Ord 2022-096 amending Chapter 6, Animals, of the San Marcos City Code to amend definitions, delegate authority for department to waive or reduce fees

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(d) It shall be an affirmative defense to prosecution of the owner if he or she can show that,at the time of its impoundment,the animal that was at large due to a major natural disaster,fire,criminal or negligent acts of a third party who was not residing at the animal owner's residence. In such event,the owner shall only be subject only to the provisions of this chapter that require a current rabies vaccination and city registration.An owner's claim of a fire or the criminal or negligent acts of a third party must be proven in one or more of the following manners: (1) A certified copy of a city police or fire report verifying the incident:or (2) The affidavit of city police or fire personnel with direct knowledge of the incident. (e) It shall be unlawful for a person to fail or refuse to deliver an unregistered or unvaccinated animal to a city enforcement agent or police officer upon demand for impounding. (Ord. No. 2008-62, §3, 12-18-08) Secs. 6.032-6.039. Reserved. ARTICLE 3. RABIES AND ZOONOSIS CONTROL AND CITY REGISTRATION Sec. 6.041. State regulations adopted. The City of San Marcos hereby adopts by reference the Texas State Rabies Control Act,as amended, and the standards established by the appropriate state agency or rule-making board as minimum standards for rabies control and quarantine provisions within the City of San Marcos. In addition thereto,all of the rabies control provisions of this chapter,which are adopted pursuant to the Texas Health and Safety Code,shall have application in the City of San Marcos.At the time of the writing of this ordinance revision in 2022,Texas law requires that dogs and cats be vaccinated against rabies by 4 months of age. For an animal to be considered currently vaccinated against rabies in rabies exposure situations,at least 30 days must have elapsed since the initial vaccination and the time elapsed since the most recent vaccination must not have exceeded the recommended interval for booster vaccination as established by the manufacturer(typically one year). (Ord. No. 2008-62, §3, 12-18-08) Sec. 6.042. Report of bite cases. (a) It shall be the duty of every physician or other practitioner to report to the animal services department the names and addresses of persons treated for bites inflicted by a mammal,together with such other information as will be helpful in rabies control. (b) It shall be the duty of every person owning or having custody of a mammal,which has bitten a human being, to report the same to the animal services department. (Ord. No. 2008-62, §3, 12-18-08) Sec. 6.043. Quarantine. (a) A person commits an offense if the person fails or refuses to quarantine or present for quarantine or testing, an animal that is suspected of being involved in a bite.A person may be issued a citation for non-compliance Created: 2022-03-03 11:27:11 [EST] (Supp.No.34,Update 4) Page 21 of 40