure, or kill a guide, hearing, or support dog;(c) permit another dog to cause injury/death to a guide, hearing, or support dog in discharge of its duties.Class A Misdem. (b)&(c) Class 4 felony if dog killed, disabledClass 4 Felony (b)&(c) Class 4 felony if dog killed, disabled
510 ILCS 70/4.04 Injury to a police animal, service animal or search and rescue animal. Class 4 FelonyClass 4 Felony
510 ILCS 70/4.04 Injury to a police animal, service animal or search and rescue animal resulting in death. Class 3 FelonyClass 3 Felony
510 ILCS 70/10: Investigation of ComplaintsUpon a complaint of suspected violation of the Humane Care for Animals Act, for investigative purposes, officers may enter upon premises where animals are kept (however, entry into residence only with warrant or court order), and remove animals if complaint is verified.DNADNA
720 ILCS 5/12-35: Sexual Conduct or Contact With An AnimalAny touching, fondling or contact between the sex organ, anus or mouth of an animal or any transfer or transmission of semen for the purpose of sexual gratification or arousal of the person. Class 4 FelonyClass 4 Felony
720 ILCS 5/12-7.3 (c): Stalking Knowingly engages in a course of conduct and he or she knows or should know that this course of conduct would cause a reasonable person to fear for his or her safety or the safety of a third person or suffer emotional distress. (1) a person, engages in other non-consensual contact, or interferes with or damages a person’s property or pet. A course of conduct may include contact via electronic communications.Class 4 FelonyClass 4 Felony
III.Statutes Related to Animal Fighting
Statute Violation1st Offense2nd Offense
510 ILCS 70/4.01(a): Animal Fighting (cockfighting)Own, capture, breed, train, or lease an animal which is known or intended for use in any activity involving a fight.Class 4 FelonyClass 3 Felony
510 ILCS 70/4.01(b): Animal FightingPromote, conduct, carry on, advertise, collect money for or assist in the presentation of a show, or other activity involving a fight or intentional killing.Class 4 Felony Class 3 Felony
510 ILCS 70/4.01(c): Animal FightingSell, offer for sale, ship, transport, move, deliver or receive any animal known to have been captured, bred, or trained or will be used to fight.Class 4 FelonyClass 3 Felony
510 ILCS 70/4.01(d): Animal FightingManufacture for sale, shipment, transportation, or delivery any device/equipment which that person knows or should know is intended for use in any show, exhibition, program featuring animal fighting.Class 4 FelonyClass 3 Felony
510 ILCS 70/4.01(e): Animal FightingOwn, possess, sell or offer to move any equipment/device which such person knows or should know is intended for use in connection with any animal fight.Class 4 FelonyClass 3 Felony
510 ILCS 70/4.01(f): Animal FightingMake available any site, structure or facility for purpose of conducting any fight between animals, an animal and a human, or the intentional killing of an animal.Class 4 FelonyClass 3 Felony
510 ILCS 70/4.01(g): Animal FightingAttend or patronize any animal fight show.Class 4 FelonyClass 3 Felony
510 ILCS 70/4.01(L): Animal FightingSolicit a minor to violate any part of section 4.Class 4 FelonyClass 3 Felony
720 ILCS 5/48-1(a): Dog FightingOwn, capture, breed, train, or lease any dog intended for use in any activity involving a fight with another dog or human, or intentionally kill a dog for sport, wagering, or entertainment.Class 4 FelonyClass 3 Felony
720 ILCS 5/48-1(b): Dog Fighting Promote, conduct, carry on, advertise, collect money for or assist in the presentation of a show, or other activity involving a fight or the intentional killing of a dog.Class 4 FelonyClass 3 Felony
720 ILCS 5/48-1(c): Dog FightingSell, offer for sale, ship, transport, move, deliver or receive any dog known to have been captured, bred, or trained or will be used to fight.Class 4 FelonyClass 3 Felony
720 ILCS 5/48-1(c-5): Dog FightingSolicit a minor to violate any part of section 26-5.Class 4 FelonyClass 4 Felony
720 ILCS 5/48-1(d): Dog Fighting or 510 ILCS 70/4.01: Other AnimalsManufacture for sale, ship, transport, or deliver any device/equipment which that person knows or should know is intended for use in any show, exhibition, or program featuring dog fighting (also applies to other animals, Class 4 FelonyClass 3 Felony
720 ILCS 5/48-1(e): Dog Fighting or 510 ILCS 70/4.01: Other AnimalsOwn, possess, sell or offer to move any equipment/device which such person knows or should know is intended for use in connection with any dogfight.Class 4 FelonyClass 3 Felony
720 ILCS 5/48-1(f): Dog FightingMake available any site, structure or facility for purpose of conducting any fight between dogs, a dog and a human, or the intentional killing of a dog.Class 4 FelonyClass 4 Felony
720 ILCS 5/48-1(g): Dog Fighting or 510 ILCS 70/4.01: Other AnimalsAttend or patronize any dogfight.Class 4 FelonyClass 3 Felony
IV.Other Statutes and Ordinances Relating to Animals
Statute and Ordinances Violation1st Offense2nd Offense
510 ILCS 70/4: Prohibited ActsSell, offer for sale, barter, give away a rabbit, baby chick, duckling, other fowl which has been dyed or otherwise artificially colored. Sell, barter, or give away as pets or novelties any baby chick or duckling. Award as a prize any rabbit, duckling, or baby chick.Class B Misdem.Class 4 Felony
720 ILCS 5/12-36(a): Possession of Certain Dogs by Felons For a period of 10 years upon release from incarceration, it is unlawful for a person convicted of a forcible felony, a violation of the Humane Care for Animals Act, violation of Article 14 of the Criminal Code of 1963, violation of Class 3 or higher of the Cannabis Control Act, Class 2 or higher of the Methamphetamine Control and Community Protection Act, to knowingly own, possess, have custody of, or reside in a residence with an unspayed or unneutered dog or puppy older than 12 weeks of age or any dog known to be a vicious dog under Section 15 of the Animal Control Act. Class A Misdem.Class A Misdem.
720 ILCS 5/12-36(a): Possession of Certain Dogs by Felons Any dog owned, possessed by, or in the custody of a felony, as described in subsection (a) must be microchipped for permanent identification. Class A Misdem.Class A Misdem.
MCC 7-12-040: Impounding Stray & Unlicensed AnimalsDNADNA
MCC 7-12-080: Removal of Neglected AnimalAnimal is left without food, water, or proper care and attention for time sufficient to cause undue discomfort or suffering, and owner cannot be located; officer may enter premise and remove animal after completing legal processANOVANOV
(Items indicated by italics/double underline have been added or revised.)
Authenticated by: KC
John J. Escalante
Interim Superintendent of Police
16-002 KMS