A. Running At Large: Dogs, cats and other animals running at large are prohibited.
1. No owner of a dog, cat, or other animal shall cause or permit such animal to run at large, at any time, in any area, public or private, without the property owner's consent in McHenry County. All dogs, cats and other animals kept in any area in McHenry County shall be restrained and/or controlled, as defined by this Ordinance, in such a manner as to prevent such dog, cat or other animal from running at large. Any dog, cat or other animal found running at large in violation hereof, is hereby declared a public nuisance and shall be apprehended and impounded in the manner provided by this Ordinance.
The Administrator, or his or her authorized agent, shall capture and impound any such animal. The Administrator, or his or her authorized agent, shall, immediately upon impounding any dog, cat or other animal make complete registry and enter therein the breed, color and sex of such dog, cat or other animal.
2. A dog, cat, or other animal found running at large contrary to the provisions of this Ordinance a second or subsequent time must be spayed or neutered and microchipped within thirty (30) days after being reclaimed, unless already spayed or neutered and microchipped; and failure to comply shall result in impoundment of the dog, cat or other animal.
B. Running at Large Exemptions: A dog that is actively engaged in a legal hunting activity, including training, is not considered to be running at large if the dog is on land that is open to hunting or on land on which the person has obtained permission to hunt or to train a dog. A dog that is in a dog-friendly area or dog park is not considered to be running at large if the dog is monitored or supervised by a person.
C. Impoundment:
1. a. When dogs, cats or other animals are apprehended and impounded by the Administrator, or his or her authorized agent, they must be scanned for the presence of a microchip. The Administrator shall make every reasonable attempt to contact the owner as soon as possible. The Administrator shall give notice of not less than seven (7) business days to the owner. Such notice shall be mailed to the last known address of the owner. An affidavit or testimony of the Administrator, who mails such notice, shall be prima facie evidence of the receipt of such notice by the owner of such animal.
b. In case the owner of any impounded dog, cat, or other animal desires to make redemption thereof, they may do so by complying with the following:
(1) Presenting proof of ownership;
(2) Presenting proof of rabies vaccination and registration, if applicable;
(3) Paying for the rabies vaccination of the dog or cat and registration, if applicable (see section E. Redemption or Adoption and Vaccination below);
(4) Paying Animal Control for the boarding of the dog or cat or other animal for the period that it was impounded, per the fee schedule in the Public Health Fee Ordinance;
(5) Paying Animal Control an additional impound fee as prescribed in the Public Health Fee Ordinance and all other costs incurred; and
(6) Paying for microchipping and registration if not already done. All companion cats and dogs will be microchipped at redemption if not already done.
c. The payments required for redemption under this Section shall be in addition to other penalties invoked under this Ordinance, the Illinois Animal Control Act, and the Illinois Public Health and Safety Animal Population Control Act.
2. If no owner is known through the display of a McHenry County rabies tag, microchip identification or other form of identification the stray dog, cat or other animal shall be held for a period of seven (7) business days. If after that time no owner has come forward or been identified, the animal may be disposed of in accordance with the provisions of this Ordinance.
3. Stray livestock shall be handled in a manner consistent with the Illinois Domestic Animals Running at Large Act.
4. Any animal on any public way or public place, or which has strayed onto private premises and which appears to be injured or severely diseased and for which care is not being provided by the owner shall be removed, if possible, by the Administrator or his or her authorized agent, or any law enforcement agency. If immediate removal is not practical or possible, or if the animal is in critical condition, such animal may be deprived of life by the most humane method available, unless the owner comes forward beforehand and assumes responsibility for immediate removal and care.
5. The Administrator need not maintain animals for the above time if they are determined by a licensed veterinarian to be diseased or critically ill or critically injured.
D. Non-Redemption/Adoption/Spaying or Neutering:
1. When not redeemed by the owner, agent, or caretaker, an animal that has been impounded in accordance with the provisions of this Ordinance shall be offered for adoption or made available to a licensed humane society or rescue group. If no placement is available, the animal may be euthanized in accordance with the Illinois Euthanasia in Shelters Act.
2. Live animals shall not be used for research purposes, nor released to any individual, organization or educational institution for research or experimental purposes or sold, transferred or held for such purposes.
3. An unredeemed dog or cat shall not be released for adoption unless the animal has been microchipped and spayed or neutered. A person wishing to adopt an animal prior to the surgical procedure shall have executed a written agreement promising to have such service performed within 30 days of adoption. Failure to fulfill the terms of the agreement shall result in seizure and impoundment of the animal by the Administrator, or his or her authorized agent. Additional penalties may be imposed.
