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CITY -OF SAN BE.QAADINO - REQUES,c:}:OR COUNCIL ACTION
From: Peggy Ducey
Subject: Ordinance amending Chapter 6.24 of
S.B.M.C. regarding rabies vaccination
requirements.
Dept: City Administrator
Date: 3-25-92
Synopsis of Previous Council action:
1964
Ordinance 2561 adopted.
3-25-92
Ways and Means Committee approved licensing proposals.
Recommended motion:
That further reading of the ordinance be waived and that it be laid over
for final adoption.
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Slg alure
Contact parlon:
Peggy Ducey
Phon.:
384-5122
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
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ClTY' OF SAN BE.QARDINO - REQUES,c)OR COUNCIL ACTION
STAFF REPORT
At the present time, 42.4% of all dogs in the city are licensed.
Staff has proposed a number of programs aimed at increasing this
number. The programs include a "veterinary partnership" whereby
area veterinarians sell licenses to their clients 1 two-way
licensing envelopes to be available at veterinarian offices and pet
shops 1 and a licensing form in the city's newsletter. A modest
increase in dog license fees has also been proposed.
Another method for increasing the number of animals licensed is to
enact an ordinance requiring veterinarians to forward copies of
rabies vaccination certificates to Animal control. Many cities and
counties have passed similar legislation so their animal control
agencies can more easily track unlicensed animals and have them
licensed, thereby incorporating them into the system. Los Angeles
city, Orange County, San Diego County and the City of cotati, among
others, have enacted such legislation. Such an ordinance could
easily be passed in San Bernardino. Although some veterinarians do
object to government interference on the basis of doctor/patient
privilege, this privilege does not extend to animals.
Administration costs would include postage and staff time for
cross-referencing, notification, and licensing, but these costs
cannot be determined without knowing the number of certificates
Animal control will receive.
Further, the present rabies vaccination and quarantine ordinance is
in conflict with current state statutes. The proposed ordinance
will rectify such conflicts. The seven new sections are:
6.24.190: Exempts a dog from being vaccinated against rabies
during illness.
6.24.220: Prohibits animals from being vaccinated with a
vaccine not approved for use in that species (i.e. dogs can't be
vaccinated with a feline vaccine).
6.24.210: Requires that anyone having knowledge of an animal
bite must report it to Animal Control.
6.24.220, 6.24.230 and 6.24.240: Establishes regulations for
quarantine and/or destruction of animals which have bitten a
person, is suspected of having rabies, has had contact with a rabid
or suspected rabid animal, or exhibits common symptoms of rabies.
6.24.240: Prohibits the concealment or withholding of an
animal for quarantine or destruction.
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.170
OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO RABIES
VACCINATION REQUIREMENTS AND THE ISSUANCE OF RABIES VACCINATION
CERTIFICATES, ADDING SECTIONS 6.24.190 THROUGH 6.24.250 TO THE SAN
BERNARDINO MUNICIPAL CODE ESTABLISHING RABIES CONTROL PROVISIONS,
AND DELETING SECTIONS 6.24.070 AND 6.24.120 IN THEIR ENTIRETY.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 6.24.170 of the San Bernardino Municipal
Code is amended to read as follows:
"6.24.170 Rabies Vaccination Required--~ertificates.
A. Every person, firm or corporation who owns, harbors,
keeps or possesses, or has in his or her care, charge, custody or
control any dog over four months of age shall cause such dog to
be vaccinated against rabies by or under the direction of any duly
licensed veterinarian, with a rabies vaccine approved by the state
Department of Health Services for use in dogs. Such vaccinations
shall be repeated at intervals specified by the State Department
of Health Services in order to maintain adequate immunity.
Compliance with the rabies vaccination provisions shall be a
condition to the issuance or renewal of a dog li~ense.
B. Each duly licensed veterinarian who vaccinates or causes
or directs to be vaccinated any animal with a rabies vaccine shall
complete and sign a rabies certificate in triplicate. The
veterinarian shall keep one copy and, shall give one copy to the
owner or keeper of the vaccinated animal. The veterinarian shall
submit to Animal Control a legible copy of each certificate within
five days of the beginning of each month, for any animal so
vaccinated during the previous month."
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.170
OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO RABIES
VACCINATION REQUIREMENTS AND THE ISSUANCE OF RABIES VACCINATION
CERTIFICATES, ADDING SECTIONS 6.24.190 THROUGH 6.24.250 TO THE SAN
BERNARDINO MUNICIPAL CODE ESTABLISHING RABIES CONTROL PROVISIONS,
AND DELETING SECTIONS 6.24.070 AND 6.24.120 IN THEIR ENTIRETY.
