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HomeMy WebLinkAboutPart 04 Animal RegulationsSection 4 -101 Section 4 -102 Section 4 -103 Section 4 -104 Section 4 -105 Section 4 -106 Section 4 -107 Section 4 -108 Section 4 -109 Section 4 -1 10 Section 4 -1 1 1 Section 4 -1 12 Section 4 -1 13 Section 4 -1 14 Section 4-115 Section 4-116 Section 4-117 Section 4 -1 18 Section 4-119 Section 4 -120 Section 4 -121 Section 4 -122 Section 4 -123 Section 4 -124 Section 4 -125 Section 4 -130 Section 4 -131 Section 4 -132 Section 4 -133 Section 4 -134 Animals PART 4 ANIMALS CHAPTER 1 ANIMAL REGULATIONS ARTICLE A GENERAL PROVISIONS Definitions Animals Not to be at Large Turning Animals at Large Unlawful Pasturing in Public Areas Illegal Swine Not to be Kept within City Animals or Livestock Which May be Kept; Conditions Animals Which Disturb Prohibited, Nuisance, Procedure Repealed Repealed Keeping Dogs and Cats within City Limits; Sanitation Stables to be Kept Clean Repealed Animal Control Officer to Inspect Breeding Places Sick and Dead Animals; Disposal Certain Acts are Prohibited Repealed Wild and Exotic Animals; Prohibition on Keeping Animal Excrement ARTICLE B RABIES VACCINATION, REGISTRATION, TAGS AND FEES Rabies Vaccination; Required Registration; Required Vicious Dogs, Determination, May be Killed Dogs and Cats Confined; When. Tag to be Attached to Collar or Harness Non - Resident; Failure to Comply ARTICLE C IMPOUNDMENT Animal Shelter Established Authority of Officers Animals to be Impounded Fees for Impounding Redemption of Animals Page 4 -1 Section 4 -135 Section 4 -136 Section 4 -137 Section 4 -138 Section 4 -140 Section 4 -141 Section 4 -142 Section 4 -143 Section 4 -144 Section 4 -145 Section 4 -146 Section 4 -147 Section 4 -148 Section 4 -149 Section 4 -160 Section 4 -161 Section 4 -162 Section 4 -170 Section 4 -171 Section 4 -172 Section 4 -173 Section 4 -174 Animals Sale of Impounded Animals - Repealed Records; Funds Owner May Claim Excess Money - Repealed Unlawful Entry; Interference with Officer ARTICLE D MISCELLANEOUS PROVISIONS Cruelty to Animals Diseased Animals Sale of Diseased Animal Killing of Animals Selling of Animals and Fowl Encouraging Animals to Fight Parents Liability Spay /Neuter Requirements Hunting Not Permitted Use of Traps ARTICLE E DOG AND CAT STERILIZATION Section 4 -150 Repealed Section 4 -151 Sterilization Agreement and Deposit; Prerequisite to Adoption Section 4 -152 Repealed Section 4 -153 Repealed Section 4 -154 Repealed Section 4 -155 Repealed Section 4 -156 Sterilization Not Required for Certain Dogs and Cats Section 4 -157 Failure to Comply Constitutes Nuisance; Remedies; Penalties ARTICLE F KENNELS: ZONING ORDINANCE TO PREVAIL Kennel Proprietors Pet Stores Zoning Ordinance to Prevail ARTICLE G PROCLAMATION OF RABIES Quarantine of Animals for Observation Securing Support Information on Diagnosed Animals Rabies Crisis Declaration Destruction of Animals under Crisis Period Surrender of Animals under Suspect Page 4 -2 Section 4 -181 Section 4 -182 Section 4 -183 Section 4 -184 Section 4 -190 Penalty Animals ARTICLE H DUTY TO REPORT Injury or Death of Animals; Hit by Vehicles Possession of Stray Animals Practitioners and Clinics to Report Animal Bites Impoundment Due to Emergency ARTICLE I PENALTIES Page 4 -3 Section 4 -101 Section 4 -102 Section 4 -103 Section 4 -104 Section 4 -105 Section 4 -106 Section 4 -107 Section 4 -108 Section 4 -109 Section 4 -1 10 Section 4 -1 1 1 Section 4 -1 12 Section 4 -1 13 Section 4 -1 14 Section 4-115 Section 4-116 Section 4-117 Section 4 -1 18 Section 4-119 Section 4 -120 Section 4 -121 Section 4 -122 Section 4 -123 Section 4 -124 Section 4 -125 Section 4 -130 Section 4 -131 Section 4 -132 Section 4 -133 Section 4 -134 Section 4 -135 Section 4 -136 Section 4 -137 Animals CHAPTER 1 ANIMAL REGULATIONS ARTICLE A GENERAL PROVISIONS Definitions Animals Not to be at Large Turning Animals at Large Unlawful Pasturing in Public Areas Illegal Swine Not to be Kept within City Animals or Livestock Which May be Kept; Conditions Animals Which Disturb Prohibited, Nuisance, Procedure Repealed Repealed Keeping Dogs and Cats within City Limits; Sanitation Stables to be Kept Clean Repealed Animal Control Officer to Inspect Breeding Places Sick and Dead Animals; Disposal Certain Acts are Prohibited Repealed Wild and Exotic Animals; Prohibition on Keeping Animal Excrement ARTICLE B RABIES VACCINATION, REGISTRATION, TAGS AND FEES Rabies Vaccination; Required Registration; Required Vicious Dogs, Determination, May be Killed Dogs and Cats Confined; When Tag to be Attached to Collar or Harness Non - Resident; Failure to Comply ARTICLE C IMPOUNDMENT Animal Shelter Established Authority of Officers Animals to be Impounded Fees for Impounding Redemption of Animals Sale of Impounded Animals - Repealed Records; Funds Owner May Claim Excess Money - Repealed Page 4 -4 Section 4 -140 Section 4 -141 Section 4 -142 Section 4 -143 Section 4 -144 Section 4 -145 Section 4 -146 Section 4 -147 Section 4 -148 Section 4 -149 Section 4 -160 Section 4 -161 Section 4 -162 Section 4 -170 Section 4 -171 Section 4 -172 Section 4 -173 Section 4 -174 Section 4 -181 Section 4 -182 Animals Section 4 -138 Unlawful Entry; Interference with Officer ARTICLE D MISCELLANEOUS PROVISIONS Cruelty to Animals Diseased Animal Sale of Diseased Animals Killing of Animal Selling of Animals and Fowl Encouraging Animals to Fight Parents Liability Spay /Neuter Requirements Hunting Not Permitted Use of Traps ARTICLE E DOG AND CAT STERILIZATION 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 Sterilization Not Required for Certain Dogs and Cats Section 4 -157 Failure to Comply Constitutes Nuisance; Remedies; Penalties ARTICLE F KENNELS: ZONING ORDINANCE TO PREVAIL Kennel Proprietor Pet Stores Zoning Ordinance to Prevail ARTICLE G PROCLAMATION OF RABIES Quarantine of Animals for observation Securing Support Information on Diagnosed Animals Rabies Crisis Declaration Destruction of Animals under Crisis Period Surrender of Animals under Suspect ARTICLE H DUTY TO REPORT Injury or Death of Animals; Hit by Vehicles Possession of Stray Animals Page 4 -5 Section 4 -183 Section 4 -184 Section 4 -190 Penalty Animals Practitioners and Clinics to Report Animal Bites Impoundment Due to Emergency ARTICLE I PENALTIES Page 4 -6 SECTION 4 -101 DEFINITIONS Animals ARTICLE A GENERAL PROVISIONS The following words and phrases when used in this chapter shall have the meanings prescribed in this section except in those cases where the context clearly indicates a different meaning: 1. "Acceptable Collar." Any commercial or homemade collar or harness capable of allowing a tag and /or leash to be affixed which does not cause injury to the animal; 2. "Altered Animal." Any animal, male or female, which has been surgically altered to prevent the animal from being impregnated by, or impregnating, another animal. 3. "Animal." All vertebrate and invertebrate animals: Definitions for classification: a. "Exotic Wildlife." Exotic wildlife means any and all species of wildlife that are indigenous to, occur naturally, or are characteristic of another country other than the United States, its territories, commonwealths or possessions; b. "Native Wildlife." Native wildlife means any and all species of wildlife that are indigenous to or occur naturally within the possession of the United States, or any other territory, commonwealth, or possession of the United States; c. "Domesticated Animals." Domesticated animals means any animal kept for pleasure or for utility, that has been adapted to life in association with and to the use by human beings, and shall not include animals which normally can be found in the wild state, unless specifically so designated by the Oklahoma Wildlife Conservation Commission; 4. "Animal Control Officer." 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 in charge with the duty of enforcing the provisions of this chapter and others relating to the control of animals, to include commissioned police officers; 5. "Animal Shelter." Any premises officially designated by the City for the purpose of impounding and caring for all animals found at large or otherwise in violation of this chapter; 6. "At Large." Any animal shall be deemed at large when it is not under restraint; Page 4 -7 Animals 7. "Confined on the Premises." 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, or enclosure, such enclosure being adequate to contain the animal at all times; 8. "Educational Purpose." Any educational activity related to the research and study of Equine or Bovine husbandry which is performed or administered by an educational facility or institution that is accredited by the State of Oklahoma. 