(A) (1) Any person who knows of an animal bite or scratch to an individual that the person could reasonably foresee as being capable of transmitting rabies, or who knows of any animal that the person suspects as rabid, shall report the incident or animal to the CEO. The report to be given under this section shall contain the name and address of the victim or animal. In addition, upon written complaint of any person, the owner of such animal, if known, shall be notified by the CEO by the most expedient means available, which notification confines such animal for a period of not less than ten days from the date of such attack. The term PROPERLY CONFINE shall be constructed to include:
(a) Confinement in an annual hospital under the supervision of a licensed veterinarian, who
shall notify the CEO by telephone the same day such animal is received and further notify the CEO by telephone immediately upon the development of any symptoms auspicious of rabies; or
(b) Confinement in a humane society animal shelter, under the direct supervision of a licensed veterinarian, who shall notify the CEO by telephone the same day such animal is received and further notify the CEO by telephone immediately upon the development of any symptoms suspicious of rabies.
(2) In no event shall any animal which is the subject of this section be allowed to remain at the owner’s home unless a written evaluation by a licensed veterinarian, establishing the animal’s safety, is acquired by the owner and submitted to the CEO.
(B) Any animal dying of, or killed while suffering from, rabies or suspected of suffering from rabies shall be held for such disposition of the body, and under such conditions, as the CEO may prescribe.
(C) (1) (a) The city’s Animal Control Officer, Health Officer and peace officer are designated as the local rabies control authority for the city. The city is authorized to enter into an agreement to designate the following entity as a local rabies control authority: the Palm Valley Animal Center, located in Edinburg, Texas, is hereby designated as an authorized representative for the city’s local rabies control authority.
(b) The local rabies control authority shall enforce:
1. Tex. Health and Safety Code Ch. 826, cited as the Rabies Control Act of 1981;
2. City rules, regulations, ordinances and codes related to animal control; and
3. Rules adopted by the executive commission under the area rabies quarantine provisions of Tex. Health and Safety Code § 826.045;
4. Tex. Administrative Code Ch. 169, Zoonosis Control, Rule § 169.27, Quarantine Method and Testing, with the following exception: the local rabies control authority shall not allow home confinement of a dog, cat or domestic ferret that has bitten a human has been identified, to quarantine such animals;
5. Tex. Health and Safety Code Ch. 821, Treatment and Disposition of Animals; and
6. Tex. Health and Safety Code Ch. 822, Regulations of Animals.
(2) The Animal Control Officer, Health Officer and peace officer are authorized to enforce the provisions of this division (C), other applicable state law or rules and:
(a) Tex. Health and Safety Code Ch. 821, Treatment and Disposition of Animals; and
(b) Tex. Health and Safety Code Ch. 822, Regulations of Animal.
(Ord. 2013-04, passed 2-9-2013; Ord. 2017-01, passed 1-17-2017) Penalty, see § 90.99
Statutory reference:
Authority of city to adopt this chapter and to designate a local rabies control authority, see Tex. Health and Safety Code Ch. 826, §§ 826.013, 826.015 and 826.017