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HomeMy WebLinkAboutPart 04 Animal Regulations Animals PART 4 ANIMALS CHAPTER 1 ANIMAL REGULATIONS ARTICLE A GENERAL PROVISIONS Section 4-101 Definitions Section 4-102 Animals Not to be at Large Section 4-103 Turning Animals at Large Unlawful Section 4-104 Swine Not to be Kept in the City Section 4-105 Livestock Which May be Kept Section 4-106 Keeping of Chickens Section 4-107 Number of Dogs and Cats Allowed Section 4-108 Adequate Shelter and Tethering Section 4-109 Sanitation and Animal Excrement Section 4-110 Registration of Rescue Organizations, Animal Welfare Groups, and Foster Homes Section 4-111 Reserved Section 4-112 Fees and Charges Section 4-113 Animal Control Officers Authorized to Inspect Section 4-114 Breeding Places Section 4-115 Reserved Section 4-116 Domestic Honeybees Section 4-117 Reptiles Section 4-118 Wild and Exotic Animals; Prohibition on Keeping Section 4-119 Reserved Section 4-120 Rabies Vaccination; Required Section 4-121 Registration of In-Tact Dogs and Cats Section 4-122 Prohibition of Dogs and Cats in Certain Areas Section 4-123 Repealed Section 4-124 Repealed Section 4-125 Repealed Section 4-130 Animal Shelter Established Section 4-131 Authority of Animal Control Officers Section 4-132 Animals to be Impounded Section 4-133 Owner Relinquishment of Dogs and Cats Section 4-134 Redemption of Animals Section 4-135 Abandonment of Cats and Dogs; Reporting of Found Animals Section 4-136 Refusal of Adoption Section 4-137 Repealed Section 4-138 Unlawful Entry; Interference with Officer Section 4-140 Cruelty to Animals Section 4-141 Diseased Animals Section 4-142 Repealed Page 4-1 Animals Section 4-143 Repealed Section 4-144 Selling of Animals and Fowl Section 4-145 Repealed Section 4-146 Repealed Section 4-147 Spay/Neuter Requirements Section 4-148 Repealed Section 4-149 Use of Traps Section 4-150 Repealed Section 4-151 Sterilization Agreement and Deposit; Prerequisite to Adoption Section 4-152 Repealed Section 4-153 Repealed Section 4-154 Repealed Section 4-155 Repealed Section 4-156 Repealed Section 4-157 Repealed Section 4-160 Registration of Commercial Kennels Section 4-161 Pet Stores Section 4-162 Repealed Section 4-170 Quarantine of Animals for Observation Section 4-171 Notification of Animals Suspected of Being Rabid Section 4-172 Repealed Section 4-173 Repealed Section 4-174 Repealed Section 4-181 Repealed Section 4-182 Possession of Stray Animals Section 4-183 Practitioners and Clinics to Report Animal Bites Section 4-184 Impoundment Due to Emergency ARTICLE B DANGEROUS DOGS, NUISANCE ANIMALS Section 4-190 Dangerous Dogs Prohibited Section 4-191 Confinement/Impoundment Section 4-192 Authority to Seize a Dangerous Dog Section 4-193 Hearing and Adjudication Section 4-194 Dangerous Dog Permit Required Section 4-195 Dangerous Dog, Muzzle and Restraint Section 4-196 Animal Bites Section 4-197 Nuisance Animals ARTICLE C PENALTY Section 4-200 (Editor’s Note: Ordinance 1230, 1/7/2025 complete rewrite of Part 4) Page 4-2 Animals ARTICLE A - GENERAL PROVISIONS SECTION 4-101 DEFINITIONS Adequate Shelter means a structure or area of structural soundness with three (3) sides, a waterproof roof, solid floor, adequate bedding material, positioned to allow for protection from north and west winds, proper ventilation, and which is suitable for the species, age, condition, size, and type of animal which is safe and protects each animal from injury, precipitation, direct sunlight, adverse effects of extreme heat or cold, enables the animal to be clean and dry, and is 6” longer than the animal, nose to tail, and 6” taller than the head of the animal while standing, allowing for retention of the animal’s body heat. Wildlife, livestock, and other non-domesticated animals normally residing outdoors shall only be required to have appropriate shelter from extreme weather through natural or artificial means available to it to protect the animal. Altered Animal means an animal that has been spayed or neutered. Neutered means a process performed by a veterinarian or other person authorized by law which removes the reproductive organs of any male animal. Spayed means a process performed by a veterinarian or other person authorized by law, which removes the reproductive organs of any female animal. Animal Control Officer means the person or persons employed by the City in the Police Department under the control and supervision of the Chief of Police as the officer or officers in charge with the duty of enforcing the provisions of this Part 4 and others relating to the control of animals, to include commissioned police officers. Animal Shelter means any premises officially designated and operated by the City, including the actual premises where animals are regularly kept, or places where the Chief of Police may designate for the purpose of keeping or impounding stray, neglected, abused or seized animals and provide adequate care. The Animal Shelter may also include facilities to provide for animal adoptions, education, citizen involvement, and spaying or neutering of animals. Animal Welfare Group means a 501(c)(3) non-profit organization which is registered and approved by the Police Chief of the City of Owasso as a designee and has a purpose to provide for the welfare and/or protection of animals. The registration may be revoked if any member has a record of cruelty to animals, is under eighteen (18) years of age, owns animals which are in violation of any requirements of this Part 4, refuses to comply with the adoption requirements of the City, has released two or more animals to the custody of the City, lacks adequate housing and/or fencing to contain the animals, or has a conviction in Municipal Court for violation of this Part 4. At Heel means an animal within a radius of ten (10) feet of the owner and obedient to the owner’s commands. At Large means an animal that is (1) off the premises of its owner and not securely and physically restrained by means of a harness, leash, or other device designed