Apple Valley Municipal Code Ch. 15.02 Rabies Vaccination (biting and Bitten Animals)

It shall be the duty of any person having knowledge that any animal subject to rabies, whether or not the animal is suspected of having rabies, has bitten any human being within the Town of Apple Valley, to immediately report that fact to the Animal Control Department or to the Police Department and provide full information regarding the incident.

Upon receipt of a report that a person has been bitten by an animal subject to rabies (all warm-blooded mammals), any person authorized to enforce the provisions of this Chapter is hereby empowered to enter upon any private property, including the home or residence where the biting animal is kept or has strayed, to inspect, and strictly isolate, seize, or impound if necessary, in a place and manner approved by the Animal Control Officer, any such animal for a period of ten days (for dogs and cats) and 14 days (for other animals). Rodents (members of the order Rodentia), rabbits and hares (members of the order Lagomorpha) are not required to be quarantined.

The Animal Control Officer or licensed veterinarian may authorize, with permission of the owner, if known, and other legal restrictions permitting, the euthanasia of a biting animal for the purpose of laboratory examination for rabies using the fluorescent rabies antibody (FRA) test.

It shall be unlawful for any person to remove from any place of isolation or quarantine any animal which has been isolated or quarantined under the provisions of this Chapter, without the consent of the Animal Control Officer.

It is the duty of any person having knowledge of the whereabouts of an animal known to have or suspected of having rabies to report the fact immediately to the Animal Control Department. If such person is the owner or possessor or has custody of such animal, he or she shall immediately confine it and keep said animal strictly confined until it is established to the satisfaction of said official that such animal has or does not have rabies.

Where such owner or possessor does not have the proper facility for such confinement, or animal owner continually allows such animal to run loose and at large, or where the owner of such rabid or suspected rabid animal is not known, such animal shall be isolated in strict confinement under proper care and under the observation of a licensed veterinarian in a pound, veterinary hospital, or other adequate facility in a manner approved by the Animal Control Officer, and shall not be killed or released for at least ten days after the onset of symptoms suggestive of rabies. If such animal creates a menace to the public health and safety, the Animal Control Officer or his or her representative may kill or destroy the animal forthwith and have it examined for rabies using the fluorescent rabies antibody (FRA) test.

Whenever any such owned biting animal is quarantined in a place other than the premises of its owner, all expenses incurred in its confinement shall be the liability of the owner, possessor or custodian of such biting animal.

Any animal that is subject to rabies which has been exposed to a known rabid animal or suspected rabid animal shall, upon notification of its owner, possessor or custodian, be:

(a) Immediately securely confined in a place and manner approved by the Animal Control Officer for a period of six months; or

(b) Immediately destroyed unless the biting animal is determined by laboratory examination to be negative from rabies, except that in the case of dogs and cats, the following alternative is permitted:

(1) The dog or cat shall be revaccinated and then quarantined for a period of 30 days provided such dog or cat has been vaccinated not less than 30 days prior, with a rabies vaccine approved by the California State Department of Public Health.

The Animal Control Officer may, at his or her discretion, kill or quarantine the animal so bitten where the owner, possessor or custodian thereof is not readily accessible or is not known.

The carcass of any dead animal exposed to rabies will, upon demand, be surrendered to the Animal Control Officer.

Upon the discretion of the Animal Control Officer, specimens of high risk or medium risk animals involved in a biting incident shall be examined for rabies. Specimens of low risk animals may be examined upon payment of reasonable laboratory fees.

It shall be the duty of any person authorized to enforce the provisions of this Chapter to post an appropriate sign in a conspicuous place at a location where a dog or cat or any biting, vicious or rabid animal is being quarantined or confined to warn the public of this fact. It shall be unlawful for anyone to obstruct the posting of such a sign or to remove or destroy such a posted sign without permission of the Animal Control Officer.

It shall be unlawful for any person, firm or corporation to (1) trap or capture skunks for pets; (2) trap, capture or hold skunks in captivity for sale, barter, exchange or gift; and (3) transport skunks from or into the Town, except that the importation or exportation of skunks may be permitted by the Animal Control Officer for recognized zoological gardens or research institutions.

It shall be unlawful for any person within the Town of Apple Valley to own, have an interest in, harbor and feed, or have the care, charge, custody or possession of a dog over the age of four months, whether such dog is confined or not, unless such dog has a current vaccination with a rabies vaccine approved by the California State Department of Public Health and is officially tagged as provided for in this Chapter. Said vaccines shall be used exclusively to vaccinate all dogs within the Town of Apple Valley. Vaccination with said vaccines shall be valid for a period not to exceed three years.

Rabies vaccination shall be performed only by a veterinarian who is duly licensed to practice in the State of California. Vaccination for rabies may be done in any veterinary clinic or hospital or in a low-cost rabies vaccination clinic sponsored by the Town of Apple Valley.

Notwithstanding the provisions of this Chapter, a dog may be exempted from rabies vaccination if such vaccination would jeopardize the health of such dog due to infirmity or other disability provided the owner has in his or her possession a written certification from a licensed veterinarian attesting to such infirmity or disability. The owner or custodian of such dog shall, within ten days after the termination of such infirmity or disability, cause such dog to be vaccinated and licensed. Any such dog with infirmity or disability shall be securely confined within its owner's or harborer's premises so that it does not come in contact with any other animal or person.

The Animal Control Officer shall have the authority to enter upon any area or premises at any reasonable time to enforce the provisions of this Chapter.

(a) Misdemeanor. Any person violating the provisions of Section 15.02.030 of this Chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punished in accordance with the provisions of Sections 1.01.200 through 1.01.230 of Chapter 1.01 of Title 1 of this Code.

(b) Infraction. Any person violating any other provisions of this Chapter shall be guilty of an infraction and upon conviction thereof, shall be punished in accordance with the provisions of Sections 1.01.200 through 1.01.230 of Chapter 1.01 of Title 1 of this Code.

(Ord. 156, 11-14-95)