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North Dakota

West's North Dakota Century Code Annotated. Title 23. Health and Safety. Chapter 23-36. Rabies Control.

Statute Details
Printable Version
Citation: ND ST 23-36-03

Citation: NDCC, 23-36-03


Last Checked by Web Center Staff: 01/2013

Summary:   This North Dakota statute provides that the appropriate health department may promptly seize and humanely kill, impound at the owner's expense, or quarantine any animal if the state health officer has probable cause to believe the animal presents clinical symptoms of rabies or determines the animal is a threat to human life or safety due to the possible exposure of an individual to rabies.


Statute in Full:
1. The department, or an agency acting on the department's behalf, may promptly seize and humanely kill, impound at the owner's expense, or quarantine any animal if the state health officer, or the state health officer's designee, has probable cause to believe the animal presents clinical symptoms of rabies.

2. The department, or an agency acting on the department's behalf, may promptly seize and humanely kill, impound at the owner's expense, or quarantine any wild mammal that is not currently vaccinated for rabies by a vaccine approved for use on that species by the national association of state public health veterinarians, inc., or any stray or unwanted domestic animal, if the state health officer, or the state health officer's designee, determines the animal is a threat to human life or safety due to the possible exposure of an individual to rabies.

3. The department, or an agency acting on the department's behalf, may promptly seize and quarantine, or impound at the owner's expense, any dog, cat, or currently vaccinated ferret for a period of ten days, or any other domestic animal for a period not exceeding six months, if the state health officer, or the state health officer's designee, determines the animal is a threat to human life or safety due to the possible exposure of an individual to rabies.

4. If an animal is humanely killed under this section, then at the request of the state health officer, or the state health officer's designee, the animal's brain must be tested for rabies by the state microbiology laboratory of the department or by the North Dakota veterinary diagnostic laboratory. The department may conduct a diagnosis of farm animals, domestic animals, and wildlife that are suspected of having rabies and report findings as appropriate.

5. If an animal that has bitten or otherwise exposed an individual or another animal is not seized for testing, a law enforcement officer with jurisdiction over the place where the animal is located may determine whether to impound or quarantine the animal under subsection 3 and which method of confinement to use.

6. A licensed veterinarian shall examine, at the owner's expense, a confined animal on the first and last day of the animal's confinement and, at the request of the department or a local public health unit, at any other time during confinement.

CREDIT(S)

S.L. 1999, ch. 243, § 1; S.L. 2009, ch. 160, § 2, eff. Aug. 1, 2009.

 



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