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52

ARTICLE VI. - RABIES CONTROL

Part of the Code of Ordinances of Burnet, TX.

Local law · 1,620 sections

The text

Footnotes:

--- (2) --- State Law reference— Estrays, V.T.C.A., Agriculture Code ch. 142.

Sec. 14-161. - Vaccinations.#

(a)

All dogs or cats four months of age or older within the city shall be vaccinated against rabies. Such vaccinations shall be repeated at the intervals prescribed by rule of the state department of health, or its successor.

(b)

A veterinarian who vaccinates a dog or cat against rabies shall issue to the owner of such dog or cat a vaccination certificate on a form approved by the state department of health. The veterinarian shall also issue a metal tag with the veterinarian's address and the year of the vaccination stamped thereon. Upon vaccination, the veterinarian shall execute and furnish to the owner of the dog or cat as evidence thereof, a certificate of vaccination. The veterinarian shall retain a duplicate copy of the certificate and one copy shall be filed with the owner. Such certificate shall contain the following information.

(1)

The name, address and telephone number of the owner of the vaccinated dog or cat;

(2)

The date of vaccination;

(3)

The type of rabies vaccine used;

(4)

The year and number of the rabies tag; and

(5)

The breed, age, color and sex of the vaccinated dog or cat.

(c)

Concurrent with the issuance and delivery of the certificate of vaccination, the owner of the dog or cat shall cause to be attached to the collar or harness of the vaccinated animal a metal tag, serially numbered to correspond with the vaccination certificate number and bearing the year of issuance.

(d)

It shall be unlawful for any person within the city to own, keep, possess, harbor or allow to remain upon premises under his control any dog or cat which has not been vaccinated as required herein. Any person establishing residence within the city shall comply with this title within ten days of establishing such residency.

(Ord. No. 2006-09, §§ 2, 3, 3-14-06)

Sec. 14-162. - Vaccination of impounded animals.#

(a)

After impoundment, all animals which are required to be vaccinated by this article which are redeemed by an owner from the animal shelter must be vaccinated against rabies in accordance with the requirements of this article, or the owner thereof must present a veterinarian's certificate showing a current vaccination.

(b)

In order for an animal not vaccinated in accordance with the requirements of this article to be released, such owner must sign a statement giving the name of the owner and the address where the animal is to be immediately taken and confined and stating that the owner will have the animal vaccinated in accordance with the requirements of this article. Within seven days of the release of the animal, a certificate of vaccination shall be presented to the animal shelter. Failure to present the vaccination certificate to the animal shelter within the stated time shall be grounds for the immediate return of the animal to the animal shelter, and such animal may be destroyed immediately or otherwise disposed of. Such failure shall also constitute a misdemeanor punishable as set out in section 14-5, except that the minimum fine shall be $200.00.

(Ord. No. 2006-09, §§ 2, 3, 3-14-06)

Sec. 14-163. - Proof of vaccination; dismissal; fine.#

The failure of a dog or cat to wear a vaccination tag on a collar shall be prima facie evidence of the failure to vaccinate the animal as required by this article. To prove that a dog or cat was vaccinated at the time of the offense, the owner of the dog or cat must present a copy of the vaccination certificate issued by the veterinarian that shows the date the vaccination was administered. The offense shall be dismissed upon verification that the animal alleged in the offense was vaccinated on the date of the offense with the payment of a $20.00 administrative fee.

(Ord. No. 2006-09, §§ 2, 3, 3-14-06)

Sec. 14-164. - Reserved.#

Editor's note— Ord. No. 2025-36, § 3, adopted Sept. 26, 2025, repealed § 14-164, which pertained to license required and derived from Ord. No. 2006-09, §§ 2, 3, 3-14-06.

Sec. 14-165. - Reserved.#

Editor's note— Ord. No. 2025-36, § 3, adopted Sept. 26, 2025, repealed § 14-165, which pertained to revocation of license, notice of hearing and appeals and derived from Ord. No. 2006-09, §§ 2, 3, 3-14-06.

