The Rabies Control Act of 1981, section 826.002 [chapter 826]
of the Health and Safety Code, is adopted in parts that do not conflict
with provisions of this article.
(1978 Code, sec. 5-41)
(a)
All
dogs and cats shall be vaccinated against rabies by a licensed veterinarian
in accordance with state laws.
(b)
When
a licensed veterinarian vaccinates a dog or cat for rabies, he shall
provide the owner with the appropriate certificate and tag.
(1978 Code, sec. 5-42; Ordinance
adopting Code)
In the event of loss or destruction of the original rabies tag,
the owner of the dog or cat shall obtain a duplicate tag. Vaccination
certificates and tags shall be valid only for the animals for which
they were originally issued.
(1978 Code, sec. 5-43)
(a)
A
person commits an offense if he intentionally or knowingly owns or
harbors an animal that has not been immunized by a licensed veterinarian
with an anti-rabies vaccine in the preceding twelve (12) months.
(b)
In
any prosecution authorized by this section, where proof is presented
that the animal was not registered indicating rabies immunization
within the anti-rabies vaccine under the specific vaccination timeframe:
(1)
It shall be an affirmative defense to any prosecution under this
section if the person accused of the offense presents a certificate
of vaccination issued by the veterinarian administering the anti-rabies
vaccine on a date not more than twelve (12) months prior to such date
of the offense.
(2)
It shall be an affirmative defense to any prosecution under this
section if the animal was less than four (4) months old on the date
of the offense.
(3)
It shall be an affirmative defense to any prosecution under this
section if the person accused of the offense presents a certificate
of vaccination of the animal with a thirty-six (36) month/3 year anti-rabies
vaccine issued by the veterinarian administering the anti-rabies vaccine
on a date not more than thirty-six (36) months/3 years prior to such
date of the offense.
(Ordinance 907-19 adopted 11/25/19)
It shall be the duty of every physician to report to the animal
control authority the names and addresses of persons treated for bites
or scratches inflicted by animals.
(1978 Code, sec. 5-45)
(a)
Any
person having knowledge of an animal that:
(b)
The
owner of the biting animal will place that animal in quarantine as
prescribed herein under the supervision of the animal control authority.
(c)
The
animal control authority will investigate each bite incident, utilizing
standardized reporting forms provided by the department of state health
services.
(d)
Humans
bitten by rodents, rabbits, birds and reptiles are excluded from only
the reporting requirements of this section.
(e)
When
a dog or cat which has bitten a human has been identified, the owner
will be required to produce the animal for ten (10) days’ confinement
at the owner’s expense. Refusal to produce said dog or cat constitutes
a violation of this section, and each day of such refusal constitutes
a separate and individual violation. The ten-day observation period
will begin on the day of the biting incident. The animal must be placed
in the animal control facilities specified for this purpose.
(f)
No
wild animal will be placed in quarantine. All wild animals involved
in biting incidents will be humanely destroyed in such a manner that
the brain is not mutilated. The brain shall be submitted to a TDH-certified
laboratory for rabies diagnosis.
(g)
At
the expiration of the quarantine period, the quarantined animal may
be reclaimed by the owner upon satisfaction of applicable licensing
and payment of all fees. If the animal is not reclaimed within seventy-two
(72) hours, it will be humanely destroyed. The owner may surrender
the animal to animal control facility to be humanely destroyed.
(Ordinance 907-19 adopted 11/25/19)
If any person shall make affidavit before the municipal judge
that any animal has bitten or attempted to bite any person or animal
in this city and it shall appear that the person or animal so bitten
or attacked was not at the time trespassing upon the person or property
of the owner or keeper of such animal, the municipal judge may cause
the animal to be destroyed, or to be confined for determination of
rabies infection and thereafter disposed of as provided by state law.
(1978 Code, sec. 5-47)
(a)
If
an animal dies while in quarantine, the animal control officer or
his/her authorized designee shall immediately forward the head of
the animal to the department of state health services resources for
pathological examination, the findings of which shall be transmitted
to the animal control officer upon receipt.
(b)
Upon
the death of an animal suspected of rabies infection during or prior
to quarantine, the animal control officer shall compile and report
all incidents of human contact to the designated local authority for
determination of appropriate action by the department of state health
services.
(c)
When
an animal bites or scratches a person under conditions presenting
a substantial probability that the animal was infected with rabies,
the animal control officer may, upon his/her finding that the quarantine
period should not be observed because of the danger of developing
rabies, order the immediate destruction of the animal and cause its
head to be forwarded to the department of state health services resources
for pathological testing.
(1978 Code, sec. 5-48)
(a)
It
shall be unlawful for any person to fail or refuse to quarantine or
present for quarantine any animal which is required or ordered to
be quarantined pursuant to the provisions of this chapter.
(b)
In
addition to citation for violation of the preceding subsection, the
municipal judge is hereby authorized to pursue, in conjunction with
the city attorney, such civil remedies as he deems appropriate to
achieve compliance with the foregoing impound and quarantine requirements.
(1978 Code, sec. 5-49)
