RABIES AND ANIMAL CONTROL ORDER
BEEI~RE CHANGES MADE BY
ORDER NO. 19895
RABIES AND ANIMAI, CONTROL ORDER
WHEREAS, the danger of rabies presents a significant threat
to public health and safety, it is the desire of this Court to
establish regulations regarding the control of this deadly
disease;
WHEREAS, the Texas Health and Safety Code §826.013, §826.014,
and §826.031, provide the authority for such regulations, and
IT IS THEREFORE ORDERED that the Kerr County Rabies and Animal
Control Order is enacted and adopted as follows:
SECTION 1. DEFINITIONS.
As used in this Order:
(aj "Animal" means any live or dead mammal, domesticated or
wild.
(b) "Animal Establishment" means any pet shop, grooming shop,
animal auction, performing animal exhibition, kennel, or animal
shelter, except this term shall not include veterinary medical
facilities, licensed research facilities, facilities operated by
governmental agencies, or licensed animal dealers regulated by the
United States Department of Agriculture under the provision of US
Public Laws 89-544 and 91-579.
(c) "Animal Shelter" means a facility designated or
recognized by the Jurisdiction for the purpose of impounding and
caring for animals.
(d) "Bite" means any puncturing or tearing of the skin
caused by an animal.
(e) "Cat" means Felis catus, whether live or dead.
(f) "Custodian" means any person or agency which feeds,
shelters, harbors, or has possession or control, or has the
responsibility to control an animal.
(g) "Dog" means Canis familiaris, whether live or dead.
(h) "Harboring" means the keeping and caring for an animal,
or providing a premises to which the animal returns for food,
shelter or care.
(i) "High risk animals" are those animals which have a hirh
probability of transmitting rabies. They include skunks, bats,
foxes, raccoons, or such other animals that may be so designated
by order of the Local Health Authority.
(j) "Humanely killed" means to cause the death of an animal
by a method which is not prohibited by §823.006 of the Texas
Health and Safety Code and:
(1) rapidly produces unconsciousness and death without
visible evidence of pain or distress; or
(2) utilizes anesthesia produced by an agent which
causes painless loss of consciousness and death
following such loss of consciousness.
(k) "Kennel" means an establishment kept for the purpose of
breeding, selling, or boarding dogs or cats or engaged in training
dogs or cats.
(1) "Local Health Authority" means the person or officer
designated by this Court under §826.017 of the Texas Health and
Safety Code.
(u) "Vaccinated" means properly inoculated with a rabies
vaccine, licensed for use in the species by the United States
Department of Agriculture by a licensed veterinarian.
(v) "Veterinarian" means any veterinarian who is licensed to
practice medicine in one or more of the 50 states. Such license
must be active and in good standing with the issuing agency.
SECTION 2 - RABIES CONTROL AND ERADICATION.
SECTION 2.1 - VACCINATIONS.
2.1.1 - VACCINATIONS REQUIRED.
(a) The owner or custodian of each dog or cat shall have the
animal vaccinated against rabies by the time the animal is four (4)
months of age and within each subsequent twelve (12) month interval
thereafter.
(b) No such vaccination shall be considered current or valid
unless:
(1) The animal was at least three (3) months of age at
the time the vaccination was administered;
(2) At least thirty (30) days have elapsed since the
initial vaccination; and
(3) Not more than twelve (12) months have elapsed since
the 'most recent vaccination.
2.1.2 - CERTIFICATE OF VACCINATION.
(a) A veterinarian who vaccinates a dog or cat against
rabies shall issue to the animal's owner an official rabies
vaccination certificate upon a form furnished by the veterinarian.
(b) The issuing veterinarian shall retain a copy of the
official rabies vaccination certificate in a readily reviewable
status for a period of not less than three (3) years from the date
of issuance.
(c) The issuing veterinarian shall file, or cause to be
filed, with the Local Health Authority, a true and accurate copy
of the official rabies vaccination certificate. Said certificate
shall be filed within 14 days.
(d) The official rabies vaccination certificate shall
contain the following minimum information:
(1) the owner and/or custodian's name, address, and
telephone number,
(2) animal identification:
(a) species,
(b) sex,
(c) age,
(d) weight, in pounds
(e) predominant breed, and
(f) colors;
(3) vaccine used:
{a) type,
(b) producer,
(c) expiration date, and
(d) serial number;
(4) date vaccinated;
(5) rabies tag number and year issued;
(a) veterinarian's signature and license number.'
