§ 6-17. Rabies control, generally.

(a)

The responsibility for the control of rabies within the city shall rest with the department, and the director of the department is duly designated as the local health authority for the purpose of the Rabies Control Act of 1981 (Chapter 826 of the Texas Health and Safety Code).

(b)

The following provisions apply to animals that bite, scratch, or otherwise attack a person in a manner in which rabies may be transmitted:

(1)

Except as provided in subsection (b)(3) of this section, every such animal shall be seized at once and:

a.

Humanely destroyed and sent to a laboratory for testing;

b.

Held under observation by the director at BARC in quarantine for 240 hours from the date and time of potential exposure at the expense of the owner of the animal; or

c.

If the owner of the animal desires, the animal may be confined for observation in a veterinary hospital or clinic approved by the director at the owner's expense for the same period of time as the animal would be confined for observation at BARC. The director shall approve a request upon the owner's showing that the veterinary hospital or clinic proposed by the owner is able to properly confine and observe the animal, and that it is willing and available to confine the owner's animal.

(2)

If the animal is held in quarantine at BARC, payment for the impounding, licensing, microchipping, and veterinarian services is due at the time of the animal's intake. Upon release of the animal, payment for the boarding of the animal is due. The fees described in this subsection are stated for these provisions in the city fee schedule. If, by the date the animal is to be released from BARC, the owner does not pay all amounts due and owed, the owner shall relinquish ownership of the animal and the animal shall become the property of BARC for disposition as BARC deems appropriate.

(3)

The following dogs and cats may be quarantined upon the approval of the director on the owner's premises for a period of 240 hours immediately following the date and time the animal has attacked a person if the animal had a current rabies vaccination at the time of the potential exposure:

a.

Dogs or cats confined on the owner's premises;

b.

Dogs or cats restrained on the owner's premises; and

c.

Dogs or cats under the direct physical control of the owner.

(4)

All animals quarantined on the owner's premises must be examined by a veterinarian either at BARC or at a private veterinary clinic at the beginning of the quarantine period and examined a second time by a veterinarian at the end of the quarantine period, provided however, that if the animal has a current city license at the time of the potential exposure, an animal control officer may perform the first examination. If the animal is not licensed with the city at the time of the potential exposure, the animal must be quarantined at BARC until the owner acquires a city license for the animal. Upon licensing, the animal will be released into the custody of the owner for the remainder of the quarantine period upon payment of all amounts due and owed for the quarantine of the animal at BARC. If the animal is examined by a veterinarian at any place other than BARC, the owner shall provide BARC with a written report from the veterinarian setting out the results of each examination within 24 hours after the examination has been made.

(5)

Any owner of an animal subject to quarantine under this subsection that fails to keep the animal confined, fails to have the animal examined by a veterinarian or an animal control officer, as applicable, or fails to provide BARC a veterinarian's report of the results of an examination when required to do so under the provisions of this subsection shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than $100.00 nor more than $2,000.00.

(6)

None of the provisions of this subsection apply to any dangerous dog surrendered to the director pursuant to article VI of this chapter.

(b)

No animal that has rabies shall be allowed at any time on the streets or public ways of the city. No animal that has been suspected of having rabies shall be allowed at any time on the streets or public ways of the city until the animal has been released from quarantine by the director or under his direction.

(c)

The owner or person in charge of any animal that has rabies or symptoms thereof, or that has been exposed to rabies, or that has bitten, scratched or otherwise attacked any person in a manner in which rabies may be transmitted shall, on demand, turn over the animal to the director.

(d)

Any person having knowledge of an animal considered to be a high risk for the rabies virus, which animal has bitten, scratched or otherwise attacked, contacted, or exposed any animal in a manner in which rabies may be transmitted, is required to report it immediately to the department. The owner or person in charge of the animal shall, on demand, turn over the animal to the director for testing. For purposes of this subsection, animals considered to be a high risk for the rabies virus are animals that have a high probability of transmitting rabies, including skunks, bats, foxes, coyotes, and raccoons.

(e)

No person shall dispose of the body of any animal that has died of rabies except as directed by the director.

(f)

The director shall check and record all cases of rabies and of suspected rabies.

(g)

Any person having knowledge of an animal bite is required to report it immediately to the department.

(h)

The police and fire departments shall electronically transmit to BARC reports made to their respective departments of any animal that has:

(1)

Rabies or symptoms thereof;

(2)

Been exposed to rabies; or

(3)

Bitten, scratched or otherwise attacked any person in a manner in which rabies may be transmitted.

The police and fire departments shall transmit the reports daily and shall include all relevant information gathered as a result of the response to the incident by the respective department.

(Ord. No. 2014-244, § 2(Exh. A), 3-26-2014)