23-36 Rabies Control
Download pdf
Loading PDF...
<![CDATA[CHAPTER 23-36RABIES CONTROL23-36-01. Definitions. As used in this chapter:1."Bite" means any penetration of the skin by an animal's teeth.2."Clinical symptoms of rabies" means physical signs or symptoms or animal behavior<br>that would lead a reasonably prudent veterinarian to conclude that a diagnosis of<br>possible rabies is indicated.3."Confinement" means separation of an animal from humans, other than the owner,<br>caretaker, a member of the owner's family, or the caretaker's employees, and from<br>other animals, by means of a building, cage, fence, pen, or other secure enclosure<br>that restricts the animal's movement within definite boundaries and prevents the<br>animal from exiting the enclosure.4."Department" means the state department of health.5."Domestic animal" means any dog [canis familiaris], cat [felis domestica], horse,<br>mule, bovine animal, sheep, goat, bison, llama, alpaca, swine, or captive-bred,<br>currently vaccinated ferret.6."Emergency" means a situation in which an immediate search and seizure of an<br>animal is necessary and authorized by section 8 of article I of the Constitution of<br>North Dakota and the fourth amendment to the Constitution of the United States<br>because of a risk of death or serious bodily injury to a human or another animal.7."Exposure to rabies" means any bite or scratch, and includes any nonbite contact of<br>an individual with an animal, animal tissue, or fluids that are defined as an exposure<br>to rabies by the federal advisory committee on immunization practices referred to in<br>Public Law No. 103-66 [107 Stat. 636, 642; 42 U.S.C. 1396s(e)].8."Impound" means quarantining an animal at a public pound or an animal facility of a<br>licensed veterinarian.9."Law enforcement officer" has the meaning of that term as set forth in section<br>12.1-01-04.10."Quarantine" means confinement in a fixed area that keeps a possibly rabid animal<br>secure and isolated from all other animals so there is no reasonable possibility of<br>rabies being mechanically transmitted from the confined area.11."Vaccinated animal" means an animal that has been vaccinated in compliance with<br>the compendium of animal rabies control issued by the national association of state<br>public health veterinarians.12."Wild mammal" means any animal of the order mammalia which is not a domestic<br>animal and includes any hybrid of a domestic animal and a mammal regardless of<br>whether the animal is:a.Wildlife as defined in section 20.1-01-02; orb.Held in private ownership.23-36-02. Policy - Local authority.Page No. 11.The department shall establish a rabies control program that must place primary<br>emphasis on human exposure to rabies.2.The department shall consider national peer-reviewed recommendations for the<br>control of rabies during the development of the department's rabies control program.3.This chapter may not be construed to limit the authority of any local agency to<br>control or prevent rabies, and, upon request, the department may assist any local<br>agency in rabies control and prevention activities, but the fact that possible rabies<br>exposure is subject to a local ordinance does not limit the department's authority<br>under this chapter.4.This chapter may not be construed to limit a law enforcement officer's ability to<br>immediately seize, humanely kill, and request the testing of an animal for rabies if<br>emergency circumstances exist that endanger human health or safety.23-36-03. Enforcement authority.1.The department, or an agency acting on the department's behalf, may promptly<br>seize and humanely kill, impound at the owner's expense, or quarantine any animal<br>if the state health officer, or the state health officer's designee, has probable cause<br>to believe the animal presents clinical symptoms of rabies.2.The department, or an agency acting on the department's behalf, may promptly<br>seize and humanely kill, impound at the owner's expense, or quarantine any wild<br>mammal that is not currently vaccinated for rabies by a vaccine approved for use on<br>that species by the national association of state public health veterinarians, inc., or<br>any stray or unwanted domestic animal, if the state health officer, or the state health<br>officer's designee, determines the animal is a threat to human life or safety due to<br>the possible exposure of an individual to rabies.3.The department, or an agency acting on the department's behalf, may promptly<br>seize and quarantine, or impound at the owner's expense, any dog, cat, or currently<br>vaccinated ferret for a period of ten days, or any other domestic animal for a period<br>not exceeding six months, if the state health officer, or the state health officer's<br>designee, determines the animal is a threat to human life or safety due to the<br>possible exposure of an individual to rabies.4.If an animal is humanely killed under this section, then at the request of the state<br>health officer, or the state health officer's