to restrain such animal; or (2) not confined on the premises of the owner or at heel on those premises. Page 4-3 Animals Commercial Kennel means any business or establishment, whether operated separately or in connection with another business or establishment that keeps, boards, sells, shows, and/or trains dogs and/or cats for profit, except for an Animal Hospital. Confined on the Premises means the condition in which an animal is secured and physically kept, restrained, restricted or contained on and within the premises of the owner by means of walls, fences, leashes or other devices designed to contain the animal at all times. Dangerous Dog means a dog whose behavior, temperament, size, or any combination thereof, when considered under the totality of the circumstances, including the nature of the surrounding area, constitutes a reasonable risk of injuring a human or animal or damaging personal or real property. That behavior includes, but is not limited to, a dog biting, or attacking, or attempting to attack a human or another animal. However, this definition shall not apply to any animal that has been subject to provocation or if the victim has been trespassing as set forth in the Code of Ordinances. Feral Cat means a cat that was either born in the wild or has reverted to a wild state due to abandonment or lack of domestication and has no owner. Any feral cat which has been captured and neutered or spayed and returned to the wild shall continue to be classified as a feral animal. Foster Home means any premises owned by an individual who works under the direction of an approved Animal Welfare Group registered with the City who will take in stray or unowned dogs and/or cats, or other animals, for the purpose of providing temporary care up to six (6) months for each animal. A temporary care extension may be requested and granted for up to an additional three (3) months for an animal if there is proof of a documented medical condition that requires the extended temporary housing or indefinitely for an elderly dog or cat if recommended by a veterinarian. Livestock means cattle, sheep, horses, goats, donkeys, mules, and other domestic animals ordinarily raised or used on a farm. Nuisance Animal means an animal that (1) Damages the property of anyone other than its owner; (2) Habitually prowls around, on, or over any premises not the property of its owner to the frequent annoyance of the owner or occupant of those premises: (3) Habitually overturns any garbage can or other container; (4) Chases or kills any domesticated animal or domesticated bird; (5) Annoys or disturbs any person by loud and frequent barking, howling, yelping, or causes noise in an excessive, continuous or untimely fashion/manner so as to interfere with the reasonable use and enjoyment of neighboring private premises; (6) Habitually or repeatedly chases, snaps at, or barks at pedestrians, joggers, bicycles, or vehicles; (7) Disturbs the rights of, threatens the safety of, or injures a member of the general public. Owner means any person, firm, or corporation owning or keeping an animal, the occupant of any premises on which an animal remains and provides food or water regularly for the animal or regular or ongoing non-emergency medical care for a period of seven (7) days or more or is identified by a City pet license or microchip registration. Page 4-4 Animals Rescue Organization means any facility operated by a 501(c)(3) non-profit Animal Welfare Group where dogs and/or cats, or other animals are kept and are provided temporary housing for an animal for up to one (1) year and up to an additional six (6) months if there is documented proof of a condition that requires the extended temporary housing and care for the purpose of placing them into a permanent home. Service Animal means a dog or miniature horse that has been individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The Americans with Disabilities Act (ADA) rules provide that other animals, whether wild or domestic, do not qualify as service animals. Dogs that are not trained to perform tasks that mitigate the effects of a disability, including dogs that are purely for emotional support, are not service animals. Unprovoked means an act of aggression towards an animal or human that occurs without apparent cause, reason, prompting or motivation. State Law Reference: Regulation of animals, city powers, 11 O.S. Section 22-115. (Ord. No. 436, 8/20/91; 532, 12/3/96; 996, 11/1/11) SECTION 4-102 ANIMALS NOT TO BE AT LARGE A. It shall be unlawful for any person to knowingly or unknowingly permit their dog to be at large anywhere within the City limits. Any dog so found may be impounded and/or the owner cited by the City. B. It shall be unlawful for any person to knowingly or unknowingly permit their cat to be at large unless the cat is altered and current on its vaccinations as required by this Part 4. C. It shall be unlawful for any person to knowingly or unknowingly permit their fowl or other animal to be at large anywhere within the City limits. (Ord. 436, 8/20/91; 996 11/1/11) SECTION 4-103 TURNING ANIMALS AT LARGE UNLAWFUL It shall be unlawful for any person to open any enclosure in which any animal is confined as required by ordinance so as to turn the animal at large, or in any manner to turn the animal at large. SECTION 4-104 SWINE NOT TO BE KEPT IN THE CITY It is unlawful for any person to keep swine, a hog, pig or boar within the City except in an enclosure awaiting immediate transportation. SECTION 4-105 LIVESTOCK WHICH MAY BE KEPT A. It is unlawful to keep or maintain livestock in the Owasso City limits except as provided in this section. B. Any livestock shall be kept, maintained, or stabled in a fenced enclosure which shall be no less than one and a half (1.5) acres in size. Livestock maintained and Page 4-5 Animals utilized for an educational purpose administered by an educational facility or institution that is accredited by the State of Oklahoma shall not be subject to the restrictions below establishing the