9. "Enclosed Structure." A structure adequately constructed for purposes of stabling, maintaining or feeding livestock within a fenced enclosure. 10. "Enclosure." A structure suitable to confine an animal other than livestock. The structure shall be securely constructed and shall have secure sides, and shall be kept locked at all times. The design and construction shall be adequate and sufficient to prevent the animal from escaping (see female in season); 11. "Fenced Enclosure." An area no less than one and one - half (1.5) acre in size that is completely enclosed by a fence of sufficient height and strength to prevent the escape of livestock. 12. "Immunization." Vaccination or inoculation administered by a veterinarian or other competent person authorized by law which reduces the likelihood of the animal contracting rabies or other infectious disease. 13. "Kennel proprietor." A person who keeps or harbors for profit more than two (2) dogs and three (3) cats over the age of ninety (90) days old. Such a person is classified as commercial in nature; 14. "Neuter." A process rendering a male dog or cat unable to reproduce. 15. New Owner." A person who is eighteen years of age or older and legally competent who has entered into a contract acquiring a dog or cat from the City Animal Shelter. 16. "Owner." Any person, firm or corporation owning, harboring or keeping an animal, except a kennel proprietor. The occupant of any premises on which a domesticated or tamed animal remains, or to which it customarily returns, for a period of four (4) days or more, shall be deemed to be harboring or keeping the animal; 17. "Pet Shop." A commercial establishment selling dogs, cats, hamsters, birds, turtles and other similar small animals commonly owned as domesticated household pets. 18. "Provoked Bite." Any bite other than one defined by this section as a bite "without provocation." 19. "Restraint." An animal shall be deemed under restraint when: Page 4 -8 Animals a. It is humanely controlled by a leash held by a competent person; or b. It is securely tethered in a humane manner within the property limits of its owner or keeper; or c. The animal is confined on the premises of its owner; or d. Under verbal control on private property. In all cases, restraints shall be sufficient to prevent the animal from biting, attacking or having physical contact with any person, or with unattended children. 20. "Senior Citizen." Any person fifty -five (55) years of age or older. 21. "Spayed." A process of removal of the ovaries of a female dog or cat by a veterinarian or other person authorized by law such that the animal is unable to reproduce. 22. "Sterilize." To spay or neuter a dog or cat. 23. "Tethered." A rope or chain fastened to an acceptable collar, to an animal, so as to keep it within certain bounds. 24. "Unaltered Animal." An animal which has not been spayed or neutered. 25. "Under Leash." An animal which is securely held, restrained and confined by his owner, member of family or agent, by means of a chain, leash or rope, not exceeding eight (8) feet in length, and in such manner as to prevent the animal from attacking any person; 26. "Unprovoked Bite." Any bite deemed "without provocation" as that term is defined in this section. 27. "Vaccinated." An inoculation administered by a veterinarian or other person authorized by law which reduces the likelihood of the animal contracting rabies. 28. "Vicious Animal." An animal which has bitten, or attempted to bite, assault or inflicts injury or otherwise attacks a human being or domestic animal without provocation, or which attacks, or acts as if it intended to attack or bite, or bites a person or persons, when not unduly provoked on public or private property. It also means an animal with a disposition to attack all other persons or animals or a natural fierceness or mischief which may lead it to attack other persons or animals without provocation; or any dog or other animal owned or harbored primarily or in part for the purpose of animal fighting; or any dog or other animal trained for fighting; 29. "Without Provocation." An animal that was not teased, tormented, or abused prior to the biting, attacking or injuring any person; includes any animal protecting its owner or the owner's property from criminal activity by a perpetrator of a crime or other threat. Page 4 -9 Animals State Law Reference: Regulation of animals, city powers, 11 O.S. Section 22-115. (Ord. No. 436, 8/20/91; Ord. No.532, 12/3/96; Ord. 996, 1 1 /1 /11) SECTION 4 -102 ANIMALS NOT TO BE AT LARGE No owner shall permit any animal, including fowl, except any cat, owned, harbored, or kept by him, to be at large within the city. It is unlawful for any animal, except a cat, to be at large at any time within the city. (Ord. No. 436, 8/20/91; Ord. 996 1 1 /1 /1 1) SECTION 4 -103 TURNING ANIMALS AT LARGE UNLAWFUL It is 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 PASTURING IN PUBLIC AREAS ILLEGAL It is unlawful for any person to stake, confine or pasture any animal on any public school ground or other public property, federal, state, city or other, on any railroad right -of -way, or on any property without the consent of the person owning or controlling such property. SECTION 4 -105 SWINE NOT TO BE KEPT WITHIN CITY It is unlawful for any person to keep swine, hog, pig or boar within the city except in an enclosure awaiting immediate transportation. SECTION 4 -106 ANIMALS OR LIVESTOCK WHICH MAY BE KEPT; CONDITIONS A. It is unlawful to keep or maintain any cow, bull, animal of the bovine species, horse or animal of the Equidae family in the Owasso city limits except as provided in this section. B. Any livestock maintained in any zoning district shall be kept, maintained or stabled in a fenced enclosure which shall be no less than one and one -half (1.5) acre in size except as provided below. Livestock maintained and utilized for an educational purpose, as that term is defined by this chapter, 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. 1. The number of livestock allowed to be maintained in a fenced enclosure shall be determined by the size of the fenced enclosure. One livestock animal may be maintained for each 1.5 acres within the fenced enclosure. 2. The owner or person in charge of livestock maintained in a fenced enclosure as set forth above shall provide fences or barriers of such height and Page 4 -10 Animals sufficient strength as may be necessary to prevent the escape of such animal from such pen, corral or enclosure; 3. All enclosed structures used for housing of any animal(s), feed or related animal implements 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, as that term is defined by this chapter. 4. The owner or person in charge of premises where livestock is maintained in a fenced enclosure must 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. (Ord. 996 11 /1 /11) SECTION 4 -107 ANIMALS WHICH DISTURB PROHIBITED, NUISANCE, PROCEDURE A. It is unlawful for any person to keep or harbor within the city any dog or other animal which, by barking, howling or otherwise, disturbs the peace and quiet of any person or neighborhood. B. Any animal which: 1. Scratches, or digs, into any flower bed, garden, tilled soil, vines, shrubbery or small plants, and in so doing injures the same; 2. Habitually prowls around or over any premises not the property of its owner, to the annoyance of the owner or occupant of such premises; 3. Overturns any garbage can or other vessel for waste products, or scatters the contents of same; 4. Chases or kills any chicken or other domestic fowl; or 5. Runs at large; except any cat; is hereby declared to be a nuisance. In addition to definitions used in any other ordinance of the city declaring when a animal is to be declared a nuisance, any animal which barks, howls, wails, or emits or utters sounds or noises, which cause serious annoyance and disturbs the peace or quietude of any person or persons within the vicinity of the place where same is being kept or to the neighborhood, is a nuisance. C. It is the duty of the animal control officer, or person designated by him, on being notified that any person claiming that an animal is a nuisance within the meaning of this chapter has filed a verified complaint, alleging that such animal is a nuisance, as herein defined, to seize and impound the animal therein described. If the Page 4 -11 Animals municipal judge shall find that no nuisance exists, he shall order that the animal be surrendered to the owner. If the municipal judge shall find that the nuisance exists, he