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HomeMy WebLinkAbout28-Animal Control ORDINANCE NO. 1 2 3 4 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 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. Section 6.24.170 of the San Bernardino Municipal 7 Code is amended to read as follows: 8 "6.24.170 Rabies Vaccination Required--Certificates. 9 A. Every person, firm or corporation who owns, harbors, 10 keeps or possesses, or has in his or her care, charge, custody or 11 control any dog over four months of age shall cause such dog to 12 be vaccinated against rabies by or under the direction of any duly 13 licensed veterinarian, with a rabies vaccine approved by the State 14 Department of Health services for use in dogs. Such vaccinations 15 shall be repeated at intervals specified by the State Department 16 of Health services in order to maintain adequate immunity. 17 Compliance with the rabies vaccination provisions shall be a 18 condition to the issuance or renewal of a dog license. 19 B. Each duly licensed veterinarian who vaccinates or causes 20 or directs to be vaccinated any animal with a rabies vaccine shall 21 complete and sign a rabies certificate in triplicate. The 22 veterinarian shall keep one copy and shall give one copy to the 23 owner or keeper of the vaccinated animal. The veterinarian shall 24 submit to Animal Control a legible copy of each certificate within 25 five days of the beginning of each month, for any animal so 26 vaccinated during the previous month." 27 28 4-2-92 -1- (ii) 1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.170 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO RABIES 2 VACCINATION REQUIREMENTS AND THE ISSUANCE OF RABIES VACCINATION CERTIFICATES, ADDING SECTIONS 6.24.190 THROUGH 6.24.250 TO THE SAN 3 BERNARDINO MUNICIPAL CODE ESTABLISHING RABIES CONTROL PROVISIONS, AND DELETING SECTIONS 6.24.070 AND 6.24.120 IN THEIR ENTIRETY. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 contraindications 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 4-2-92 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 . 28 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 4-2-92 -3- 1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.170 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO RABIES 2 VACCINATION REQUIREMENTS AND THE ISSUANCE OF RABIES VACCINATION CERTIFICATES, ADDING SECTIONS 6.24.190 THROUGH 6.24.250 TO THE SAN 3 BERNARDINO MUNICIPAL CODE ESTABLISHING RABIES CONTROL PROVISIONS, AND DELETING SECTIONS 6.24.070 AND 6.24.120 IN THEIR ENTIRETY. 4 5 determine whether the animal is afflicted with rabies. 6 B. At the time any such animal is impounded, an attempt 7 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 10 vaccinated by a licensed veterinarian after the last day of the 11 observation period described in paragraph (A) above unless the 12 animal is humanely destroyed pursuant to paragraph (C) below. 13 C. The animal control officer may cause to be humanely 14 destroyed any dog or cat which, in the opinion of a veterinarian 15 or animal health technician, has rabies, or in need of confinement 16 pursuant to paragraph (A) above but such confinement is impossible 17 or impractical. In such circumstance, the animal control officer 18 shall arrange to have the head of such dog or cat examined for the 19 purpose of confirming rabies. If the opinion of a veterinarian 20 or animal health technician is not reasonably obtainable, the 21 officer may act on his or her own opinion. 22 D. All expenses incurred with the enforcement of the 23 provisions of this section shall be borne by the owner or 24 custodian of the dog or cat." 25 SECTION 6. section 6.24.230 is hereby added to the San 26 Bernardino Municipal Code to read as follows: 27 28 4-2-92 -4- 1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.170 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO RABIES 2 VACCINATION REQUIREMENTS AND THE ISSUANCE OF RABIES VACCINATION CERTIFICATES, ADDING SECTIONS 6.24.190 THROUGH 6.24.250 TO THE SAN 3 BERNARDINO MUNICIPAL CODE ESTABLISHING RABIES CONTROL PROVISIONS, AND DELETING SECTIONS 6.24.070 AND 6.24.120 IN THEIR ENTIRETY. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "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 4-2-92 -5- 1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.170 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO RABIES 2 VACCINATION REQUIREMENTS AND THE ISSUANCE OF RABIES VACCINATION CERTIFICATES, ADDING SECTIONS 6.24.190 THROUGH 6.24.250 TO THE SAN 3 BERNARDINO MUNICIPAL CODE ESTABLISHING RABIES CONTROL PROVISIONS, AND DELETING SECTIONS 6.24.070 AND 6.24.120 IN THEIR ENTIRETY. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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." 25 SECTION 9. Section 6.24.070 of the San Bernardino 26 27 28 Municipal Code is hereby repealed in its entirety. 4-2-92 -6- 1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 6.24.170 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO RABIES 2 VACCINATION REQUIREMENTS AND THE ISSUANCE OF RABIES VACCINATION CERTIFICATES, ADDING SECTIONS 6.24.190 THROUGH 6.24.250 TO THE SAN 3 BERNARDINO MUNICIPAL CODE ESTABLISHING RABIES CONTROL PROVISIONS, AND DELETING SECTIONS 6.24.070 AND 6.24.120 IN THEIR ENTIRETY. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 day of 1992, by the thereof, held on the following vote, to wit: ABSTAIN ABSENT NAYS AYES council Members ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLUM MILLER RACHEL KRASNEY City Clerk 4-2-92 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 foregoing ordinance is hereby approved this day of , 1992. w. R. HOLCOMB, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney By: 4-2-92 -8- CITY OF San Bernardino OFFICE OF THE CITY ADMINISTRATOR SHAUNA CLARK May 8, 1992 West Highland Dog & Cat Hospital W. F. Thogrnartin, D.V.M. 1795 W. Highland Avenue San Bernardino, CA 92411 Dear Dr. Thogrnartin: On May 18, 1992 the Mayor and Common Council will be considering final passage of an ordinance designed to eliminate conflicts with current state statutes in the areas of rabies control and quarantine procedures. Enclosed you will find a brief synopsis of the proposed ordinance and a copy of the full ordinance. Staff is also in the process of developing a pilot program whereby veterinarians will be allowed to voluntarily sell dog licenses at their clinics. The veterinarians who have agreed to participate in the pilot program are General Dog & Cat Hospital, Northside Veterinary Clinic, Highland Avenue Veterinary Clinic, Loma Linda Animal Hospital, and the Humane Society of San Bernardino Valley. Once the pilot program has been evaluated, all veterinarians in the city will be given the opportunity to voluntarily participate in the permanent program. Dr. Larry Barrett, state Veterinarian for Public Health, is very enthusiastic and supportive of our program. If you have any comments on the proposals, please attend the Council Meeting on May 18, 1992, at 10: 00 a. m. in the Council Chambers of City Hall, 300 North 11011 street. If you are unable to attend but would like your position known, please submit written comments to this office or phone us at 384-5122. Sincerely, k/~/ld./~b /SlfAUNA CIARK City Administrator Att: 9 cc: Mayor and Common Council Debi Biggs, Animal Control Director ::; -. :3 ~ ~ ~.~ ~ ~: ". PRIDE -I 'OESS -xY 7 1 4 384-5122