[Adopted 8-21-2007 by Ord. No. 4-07]
A.
Title. This article shall be known and cited as the
"Price County Rabies Control Ordinance."
B.
When effective. This article shall be effective upon
passage and publication.
D.
Administration. This article shall be administered
by the Health Officer, or designee, in cooperation with the Health
and Human Services Board and the appropriate state agencies. The Health
Officer shall have the power to ensure compliance with the intent
and purpose of this article by any means possible under the law.
E.
Interpretation. The provisions of this article shall
be interpreted to be minimum requirements and shall be liberally construed
in favor of Price County and shall not be deemed a limitation or repeal
of any power granted by the Wisconsin Statutes.
This article is adopted pursuant to the authority
granted by Chs. 95, 250 and 252, Wis. Stats., and Wisconsin Administrative
Code § DHS 145.05(1) and (2).
Medical science has established that a number
of small animals, including dogs, cats and ferrets, carry an infection
commonly referred to as "rabies" which can be transferred to humans.
This article is enacted as a public health measure to protect persons
from infection as a result of a dog, cat or ferret bite.
The following definitions apply throughout the
entire article. All other words not specifically defined in this article
shall be defined as set forth in any applicable State of Wisconsin
regulations, and if not defined otherwise the standard dictionary
definition of the word shall apply.
Any of the order Mammalian, all of which are capable of being
infected with and transmitting rabies.
A public facility that is maintained by a government entity,
or a private facility providing contractual services to a government
entity, for the purpose of impounding or harboring animals.
The breaking, tearing or puncturing of the skin by the teeth
of an animal.
Any domestic feline animal (Felis catus).
Describes an animal that has received a primary rabies vaccine,
or has received a booster vaccine, administered in accordance with
the current Compendium of Animal Rabies Prevention and Control prepared
and updated annually by the National Association of State Public Health
Veterinarians. Rabies vaccination must be performed by or under the
direct supervision of a veterinarian who is licensed or legally permitted
to practice veterinary medicine in the state.
Any domestic canine animal (Canis familiaris).
Any domestic mustelidae animal (Mustela putorius furo).
An officer appointed under § 173.03, Wis. Stats.
[§ 95.21(1)(a), Wis. Stats.]
The owner's spouse and dependents as defined for federal
income tax purposes.
Confinement of an animal exposed or potentially exposed to
rabies.
A humane society shelter, veterinary hospital, or municipal
pound, or any other place specified by an officer which is equipped
with a pen or cage which isolates the animal from contact with other
animals. [§ 95.21(1)(am), Wis. Stats.]
Saliva from an animal has come in contact with an open wound
or a mucous membrane.
A peace officer, local health officer, as defined in § 250.01(5),
Wis. Stats., humane officer, warden, an employee designated by the
County Board of Supervisors or other person designated by the governing
body of the County, city, village or town.
A person who keeps, harbors, or has charge or control of
or permits any animal to habitually be or remain on, or be lodged
or fed within, his or her house, yard, or premises. This term shall
not apply to veterinarians or kennel operators who have temporary
custody, for a period of less than 60 days, of animals owned by others.
Has the meaning designated under § 939.22(22),
Wis. Stats. [§ 95.21(1)(d), Wis. Stats.]
The strict confinement of an animal in a manner which precludes
direct contact with other animals not concurrently in quarantine or
persons other that the owner or caretaker. The quarantine shall be
conducted under an order issued by the public health official or rabies
control authority designating the specific place, manner and provisions
of the quarantine.
A government agency or person who or which is legally authorized
and responsible for enforcement of this article.
Has the meaning designated under § 453.02(7), Wis.
Stats. [§ 95.21(1)(e), Wis. Stats.]
Has the meaning designated under § 453.02(12),
Wis. Stats. [§ 95.21(1)(em), Wis. Stats.]
Has the meaning designated under § 24.01(11), Wis.
Stats. [§ 95.21(1)(f), Wis. Stats.]
A.
This article shall apply to the cities, towns and
villages in Price County, but this article shall not be applicable
to any municipality which has in force a more restrictive ordinance
providing for the quarantine of dogs, cats, or ferrets suspected of
biting.
B.
This article shall not apply to any police dog when
such dog is in pursuit of its duties.
A.
The owner of a dog shall have the dog vaccinated against
rabies by a veterinarian within 30 days after the dog reaches four
months of age and revaccinated within one year after the initial vaccination.