shall order the animal to be destroyed as in the case of a vicious animal. If the owner of such animal shall give a good and sufficient bond, to be approved by the city treasurer, and conditioned that such owner shall abate and prevent such nuisance, the municipal judge shall order the return of such animal to the owner thereof upon payment of the shelter fees herein specified. Nothing in this section shall be construed to permit any animal to run or be at large except as permitted under the city ordinances. No such animal shall be returned to the owner if the same is a vicious animal or in any event unless the same is registered and licensed as required by the chapter. (Ord. No.532, 12 -3 -96) SECTION 4 -108 REPEALED (Ord No. 996 1 1 /1 /1 1) SECTION 4 -109 REPEALED (Ord No. 996 1 1 /1 /1 1) SECTION 4-110 KEEPING DOGS AND CATS WITHIN CITY LIMITS; SANITATION A. It is unlawful for any person, other than a properly licensed kennel proprietor, a person who has been granted a rescue exemption permit which has been validated by the City of Owasso Animal Shelter, or a person who has been approved by the City of Owasso Animal Shelter to provide animal foster care, to keep or maintain upon any property or premises within the city limits more than (2) dogs and (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 such puppies or kittens are born unto any adult dog or cat permanently maintained at such premises. B. Such animals shall be kept in a pen, lot or enclosure, or on a leash or chain, of sufficient length or mobility as to permit each animal to occupy an area not less than the following: 1. Large Animal (weighing more than fifty (50) pounds: Seventy -two (72) square feet; 2. Medium Animal (weighing thirty -six (36) to forty -nine (49) pounds: Sixty (60) square feet; 3. Small Animal (weighing thirty -five (35) pounds or less: Forty -eight (48) square feet; C. The enclosure shall not extend or protrude closer than twenty (20) feet from any street side property line of such premises; D. 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 daily from the area within or upon which such dogs and cats are kept or maintained all dung and animal excrement, and shall thereupon place or cause same to be placed in an enclosed, fly- Page 4 -12 Animals 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, subject to abatement as provided within this Code of Ordinances. E. The Owasso Animal Shelter shall maintain a register of qualified rescue exemption permit holders and /or qualified foster homes. Applications for such permits shall be submitted in writing to the Owasso Animal Shelter, and the Animal Shelter shall notify the applicant in writing of their acceptance or denial for a permit within thirty (30) days of application. The holder of a rescue exemption permit or approved foster home permit shall be permitted to own and keep at a single family dwelling a number of dogs and cats exceeding that permitted in subsection (A), provided however, that the permit holder shall not allow more than the number of dogs and cats permitted in subsection (A) outside the residence at any one time. All rescue exemption permit holders and foster home permit holders shall be subject to random inspections by an animal control officer, or other designee of the Chief of Police, at any time. Refusal to submit to random inspection will result in revocation of the holder's rescue exemption or foster home permit. The Owasso Animal Shelter, acting under the authority of the Chief of Police, is authorized at any time to revoke the rescue exemption or foster home permit to ensure proper care for the animals housed therein. F. The total number of animals allowed by a rescue permit holder or foster home shall be no more than: 1. A maximum of four (4) dogs, or 2. A maximum of six (6) cats. The total number of dogs and cats may not be combined. The application submitted to the Owasso Animal Shelter must specify which type of animal the applicant proposes to house. G. The following shall apply to the granting of any permit: 1. Rescue Exemption Permit: A rescue exemption permit may be granted to a qualified animal rescue or its designee or agent. 2. Qualified Animal Rescue: A qualified animal rescue is defined as an animal rescue group which has obtained IRS Code section 501(c) (3) approval and has provided copies of the paperwork approving such status to the Owasso Animal Shelter. 3. Qualified Foster Home: A qualified foster home exemption may be granted to applicants living in a single family dwelling who have been approved by either a qualified animal rescue or the Owasso Animal Shelter to foster animals pending adoption or termination of the animal. H. Special Circumstances Waiver: A special circumstances waiver may be Page 4 -13 Animals granted to a qualified rescue exemption permit holder or a qualified foster home permit holder by the Chief of Police or his or her designee. Granting of such waiver will allow the permit holder to house a number of animals exceeding the number set forth in (E), and in such number as may be set by the Chief of Police or his or her designee. The following qualifications must be met to obtain a special circumstances waiver: 1. All animals must be kept inside the dwelling except that the permit holder may permit the animals outside in such number as set in (D), 2. Regularly scheduled and random inspections will be conducted by the Owasso Animal Shelter to ensure adequate standards of sanitation are being met and the animals are treated humanely. 3. Any complaint filed by a neighbor residing in the vicinity of the permit holder's home shall be investigated by an Animal Control Officer acting under the authority of the Chief of Police. If such complaint is found to be valid, a permit holder may be given a warning and must correct the deficiency within three (3) days. If the permit holder is unable to correct such deficiency, or fails to do so, the special circumstances waiver may be revoked by the Chief of Police or his or her designee. 4. The Chief of Police, or his or her designee, may revoke the special circumstances waiver for any reason and at any time to ensure proper care for the animals housed or to ensure health and safety of citizens. I. Exemption for service animals: Persons who are prescribed a service animal by a licensed physician may apply for an exemption from the Chief of Police if ownership of the animal would violate any City ordinance. The Chief of Police may request any documentation that supports the need for the service animal and documentation of training. The Chief of Police may, at his /her discretion, deny or allow for the exception. Any appeals regarding a denial of an exemption will be directed to the City Manager who has final authority regarding the exemption. The Chief of Police or City Manager may impose special requirements on the service animal owner to ensure proper sanitation or safety of the public and once approved, revoke the exemption for cause. (Ord. No. 436, 8/20/91; Ord. No. 532, 12/3/96; Ord. No. 858, 05/16/06; Ord. 996 1 1 /1 /1 1) SECTION 4 -1 1 1 ANIMAL HOUSING TO BE KEPT CLEAN Every structure or place wherein an animal is kept or permitted to be shall be maintained in a clean and sanitary condition, devoid of rodents and vermin and free from objectionable odors. (Ord. No. 996 1 1 /1 /1 1) SECTION 4-112 REPEALED (Ord. 996 1 1 /1 /1 1) SECTION 4-113 ANIMAL CONTROL OFFICER TO INSPECT The animal control officer upon complaint of any person, shall inspect any structure or place where an animal is kept, and may do so on his own initiative. He may Page 4 -14 issue any such reasonable order as he may deem necessary to the owner of the animal to cause the animal to be kept as provided in this chapter or in a manner so as not to constitute a nuisance. He may make a complaint before the municipal judge against any person for violation of any provision of this chapter or of any such reasonable order, but this procedure shall not abridge the right of others to make such complaint. (Prior Code, Sec. 3 -13; Ord No. 532, 12/3/96) SECTION 4-114 BREEDING PLACES Animals 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, or in which acts of copulation of domestic animals in public view are permitted. Each such place is hereby declared to be a public nuisance. (Prior Code, Sec. 3 -9) SECTION 4 -1 15 SICK AND DEAD ANIMALS; DISPOSAL A. It is unlawful and an offense for any person to place or throw any dead animal or fowl in or upon any street, alley, or public place within the city or to bury any dead animal or fowl within the city. It is unlawful for any private person to deposit any dead