§ 3807. Killing a domestic pet or wolf-hybrid

(a) When the legislative body, a municipal officer designated by the legislative body, the commissioner of the department of fish and wildlife, the commissioner of the department of health, or the secretary of the agency of agriculture, food and markets reasonably suspects that a domestic pet or wolf-hybrid impounded under section 3806 of this title has been exposed to rabies, has been attacked by a rabid animal or has been running at large in violation of any of the provisions of this subchapter the official shall order the domestic pet or wolf-hybrid to be killed. However, if the official finds that it is not reasonable to suspect that a domestic pet or wolf-hybrid impounded under section 3806 of this title is rabid or has been exposed to rabies, the official may deliver the domestic pet or wolf-hybrid to the owner. When it is impractical to confine or impound a domestic pet or wolf-hybrid pursuant to section 3806 of this title, or when the owner of a domestic pet or wolf-hybrid confined or impounded cannot be ascertained, the officials may immediately order the domestic pet or wolf-hybrid to be killed.

(b) In the event that a domestic pet is suspected of exposing a human, pet, wolf-hybrid, or domestic animal to rabies, it shall be managed in accordance with the provisions of this subchapter and the rules of the department of health.

(c) Since there is no approved preexposure rabies vaccine for wolf-hybrids, until the commissioner finds and approves a rabies vaccine, any wolf-hybrid which bites or otherwise exposes a human, pet, or domestic animal to rabies shall immediately be destroyed and its head shall be sent to the state department of health for the purpose of testing its brain tissue for the presence of the disease. If an alternative means of testing is provided by rule of the department of health, that procedure may be substituted for the procedure described in this subsection. The legislative body of the municipality or a municipal officer designated by the legislative body shall be responsible for ensuring the provisions of this subsection are carried out. (Amended 1993, No. 213 (Adj. Sess.), § 26, eff. June 15, 1994; 2003, No. 42, § 2, eff. May 27, 2003.)