GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 722

Short Title:  Raccoons As Pets.	(Public)

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Sponsors: Senator Allran.

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Referred to:  Agriculture/Environment/Natural Resources

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April 13, 1995

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THE ISSUANCE OF LICENSES TO QUALIFIED INDIVIDUALS AUTHORIZING THE KEEPING OF RACCOONS AS PERSONAL PETS AND AMEND THE PUBLIC HEALTH LAWS TO REQUIRE RACCOONS KEPT AS PETS TO BE SUBJECT TO STATE LAWS REGARDING RABIES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 113-272.5 is amended by adding a new subsection to read:
	"( g)  The Wildlife Resources Commission shall issue a captivity license authorizing the possession of a raccoon as a personal pet to an individual providing satisfactory documentation of the following:
(1)	The person possessing the raccoon is 16 years of age or older;
(2)	The person has, or is able to provide within 30 days of the issuance of the license, adequate caging facilities for the raccoon.  Adequate caging facilities for a raccoon are as follows:
a.	For each raccoon, a cage six feet by five feet, by six feet high, with two climbing limbs and a resting shelf;
b.	For each additional raccoon, increase case length by two feet; and
(3)	The raccoon will be kept in an appropriate neighborhood such that neither possession of the raccoon nor the required caging facilities will violate local zoning or building ordinances;
(4)	Certification from a licensed veterinarian that the raccoon has received the following schedule of vaccinations:
a.	Rabies, initially at 16 weeks of age, and annually thereafter;
b.	Canine distemper virus, initially at eight weeks, 12 weeks, and 16 weeks of age, and annually thereafter.
	If the raccoon is too young to have completed the schedule of required vaccinations at the time it is acquired and application for the license made, the Wildlife Resources Commission shall issue a temporary license valid for the period of time necessary to complete the vaccination schedule, not to exceed 16 weeks.  If the vaccinations are not completed and certification is not provided prior to the expiration of the temporary license, the Wildlife Resources Commission shall take possession of the raccoon.
The license shall be valid only for the individual and location specified on the license."
Sec. 2.  G.S. 130A-184 is amended by adding a new subdivision to read:
"(5A)	'Raccoon' means a raccoon that is kept as a personal pet under a license issued by the Wildlife Resources Commission pursuant to G.S. 113-272.5(g)."
Sec. 3.  G.S. 130A-185 reads as rewritten:
"§ 130A-185.  Vaccination of all dogs, cats, and raccoons.
(a)	The owner of every dog, cat, and raccoon over four months of age shall have the animal vaccinated against rabies. The time or times of vaccination shall be established by the Commission. Rabies vaccine shall be administered only by a licensed veterinarian or by a certified rabies vaccinator.
(b)	Only animal rabies vaccine licensed by the United States Department of Agriculture and approved by the Commission shall be used on animals in this State."
Sec. 4.  G.S. 130A-187 reads as rewritten:
"§ 130A-187.  County rabies vaccination clinics.
The local health director shall organize or assist other county departments to organize at least one countywide rabies vaccination clinic per year for the purpose of vaccinating dogs, cats, and raccoons. Public notice of the time and place of rabies vaccination clinics shall be published in a newspaper having general circulation within the area."
Sec. 5.  G.S. 130A-189 reads as rewritten:
"§ 130A-189.  Rabies vaccination certificates.
A licensed veterinarian or a certified rabies vaccinator who administers rabies vaccine to a dog, cat, or raccoon shall complete a three-copy rabies vaccination certificate.  The original rabies vaccination certificate shall be given to the owner of each dog, cat, or raccoon that receives rabies vaccine.  One copy of the rabies vaccination certificate shall be retained by the licensed veterinarian or the certified rabies vaccinator.  The other copy shall be given to the county agency responsible for animal control, provided the information given to the county agency shall not be used for commercial purposes."
Sec. 6.  G.S. 130A-190 reads as rewritten:
"§ 130A-190. Rabies vaccination tags.
A licensed veterinarian or a certified rabies vaccinator who administers rabies vaccine to a dog, cat, or raccoon shall issue a rabies vaccination tag to the owner of the animal. The rabies vaccination tag shall show the year issued, a vaccination number, the words 'North Carolina' or the initials 'N.C.' and the words 'rabies vaccine.' Dogs, cats, and raccoons shall wear rabies vaccination tags at all times. However, cats may be exempted from wearing the tags by local ordinance. Rabies vaccination tags, links and rivets may be obtained from the Department. The Secretary is authorized to establish by rule a fee for the rabies tags, links and rivets. The fee shall not exceed the actual cost of the rabies tags, links and rivets, plus transportation costs."
Sec. 7.  G.S. 130A-192 reads as rewritten:
"§ 130A-192. Dogs, cats, and raccoons not wearing required rabies vaccination tags.