Sec. 14-166. - Counterfeiting; destruction of tags, certificates.#

(a)

It shall be unlawful for any person to intentionally or knowingly counterfeit a rabies vaccination tag or certificate or a license.

(b)

It shall be unlawful for any person to intentionally or knowingly destroy a rabies vaccination tag or certificate.

(Ord. No. 2006-09, §§ 2, 3, 3-14-06)

Sec. 14-167. - Reporting rabid animals or rabies exposure.#

(a)

It shall be the duty of all animal owners, veterinarians, physicians or any other person to report to the animal control officer all cases of rabies with which he comes in contact or to which his attention has been directed. This report shall be made immediately upon diagnosis or suspicion of a case of rabies.

(b)

Any person having knowledge of an animal bite or scratch to an individual or to another animal by an animal which the person suspects is rabid shall immediately report that incident to the animal control officer.

(c)

Every physician or other medical practitioner who treats a person or persons for any animal bite/scratch that occurred within the city shall within 12 hours report such treatment to the animal control officer giving the name, age, sex and precise location of the bitten/scratched person or persons and such other information as the officer or agency may require.

(d)

Any veterinarian who clinically diagnoses rabies or any person who suspects rabies in a dog, cat or other domestic or wild animal shall immediately report the incident to the animal control officer stating precisely where such animal may be found.

(e)

If a known suspected rabid animal bites or scratches a domestic animal, such incident shall also be reported immediately to the animal control officer.

(Ord. No. 2006-09, §§ 2, 3, 3-14-06)

State Law reference— Reports of rabies, V.T.C.A., Health and Safety Code § 826.041.

Sec. 14-168. - Animal bites and scratch reports; submission to quarantine.#

(a)

Report of victim. Any person who is bitten or scratched by an animal shall report that fact to the animal control officer immediately. If the person bitten or scratched is a minor under the age of 17, the parent or guardian of such minor, if he has knowledge of the incident, shall report that fact to the animal control officer.

(b)

Report of owner. A person who owns, keeps, harbors or allows an animal to remain on premises under his control and who has knowledge of a bite shall report to the animal control officer immediately any incident where such animal bit or scratched any person.

(c)

Custody. The animal committing the act shall be submitted to the animal control officer for quarantine. When the local rabies control authority goes to the premises where the animal that bit or scratched any person is being kept, the animal control officer may take immediate custody of the animal. Where suitable arrangements are made, the local rabies control authority may permit the animal to be transferred to another location for the remainder of the quarantine period. This duty to submit the animal to quarantine shall apply to any person who owns, keeps, harbors, has possession of or allows an animal to remain on premises under his control. If convicted of violating this section, a minimum fine of $100.00 shall be imposed by the municipal court.

(d)

Observation. Any owned dog or cat having bitten or scratched a person shall be observed for a period of ten days from the date of the bite. The procedure and place of observation shall be designated by the investigating officer or responsible agency in compliance with state law. If the dog or cat is not confined on the owner's premises for owner's quarantine, confinement shall be by impoundment in the animal shelter, or at a veterinary hospital of the owner's choice. Such confinement shall be at the owner's expense.

(e)

Strays. Stray dogs and cats, or those animals whose owners cannot be located shall be confined in the animal shelter for a period of 96 hours and if unclaimed may be destroyed and the brain of such animal immediately submitted to a qualified laboratory for rabies examination at the victim's expense.

(f)

Surrender of animal. The owner of any dog or cat that has been reported to have inflicted a bite on any person shall on demand produce the dog or cat for impoundment, as prescribed in this chapter.

(g)

Home quarantine. Home quarantine may be allowed only in those incidents where permitted by state law and agreed to by the animal control officer. Refusal to produce such dog or cat constitutes a violation of this section, and each day of such refusal shall constitute a separate and individual violation.

(h)

Other animals. Any wild, exotic or dangerous animal that is considered high risk by state law or regulation and which has bitten or scratched a person shall be caught and humanely killed and the brain submitted for rabies examination. Those wild animals which are classified as low risk animals shall be handled as dictated by state law.

