Sec. 5-125. - Required vaccination.

An owner of a dog, cat or domestic ferret must have the animal vaccinated against rabies in a manner that satisfies the requirements of state law.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-126. - Reporting, bites, scratches; zoonotic diseases.

(a)

Any veterinarian or person having knowledge of an animal having bitten, scratched or injured a person or other animal, within the city shall report the incident to the director who is also the local rabies control authority immediately.

(b)

Any veterinarian or other person having knowledge of an animal diagnosed as having any reportable zoonotic disease shall report same to the director within five (5) days.

(c)

The owner of such diseased or biting or scratching animal who learns of such incident shall immediately give his name and address together with the animal's license number and date of last rabies vaccination to the person bitten or injured or to a parent or guardian of such person who is under the age of eighteen (18) years. The owner shall notify the director within twenty-four (24) hours of his name; the animal's license number; the name of the injured person, and other information requested by the director related to the animal and injured party.

(d)

If the animal care services officer is present, the owner/keeper shall immediately surrender the animal. If an animal care services officer is not present and the owner/keeper does not surrender the animal to the animal care services facility within twenty-four (24) hours of the incident occurring, the director or any appointed animal care officer shall seize and impound any animal for rabies observation upon the sworn affidavit of any person with knowledge that the animal has bitten a person or another animal. An administrative search warrant shall be obtained from any municipal court judge or other magistrate to enter onto private property to search for the biting animal if permission to enter is not given.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-127. - Confinement of biting, scratching animals.

(a)

The owner of any animal within the city which has bitten or scratched a person so as to have caused an abrasion of the skin shall, on demand of the director or any animal care officer, immediately surrender such animal to the animal care services facility, or other approved rabies quarantine facility for observation for a period lasting not more than ten (10) days after the date of the incident, subject to the provisions of subsection (b).

(b)

The owner of any animal that has bitten or scratched any person shall be allowed to assume personal responsibility for confining the animal for the observation period of ten (10) days, only under the following circumstances:

(1)

Secure facilities must be available at the home of the animal's owner, and must be approved by the director;

(2)

The animal was currently vaccinated against rabies when the exposure incident occurred;

(3)

The animal was not in violation of any laws or ordinances at the time of the bite; and

(4)

The director, city veterinarian or a licensed veterinarian must observe the animal at least on the first and last days of the quarantine period. If the animal becomes ill during the observation period, the director must be notified by the person having possession of the animal. At the end of the observation period, the release from quarantine must be accomplished in writing by the veterinarian who will attest to the health of the animal.

(c)

If an animal is believed to have rabies or has been bitten by an animal suspected of having rabies, such animal shall be quarantined for observation by a veterinarian for the appropriate period as required by state law.

(d)

Violation of the observation confinement of the biting animal as provided in subsection (b) shall be just cause for seizure and confinement of the animal in the animal care facility of the city.

(e)

All wild animals involved in exposure incidents including biting, scratching or any other direct exposure by physical contact will be humanely euthanized in such a manner that the brain is not mutilated. The brain shall be submitted to a Texas Department of State Health Services certified laboratory for rabies diagnosis.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-128. - Concealment, sale of biting animal prohibited.

It shall be unlawful for any owner within the city to conceal, sell, give away or otherwise dispose of an animal that has bitten or scratched another animal or a human, or to otherwise permit the animal to be taken beyond the limits of the city after having knowledge of the animal's having bitten or having so injured another animal or a person as to cause an abrasion of the animal's or person's skin, until such animal is released by the director.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-129. - Confinement of animals infected with or exposed to rabies.

The owner of any animal infected with rabies, or who reasonably suspects his animal of having such an infection, shall notify the police department or the animal care services facility of the fact that his animal has been infected with or exposed to rabies. The director is empowered to have such animal removed from the owner's premises to the animal care services facility, or at the request of the owner, such animal may be placed in a veterinary hospital, and shall be placed under observation for the appropriate period as required by state law. Whether confined in the animal care services facility or a veterinary hospital, the owner shall bear the expense of the confinement.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-130. - Confinement at owner's expense; payment.

Any animal surrendered to the animal care services facility for the purpose of observation as provided in this chapter shall be kept at the facility and shall be fed and cared for at the expense of the owner. Such fees are to be paid to the city before the animal can be reclaimed from the animal care services facility at the end of the authorized quarantine and observation period.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-131. - Release of animal subject to certification by veterinarian.

No animal shall be released from the observation period provided for in this article unless a licensed veterinarian certifies in writing to the director that such animal is not showing symptoms of rabies. Exemption from placing such animal in the animal care services facility or in a veterinary hospital as provided in subsection 5-127(b) shall not exempt such owner from securing a proper release, as provided above.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-132. - Euthanization of rabid animals, wild biting animals.

When in the opinion of the director the animal has exhibited signs of incipient rabies, the animal will be immediately euthanized and the brain submitted to a Texas Department of State Health Services certified laboratory approved by the director for diagnosis. In the case of biting wild animals, euthanasia shall be performed immediately and the brain submitted for rabies diagnosis.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-133. - Impoundment of animals unclaimed after quarantine.

Any animal quarantined at the city's animal care services facility not reclaimed by its owner within twenty-four (24) hours of the expiration of the quarantine or observation period provided in this chapter shall become the property of the city and may be offered for adoption or humanely euthanized at the discretion of the director.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-134. - Notification of authorities upon knowledge of rabid animal.

Any person having knowledge of any animal being infected with rabies or reasonably suspecting such infection shall immediately notify the animal care services facility or the police department of such fact or suspicion giving the name of the owner, possessor, keeper or harborer of such animal, if the same be known, together with a description of such animal and where such animal may be found.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-135. - Final disposition of rabid, nonrabid animals.

Where an animal has been bitten by another animal, and the biting animal described in this section is determined not to have rabies, then both animals will be released from observation. If the biting animal is determined to be rabid, and the animal victim is possessed of a current vaccination certificate, then the owner of the animal victim will have the option of immediately having the animal victim humanely euthanized, or, in the alternative, revaccinated and quarantined for a period of ninety (90) days. However, if the animal victim is not possessed of a current vaccination certificate, then the owner of said animal victim will have the option of immediately having said animal victim humanely euthanized, or, in the alternative, vaccinated and quarantined for a period of one hundred and eighty (180) days.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-136. - Health emergencies.

Upon a finding by the director of health that a health emergency exists due to the imminent threat of rabies or other disease communicable by animals, he shall have the authority to order that all unrestrained animals be impounded and destroyed immediately; except that, no emergency order shall continue for a period longer than seven (7) days without the consent of the city council.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Sec. 5-137. - Joint animal vaccination drives.

The director is hereby authorized to conduct periodic rabies vaccination drives in cooperation with the Veterinary Medical Association of Bexar County for the public health benefit of the community.

(Ord. No. 2010-06-17-0555, § 1, 6-17-10)

Secs. 5-138—5-149. - Reserved.