CHAPTER 1
ANIMALS GENERALLY
ARTICLE 8. RABIES CONTROL
SECTION:
§4170 AUTHORITY AND PURPOSE
For the purpose of the preservation of public health, safety, and welfare in connection with the protection of human beings from rabies, the following Article is enacted.
Pursuant to section 1906 of the California Health and Safety Code, all Health Department personnel and peace officers shall carry out the provisions of this Chapter pertaining to rabies control.
The Division of Animal Control is empowered and authorized to assist, cooperate and enforce this Article.
Any peace officer, including properly designated contract agency or Animal Control officials, or public health official shall have the right to examine and enter upon all private premises as provided for in Health and Safety Code section 1908 for the enforcement of this Chapter as the same now exists or may subsequently be amended. (Ord. 923, §2, adopted 1991)
§4171 ADMINISTRATIVE CONTROL
A. Harboring Unvaccinated Dogs: No person shall own or harbor any dog after such dog attains the age of four (4) months which has not been vaccinated by a duly licensed veterinarian.
B. Certificate of Vaccination: After vaccinating any dog, the veterinarian performing such vaccination shall sign a certificate in triplicate containing the following information:
1. The name and address of the owner or harborer of the vaccinated dog.
2. The date of expiration of the vaccination.
3. The breed, color, sex and approximate size.
The Finance Department or the Division of Animal Control shall not issue license tags for any dog until it has been vaccinated with an antirabies vaccine by a licensed veterinarian in a manner approved by the County Health Officer. The owner of such dog shall exhibit to the Finance Department or the Division of Animal Control or the City a certificate of vaccination on the form provided by the Health Officer.
Every licensed veterinarian practicing veterinary medicine within the City shall submit to the Division of Animal Control or the City one copy of each rabies vaccination certificate issued. Copies of all certificates issued shall be submitted on a quarterly basis.
The Division of Animal Control shall retain and file its copy of the certificate for a period of no less than three (3) years.
When a certificate of rabies vaccination is issued for the purpose of issuing a dog license, the vaccination must be valid for the entire licensing period.
C. Exemption from Rabies Vaccination: Any dog may be exempted from antirabies vaccination during an illness or when the dog is not in physical condition to be vaccinated and the antirabies vaccination would be detrimental for a physiological reason to such dog’s health if a licensed veterinarian has examined the dog and certified in writing within five (5) days of examination that such vaccination should be postponed because of a specified illness. Old age, debility, and pregnancy will not exempt a dog from rabies vaccination. Exemption statements shall be valid only for the duration of the illness. The temporary exemption from vaccination does not exempt a dog from the licensing requirements once its physical condition permits.
D. Evidence of Vaccination: Possession of a certificate of vaccination on a duly approved form signed by a duly licensed veterinarian shall be prima facie evidence of vaccination of the dog referred to therein on the date indicated on said certificate.
E. False Representation of Certification: No person shall represent that any vaccination certificate in his possession or under his control was issued as a result of the vaccination of any dog other than the dog that was in fact vaccinated.
F. Stolen Certificate: No person shall make use of or have in his possession or under his control a stolen, counterfeit or forged vaccination certificate.
G. Presentation of Certificate on Demand: No person who owns or harbors any dog shall fail or refuse to exhibit the certificate required herein upon demand of the Health Officer, any Public Health Sanitarian, peace officer, or Animal Control Officer.
H. Time Limit for Vaccination: Any person who owns or harbors any dog which has been brought into the City shall, in the event such a dog has not been vaccinated as provided herein, have a period of ten (10) days from and after the arrival of such dog into the City within which to comply with this Chapter.
I. Reporting of Bites: It shall be the duty of any person having knowledge that any dog or other mammal has or is suspected of having bitten any human being, or other mammal, or in all cases of mammal bites treated by a physician to immediately report such occurrence or fact to the County Health Officer or to the Division of Animal Control and to furnish complete information regarding the incident.
The report shall state the name and address, and age and sex of the person bitten, and/or description of the mammal bitten, if any, location and extent of bite wound, address or location where such attack occurred, and any other specific information relating to the biting animal or the biting incident so requested by the Health Department or the Division of Animal Control and/or Animal Control Officer. A copy of the report shall be forwarded by the Division of Animal Control and/or Animal Control Officer to the County Health Department within seventy two (72) hours.
In the event that the Animal Control Officer secures information of the existence of a case of rabies or other animal diseases dangerous to human beings, he/she shall immediately report same to the Health Officer. The owner of any mammal which has or is suspected of having bitten any person or other mammal within the preceding ten (10) days for dogs and cats, and fourteen (14) days for all other mammals, shall immediately, upon demand, surrender such mammal to the Health Officer, peace officer, or Animal Control Officer for purposes of quarantine or confinement pursuant to Section 4172. (Ord. 923, §2, adopted 1991)
§4172 QUARANTINE
No persons shall refuse to obey the conditions of a lawfully imposed quarantine and no dog which has been held under quarantine shall be released without having been properly vaccinated and licensed.
Once an area has been declared a rabies area, during the period for which quarantine order is in force, any officer may kill or in his discretion, capture and hold for further action by the Health Department any mammal in a quarantine area, found on public highways, lands and streets, or not held in restraint on private premises as specified in this Section. The Health Department should be notified within twenty four (24) hours.
Notwithstanding any other provisions of this Article, a guide dog serving a blind master shall not be quarantined, in the absence of evidence that the dog has been exposed to rabies, unless its master fails:
A. To keep the dog safely confined to the premises of the master; and
B. To keep the dog available for examination at all reasonable times.
Notwithstanding any other provisions of this Article, a dog used by any State, County, City, or County law enforcement agency, shall not be quarantined after biting any person when such bite occurred while the dog was being used for any law enforcement purpose. After the particular assignment, the dog shall be quarantined for a period not to exceed ten (10) days from date of bite. The law enforcement agency shall make the dog available for examination at any reasonable time. The law enforcement agency shall notify the local Health Officer if the dog exhibits any abnormal behavior. (Ord. 923, §2, adopted 1991)
§4173 EPIDEMICS
Either the Health Officer or the County Veterinarian may determine and declare that an epidemic of other unusually dangerous health situation exists among animals in the City. Upon the making of such a declaration the Health Officer or the County Veterinarian shall prepare and promulgate, with the approval of the City Council, such rules and regulations as are necessary for the conduct of all persons within the area where the dangerous condition exists. These rules and regulations may include but are not limited to, quarantine, vaccination, and or destruction of diseased, exposed or stray animals by humane methods. It shall be the duty of the Division of Animal Control, the County Veterinarian, and the Health Officer to cooperate in the enforcement of such rules and regulations.
Notwithstanding the provisions of this Chapter, the provisions of the Health and Safety Code and Administration Code of the State relating to rabies shall prevail when such provisions are more stringent than those provided in this Article. (Ord. 923, §2, adopted 1991)
§4174 PENALTY
It is unlawful and a misdemeanor for any person having control, custody or possession of the mammal, whether or not that person is the owner of the mammal, to fail to surrender such mammal to the Health Officer, peace officer, or Animal Control Officer upon demand, to in any way hinder, interfere with or delay the officer’s designated herein with the enforcement of this Article, or to violate any requirement of this Article, unless a different penalty is provided for failure to comply with a specific requirement or prohibition. (Ord. 923, §2, adopted 1991)