2.1.3 - RABIES TAG
(a) Concurrent with the issuance and delivery of the official
rabies vaccination certificate referred to in Section 2.1.2, the
custodian or owner of the dog or cat shall cause to be attached to
th~~ collar or harness of the vaccinated dog or cat, a metal tag,
serially numbered to correspond with the official rabies
vaccination certificate number, and bearing the year of issuance,
the name of the issuing veterinarian, and his address.
(b) In the event of loss or destruction of the original tag
provided for in Section 2.1.3, the owner of the dog shall obtain a
duplicate tag. Such tags shall indicate that it is a duplicate
tag.
2.1.4 - PENALTIES
(a) A person commits an offense if the person fails or
refuses to have each dog or cat owned by the person vaccinated
against rabies as provided for in this section.
(b) An offense under this section is a Class C misdemeanor.
SECTION 2 2 - REPORTS
2.2.1 - REPORTS OF RABIES
(a) A person who knows of an animal bite or scratch to an
individual that the person could reasonably foresee as capable of
transmitting rabies, or who knows of an animal that the person
suspects is rabid, shall report the incident or animal to the Local
Health Authority as soon as possible, but not later than 24 hours
from the time of the incident.
(b) The report must include:
(1) the name and address of the victim and of the
animal's owner, or custodian if known; and
(2) any other information that may help in locating
the victim or animal.
(c) The Local Health Authority shall investigate each report
filed under this section, utilizing the standardized reporting
forms prescribed by the Texas Department of Health.
SECTION 2 3 - UARANTINE AND TESTING
2.3.1 - QUARANTINE OR TESTING REQUIRED
(a) The owner or custodian of an animal shall submit an
animal for quarantine or testing if:
(1) the animal is reported to be rabid or that it has
bitten or otherwise exposed an individual or animal to
rabies; or
(2) the owner knows or suspects that the animal is
rabid or that it has bitten or otherwise exposed an
individual or animal to rabies.
(b) If the animal becomes ill during the observation
period, the Local Health Authority must be notified by the person
having possession of the animal.
(c) Any animal required to be quarantined under this section
which cannot ,be maintained in a secure quarantine, shall be
humanely killed and the brain tested for rabies.
2.3.2 - BITING ANIMALS
(a) A doq or cat which has bitten a human shall be placed
in quarantine for ten (l0) days. This 10-day observation period
will begin on the day of the bite incident.
(1) If such dog or cat has been designated by the Local
Health Authority as unclaimed, it may be humanely killed
and tested for rabies.
(b) No quarantine is authorized for high risk animals that
have bitten a person or animal. Those animals shall be humanely
killed and their brains submitted for rabies testing as provided
for herein.
(cj No quarantine or testing is required for low risk
animals that have bitten a person or animal unless the Local
Health Authority has cause to believe that the biting animal is
rabid, in which case the animal shall be humanely killed and
tested for rabies as provided for herein.
(d) If the biting animal is not included in (a), (b), or (c)
of this section, the biting animal shall be humanely killed and the
brain tested for rabies. The Local Health Authority may, however,
as an alternative method to killing and testing, authorize a thirty
(30) day observation period.
(e) The local health authority may require an animal which
has inflicted multiple bite wounds, punctures, or lacerations to
the face, head, or neck of a person to be humanely killed and the
brain tested for rabies.
2.3.3 - EXPOSED ANIMALS
(a) Unvaccinated animals which have been bitten or directly
exposed by physical contact with a rabid animal or its fresh
tissues shall be:
(1) humanely killed; or
(2j if sufficient justification for preserving the
animal exists, the exposed animal shall be immediately
vaccinated against rabies, placed in strict isolation for
ninety (90) days, and given booster vaccinations during
the third and eighth weeks of isolation. If the animal
is under three months of age at the time of the second
vaccination, an additional booster should be given when
the animal reaches three months of age.
(b) Currently vaccinated animals which have been bitten or
otherwise significantly exposed to a rabid animal shall be:
(1) humanely killed; or
(2) if sufficient justification for preserving the
animal exists, the exposed vaccinated animal shall be
given a booster rabies vaccination immediately and placed
in strict isolation for 45 days.
