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HomeMy WebLinkAbout34-City Administrator 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. P 2)tl~ ~ xJ W~ Slg alure Contact parlon: Peggy Ducey Phon.: 384-5122 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: Council Notes: ^ ___"'_ h__ .._ ~ '-I 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. 1 2 3 4 r 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 o o 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." 4-2-92 -1- 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 - o o 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 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 o o 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- 10 11 12 13 14 15 16 o o 1 2 3 4 5 6 7 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 18 19 20 21 22 23 24 25 26 27 28 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: 4-2-92 -4- 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 o o 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 4-2-92 -5- 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 o o 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. 4-2-92 -6- 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 o o 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 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 o o 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~ 4-2-92 -8-