2005 California Health and Safety Code Sections 121575-121710 CHAPTER 1. RABIES CONTROL

HEALTH AND SAFETY CODE
SECTION 121575-121710

121575.  "Rabies," as used in this chapter, includes rabies, and any
other animal disease dangerous to human beings that may be declared
by the department as coming under this chapter.
121580.  "Quarantine," as used in this chapter, means the strict
confinement, upon the private premises of the owner, under restraint
by leash, closed cage, or paddock, of all animals specified in the
order of the department.
121585.  "Rabies area" shall mean any area not less than a county as
determined by the director within a region where the existence of
rabies constitutes a public health hazard, as found and declared by
the director.  A region shall be composed of two or more counties as
determined by the director.  The status of an area as a rabies area
shall terminate at the end of one year from the date of the
declaration unless, not earlier than two months prior to the end of
the year, it is again declared to be a rabies area in the manner
provided in this section.  If however, the director at any time finds
and declares that an area has ceased to be a rabies area its status
shall terminate upon the date of the declaration.
121595.  Whenever any case of rabies is reported as existing in any
county or city, the department shall make, or cause to be made, a
preliminary investigation as to whether the disease exists, and as to
the probable area of the state in which the population or animals
are endangered.
121600.  If upon the investigation the department finds that rabies
exists, a quarantine shall be declared against all animals as are
designated in the quarantine order, and living within the area
specified in the order.
121605.  Following the order of quarantine the department shall make
or cause to be made a thorough investigation as to the extent of the
disease, the probable number of persons and animals exposed, and the
area found to be involved.
121610.  The department may substitute for the quarantine order
regulations as may be deemed adequate for the control of the disease
in each area.
121615.  All peace officers and boards of health shall carry out the
provisions of this chapter.
121620.  During the period for which any quarantine order is in
force any officer may kill or in his or her discretion capture and
hold for further action by the department any animal in a quarantine
area, found on public highways, lands, and streets, or not held in
restraint on private premises as specified in this chapter.
121625.  Any proper official within the meaning of this chapter may
examine and enter upon all private premises for the enforcement of
this chapter.
121630.  Except as provided in Sections 121705 and 121710, every
person who possesses or holds any animal in violation of the
provisions of this chapter is guilty of an infraction, punishable by
a fine not exceeding one thousand dollars ($1,000).
121635.  For the purpose of providing funds to pay expenses incurred
in connection with the eradication of rabies, the rabies treatment
and eradication fund is continued in existence in each county or city
in this state.
121640.  All money collected for dog license taxes shall be
deposited to the credit of this fund with the treasurer of the county
or city; but funds now collected from any dog tax may continue to be
collected and used for other purposes specified by local ordinances.
121645.  Upon the determination by the department that rabies exists
in any county or city, a special dog license tax shall immediately
become effective, unless a dog tax is already in force the funds from
which are available for the payment of expenditures in accordance
with this chapter.
121650.  This tax shall be levied as follows:  An annual tax of one
dollar and fifty cents ($1.50) for each male, two dollars and fifty
cents ($2.50) for each female, and one dollar and fifty cents ($1.50)
for each neuter dog.  It shall be collected by the proper authority
at the same time and in the same manner as other taxes are collected;
except that at the first collection the proportion of the annual tax
as corresponds to the number of months the tax has been in operation
plus one year advance payment shall be collected.
121655.  After this dog license tax has been established in a county
or city, it shall be continued in force until an order has been
issued by the department declaring that county, or the portion of
that county as may be deemed advisable, to be free from rabies or
further danger of its spread.
121660.  One half of all fines collected by any court or judge for
violations of this chapter shall be placed to the credit of the
rabies treatment and eradication fund of the county or city where the
violation occurred.
121665.  Whenever it becomes necessary in the judgment of the
department, to enforce this chapter in any county or city, the
department may institute special measures of control to supplement
the efforts of the local authorities in any county or city whose
duties are specified in this chapter.
121670.  All expenditures incurred in enforcing the special measures
shall be proper charges against the special fund referred to in this
chapter, and shall be paid as they accrue by the proper authorities
of each county or city where they have been incurred; but all
expenditures that may be incurred after the issuance of the order
establishing the tax and before the first collection of the tax,
shall be paid as they accrue from the general fund of the county or
city.
121675.  All expenditures in excess of the balance of money in this
fund shall likewise be paid as they accrue from the general fund.
All money thus expended from the general fund shall be repaid from
the special fund when the collections from the tax have provided the
money.
121680.  Notwithstanding any other provision of this chapter a guide
