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510 ILCS 55/1. [Running at large prohibited; restraints; liability]
Sec. 1. No person or owner of livestock shall allow livestock to run at large in the State
of Illinois. All owners of livestock shall provide the necessary restraints to prevent
such livestock from so running at large and shall be liable in civil action for all
damages occasioned by such animals running at large; Provided, that no owner or keeper of
such animals shall be liable for damages in any civil suit for injury to the person or
property of another caused by the running at large thereof, without the knowledge of such
owner or keeper, when such owner or keeper can establish that he used reasonable care in
restraining such animals from so running at large.
510 ILCS 55/1.1. Definitions
Sec. 1.1. Definitions. As used in this Act, unless the context otherwise requires:
"Livestock" means bison, cattle, swine, sheep, goats, equidae, or geese.
"Owner" means any person who (a) has a right of property in an animal, (b) keeps or harbors an animal, (c) has an animal in his care, or (d) acts as custodian of an animal.
"Person" means any individual, firm, association, partnership, corporation, or other legal entity, any public or private institution, the State of Illinois, or any municipal corporation or political subdivision of the State.
"Running at large" or "run at large" means livestock that strays from confinement or restraint and from the limits of the owner.
510 ILCS 55/1.2. [Notice of violation; impoundment; expenses; sale; orders of
court]
Sec. 1.2. A notice of a violation of this Act shall be given to the person or owner of
livestock running at large if known and a maximum of 24 hours may be granted in which to
make the necessary corrections if the violation is an accidental occurrence and an
investigation reveals no identifiable individual at fault. Any livestock allowed to run at
large may be impounded at a facility capable of restraining such livestock. A notice of
impoundment shall be delivered to the owner of such livestock in person or by certified
mail.
Law enforcement officials such as State Police, County Sheriffs, or municipal police officers, or authorized agents of the Illinois Department of Agriculture, or authorized agents of the Illinois Department of Conservation, or the owner or occupier of land may give notice and cause stray animals which trespass to be impounded.
The person or persons having stray livestock impounded shall make every reasonable effort to notify the owner or keeper of the impounded livestock where such livestock is impounded.
The person or persons requesting impoundment shall be held harmless of any liability for injury to or for any financial responsibility for such animals.
Stray animals may be impounded at any public stockyards, livestock auction markets or any other facilities willing to accept such animals for impoundment. The impounding facility and its owner or owners shall not be held liable for any injury or accrue any financial responsibility for such impounded animals.
Any expense incurred in such impoundment shall become a lien on the livestock impounded and must be discharged before the livestock are released from the facility. The livestock may be released to the owner prior to the expiration of the impoundment period if impoundment costs are satisfied and the owner provides evidence that he is capable of restraining the livestock from running at large. If the owner refuses or fails to provide such restraints, or the impounded animals are not claimed and incurred costs paid within the period of impoundment, such animals shall be sold either at a public auction, or through a public stockyard or a livestock auction market. Before any livestock can be sold as herein provided, the person requesting the impoundment shall have published notice of the intended sale thereof in a newspaper of general circulation in the area where the impounded animals were found to be running at large. If the impounded livestock is not claimed within 10 days after the date of publication of such notice, the livestock may be sold. The proceeds of the sale shall be applied first to discharge the lien, and any balance shall be paid to the owner. If any court of competent jurisdiction issues any order concerning any impounded animal, such animal shall immediately pass to the jurisdiction and possession of the court bailiff of the jurisdiction in which the order was issued.
510 ILCS 55/3.1. [Violations of Act; penalty]
Sec. 3.1. Any person who violates this Act shall be guilty of a Class C misdemeanor. Each
day of violation shall constitute a separate offense.
In the event the person who violates this Act is a corporation or partnership, any officer, director, manager or managerial agent of the partnership or corporation who violates this Section or causes the partnership or corporation to violate this Section shall be guilty of a Class C misdemeanor.
510 ILCS 55/5.1. [Short title]
Sec. 5.1. This Act shall be known and may be cited as the "Illinois Domestic Animals
Running At Large Act".
765 ILCS 130/1. [Board of trustees as ex officio fence viewers]
Sec. 1. In counties under township organization the board of trustees shall be ex officio
fence viewers in their respective towns. In counties not under township organization the
presiding officer of the county board, with the advice and consent of the county board, at
the annual meeting of the county board in December, shall appoint three fence viewers in
each precinct, who shall hold their office for one year, and until their successors are
appointed.
765 ILCS 130/2. [Height of fences]
Sec. 2. Fences four and one-half feet high, and in good repair, consisting of rails,
timber boards, stone, hedges, barb wire, woven wire or whatever the fence viewers of the
town or precinct where the same shall lie shall consider equivalent thereto suitable and
sufficient to prevent cattle, horses, sheep, hogs and other stock from getting on the
adjoining lands of another, shall be deemed legal and sufficient fences: Provided, that in
counties under township organization, the electors, at any annual town meeting, may
determine what shall constitute a legal fence in the town; and in counties not under
township organization, the power to regulate the height of fences shall be vested in the
county board.
