A. Fines:
1. Any person violating any provision of this Ordinance, or aiding in or abetting a violation, or counterfeiting or forging any certificate or tag, or making any misrepresentation in regard to any matter prescribed by this Ordinance, or resisting, obstructing or impeding the Administrator or his or her designated agents in enforcing this Ordinance, shall be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00).
i. Power to control nuisances.
A. Inspections after or Limiting defendant's domestic animals after:
1. a judicial or administrative finding of guilt, for any of the offenses in this Article;
2. a guilty plea, whether entered in judicial or administrative proceedings, to any of the offenses in this Article;
3. any impoundment of any animal for a violation of § 8.04.920; or
4. a settlement of a violation of this Article.
B. Inspections: At the discretion of the judge, the Veterinary Public Health Division shall be entitled to one or more inspections every 3 months of the property of any defendant convicted of any animal nuisance, animal cruelty, dangerous or vicious dog declaration, or other Reckless Owner violation as defined in § 8.04.830 Definitions.
C. Limiting: Upon recommendation of the Administrator, the court may, in its discretion, set the number of domestic animals that a defendant may care for during the three years following an outcome as listed above.
D. "Reckless dog owner" means one who (1) has committed three or more violations of this Article relating to dogs within a 36 month period; (2) has committed one or more violations of this Article relating to dogs after having a dog owned by him or her declared to be dangerous or potentially dangerous; or (3) has committed one or more violations of this Article relating to dogs after having a dog owned by him or her declared to be vicious.
In relation to reckless dog owners only, violation means (1) a conviction, including a judicial or administrative finding of guilt, for any of the offenses under this Chapter relating to dogs; (2) a guilty plea, whether entered in judicial or administrative proceedings, to any of the offenses under this Article relating to dogs; (3) any impoundment of any dog for a violation of this Article; or (4) a settlement of a violation of this Article relating to dogs pursuant to § 8.04.860. Multiple offenses on the same day at the same time for the same dog will count as one violation. The violations need not involve the same dog.
2. The minimum fine for failure to register a dog or cat in accordance with the requirements of shall not be less than two hundred dollars ($200.00) for the first offense and up to $1,000.00 for subsequent offenses.
3. The minimum fine for a dog running at large on school property or at a daycare facility shall be not less than four hundred dollars ($400.00) for the first offense and up to $1,000.00 for subsequent offenses.
4. The minimum fine for a dog, cat or other animal running at large (except dog parks) when an Animal Control Officer intervenes shall be one hundred fifty dollars ($150.00) for the first offense, three hundred dollars ($300.00) for the second offense, and for each subsequent offense, up to one thousand dollars ($1,000.00).
5. The minimum fine for all dogs, cats or other animals reported to be running at large (except dog parks) with no Animal Control Officer intervention shall be not less than fifty dollars ($50.00) for the first offense, one hundred dollars ($100.00) for the second offense, and for each subsequent offense, up to one thousand dollars ($1,000.00).
6. The minimum fine for any dog that has been declared dangerous or vicious running at large shall be two hundred dollars ($200.00) for the first offense, four hundred dollars ($400.00) for the second offense and up to one thousand dollars ($1,000.00) for each subsequent offense.
7. The minimum fine for any dog that has been declared dangerous or vicious out of compliance with the requirements of § 8.04.840 shall not be less than three hundred dollars ($300.00) for the first offense and up to one thousand dollars ($1,000.00) for subsequent offenses.
8. The minimum fine for any dog that has been declared dangerous or vicious out of compliance with the requirements of § 8.04.890 shall not be less than one hundred dollars ($100) for the first offense, two hundred dollars ($200) for the second offense and up to one thousand dollars ($1,000) for each subsequent offense.
9. The minimum fine for failure to comply with the rabies initial observation or release requirements in § 8.04.880 of this Ordinance shall be two hundred dollars ($200.00).
10. The owner of a biting animal must remit a $25 public safety fine to the McHenry County Animal Control.
11. Each occurrence of failure to comply with this Ordinance constitutes a separate offense.
B. Remedies:
1. In addition to any other remedy that may be available to the Department in this Ordinance or in any State Statute, the Department may issue a ticket in those instances where any person violates, or aids in or abets the violation of, any provision of this Ordinance. Said ticket shall require the offender to pay the minimum fine as set forth herein.
2. In lieu of a ticket, or if such ticket remains unpaid, a Notice to Appear in the McHenry County Circuit Court may be served on any person who violates, or aids in or abets, the violation of, any provision of this Ordinance. The Administrator, or his or her designee, shall serve as the Code Enforcement Officer, as that term is used in Illinois Supreme Court Rules regarding ordinance violations, and may sign and deliver any such Notices to Appear. Service of the Notices to Appear may be done via hand delivery, first-class mail, or certified mail.
(Ord. O-201711-51-031, passed 11-14-2017; Ord. —, passed 3-16-2020)