(c) These provisions apply only to domesticated animals for
which approved rabies vaccine is available. Other animals shall
be humanely killed.
2.3.4. - QUARANTINE FACILITY
(a) Where home quarantine is not approved or requested, the
owner, custodian, or Local Health Authority shall take possession
of an animal that meets the criteria set forth in sections 2.2.1,
2.3.1, 2.3.2, or 2.3.3, and shall ensure that the animal is
placed in a facility:
(1) That meets the standards of the Texas Department
of Health; and
(2) has, within the preceding twelve (12) months, been
inspected by the Texas Department of Health and has been
found by the Department to have met acceptable standards.
(3) that keeps such accurate records as may be
determined to be necessary by the Commissioner's Court.
2.3.5 - HOME QUARANTINE

(a) The Local Health Authority may grant an owner or
custodian permission for home quarantine if, in that officer's
discretion, the following criteria can be met:
(1) Secure facilities are available at the home of the
animal's owner or custodian and are approved by the
Local Health Authority;
(2) The animal is currently vaccinated against rabies,
and
(3) The animal was not a stray at the time of the
bite.
(b) The Local Health Authority or a licensed veterinarian
must observe the animal at least on the first and last days of the
quarantine period.
2.3.6 - SUBMISSION OF SPECIMENS FOR LABORATORY EXAMINATION
(a) Preparation of specimens either for shipment or for
personal delivery for rabies diagnoses shall be in accordance with
the requirements of the Texas Department of Health.
2.3.7 - RELEASE OR DISPOSITION OF QUARANTINED ANIMAL
(a) If a veterinarian determines that a quarantined animal
does not show the clinical signs for rabies, the local health
authority shall release the animal to its owner or custodian when
the quarantine period ends if:
(1) all costs of quarantine, observation, vaccination,
and other fees, have been paid, and
(a) the owner has an unexpired rabies vaccination
certificate for the animal; or
(b) the animal is vaccinated against rabies by a
licensed veterinarian at the owner's expense.
(2) the animal is registered as required by §3.1.
(b) If a veterinarian determines that a quarantined animal
shows clinical signs of rabies, the local health authority shall
humanely kill the animal. If an animal dies or is destroyed while
in quarantine, the local health authority shall remove the head or
brain of the animal and submit it for testing at the owner's
expense.
(c) No animal may be released from quarantine or observation
without the written order of the Local Health Authority.
2.3.8 PAYMENT FOR QUARANTINE AND TESTING
(a) The owner of an animal that is quarantined or tested for
rabies under this Order shall pay to the local health authority the
reasonable costs of the quarantine, testing, and disposition of the
animal. The local health authority may bring suit to collect those
costs.
(b) The local health authority may sell the animal and
retain the proceeds or keep, grant, or humanely kill an animal if
the owner or custodian does not take possession of the animal
before the fourth day following the final day of the quarantine
period. All costs and fees set out in (a) above shall be paid
before an owner or custodian may take possession of an animal. No
act of the Local Health Authority shall relieve the owner from
liability for reasonable costs of keeping, quarantining, testing,
and/or disposition of the animal.
SECTION 3. REGISTRATION OF DOGS AND CATS
~.1 REGISTRATION REQUIRED.
(a) The owner or custodian of each dog or cat shall register
each such dog and cat as provided in this section.
{b) In order to register a dog or cat under this section,
the owner must:
(i) File the official rabies vaccination certificate
with the Local Health Authority as provided in Section
2.1.2.
(2) Pay the applicable registration fee set out in
Appendix A.
(c) The registration fee may be paid to the veterinarian
issuing the official rabies vaccination certificate at the time
that the certificate is obtained.
(dj The veterinarian issuing the official rabies vaccination
certificate shall forward to Local Health Authority the full amount
of the registration fee, less the allowable administration charge
set out in Appendix A.
(e) It is the responsibility of the owner, however, to
ensure that the official rabies vaccination certificate has been
filed and the registration fee paid.
(f) Animal establishments, kennels, and pet shops are exempt
from the registration requirements if:
(1) such establishment is operating under a business
name and possesses a sales tax permit, and
(2) the animal is held solely for the purpose of sale in
connection with the breeder's business. Animals held for
any other purpose are not exempt from registration.
