§ 65.10 — Rabies control

65.10. - Rabies control.

(a) No person shall keep, harbor, or maintain care, custody, or control over any dog, cat, or ferret over four (4) months of age unless it has been vaccinated in accordance with the terms of this section. (1) After three (3) months of age and before four (4) months of age the dog, cat, or ferret shall be first vaccinated with an approved rabies vaccine by a licensed veterinarian. (2) Within twelve (12) months after its original vaccination, the dog, cat, or ferret shall receive a booster vaccination with an approved rabies vaccine by a licensed veterinarian. (3) Thereafter, the dog, cat, or ferret shall receive booster vaccinations every twelve (12) to thirty-six (36) months, depending on the prescribed frequency of booster vaccinations in the manufacturer's specifications for the vaccine previously used. (4) All rabies vaccinations shall be performed by or under the direct supervision of a licensed veterinarian. (5) The dog, cat, or ferret owner shall obtain a certificate of vaccination that shall be produced by the owner when requested by an animal control officer or representative of MACC. It shall be a defense for any person charged with a violation of this section, to show by way of a certificate of vaccination from a veterinarian that the dog, cat, or ferret had been vaccinated for rabies in conformance with the provisions of this chapter on the day prior to the day of the alleged violation. (b) Impoundment of rabies suspects. (1) Any dog, cat, or ferret not vaccinated in accordance with this section which has bitten any person and caused an abrasion or puncture of the skin of such person may, at the discretion of the investigating officer, be seized and impounded, provided the officer has reasonable cause to believe the owner is unable or unwilling to adequately confine the animal, under the supervision of a licensed veterinarian or at MACC for a period of not less than ten (10) days. If, after a complete examination by a veterinarian or a designee of the veterinarian trained in the recognition of the clinical signs and symptoms of rabies, the dog, cat, or ferret has no clinical signs of rabies, it may be released to the owner upon the condition that the owner has the animal vaccinated and licensed as required by this Code and pays all kennel fees and fines associated with the quarantine. (2) Alternately, MACC may authorize the owner of an animal under investigation to quarantine the animal at home provided the animal is currently vaccinated against rabies by a licensed veterinarian and the owner and property meet acceptable standards as defined by MACC. Any animal control officer having reason to believe that the owner of any animal potentially exposed to rabies will not or cannot effectively quarantine the animal may seize the animal for the purpose of proper quarantine at MACC. The costs associated with any quarantine shall be charged to and payable by the owner of the animal. (3) In the case of a stray, the animal shall be disposed of in accordance with applicable laws. (4) It shall be unlawful for any owner or person having custody or control of any dog, cat, or ferret, whether or not it is vaccinated against rabies in accordance with this section, which has bitten any person, to refuse to release such dog, cat, or ferret and make it immediately available to MACC for the purpose of quarantine or any other lawful purpose. (5) It shall be unlawful for any owner or person in custody or control of any dog, cat, or ferret that has bitten any person to refuse or fail to quarantine such dog, cat, or ferret as required by this section or other applicable law. (6) MACC shall seize any dog, cat, or ferret not quarantined in accordance with this section or other applicable law. a. Any dog, cat, or ferret vaccinated in accordance with this section which has bitten any person shall be confined by the owner or other responsible person in such manner as the Minnesota Department of Health or MACC may direct and for a period of not less than ten (10) days. The Minnesota Department of Health or MACC shall conduct any necessary examinations of the animal. If no signs of rabies are observed, the animal may be released from confinement. b. Any other animal which has bitten any person and caused an abrasion or puncture of the skin of such person shall be seized and impounded under the supervision of a licensed veterinarian or at the MACC facility for a period of not less than ten (10) days. If, after a complete examination by a veterinarian, the animal has no clinical sign of rabies, the animal may, with the approval of the Minnesota Department of Health or MACC, be released to the owner. In the case of an unclaimed animal, it shall be disposed of in accordance with applicable laws. It shall be unlawful for any owner or person in custody or control of any animal which has bitten any person to refuse to release such animal and make it immediately available to MACC for the purpose of quarantine. c. Any rabies suspect impounded or confined under this section which is found to be sick or diseased shall be reported