HomeMy WebLinkAboutItem 5 - Ord.on Rabies Vaccin.EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Action: 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: March 7, 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 an ordinance 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 due to the recent passage of
similar provisions by Lane County. 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.
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· It will assist in the decision about the course of treatment when a human is 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 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.
A public hearing was held on February 28, 2004, at which all testimony was in support of passing this
ordinance.
RELATED CITY POLICIES
No City polices are relevant to this discussion
COIJNCIL OPTIONS
The council may adopt or decline to adopt the proposed ordinance.
The 2003 Lane County Animal Regulation Advisory Tasks Force, Lane County Board of Directors,
Lane County Public Health Department, and LCARA supports adopting an ordinance requiring the
filing of rabies vaccination certificates by the veterinarian that performs the vaccination.
The Lane County Board of Commissioners held a public hearing and received testimony from some
veterinarians and dog breeders in opposition of the rabies reporting requirement. Similar testimony was
anticipated at the City's public hearing. The breeders expressed concerned that the information would
be used to enforce dog limit laws, and the veterinarians expressed concern about 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.
CITY MANAGER'S RECOMMENDATION
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The City Manager recommends adoption of the proposed ordinance requiring the filing of rabies
vaccination certificates.
S[IGGESTED MOTION
Move to adopt 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.
ATTACHMENTS
A. Ordinance concerning the filing of rabies vaccination certificates
FOR MORE INFORMATION
Staff Contact: Carol Pomes
Telephone: 682-5054
Staff E-Mail: carol.k.pomes~ci.eugene.or.us
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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
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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
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