If the owner obtains the dog or brings the dog into Price County after
the dog has reached four months of age, the owner shall have the dog
vaccinated against rabies within 30 days after the dog is obtained
or brought into the County, unless the dog has been vaccinated as
evidenced by a current certificate of rabies vaccination from another
county within this state or another state. The owner of a dog shall
have the dog revaccinated against rabies by a veterinarian before
the date that the immunization expires as stated on the certificate
of vaccination or, if no date is specified, within three years after
the previous vaccination.
B.
The owner of any dog, cat or ferret which bites any
person other than the owner or the owner's immediate family shall
make a report of the bite incident to the Price County Sheriff, giving
the details of such dog, cat or ferret bite, including the date, place
and name of the dog, cat or ferret bite victim. The owner shall make
such report immediately upon gaining personal knowledge of such bite
or immediately after receiving reliable information of such bite from
the Sheriff or any other person.[1]
C.
The owner shall attach a rabies vaccination tag or substitute tag to a collar, and a collar with the tag attached shall be kept on the dog at all times, but this requirement does not apply to a show dog during competition, to a dog while hunting, or to a dog securely confined in a fenced area. The requirements of this subsection do not apply to a dog which is not required to be vaccinated under Subsection A.
D.
The owner shall pay the cost of the rabies vaccination
and the cost associated with the issuance of a certificate of rabies
vaccination and the delivery of a rabies vaccination tag.
A.
A veterinarian who vaccinates a dog against rabies
shall complete and issue to the owner a certificate of rabies vaccination
(or generate a computer printout) bearing a serial number and in the
form approved by the Wisconsin Department of Agriculture, Trade and
Consumer Protection for each dog that is vaccinated. The certificate
shall include the following information:
(1)
Owner's name, address and telephone number.
(2)
Description of the dog (species, breed, sex, markings,
age and name).
(3)
Date of vaccination.
(4)
Date of vaccination expiration as specified for the
type of vaccine by the Centers for Disease Control of the United States
Department of Health and Human Services.
(5)
Rabies vaccination tag number.
(6)
Vaccine producer and product name.
(7)
Manufacturer's serial or lot number of vaccine.
(8)
Veterinarian's signature.
(9)
Veterinarian's address and license number.
B.
The original certificate of rabies vaccination shall
be provided to the owner. The veterinarian who administers the vaccination
shall keep a copy of each certificate of rabies vaccination in a file
maintained for this purpose. All parties should retain the certificate
for the duration of the vaccination plus one year.
C.
After issuing the certificate of rabies vaccination,
the veterinarian shall deliver to the owner a rabies vaccination tag
of durable material bearing the same serial number as the certificate,
the year the vaccination was given and the name, address and telephone
number of the veterinarian, with instructions that it must be securely
attached to the dog's collar or harness.
D.
The veterinarian may furnish a new rabies vaccination
tag with a new serial number to an owner in place of the original
tag upon presentation of the certificate of rabies vaccination. The
veterinarian shall then indicate the new tag number on the certificate
and keep a record in the file.
E.
Any practicing veterinarian who is requested to be
involved in the rabies control program by an officer is encouraged
to cooperate in a professional capacity with the local health department,
the officer involved and, if the animal is suspected to have bitten
a person, that person's physician.
A.
If the Price County Sheriff has cause to believe that
any dog, cat or ferret has bitten a person, an officer shall order
such dog, cat or ferret quarantined. The Sheriff shall investigate
the incident, and if such dog, cat or ferret can be identified and
located, the Sheriff shall take action in accordance with this article.
[Amended 4-18-2023 by Ord. No. 2-23]
B.
If the owner of such dog, cat or ferret can be located,
the Sheriff shall supply the owner with information concerning the
dog, cat or ferret bite incident.
C.
The Sheriff, or any other officer, may order a dog,
cat or ferret quarantined if the officer has reason to believe that
the animal bit a person, is infected with rabies, or has been in contact
with a rabid animal. If quarantine cannot be imposed because the dog,
cat or ferret cannot be captured, the officer may kill the animal.
The officer may kill a dog, cat or ferret only as a last resort or
if the owner agrees. The officer shall attempt to kill the animal
in a humane manner and in a manner which avoids damage to the animal's
head.
D.
If the Sheriff or any officer kills an animal pursuant
to this article, said officer shall deliver the carcass to a veterinarian
or to the Price County Health and Human Services Department immediately.
Said veterinarian or Price County Health and Human Services Department
shall thereafter follow the procedures set forth in § 95.21,
Wis. Stats.
E.
The Sheriff shall complete the procedure for each
bite incident by reporting the results of quarantine or sacrifice
of the suspected animal to the victim and the owner, if known.
A.