The Animal Control Officer shall canvass the county to determine if there are any dogs, cats, or raccoons not wearing the required rabies vaccination tag. If a dog, cat, or raccoon is found not wearing the required tag, the Animal Control Officer shall check to see if the owner's identification can be found on the animal. If the animal is wearing an owner identification tag, or if the Animal Control Officer  otherwise knows who the owner is, the Animal Control Officer shall notify the owner in writing to have the animal vaccinated against rabies and to produce the required rabies vaccination certificate to the Animal Control Officer within three days of the notification. If the animal is not wearing an owner identification tag and the Animal Control Officer does not otherwise know who the owner is, the Animal Control Officer may impound the animal. The duration of the impoundment of these animals shall be established by the county board of commissioners, but the duration shall not be less than 72 hours. During the impoundment period, the Animal Control Officer shall make a reasonable effort to locate the owner of the animal. If the animal is not reclaimed by its owner during the impoundment period, the animal shall be disposed of in one of the following manners: returned to the owner; adopted as a pet by a new owner; sold to institutions within this State registered by the United States Department of Agriculture pursuant to the Federal Animal Welfare Act, as amended; or put to death by a procedure approved by the American Veterinary Medical Association, the Humane Society of the United States or of the American Humane Association. The Animal Control Officer shall maintain a record of all animals impounded under this section which shall include the date of impoundment, the length of impoundment, the method of disposal of the animal and the name of the person or institution to whom any animal has been released."
Sec. 8.  G.S. 130A-193 reads as rewritten:
"§ 130A-193.  Vaccination and confinement of dogs, cats, and raccoons brought into this State.
(a)	A dog, cat, or raccoon brought into this State shall immediately be securely confined and shall be vaccinated against rabies within one week after entry. The animal shall remain confined for two weeks after vaccination.
(b)	The provisions of subsection (a) shall not apply to:
(1)	A dog, cat, or raccoon brought into this State for exhibition purposes if the animal is confined and not permitted to run at large; or
(2)	A dog, cat, or raccoon brought into this State accompanied by a certificate issued by a licensed veterinarian showing that the dog, cat, or raccoon is apparently free from and has not been exposed to rabies and that the dog, cat, or raccoon has received rabies vaccine within the past year."
Sec. 9.  G.S. 130A-194 reads as rewritten:
"§	130A-194.  Quarantine of districts infected with rabies.
An area may be declared under quarantine against rabies by the local health director when the disease exists to the extent that the lives of persons are endangered. When quarantine is declared, each dog, cat, and raccoon in the area shall be confined on the premises of the owner or in a veterinary hospital. However, dogs, cats, or raccoons on a leash or under the control and in the sight of a responsible adult may be permitted to leave the premises of the owner or the veterinary hospital."
Sec. 10.  G.S. 130A-195 reads as rewritten:
"§	130A-195. Destroying stray dogs, cats, and raccoons in quarantine districts.
When quarantine has been declared and dogs, cats, and raccoons continue to run uncontrolled in the area, any peace officer or Animal Control Officer shall have the right, after reasonable effort has been made to apprehend the animals, to destroy the uncontrolled dogs, cats, and raccoons and properly dispose of their bodies."
Sec. 11.  G.S. 130A-196 reads as rewritten:
"§	130A-196.  Confinement of all biting dogs, cats, and raccoons; notice to local health director; reports by physicians; certain dogs exempt.
When a person has been bitten by a dog, cat, or raccoon, the person or parent, guardian or person standing in loco parentis of the person, and the person owning the animal or in control or possession of the animal shall notify the local health director immediately and give the name and address of the person bitten and the owner of the animal.  All dogs, cats, and raccoons that bite a person shall be immediately confined for 10 days in a place designated by the local health director.  However, the local health director may authorize a dog trained and used by a law enforcement agency to be released from confinement to perform official duties upon submission of proof that the dog has been vaccinated for rabies in compliance with this Part.  After reviewing the circumstances of the particular case, the local health director may allow the owner to confine the animal on the owner's property.  An owner who fails to confine his animal in accordance with the instructions of the local health director shall be guilty of a Class 2 misdemeanor.  If the owner or the person who controls or possesses a dog, cat, or raccoon that has bitten a person refuses to confine the animal as required by this section, the local health director may order seizure of the animal and its confinement for 10 days at the expense of the owner.  A physician who attends a person bitten by an animal known to be a potential carrier of rabies shall report within 24 hours to the local health director the name, age and sex of that person."
Sec. 12.  G.S. 130A-197 reads as rewritten:
"§ 130A-197.  Infected dogs, cats, and raccoons to be destroyed; protection of vaccinated dogs, cats, and raccoons.
A dog, cat, or raccoon bitten by a proven rabid animal or animal suspected of having rabies that is not available for laboratory diagnosis shall be destroyed immediately by its owner, the county Animal Control Officer or a peace officer unless the dog, cat, or raccoon has been vaccinated against rabies in accordance with this Part and the rules of the Commission more than three weeks prior to being bitten, and is given a booster dose of rabies vaccine within three days of the bite."
Sec. 13.  G.S. 130A-198 reads as rewritten:
"§ 130A-198.  Confinement.
A person who owns or has possession of an animal which is suspected of having rabies shall immediately notify the local health director or county Animal Control Officer and shall securely confine the animal in a place designated by the local health director. Dogs, cats, and raccoons shall be confined for a period of 10 days. Other animals may be destroyed at the discretion of the State Public Health Veterinarian."
Sec. 14.  G.S. 130A-199 reads as rewritten:
"§ 130A-199. Rabid animals to be destroyed; heads to be sent to State Laboratory of Public Health.
An animal diagnosed as having rabies by a licensed veterinarian shall be destroyed and its head sent to the State Laboratory of Public Health. The heads of all dogs, cats, and raccoons that die during the 10-day confinement period required by G.S. 130A-196, shall be immediately sent to the State Laboratory of Public Health for rabies diagnosis."
Sec. 15.  This act is effective upon ratification.