number of livestock that may be maintained based upon the size of the fenced enclosure. C. One (1) livestock animal may be maintained for each one and a half (1.5) acres within the fenced enclosure. D. The owner or person in charge of livestock maintained in a fenced enclosure shall provide fences or barriers of such height and sufficient strength as may be necessary to prevent escape. All enclosed structures used for housing livestock shall be set back a minimum of fifty (50) feet from adjoining residentially or agriculturally zoned property. This provision shall not apply if a dwelling unit is constructed to encroach upon an existing livestock use, except that such livestock use may no longer expand toward the newly established dwelling. This provision is not applicable when livestock are maintained and utilized for an educational purpose administered by an educational facility or institution that is accredited by the State of Oklahoma. E. The owner or person in charge of premises where livestock is maintained shall maintain such premises in a sanitary condition not offensive or dangerous to the public and must clean or cause to be cleaned the premises each day and remove and dispose of all trash, refuse, rubbish and animal excrement each day an animal is kept penned or contained in or upon such premises. SECTION 4-106 KEEPING OF CHICKENS Chickens, which includes laying hens, may be kept in all residential areas so long as all of the following conditions are met: a. Chickens shall be maintained on land upon which the owner or occupant resides. b. No more than six (6) chickens or laying hens and ten (10) chicks are allowed per parcel. c. Roosters are not allowed. d. Chickens shall be kept within a designated chicken coop and chicken run unless supervised and contained within a fenced yard. e. The chicken coop and chicken run shall be located in the rear or backyard of a residential property. No part of a chicken coop or chicken run shall be located in the front yard. f. The chicken coop and chicken run shall be attached and shall be set back no less than ten feet (10’) from the side property line and no less than ten feet (10’) from the rear property line. The chicken coop and chicken run shall be set back no less than twenty-five feet (25’) from any dwelling unit other than the owners. Moveable chicken enclosures are permitted so long as they meet the setbacks indicated in this section. g. During daylight hours, chickens shall have access to a chicken run and a chicken coop. h. From dusk until dawn, chickens shall be kept within the chicken coop as protection from predators. i. Chicken coops and chicken runs shall be predatory resistant. Page 4-6 Animals j. The outside opening of any enclosures shall be screened to prevent the spread of disease by flies and vermin. k. Water shall be provided onsite and accessible to chickens at all times. l. Chicken enclosures shall be cleaned regularly to prevent an accumulation of food, fecal matter, or nesting material from creating a nuisance or condition due to odor, vermin, debris, or decay. m. Outdoor slaughter of chickens is prohibited. n. Electrical and heat sources for chicken structures shall comply with the City’s building codes. (Ord. 996 11/1/11) SECTION 4-107 NUMBER OF DOGS AND CATS ALLOWED It is unlawful for any person to harbor or keep more than three (3) dogs and three (3) cats. This limitation shall not be applicable to any litter of puppies or kittens for a period of ninety (90) days from birth if the puppies or kittens are born to any adult dog or cat permanently maintained on such premises. (Ord. No.532, 12/3/96) SECTION 4-108 ADEQUATE SHELTER AND TETHERING A. It shall be unlawful for the owner or person in charge of any dog or cat to fail to provide adequate shelter as the term is defined herein. B. It shall be unlawful for the owner of any dog to keep or maintain the animal on a tie-out, tether, picket, or similar device consisting of a rope, cable, or other type of tether without access to water and shelter. It shall be unlawful for the owner of any dog to keep or maintain the animal on a tie-out, tether, picket, or similar device in such a way as to subject the animal to entanglement that could cause the animal any injury or clear discomfort. (Ord No. 996 11/1/11) SECTION 4-109 SANITATION AND ANIMAL EXCREMENT A. All owners or persons having charge or control of any premises where the keeping of dogs or cats are permitted shall pick up and remove from the area within or upon which such dogs and cats are kept or maintained all animal excrement and shall thereupon place or cause same to be placed in an enclosed, fly-proof container. The owner shall further prevent any offensive, disagreeable or noxious smell, stench or odor to arise from such area within or upon which any dog or cats may be kept or maintained. Upon failure to comply with the provisions of this section, the keeping of dogs or cats and the area within which they are confined or restrained shall constitute a nuisance. B. It shall be unlawful for any person to allow an animal within their control to defecate on public or private property, other than that of the owner, unless such person shall immediately remove the excrement deposited by the animal in a sanitary method. (Ord No. 996 11/1/11) Page 4-7 Animals SECTION 4-110 REGISTRATION OF RESCUE ORGANIZATIONS, ANIMAL WELFARE GROUPS, AND FOSTER HOMES All rescue organizations, welfare groups, and foster homes shall apply for and receive a permit from the City prior to beginning operations. Applications shall be submitted in writing to the Owasso Animal Shelter. The Police Chief or a designee shall notify the applicant in writing of their acceptance or denial for a permit within thirty (30) days of the application. The total number of animals allowed by a rescue permit holder or foster home shall be no more than a maximum of four (4) dogs or six (6) cats. The total number of dogs and cats may not be combined. The Chief of Police or a designee may revoke the permit of a rescue