The city hereby adopts by reference chapters 821, 822, 823,
826, 828, and 829 of the Texas Health and Safety Code, as amended.
In addition thereto, all of the above provisions of these chapters,
which are adopted pursuant to the Texas Health and Safety Code, shall
have application in the city.
(Ordinance 822-2021 adopted 9/16/21)
(a)
Vaccinations required.
(1)
A person who owns, keeps, harbors, or has custody of a dog,
cat, or ferret over four months of age must have said animal immunized
against rabies by injection of anti-rabies vaccine by a veterinarian
validly licensed in the state or in another jurisdiction.
(2)
The same animal must receive a booster within the twelve (12)
month interval following the animal's initial vaccination, or
such interval as provided by state law; and the same animal must be
revaccinated against rabies at a minimum of at least once each year
with a rabies vaccine licensed by the department of agriculture, or
at such interval as provided by state law.
(3)
A person commits an offense if the person owns, keeps, harbors,
or has custody of a dog, cat, or ferret that has not been immunized
against rabies as required by this section.
(4)
Every owner of a dog, cat, or ferret immunized against rabies
shall procure a rabies vaccination certificate from the veterinarian
administering the vaccine. The certificate of vaccination shall contain
the following information:
(A)
The name, address, and telephone number of the owner of the
vaccinated animal;
(C)
The year and number of the rabies tag;
(D)
The breed, age, color, and sex of the vaccinated animal; and
(E)
The name and address of the issuing veterinarian.
(b)
Rabies tags.
Concurrent with the issuance and delivery of the certificate of vaccination referred to in Subsection
(a)(4) above, the owner of the animal shall:
(1)
Outfit the animal with a collar or harness;
(2)
Affix a metal tag, serially numbered to correspond with the
vaccination certificate number, bearing the year of issuance and the
name and address of the issuing veterinarian to the collar or harness;
and
(3)
Require the animal to wear the collar or harness with the attached
metal tag at all times.
(c)
Duplicate tags.
In the event of loss or destruction of the original tag provided in subsection
(b) above, the owner of the animal shall obtain a duplicate tag from the veterinarian who administered the vaccination. Vaccination certificates and tags shall be valid only for the animal for which they were originally issued.
(d)
State statute.
The provisions restricting the
use and sale of rabies vaccine for animals as set forth in the state
statute enacting the "Rabies Control Act of 1981" are hereby adopted
by reference, as contained in chapter 826 of the Health and Safety
Code, V.T.C.S., a copy of which is on file in the office of the city
secretary, and as amended from time-to-time.
(e)
Unlawful.
It shall be unlawful for a person to administer, sell, or distribute rabies vaccine for animals in a manner not authorized by subsection
(d), above.
(Ordinance 822-2021 adopted 9/16/21; Ordinance
876-2023 adopted 12/21/2023)
(a)
A person, including a veterinarian, who knows of an animal bite
or scratch to an individual that the person could reasonably foresee
as capable of transmitting rabies, or who knows of an animal that
the person suspects is rabid, shall report the incident or animal
to the local rabies control authority of the county or municipality
in which the person lives, in which the animal is located, or in which
the exposure occurs. The report should be made no more than 24 hours
after the time of the incident.
(b)
The report must include:
(1)
The name and address of the victim and of the animal's
owner, if known;
(2)
Any other information that may help in locating the victim or
animal;
(3)
A police report if police officers responded to the bite incident;
and
(4)
A report from the hospital notifying animal services of a bite
incident.
(c)
Owner responsibility:
If the biting animal is
owned, the owner shall place that animal in quarantine, as prescribed
in the section below, under the supervision of the animal control
authority or a licensed veterinarian.
(d)
The animal control department shall investigate a report filed
under this section.
(Ordinance 822-2021 adopted 9/16/21; Ordinance
876-2023 adopted 12/21/2023)
(a)
A person commits an offense if the person fails to submit for
quarantine or testing an animal that the animal control department
has probable cause to believe is rabid, may have been exposed to rabies,
or may have exposed a person to rabies. The animal control officer
shall be authorized to obtain an administrative search warrant if
there is reason to believe any requirements of this section are violated.
(b)
Procedures for animal quarantine:
(1)
Disposition of biting animals.