765 ILCS 130/3. [Fences between adjoining lands]
Sec. 3. When 2 or more persons have lands adjoining, each of them shall make and maintain
a just proportion of the division fence between them, and if such fence shall be a hedge
fence, then the owner or owners of such hedge fence shall, during the year after such
hedge has attained the age of 7 years, cut back or trim such hedge fence to a height not
to exceed 4 feet, and shall at least once in every 2 years thereafter, cut back or trim
such hedge fence to the height of 5 feet. The provisions of this section shall not apply
to any hedge fence protecting either an orchard, buildings or wind break, nor shall the
provisions of this Section apply to any such fence for the preservation of wildlife and
protection against soil erosion. Such hedge fences protecting wildlife, or orchards, or
buildings or windbreaks, and such fences protecting against soil erosion shall not exceed
60 rods in length. If the owner or owners of such hedge fence shall fail or refuse to
comply with the provisions of this act, on or before the 15th day of June in the year that
such hedge should be cut or trimmed, any one of the owners of such division fence having
complied with the provisions of this act may give the owner or owners, or their agents, of
any such uncut or untrimmed hedge, 10 days notice, in writing to cut or trim such hedge.
And should the owner or owners, or their agents so notified fail or refuse to comply with
such notice it shall be lawful for the person giving the notice to cut or trim or cause to
be cut or trimmed, in accordance with law, and the cost and damage of cutting or trimming
such hedge may be recovered off of the owner or owners of such hedge before any court of
competent jurisdiction.
765 ILCS 130/4. [Costs of maintenance and repair]
Sec. 4. When any person wishes to inclose his land, located in any county having less than
1,000,000 population according to the last preceding federal census and not within the
corporate limits of any municipality in such county, each owner of land adjoining his land
shall build, or pay for the building of, a just proportion of the division fence between
his land and that of the adjoining owner and each owner shall bear the same proportion of
the costs of keeping that fence maintained and in good repair. The provisions of this
Section shall not apply to fences on lands held by public bodies for roadway purposes.
765 ILCS 130/5. [Value of fences; proportions]
Sec. 5. The value of such fence, and the proportion thereof to be paid by such person, and
the proportion of the division fence to be made and maintained by him, in case of his
inclosing his land, may be determined by 2 fence viewers of the town, in counties under
township organization, and in other counties by any 2 fence viewers of the precinct; or,
at the option of the aggrieved party, such value or proportion may be ascertained in an
action brought by him before any court of competent jurisdiction.
765 ILCS 130/6. [Neglect to repair or rebuild]
Sec. 6. If any person neglect to repair or rebuild a division fence, or portion thereof,
which he ought to maintain, any two fence viewers of the town or precinct, as the case may
be, shall, on complaint by the party aggrieved, after giving due notice to each party,
examine such fence, and if they deem the same to be insufficient, they shall so notify the
delinquent party, and direct him to repair or rebuild the same within such time as they
may deem reasonable.
765 ILCS 130/7. [Disputes between owners of adjoining lands]
Sec. 7. If disputes arise between the owners of adjoining lands concerning the proportion
of fence to be made or maintained by either of them, such dispute may be settled by any
two of the fence viewers of the town or precinct, as the case may be, and in such cases it
shall be the duty of the two fence viewers to distinctly mark and define the proportion of
the fence to be made or maintained by each.
765 ILCS 130/8. [Selection of fence viewers]
Sec. 8. When any of the above mentioned matters shall be submitted to fence viewers, each
party shall choose one; and if either neglect, after eight days' notice in writing, to
make such choice, the other party may select both. And for all purposes of notice under
this act, it shall be sufficient to notify the tenant or person in possession of said
adjoining premises, when the owner thereof is not a resident of the town in which such
fences are situated.
765 ILCS 130/9. [Fence viewers duties]
Sec. 9. The two fence viewers so chosen shall examine the premises, and hear the
allegations of the parties. In case of their disagreement, they shall select another fence
viewer to act with them; and the decision of any two of them shall be final upon the
parties to such dispute, and upon all parties holding under them.
765 ILCS 130/10. [Decision of fence viewers]
Sec. 10. The decision of the fence viewers shall be reduced to writing; shall contain a
description of the fence, and of the proportion to be maintained by each, and their
decision upon any other point in dispute between the parties, submitted to them as
aforesaid; and shall be forthwith filed in the office of the town clerk, or in the office
of the county clerk in counties which shall not have adopted township organization.
765 ILCS 130/10.1. [Failure of viewers to make a decision]
Sec. 10.1. If for any reason the fence viewers shall fail to make a decision within 90
days after the matter has been submitted to them, either the county board or the township
board of trustees may assume jurisdiction of the matter and make a decision thereon. If
neither the county board nor the township board of trustees makes a decision thereon
within 60 days after the expiration of such 90 day period, either party may petition the
circuit court of the county in which the fence is located to make the decision thereon and
in such case the circuit court shall have original jurisdiction to hear and decide the
matter.