(3) pay an "Establishment Fee" as set out in Appendix A.
(gj Animal shelters shall not be required to register any
animal in their possession, nor shall they be required to pay any
fees associated with registration.
(h) Registration is required as follows:
(1) The registration of a neutered animal is valid for
the life of the animal.
{2) Animals that have not been neutered are required to
be registered annually.
(3) Animal Establishments must pay the "establishment
fee" each year, in lieu of registration.
3.2 PENALTIES
(a) A person commits an offense if:
(ij the person fails or refuses to register or present
for registration a dog or cat owned by the person.
(b) An offense under this section is a Class C misdemeanor.
(c) It is not a defense to prosecution under this section
that the veterinarian issuing the official rabies vaccination
certificate failed to file the certificate or forward the
registration fees to the Local Health Authority,
SECTION 4. RESTRAINT IMPOUNDMENT AND DISPOSITION OF STRAY DOGB,
AND CATS.
4 1 RESTRAINT REQUIRED
(a) The owner or custodian of each dog or cat shall restrain
the animals and prevent them from running at large.
(b) Each unrestrained, unowned, or stray dog or cat is hereby
declared a public nuisance.
(c) For purposes of this section, "restrained" shall mean
that the dog or cat is:
(1) physically restrained by a leash, fence, pen, or
other device,
(2) physically located on the property of the owner or
custodian, or supervised by and under the direct control of the
owner of custodian.
4.2 PENALTY
(a) A person commits an offense if:
(i) the person fails or refuses to restrain a dog or cat
owned by the person.
(b) An offense under this section is a Class C misdemeanor.
4.3 DETENTION AND IMPOUNDMENT AUTHORIZED.
(a) Each unrestrained, unowned, or stray dog or cat may be
detained or impounded by the Local Health Authority or that
officer's designee.
(b) Each unrestrained, unowned, or stray dog or cat shall be
impounded for a period of no less than seventy-two (72) hours
unless earlier claimed by its owner. A reasonable effort shall be
made to contact the owner or custodian prior to any disposition of
the animal.
(c) No dog or cat shall be released to an owner or a
custodian unless:
(1) the animal has a current rabies vaccination,
(2) has been properly registered in accordance with this
Order, and
(3) all applicable impoundment fees, as set forth in
Appendix A, have been paid.
(d) An animal that does not satisfy the requirements for
release under (c) above shall be considered unclaimed.
(ej Upon the expiration of the impoundment period provided
in (b), above, a humane disposition shall be made of each
unclaimed stray dog or cat.
(1) Humane disposition includes the destruction of such
dog or cat provided that the animal is humanely killed
and any of the methods that would be available to the
Local Health Authority under 2.3.8(b).
SECTION 5. ADOPTION
5.1 ADOPTION AUTHORIZED
(a) Any animal that is unclaimed or whose owner or custodian
has refused to pay the fees required by this Order may be adopted
if:
(ij the animal has been neutered,
(2) all costs associated with impoundment have been
paid,
(3) the animal has a current rabies vaccination,
(4) the animal has been registered as provided for in
this Order,.
(5) all applicable fees required by this Order have been
paid, and
(6) the adoption fee, as set out in Appendix A, has been
paid.
SECTION 6. PENALTIES
4.1 - CLASS C MISDEMEANOR
(a) A violation of the provisions of this Order is a Class
C misdemeanor.
APPENDI% A
Registration Fees:
a. Neutered animals (Lifetime Fee) $3.00 per year
b. Animals not neutered (Annual Fee) $7.00 per year
c. Veterinarian's Administration Fees $1.00 per registration
Establishment Fees:
a.	Kennels with less than six (6)	animals	$20.00	per year
b.	Kennels with more than six (6)	but less		
	than fifty (50) animals		$30.00	per year
c.	Kennels with 50 or more animals		$40.00	per year
d.	Pet shops		$30.00	per year
e.	Other animal establishments		$30.00	per year
impoundment Fees:			
		1st		2nd
	Status of Animal	Offense		Offense
a.	Registered & Neutered	$15.00		$30.00
b.	Registered & Non-Neutered	$30.00		$50.00
c.	Not registered & Neutered	$30.00		$50.00
d.	Not registered & Non-Neutered	$50.00		$75.00
Adoption	Fees•			
				
a.	Standard rate		$5.00