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(a) When a domestic dog, cat or ferret bites or otherwise creates a condition which could reasonably expose or transmit rabies to any human being, the animal shall be immediately quarantined as provided in Texas Administrative Code Title 25, § 169.27 for a minimum period of ten days from the date that the bite or exposure occurred, or longer as the local rabies control authority may deem necessary.
(b) The owner shall submit the subject animal within 24 hours of notification by the local rabies control authority for quarantine in a Texas Department of Health approved facility or a licensed veterinarian's clinic in the city which has the facilities for isolation cages, or in a home quarantine as provided in subsection (c) below.
(c) Home quarantine. The owner or custodian of the dog, cat or ferret may request permission from the local rabies control authority to place the animal in home quarantine if the following criteria can be met:
(1) A secure enclosure approved by the local rabies control authority must be used to prevent escape;
(2) The animal has been vaccinated against rabies and the time elapsed since the most recent vaccination has not exceeded the manufacturer recommendations for the vaccine. If an unvaccinated animal is not over 16 weeks of age at the time of the potential exposure, it may be allowed home confinement;
(3) During the confinement period, the animal's custodian must monitor the animal's behavior and health status and immediately notify the local rabies control authority if any change is noted;
(4) The local rabies control authority or a veterinarian must observe the animal on the first and last days of the home confinement; and
(5) The animal must not be a stray, as defined in Tex. Health & Safety Code § 826.002, at the time of the potential exposure.
(d) High risk animal. If the animal, whether owned or unowned, is a high risk animal which bit, scratched or created a condition which may have exposed or transmitted the rabies virus to a human being or another animal, it shall be euthanized and a suitable sample submitted to the Texas Department of Health laboratory for rabies diagnosis.
(e) Low risk animal. If the animal is a cage-raised, low risk animal which bit, scratched or created a condition which may have exposed or transmitted the rabies virus to a human being, neither quarantine nor a rabies test will be required unless the local rabies control authority has cause to believe the animal is rabid, in which case it should be euthanized and tested for rabies.
(f) Human bitten. A domestic animal which has bitten a human and has been designated by the local rabies control authority as unclaimed or unowned may be humanely euthanized and a suitable sample shall be submitted to the Texas State Department of Health laboratory for rabies diagnosis.
(g) Multiple bite wounds. The local rabies control authority may require an animal which has inflicted multiple bite wounds, punctures or lacerations to a human being to be humanely euthanized and a suitable sample submitted to the Texas Department of Health laboratory for rabies diagnosis.
(h) Quarantine. Any animal required to be quarantined under this section which in the determination of the local rabies control authority cannot be or is not being maintained in a secure quarantine, shall be humanely euthanized and a suitable sample submitted to the Texas Department of Health laboratory for rabies diagnosis.
(i) Humanely killed or confinement. If the animal is not included in subsection (a), (d), (e), (f) or (g) of this section, the animal will be humanely euthanized and a suitable sample tested for rabies or the local rabies control authority may require the animal to be confined for a 30-day observation period at a licensed veterinarian's animal clinic or the animal care and control center. Home quarantine described in subsection (c) above does not apply in this subsection (i). Notwithstanding any other ordinance, the veterinarian or local rabies control authority may not destroy an animal following the final day of the quarantine period unless the veterinarian or local rabies control authority has notified the animal's owner, if available, of the animal's scheduled destruction.
(j) Owner. The owner of any animal that is reported to have rabies or symptoms thereof, or to have been exposed to rabies, or to have bitten, scratched or otherwise created a condition which may have exposed or transmitted the rabies virus to any human being or animal, or that the owner knows or suspects to be rabid or to have bitten, scratched or otherwise created a condition which may have exposed or transmitted the rabies virus to any human being or animal, shall submit such animal for quarantine to the local rabies control authority or to any police officer. If the animal dies prior to its quarantine, the owner shall submit the animal to the animal care and control center for rabies diagnosis.
(k) Knowledge. Any person who has knowledge of any animal that exhibits symptoms of, or has been exposed to rabies, or of any animal which has bitten, scratched or otherwise created a condition which may have exposed or transmitted the rabies virus to any human being or animal, shall immediately report the incident to the local rabies control authority. The report shall include the name and address of the victim and owner of the animal, if known, and any other information he or she has relating to the incident or animal.
