Whenever used in this Ordinance, unless a contrary intention is clearly evident, the following terms are used, as defined herein:
ADMINISTRATOR is appointed pursuant to the Illinois Animal Control Act, 510 ILCS 5/1, et seq.
ADMINISTRATOR, APPOINTMENT OF shall be made by the County Board Chairman with the consent of the County Board. Appointments shall be made as necessary to keep this position filled at all times. The Administrator may appoint as many Deputy Administrators and Animal Control Officers to aid him or her as authorized by the Board. The compensation for the Administrator, Deputy Administrators, and Animal Control shall be fixed by the Board. The Administrator may be removed from office by the County Board Chairman, with the consent of the County Board. The Board shall provide necessary personnel, training, equipment, supplies, and facilities, and shall operate pounds or contract for their operation as necessary to effectuate the program. The Board may enter into contracts or agreements with persons to assist in the operation of the program.
1. The Board shall be empowered to utilize monies from their General Corporate Fund to effectuate the intent of this Act.
2. The Board is authorized by ordinance to require the registration and microchipping of dogs and shall impose an individual animal and litter registration fee. All persons selling dogs or keeping registries of dogs shall cooperate and provide information to the Administrator as required by Board ordinance, including sales, number of litters, and ownership of dogs.
ANIMAL means every vertebrate creature, other than man.
ANIMAL, COMPANION means any dog, cat, or other animal that is commonly considered to be, or is considered by the owner to be, a pet.
ANIMAL CONTROL FACILITY is any facility licensed by the Illinois Department of Agriculture and approved by the Administrator for the purpose of enforcing this Ordinance and used as a shelter for seized, stray, homeless, abandoned or unwanted animals.
ANIMAL CONTROL OFFICER is any person hired by the Administrator to perform duties as set forth in this Ordinance and/or state statutes pertaining to animals.
ANIMAL, CONTROL OR RESTRAINT means any owned animal that is either secured by a leash or lead, or within the premises of its owner, or confined within a crate or cage, or confined within a vehicle, or on the premises of another person with the consent of that other person.
ANIMAL, EXOTIC shall include but is not limited to the following: Felis concolor (i.e. cougar, mountain lion, panther, puma, catamount, Florida panther); Panthera species (i.e. lion, tiger, leopard, jaguar, snow leopard); Neofelis (i.e. clouded leopard; Acinonyx (i.e. cheetah); Felis wiedi (i.e. margay); Felis lynx (i.e. lynx) Felis rufus (i.e. bobcat); Leopardus pardalis (i.e. Ocelot); Puma yagouaroundi (i.e. Jaguarundis); Hyaenidae (i.e. aardwolf, hyenas); Canis lupus (i.e. gray wolf, timber wolf, white wolf); Canis rufus (i.e. red wolf); Alopex lagopus (i.e. arctic fox, polar fox, white fox, blue fox); Urocyon cinereoargenteus (i.e. gray fox); Canis latrans (i.e. coyote); Ursidae (i.e. black bear, brown or grizzly bear, polar bear); Elephas sp. and Loxodonta sp. (i.e. elephants); non-human primates; Crocodilia (i.e. crocodiles, alligators, caimens); all species of the following families or genera of Squamata (snakes and lizards): Helodermatidae (i.e. Gila monsters); Elapidae (i.e. cobras, coral snakes, mambas, kraits); Hydrophiidae (i.e. sea snakes); Viperidae (i.e. adders, vipers and pit vipers); Atractaspididae (i.e. burrowing asps); Dispholidus typus (i.e. boomslang snake); Thelotornis kirtlandii (i.e. twig snake); Rhabdophis sp. (i.e. keelback snakes); Eunectes murinus (i.e. green anaconda); Python sebae (i.e. African rock python); Python molurus (i.e. Burmese python); Python reticulatus (i.e. reticulated python); Morelia amethistina (i.e. Amethystine python); or any other animal or reptile deemed dangerous by the McHenry County Health Department, Illinois Department of Agriculture, or Illinois Department of Conservation.
ANIMALS, FARM are species of fowl, sheep, goats, cattle, pigs, and equidae (i.e. horses, donkeys, mules).
ANIMAL REFUGE is any facility licensed by the United States Department of Agriculture and approved by the Administrator, which accepts seized, stray, homeless, abandoned or unwanted exotic animals.
ANIMAL, STRAY means any domestic animal with an unknown owner that is not under control and restraint.
BITE means seizure of a person with the jaws or teeth of any animal capable of transmitting rabies so that the person so seized has been wounded or pierced and further includes contact of the saliva of such animal with any break or abrasion of the skin.
BUSINESS DAY means any day including holidays that the animal control facility is open to the public for animal reclaims.
CAT is any member of the genus and species Felis catus.
CONFINED is restriction of an animal at all times by the owner or the owner's agent or the custodian to an escape-proof building, house, or other enclosure away from other animals and the public.
DANGEROUS DOG means a dog determined to be dangerous by the Animal Control Administrator following a dangerous dog investigation pursuant to this Ordinance.
DEPARTMENT is the McHenry County Department of Health.