The owner of an
animal subject to quarantine pursuant to this chapter is required
to quarantine the animal for a period of not less than 10 days confinement
from the date of the bite, at the owner's expense. The quarantine
may be accomplished by:
(A)
Quarantine in the animal shelter, supervised by the local animal
control authority;
(B)
Quarantine at a veterinary clinic, supervised by a licensed
veterinarian; or
(C)
Home quarantine:
The owner of the animal may request
permission from the animal control authority for home quarantine,
which may be granted if the animal control authority determines that:
(i) Secure facilities are available at the home of
the animal's owner and the animal control authority has approved
them;
(ii) The animal is currently vaccinated against rabies
as required by state law;
(iii) The nature of the bite is not severe;
(iv) Quarantine fee as specified in the fee schedule
is paid to the city;
(v) The animal has not been running at-large at the
time the bite occurred;
(vi) The animal has not been quarantined for a previous
bite incident; and
(vii) The bite victim agrees to the home quarantine.
(2)
Observation of the animal.
The animal control
authority or a licensed veterinarian must observe the animal at least
on the first and last days of the quarantine period. If the animal
becomes ill during the observation period, the person having possession
of the animal shall notify the animal control authority as soon as
the animal presents with symptoms of any illness.
(c)
Destruction of animal:
If the biting animal cannot
be maintained in secure quarantine, it shall be humanely destroyed,
and the brain submitted to a Texas Department of State Health Services
certified laboratory for rabies diagnosis. The owner of the animal
may be requested to reimburse the expense of shipping the brain of
the animal.
(d)
Interruption:
A person commits an offense if the
person interrupts the observation period by removing an animal from
the quarantine facility approved by the animal control authority.
Any interruption of the quarantine by any person shall be just cause
for seizure and impoundment of the quarantined animal by the animal
control authority.
(e)
Release:
(1)
An animal that has been quarantined may be released by the local
rabies control authority under the following conditions:
(A)
At the end of the observation period, if the owner can provide
proof that the animal is currently vaccinated;
(B)
When all applicable fees have been paid; and
(C)
If the animal is not being impounded for legal proceedings.
(2)
If, by the end of the observation period, the owner cannot provide
proof that the animal is currently vaccinated, the animal control
authority will conditionally release the animal with a voucher for
rabies vaccination paid for by the animal's owner. The owner
commits an offense if (s)he does not provide proof of vaccination
to the animal control authority within one (1) business day of the
animal's release from quarantine.
(f)
Dangerous wild animals.
No dangerous wild animal
will be placed in quarantine. Any dangerous wild animal involved in
a biting incident will be humanely euthanized and the brain shall
be submitted to a Texas Department of State Health Services certified
laboratory for rabies diagnosis.
(g)
Disposition of unclaimed, quarantined animal.
If the owner of a quarantined animal does not take possession of the animal, it may be disposed of in accordance with article
2.02, and Texas Code § 826.043(d).
(Ordinance 822-2021 adopted 9/16/21; Ordinance
876-2023 adopted 12/21/2023)
(a) The
owner or keeper of a dog, cat, or equine shall maintain current registration
with a microchip registration company. This section does not apply
to animals temporarily within the city for a period not to exceed
fourteen (14) days.
(b) If
there is a change in contact information of an owner or keeper of
a registered microchipped equine, dog, or cat, the owner or keeper
shall update contact information, including new address or telephone
number, with the microchip registration company within thirty (30)
days of the date of the change in contact information.
(c) If
there is a change in ownership of a registered equine, dog, or cat,
the initial owner or keeper shall be responsible for ensuring that
the microchip is no longer registered in the initial owner's or keeper's
name within thirty (30) days of the date of change in ownership. The
new owner or keeper shall be responsible for re-registering the microchip
to include any new address and telephone number and have the registration
information transferred to the new owner's or keeper's name within
thirty (30) days after the change in ownership.
(d) An
issuing agent may not issue a microchip that is not currently vaccinated
against rabies.
(e) Dogs
must wear a tag at all times while outdoors; except that dogs that
are kept for show or exhibition purposes are not required to wear
such a tag as long as the dogs are otherwise under restraint. The
tag shall include either the dog' s microchip number or the current
address or telephone number of the dog owner.
(f) Cats
and equines shall not be required to wear a tag with the registered
microchip number on a collar.
(g) Any
owner who fails to obtain a current identification/microchip tag shall
be deemed guilty of a misdemeanor.
(h) No
person may use a registered microchip number for any animal other
than the one for which it was issued.
(Ordinance 822-2021 adopted 9/16/21; Ordinance
848-2022 adopted 10/20/2022)
The city shall comply with all state laws regarding the confidentiality
of information in the dog and cat registry.
(Ordinance 822-2021 adopted 9/16/21)
The animal control department may sponsor rabies vaccination
clinics.
(Ordinance 822-2021 adopted 9/16/21)