Illinois Statewide Rule
Illinois Preempts Breed-Specific Dog Bans
Key Facts
- Statute
- 510 ILCS 5/24
- Preemption
- Breed-specific bans prohibited
- Allowed basis
- Individual dog conduct
- Effective
- Statewide since 2003
Summary
Illinois prohibits municipalities from declaring dogs dangerous or vicious solely based on breed under the Animal Control Act, requiring conduct-based determinations only.
Nothing in this Act shall be held to limit in any manner the power of any municipality or other political subdivision to prohibit animals from running at large, nor shall anything in this Act be construed to, in any manner, limit the power of any municipality or other political subdivision to further control and regulate dogs, cats or other animals in such municipality or other political subdivision provided that no regulation, policy or ordinance is specific to breed.
Full Breakdown
Section 24 of the Illinois Animal Control Act (510 ILCS 5/24) explicitly preempts local breed-specific legislation. No county or municipality may regulate dogs in a manner specific to breed. Dangerous and vicious dog determinations under 510 ILCS 5/15 and 5/15.1 must be based on individual conduct, such as biting humans or domestic animals without provocation. Local governments retain authority to regulate dogs through breed-neutral standards, including muzzling, confinement, and registration of individually-determined dangerous animals. This preemption protects pit bull, rottweiler, and similar breed owners from blanket municipal bans.
Violations & Penalties
Local breed-specific ordinances are unenforceable; owners may challenge in court.
Frequently Asked Questions
Can my Illinois city ban pit bulls?
What if my city has a breed-specific ordinance?
Sources
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