animal into a private or publically owned trash receptacle. B. It is the duty of the owner of any dead animal or the person in lawful possession of the same to notify the Animal Control Officer who shall dispose of the same in a sanitary manner. It is the duty of the owner or person in lawful possession to put all dead dogs, cats, fowl or other small animals in a sack, box or any other container before collection by an Animal Control Officer. C. Nothing in this ordinance shall prohibit a person from utilizing a licensed veterinary or cremation service for the disposal of dead animals; nor are there prohibitions from transporting a dead animal outside City limits for burial in a pet cemetery. Regardless of the manner of removal, all dead animals must be properly disposed of within 24 hours of death. D. It is the duty of any person upon whose premises a stray dead animal is found to notify Animal Control. Such person shall not be liable for any fees for removal. E. The owner of any dead animal or fowl, or person in lawful possession of the same, shall pay to Animal Control the cost of removal of the dead animal or fowl. It is unlawful and an offense for any person to fail or refuse to pay such cost of removal. F. Dead livestock shall be removed in a manner that is not in violation of Oklahoma State Statutes; however, dead livestock shall not be buried within the City limits of Owasso. (Ord. 996 1 1 /1 /1 1) SECTION 4 -1 16 CERTAIN ACTS ARE PROHIBITED It is an offense and a violation of this chapter for any owner, as herein defined, within the corporate limits of the city to: Page 4 -15 Animals 1. Harbor, keep, or have possession of any vicious dog as herein defined; 2. Harbor, keep, or have possession of any dog which is a nuisance as defined herein; 3. Allow any dog to be at large during the period of any epidemic of rabies, after proclamation of such epidemic; 4. Fail, or refuse, to deliver to the animal control officer, upon demand, any unlicensed dog, any vicious animal, any animal which is a nuisance, any rabies suspected animal or any animal found at large during the period of an epidemic of rabies, or any animal, the keeping or harboring of which is declared to be an offense; 5. Keep or pen any animal on premises, under his control or under the control of himself jointly with another, within an area used for confining animals, which is less in size and dimension than herein provided, or to maintain an area for such purpose, any part of which protrudes, extends or is located within a minimum distance from a street side property line, as required by ordinance; 6. Fail or refuse to comply with any sanitation rule or requirement set forth or prescribed by the provisions of this chapter or any other ordinance of the city pertaining to sanitation; 7. Permit a nuisance to exist by keeping, possessing, harboring or allowing to remain on premises under the control of the owner as defined in this chapter, any animal which emit sounds or noises, which disturb the peace or quietude of any person within the vicinity of or neighborhood where such premises are located; and 8. Do anything which is prohibited or failing to do that which is required and commanded by any part of this chapter. (Prior Code, Sec. 3 -27; Ord. No. 532, 12/3/96) SECTION 4-117 REPEALED (Ord. No. 532, 12/3/96; Ord. 996 1 1 /1 /1 1) SECTION 4-118 WILD AND EXOTIC ANIMALS; PROHIBITION ON KEEPING A. 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 (except reptiles which are defined in Section D), 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, presents a danger to human beings, and shall include but not limited to: 1. The following member of the Class Mammalia: (a). Order Carnivora, Family Felidae - cougars, lions, panthers, tigers, jaguars, leopards, ocelots, and margays except commonly accepted domesticated cats; Page 4 -16 Animals Family Ursidae - bears; Family Canidae - wolves, coyotes, jackals, dingos, foxes, and the African wild dog, to include any canine hybrid mix, to include but not limited to wolf, coyote or dingo mix hybrid; Family Mustelidae - weasels, martins, minks, badgers, and skunks; Family Procyonodae - raccoon; (b). Order Chiroptera - bats (c). Order Edentata - sloths, anteaters and armadillos; (d). Order marsupialia - kangaroos and common opossums; (e). Order Proboscidea - elephants; (f). Order Primata - monkeys, chimpanzees and gorillas; (g). Order Rodentia - beaver, muskrat and porcupines; (h). Order Ungulata - antelope, deer, bison, camels; 2. The following members of the Class Ayes: (a). Order Falconiforms - hawks, eagles, falcons and vultures which are not kept pursuant to federal or state permits; (b). Subdivision Ratitae - ostriches, rheas, cassowaries and emus; 3. Any species of animal which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means - to include the keeping of bees whether for commercial purposes or hobby; except domestic honeybees under the circumstances hereinafter provided, to -wit: (a) No more than two (2) hives shall be maintained for each '/4 acre or less of lot size on any lot; (b) No hives shall be maintained within twenty (20) feet of any lot line of the lot on which said hive is located; (c) Between each hive and the neighboring lot in the direction of the hive entrance, the hive owner shall maintain a hedge or a screening fence that is at least six (6) feet in height, to be located within twenty (20) feet of such lot line, and to extend the entire length of such lot line; (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 of the City of Owasso, Oklahoma upon request; (f) The hive owner shall provide written notification to the City Clerk and Chief of Police of the City of Owasso, Oklahoma as to the existence of the hive, as well as certify as to notification of adjoining property owners of the existence of the hive. Hive owner shall place written notification on the property in a conspicuous place so as to inform the public of the existence of the bee hive. (Ord. No. 683, 8/21/01) 4. Any species of animal when kept, maintained or harbored in such numbers of in such manner as to constitute the likelihood of danger to the animals themselves, to human beings or to the property of human beings. Page 4 -17 B. The provisions of section A shall not apply to menageries, zoological gardens, exotic animal shows or sales, and circuses, if: 1. Their location conforms to the provisions of the zoning ordinance of the City. 2. All animals and animal quarters are kept in clean and sanitary conditions and so maintained as to eliminate objectionable odors; 3. Animals are maintained in quarters so constructed as to prevent their escape; and, if and in the event of escape, the owner or custodian of such animal immediately notifies the animal control officer. 4. No person lives or resides within one - hundred (100) feet of the quarters in which the animals are kept. 5. All animals wild by nature or exotic that are impounded by the animal control officer shall be returned to habitat, destroyed or donated to a zoo. C. Acceptable Reptiles: Animals 1. The species in the families of reptiles listed in this paragraph may be possessed and /or housed in the City of Owasso. Reptiles must be under restraint on owner's property unless being transported. * NOTE: Any reptiles being allowed by the City of Owasso must still be possessed in accordance with any and all state, federal regulations that may apply. (a). The Lizards - Order Squamata; Suborder Sauria- Family Gekkonidae - geckos Family Agamidae - Agamas Family Iguanidae - anoles, swifts, iguanas Family Cordylidae - sungazers Family Anguidae - plated lizards Family Varanidae - monitors Family Lacertidae - wall lizards Family Anniellidae - limbless lizards Family Teiidae - striped lizards, racerunners Family Chamaeleonidae - chameleons Family Scincidae - skinks Family Gerrhosauridae - plated lizards (b). The Snakes - Order Squamata; Suborder Ophida- Family Leptotyphlopidae - typhlopidae, worm snakes Family Boidae - boas, pythons Family Colubridae, sub family Colubrinae, (no venom conducting teeth). This group contains garter, water, gopher, bull, rainbow, hognose, ringneck and green snakes plus ratsnakes, kingsnakes, cornsnakes and reces, etc. Page 4 -18 2. All owners of acceptable reptiles must obtain a permit for such animal through the Owasso animal shelter. There will be no charge for such permit. All owners or custodians of acceptable reptiles must immediately notify the animal control officer if such reptiles escape. D. Prohibited Reptiles: 1. The species in the families of reptiles listed in this paragraph are prohibited in the city of Owasso. 