A. Biting Dogs, Cats or Other Animals: It is unlawful for any person having direct knowledge that any person has been bitten by a dog, cat or other animal capable of transmitting rabies, to refuse to notify the Administrator immediately.
1. It is unlawful for the owner of such biting dog, cat, or other animal to euthanize, sell, give away, or otherwise dispose of any such dog, cat, or other animal known to have bitten a person, until it is released by the Administrator.
2. It is unlawful for the owner of such biting dog, cat, or other animal to refuse or fail to comply with the written or printed instructions made by the Administrator. If such instructions cannot be delivered in person, they shall be mailed to the owner by regular mail, postage prepaid. The affidavit or testimony of the Administrator delivering or mailing such instruction is prima facie evidence that the owner of such dog, cat, or other animal was notified of his or her responsibilities.
3. Any expense incurred in the handling of any dog, cat, or other animal under this Section shall be borne by the owner. For the purpose of this Section, the word "immediately" means telephone, in person, email, or by other than use of ground mail.
4. A public safety fine of $25 shall be assessed to the owner of a biting animal.
B. Physician Verification: It is within the scope of this Ordinance that the Administrator may request physician verification of the reported bite.
C. Rabies Observation Period:
1. When the Administrator receives information that any person has been bitten by an animal the Administrator shall either:
a. Impound the biting animal at the discretion of the Administrator or his or her designee; or
b. Require the owner to confine the biting animal under the direction of a licensed veterinarian for a period of ten (10) days beginning within twenty-four (24) hours of the biting incident; or
c. Require hospital confinement if:
(1) The biting animal is more than four (4) months of age and is not currently vaccinated against rabies; or
(2) The biting animal inflicts a serious bite to a person; bites a person while on home confinement for a prior bite; is on home confinement and is reported to be running at large, or not adequately restrained by its owner; or requires confinement as deemed necessary by the administrator.
d. Allow the biting animal to be confined on the premises of its owner in a manner that will prohibit it from biting any person if the Administrator or a licensed veterinarian finds:
(1) The biting animal is currently vaccinated for rabies; or
(2) The biting animal is an unvaccinated dog or cat under the age of four (4) months; or
(3) Hospital confinement is not practical or feasible. When a licensed veterinarian finds hospital confinement is not practical or feasible, he or she shall confer with the Administrator.
2. When confinement of the biting animal is allowed in the home of the owner, the owner shall present the animal to a veterinarian for a rabies observation examination within twenty-four (24) hours of the bite; and return the animal to the veterinarian on the 10th day after the rabies observation. The animal's health shall be reported by the veterinarian to the McHenry County Department of Health's Veterinary Public Health Division on the first and tenth day of the observation period for rabies. All biting animals must be microchipped no later than the 10th day after the rabies observation period unless the owner has requested euthanasia of the biting animal. Such veterinarian shall report the clinical condition of the dog or other animal immediately, with confirmation in writing to the Administrator within twenty-four (24) hours after the dog or other animal is presented for examination, giving the owner's name, address, the date and location of confinement, the animal's name, the breed description, age, microchip number, and sex of such dog or other animal, on appropriate forms approved by the McHenry County Department of Health.
3. The Department may permit the confinement period to be reduced to less than ten (10) days following a bite when:
a. It is deemed advisable for humane reasons, i.e., injury, health or disease conditions; or
b. The owner has requested euthanasia of the biting animal; or
c. The animal is deemed a stray by the Administrator.
4. When an animal is confined for a period of less than ten (10) days, for one of the above three reasons, it shall be euthanized and the brain submitted directly to a recognized laboratory for diagnostic testing.
D. Non - Compliance with Rabies Quarantine:
1. Failure to submit the biting animal to a veterinarian for rabies observation within one (1) business day constitutes a violation of this Ordinance. Each day of non-compliance will constitute a separate offense subject to fines.
2. Failure to return a biting animal under home observation to a veterinarian for examination will constitute a violation of this Ordinance. Each day of non-compliance will constitute a separate offense subject to fines.
3. It is a violation of this Ordinance for an owner, or his or her agent, to sell, kill, give away, or otherwise dispose of any animal that is known to have bitten a person within a ten (10) day period of the bite.
4. No person shall remove from any place of confinement any animal which has been confined as authorized by the Administrator without the consent of the Administrator.
E. Dogs in Law Enforcement: When a person has been bitten by a police dog, the police dog may continue to perform its duties for the peace officer or law enforcement agency and any period of rabies quarantine may be under the supervision of a peace officer. The supervision shall consist of the dog being locked in a kennel, performing its official duties in a police vehicle, or remaining under the constant supervision of its police handler. In the event the dog dies before the conclusion of the ten (10) day rabies quarantine period, the Administrator must be informed of the event and the dog's body must be made available for diagnostic testing.
(Ord. O-201711-51-031, passed 11-14-2017; Ord. —, passed 3-16-2020)