organization, welfare group, or foster home for any reason and at any time to ensure proper care for the animals housed or to ensure the health and safety of Owasso citizens. (Ord. No. 436, 8/20/91; Ord. No. 532, 12/3/96; Ord. No. 858, 05/16/06; Ord. 996 11/1/11) SECTION 4-111 RESERVED SECTION 4-112 FEES AND CHARGES The City Council by motion or resolution shall determine the fees to be charged for the care, disposition, and impoundment of animals. Fees may include, but not be limited to impoundment, room and board, sterilization, special equipment or services, veterinary care, quarantine and impoundment of animals that injure humans or are suspected to have rabies, relinquishment, dead animal disposal, licensing, and others as deemed appropriate. Any person redeeming an impounded animal shall pay the required fees to the City. (Ord. 996 11/1/11) SECTION 4-113 ANIMAL CONTROL OFFICERS AUTHORIZED TO INSPECT The Animal Control Officers are specifically authorized, upon complaint of any person or their own initiative, shall inspect any structure or place where an animal is kept and may issue any such reasonable order as they may deem necessary to the owner of the animal to cause the animal to be kept as provided in this Part 4 or in a manner so as not to constitute a nuisance. SECTION 4-114 BREEDING PLACES It is unlawful for any person, firm or corporation, to establish, keep, or maintain within the corporate limits of the City any places, houses, yard, or pen, for the breeding of animals of any kind. SECTION 4-115 RESERVED SECTION 4-116 DOMESTIC HONEYBEES Domestic honeybees may be kept under the following circumstances: a. No more than two (2) hives shall be maintained for each ¼ acre or less of lot size on any lot; b. No hives shall be maintained within ten (10) feet of any lot line of the lot on which said hive is located; Page 4-8 Animals c. The hive owner shall establish and maintain a flyaway barrier at least five (5) feet in height consisting of a solid wall, fence, dense vegetation, or combination thereof, that extends ten (10) feet beyond the hive in each direction; d. A supply of clean water must be furnished within twenty (20) feet of each hive at all times between March 1 and October 31 of each year; e. Hive owner shall inspect each hive not less than four (4) times between March 1 and October 31 of each year. A written record, including the date of each such inspection, shall be maintained by the owner and shall be made available to the Chief of Police. The hive owner shall provide written notification to the City Clerk as to the existence of the hive. SECTION 4-117 REPTILES A. All reptiles held as pets shall be contained within secure habitats capable of preventing escape. B. It shall be unlawful for any person to knowingly and intentionally harbor, possess, or keep large reptiles, such as snakes, or lizards that are capable of exceeding forty (40) pounds at an adult age on any lot, or any venomous reptile on any premises or in any structure. Any species of reptile not indigenous to the State of Oklahoma shall not be released or abandoned by their owners and/or handlers in the City of Owasso. (Ord. No. 532, 12/3/96; Ord. 996 11/1/11) SECTION 4-118 PROHIBITION ON KEEPING WILD AND EXOTIC ANIMALS It shall be unlawful for any person to keep, harbor, maintain or have in his/her possession or under his/her control within the City, any venomous reptile or other wild animal, insect, or other exotic animal not generally recognized to be domesticated or which, because of size, vicious nature or any other characteristic. The provisions of this Section shall not apply to veterinarians harboring such animals for purposes or providing professional medical treatment; provided that, all animals kept pursuant to this exception shall be confined in quarters so constructed and maintained as to prevent escape. (Ord. No. 532, 12/3/96) SECTION 4-119 RESERVED SECTION 4-120 RABIES VACCINATIONS REQUIRED A. Every dog, cat, and ferret shall be vaccinated for rabies by four (4) months of age and at regular intervals thereafter. The owner of such animal shall have the animal vaccinated by a licensed veterinarian either annually with an annual vaccine, or once every three years with a three-year vaccine. The owner shall procure from the licensed veterinarian administering the vaccine, a certificate of vaccination giving a description of the animal, the date of vaccination, and whether it is a one (1) or three (3) year vaccine. Page 4-9 Animals B. No person shall own, harbor or keep in the City any dog, cat, or ferret which has not been vaccinated, unless a contraindication by a licensed veterinarian has been noted in accordance with such statute and Title 310 of the State of Oklahoma Administrative Code. Any person who owns, harbors or keeps in the City any dog, cat, or ferret which has not been vaccinated because a contraindication to the vaccine has been noted and documented by a licensed veterinarian shall keep such documentation readily available and shall promptly provide such documentation to Animal Control Officers or other City officials upon request. SECTION 4-121 REGISTRATION OF IN-TACT DOGS AND CATS The owner of every in-tact dog or cat shall annually register the in-tact dog or cat by giving the animal control officer the name and address of the owner, the name, breed, color and sex of the animal, as well as the date of vaccination and by whom vaccinated, and such other reasonable information as the animal control officer may request. Each permit issued shall be effective for a period of one (1) or three (3) years, at the option of the owner. It shall be issued upon payment of all required fees and verification of rabies vaccination sufficient to immunize for the entire permit period. Voluntarily licensing stations operated by a 501(c)(3) nonprofits or veterinarians may retain $4.00 of the pet licensing fees with the remainder of such fee amounts to be remitted to the City. Persons exempted from the provisions of this Section are those who have obtained a