2. The Alligators, Caimans and Crocodiles - Order Crochodylia. 3. The Lizards - Order Squamata; suborder Ophidia- Family Elapidae - Cobras; Family Hydrophiidae - sea snakes; Family Viperidae - vipers; Family Crotalidae - pit vipers; Family Colubridae, sub family Disadomorphinae, rear fang snakes and the specific species: Dispholidus typus, the Boomslang; Thelotornis Kirklandi, African bird eating snake; Boiga dendrophilia, the Mangrove snake. E. Habitat (c). The Turtles and Tortoises - Order Testudines Family Chelydridae - snapping turtle Family Kinosternidae - musk turtle Family Platysternidae - big head turtle Family Emudidae - tortoise, etc. Family Trionychidae - soft shelled turtle Family Pelomedusidae - flat headed turtle Family Chelidae - sie necked turtle Recognizing that reptiles differ from other animals in handling techniques, the sections listed below must be followed to allow anyone to possess and /or house reptiles in the city. 1. All reptiles held as pets or specimens in the city of Owasso must be contained within secure habitats capable of preventing escape. F. Transport and Handling Animals 1. Reptiles being transported in Owasso will be secured within escape proof containers. 2. Acceptable reptiles may be handled openly if the handler is demonstrating the reptile for sale within a retail business establishment approved for sale of such reptiles. 3. Reptiles shall not be handled openly in public places, e.g. parks, schools, shopping areas, etc. Page 4 -19 Animals 4. Prior approval and notification of the animal control officer must be made before conducting any educational programs utilizing reptiles within the Owasso City Limits. G. Release of Reptiles 1. Reptiles not indigenous to the state of Oklahoma shall not be released or abandoned by their owners and /or their handlers in the city of Owasso. 2. Any species of reptile not indigenous to the state of Oklahoma which may be secured by, or forfeited to, Animal Control shall be turned over to a zoo or a reptile rescue organization for proper disposition, or if necessary may be destroyed if deemed proper by Animal Control. 3. Species indigenous to the state of Oklahoma which are secured by Animal Control may be released to the wild as Animal Control deems proper. H. Bee Hives Prohibited - Repealed by Ord. No. 683 I. Penalties Unless otherwise provided, every person violating any of the provisions of this title shall be guilty of an offense and upon conviction shall be punished by a fine not to exceed $200.00 and /or ten (10) days in jail. (Ord. No. 532, 12/3/96) SECTION 4-119 ANIMAL EXCREMENT 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. 944, 8/18/09) Page 4 -20 SECTION 4 -120 Animals ARTICLE B RABIES VACCINATION, REGISTRATION, TAGS AND FEES RABIES VACCINATIONS; REQUIRED A. 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, against rabies in accordance with the law. The owner of such animal shall have the animal vaccinated either annually with an annual vaccine, or once every three years with a three year vaccine. The owner shall procure from the veterinarian administering the vaccine a certificate of vaccination giving a description of the animal and the date of vaccination. Such certificate shall be in force as provided therein, either one or three years. 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. Every dog, cat or ferret shall be vaccinated for rabies on or before reaching four (4) months of age. Any dog, cat or ferret which is over the age of four (4) months and which has not been vaccinated against rabies within the past twelve or thirty -six month period, whichever is applicable, and which has been kept within the city for a period of thirty (30) days of more, shall be vaccinated immediately. (Ord. No. 532, 12/3/96; Ord. No. 859, 5/16/06; Ord. 996 1 1 /1 /1 1) SECTION 4 -121 REGISTRATION; REQUIRED A. The owner of every dog, cat or ferret shall annually register the dog, cat or ferret 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. B. It is the duty of the animal control officer to keep a register of all animal registrations in the city, pursuant to the provisions hereof and such register shall show the date of the issuance of each registration, its date of expiration, the name of the owner, or the person in whose name the registration is issued and shall designate the size of the animal and state as nearly as possible the age, sex, color and breed of such animal. Such registration shall further show the date of vaccination and by who vaccinated. C. The animal control officer shall issue licenses for dogs, cats or ferrets as provided for in this Article. An accurate record of all licenses issued shall be kept at all times. D. The animal control officer shall record information concerning each such license issued, including the date of issuance, the date of expiration, the name of the owner or person in whose name such license was issued, the sex of the dog, cat or Page 4 -21 ferret and the date of the vaccination. (Ord. 361, 12/2/86; Ord. 436, 8/20/91; Ord. 532, 12/3/96) SECTION 4 -122 VICIOUS ANIMALS, DETERMINATION, MAY BE KILLED A. It is the duty of the animal control officer, or person authorized by him, to seize and impound any dog by him found to be vicious, and in such event to cause proceedings to be instituted before the municipal judge against the owner of such animal for the violation of this chapter. It is also his duty, upon being notified that charges of harboring a vicious animal are pending against any person, to seize and impound the animal described in such proceedings. If such seized and impounded dog shall have bitten a human being two (2) or more times before such seizure or impounding, then and in that event the animal shall be destroyed as though it were a rabid animal. In any other event, if the municipal judge shall order, it is the duty of the animal control officer to cause the surrender and return the animal to the owner thereof, but in the event that such animal is found by the judge to be a vicious animal, it is the duty of the animal control officer, or person designated by him /her, to destroy the vicious animal by the most humane means possible. B. Any person may kill an animal in self defense or in defense of another when the animal, without undue provocation, bites him or the other, or attacks, or attempts to bite or attack, him or the other in such manner that an ordinarily prudent person would be led to believe that the person toward whom the efforts of the animal are directed is about to be bitten or otherwise physically harmed. The animal must be at large. (Ord. No. 532, 12/3/96) SECTION 4 -123 DOGS AND CATS CONFINED; WHEN A. When the health officer or animal control officer determines and certifies that a dog, a cat, or other animal in the city or within five (5) miles of the city is or was infected with rabies and that an epidemic of rabies threatens the city, the council, by resolution, may order all dogs to be confined, and if deemed desirable, all cats to be confined, during a period of time to be determined by the council. Such resolution or an adequate notice of its passage shall be published in a newspaper of general circulation within the city and shall go into effect on the day following such publication unless the resolution prescribes a later time. B. While such resolution is in effect, it is unlawful for any owner to permit a dog or cat to be at large in violation of such resolution, or for any dog or cat to be at large in violation thereof. (Ord. No. 532, 12/3/96) Animals SECTION 4 -124 TAG TO BE ATTACHED TO COLLAR OR HARNESS Upon the issuance of a license the animal control officer shall issue a properly numbered tag to be affixed to the collar or harness of the dog, cat or ferret. The tag Page 4 -22 Animals shall be worn by the dog, cat or ferret at all times. It shall be unlawful for any person to remove the tag from the collar of any dog or cat without the owners consent. It shall be unlawful to transfer a tag form one dog, cat or ferret, to another. (Ord. No. 532, 12/3/96) SECTION 4 -125 NONRESIDENT; FAILURE TO COMPLY It shall be unlawful for any nonresident or other person to fail to comply with the provisions of the Article relative to vaccination and licensing of animals after thirty (30) days of residency. (Ord. No. 532, 12/3/96) Page 4 -23 Animals ARTICLE C IMPOUNDMENT 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 officer 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. The city may contract with another agency for the use of an animal shelter maintained by the agency. (Prior Code, Sec. 3 -34; Ord. No. 532, 12/3/96) SECTION 4 -131 AUTHORITY OF OFFICERS A. Animal Control Officers: 1. May seize and impound any animal found at large in violation of any provision of the ordinances of the city; 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. Absent consent or exigent circumstances, will not make entry into a residence without a court order. 