23-36-01. Definitions.
605 words·~3 min read·
/nd/title-23/chapter-23-36-rabies-control/23-36-01·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in this chapter:
1. "Bite" means any penetration of the skin by an animal's teeth.
2. "Clinical signs of rabies" means physical signs or animal behavior that would lead a
reasonably prudent veterinarian to suspect an infection of rabies and the pursuit of a
rabies diagnosis is indicated.
3. "Confinement" means separation of an animal from humans, other than the owner,
caretaker, a member of the owner's family, or the caretaker's employees, and from
other animals, by means of a building, cage, fence, pen, or other secure enclosure that
restricts the animal's movement within definite boundaries and prevents the animal
from exiting the enclosure.
4. "Department" means the department of health and human services.
5. "Domestic animal" means any dog [canis familiaris], cat [felis domestica], horse, mule,
bovine animal, sheep, goat, bison, llama, alpaca, swine, or captive-bred ferret.
6. "Emergency" means a situation in which an immediate search and seizure of an
animal is necessary and authorized by section 8 of article I of the Constitution of North
Dakota and the fourth amendment to the Constitution of the United States because of
a risk of death or serious bodily injury to a human or another animal.
7. "Euthanasia" means the use of humane techniques to induce the most rapid, painless,
and distress-free death possible in an animal.
8. "Exposure to rabies" means any bite or scratch, and includes any nonbite contact with
an animal, animal tissue, or fluids which is defined as an exposure to rabies by the
federal advisory committee on immunization practices referred to in Public Law
No. 103-66 [107 Stat. 636, 642; 42 U.S.C. 1396s(e)].
9. "Impound" means quarantining an animal at a public pound or an animal facility of a
licensed veterinarian. 10. "Law enforcement officer" has the meaning of that term as set forth in section
12.1-01-04. 11. "Quarantine" means confinement in a fixed area that keeps an exposed animal secure
and segregated from all other animals and individuals so there is no reasonable
possibility of rabies being mechanically transmitted from the confined area. 12. "Vaccinated animal" means an animal that has been vaccinated in compliance with the
2016 compendium of animal rabies control issued by the national association of state
public health veterinarians. 13. "Suspect rabies exposure" means an animal bitten or otherwise exposed to a wild
carnivore, skunk, bat, or an animal, as determined by a veterinarian, which may have
been exhibiting signs of rabies, and a rabies exposure could not be ruled out through
laboratory testing. 14. "Wild animal" means any animal of the class mammalia which is not a domestic animal
and includes any hybrid of a domestic animal and a wild animal regardless of whether
the animal is:
a. Wildlife as defined in section 20.1-01-02; or
b. Held in private ownership.
23-36-02. Policy - Local authority. 1. The department shall establish a rabies control program that must place primary
emphasis on human exposure to rabies. 2. The department shall consider national peer-reviewed recommendations for the
control of rabies during the development of the department's rabies control program. 3. This chapter may not be construed to limit the authority of any local agency to control
or prevent rabies, and, upon request, the department may assist any local agency in
rabies control and prevention activities, but the fact that possible rabies exposure is
subject to a local ordinance does not limit the department's authority under this
chapter.
4. This chapter may not be construed to limit a law enforcement officer's ability to
immediately seize, humanely kill, and request the testing of an animal for rabies if
emergency circumstances exist that endanger human health or safety.