765 ILCS 130/11. [Neglect to contribute to erection or reparation]
Sec. 11. If any person who is liable to contribute to the erection or reparation of a
division fence shall neglect or refuse to make or repair his proportion of such fence, the
party injured, after giving 60 days' notice, in writing, that a fence should be erected,
or 10 days' notice, in writing, that the reparation of a fence is necessary, may make or
repair the same at the expense of the party so neglecting or refusing, to be recovered
from him, with costs of suit, in the circuit court; and the party so neglecting or
refusing, after notice in writing, shall be liable to the party injured for all damages
which shall thereby accrue.
765 ILCS 130/12. [Destruction of division fence]
Sec. 12. Whenever a division fence shall be injured or destroyed by fire, floods, or other
casualty, the person bound to make and repair such fence, or any part thereof, shall make
or repair the same, or his just proportion thereof, within ten days after he shall be
thereto required by any person interested therein--such requisition to be in writing, and
signed by the party making the same: Provided, that when a flood gate or that portion of a
division fence which crosses a stream or natural water course is destroyed by flood, the
person bound to make or repair the same shall make or repair the same or his just
proportion thereof within two days after he shall be thereto required by any interested
person.
765 ILCS 130/13. [Neglect to repair fence or floodgate]
Sec. 13. If such person shall neglect or refuse to make or repair his proportion of such
fence or flood gate within the periods specified in section 12 of this Act [765 ILCS
130/12], the party injured may make or repair the same at the expense of the party so
refusing or neglecting, to be recovered with costs of suit.
765 ILCS 130/14. [Removal of division fence]
Sec. 14. If any person is disposed to remove a division fence, or part thereof, owned by
him or her, and allow his or her lands to be uncultivated and not used for pasture
purposes, after having first given the adjoining owner one year's notice, in writing, of
his or her intention so to do and having received such adjoining owner's permission, he or
she may, at any time thereafter, remove the same, unless such adjoining owner shall
previously cause the value of the fence to be ascertained by fence viewers, selected as
hereinbefore provided, and pay or tender the same to such person; provided that if, in
accordance with such provisions, the fence has been removed entirely and a new one
erected, any person who seeks to make use of the new fence shall pay to the owner one-half
of the original cost thereof. With reference to the removal or use of a fence as set forth
in this Section, a landlord shall be responsible for the acts of a tenant.
765 ILCS 130/15. [Removal without notice]
Sec. 15. If any such fence shall be removed without such notice, the party removing the
same shall pay to the party injured all such damages as he may thereby sustain, to be
recovered with costs of suit.
765 ILCS 130/16. [Mistaken fence placement]
Sec. 16. When a person has made a fence on an inclosure which afterward on making division
lines is found to be on the land of another, and the same has occurred through mistake,
such first person may enter on the land of the other and remove his fence and material
within six months after such line has been run.
765 ILCS 130/17. [Removal of fence]
Sec. 17. But such fence shall not be removed if it was made of material taken from the
land on which it is built, until the party pays or tenders to the owner of the land the
value of such material, to be ascertained by the fence viewers; nor shall a fence be
removed at a time when the removal will throw open or expose the crops of either party,
but it may be removed within a reasonable time after the crops are secured, although the
six months above specified have passed.
765 ILCS 130/18. [Powers of fence viewers]
Sec. 18. Fence viewers may examine witnesses on any and all questions submitted to them,
and either of such fence viewers shall have power to issue subpoenas for, and administer
oaths to such witnesses.
765 ILCS 130/19. [Payment to fence viewers]
Sec. 19. Fence viewers shall be entitled to $15 per day, each, for the time necessarily
spent as above provided, to be paid in the first instance by the party requiring the
services; and all expenses of the view shall be borne equally between the parties, except
in case of view to appraise damages for neglect or refusal to make or maintain a just
proportion of a division fence, in which case the costs of view shall be paid by the party
in default, and may be recovered as part of the damages assessed.
765 ILCS 130/20. [Civil liability for animals]
Sec. 20. If any horse, mule or ass, or any neat cattle, hogs or sheep, or other domestic
animals, shall break into any person's inclosure, the fence being good and sufficient, the
owner of such animal or animals shall be liable, in a civil action, to make good all
damages to the owner or occupier of the inclosure. This section shall not be construed to
require such fence, in order to maintain an action for injuries done by animals running at
large contrary to law.
765 ILCS 130/21. [Possession of animals]
Sec. 21. If any such animal or animals shall break into an enclosure surrounded by a fence
of the height and sufficiency prescribed by this act, or shall be wrongfully upon the
premises of another, the owner or occupier of such enclosure or premises may take into
possession such animal or animals trespassing, and keep the same until damages, with
reasonable charges for keeping and feeding, and all costs of action be paid, to be
recovered in the circuit court, and any person who shall take or rescue any such animal so
taken up from the possession of the holder of the animal without such holder's consent,
shall be liable to a fine of not less than 3 nor more than 5 dollars for each of such
animals so rescued, to be recovered in the circuit court of the county where such offense
has been committed, for the use of the school fund of the proper county. Within 24 hours
after taking such animal into his or her possession, such holder of the animal shall give
notice to the owner thereof, if known, or if unknown, he or she shall post notices at some
public place near the premises.
Reviewed by AAHS in December 2001.
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