written certification from a licensed veterinarian that it is necessary to postpone or preclude an animal from being spayed or neutered. SECTION 4-122 PROHIBITION OF DOGS AND CATS IN CERTAIN AREAS Regulations pertaining to the prohibition and exceptions of live animals on the premises of a food establishment as set forth in the Oklahoma Administrative Code shall be enforceable as if set out in full. Persons exempted from the provisions of this Section are those who have Service Animals as defined herein. SECTION 4-123 REPEALED SECTION 4-124 REPEALED SECTION 4-125 REPEALED SECTION 4-130 ANIMAL SHELTER ESTABLISHED An animal shelter is hereby established under the jurisdiction of the police department. It shall be under the immediate control of the animal control officers or of such other person as may be officially designated. The person in charge of the shelter shall provide proper sustenance for all animals impounded and shall treat them in a humane manner. SECTION 4-131 AUTHORITY OF ANIMAL CONTROL OFFICERS A. Animal Control Officers: 1. May seize and impound any animal found at large in violation of any provision of ordinances of the City; Page 4-10 Animals 2. May enter upon the property, yard, enclosure, garage or shed, of the owner or other private premises to take such animal into custody, whether in the immediate presence of the owner or custodian or otherwise as provided; 3. May seize and impound any abandoned animal, any animal required to be licensed by this Part 4, any dangerous dog, any animal which is a nuisance and any animal suspected to be afflicted with rabies. B. Animal Control Officers are empowered and authorized to enforce all aspects of this Part 4. Further, they are authorized and empowered to issue citations to any person in violation of the Part 4. SECTION 4-132 ANIMALS TO BE IMPOUNDED A. Animals which are taken into custody as provided in this section, shall be subject to humane disposition by adoption, donation, euthanasia, transfer to an animal welfare group, an animal rescue group, or other animal welfare facility, or other reasonable disposition by an Animal Control Officer after three (3) days have elapsed after taking the animal into custody, not to include Sundays and City holidays, provided the animal is not redeemed or claimed as provided in this Part 4. A description of the animal, the location and date the animal was taken into custody, the deadline for the animal to be claimed, and date of availability for adoption shall be available in the Owasso Animal Shelter for viewing by all interested person. Impoundment kittens and puppies which enter the shelter in groups of three (3) or more and are under four (4) months of age without a known owner or mother may, at the discretion of the shelter staff, be exempted from any required hold times prior to their release. No live animals shall be released or sold to any facility for educational, scientific, and/or medical research. B. If the owner is identifiable by tag, microchip, City records, or other means, an Animal Control Officer shall notify the owner at the address on the registration, tag, microchip, City records or other means, that the animal is in custody and will be subject to disposition if not timely claimed as provided in this Section. C. Notice may be given to the owner or may be left at the owner’s address with any member of the family over fourteen (14) years of age. If no person can be contacted at the address, a certified letter will be sent to the address by the Owasso Animal Shelter. If no response is received from the owner within seven (7) days not to include Sundays and City holidays, from the date that contact is made at the owner’s address or the certified letter is mailed, the animal shall become the property of the City of Owasso and will be subject to disposition as provided in this Part 4. D. Any feral, sick or injured animal as would ordinarily require the animal’s humane euthanization or treatment by a veterinarian, the Police Chief or designee may order its humane euthanization if the ownership of such animal cannot be determined within a reasonable period of time. Provided that, no animal suspected of being rabid or otherwise diseased shall be humanely euthanized until authorized by the Police Chief or designee. Page 4-11 Animals E. Should it be determined that the owner of an impounded animal is experiencing a situation that prohibits him or her from reclaiming or arranging the release of the animal in a timely and reasonable manner, the Police Chief or designee may seek an order from a judge of competent jurisdiction for the release of the animal into the care and custody of the Animal Shelter or to a responsible party in order that the highest level of long-term care and safety of the animal may be provided for. F. Animals in the custody of the Animal Shelter or partnering organizations as part of a Trap Neuter Return (TNR) program or a return to field program may be returned to their original location in accordance with common program standards. Further, cats trapped from identified feral colonies and placed in the custody of the Animal Shelter who have no identifiable owner may, after necessary holding times, alterations, examinations, and vaccinations be returned to their original location at the direction of the Police Chief or designee. SECTION 4-133 OWNER RELINQUISHMENT OF DOGS AND CATS The Animal Shelter shall accept any dog or cat from within the City limits that the owner desires to release to the Shelter. The owner shall sign a release form vesting all rights and title to the dog or cat to the Animal Shelter. All dogs or cats relinquished will be screened for placement into the adoption program or for transfer to another animal welfare rescue, animal welfare group, or animal welfare facility. If the dog or cat is not acceptable for placement into the adoption program or determined not to be transferable for any reason, including, but not limited to disease, injury, or illness, available space in the Shelter, and temperament, then