SECTION 2. Section 6.24.190 is hereby added to the San
Bernardino Municipal Code to read as follows:
"6.24.190 Exemption from rabies vaccination during illness.
Notwithstanding any other provisions of this chapter, a dog need
not be vaccinated for rabies during an illness if a licensed
veterinarian has examined the dog and certified in writing that
such vaccination should be postponed because of a specified
illness. Old age, debility, and pregnancy are not considered
contra indications to rabies vaccination. Exemption certificates
are subject to approval of the Animal Control Department and shall
be valid only for the duration of the illness. Exemption from
vaccination does not exempt the dog from the licensing
requirement...
SECTION 3.
section 6.24.200 is hereby added to the San
Bernardino Municipal Code to read as follows:
"6.24.200 Vaccination of other animals.
A. The same vaccination procedure and exemption shall apply
to other animals if the Director or designated officer shall deem
this prudent to ensure the safety of the public based on the
recommendations of the State Department of Health Services.
B. No animal shall be vaccinated against rabies unless such
vaccine is currently licensed for use in such animal in the United
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ORDINANCE OF THE CITY OF SAN BERNARDINO 'AMENDING SECTION 6.24.170
OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO RABIES
VACCINATION REQUIREMENTS AND THE ISSUANCE OF RABIES VACCINATION
CERTIFICATES, ADDING SECTIONS 6.24.190 THROUGH 6.24.250 TO THE SAN
BERNARDINO MUNICIPAL CODE ESTABLISHING RABIES CONTROL PROVISIONS,
AND DELETING SECTIONS 6.24.070 AND 6.24.120 IN THEIR ENTIRETY.
States and approved for use in such animal by the State Department
of Health Services."
SECTION 4.
section 6.24.210 is hereby added to the San
Bernardino Municipal Code to read as follows:
"6.24.210 Reporting of animal bites.
A. Any person having knowledge of an animal bite of a human
being shall report such bite to Animal Control immediately.
B.
The owner or custodian of any dog or cat which is known
to have been bitten by or having contact with a rabid animal or
by an animal suspected of having rabies shall immediately notify
Animal Control."
SECTION 5.
section 6.24.220 is hereby added to the San
Bernardino Municipal Code to read as follows:
"6.24.220 confinement or destruction of dogs and cats
suspected of having rabies.
A. Any dog or cat found within the city reasonably
suspected of having rabies, having contact with a rabid or
suspected rabid animal, or exhibiting the common symptoms of such
disease shall be taken into custody immediately by the animal
control officer and confined in the city animal shelter or at a
private veterinarian establishment approved by the Director. The
animal shall be kept in solitary confinement for such time as
recommended by the State Department of Health Services to
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.170
OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO RABIES
VACCINATION REQUIREMENTS AND THE ISSUANCE OF RABIES VACCINATION
CERTIFICATES, ADDING SECTIONS 6.24.190 THROUGH 6.24.250 TO THE SAN
BERNARDINO MUNICIPAL CODE ESTABLISHING RABIES CONTROL PROVISIONS,
AND DELETING SECTIONS 6.24.070 AND 6.24.120 IN THEIR ENTIRETY.
determine whether the animal is afflicted with rabies.
B. At the time any such animal is impounded, an attempt
shall be made to discover whether the animal has been vaccinated
8 previously against rabies. If it is found that such animal has
9 not been vaccinated effectively, then such animal shall be
vaccinated by a licensed veterinarian after the last day of the
observation period described in paragraph (Al above unless the
animal is humanely destroyed pursuant to paragraph (Cl below.
C. The animal control officer may cause to be humanely
destroyed any dog or cat which, in the opinion of a veterinarian
or animal health technician, has rabies, or in need of confinement
pursuant to paragraph (Al above but such confinement is impossible
17 or impractical. In such circumstance, the animal control officer
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shall arrange to have the head of such dog or cat examined for the
purpose of confirming rabies. If the opinion of a veterinarian
or animal health technician is not reasonably obtainable, the
officer may act on his or her own opinion.
D. All expenses incurred with the enforcement of the
provisions of this section shall be borne by the owner or
custodian of the dog or cat."
SECTION 6.
