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HomeMy WebLinkAboutItem 5 - Ord/Rabies VaccinationEUGENE CITY COUNCIL AGENDA ITEM SUMMARY Public Hearing: An Ordinance Concerning the Filing of Rabies Vaccination Certificates; Adding Section 4.403 to the Eugene Code, 1971; Amending Section 4.990 of That Code; and Providing For an Immediate Effective Date Meeting Date: February 28, 2004 Agenda Item Number: 5 Department: Central Services Staff Contact: Carol Pomes www. cl. eugene, or. us Contact Telephone Number: 682-5054 ISSUE STATEMENT This is a public hearing concerning the filing of rabies vaccination certificates, requiring that upon the rabies vaccination of any dog, the veterinarian performing the vaccination shall transmit a copy of the vaccination certificate to the Lane County Health Administrator. Please note: An immediate effective date is requested with this ordinance. An immediate effective date requires a 2/3 majority or 6 affirmative votes from the Council to enact. Ordinances without an immediate effective date do not take effect for 30 days. BACKGROUND The Lane County's Animal Regulation Advisory Task Force Report dated November 12, 2003, recommended that the Board of County Commissioners (BCC) institute code changes to require that all veterinarians report to the County health authority or its designee, the issuance of rabies vaccinations. The Lane County Board of Commissioners took action on the recommendation in December 2004. It held a public hearing on December 8, 2004, and adopted a Rabies Vaccination Reporting Code on December 15, 2004. The attached ordinance would make the Eugene Code consistent with the Lane Code and would require veterinarians doing business within Eugene to file rabies vaccination certificates with the Lane County Health Administrator, or its designee. The City Attorney reviewed the changes to the Lane Code and recommended that the City also change the Eugene Code to make the requirement for rabies vaccination certificates uniform. Lane County Animal Regulation Authority (LCARA) will be creating a master database containing rabies inoculation and license information serving all of Lane County. This information would be available to all Lane County law enforcement agencies and health care providers though law enforcement agencies in the event of dog attacks, dogs biting humans, and attacks on other animals. This information is valuable in many ways: · Rabies inoculation information can be checked by authorized personnel by using the dog owner's name, address, or dog license number, 24 hours a day, 7 days a week. L:\CMO\2005 Council Agendas\M050228\S0502285.doc · It will assist in the decision of the course of treatment of a human attacked and bitten by a dog. · It will assist in locating dog owners. · It will assist in background information on the dog. · It will locate the primary veterinarian in case of injury to an animal. · It will increase license compliance. · It will increase license revenue for City. The Lane County Animal Regulation Authority will be responsible for the administration and enforcement of this requirement. RELATED CITY POLICIES No City polices are relevant to this discussion COUNCIL OPTIONS This is a public hearing. No action is required. The council has a deliberation time set for March 7, 2005. Options to consider during deliberations include: 1. Approve or deny the draft ordinance as proposed. 2. Decline to amend the Eugene City Code at this time. The 2003 Lane County Animal Regulation Advisory Task Force, Lane County Board of Directors, Lane County Public Health Department, and LCARA support adoption of an ordinance requiring the filing of rabies vaccination certificates by the veterinarian who performs the vaccination. The Lane County Board of Commissioner's held a public hearing and received testimony from some veterinarians and dog breeders in opposition to the rabies reporting requirement. The City of Eugene can expect similar testimony at its public hearing. The breeders expressed concerned that the information would be used to enforce dog limit laws, and the veterinarians expressed concern for keeping their clients information confidential. The filing of rabies vaccinations certificates with Lane County Health should not change how limit laws are enforced in Eugene; currently, dog limits within Eugene are enforced through Planning (Land Use Management, Zoning and Nuisance), and are investigated and enforced on a complaint-driven basis. The ordinance includes requirements to keep information supplied by the veterinarian confidential