§ 6-23. Procedure when a person is bitten.

(a)

[ Bite reports. ] Whenever an animal of any species, breed or class bites a person, the owner or keeper of such animal, or any person having knowledge of such biting, shall immediately report the incident to the animal care services department. The report must include the name and address of any victim and of the owner of the animal, if known, and any other information relating to the incident or animal. The animal care services department director shall follow up with a written report. Such animal shall thereby come immediately under the supervision of the director, who shall immediately cause an investigation to be made by a person designated.

(b)

If the director or designee deems it necessary, the animal shall be held for an observation period and shall not be released from such observation period without the approval of the director. Such observation may be had in the pound, at a veterinary hospital, or in the discretion of the director, at the premises of the keeper of the animal or at any other suitable site.

(c)

[Rabies observation.] If the owner/keeper does not surrender the animal, the director or any appointed animal control officer shall seize and impound any animal for rabies observation upon the sworn affidavit of any person with knowledge that the animal has bitten a person or another animal. An administrative search warrant shall be obtained from any municipal court judge or other magistrate to enter onto private property to search for the biting animal if permission to enter is not given.

(d)

[Confining animal.] The owner of any animal that has bitten any person may be allowed to assume personal responsibility for confining the animal for the observation period of ten (10) days, only under the following circumstances:

(1)

Secure facilities must be available at the home of the animal's owner, and must be approved by the director or designee;

(2)

The animal was currently vaccinated against rabies by a veterinarian when the exposure incident occurred;

(3)

The animal was not in violation of any laws or ordinances at the time of the bite; and

(4)

The director or designee, or a veterinarian must observe the animal at least on the first and last days of the quarantine period. If the animal becomes ill during the observation period, the director must be notified by the person having possession of the animal. At the end of the observation period, the release from quarantine must be accomplished in writing by the veterinarian who will attest to the health of the animal.

(e)

[Euthanasia, rabies testing.] The director may require an animal which has inflicted multiple bite wounds, punctures, or lacerations to the face, head, or neck of a person to be euthanized and the brain tested for rabies.

(f)

[Payment of testing costs.] The owner of an animal quarantined under this chapter shall pay to the animal control division the reasonable costs of the charges for preparation, processing, and shipment of the animal's head or brain, if required, to the nearest Texas Department of State Health Services laboratory for testing.

(g)

[Testing of nonquarantined animals.] The owner of a nonquarantined animal or a veterinarian, if required by law or upon the owner's or a veterinarian's request, may seek the services of the animal control division to prepare, process, and ship the head or brain of an animal to the nearest Texas Department of State Health Services laboratory for testing.

(h)

[Quarantine.] If an animal is believed to have rabies, such animal shall be quarantined for observation by a veterinarian for the appropriate period as required by state law.

(i)

[Exposure, potential exposure to rabid animal.] An animal exposed or potentially exposed to a known or suspected rabid animal shall be either euthanized or vaccinated and confined in accordance to state law.

(j)

[Testing of wild animals.] All wild animals involved in exposure incidents including biting, scratching or any other direct exposure by physical contact will be humanely euthanized in such a manner that the brain is not mutilated. The brain shall be submitted to a Texas Department of State Health Services certified laboratory for rabies diagnosis.

(k)

[Unlawful activities.] It shall be unlawful for any person to:

(1)

Refuse, neglect or fail to report any such biting incident of which he has knowledge; or

(2)

Refuse, neglect or fail to allow, or attempt to prevent, any such animal from coming immediately under the supervision of the director or any employee or designee of the director; or

(3)

Refuse, neglect or fail to allow, or to prevent or attempt to prevent or to interfere with the impoundment and observation of such animal, as herein provided; or

(4)

To remove or attempt to remove the animal from the place of impoundment or from the supervision of the director.

(l)

Confinement at owner's expense. Any animal surrendered to animal control's approved facility for the purpose of observation as provided in this chapter shall be kept at the facility and shall be fed and cared for at the expense of the owner. Such fees are to be paid to the city before the animal can be reclaimed from the animal control's approved facility at the end of the authorized quarantine and observation period.

(Ord. No. 86-24, § 1, 2-17-86; Ord. No. 93-62, § 1, 4-19-94; Ord. No. 2010-O-029, § 1, 3-15-10; Ord. No. 2016-O-132 , § 2, 9-12-16)