4. May seize and impound any abandoned animal, any unlicensed animal, any female animal in heat not confined, any unsterilized dog or cat not exempt, any vicious animal, any animal which is a nuisance and any animal suspected to be afflicted with rabies. B. The Animal Control Officer is empowered and authorized to enforce all aspects of this chapter. Further, he is authorized and empowered to issue citations to any person in violation of the chapter. He can cause the arrest of any person who resists the animal control officer's attempts at resolving animal related violations. C. Any other person may take any animal listed above into custody and present it to the authority in charge of the animal shelter for impoundment. (Ord. 532, 12/3/96; Ord. 996 1 1 /1 /1 1) 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 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 Page 4 -24 Animals is not redeemed or claimed as provided in this Article. 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 persons. B. If the owner is identifiable by tag or other means, an Animal Control Officer shall notify the owner at the address on the registration tag or city records that the animal is in custody and will be subject to disposition if not timely claimed as provided in (A). 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 from the date 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 Article. D. Any feral, sick or injured animal, or any animal to be euthanized for rabies testing, taken into custody by an Animal Control Officer shall be subject to immediate disposition subject to the discretion of the Animal Control Officer. (Ord. 532, 12/3/96; Ord.860, 05/16/06: Ord. 996 1 1 /1 /1 1) SECTION 4 -133 FEES FOR IMPOUNDING A. The City Council by motion or resolution shall determine the fees to be charged for impounding and keeping animals. In computing the fee, a fraction of a day during which an animal has been fed shall be deemed a full day. B. Any person redeeming an impounded animal shall pay the required fees to the Animal Control Officer. C. Any person redeeming an animal not licensed as required by Sections 4 -120 through 4 -125 of this code shall license the animal as required before the animal is released. If an animal has been licensed the Animal Control Officer in charge of the shelter shall require adequate evidence of the proper licensing of the animal before releasing it. No person shall redeem an animal nor shall the animal be released until the animal is licensed as required by section 4 -120 through 4 -125 of this code. (Ord. No. 532, 12/3/96; Ord. 996 1 1 /1 /1 1) SECTION 4 -134 REDEMPTION OF ANIMALS An owner of an impounded animal or his agent may redeem the animal, prior to its sale or destruction as provided for herein, by paying the required fees against the animal, providing satisfactory proof of ownership, and meeting any other requirements which may be prescribed in this chapter. However, when in the judgment of the animal control officer an animal should be destroyed for medical reasons, such animal Page 4 -25 Animals may not be redeemed, except to the owner who will provide immediate medical attention. 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. (Prior Code, Secs. 3 -39, 3 -42; Ord. No. 532, 12/3/96) SECTION 4 -135 REPEALED (Repealed by Ord. No. 862, 05/16/2006) SECTION 4 -136 RECORDS; FUNDS It is the duty of the animal control officer to enter in a book, to be kept in his office for that purpose, the description and date of the seizure of all animals taken under the provisions of this chapter, the place where impounded, the name of the owner if known, and if unknown the date of the notice given, and all subsequent proceedings relating to the sale thereof, and the amount realized. All fees collected by the animal control officer shall be paid to the city treasurer. The proceeds of all sales shall be turned over to the city treasurer. (Ord. No. 532, 12/3/96) SECTION 4 -137 REPEALED (Repealed by Ord. No. 863, 05/16/2006) SECTION 4 -138 UNLAWFUL ENTRY; INTERFERENCE WITH AN OFFICER No unauthorized person shall: 1. Break or attempt to break open the shelter or take or let any animal there from; 2. Take or attempt to take from any officer or employee of the city any animal taken into custody as provided by this chapter; or 3. 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. (Ord. No. 532, 12/3/96) Page 4 -26 SECTION 4 -140 Animals ARTICLE D MISCELLANEOUS PROVISIONS CRUELTY TO ANIMALS It is unlawful for any person to overdrive, overload, drive when overloaded, overwork, torture, torment, deprive of necessary sustenance of water, cruelly heat, mutilate or kill any animal or fail to give such animal sufficient water, or cause or procure an animal to be so overdriven, overworked, tortured, tormented, or deprived of necessary sustenance or water, cruelly beaten, mutilated or killed. A. Any animal kept in the city limits shall be housed, watered, fed and protected from the weather in such manner as not to endanger the animal's life or well being. time; B. No person shall willfully or maliciously: 1. Torture, cruelly beat, injure, maim, mutilate, overdrive, overload, unjustly destroy, kill or instigate, engage in, or in any way further any act of cruelty to any animal or any act tending to produce such cruelty belonging to himself or to another; 2. Deprive any animal of food for more than twenty -four (24) hours at a 3. Set out, dispose of cause or permit to be exposed to any drug, chemical or other substance whatever, in any open place, whether public or private property, when such substance is poisonous or capable of causing the death or dangerous sickness of any domestic or household animal; 4. Cause any other person to do any of the above acts. C. No animal shall be confined within or on a motor vehicle under such conditions as may endanger the health or well being of the animal, including, but not limited to, dangerous temperature, lack of food or water. D. No person shall abandon or cause to be abandoned any animal within the corporate city limits of Owasso. E. If the condition of the animal is not improved to the satisfaction of the Animal Control Officer, another citation may be issued. F. Any act tending to produce such cruelty shall be punished by imprisonment in the city jail for a period not exceeding ten (10) days, or by fine not exceeding the maximum amount allowed under state law, or by both such imprisonment and fine. G. Owners and keepers of any animal shall provide food, water, shelter and medical attention to any animal, including, but not limited to, the following: Page 4 -27 (Ord. No. 532, 12/3/96; Ord. 996 1 1 /1 /1 1) Animals 1. Sufficient, wholesome food that is nutritious for the species; 2. Fresh, potable drinking water at all times; 3. Medical attention to relieve such animals from suffering; 4. Shelter to allow the animal to remain dry and protected from the elements. Such shelter shall be fully enclosed on three (3) sides, and roofed. The shelter shall be small enough to retain the animal's body heat and large enough to allow the animal to stand and turn comfortable. The structure shall be structurally sound and in good repair. 5. Any animal kept on a chain or rope shall be placed so that it cannot become entangled with the restraints of other animals or with any other objects. The chain or rope shall be of sufficient length and a minimum of ten (10) feet to allow the animal complete access to food, water and shelter at all times. The chain shall be attached in a manner, to an acceptable collar, so as not to cause injury or discomfort to the animal. No chain, rope, wire, or bandanna shall be used as a collar. 6. An Animal Control Officer finding an animal so maltreated or abused shall remove the animal or give the owner or person causing treatment seventy -two (72) hours to remedy the violation. If in the opinion of the Animal Control Officer the life or welfare of the animal is in immediate danger, he may take possession of said animal and place the animal in the care of a veterinarian at the owner's expense or place said animal in the animal shelter. The animal shall be maintained there until such time as the problem can be rectified and all fines, court cost and charges for animal care are paid in full. The decision as to whether the animal shall be released back to person causing maltreatment will then be made by the presiding judge upon recommendations of the Animal Control Officer. 