to the extent permitted by law. There would be no financial impact on the City to enforce the rabies vaccination reporting ordinance; however, there may be a positive financial impact on dog licensing revenue as a result of LCARA having a larger data base of dog owners in Eugene. L:\CMO\2005 Council Agendas\M050228\S0502285.doc CITY MANAGER'S RECOMMENDATION The City Manager recommends that final action be taken on March 7, 2005, to adopt the ordinance requiring the filing of rabies vaccination certificates. SUGGESTED MOTION No motion is needed; this is a public hearing only. ATTACHMENTS A. Ordinance concerning the filing of rabies vaccination certificates B. Copy of the relevant 2003 Lane County Animal Regulation Advisory Task Force Recommendation concerning the reporting of rabies vaccinations to Lane County Health. FOR MORE INFORMATION Staff Contact: Carol Pomes Telephone: 682-5054 Staff E-Mail: carol.k.pomes~ci.eugene.or.us L:\CMO\2005 Council Agendas\M050228\S0502285.doc ATTACHMENT A ORDINANCE NO. AN ORDINANCE CONCERNING THE FILING OF RABIES VACCINATION CERTIFICATES; ADDING SECTION 4.403 TO THE EUGENE CODE, 1971; AMENDING SECTION 4.990 OF THAT CODE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. The City of Eugene does ordain as follows: Section 1. Section 4.403 of the Eugene Code, 1971, is added to provide: 4.403 Filing of Rabies Vaccination Certificate, Issuance of Tag. (1) Upon the rabies vaccination of any dog, the veterinarian performing the vaccination shall transmit a copy of the vaccination certificate to the Lane County Health Administrator. (2) The animal regulation authority shall be responsible for the administration of this section. (3) A rabies tag fee, and a tag replacement fee, may be established for those dogs required to be licensed pursuant to section 4.395 of this code, and the fees shall be set pursuant to section 2.020 of this code. Upon receipt of the fee, a serial-numbered rabies tag, identifying its expiration date, may be issued to the owner of the dog. (4) Information received from a veterinarian identifying any owner, address or phone number, or rabies tag serial number, shall be considered a part of the veterinarian's customer list, and will not be disclosed except to the following, who shall keep it confidential as permitted by law: (a) Oregon Department of Human Services; (b) The animal regulation authority; (c) A physician, or any emergency medical personnel, treating a patient who has been bitten, scratched, or who may have been otherwise exposed to a zoonotic disease; (d) A veterinarian treating an animal that has been bitten, scratched, or who may have been otherwise exposed to a zoonotic disease; and (e) Federal, state, and local law enforcement and prosecutorial agencies investigating potential rabies transmission. Ordinance- 1 L:\CMO\2005 Council Agendas\M050228\S0502285-attA.doc Section 2. Section 4.990 of the Eugene Code, 1971, is amended by adding a penalty for violation of Section 4.403 of the Eugene Code, 1971, in numerical order to the penalty table, as follows: 4.990 Penalties - Specific. (1) Violation of the following sections is punishable by fine or confinement in jail, or both, up to the amounts indicated opposite each: Section Penalty 4.403 $180 for the first offense; $360 for subsequent offenses Section 3. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Section 4. An immediate effective date is necessary and serves an important public service due to the recent passage of similar provisions by Lane County. This Ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor, retention by the Mayor for more than ten days, or readoption over a Mayoral veto by two-thirds of all members of the City Council. Passed by the City Council this Approved by the Mayor this ~ day of ,2005. ~ day of ., 2005. City Recorder Mayor Ordinance - 2 L:\CMO\2005 Council Agendas\M050225\S0502255-attA.doc ATTACHMENT B LANE COUNTY'S Animal Regulation Advisory Task Force Findings and Recommendations FINAL REPORT Adopted by the Task Force on November 12, 2003 companion animals per household by at least 50%, local governments could realize an increase in adoption rates and licensing cooperation by citizens. Table 2: Estimated Lane County Companion Animal Population. Geographic Total Total Total Dog Total Cat Area Population* Households Population** Population**I Lane County*** 322,959 130,453 75,350 86,569 Eugene 137,893 58110 33,564 38,562 Springfield 52,864 20,514 11,849 13,613 Junction City 4,721 1,823 1,053 1,210 FIorence 7,263 3,564 2,059 27365 Coburg 969 367 212 244 Cottage Grove 