(l) Veterinarian. Every veterinarian or other person who is called to examine or professionally attend any animal with rabies or any other reportable communicable disease shall within 24 hours thereafter, report the following in writing to the local rabies control authority:
(1) Species and description of the animal;
(2) Location of such animal;
(3) Name and address of the owner thereof; and
(4) Type and character of the disease.
(m) Investigation and record. The local rabies control authority shall investigate and record all cases of rabies and suspected rabies.
(n) Animal's body. The body of any animal that has died of rabies or that dies or is destroyed while in quarantine shall not be disposed of except as directed by the local rabies control authority.
(o) Owner of any animal quarantined. The owner of any animal quarantined under this section shall pay all reasonable costs of the quarantine and disposition of the animal, including charges for shipment of animal tissues, if required, to the Texas Department of Health laboratory for testing.
(p) Release of quarantined animal. An animal which has been quarantined may be released by the local rabies control authority at the end of the observation period upon a written release from a licensed veterinarian under the following conditions:
(1) Proof of vaccination or receipt of vaccination has been provided to the local rabies control authority prior to release from quarantine; and
(2) All applicable costs have been paid; and
(3) The animal is not being held for legal proceedings.
(q) Unlawful to expose others. It shall be unlawful for the owner of an animal that has rabies or symptoms which could reasonably indicate rabies, or that bites, scratches or otherwise creates a condition which may expose or transmit the rabies virus to any human being or other animal to fail or refuse to comply with any provisions of this article.
(r) Currently vaccinated guide dogs or police dogs. Currently vaccinated service animals or currently vaccinated police dogs shall not be required to be placed in quarantine when a bite is inflicted in the line of duty.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)
(a) Animals may be impounded by the director under any of the following circumstances:
(1) An animal is at large;
(2) An animal is reasonably suspected of having inflicted bodily harm on any human being or animal, or poses a threat to public safety or constitutes a public nuisance;
(3) A dog, cat or domestic ferret does not have a valid current rabies vaccination;
(4) A miniature swine does not have valid, current vaccinations for erysipelas, parvo virus and leptospirosis;
(5) The animal is a prohibited animal;
(6) An animal is not cared for in violation of § 6-65;
(7) An animal has rabies or symptoms thereof, or is an animal that a person could reasonably suspect as having rabies, or that bites, scratches or otherwise creates a condition which may have exposed or transmitted the rabies virus to any human being or animal;
(8) An animal is not kept in conformity with this chapter or state law; or
(9) A cat is roaming beyond the boundaries of the premises of the person having charge, care or ownership of the cat. A feral cat that is otherwise in the city's trap, neuter and return program shall not be subject to capture by the city merely for being at large.
(b) In order to abate the nuisance of unrestrained and unwanted animals, the director shall be the designated caretaker of an animal at the time the director:
(1) Takes custody of an impounded animal, or
(2) Identifies an unrestrained animal as a nuisance.
(c) Immediately upon intake, the director, as the designated caretaker, is authorized to provide each impounded animal with appropriate immunizations and parasite treatment and to implant a microchip for permanent identification. A licensed veterinarian or a person under the veterinarian's supervision shall perform any procedure or treatment that the veterinarian recommends or determines is appropriate.
(d) If, by a microchip, tag or other means, the owner of an impounded animal can be identified, the director shall, as soon as practicable after impoundment, notify the owner, if reasonably possible, that if the impounded animal is not redeemed within 96 hours after impoundment, disposition of the impounded animal shall occur in accordance with this chapter.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)
(a) Impounded dogs, including those released from quarantine, shall be kept for 96 hours from the date of impoundment. If the owner of such impounded animal does not redeem it within 96 hours after impoundment, the disposition of the animals will be in accordance with § 6-45. The animal may be disposed of prior to the expiration of such time if, in the professional opinion of the director, disposition is necessary to avoid the unnecessary suffering of a sick or injured animal.
(b) Impounded animals not found to have a microchip, including those released from quarantine, shall have a microchip implanted in the animal by the animal care and control authority.
(c) Impounded animals may be sterilized by the animal care and control authority if the director determines that the animal has no microchip or tag and a veterinarian determines that sterilization is appropriate for the animal.
