Ord 2008-062 - Laserfiche WebLink

Home Browse Search

The choice of which of these options to use shall be made at the sole discretion of the Animal • Services Manager unless otherwise mandated by a court order. (c) Any impounded registered or unregistered animal which appears to be sufferine from serious iniury or disease and which is in great pain and suffering and probably will not recover or which appears to have an infectious disease which is a danger to humans or to other animals in the opinion of the Animal Services Manager or which, due to its extremely violent nature, poses a substantial risk of bodily harm to the safety of Animal Services staff. may be humanely euthanized at any time during its holding period by the Animal Control Officer. In the event such an animal is wearing an identification tag on its collar or harness, the Animal Control Officer shall attempt to notify the owner by telephone before taking action. (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 (1) 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. is (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. Sections 6.032-6.039 Reserved ARTICLE III. RABIES AND ZOONOSIS CONTROL AND CITY REGISTRATION Section 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 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. Section 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. is (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.