8,435 3,264 17885 2,166 Creswell 3,579 1,271 734 843 Dunes City 1,241 558 322 370 Lowell 857 315 175 209 Oakridge 3,148 1,345 777 892 Veneta 2,755 966 558 641 Westfir 276 100 58 66 *Population based u mn 2000 census data (http:l/www. laneinfo.com/information.asp). **Calculations based upon American Veterinary Medical Association Study. (www.avma.org/mernbshp/rna~etstats/formulas.asp,W~ouseholdsl): Dog population based upon: (Total Households X 0.361 X 1.6). Cat Population calculation based upon: (Total Households X 0.316 X 2.1). ***Includes all of Lane County Current obstacles to an effective licensing program include, but are not limited to: A lack of a fully integrated, county-wide, rabies vaccination reporting and licensing program with local veterinarians and other participating public and private agencies; Insufficient locations and accessibility to licensing sales opportunities; o Inadequate LCARA staff levels to operate and supervise an upgraded licensure expansion and management program, complete with community liaison services and credit card payment capacity; ° The need for improved coordination between most municipalities, aside from the City of Eugene, and Lane County with respect to establishing and maintaining a uniform licensing database to enhance redemption of lost pets, including those crossing jurisdictional boundaries, as well as to timely assist in dog bite case investigations. The Task Force Recommends: ]) The Board of County Commissioners (BCC) immediately institute Code changes within its jurisdiction to require that all veterinarians report to the 'County health authority or its designee, the issuance of rabies vaccinations (see attached suggested rabies reporting code language and examples of other state, county and city rabies reporting requirements within Appendix 8 a. Veterinarians are not presently required to report to Lane County officials the issuance of rabies vaccinations given to dogs. This information is essential to public safety in the case of animal bites to humans. In addition, it is an important component of a successful licensing program (See Appendix III for examples). b. Currently, veterinary participation with the LCARA licensing program is voluntary with uneven and sporadic participation. An upgraded program with the Lane County Veterinary Medical Association (LCVMA) and its member practices to stimulate uniform vaccination and licensing provisions (complete with service fee compensation for licensing) is a realistic prospect. c. LCARA is currently working with LCVMA in a cooperative effort to solve several animal welfare issues in Lane County. We recommend that LCARA continue to devote efforts to expand a working partnership with the LCVMA. d. The Task Force has been unable to locate any reports of significant downturn of rabies vaccination compliance in those states and localities that require reporting. We found that the reporting of rabies .~ vaccinations throughout the country is a standard practice with near universal compliance. · i. The Lane County Public Health Officer supports the concept .of a rabies-reporting requirement. e. The Task Force recognizes that the veterinary community is a key component to any animal care and control program, and population reduction challenges facing Lane County's citizens. 2) Increased support for spay/neuter programs, both on-site and through subsidized vouchers with local veterinarians along with spay/neuter subsidies for such groups as local feral cat trap, neuter and return (TNR) volunteers. 3) Institute a subsidized microchip clinic for Iow-income pet owners/guardians and feral cat colonies. 4) Direct LCARA to explore contract negotiations with a pet licensing company should the in-house LCARA license upgrade management efforts not meet goals and expectations by January 15, 2007. 5) Work with other municipal government agencies throughout Lane County to establish a uniform countywide licensing database. 6) Integrate a database information system that will assist public agencies with license and rabies vaccination verification and help individuals with pet redemption. 7) Institute a voluntary cat identification registry/licensing program. 8) Expand 'limit laws' to allow more companion animals per household. a. This will align code with common practice and result in increased licensure compliance, increased adoption of shelter impounds and relinquished animals and increased foster homing. 9) Encourage the City of Eugene and other incorporated municipalities to adopt a similar approach with respect to expanding limit laws.