(d) Impounded and quarantine released domestic animals shall be available for immediate redemption to their owner upon presenting photo identification, of which the city shall keep a copy, and paying all applicable fees.
(e) Impounded prohibited animals shall be available for immediate redemption by the owner after presenting photo identification, of which the city shall keep a copy, and after paying all applicable fees and signing an agreement with the city stipulating that the owner
(1) Shall, within 72 hours, lawfully remove from the city limits the prohibited animal and shall not allow the prohibited animal to return to the city; and
(2) Consents to the city humanely destroying the prohibited animal if the animal is found within the city limits. If the owner of a prohibited animal fails to comply with this subsection (d), the prohibited animal may be either euthanized or removed from the city as determined by the animal care and control authority. The owner of a prohibited animal shall pay to the city the applicable fees and costs of impoundment and handling.
(f) Amounts of the "applicable fees" are established by the city council. Types of "applicable fees" which must be paid by the animal owner to reclaim impounded or quarantined animals shall be determined in accordance with this subsection (f).
(1) An impoundment and boarding charge will be charged for all reclaimed animals. This charge shall take into account and reflect the species of the animal in question and whether such animal is a prohibited animal, is currently vaccinated against rabies, or is microchipped, or spayed or neutered.
(2) The impoundment and boarding charge shall also reflect whether the animal required quarantine. This charge will also reflect, apart from any quarantine issue, whether the animal could be housed with one or more others or required its own cage due to size or temperament. This charge shall also take into account and reflect the number of times that any dog or cat belonging to the same owner has been impounded at the animal care and control center within the preceding 12 months, for whatever reason. In each instance, the factors affecting the amount of the impoundment and boarding charge shall be itemized in the invoice provided to an owner at the time the animal is reclaimed.
(3) A microchip implantation fee will be charged if the impounded or quarantined animal does not have microchip or other approved identification as provided by this chapter prior to being impounded or quarantined.
(4) For any animal released pursuant to a sterilization and vaccination agreement, a deposit may be charged in an amount established annually by the city council. If an owner fails to provide proof to the animal care and control authority from a veterinarian that each animal subject to such agreement was sterilized and vaccinated within 30 days from the date the animal was reclaimed, the amount of such deposit shall be forfeited and used to defray costs associated with additional staff time required to ensure that each animal in question was sterilized and vaccinated.
(5) An impoundment and boarding charge will be made for every day and any part of a day that the animal is in the custody of the animal care and control center.
(6) Where an owner cannot provide proof to the animal care and control authority at the time of release from impoundment that the impounded animal is currently vaccinated against rabies, then a charge for the legally required vaccination will be made and a voucher provided to the owner to receive vaccination services from a veterinarian.
(7) A schedule of the current "applicable fees" for reclaiming impounded or quarantined animals is available for review at the animal care and control center.
(8) It is not a defense to prosecution of any citations that applicable impoundment, bite, boarding, vaccination, microchip or license fees have been paid.
(9) Based on the criteria established in the policy approved by the director, the director can waive or reduce fees for impoundment and boarding charges based upon the owners existing or agreed compliance with this chapter, or after the owners participation in the animal care and control authority's responsible pet ownership class, volunteer or community service programs.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)
Conditions for release of impounded animals are as follows:
(a) Before releasing any animal to the owner, the director shall require sufficient proof that reasonable precautions have been taken to prevent further violations of this chapter. If the owner does not submit sufficient proof of such precautions, the animal may continue to be impounded for three additional days. Upon the expiration of that second three-day period, the director shall determine the disposition of the impounded animal in accordance with the provisions of this chapter.
(b) No impounded animal suffering from disease, ailment or injury may be redeemed until the director is provided with sufficient information to determine that arrangements have been made for proper treatment of the animal by a licensed veterinarian.
(c) Except where otherwise provided in this chapter or by state law, animals not redeemed within 96 hours following impoundment or release from quarantine shall become the property of the city and shall at the direction of the director be placed for adoption in a suitable home, transferred to a qualified rescue or humane group, kept for city purposes, or be humanely euthanized.
(Ord. 23295-06-2018, § 1, passed 6-26-2018, eff. 7-6-2018)
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