§ 462.315. Procedure for animal bites and for animals suspected of having rabies.

In accordance with Florida Administrative Code Chapter 64D-3 "Control of Communicable Diseases" and its requirements, guidance and provisions establishing certain protocol for the Health Department in the handling of suspected and known rabies cases, the provisions of 64D-3, as they may be amended from time to time, are hereby incorporated in this ordinance by reference. If there are any discrepancies between the wording of the following ordinance section and the provisions of 64D-3 FAC, the provisions of Florida Administrative Code shall prevail unless less stringent than this ordinance.

(a)

If an animal is suspected of having rabies, or if an animal bites any person or another animal, all persons having knowledge of such condition or event shall immediately notify both the DCHD and ACPS. The DCHD or ACPS shall immediately investigate the incident. The DCHD or ACPS will take appropriate actions to ensure the health and safety of the victim(s) and of the community. The DCHD and ACPS will maintain close communication with respect to all investigations of possible rabies exposure, and the DCHD and ACPS will provide each other with detailed information on biting dogs. When there is a need for quarantine, the DCHD may determine the location of the quarantine and will follow the investigation through the quarantine period. For those animals quarantined at ACPS, the DCHD and ACPS will notify the owner that the animal is confined for the quarantine period. The DCHD will inspect regularly those animals quarantined at ACPS and will inform ACPS of the findings. The owner shall bear all costs associated with impoundment and quarantine at ACPS, payable at the time of intake for animals brought to the shelter by owner/owner's agent or within 48 hours of notice of impoundment for field captured animals, and shall pay to the City all additional costs prior to redeeming the animal. At either ACPS's or the DCHD's discretion, the animal may be quarantined by confinement and observation at a veterinarian, and the owner shall be responsible for paying the cost of quarantine to the veterinarian. Except as provided elsewhere in this Chapter, the DCHD in accordance with 64D-3 FAC (or its equivalent) or upon the authority, responsibility and assumed liability of the Health Department, during the quarantine period, may release to the owner for confinement by the owner any animal which has bitten a person or another animal if:

(1)

All animals involved were already vaccinated against rabies in accordance with this Chapter;

(2)

All persons involved who may be exposed to rabies and all owners of animals involved that may be exposed to rabies (or a parent, if any such person is a minor), consent in writing to the release, or

(3)

The bite occurred within the family of the owner of the animal that bit, and the responsible adult(s) of that family request home quarantine, or

(4)

DCHD has reviewed the specific details of the case and in its best judgment is willing to accept the responsibility and any potential liability for such decision of allowing the home quarantine.

The release may be revoked by the DCHD if it determines that the owner is not properly confining the released animal.

(b)

It shall be unlawful for any person to refuse to give up or surrender to an animal control officer or to the DCHD an animal suspected of having rabies.

(c)

Whenever an animal, suspected of having rabies or otherwise posing a threat to public health or safety, cannot be captured by reasonable means to effect the quarantine, or where capture and quarantine cannot be effected safely, the Jacksonville Sheriff's office may be summoned, and such Sheriff's officer is authorized to use firearms to stop or slay the animal. If that cannot be safely accomplished, ACPS is authorized to use whatever means necessary to protect the public safety and welfare; such actions will be authorized by the Chief with the consent of the Department Director.

(d)

If a suspected animal or a bitten animal has sufficiently exposed a person or another animal, and the suspected animal or bitten animal has or develops symptoms of rabies, as determined by a veterinarian, the owner and the veterinarian shall notify the DCHD and ACPS. The DCHD shall determine whether the animal shall be humanely euthanized. No animal in the custody of ACPS or a designated veterinarian, which has or develops symptoms of rabies, may be redeemed or released. If a suspected animal or a bitten animal dies, or is euthanized pursuant to this Section, during the quarantine period, the veterinarian responsible for the destruction, the DCHD or ACPS shall cause the animal's head to be detached without mutilation and submitted to a laboratory of the State Department of Health in accordance with the procedure as provided by the DCHD.

(Ord. 2004-259-E, § 1; Ord. 2010-527-E, § 4)

Editor's note

Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.