City of San Benito, TX RABIES CONTROL

It shall be unlawful for any owner, manager or keeper to own or keep any dog or cat in the city unless the dog or cat is immunized against rabies by the injection of antirabies vaccine in an amount sufficient to produce immunity. This will be done in accordance with this article as follows:

(1)

Dogs and cats must be immunized against rabies at three (3) months of age and every twelve (12) months thereafter.

(2)

Dogs and cats over the age of six months shall be vaccinated with live virus type vaccine.

(3)

The rabies vaccination provided for in subsection (a) of this section shall be performed by a licensed veterinarian.

(4)

Every owner, manager or keeper, owning or keeping any dog or cat in the city shall, upon effecting the rabies vaccination of such dog or cat, as above provided for, acquire a written vaccination certificate in evidence, thereof from the licensed veterinarian administering the same, such certificate to be signed by the veterinarian and stating thereon the sex, breed, and color of such dog or cat, date of immunization, and the name and address of the keeper of such dog or cat.

A person commits an offense if the person fails or refuses to have each dog or cat owned by the person vaccinated against rabies and the animal is required to be vaccinated under Texas Health and Safety Code section 826.021 or ordinances or rules adopted under said Texas Health and Safety Code by the city municipality within whose jurisdiction the act occurs.

(Ordinance 2418, sec. 1.16, adopted 5/19/09)

The city and the city commission is concerned with the health, safety and welfare of the general public, and finds that it is detrimental to the health, safety and welfare of the general public of the city to not permit within the jurisdiction of the city animals that have become afflicted with rabies to run at-large. The city has experienced occasions when numerous animals have become afflicted with rabies, and other occasions when citizens of the city have been victims of attacks by such animals afflicted with rabies. The danger to each citizen of the city, resulting from rabies afflicted animals running at-large within the city is of such a perilous and serious nature as to justify, warrant and demand that some action and/or measure be taken by the city commission for the safety, health and general welfare of the citizens and the city. Under conditions wherein animals are allowed to run at large within the limits of the city, it would be most difficult, if not impossible, to curb and/or eliminate a rabies epidemic at such time as one or more animals within the city could be determined to be afflicted with rabies. The purpose of this section of this article is to protect public health by establishing uniform rules for the control and eradication of rabies in the state, in accordance with chapter 826 of the Texas Health and Safety Code.

(1)

The governing body of the city may adopt ordinances or rules to require that:

(A)

Each dog or cat be restrained by its owner;

(B)

Each stray dog or cat be declared a public nuisance;

(C)

Each unrestrained dog or cat be detained or impounded by the local animal control officer;

(D)

Each stray dog or cat be impounded for a period set by ordinance or rule; and

(E)

A humane disposition be made of each unclaimed stray dog or cat on the expiration of the required impoundment period.

(2)

Henceforth at any time the city commission, manager, animal control officer, health inspector and/or the code enforcement officer of the city determine the existence of a rabies epidemic or the eminent possibility of a rabies epidemic among animals of the city, said commission or city manager may declare a rabies emergency. In determining such emergency, the city commission, manager shall make careful inquiry through the city veterinarian, police department, animal control, code enforcement, health inspector, state health department and all other sources of information reasonably available, of the existence and nature of rabies cases and conditions known to exist within the city. At the time of the declaration of the existence of such rabies epidemic, the city commission and/or manager under the signature of the mayor of the city, shall issue its rabies epidemic proclamation, providing and requiring therein that all animals within the city shall be required to be confined, under the terms and conditions as provided for in this article, for a period by Texas State Law Health & Safety Code chapter 826, rabies; until the 181st day after the date on which the last case of rabies is diagnosed in any animal that caused the city commission, manager, director of public safety (chief of police), animal control officer and/or the code enforcement officer to declare a quarantine, unless the board or its designee, by declaration, removes the quarantine before that date.

(3)

Any and all such rabies epidemic proclamation shall be published twice (2) consecutively into a newspaper published in the city, which said proclamation shall contain the beginning and ending date of the confinement period provided for by said proclamation.

(4)

Any and all animals found running at-large during any rabies epidemic emergency period, as heretofore provided for shall be impounded in the city’s animal pound. In the event of such impounding, the city shall retain said animals in pound as follows: All such dogs bearing identification by registration tag (as provided for by other ordinances of the city) shall be retained impounded for a period of five (5) days. All such other impounded animals not bearing identification by registration tag (as provided for by other ordinances of the city) shall be retained in pound for a period of three (3) days.

(5)

In the event the city is able to determine the identity of the owner or caretaker of any such impounded dog, by virtue of registration tag borne by such animals, said owner or caretaker shall be notified by the city of the impounding and shall be advised that said animal may be redeemed at any time during said three (3) day period of impoundment by making payment in accordance with the city’s fee schedule of the expenses incurred by the city in picking up and impounding said animal in the first instance. Any owner or caretaker voluntarily appearing at the pound of the city to claim a dog impounded under the conditions provided for herein shall be allowed to redeem said animal upon the payment of all fees accrued as provided for in this article. Said fee is herewith ordained and adopted as a fair and reasonable fee in payment to the city for the expenses incurred in connection therewith. Said fees shall be paid to the city, the same to be credited to the general fund of the city. In the event of the inability of the city to identify and notify the owner of any such impounded animal, and in the further event of the failure of the owner or caretaker of such impounded animal to call for and redeem same from the city’s pound within the aforementioned three (3) day impounding period, said animal may be destroyed by the city upon the expiration of said three (3) day impounding period. The determination of animal ownership and notification thereof by the city, as heretofore provided, is directory only and shall not be a condition precedent to the destruction of said animals in the event of the failure of the owner or owners to call for and redeem same as hereinabove provided.

(6)

Any animal which cannot be caught after diligent effort has been made to catch same may be killed or destroyed by any means deemed advisable by the city animal control officer. Any means being a sound and humane manner.

This section is not intended to and shall not be in conflict with or otherwise affect any prior existing ordinances affecting the control and regulation of animals within the city; this article being confined only to rabies emergency conditions. The fact that the existence or eminent danger of rabies amongst the animals in the city has been determined, and the further fact that the health, safety and general welfare of the citizens of the city is in jeopardy as a result thereof, creates an emergency and urgent public necessity; therefore, the rule providing that no ordinance shall be enacted at the meeting of the city commission at which it is first presented and read unless an emergency is declared is herewith invoked, and an emergency being herewith declared so therefore this section is herewith fully and finally enacted and shall take effect and be in force as an emergency measure immediately upon its publication as required by law.

(Ordinance 2418, sec. 1.18, adopted 5/19/09; Ordinance 2418-A adopted 4/2/13)