A. The governing body of any locality may adopt such ordinances, regulations or other measures as may be deemed reasonably necessary to prevent the spread within its boundaries of the disease of rabies. Penalties may be provided for the violation of any such ordinances. If the ordinance declares the existence of an emergency, then the ordinance shall be in force upon passage.
B. The governing body of any locality may adopt an ordinance creating a program for the distribution of oral rabies vaccine within its boundaries to prevent the spread of rabies. An ordinance enacted pursuant to this subsection on or after July 1, 2010, shall be developed in consultation with the Department of Health and with written authorization from the Department of Game and Inland Fisheries in accordance with § 29.1-508.1 and shall contain the following provisions:
1. Notice shall be given to the owner or occupant of property prior to the entry upon the property for the purpose of the distribution of oral rabies vaccine or the use of any other methods to place oral rabies vaccine on the property. Notice shall be given by: (i) sending two letters by first-class mail, at successive intervals of not less than two weeks set forth in the ordinance; and (ii) printing a copy thereof, at least once, in a newspaper of general circulation in the locality concerned. Written notice shall be in a form approved by the governing body and shall include a description of the purpose for which entry upon the property is to be made, the time and method of rabies vaccine distribution at the property, and the submission deadline for requests by any owner or occupant of property who wishes to be excluded from the oral rabies vaccine distribution program.
2. The owner or occupant of property may refuse to allow the distribution of oral rabies vaccine upon such property. The ordinance shall establish procedures to be followed by any owner or occupant who wishes to be excluded from the oral rabies vaccine distribution program, including the time and method by which requests for nonparticipation must be received. If the governing body receives a request for nonparticipation by the owner or occupant of property for the distribution of oral rabies vaccine, no further action shall be taken to distribute oral vaccine, on such property for a period of one year.
Nothing in this subsection shall be construed to limit any authority for the distribution of oral rabies vaccine otherwise provided by law.
Acts 2008, c. 860, eff. Oct. 1, 2008. Amended by Acts 2010, c. 834.
HISTORICAL AND STATUTORY NOTES
Acts 2010, c. 834 amended §§ 3.2-6521, 3.2-6522, 3.2-6525, 18.2-313.1, and 54.1-3812 and added § 3.2-6562.1 regarding rabies regulation and control. The second enactment of Acts 2010, c. 834 provided:
“That the Board of Health, in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia), shall adopt regulations to implement the provisions of this act. Such regulations shall include a model plan that may be used by localities to comply with the requirements of § 3.2-6562.1 of this act. The model plan shall provide alternatives that reflect variations in local circumstances across the Commonwealth.”
Acts 1984, c. 492, § 29-213.69; Acts 1987, c. 488; Acts 2001, c. 674; § 3.1-796.100.