From
Danielle Tate, Animal Services Manager
Title
Ordinance amending the Code of Ordinances, Chapter Five, "Animals Services," Section 5-48(g) covering rabies quarantine
Presenter
James R. Cummings, Environmental Services Director
Recommended Action
Approve
Analysis
Rabies is a fatal zoonotic disease that can be transmitted to humans through an animal bite. State law and city ordinance require that an animal be quarantined if suspected of being involved in a human bite case. The quarantine period allows for the observation of the bite animal for any symptoms of rabies. These observations are vital for the determination by medical personnel of the necessity of the administration of rabies vaccinations to the bite victim.
Recently, a Grand Prairie resident refused to surrender a dog for quarantine, that while at large, had bitten a Grand Prairie citizen. While the refusal to surrender the dog is punishable under state law and city ordinance as a Class C misdemeanor, the city ordinance does not provide for the issuance of a seizure warrant to insure that the animal is brought into quarantine for observation of any rabies symptoms. The attached ordinance modification is designed to provide this remedy to the City’s Animal Services Division.
The ordinance modification was reviewed by the City Council’s Public Safety, Heath and Environment Committee on June 5, 2017.
Financial Consideration
None
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING CHAPTER FIVE "ANIMAL SERVICES," SECTION 5-58 OF THE CODE OF ORDINANCES OF THE CITY OF GRAND PRAIRIE, TEXAS, BY AMENDING SECTION 5-48 BY PROVIDING FOR THE ISSUANCE OF A SEIZURE WARRANT FOR ANY ANIMAL WHOSE OWNER REFUSES TO SUBMIT TO RABIES QUARANTINE; PROVIDING A CUMULATIVE CLAUSE AND A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL
WHEREAS, the Code of Ordinances of the City provides for standards for the health, safety, and welfare of animals; and
WHEREAS, rabies is considered a universally fatal disease; and
WHEREAS, it may be necessary to obtain a seizure warrant to insure that animals involved in human bite cases are properly observed for symptoms of rabies; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Section 5-48 is hereby amended by the addition of 5-48 (g) to read as follows:
Sec. 5-48 (g) In addition to other civil and criminal remedies to be taken by the city, the Animal Services Manager shall be authorized to obtain a search and seizure warrant if there is reason to believe any requirements of this section are being violated.
SECTION 2. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
SECTION 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION 4. That this ordinance shall be in full force and effect from and after its passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 6TH DAY OF JUNE, 2017.