dog serving a blind master shall not be quarantined, in the absence
of evidence that he or she has been exposed to rabies, unless his or
her master fails:
   (a) To keep him or her safely confined to the premises of the
master.
   (b) To keep him or her available for examination at all reasonable
times.
121685.  Notwithstanding any other provision of this chapter, a dog
used by any state, county, city, or city and county law enforcement
agency shall not be quarantined after biting any person if the bite
occurred while the dog was being used for any law enforcement
purpose.  The law enforcement agency shall make the dog available for
examination at any reasonable time.  The law enforcement agency
shall notify the local health officer if the dog exhibits any
abnormal behavior.
121690.  In rabies areas, all of the following shall apply:
   (a) Every dog owner, after his or her dog attains the age of four
months, shall no less than once every two years secure a license for
the dog as provided by ordinance of the responsible city, city and
county, or county.  License fees shall be fixed by the responsible
city, city and county, or county, at an amount not to exceed
limitations otherwise prescribed by state law or city, city and
county, or county charter.
   (b) Every dog owner, after his or her dog attains the age of four
months, shall, at intervals of time not more often than once a year,
as may be prescribed by the department, procure its vaccination by a
licensed veterinarian with a canine antirabies vaccine approved by,
and in a manner prescribed by, the department.
   (c) All dogs under four months of age shall be confined to the
premises of, or kept under physical restraint by, the owner, keeper,
or harborer.  Nothing in this chapter and Section 120435 shall be
construed to prevent the sale or transportation of a puppy four
months old or younger.
   (d) Any dog in violation of this chapter and any additional
provisions that may be prescribed by any local governing body shall
be impounded, as provided by local ordinance.
   (e) It shall be the duty of the governing body of each city, city
and county, or county to maintain or provide for the maintenance of a
pound system and a rabies control program for the purpose of
carrying out and enforcing this section.
   (f) It shall be the responsibility of each city, county, or city
and county to provide dog vaccination clinics, or to arrange for dog
vaccination at clinics operated by veterinary groups or associations,
held at strategic locations throughout each city, city and county,
or county.  The vaccination and licensing procedures may be combined
as a single operation in the clinics.  No charge in excess of the
actual cost shall be made for any one vaccination at a clinic.  No
owner of a dog shall be required to have his or her dog vaccinated at
a public clinic if the owner elects to have the dog vaccinated by a
licensed veterinarian of the owner's choice.
   All public clinics shall be required to operate under antiseptic
immunization conditions comparable to those used in the vaccination
of human beings.
   (g) In addition to the authority provided in subdivision (a), the
ordinance of the responsible city, city and county, or county may
provide for the issuance of a license for a period not to exceed
three years for dogs that have attained the age of 12 months or older
and have been vaccinated against rabies.  The person to whom the
license is issued pursuant to this subdivision may choose a license
period as established by the governing body of up to one, two, or
three years.  However, when issuing a license pursuant to this
subdivision, the license period shall not extend beyond the remaining
period of validity for the current rabies vaccination.  A dog owner
who complies with this subdivision shall be deemed to have complied
with the requirements of subdivision (a).
   (h) All information obtained from a dog owner by compliance with
this chapter is confidential to the dog owner and proprietary to the
veterinarian.  This information shall not be used, distributed, or
released for any purpose, except to ensure compliance with existing
federal, state, county, or city laws or regulations.
121695.  Nothing in this chapter and Section 120435 is intended or
shall be construed to limit the power of any city, city and county,
or county in its authority in the exercise of its police power or in
the exercise of its power under any other provisions of law to enact
more stringent requirements, to regulate and control dogs within the
boundaries of its jurisdiction.
121700.  Rabies vaccines for animal use shall not be supplied to
other than a veterinary biologic supply firm, a person licensed to
practice veterinary medicine under Chapter 11 (commencing with
Section 4800) of Division 2 of the Business and Professions Code, or
a public agency.
121705.  Any person who willfully conceals information about the
location or ownership of an animal subject to rabies, that has bitten
or otherwise exposed a person to rabies, with the intent to prevent
the quarantine or isolation of that animal by the local health
officer is guilty of a misdemeanor.
   Any person who violates this section is guilty of a misdemeanor.
121710.  Any person who, after notice, violates any order of a local
health officer concerning the isolation or quarantine of an animal
of a species subject to rabies, that has bitten or otherwise exposed
a person to rabies or who, after that order, fails to produce the
animal upon demand of the local health officer, is guilty of a
misdemeanor, punishable by imprisonment in the county jail for a
period not to exceed one year, or by fine of not less than one
hundred dollars ($100), nor more than one thousand dollars ($1,000)
per day of violation, or by both fine and imprisonment.


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