A. Violation: When a violation of § 8.04.920 of this Ordinance has been committed, an Animal Control Officer will furnish the violator, if known, with a notice of violation, and state what action is necessary to come into compliance with this Ordinance, and that a maximum of forty-eight (48) hours may be granted in which to take corrective action.
B. Impounding Animals:
1. In the event that the Administrator finds that a violation of this Ordinance has rendered an animal in such a condition that no remedy or corrective action by the owner is possible, the Administrator may impound the animal(s).
2. If a violator fails or refuses to take corrective action necessary for compliance with § 8.04.920 of this Ordinance, the Administrator may impound the animal(s).
3. If the animal is impounded, it shall be impounded at a location where the elements of good care can be provided, and where such animal shall be examined and treated by a licensed veterinarian, or if the animal is severely injured, diseased, or suffering, humanely euthanized.
4. Emergency impoundment may be exercised in a life-threatening situation and the subject animal shall be conveyed directly to a licensed veterinarian for medical services necessary to sustain life or to be humanely euthanized as determined by the veterinarian.
5. All costs relating to the impoundment of the animal shall be borne by the owner.
C. Notice of Impoundment:
1. A notice of impoundment shall be given by the Administrator to the violator, if known, in person or sent by certified or registered mail. If the Department is not able to serve the violator in person or by registered or certified mail, the notice shall be given by publication in a newspaper of general circulation in the county in which the violator's last known address is located. The notice of impoundment shall include the following: listing of deficiencies noted, an accurate description of the animal or animals involved, the date on which the animal or animals were impounded, the signature of the investigator, and a statement that the violator may request an appeal of the impoundment pursuant to McHenry County Public Health Ordinance, Article I, § 8.04.040 within seven (7) business days after impoundment of the animal(s).
2. Return to the owner may be denied or withheld until the owner has made full payment for all expenses incurred and for any accrued charges.
3. If the impoundment is not appealed, within seven (7) business days of the impoundment, the animal is forfeited by operation of law and the Administrator may lawfully and without liability provide for adoption of the animal, or it may be humanely euthanized. The person who forfeited the animal or a person dwelling in the same household as the person who forfeited the animals may not adopt it.
4. No matter what the disposition of the animal in the appeal, the owner is subject to, and responsible for, any and all violations and expenses which may ensue.
D. Posting Security for the duration of the appeal process: If McHenry County Animal Control or a facility designated by McHenry County Animal Control has custody of the animal(s), the Administrator, or his or her authorized agent, may file a petition with the court requesting that the owner be ordered to post security. The security must be in an amount sufficient to cover payment of all reasonable expenses expected to be incurred by Animal Control or its designee in caring for and providing for the animal(s) pending the determination. Reasonable expenses include, but are not limited to, estimated medical care and boarding of the animal for thirty (30) days. If security has been posted in accordance with this Section, the Administrator, or his or her authorized agent, may draw from the security the actual costs incurred by Animal Control in caring for the animal(s).
1. Upon receipt of a petition, the court must set a hearing on the petition, to be conducted within five (5) business days after the petition is filed. The petitioner must serve a true copy of the petition on the defendant.
2. If the court orders the posting of security, the security must be posted with the clerk of the circuit court within five (5) business days after the hearing. If the person ordered to post security does not do so, the dog is forfeited by operation of law.
(Ord. O-201711-51-031, passed 11-14-2017; Ord. —, passed 3-16-2020)