§ 14-66. Vaccination required.

(a)

Offense.

(1)

It shall be unlawful for any person to intentionally or knowingly own or possess an animal, other than a dog or cat, that has not been immunized with an antirabies vaccine:

a.

By 16 weeks of age; or

b.

If older than 16 weeks of age:

1.

In the preceding 12 months; or

2.

At the recommended interval for booster vaccination as established by the manufacturer.

(2)

It shall be unlawful for any person to intentionally or knowingly own or possess a dog or cat that has not been immunized with an antirabies vaccine:

a.

By 16 weeks of age;

b.

Within 12 months of the date the dog or cat received its first vaccination, regardless of the type of vaccine used or the age at which the dog or cat was initially vaccinated; or

c.

Either:

1.

In the preceding 12 months; or

2.

At the recommended interval for booster vaccination as established by the manufacturer for a third or subsequent vaccination.

(b)

Presumption. In any prosecution authorized by this section where proof is presented that the animal was not wearing a tag indicating rabies immunization within the preceding 12 months, such animal shall be presumed not to be currently immunized with an antirabies vaccine.

(c)

Defenses. It shall be an affirmative defense to any prosecution under this section if:

(1)

The person accused of the offense presents an official rabies vaccine certificate evidencing that the animal received an antirabies vaccine contrary to the alleged offense; or

(2)

The animal:

a.

Was less than 16 weeks old on the date of the offense; or

b.

Is of a species not susceptible to rabies.

(Code 1967, § 5-4; Ord. No. 2566, § 2, 10-26-78; Ord. No. 10,876, § 1, 4-24-08)

State law reference

Rabies vaccinations, V.T.C.A., Health and Safety Code § 826.021 et seq.