designee, the animal's brain must be<br>tested for rabies by the state microbiology laboratory of the department or by the<br>North Dakota veterinary diagnostic laboratory.The department may conduct adiagnosis of farm animals, domestic animals, and wildlife that are suspected of<br>having rabies and report findings as appropriate.5.If an animal that has bitten or otherwise exposed an individual or another animal is<br>not seized for testing, a law enforcement officer with jurisdiction over the place<br>where the animal is located may determine whether to impound or quarantine the<br>animal under subsection 3 and which method of confinement to use.6.A licensed veterinarian shall examine, at the owner's expense, a confined animal on<br>the first and last day of the animal's confinement and, at the request of the<br>department or a local public health unit, at any other time during confinement.23-36-04. Administrative search warrant. Except in the case of an emergency, thedepartment, or another state or local agency acting on the department's behalf, may seize an<br>animal located on private property only as authorized by an administrative search warrant issued<br>under chapter 29-29.1. A warrant to seize an animal under this section must include a request to<br>quarantine, impound, or humanely kill and test the animal.Page No. 223-36-05. Assistance of state and local agencies. If a warrant is issued under section23-36-04 and upon written request of the department, the game and fish department, the state<br>veterinarian, or the wildlife services program of the United States department of agriculture<br>animal and plant health inspection service shall provide assistance to the department in any<br>action to seize, impound, quarantine, or test an animal suspected of having rabies or that has<br>possibly exposed an individual to rabies, and shall carry out any other preventive measures the<br>department requests. For purposes of this section, a request from the department means only a<br>request for assistance as to a particular and singular suspicion of exposure to rabies and does<br>not constitute a continuous request for assistance.The duty of the game and fish department to cooperate and provide assistance under thissection is limited to cases involving a wild mammal and is applicable only if no other agency is<br>available for law enforcement or animal control services.23-36-06. Payment for postexposure treatment. The department may provide, at nocost, rabies postexposure vaccine to an individual possibly exposed to rabies if the department<br>determines the individual is financially unable to pay for the postexposure vaccine treatment.23-36-07.Penalty for violation of order or interference.A person is guilty of aninfraction if the person:1.Conceals, releases, or removes an animal from the place where the animal is<br>located with intent to impair that animal's availability for seizure under that warrant or<br>order while the person is under the belief that a search warrant or judicial order is<br>pending or is about to be issued for the seizure of an animal;2.Fails to impound or quarantine an animal for the period and at the place specified<br>after having been ordered to impound or quarantine the animal; or3.Recklessly hinders any state or local official in any pending or prospective action to<br>seize, impound, quarantine, or test an animal under this chapter.23-36-08.Limitation on liability.Subject to any other requirements of section32-12.2-02, the owner of an animal may bring a claim for money damages, and may recover an<br>amount up to the replacement value of the animal, if the owner establishes that before the animal<br>was seized and tested for rabies under this chapter, the state health officer, or the state health<br>officer's designee, knew or recklessly failed to determine that the animal, at the time of the<br>exposure, was lawfully owned and licensed and that:1.The animal was a wild mammal, and, at the time of the exposure, was currently<br>vaccinated with a vaccine approved for use on an animal of that species by the<br>national association of state public health veterinarians, inc.;2.The animal had not bitten, scratched, or otherwise possibly exposed a person to<br>rabies; or3.The animal was a domestic animal and there was not probable cause to believe the<br>animal was rabid.23-36-09. Owner's responsibility.1.The owner of an animal is liable for the cost of quarantine and veterinary services,<br>and for the cost of any postexposure treatment received by an individual who is<br>possibly exposed to rabies by the owner's animal, if the animal is not:a.Licensed or registered as required by any state or local law or rule applicable to<br>that species; orPage No. 3b.Confined or vaccinated as required by any state or local law or rule applicable<br>to that species.2.This section may not be construed to limit any other liability of an animal owner for<br>injury or damage caused by the owner's animal.Page No. 4Document Outlinechapter 23-36 rabies control]]>