the dog or cat may be euthanized. SECTION 4-134 REDEMPTION OF ANIMALS An owner of an impounded animal may redeem the animal prior to its disposition as provided for herein by paying the required fees, providing satisfactory proof of ownership, and meeting any other requirements which may be prescribed in this Part 4. An animal confined for rabies observation or other infectious disease may not be reclaimed until the animal control officer authorizes the release or until the observation period is over. SECTION 4-135 ABANDONMENT OF CATS AND DOGS; REPORTING OF FOUND ANIMALS A. No person shall abandon or desert their dog or cat or permit such animal to become a stray. Any dog or cat found at large not wearing any tag indicating proof of current vaccination against rabies, having a microchip, or that the owner is a City resident, shall be presumed abandoned, and will be impounded by the City. B. Any person who takes possession of, keeps or harbors an animal that reasonably appears to be at large or stray shall make notification to the Animal Shelter within twenty-four (24) hours. Such notification shall include a complete and accurate description of the animal, when and where it was located, where it is being housed, and contact information for the reporting person. The person reporting the animal shall additionally ensure that the animal is scanned for a microchip or inspected for identifying markings by an animal shelter, medical provider, or rescue group. Page 4-12 Animals SECTION 4-136 REFUSAL OF ADOPTION Adoption or sale may be refused to anyone the Police Chief determines meets one (1) or more of the following: (1) Has a record of cruelty to animals; (2) Is under eighteen (18) years of age; (3) Has committed acts of harassment to animals; (4) Owns other animals which are in violation of any requirement of this Part 4; (5) Refuses to comply with adoption requirements; (6) Has released two (2) or more animals to the Animal Shelter in the preceding twelve (12) months; (7) Lacks adequate housing and/or fencing to contain the animal(s); or (8) Has a conviction in Municipal Court for any violation of this Part 4. SECTION 4-137 REPEALED SECTION 4-138 UNLAWFUL ENTRY; INTERFERENCE WITH AN OFFICER No unauthorized person shall: a. Break or attempt to break open the shelter or take or let any animal therefrom; b. Take or attempt to take from any officer or employee of the City any animal taken into custody as provided by this chapter; or c. In any manner interfere with or hinder an officer or employee in the discharge of his duties relating to the taking into custody and impounding of animals as provided in this chapter. SECTION 4-140 CRUELTY TO ANIMALS A. No person shall willfully or maliciously: (1) torture, cruelly beat, injure, maim, mutilate, or unjustly destroy or kill any animal; (2) Deprive any animal in subjugation or captivity of food generally accepted as being nutritious, potable drinking water, or adequate shelter; (3) Unjustly administer any poison or noxious drug or substance to any animal; (4) Unjustly expose any drug or substance with the intent that the same shall be taken by an animal, whether such animal be the property of that owner or another person. B. It shall be unlawful for any person to leave any animal in any standing or parked vehicle, box, container or other situation without providing for adequate ventilation nor shall a person allow an animal to be exposed to extreme temperature while contained in a vehicle, box, container, or other situation which would likely cause distress, harm or death to the animal. C. It shall be unlawful for any person to intentionally torment, harass, throw objects at, verbally or physically confront any animal, whether confined or unconfined, in a manner to cause unjustified agitation or injury to the animal. D. It shall be unlawful for any person to cause an animal to be overloaded or forced to work in a manner unsuitable to its species, breed, condition, or health so as to cause injury to the animal. E. It shall be unlawful for any person to fail to provide or to deprive any animal in their possession, care or control, reasonable medical or necessary veterinary care if the animal is sick, diseased, and/or injured. Page 4-13 Animals F. It shall be unlawful to participate in, assist with, sell transport, or otherwise allow any animal to be provided to another person as a promotional item, prize to be given away at any event, festival, carnival, or parade. G. Animal Control Officers or Police Officers are hereby authorized to remove, impound or take possession of any animal which has been treated in violation of this Section. SECTION 4-141 DISEASED ANIMALS It is unlawful for any person knowingly to bring into the City, other than for the purpose of seeking veterinary care located in Owasso, any animal having any contagious disease, or allow such animal to run at large within the City or to sell such animal. SECTION 4-142 REPEALED SECTION 4-143 REPEALED SECTION 4-144 SELLING OF ANIMALS It shall be unlawful for any person to offer any animal for sale or to trade, exchange, barter or give away or to accept any animal on any property not owned or rented by the seller or buyer or on any public curbside, roadside, alleyway, street, park or parking lot unless specifically permitted by the City. Animal Welfare Groups registered with and approved by the City are exempt from the provisions of this Section when conducting adoption events on property not owned by the group with authorization from the property owner. SECTION 4-145 REPEALED SECTION 4-146 REPEALED SECTION 4-147 SPAY/NEUTER REQUIREMENTS A. Every person owning, possessing, harboring or keeping within the City any dog or cat over the age of six (6) months shall cause the animal to be surgically spayed or neutered, unless a licensed veterinarian has certified, in writing, that it is necessary to postpone or preclude an animal from being spayed or neutered. If a licensed veterinarian has so certified, any person who owns, possesses, harbors or keeps