(Ord. No. 2006-09, §§ 2, 3, 3-14-06)

State Law reference— Reports of rabies, V.T.C.A., Health and Safety Code § 826.041.

Sec. 14-169. - Contents of required reports.#

When an individual is placed under a duty to report an incident in which an animal has bitten or scratched some person or some animal or to report an animal known or suspected to be rabid, that report to the animal control officer shall include, if the person making the report knows, the following information: (1)

The location where the bite or scratch occurred.

(2)

The location where the animal which committed the act or which is known or suspected to have rabies or have been exposed to rabies can be located.

(3)

The name and address of any person who was bitten or scratched.

(4)

The name and address of the person who owns, keeps, harbors or has control over the premises where the animal committing the act normally can be found.

(5)

The names and addresses of the persons who own, keep or harbor any other animal exposed to rabies can be found.

(Ord. No. 2006-09, §§ 2, 3, 3-14-06)

State Law reference— Reports of rabies, V.T.C.A., Health and Safety Code § 826.041.

Sec. 14-170. - Quarantine and release.#

(a)

When an animal is required to be placed in quarantine, the animal shall be submitted for quarantine at the animal shelter. Only with the prior approval of the local rabies control authority may the animal be held in quarantine at any other location.

(b)

Any animal quarantined shall be held for a period of ten days from the date of the bite. The animal shall not be released from quarantine until such release has been approved by the local rabies control authority.

(c)

Upon release of an animal from quarantine, if the ownership of the animal is known, such owner has 48 hours to claim the animal. If the ownership of the animal is unknown, the animal may be disposed of as provided herein this article without waiting for an additional 72 hours.

(Ord. No. 2006-09, §§ 2, 3, 3-14-06)

State Law reference— Quarantine of animals, V.T.C.A., Health and Safety Code § 826.042 et seq.

Sec. 14-171. - Submission of head for rabies diagnosis.#

(a)

If the animal biting or scratching a person is a wild animal, the animal shall be humanely destroyed in such a manner that the brain is not mutilated. The head shall then be submitted to a laboratory certified by the state department of health for rabies diagnosis.

(b)

If an animal being quarantined becomes ill, it may be humanely destroyed in such a manner that the head is not mutilated. The head shall then be submitted to a laboratory certified by the state department of health for rabies diagnosis. The head of each animal dying while in quarantine shall also be submitted for rabies diagnosis.

(Ord. No. 2006-09, §§ 2, 3, 3-14-06)

Sec. 14-172. - Cost of quarantine or rabies diagnosis.#

(a)

If, at the end of the required quarantine period, a quarantined animal is found to be free of rabies, the local rabies control authority shall order the release of the animal to the owner if the rabies vaccination provisions of this article have been complied with and any impoundment fees have been paid by such owner.

(b)

If a head is submitted to the state department of health for rabies diagnosis, the cost of removing the head and shipping it shall be paid by the owner of the animal.

(c)

The local rabies control authority may order that all impoundment fees for the quarantine be paid by the person bitten or scratched if:

(1)

The animal has a rabies vaccination certificate,

(2)

The animal was on property under the control of the animal's owner when the bite or scratch occurred, and

(3)

The bite or scratch occurred when the animal was acting to defend its owner or the property, or after provocation.

If the animal is a wild animal, the local rabies control authority may order that all fees be paid by the person who was bitten or scratched.

(Ord. No. 2006-09, §§ 2, 3, 3-14-06)

Sec. 14-173. - Enforcement.#

For the purposes of discharging the duties imposed by this article and to enforce its provisions, any peace officer or animal control officer is empowered to enter upon any premises upon which an animal is kept or harbored and to demand the exhibition by the owner of such animal or the license for such animal in accordance with the provisions of this article, to include random city-wide canvassing and checks for compliance with the article. The owner of any animal is required to produce the license and vaccination information for each animal in his ownership upon demand by an animal control officer or peace officer.

(Ord. No. 2006-09, §§ 2, 3, 3-14-06)

Secs. 14-174—14-180. - Reserved.#