§ 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.