a dog or cat over the age of six (6) months within the City shall keep such documentation readily available and shall promptly provide it to Animal Control Officers or other City officials upon request. B. A rebuttable presumption that a dog or cat has not been spayed or neutered is established in the event the owner of a dog or cat over the age of six (6) months is unable to produce documentation of spay or neuter. In such event, an animal control officer shall issue a citation to the owner requiring that the dog or cat be spayed or neutered within thirty (30) days. Failure to do so will result in issuance of additional citations. Persons excepted from this Section are those who obtain an In- Tact Permit for the dog or cat from the City as provided herein. Page 4-14 Animals C. No dog or cat may be released for adoption from the City Animal Shelter unless said animal has been surgically spayed or neutered. D. Animals exempt from this Section are those in which a licensed veterinarian designated by the City of Owasso has determined that the animal is at risk of death or other serious medical condition if spay or neuter surgery is performed or are too young to be spayed or neutered and arrangements are made for the animal to be spayed or neutered within a set period of time. SECTION 4-148 REPEALED SECTION 4-149 USE OF TRAPS It shall be unlawful for any person to use or set a trap capable of trapping animals, live or otherwise, unless such trap is checked no less than once every twenty-four (24) hours and is used in a humane manner. A trapped animal shall be released within a reasonable length of time after it is trapped. Animals may be removed from traps by the Animal Control Officer in accordance with the provisions of this Part 4. Persons violating this section may be fined subject to the penalty provisions contained in this Part 4. SECTION 4-150 REPEALED SECTION 4-151 REPEALED SECTION 4-152 REPEALED SECTION 4-153 REPEALED SECTION 4-154 REPEALED SECTION 4-155 REPEALED SECTION 4-156 REPEALED SECTION 4-157 REPEALED SECTION 4-160 REGISTRATION OF COMMERCIAL KENNELS A. It is unlawful for any person to operate a Commercial Kennel within the city unless such proprietor shall first obtain a license. All licenses shall be issued on an annual basis and are subject to proper zoning and payment of a fee set by the City Council. B. All animals in the Commercial Kennel shall be at all times confined on the premises. The Commercial Kennel shall be maintained at all times in a clean and sanitary condition and shall be subject to inspection by the Animal Control Officer or other proper official of the City. SECTION 4-161 REPEALED Page 4-15 Animals SECTION 4-162 REPEALED SECTION 4-170 QUARANTINE OF ANIMALS FOR OBSERVATION A. When any animal capable of carrying or transmitting rabies or other disease bites or otherwise injures a person or is suspected of having rabies, such animal shall be quarantined as directed in the Oklahoma State Department of Health, Zoonotic Disease Control Rules pursuant to the authority contained in the Oklahoma State Statutes. At the discretion of the Animal Control Officer, animals may be quarantined on the premises of the owner or at a veterinary hospital of the owner’s choice at the owner’s expense. B. K-9 animals belonging to or used by a law enforcement agency are exempt from the requirements within this chapter, including quarantine procedures, during such time as the animal is under the direction of a K-9 handler or routine veterinary care. C. It shall be unlawful to refuse to confine an animal that has bitten a person or other animal. Each day that a violation or failure to comply exists shall constitute a separate offense. SECTION 4-171 NOTIFICATION OF ANIMALS SUSPECTED OF BEING RABID When an animal under quarantine has been diagnosed as being rabid or is suspected of having rabies by a licensed veterinarian and dies while under such observation, the veterinarian shall immediately notify the Oklahoma State Department of Health Acute Disease Service Epidemiologist. SECTION 4-172 REPEALED SECTION 4-173 REPEALED SECTION 4-174 REPEALED SECTION 4-181 REPEALED SECTION 4-182 POSSESSION OF STRAY ANIMALS No person shall, without knowledge and consent of the owner, possess for more than twenty-four (24) hours, any animal that that person does not own without first reporting first reporting such possession to the Animal Control Officer, giving his or her name, address, and telephone number, a true and correct description of the animal and the circumstances under which the animal came into his or her possession. Persons bringing stray animals to be surrendered to the City Animal Shelter must provide proof of residency within the City limits of Owasso. SECTION 4-183 PRACTITIONERS AND CLINICS TO REPORT ANIMAL BITES A. It shall be the duty of every attending practitioner, licensed to practice medicine, osteopathic medicine or veterinary medicine, and of any other person knowing of or in attendance on a case involving an animal bite to report that bite to the animal Page 4-16 Animals control officer, police department, or the county health department within four (4) hours of his or her first knowledge or attendance. B. It shall be the duty of every clinic or hospital which has knowledge of a case involving an animal bite to report that case to the animal control officer, police department, or county health department within four (4) hours of its first knowledge thereof. SECTION 4-184 IMPOUNDMENT DUE TO EMERGENCY A. If an animal is impounded as a result of a fire, medical emergency, hospitalization, custody arrest or other situation rendering the owner or person in possession of the animal temporarily incapable of caring for the animal, the animal may be impounded by a Police Officer or Animal Control Officer and impounded of the City Animal Shelter. B. If possible, the City will notify the owner or person in possession of the animal’s location and the conditions under which the animals may be released. The animal will be held for a period of five (5) days excluding weekends and City holidays. If the animal has not been claimed by the owner, person possessing the animal or a designee of the owner or possessor within five (5) days excluding weekends and City holidays, the animal will become the property of the City of Owasso and may be placed for adoption, transferred to an animal rescue organization or humanely euthanized. Owners or other persons possessing animals under these circumstances set forth above shall not be subject to impound or daily care fees for the animal. Page 4-17 Animals ARTICLE B - DANGEROUS DOGS; NUISANCE ANIMALS SECTION 4-190 DANGEROUS DOGS PROHIBITED It shall be unlawful for any person to own, harbor, possess or keep within the City limits any dangerous dog as defined by this Part 4, the Oklahoma State Statutes, or another governmental entity has determined to be dangerous. Persons excepted from this Section are those who obtain a permit as provided by in Section 4-194. SECTION 4-191 CONFINEMENT/IMPOUNDMENT A dog that is impounded at the time of an incident or after an investigation that resulted in the owner being charged with harboring or possessing a dangerous dog shall be confined pending disposition of the charges. Such confinement shall be at the owner’s expense in a licensed veterinary clinic or confined at the home of the owner or some other responsible person in the discretion of the Police Chief or designee. SECTION 4-192 AUTHORITY TO SEIZE A DANGEROUS DOG In addition to any other authority or procedure authorized by this Part 4 or by any other law, the Animal Control Officer, Police Chief, or designee shall have the authority to immediately seize any dog when there is cause to believe that it is dangerous or poses a serious threat to public safety under the totality of the circumstances. It shall be unlawful for any person owning, keeping, possessing or otherwise maintaining a dog declared to be dangerous to refuse to immediately surrender the animal to an Animal Control Officer, the Police Chief or designee. SECTION 4-193 HEARING AND ADJUDICATION A. If, after a citation is issued alleging an animal is a dangerous dog as set forth in this Part 4, the owner does not appear at the hearing, the dog shall be deemed abandoned and subject to disposition in the discretion of the Police Chief or Designee. B. The Municipal Court Judge, upon presentation of all evidence at the hearing and upon a finding that the animal is a dangerous, may: (1) Allow the dog to remain within the City limits under restrictions as may be ordered; (2) Order the removal of the dog from the City limits; or (3) Order the humane euthanization of the dog. C. Upon a second conviction for possession of a dangerous dog without a permit or for a second conviction for violating any of the provisions contained in Article B of Part 4 of the Code of Ordinances, the Municipal Court Judge may order humane euthanization of the dog. SECTION 4-194 DANGEROUS DOG PERMIT REQUIRED It is unlawful for an owner to have a dangerous dog without certificate of registration issued under this section. This section shall not apply to dogs used by law enforcement officials for police work. The Animal Control Officer shall issue a certificate of registration to the owner of a dangerous dog if the owner presents to the City sufficient evidence of the following: a. A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. A Page 4-18 Animals proper enclosure means the secure confinement within an occupied house or residence, in a securely enclosed and locked pen or kennel, structures that have secure sides and a top or, in lieu of a top, walls at least eight (8) feet in height and at least eight (8) feet taller than any internal structure; and b. A policy of liability insurance, such as homeowner's insurance, or surety bond, issued by an insurer qualified the Oklahoma Statutes in the amount of not less than One Hundred Thousand Dollars ($100,000.00) insuring the owner for any personal injuries inflicted by the dangerous dog. SECTION 4-195 DANGEROUS DOG, MUZZLE AND RESTRAINT A. It is unlawful for an owner of a dangerous dog to permit the dog to be outside a proper enclosure, unless the dog is muzzled and restrained by a substantial chain or leash and remains under the physical restraint of a responsible person over sixteen (16) years of age. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any person or animal. B. Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime. SECTION 4-196 ANIMAL BITES A. It shall be unlawful for the owner, harborer, possessor, or keeper of an animal to negligently allow or maintain any animal where it could bite a human unless the animal has been subjected to provocation, or unless the victim has been trespassing. B. It shall be unlawful for the owner, harborer, possessor, or keeper of an animal to negligently allow or maintain any animal where it could bite, attack or kill another animal unless the animal has been subjected to provocation or attack by another animal. SECTION 4-197 NUISANCE ANIMALS It is unlawful for any person to own, keep, possess, or harbor within the City any animal that is a nuisance as defined herein. Page 4-19 Animals ARTICLE C – PENALTY SECTION 4-200 PENALTY A. Except as provided in subsection B of this section, any person, firm or corporation who violates any ordinance or provision of this Part 4 or who violates or refuses or neglects to carry out any reasonable order made by the Chief of Police or designee pursuant to this chapter, shall, upon conviction thereof, be fined in an amount not to exceed $500.00, plus fees and costs. B. Any person, firm or corporation who violates Sections 4-138, 4-140, 4-170, 4-190, 4-191, 4-194, 4-195, and 4-196 of this Part 4, shall, upon conviction thereof, be fined in an amount not to exceed $750.00, plus fees and costs, or imprisoned for a term not to exceed sixty (60) days. C. The penalties provided for herein shall be in addition to other remedies of the City and aggrieved persons and shall not be construed as exclusive. Page 4-20