§ 8-75. Procedure as to animal being a rabies threat.

(a)

This section applies whenever any animal constitutes a rabies threat. Whenever any animal constitutes a rabies threat, the owner of such animal shall immediately notify a police officer or an animal control officer, who in turn shall notify the county animal control administrator.

(b)

The owner of any animal that constitutes a rabies threat shall immediately surrender such animal to the custody of a police officer, an animal control officer or the county animal control administrator for impoundment. Any person knowing or suspecting that any animal constitutes a rabies threat shall not allow such animal to be taken from such person's premises or beyond the corporate limits of the village without the prior written permission of a police officer, an animal control officer or the county animal control administrator. If any such owner fails or refuses to surrender such animal, any police officer or animal control officer may lawfully enter upon the premises where the animal is located and may seize and impound it for the purposes of this section.

(c)

Every physician shall, within 12 hours after the physician's first professional attendance upon any person bitten by an animal, report to a police officer or an animal control officer the name, age, sex, race and precise location of the person so bitten. When a physician is not in attendance of a person bitten by an animal, then any person in charge of or in control of or responsible for the person bitten shall report the incident to a police officer or an animal control officer and provide the name, age, sex, race and precise location of the person so bitten.

(d)

Whenever a police officer or an animal control officer determines that an animal constitutes a rabies threat, the animal shall be impounded or confined in a place selected by such police officer, animal control officer or the county animal control administrator and placed under observation of a licensed veterinarian, at the owner's expense, for a period of ten calendar days to determine whether such animal has rabies.

(e)

When evidence is presented that any animal was inoculated against rabies within the time prescribed by the Animal Control Act, such animal may be confined in the residence of its owner, or in a manner which will prevent such animal from biting any person or other animal for a period of ten calendar days, if a police officer, an animal control officer or the county animal control administrator adjudges such confinement satisfactory, but only if a police officer or an animal control officer is afforded the opportunity at any reasonable time to monitor such animal and examine it for symptoms of rabies. At any time, a police officer or an animal control officer may require a change in the conditions of confinement.

(f)

If required under the circumstances, a police officer or an animal control officer may humanely destroy an animal summarily if such animal constitutes a rabies threat.

(g)

If an animal is found to be suffering from rabies, such animal shall be humanely destroyed.

(h)

If any such animal dies while under observation, the head of such animal shall be sent to the state department of health for examination for rabies.

(i)

For the purposes of this section, if a trained dog used by any law enforcement officer in the course of law enforcement activities has bitten any person, such dog may be confined by having such dog continue in the custody of its police officer handler.

(j)

If an animal is known or suspected to have been bitten by an animal that constitutes a rabies threat or is otherwise suspected of being affected by rabies, whether or not the exposed animal has been inoculated against rabies, a police officer or an animal control officer may order such confinement or impoundment of any such exposed animal as may be appropriate.

(k)

Any animal that is confined or impounded pursuant to this section may not be released from confinement or impoundment, even after the passage of the period of confinement or impoundment, except upon written findings by a licensed veterinarian, satisfactory to a police officer, an animal control officer or the county animal control administrator, that the animal does not have rabies.

(Code 1977, § 5.4.2; Ord. No. 1867, 2-11-2003)

State law reference

Observation of animal that has bitten a person required, 510 ILCS 5/13.