19.2.1.190 RABIES AND OTHER DISEASE CONTROL.

(a) Rabies vaccination.

(1) It shall be unlawful for any person to own any animal over the age of four (4) months unless such animal is appropriately vaccinated with a vaccine licensed by the U.S. Department of Agriculture as recommended in the current "Compendium of Animal Rabies Control," prepared by the National Association of State Public Health Veterinarians, Inc.

(2) The Owner of an animal shall furnish the current certificate of vaccination upon request by the Animal Control Officer.

(3) Upon being found guilty of three or more violations of this Section related to the same animal, the Court may also order the confiscation and the proper disposition of the animal.

(b) Certificate and collar tag.

(1) A suitable and distinctive collar tag and certificate of rabies vaccination certifying that the animal in question has been vaccinated shall be issued to the Owner at the time of vaccination. The collar tag shall be securely affixed to the animal's collar, as appropriate, and shall be worn at all times when the animal is not confined within the Owner's or custodian's dwelling unit. An Owner of a horse may keep a horse's tag in the Owner's residence. The Owner must present the tag to the Animal Control Officer upon request. Proof of rabies inoculation or vaccination in the form of a written certificate must be produced when requested.

(2) A certificate of rabies vaccination issued under this Section shall comply with Section 10.9(C)(2) of this Act.

(3) All veterinarians doing business on Pueblo Lands shall provide a copy of any issued certificate of rabies vaccination to the Animal Control Officer.

(c) Declaration of Rabies Emergency. When sufficient evidence exists to believe that a rabid or potentially rabid animal is at-large within Pueblo Lands, the Animal Control Officer may undertake any actions necessary to immediately contain and prevent the spread of rabies. This will require the immediate cooperation of other Pueblo officials to abate the emergency situation. The Animal Control Office may issue an emergency rule (which shall become effective upon passage) which may require owners and custodians of animals to keep their animals confined upon their premises unless under leash and under the control of the Owner or custodian so as not to subject their animals to contact with the rabid animal.

(d) Duty to Report, Investigate Rabies Exposure. It shall be the duty of any person who has knowledge of the existence of a rabid or suspected rabid animal or of a person exposed to such animal to immediately report the existence and whereabouts of such animal to the Animal Control Officer.

(e) Notice to Owner; Duty to Respond; Access to Animal.

(1) Notice to Owner. The Animal Control Officer shall notify the Owner of the rabid or suspected rabid animal, or of an animal suspected of having itself been exposed to a suspected rabid animal, of the report.

(2) Adequacy of Notice. Notice to the Owner shall be deemed made if executed in any of the following manners:

(A) By direct verbal notice to the Owner or any other resident of the Owner's home or a family member over the age of sixteen (16) years;

(B) By delivering a written notice to the Owner or to any other resident of the Owner's home or a family member over the age of sixteen (16) years;

(D) By posting a written notice at the location of the exposure (when no address or telephone number can be obtained).

Testimony of the Animal Control Officer as to the manner of service of the notice shall constitute prima facie evidence that service was made.

(3) If notice is made in writing, the Owner shall immediately and in no event in more than twenty-four (24) hours, contact the Animal Control Officer about the notice. Each subsequent day's failure to make the required contact with the Animal Control Officer after written notice is made shall be considered a separate offense by the Owner.

(4) The Owner of any animal reported to have exposed a person or other animal to a rabid or suspected rabid animal shall give the Animal Control Officer or Public Health Official prompt access to the animal at any time as may be necessary for verification of quarantine or as may be required to prevent the spread of rabies and thereby safeguard human life. Upon order by the Animal Control Officer, the Owner shall immediately relinquish such animal to the Officer.

(5) It shall be unlawful for any person to evade or elude the Animal Control Officer or to dispose of, conceal, harbor, or remove from Pueblo Lands any animal to keep the animal from being quarantined, euthanized, or confined in accordance with this Act.

(f) Quarantine. Any animal determined by the Animal Control Officer to be a threat to the spread of rabies may be ordered quarantined.

(1) Quarantine means restriction of the activities of an animal which has been exposed or is suspected of being exposed to a communicable disease during a period of communicability or incubation to prevent further disease transmission. Such quarantines shall meet the criteria set forth by the Animal Control Officer in accordance with the current guidelines in the "Compendium of Animal Rabies Control."

(2) Strict Isolation or absolute quarantine means the restriction of contact between exposed subjects and other animals and/or humans for a period of time not longer than the longest usual incubation of the disease.

(3) Modified quarantine means a selective, partial limitation of freedom of movement and contact between exposed and nonexposed humans and/or animals as deemed appropriate to prevent transmission of the disease.

(g) Quarantine Under Owner's Control.

(1) Any animal so quarantined shall be kept so as to be available for inspection by the Animal Control Officer and such quarantined animal shall not be removed, released, or euthanized without the express consent of the Animal Control Officer.

(2) In the event an animal in such quarantine needs to be relocated, the Owner or person undertaking the relocation shall notify the Animal Control Officer prior to the relocation occurring. Upon order by the Animal Control Officer, the owner shall immediately hand over such animal.

(3) Such animal shall be confined for a period of no less than one (1) day and not to exceed six (6) months.

(h) Quarantine Under Veterinary Control or Impoundment.

(1) If the Animal Control Officer determines that such animal cannot be safely and appropriately confined under the Owner's control, the animal may, at the discretion of the Animal Control Officer, be quarantined by containment at a veterinary facility or by impoundment at the community Pound.

(A) If the animal is ordered impounded or to be contained at a veterinary facility, the Owner shall be responsible for all impoundment or containment fees, whether or not the animal is determined to be rabid.

(B) Such animal shall be confined for a period of no less than one (1) day and not to exceed six (6) months.

(i) Destruction of Rabid Animal. Any animal quarantined or impounded under the previous provisions may be euthanized prior to the termination of the confinement period upon the order of the Animal Control Officer for laboratory examination for rabies if such animal shows clear clinical signs of rabies or the Owner consents to its destruction.

(j) Animal Dying During Quarantine. If an animal dies while being quarantined pursuant to this Section and the animal is known to have exposed another animal or person to rabies at any time during a period of two (2) weeks before the beginning of the quarantine period through the time of death, it shall be the duty of the person with such knowledge to immediately contact the Animal Control Officer who will contact the Public Health Official and obtain instructions for the testing and/or disposal of the body.

(k) Rabies Clinics. The Animal Control Officer is hereby authorized to review, from time to time, the need for rabies clinics to encourage residents to comply with provisions of this Act requiring the vaccination of animals against rabies. The Animal Control Officer shall be responsible for working with the Public Health Official and others to schedule and coordinate such clinics based on the availability of veterinarian services.