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 diseases, or allow such animal to run at large within the city. (Ord. No. 532, 12/3/96; Ord. 996 1 1 /1 /1 1) SECTION 4 -142 SALE OF DISEASED ANIMALS It is unlawful for any person to knowingly sell, or to cause, allow, or procure to be sold, any animal without disclosing such disease to the prospective purchaser. (Ord. 996 11/1/11) SECTION 4 -143 KILLING OF ANIMAL When from any cause it may happen that any domestic animal within the corporate limits of the city shall be so wounded, maimed, sick, diseased or injured as to render its Page 4 -28 recovery hopeless in the opinion of any Police Officer or Animal Control Officer, may kill or destroy, or cause to be killed or destroyed such animal so injured or diseased as soon after such injury or disease as practicable, and in such manner as in his judgment shall be the least painful. He will cause the carcass to be removed to such place as may be set apart for such matter and disposed of as provided by ordinance for dead animals. (Ord. 996 1 1 /1 /1 1) SECTION 4 -144 SELLING OF ANIMALS AND FOWL It shall be unlawful for any person to sell, offer for sale, barter or give away any animal or fowl within the City limits of Owasso except on the owner or proprietor's property or in a sales arena, sales barn, or commercial establishment designed for that purpose. Itinerant sale or giving away of animals or pets is expressly forbidden. (Ord. No. 532, 12/3/96) SECTION 4 -145 ENCOURAGING ANIMALS TO FIGHT It is unlawful for any person to instigate or encourage a fight between animals; or to encourage one animal to attack, pursue or annoy another animal except a noxious, nondomesticated animal; or to keep a house, pit or other place used for fights between animals. SECTION 4 -146 PARENTS LIABILITY Animals The parent or guardian of any minor claiming ownership of any animal shall be deemed to be the owner of such animal and shall be charged for all penalties and shelter fees imposed by this Article. (Ord. No. 532, 12/3/96) SECTION 4 -147 SPAY /NEUTER REQUIREMENTS A. It shall be an offense under this section for any owner within the city limits of Owasso to harbor, keep or possess a dog or cat over the age of six (6) months, other than a dog used by the Owasso Police Department as a police dog, that has not been spayed or neutered unless the dog or cat was licensed as required under section 4- 121(a) prior to July 1, 2006 and has continually maintained such license, or unless a veterinarian has certified, in writing, that it is necessary to postpone or preclude an animal from being spayed or neutered due to health concerns. If a licensed Veterinarian has so certified, any person who owns, 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. A rebuttable presumption that the 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 a current license, license tag or 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. Special Circumstances Exceptions: Any person owning a dog or cat that is registered with AKC, UKC, or other national /international animal association, and who is able to Page 4 -29 produce certification papers of the same, and who intends to use the animal for breeding and /or show purposes, may apply for an exception to the mandatory spay /neuter law. Such application will be approved or denied by the Chief of Police or his or her designee. If approved, the applicant will be granted an exception upon payment of a fee to be set by the City Manager and included within the Animal Control Division fee schedule. Breeders must be registered with the Owasso Animal Shelter, and the granting of an exception under this section does not exempt the animal owner from compliance with the allowable number of animals set forth in section 4- 110(A). (Ord. No. 861, 05/16/06; Ord. 996 1 1 /1 /1 1) SECTION 4 -148 HUNTING NOT PERMITTED No person shall hunt or discharge any firearm within the city limits, nor shall any person hunt upon or around any lake, lagoon or upon any land owned, leased or operated by the city. (Ord. No. 532, 12/3/96) SECTION 4 -149 USE OF TRAPS Animals It shall be unlawful for any person to use or set a trap capable of trapping animals live or otherwise, unless such trap has been furnished to a person by an animal control officer. The animal control officer must be notified if a personal trap is used or set to trap animals. Such traps will be inspected by, and approved for humane use by an animal control officer. Traps shall not be set in places that are unsheltered from winter weather or summer heat. Traps shall be checked no less than once every twenty -four (24) hours. A trapped animal shall be reported to the animal control officer within a reasonable length of time after it is trapped. Animal(s) shall be removed from trap by the animal control officer. Traps furnished by Animal Control shall not be used more than three days. At the end of three (3) days traps furnished by the animal control officer shall be returned to the animal control officer. Persons violating this section may be fine subject to the penalty provisions contained in this chapter. (Ord. No. 532, 12/3/96) Page 4 -30 Animals ARTICLE E DOG AND CAT STERILIZATION SECTION 4 -150 REPEALED (Ord. No. 532, 12/3/96; Ord. 996 1 1 /1 /1 1) SECTION 4 -151 STERILIZATION AGREEMENT AND DEPOSIT; PREREQUISITE TO ADOPTION No dog or cat may be released for adoption from the City Animal Shelter unless said animal has been surgically spayed or neutered or a 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. (Ord. No. 532, 12/3/96; Ord. 996 11/1/11) SECTION 4 -152 REPEALED (Ord. No. 532, 12/3/96; Ord. 996 1 1 /1 /1 1) SECTION 4 -153 REPEALED (Ord. 532, 12/3/96; Ord. 996 1 1 /1 /1 1) SECTION 4 -154 REPEALED (Ord. 532, 12/3/96; Ord. 996 1 1 /1 /1 1) SECTION 4 -155 REPEALED (Ord. 532, 12/3/96; Ord. 996 1 1 /1 /1 1) SECTION 4 -156 STERILIZATION NOT REQUIRED FOR CERTAIN DOGS AND CATS The provisions of this Article shall not be construed to require the sterilization of dogs and cats which are being held by the city which may be claimed by their rightful owners. The city treasurer shall maintain records which fund the spay /neuter program. (Ord. No. 532, 12/3/96) SECTION 4 -157 FAILURE TO COMPLY CONSTITUTES NUISANCE; REMEDIES; PENALTIES Failure to comply with the provisions of this Article shall constitute either a public or private nuisance. Any person may maintain a civil action to enjoin the continuance of said private nuisance. The public nuisance may also be abated by the city or by any public officer authorized by law to do so. Further, any person who shall violate any provisions of this Article, upon conviction, shall be punished by a fine in any amount not exceeding one - hundred dollars ($100.00) plus cost, provided, that each day of such violation shall constitute a separate offense. (Ord. No. 532, 12/3/96) Page 4 -31 SECTION 4 -160 Animals ARTICLE F KENNELS; ZONING ORDINANCE TO PREVAIL KENNEL PROPRIETORS A. It is unlawful for any person to be a kennel proprietor within the city unless such proprietor shall first pay to the City Treasurer of the city an annual license fee of One Hundred Dollars ($100.00). Upon proof of proper zoning and payment of such fee the City Clerk shall furnish to such kennel proprietor a license to engage in such business. The kennel proprietor's license levied in this section shall be in lieu of all other license fees prescribed in this chapter and ordinances of the city for dogs in such kennel. B. A "kennel proprietor" is defined as any person owning, managing or maintaining a place where animals are boarded on a temporary basis. This section shall expressly exclude licensed veterinary offices. All animals in such kennel shall be at all times confined on the premises of such kennel proprietor. Should any animal belonging to, or kept by, such kennel proprietor be allowed off the premises of such kennel proprietor, the owner or keeper, thereof shall pay the same fees thereon as is required by the ordinances of the city for all dogs and cats not kept by a kennel proprietor. Any such dog or cat shall be subject to all of the provisions of such ordinances, including seizure and impounding to the same extent and in the same manner as any animal at large. Such 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. (Ord. No. 532, 12/3/96; Ord. 996 1 1 /1 /1 1) SECTION 4 -161 PET STORES A. Structural standards. The facilities for housing animals in a pet store shall be structurally sound and shall be maintained in good