For the purpose of controlling and eradicating rabies, chapter 826, rabies, of the Texas Health and Safety Code and chapter 169, zoonosis control, of title 25 of the Texas Administrative Code adopted by the executive commissioner of the health and human services commission on behalf of the department of state health services, as may be amended or revised from time to time, are hereby adopted for use in the city. These provisions shall govern all matters covered therein within the city, except as provided in sections of this article.
(Ordinance 620 adopted 12/13/11)
For the purpose of this article, the following words and phrases shall have the meanings ascribed to them:
Custodian.
A person or agency, which feeds, shelters, harbors, has possession or control, or has the responsibility to control an animal.
Owner.
Any person, corporation, or other entity, which has a legal or possessory interest in an animal.
Person.
An individual, owner, custodian, association, corporation, partnership, other legal entity, government, or governmental subdivision or agency.
State law.
Shall mean and include chapter 826, rabies, of the Texas Health and Safety Code and chapter 169, zoonosis control, of title 25 of the Texas Administrative Code adopted by the executive commissioner of the health and human services commission on behalf of the department of state health services as currently adopted and as they may be amended in the future, plus any other state statutes or regulations adopted pursuant to state statutes.
(Ordinance 620 adopted 12/13/11)
(a) 
The city may enter into contracts or agreements with public or private entities to carry out this article. The contracts or agreements may provide for payment by the city for materials, equipment, and services.
(b) 
The city may seek, receive, and spend funds received through appropriations, grants, or donations from public or private sources for the rabies control program established by this article.
(Ordinance 620 adopted 12/13/11)
(a) 
The city council designates the city animal control officer or a designated representative to act as the local rabies control authority for the purposes of this article.
(b) 
Among other duties, the local rabies control authority shall enforce:
(1) 
Chapter 826 of the Texas Health and Safety Code and the board rules that comprise the minimum standards for rabies control;
(2) 
The ordinances or rules of the city that the local rabies control authority serves; and
(3) 
The rules adopted by the board under the area rabies quarantine provisions of section 826.045 of the Texas Health and Safety Code.
(Ordinance 620 adopted 12/13/11)
The owner or custodian of a dog or cat shall have the animal vaccinated by the time the animal is four months of age and at regular intervals thereafter as required by state law. A person commits an offense if the person is the owner or custodian of a dog or cat and fails or refuses to have such each dog or cat owned by the person vaccinated against rabies as required by state law.
(Ordinance 620 adopted 12/13/11)
(a) 
Concurrent with the issuance and delivery of the official rabies vaccination certificate required by state law, the custodian or owner of the dog shall cause to be attached to the collar or harness of the vaccinated dog, a metal tag, serially numbered to correspond with the official rabies vaccination certificate number, and bearing the year of issuance, the name of the issuing veterinarian and his address.
(b) 
The owner or custodian of a dog or cat upon request of the local rabies control authority or his designee must provide the official rabies vaccination certificate for review.
(c) 
In the event of loss or destruction of the original tag provided for herein, the owner or the custodian shall obtain a duplicate tag. Such tags shall indicate it is a duplicate tag.
(Ordinance 620 adopted 12/13/11)
(a) 
The local rabies control authority or a veterinarian shall quarantine or test in accordance with state law any animal that the local rabies control authority or veterinarian has probable cause to believe is rabid, may have been exposed to rabies, or may have exposed a person to rabies.
(b) 
An owner or custodian shall submit to the local rabies control authority an animal for quarantine that:
(1) 
Is reported to be rabid or to have exposed an individual to rabies; or
(2) 
The owner or custodian knows or suspects is rabid or has exposed an individual to rabies.
(c) 
The local rabies control authority will determine the quarantine method and facility following state law.
(d) 
If the animal becomes ill during the observation period, the local rabies control authority must be notified by the person having possession of the animal.
(Ordinance 620 adopted 12/13/11)
(a) 
If a veterinarian determines that a quarantined animal does not show the clinical signs of rabies, the veterinarian or local rabies control authority shall release the animal to its owner when the quarantine period ends if:
(1) 
The owner has an unexpired rabies vaccination certificate for the animal and a rabies tag; or
(2) 
The animal is vaccinated against rabies by a licensed veterinarian at the owner’s expense, and a vaccination certificate and rabies tag is issued to the owner.
(b) 
If a veterinarian determines that a quarantined animal shows the clinical signs of rabies, the veterinarian or local rabies control authority shall humanely destroy the animal. If an animal dies or is destroyed while in quarantine, the veterinarian or local rabies control authority shall remove the head or brain of the animal and submit it to the nearest department laboratory for testing.
(c) 
The owner of an animal that is quarantined under this article shall pay to the veterinarian or local rabies control authority the reasonable costs of the quarantine and disposition of the animal. The veterinarian or local rabies control authority may bring suit to collect those costs.
(d) 
The veterinarian or local rabies control authority may keep, grant, or destroy an animal if the owner or custodian does not take possession of the animal before the fourth day following the final day of the quarantine period.
(Ordinance 620 adopted 12/13/11)
(a) 
In this section, “handler or rider” and “police service animal” have the meanings assigned by section 38.151, Texas Penal Code.
(b) 
A police service animal is exempt from the quarantine requirement of this article if the animal bites a person while the animal is under routine veterinary care or while the animal is being used for law enforcement, corrections, prison or jail security, or investigative purposes, provided the animal has received its required rabies vaccination. If after biting the person the animal exhibits any abnormal behavior, the law enforcement agency and the animal’s handler or rider shall make the animal available within a reasonable time for quarantine or testing by the local rabies control authority.
(Ordinance 620 adopted 12/13/11)
(a) 
Any facility used to quarantine an animal quarantined pursuant to this article must meet all standards established under state law for such facilities.
(b) 
In accordance with state law, a local rabies control authority may contract with one or more public or private entities to provide and operate a quarantine facility.
(Ordinance 620 adopted 12/13/11)
(a) 
A person commits an offense if the person violates or attempts to violate any portion or provision contained in this article.
(b) 
Any person adjudged guilty of an offense under this article shall be guilty of a class C misdemeanor. Each day that a violation continues shall constitute a separate offense.
(Ordinance 620 adopted 12/13/11)
The offenses defined by this chapter do not require a culpable mental state and are strict liability offenses.
(Ordinance 620 adopted 12/13/11)