E. Redemption or Adoption and Vaccination:
1. An owner redeeming an unvaccinated dog or cat over four (4) months of age, or any person adopting a dog or cat over four (4) months of age which has been impounded, shall cause such dog or cat to be officially vaccinated against rabies within ten (10) days after removing such animal from McHenry County Animal Control. Dogs or cats under four (4) months of age which are redeemed or adopted shall be caused by the owner to be vaccinated against rabies within thirty (30) days after reaching four (4) months of age.
2. This Ordinance shall not prevent humane societies from engaging in activities set forth by their charters, provided, they are not inconsistent with provisions of this Ordinance and other existing laws. Any person purchasing or adopting such a dog or cat with or without charge or a donation must pay for the rabies vaccination of such dog or cat and registration if applicable.
F. Animals on Public Property: It shall be unlawful for any dog, cat or other animal even though on a leash, to be present at or upon any school premises, public playground, park other than a dog park, public beach or public swimming pool, unless permission is granted by the agency which has jurisdiction over same. The provisions of this Section shall not apply to working support dogs or police dogs.
G. Female Animals in Heat: All dogs and cats in heat (estrus) shall be confined in a building or secure enclosure and attended in such a manner that such female cat or dog cannot come into contact with a male of the same species except for planned breeding.
H. Damage to Property: The owner of any dog, cat or other domestic animal shall not permit such dog, cat or other domestic animal to injure, destroy or carry any vegetable, plant, fruit, shrub, tree, flower or other thing which may be on or which may be planted or seeded on the property of another or on public property. These provisions do not exclude any civil liability for damage to property by a dog, cat or other domestic animal.
I. Accumulation of Feces: No person shall allow any dog, cat, or other companion animal's feces to accumulate in any yard, pen or premises in or upon which a dog, cat, or other companion animal shall be confined or kept so that it becomes offensive to those residing in the vicinity or a health hazard to the residing dog, cat, or other companion animal.
J. Removal of Feces: No person shall fail to remove feces deposited by their dog, cat, or other companion animal, except support dogs, upon the public ways, or within the public places of the County, or upon the premises of any person other than the owner without that person's consent.
K. Barking Dogs: No owner or person in the possession, custody or control of a dog, shall allow the dog to bark, whine, howl or emit loud noises day or night in an excessive, continuous manner and/or at an untimely hour so as to disturb the peace and quiet of any person, place or neighborhood. Any dog emitting such noises shall be deemed and considered to be a public nuisance. Any person who shall fail, neglect or refuse to abate such nuisance after notice thereof, shall, be deemed to have committed a violation of this Ordinance and be subject to like penalty as such.
L. Destruction of Livestock: Any owner seeing his or her livestock, (including but not limited by enumeration to: sheep, goats, cattle, horses, mules, swine or poultry) being pursued, chased, worried, wounded, or killed by a dog, not accompanied by, or not under the supervision and control of, its owner, may pursue and kill such dog while it is presenting a threat.
M. Claims for Destruction of Livestock:
1. Any owner having sheep, goats, cattle, horses, mules, swine, or poultry or other livestock killed or injured by a dog shall, according to the provisions of the Illinois Animal Control Act and upon filing claim and making proper proof, be entitled to receive reimbursement for such losses from the Animal Control Fund, provided the owner is a resident of this State and such injury or killing is reported to the Administrator within twenty-four (24) hours after such injury or killing occurs, and the owner provides an affidavit stating the number of such animals or poultry killed or injured, the amount of damages and the name of the owner of the dog causing such killing or injury, if known. The damages referred to in this Section shall be substantiated by the Administrator through prompt investigation and by not less than two (2) witnesses. The Administrator shall determine whether the provisions of this Section have been met and shall keep a record in each case of the names of the owners of the animals or poultry, the amount of damages proven, and the number of animals or poultry killed or injured.
2. The Administrator shall file a written report with the County Treasurer as to the right of the owner of sheep, goats, cattle, horses, mules, swine, or poultry or other livestock killed, to be paid out of the Animal Control Fund, and the amount of such damages claimed. The County Treasurer shall, on the first Monday in March of each calendar year, pay to the owner of the animals or poultry, the amount of damages to which he is entitled.