Section 6.24.230 is hereby added to the San
Bernardino Municipal Code to read as follows:
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.170
OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO RABIES
VACCINATION REQUIREMENTS AND THE ISSUANCE OF RABIES VACCINATION
CERTIFICATES, ADDING SECTIONS 6.24.190 THROUGH 6.24.250 TO THE SAN
BERNARDINO MUNICIPAL CODE ESTABLISHING RABIES CONTROL PROVISIONS,
AND DELETING SECTIONS 6.24.070 AND 6.24.120 IN THEIR ENTIRETY.
"6.24.230 Confinement or destruction of dogs and cats which
have bitten a person.
A. Every dog or cat which has bitten a person or is
suspected of having bitten a person shall be quarantined away from
other animals for a period of ten (10) days from the date of the
bite, or other period of time as determined by the State
Department of Health Services. The animal control officer may
order the animal quarantined at the shelter, at a private
veterinarian clinic, or at the home of the owner, depending on the
conditions of the bite, the severity of the bite, previous bite
history, the owner's ability to satisfy quarantine orders, and
whether or not local ordinances were in observance at the time of
the bite.
B.
If the animal does not have a current rabies
vaccination, it shall not be vaccinated until the end of the
quarantine period.
C. The animal control officer may cause to be humanely
destroyed any dog or cat when in the opinion of a veterinarian or
animal health technician, such confinement as described in
paragraph (A) is impossible or impractical. In such cases, the
animal control officer shall arrange to have the head of such dog
or cat examined for rabies. If the opinion of a veterinarian or
animal health technician is not reasonably obtainable, the officer
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.170
OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO RABIES
VACCINATION REQUIREMENTS AND THE ISSUANCE OF RABIES VACCINATION
CERTIFICATES, ADDING SECTIONS 6.24.190 THROUGH 6.24.250 TO THE SAN
BERNARDINO MUNICIPAL CODE ESTABLISHING RABIES CONTROL PROVISIONS,
AND DELETING SECTIONS 6.24.070 AND 6.24.120 IN THEIR ENTIRETY.
may act on his or her own opinion.
D. All expenses occurred with the enforcement of the
provisions of this section shall be borne by the owner or
custodian of the dog or cat."
SECTION 7.
section 6.24.240 is hereby added to the San
Bernardino Municipal Code to read as follows:
"6.24.240 Confinement or destruction of other animals.
Any animal other than a dog or cat, which has bitten a
person, has had contact with a rabid or suspected rabid animal,
is reasonably suspected of having rabies, or exhibiting the common
symptoms of rabies shall be confined for quarantine purposes or
destroyed in accordance with the recommendations of the State
Department of Health Services or the local Health Officer."
SECTION 8.
Section 6.24.250 is hereby added to the San
Bernardino Municipal Code to read as follows:
"6.24.250 Concealment or withholding of animal.
It shall be unlawful to conceal, withhold or refuse to
surrender any animal that is suspected of being rabid, has been
bitten by a rabid or suspected animal or that has bitten a person,
to prevent it from being confined or destroyed in accordance with
this chapter."
SECTION 9.
Section 6.24.070 of the San Bernardino
Municipal Code is hereby repealed in its entirety.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.170
OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO RABIES
VACCINATION REQUIREMENTS AND THE ISSUANCE OF RABIES VACCINATION
CERTIFICATES, ADDING SECTIONS 6.24.190 THROUGH 6.24.250 TO THE SAN
BERNARDINO MUNICIPAL CODE ESTABLISHING RABIES CONTROL PROVISIONS,
AND DELETING SECTIONS 6.24.070 AND 6.24.120 IN THEIR ENTIRETY.
SECTION 10.
section 6.24.120 of the San Bernardino
Municipal Code is hereby repealed in its entirety.
I HEREBY CERTIFY that the foregoing ordinance of the city of
San Bernardino was duly adopted by the Mayor and Common council
of the City of San Bernardino at a
meeting
thereof, held on the
following vote, to wit:
day of
1992, by the
Council Members
~
HAm
ABSTAIN ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLUM
MILLER
RACHEL KRASNEY
City Clerk
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.170
OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO RABIES
VACCINATION REQUIREMENTS AND THE ISSUANCE OF RABIES VACCINATION
CERTIFICATES, ADDING SECTIONS 6.24.190 THROUGH 6.24.250 TO THE SAN
BERNARDINO MUNICIPAL CODE ESTABLISHING RABIES CONTROL PROVISIONS,
AND DELETING SECTIONS 6.24.070 AND 6.24.120 IN THEIR ENTIRETY.
of
The foregoing ordinance is hereby approved this
, 1992.
day
w. R. HOLCOMB, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By:PL7~
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