DEPUTY ADMINISTRATOR is a veterinarian licensed by the State of Illinois, appointed by the Administrator.
DOG is any member of the genus, species and subspecies Canis lupus familiaris.
DOG BREEDER is any person who allows a male or female dog that they own to reproduce, and that dog breeder, when registered annually with the Department, is eligible to receive a discounted dog registration fee pursuant to § 8.04.840 of this Ordinance.
EDUCATIONAL INSTITUTION is any facility licensed by the United States Department of Agriculture and which keeps exotic animals with the sole purpose and practice of educating people in regard to the species' value and natural history.
ENCLOSURE means a fence or structure of at least 6 feet in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of a vicious dog within the enclosure. Additional measures to ensure the animal is not able to escape by digging under the fence line should be taken. If the enclosure is a room within a residence, it cannot have direct ingress from or egress to the outdoors unless it leads directly to an enclosed pen, and the door must be locked. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping from the enclosure. A vicious dog may be allowed to move freely within the entire residence if it is muzzled at all times.
FERAL CAT is a cat that (1) is born in the wild or is the offspring of an owned or feral cat and is not socialized, or (2) is a formerly owned cat that has been abandoned and is no longer socialized, or (3) lives on a farm and is not socialized.
GUARD DOG means a dog specifically trained for guard duties, or a dog used in a commercial business for the purpose of protection and security, or a dog used by a county or municipal police department for the purposes of patrol and protection, or a dog used in agriculture for the purposes of protecting livestock.
IMPOUNDED means taken into the custody of the Administrator and/or his or her authorized agent.
INTACT ANIMAL means an animal that has not been surgically spayed or neutered.
INOCULATION AGAINST RABIES is the injection of a rabies vaccine approved by the United States Department of Agriculture and administered by a licensed veterinarian.
LEASH is a cord, rope, strap, or chain, which shall be securely fastened to the collar or harness of a dog, cat or other animal and shall be of sufficient strength to keep such dog, cat or other animal under control.
LICENSED VETERINARIAN is a veterinarian licensed by the State of Illinois to engage in the practice of veterinary medicine.
MICROCHIP is a passive radiofrequency identification device placed by hypodermic injection under the skin of an animal for permanent identification.
OWNER means any person having a right of property in an animal, or who keeps or harbors an animal, or who has an animal in his or her care, or acts as its custodian, or who knowingly permits a dog, cat or other animal to remain on or about any premises occupied by him or her.
PERSON is any individual, firm, corporation, partnership, society, association or other legal entity, any public or private institution, municipal corporation, or political subdivision, or any other business unit.
POTENTIALLY DANGEROUS DOG means a dog that may reasonably be assumed to pose a threat to public safety as demonstrated by any of the following behaviors:
1. Causing an injury to a person that is less than severe.
2. Causing an injury to a domestic animal that is less than severe.
3. Without provocation, chasing, menacing a person or a domestic animal in an aggressive manner.
4. Acts in a highly aggressive manner within a fenced yard/enclosure and appears to a reasonable person able to jump over or escape the fencing or enclosure.
5. A dog that is unsupervised and found running at large with 3 or more other dogs.
PUBLIC CHARGE is any animal who becomes the financial responsibility of the County.
PUBLIC NUISANCE means any animal or animals which molests or attacks passers-by or passing vehicles; attacks another animal; trespasses on school grounds; is found running at large; damages private or public property; or barks, whines or howls in an excessive, continuous untimely fashion.
PHYSICAL INJURY is the impairment of a physical condition.
PHYSICAL INJURY, SERIOUS means a physical injury that creates a substantial risk of death or that causes death, serious disfigurement, protracted impairment of health, impairment of the function of any bodily organ, or requires plastic surgery.
RESTRAINT within the meaning of this Ordinance, requires a dog, cat or other animal, off the premises of the dog, cat, or other animal owner's owned or real property to be controlled by a leash and held by a competent person capable of controlling such animal; within a vehicle being driven, parked or stopped; accompanied by a person competent in commonly accepted methods of control.
RUNNING AT LARGE means any owned domestic animal that is not under control and constraint, or on its owner's property.
SHELTER, ADEQUATE means a structurally sound, properly ventilated, sanitary and weatherproof shelter suitable for the species, condition and age of the animal, which provides access to shade from direct sunlight and regress from exposure to inclement weather conditions. The size of the shelter should allow adequate freedom of movement and normal postural adjustments. The condition of the shelter should be such as to not exacerbate existing weather conditions, e.g., a metal doghouse in the hot sun.
SUPPORT DOG is a dog trained by a recognized organization to assist the handicapped.
TETHER means to restrain by tying to an object or structure, including, without limitation, a house, tree, fence, post, garage, shed, or clothes line at a person's residence or business, by any means, including, without limitation, a chain, rope, cord, leash, or running line.
VICIOUS DOG is a dog that, without justification, attacks a person and causes serious physical injury or death or any individual dog that has been found to be a "dangerous dog" upon three (3) separate occasions.
(Ord. O-201711-51-031, passed 11-14-2017; Ord. —, passed 3-16-2020)