§ 90.05  CONFINEMENT OF BITING ANIMALS.
   (A)   (1)   It shall be unlawful for the owner of any dog, cat or other animals, when notified by the county animal control that the dog, cat or other animal has bitten any person, or other animal, to sell or give away, conceal or otherwise dispose of the dog, cat or other animal or to permit or allow the dog, cat or other animal to be taken beyond the limits of the county.
      (2)   It shall be the duty of the owner of a biting animal, upon receiving notice from the county animal control, to deliver the dog, cat or other animal within 24 hours to a licensed veterinarian for confinement and observation, at the expense of the owner, for a period of ten days.
      (3)   The veterinarian confining and observing the biting dog, cat or other animal shall report immediately by telephone, fax, in person or by other than use of the mail, and shall inform in writing to the county animal control within 24 hours after the dog, cat or other animal is presented for confinement and observation, the clinical condition of the dog, cat or other animal, the owner’s name, address and the date of confinement, the breed, description, age and sex of the dog, cat or other animal on forms provided by the county animal control. Within 24 hours after the end of confinement and observation period, the licensed veterinarian shall submit a written report to the county animal control advising it of the final disposition (free from signs or evidence of rabies) of the dog, cat or other animal on forms provided by the county animal control.
   (B)   The Administrator or his or her authorized representative may reduce the confinement period of an animal, which has bitten a person, to less than ten days when:
      (1)   It is deemed advisable for humane reasons, i.e. injury, disease conditions;
      (2)   The animal inflicting the bite has been maintained in a controlled environment in a research institution for a period of at least six months, or for the life of the animal;
      (3)   A physician indicates in writing that post-exposure anti-rabies treatments may endanger the life of the person bitten;
      (4)   Written permission is obtained from the owner of the biting animal;
      (5)   The animal is deemed to be a stray by the Administrator; or
      (6)   The animal shall be humanely dispatched at the end of the reduced confinement period and the brain submitted directly to a recognized laboratory for rabies examination. It shall be the responsibility of the person requesting the reduced confinement period to assure that the brain is transported, without delay, to a recognized laboratory so it will arrive in a satisfactory condition for rabies examination.
   (C)   (1)   If, however, the dog, cat or other animal is examined by a licensed veterinarian within 24 hours after notification of an owner by county animal control and found to be free of signs of rabies and the Administrator is presented evidence that the dog, cat or other animal has been inoculated against rabies more than 30 days prior to the biting and less than one year if a one-year immunity vaccine is used, or less than three years if a three-year immunity vaccine is used, the dog, cat or other animal may be confined in the house of its owner or in a manner that will prohibit the dog, cat or other animal from escaping and from biting any person or animal for the ten-day period, if the Administrator or Deputy Administrator veterinarian adjudges each confinement satisfactory. At the end of the ten-day period, the owner shall present the dog, cat or other animal for re-examination by the licensed veterinarian. If the dog, cat or other animal is confined as described in this division, the licensed veterinarian shall report to the County Animal Control Department the clinical condition of the dog, cat or other animal immediately, by telephone, fax, in person or by other than the use of the mail, as described in division (A) above, with subsequent written reports within 24 hours of the beginning of confinement.
      (2)   If the owner fails to present the dog, cat or other animal for re-examination by the licensed veterinarian within 24 hours of the completion of the ten-day confinement period, the licensed veterinarian shall notify the county animal control of this fact immediately, by telephone, fax, in person or by other than use of the mail.
      (3)   Should the animal become ill, die or escape during the ten-day period, the owner shall immediately notify the county animal control.
   (D)   If the dog, cat or other animal escapes from the house of its owner, or from another place of confinement provided by its owner, during the ten-day confinement period or if the owner fails to deliver the dog, cat or other animal to a licensed veterinarian for re-examination within 24 hours of the completion of the ten-day confinement period, the owner is hereby declared to be in violation of this section of this chapter. In addition, the owner of an escaped dog, cat or other animal shall immediately apprehend it and deliver it to a licensed veterinarian for confinement at the owner’ expense, for the remainder of the ten-day period.
   (E)   For the purpose of carrying out the provisions of this section, the Administrator, his or her authorized representative, or any officer of the law is authorized to enter upon private premises to apprehend or seize a biting animal. If after request therefore, the owner of the animal shall refuse to deliver the biting animal to a licensed veterinarian for rabies observation, the owner shall be in violation of this section.
   (F)   The owner of a dog, cat or ferret four months or older, not currently inoculated against rabies, as provided elsewhere in this chapter, must have the dog, cat or ferret inoculated against rabies at the time of release from confinement.
   (G)   It is unlawful for the owner of a dog or other animal that has bitten a person to refuse or fail to comply with the written or printed instructions made by the Administrator or his or her authorized representative. If instructions cannot be delivered in person, they shall be mailed to the owner of the dog or other animal by regular mail, postage prepaid. The affidavit or testimony of the Administrator, or his or her authorized representative, delivering or mailing the instructions is prima facie evidence that the owner of the dog or other animal was notified of his or her responsibilities.
   (H)   All costs of examination, confinement observation, notification and inoculation shall be borne by the owner of the dog, cat or other animal.
(1980 Code, § 90.05)  (Res. 99-61, adopted 2-18-1999; Res. 06-122, adopted 3-16-2006)  Penalty, see § 90.99