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 080506-A, sec. 1, adopted 12/1/2009)
In this article:
Animal.
Any mammal, domestic or wild.
Board.
The state board of health.
Board rules.
Texas Administrative Code, title 25, Health Services, part
I, Texas Department of Health, chapter 169, Zoonosis Control, Rabies
Control and Eradication, including any future amendments or revisions.
The board rules are adopted as part of this article.
Custodian.
A person or agency which feeds, shelters, harbors, has possession
or control, or has the responsibility to control an animal.
Department.
The department of state health services (TDSHS).
Licensed veterinarian.
A veterinarian licensed to practice veterinary medicine in
one or more of the 50 states.
Livestock.
An animal raised for human consumption or an equine 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.
Quarantine.
Strict confinement of an animal specified in board rules.
Rabies.
An acute viral disease of man and animals affecting the central
nervous system and usually transmitted by an animal bite.
State law.
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.
Stray.
Roaming with no physical restraint beyond the premises of
the animal’s owner or custodian.
(Ordinance 080506-A, sec. 2, adopted 12/1/2009)
(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 080506-A, sec. 12, adopted 12/1/2009)
The offenses defined by this article do not require a culpable
mental state and are strict liability offenses.
(Ordinance 080506-A, sec. 13, adopted 12/1/2009)
(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 080506-A, sec. 3, adopted 12/1/2009)
(a) Designation.
The city council designates the director
of public works and the city police chief to act as the local rabies
control authority for the purposes of this article.
(b) Duties.
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 080506-A, sec. 4, adopted 12/1/2009)
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 each dog or cat owned by the person vaccinated
against rabies as required by state law.
(Ordinance 080506-A, sec. 5, adopted 12/1/2009)
(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
tag shall indicate it is a duplicate tag.
(Ordinance 080506-A, sec. 6, adopted 12/1/2009)
(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 080506-A, sec. 8, adopted 12/1/2009)
(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 080506-A, sec. 9, adopted 12/1/2009)
(a) In
his section, “handler or rider” and “police service
animal” have the meanings assigned by section 38.151, 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, prisons or jail security, or investigative
purposes, provided the animal has received its required rabies vaccination.
If after biting the person the animal exhibits 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 080506-A, sec. 10, adopted 12/1/2009)
(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 080506-A, sec. 11, adopted 12/1/2009)