N. Claims for Destruction:
1. The damages allowed for grade animals or poultry shall not exceed the following amounts:
a. For goats killed or injured, $30.00 per head.
b. For cattle killed or injured, $300.00 per head.
c. For horses or mules killed or injured, $200.00 per head.
d. For swine killed or injured, $50.00 per head.
e. For turkeys killed or injured, $5.00 per head.
f. For sheep killed or injured, $30.00 per head.
g. For all poultry, other than turkeys, $1.00 per head.
h. Other livestock species: $50 per head.
2. The maximum amounts herein set forth may be increased fifty percent (50%) for animals for which the owner can present a certificate of registry of the appropriate breed association or organization. However, if there is not sufficient monies in the portion of the fund set aside as provided in (510 ILCS 5/7) (from Ch. 8, par. 357) Sec. 7. of the Illinois Animal Control Act to pay all claims for damages in full, then the County Treasurer shall pay to such owner of animals or poultry their pro rata share of the monies available.
3. If there are funds in excess of amounts paid for such claims for damage in that portion of the Animal Control Fund set aside for this purpose, this excess shall be used for other costs of the program as set forth in this Ordinance.
O. Dead Animals: Any person having a dead animal or parts of a dead animal, within their possession or control or upon any premises owned or occupied by such person shall dispose of said animal or animal parts, in compliance with the Illinois Dead Animal Disposal Act within twenty-four (24) hours.
P. Managed Feral Cat Colony:
1. It is unlawful for any person to intentionally provide food, water, or other forms of sustenance to a feral cat or feral cat colony unless the feral cat is maintained in an approved managed feral cat colony under a Department approved organization.
2. In order to be an approved managed feral cat colony, the person caring for the cats must:
a. Ensure that the colony is restricted to a well-defined safe area, and not on lands managed for wildlife or other natural resources (i.e. state parks, wildlife refuges, etc.) Written permission of the landowner shall be obtained and notarized when colony manager is not the property owner.
b. Register the colony with a Department approved organization, licensed by the Illinois Department of Agriculture. The approved organization must file reports including but not limited to location of colonies with Animal Control as requested.
c. Provide adequate shelter, which provides protection from the elements, and have photographs available of the site upon request.
d. Shall be required to humanely capture and provide for:
(1) Health examination;
(2) Serology screening test, for those being removed for adoption as a minimum and any ill cats or as deemed by veterinarian, for infectious diseases (Felv & FIV), and euthanasia or isolation indoors of those which test positive;
(3) Maintenance of an ongoing health care program which provides vaccinations, medical and/or surgical care and parasite control;
(4) Sterilization;
(5) Removal of kittens and adoptable adult newcomers;
(6) Left ear tipping and micro-chipping for those which have been spayed or neutered and returned to colony or placed in a barn home;
(7) Removal from, return to the colony, or euthanasia of those cats that cannot be socialized, as determined by the approved organization responsible for the colony;
(8) Rabies vaccination as recommended by vaccine manufacturer.
e. Have an approved written program of educational training, which shall be provided for all caregivers. This shall include uniform standards and procedures for colony maintenance, as well as public health, occupational safety and environmental issues. Training is to be provided by the approved organization.
f. Provide notification to Animal Control as requested the street a colony is located.
g. All cages, traps and carriers used for colonies must be clearly marked with organization's name and phone number.
h. Remove nuisance cats from the colony and euthanize, isolate indoors or put in a barn cat program.
i. Not relocate any cat to another colony within McHenry County.
Q. Removal of Colony by Animal Control:
1. The Department has the right to seize and remove all, or parts of, any colony for any reason including but not limited to:
a. Public health and public safety concerns including rabies, other epizootic and certain zoonoses identified by the Department.
b. Animals creating a public nuisance or which are in violation of any section of this ordinance.
c. In the event the caretaker and/or approved organization fails to comply with the requirements of this section.
d. Any and all fines incurred as a result of the Department having to trap, remove, board or provide other services are the responsibility of the approved organization.
2. When feasible the colony manager and the approved organization will be notified by the Department at least 48 hours before removal of any animal from the colony.
R. Nuisance wildlife:
1. Any person wishing to remove nuisance wildlife from his or her property must obtain a license or permit from the Illinois Department of Natural Resources or hire a properly licensed or permitted individual or corporation for nuisance wildlife removal.
2. This section does not apply to furbearer trapping as regulated by the Illinois Department of Natural Resources.
(Ord. O-201711-51-031, passed 11-14-2017; Ord. —, passed 3-16-2020)