An officer who orders a dog, cat or ferret to be quarantined
shall deliver the animal or shall order the animal delivered to an
isolation facility as soon as possible, but no later than 24 hours
after the original order is issued, or the officer may order the animal
to be quarantined on the premises of the owner if the animal is immunized
currently against rabies as evidenced by a valid certificate of rabies
vaccination or other evidence. An animal ordered quarantined shall
be isolated from contact with other animals.
B.
The custodian of an isolation facility or the owner
shall keep a dog, cat or ferret which is ordered to be quarantined
in strict isolation under the supervision of a veterinarian for at
least 10 days after the incident occurred. Supervision of a veterinarian
includes, at a minimum, examination of the animal on the first day,
on the 10th day and on one intervening day. If the observation period
is not extended and if the veterinarian certifies that the dog, cat
or ferret has not exhibited any symptoms of rabies, the animal may
be released from quarantine at the end of the ten-day observation
period.
[Amended 4-18-2023 by Ord. No. 2-23]
C.
Extended observation may be ordered for a dog, cat
or ferret not currently immunized against rabies if the dog, cat or
ferret is suspected to have been in contact with a rabid animal. An
officer may order the owner to keep the animal in strict isolation
for an additional 180 days, during which time the owner shall have
the animal vaccinated against rabies between the 155th and 165th day
after the beginning of the original observation period [§ 95.21(5)(c)1,
Wis. Stats.]. If a veterinarian certifies that the dog, cat or ferret
has not exhibited any symptoms of rabies during the extended observation
period, the animal may be released from quarantine at the end of that
period.
D.
If a veterinarian determines that a dog, cat or ferret
exhibits symptoms of rabies during the original or extended observation
period, the veterinarian shall notify the owner and the officer who
ordered the animal quarantined, and the officer or veterinarian shall
kill the animal in a humane manner and in a manner which avoids damage
to the animal's head. If the dog, cat or ferret is suspected to have
bitten a person, the veterinarian shall notify the person or the person's
physician. Following such sacrifice of the animal, the carcass shall
be prepared and delivered to the State Laboratory of Hygiene as set
forth in § 95.21(6), Wis. Stats.
A.
Isolation facilities shall receive and quarantine any dog, cat or ferret known or suspected to have bitten a person for a ten-day period of observation for symptoms of rabies, as set forth in § 223-9 of this article. An animal which is ordered quarantined shall be isolated from contact with other animals.
B.
All expenses incurred by the isolation facility, including
supervision and examination of the animal by a veterinarian, preparation
of the carcass for laboratory examination and the laboratory examination
fee, shall be charged to the animal's owner. In the event that the
owner is unknown, the County shall reimburse the isolation facility
for the above-stated charges from the dog license fund.
Owners of dogs who are temporarily visiting
Price County with their dog(s) or who are exhibiting a dog in competition
must carry with them and be prepared, upon demand of a legal authority,
to present a current certificate of rabies vaccination for each dog.
No collecting official, as defined in § 174.065(1),
Wis. Stats., shall issue a dog license unless the owner of said dog
presents an unexpired certificate of rabies vaccination.
A.
An owner who fails to have a dog, cat or ferret vaccinated against rabies as required under this article shall be subject to a forfeiture as provided in Chapter 290 of the County Code, together with the cost of prosecution.
B.
An owner who refuses to comply with an order issued under this article to deliver an animal to an officer, isolation facility, or veterinarian or who does not comply with the conditions of an order that an animal be quarantined shall be subject to a forfeiture as provided in Chapter 290 of the County Code, together with taxable costs, and upon default in the payment of such forfeiture and costs such owner may be imprisoned in the County Jail for no more than 30 days.
It shall be the duty of the Price County District
Attorney to prosecute violations of this article. The District Attorney
may also seek an injunction or other judicial process to enforce the
provisions of this article.
A.
The County Clerk shall cause a Class 1 notice under
Ch. 985, Wis. Stats., to be published between January 1 and January
15 of each year in a newspaper having general circulation in the County
notifying the public that rabies vaccinations and dog licenses are
required under the Wisconsin Statutes.
B.
The County Clerk shall cause a Class 1 notice under
Ch. 985, Wis. Stats., to be published between March 1 and March 15
of each year in a newspaper having general circulation in the County
notifying the public that rabies vaccinations and dog licenses are
required under the Wisconsin Statutes and that late fees will be assessed
after April 1.
Rabies vaccinations may be recommended for animals
other than dogs for which a United States Department of Agriculture
licensed vaccine is available; however, a current vaccination history
may not eliminate the need for euthanasia and rabies testing if the
animal bites a human.