immediately in writing to the Minnesota Department of Health and MACC by the attending veterinarian or operator of the quarantine facility. MACC shall then take possession of such animal for the purpose of determining if it is suffering from rabies. d. MACC may, for good cause, order the immediate euthanasia and testing for rabies of any animal: that has bitten one (1) or more individuals; that is showing active symptoms of rabies; that is not currently vaccinated against rabies and has been exposed to any animal who has rabies or is suspected of having rabies that cannot be confirmed by testing; or for any wild, exotic, or hybrid animal that has bitten a human. Any animal subject to the provisions of this section is also subject to any lawful order issued by the Minnesota Department of Health and MACC may enforce the terms of any such order. 1. The owner of the animal that is to be tested is entitled to a hearing as set forth in this title. 2. The time periods set forth in this title do not apply to requests for immediate testing of an owned animal. 3. A hearing must be requested by the owner of the animal within twenty-four (24) hours of notification of the owner of the intent to test the animal for rabies. 4. If a hearing is not requested by the owner within twenty-four (24) hours of notification of intent to test for rabies, MACC shall make appropriate order to test the animal for rabies. 5. If a hearing is requested, the owner must be available to attend the hearing and the hearing completed within twenty-four (24) hours of the time that the hearing was requested or the hearing will be deemed to have been waived. 6. The owner shall immediately make the animal available to MACC for rabies testing if no hearing is requested or if the order for testing is upheld. 7. In determining whether good cause exists to order rabies testing of an owned animal, the Minnesota Department of Health or MACC may consider: i. The physical location of the bite on the body of the victim. ii. The medical condition of the victim. iii. The medical necessity of immediate testing of the animal for rabies. iv. The age and health of the victim. v. The vaccination records of the animal for which testing is sought. vi. Potential harm to the victim of the bite by delays in the testing procedure. vii. Potential harm to the victim of the bite by engaging in the course of post exposure rabies shots. viii. The requests of qualified medical personnel. ix. Any other factors bearing on the necessity for immediate testing of the suspect animal. (7) Nothing in this section shall be read so as to conflict with the requirements of this title as they pertain to destruction of dangerous animals. (c) Handling of domestic animals bitten by rabid animals. For the purposes of this section, any wild animal that bites a dog, cat, or ferret shall be deemed to be a rabid animal. In the case of dogs, cats, or ferrets which have been bitten by a rabid animal, the following rules shall apply. Any refusal to comply with this section shall result in the immediate seizure of quarantined animal and may result in the immediate destruction of the animal by MACC. Any cost associated with the seizure, destruction, or fines and fees shall be paid by the owner: (1) In the case of a bitten (exposed) dog, cat, or ferret which has not been vaccinated in accordance with this title and which has been bitten by a rabid animal, said bitten (exposed) animal shall be immediately destroyed. a. If the owner is unwilling to destroy the bitten (exposed) animal, said animal may be placed under strict quarantine for a period up to one hundred eighty (180) days. b. The place and manner of quarantine shall be by order of the Board of Animal Health of the Minnesota Department of Health or MACC. c. The quarantined animal shall be confined in strict isolation in a kennel for the period of time as ordered by MACC or the Board of Animal Health of the Minnesota Department of Health under the supervision of a veterinarian. The quarantined animal shall be vaccinated for rabies upon intake and one (1) month prior to its release to its owner, or at any times as ordered by MACC or the Board of Animal Health of the Minnesota Department of Health. (2) In the case of a bitten (exposed) animal which has been vaccinated in accordance with the provisions of this title, the animal shall be immediately revaccinated and confined for a period of forty-five (45) days following vaccination. (d) Reports of bite cases. It shall be the duty of every physician or any person to report to the Minnesota Department of Health or MACC the names and addresses of persons treated for bites inflicted by animals within the city, together with such other information as will be helpful in rabies control. (e) Responsibilities of veterinarians. It shall be the duty of every licensed veterinarian to report to the Minnesota Department of Health or MACC the diagnosis of any animal within the city observed by such veterinarian to be a rabies suspect or any rabies vaccinations information when requested by MACC. (Ord. No. 2016-009, § 1, 2-12-16; Ord. No. 2021-018, § 2, 4-16-21)