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McHenry County, IL Public Health Rules: Rodent Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Enforcing agency
McHenry County Department of Health
Fine range
$100 to $1,000 per day
Notice cure period
10 days after written notice
Applies to
Unincorporated McHenry County only
Emergency abatement
Court order, owner pays cost

Summary

In unincorporated McHenry County, keeping a garbage container that isn't vermin- and rodent-proof is a declared public health nuisance under § 8.04.080(C). Letting a structure or lot become infested with pests that can spread disease, or failing to remove the conditions that invite them, violates § 8.04.080(D). The McHenry County Department of Health enforces both provisions with written notices and misdemeanor fines.

These county ordinances apply to unincorporated areas of McHenry County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

The following are declared public health nuisances prejudicial to the public health: ... C. Maintaining garbage contains, which are not vermin and rodent proof. D. Allowing any infestation in a structure or on a property of pests or vermin that may be involved in transmission of communicable diseases or failing to remove conditions in a structure or on a property that may permit such infestation.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-5: Supplement contains: Local legislation current through Ord. A25-0037, passed 8-19-2025 | State legislation current through ALS 2025 Pamphlet No. 1).

Full Breakdown

McHenry County Public Health Ordinance § 8.04.080 lists the conditions the County Board has declared public health nuisances for unincorporated territory. Subsection (C) targets garbage containers that are not vermin and rodent proof; subsection (D) separately bars any infestation of pests or vermin capable of transmitting communicable disease, and bars leaving in place the conditions on a structure or property that let an infestation take hold. Neither subsection sets a container-material specification; inspectors from the McHenry County Department of Health judge compliance by whether the container actually keeps rodents and vermin out.

Enforcement runs through § 8.04.030. A Department enforcing officer may inspect a property, and on finding a violation must issue a written notice under § 8.04.030(E) that cites the specific subsection violated, gives the owner up to ten days to correct it, and explains the right to seek a Health Authority review within that same ten-day window. The Health Authority must respond to a review request within ten business days. If the Health Authority instead finds an immediate danger to public health, § 8.04.030(K) lets the Department seek a court order for emergency abatement without prior notice, with the property owner bearing the abatement cost.

Under § 8.04.050, a person who maintains a nuisance under § 8.04.080 or otherwise violates the Public Health Ordinance is guilty of a misdemeanor punishable by a fine of not less than $100 and not more than $1,000, and each day the violation continues is a separate offense. The Department may also sue in McHenry County Circuit Court, working with the State's Attorney's Office, to enjoin the nuisance and force its abatement.

Violations & Fines

Violating § 8.04.080(C) or (D) is a misdemeanor under § 8.04.050: a fine of $100 to $1,000, with every additional day of noncontinued compliance charged as a new offense. The Department of Health can also go to Circuit Court, in cooperation with the State's Attorney's Office, for an injunction forcing abatement, and may pursue emergency court-ordered abatement under § 8.04.030(K) when conditions pose an immediate danger, billing the cleanup to the owner.

Frequently Asked Questions

Does McHenry County require a specific type of garbage can to stop rodents?
No. Section 8.04.080(C) doesn't name a material or design; it simply bars maintaining a garbage container that isn't vermin and rodent proof. A County health inspector who finds rodents or vermin able to access a container can cite it as a public health nuisance and issue a written correction notice under § 8.04.030.
How long do I have to fix a rodent infestation after a County notice?
Ten days from the date of the written notice, per § 8.04.030(E). The notice must state which subsection of § 8.04.080 you violated and explain how to fix it; you can also request a Health Authority review in writing within that same ten-day period before further action is taken.
What's the penalty if I don't fix a rodent problem in McHenry County?
Section 8.04.050 makes it a misdemeanor, with a fine between $100 and $1,000, and every day the condition continues counts as its own violation. The Department can also sue in Circuit Court, with the State's Attorney's Office, for an injunction ordering the nuisance abated.

Sources & Official References

Other rules in McHenry County

All McHenry County rules

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