(A) Reports. A person commits an offense if the person (including owners or persons in possession of animals, veterinarians, or physicians) fails to report any of the following in the manner set forth in this section:
(1) If any person observes an animal which is displaying the symptoms of rabies it shall be reported immediately to the police department.
(2) If any person observes or becomes aware of facts indicating an animal has bit or scratched any person without breaking the skin of the victim and if said person has reason to believe that the animal is infected with rabies it shall be reported immediately to the police department.
(3) If any person is bitten or scratched or if any person observes or becomes aware of the fact that an animal has bitten or scratched any person in a manner which causes a break in the skin of the victim, said person (or the person's parent or guardian if the victim is a minor or incapacitated) shall report the incident to the police department and fill out a bite report.
(B) Quarantine of Animal. Following the receipt of a report under divisions (A)(1) or (2), the animal control officer shall, as soon as feasible, impound such animal for quarantine purposes if the symptoms of rabies described in the animal are verified by a veterinarian as indicating the animal may be a carrier of rabies. The animal control officer may seize an animal to facilitate its examination for this purpose. Upon receipt of a report under of division (A)(3) of this section, the animal control officer shall, as soon as feasible, impound the animal for quarantine purposes.
(C) Quarantine Procedures. The quarantine of an animal pursuant to this section shall be pursuant to the following procedures:
(1) Period of Quarantine. The quarantine shall be for a period of at least ten days from the day of the bite, or as required by State Law.
(2) Examination of Animal or Tissue in Absence of Owner. In the event the person in possession of the animal quarantined cannot be identified and located within reasonable length of time, the victim, at his or her option, may elect to have the animal examined by a veterinarian, or to have the tissue submitted for laboratory examination, and the costs so incurred shall be borne by the city.
(3) High Risk Animals. Any high risk animal such as skunks, bats, foxes, coyotes, canine hybrid breeds and raccoons, shall be humanely killed and tested for rabies. An animal that has inflicted multiple bites to a person on the neck, face, or head may be required by animal control officer to be immediately tested for rabies without prior notice to the person in possession of the animal.
(4) Place of Quarantine. The quarantine of an animal under this section shall take place, at the expense of the person in possession of the animal, at one of the following locations:
(a) A veterinary hospital selected by the person in possession of the animal; or
(b) The city's animal reclaim center if the person in possession of the animal does not: (i) timely notify the animal control officer of their choice of veterinary hospitals and (ii) make arrangements with said hospital for payment; or
(c) At the home of the person in possession of the animal but only if, in the opinion of the animal control officer, the following criteria has been fully met:
1. The person bitten is a family member and resides in the household where the animal is kept;
2. Secure facilities are available at the home;
3. The animal is currently vaccinated against rabies. An animal under four months of age may be home quarantined if it is unvaccinated as long as all other requirements are met;
4. The person in possession of the animal agrees that the animal control officer, his or her representative, and/or a veterinarian may observe the animal at least on the first and last days of the quarantine period (at the expense of the person in possession of the animal if it is a veterinarian) and at such other times as the animal control officer or veterinarian deems necessary;
5. The animal was not a stray or at large at the time of the bite;
6. If the animal becomes ill during the observation period, the person in possession must agree to notify the animal control officer; and
7. The person in possession agrees that the animal control officer can immediately impound the animal in the event if there is any failure to comply with any of the foregoing conditions or criteria or if required by a veterinarian.
(D) Release. No animal confined for quarantine purposes under the provisions of this section shall be released until: (i) the quarantine period is over, (ii) the animal is either vaccinated against rabies or proof (satisfactory to the animal control officer) has been provided that the animal has a current rabies vaccination, (iii) the person in possession of the animal provides proof of payment to a veterinarian for the rabies vaccination in the event the animal is vaccinated for rabies while in quarantine, and (iv) all boarding and impoundment fees, expenses, fines and penalties owing in connection with the animal have been paid. In addition to any fines or penalties which may be assessed in connection with the quarantine of an animal pursuant to this section, the city shall charge an impoundment fee in accordance with § 91.29 of this chapter and a boarding fee (in accordance' with § 91.29 of this chapter) for any animal quarantined in the city's animal reclaim center.
(E) City-wide Quarantine. When based upon a report of the Texas Board of Health or confirmed cases of rabies within the city, the Wichita County Health Department may recommend a city-wide quarantine. If a city-wide quarantine is so recommended the Chief of Police with the concurrence of the City Manager may impose a city-wide quarantine. During a city-wide quarantine a person commits an offense if the person: (i) allows any animal in the person's possession to be taken, whether restrained or not, to the streets, or any other public place and (ii) permits any animal (including cats) in the person's possession to be at large. A citywide quarantine may be invoked for a period of thirty (30) days but in the event there are additional positive cases of rabies occurring during this period of city-wide quarantine, such period of quarantine may be extended for an additional reasonable period of time by the Chief of Police with the concurrence of the City Manager upon the recommendation of the Wichita County Health Department.
(F) Animals Bitten During City-wide Quarantine. During any city- wide rabies quarantine every animal bitten (and thereby exposed to rabies) by an animal which has been or is determined to have rabies, shall be destroyed or the person in possession of the exposed animal may elect the following procedure at such person's sole expense as an alternative to the destruction of the bitten animal:
(1) If the exposed animal was currently vaccinated against rabies at the time of the exposure, it must be:
(a) Vaccinated against rabies immediately; and
(b) Placed in strict isolation for forty-five (45) days.
(2) If the exposed animal was unvaccinated against rabies at the time of the exposure, it must be treated as follows:
(a) Vaccinated against rabies immediately after the exposure;
(b) Given a second rabies vaccination three weeks after the exposure;
(c) Given a third rabies vaccination eight weeks after the exposure; and
(d) Placed in a strict isolation for ninety (90) days.
(3) The circumstances of the exposed animal's isolation must be approved by the animal control officer.
(G) Destruction of Animals Prohibited. A person commits an offense if the person: (i) kills, or causes to be killed, any rabid animal, any animal suspected of having been exposed to rabies, or any animal biting or scratching a human, or (ii) removes same from the city limits without written permission from the animal control officer or the Wichita County Health Department.
(H) Surrender of Certain Dead Animals. A person commits an offense if the person fails or refuses to surrender the carcass of any dead animal exposed to rabies upon demand by the animal control officer or the Wichita County Health Department.
(I) Exemptions for Certain Dogs. The following animals will not be required to be placed in quarantine: (i) currently vaccinated guide dogs in service and (ii) currently vaccinated police dogs that inflict a bite while in the line of duty.
(J) Local Rabies Control Authority. The Chief of Police or his designated representative is hereby designated as the local rabies control authority pursuant to Chapter 826 of the Texas Health and Safety Code.
(K) Construction with State Law. Nothing in this chapter shall be construed to limit the authority of the animal control officer to carry out or enforce the provisions of Chapter 826 of the Texas Health and Safety Code, the rules of the Texas Board of Health pertaining to rabies and the rules adopted by the Texas Board of Health under the area rabies quarantine provisions of Section 826.045 of the Texas Health and Safety Code.
(L) Seizure Warrant. If a person who is in possession of an animal which is subject to quarantine, testing or destruction under this § 91.60 fails or refuses to release the animal to the animal control officer for quarantine; the animal control officer may apply to a magistrate for a seizure warrant authorizing seizure of such animal for the purpose of quarantine, testing or destruction in accordance with this section.
(Ord. 562, passed 9-21-98)