repair to prevent injury to the animals. All buildings, premises and containers used to transport animals shall be maintained in a sanitary manner. Equipment shall be available for the proper storage or disposal of waste material to control vermin, insects and obnoxious odors. Pet stores shall take effective measures to control and prevent the infestation of animals and premises with external parasites and vermin. The burning of any excreta, bedding or debris on the premises is prohibited. B. Enclosures. Enclosures for all animals in pet stores shall be suited to the species of animals, structurally sound and maintained in good repair to protect animals from injury and escape. Enclosures shall be constructed and maintained so as to enable the animals to remain clean and dry when appropriate for the species. All animals shall be kept in proper enclosures except when cleaning said enclosures. Birds acclimated to open perches shall be exempt from the enclosure requirement. Page 4 -32 Animals Walls and floors of enclosures shall be constructed of nonabsorbent, nonporous materials impervious to moisture. If wire or grid flooring is used it must be made of galvanized, stainless steel, or plastic coated wire and be of adequate gauge to support the animal(s) without sagging and to prevent the animals' feet from passing through the openings. Enclosures in current use shall be cleaned and disinfected daily, or more if necessary, to maintain a sanitary condition. Enclosures shall be designed and constructed to provide adequate physical comfort to the animals. Each animal must be provided with sufficient space to turn about freely and easily stand, sit or lie in a comfortable natural position. Animals that are group housed must be maintained in compatible groups. No female dog or cat in season (estrus) shall be housed in the same primary enclosure with male animals except for breeding purposes. C. Housing facility temperature. Pet stores shall be sufficiently heated to protect animals from the cold and to provide for their health and comfort at all times. The temperature of the air surrounding animals shall be maintained in a manner that does not cause undue stress to the animal. Animals shall be provided protection from the direct rays of the sun. D. Housing for animals in all pet stores shall be adequately ventilated to minimize drafts, offensive odors and moisture condensation and to provide for the health and comfort of the animals at all times. Ventilation shall be deemed adequate only if mechanical ventilation, such as exhaust fans, exhaust vents or air conditioning is provided and operating properly. E. Lighting. Facilities housing animals shall have ample well distributed light by natural or artificial means, or both. Enclosures shall be so placed as to protect animals from excessive illumination, except those which require it. F. Animal health. Animals shall be provided with food that is wholesome, palatable, and free from contamination and of sufficient quantity and nutritive value to maintain animals in good health. Animals, other than certain reptiles which according to normal husbandry practices for their species are not fed at least once daily, must be fed at least once a day, including Sundays and holidays, except as dictated by hibernation, veterinary treatment, normal fasts, or other commonly accepted practices recognized by professionals who are expert in the care of the animals concerned. In the case of young animals, they shall be fed at least two times per day, except when continuous self feeders are provided. Feeding pans shall be durable and sanitized daily. Self feeders may be used for the feeding of dry food provided they are cleaned and sanitized regularly to prevent molding or caking of food. If disposable food receptacles are used, they must be discarded after each feeding. Food shall be stored in facilities which adequately protect the supplies against deterioration, molding, or contamination by vermin. 1. Potable water shall be provided at all times to each animal in accordance with its needs, except as directed by hibernation, veterinary treatment, or other commonly accepted practices recognized by professionals who are expert in the care of the animals concerned. Water containers shall be designed and of sufficient Page 4 -33 health. Animals number to provide and dispense adequate quantities of water for the particular species and must be placed in such a way as to prevent spillage. Water containers shall be cleaned and sanitized at least once each day. 2. All dogs and cats received for resale shall be housed separately from other dogs and cats on the premises for a minimum of forty -eight (48) hours before being released to a purchaser. Each animal shall be observed daily by pet shop operators or employees for general symptoms of injury, illness or disease. Any dog or cat that exhibits symptoms of injury, illness or disease shall be isolated and treated as prescribed by a veterinarian. Any such dog or cat shall be pronounced healthy by a veterinarian before the dog or cat can be offered for sale. 3. Dogs confined in cages shall be removed at least once daily for a period of time necessary for exercise. 4. All pet stores must plainly display signage warning of potential salmonella transmission and infection to humans when selling reptiles and amphibians. G. Prohibited sales. The exhibition, sale or offer for sale by a pet store of any of the following listed animals is prohibited: 1. All puppies and kittens under the age of 8 weeks. 2. All animals prohibited by City ordinance. 3. Any animal which exhibits: (a) Obvious signs of infectious diseases such as distemper, parvovirus, coronavirus, hepatitis, leptospirosis, rabies or other similar diseases. (Not to be construed to include incubating diseases.) (b) Obvious signs of nutritional disease which may include rickets and emaciation. (c) Obvious signs of severe parasitism - extreme enough to be influencing its general health. (d) Fractures or congenital abnormalities affecting its general H. Records. The owner or operator of a pet store shall maintain the following records regarding each dog or cat purchased or obtained by the pet store: 1. Name and address of person, firm or corporation from who animal was obtained, date thereof and United States Department of Agriculture (USDA) dealer license number if applicable. Page 4 -34 Animals 2. Description of dog or cat including species, breed, sex, color and distinctive markings, physical condition and health, age and USDA animal identification number if applicable. 3. Name and address of person, firm or corporation to whom dog or cat was sold or ownership was transferred and date of sale or transfer. 4. Disposition of dog or cat, if not sold or transferred, including euthanasia and method utilized, mortality and cause, if known, escape, or other specific circumstance, and date. 5. For each dog or cat receiving medical care, the type of service rendered, date and veterinarian's name. 6. If applicable, the USDA individual health certificate and identification form for each animal. I. The information required under this section shall be recorded in a logbook within seventy -two (72) hours of receipt of the animal. The records shall be maintained at the pet store for a minimum of two years after the date of sale, transfer or other disposition of the animal, and shall be readily available for inspection upon request by Animal Control, law enforcement or other City official. J. Inspection. Inspections of pet stores may be made by Animal Control, law enforcement or other City officials for the purpose of determining that the pet store is in compliance with all requirements of this section. Penalty. Any owner or operator of any pet store violating any provision in this section is guilty of an offense, and upon conviction, shall be fined, including costs. Every day upon which a violation continues shall be deemed a separate offense. (Ord. 996 11/1/11) SECTION 4 -162 ZONING ORDINANCE TO PREVAIL In case of conflict between this chapter and the present or any future zoning ordinance, the provision of the zoning ordinance shall prevail and supersede the provision of this chapter. (Prior Code, Sec. 3 -53; Ord. No. 532, 12/3/96) Page 4 -35 SECTION 4 -170 Animals ARTICLE G PROCLAMATION OF RABIES QUARANTINE OF ANIMALS FOR OBSERVATION A. The identity and address of the owner of any animal that bites a person shall be promptly furnished to the Animal Control Officer or the County Health Department within four (4) hours of the bite. The Animal Control Officer shall securely quarantine an animal for a period of ten (10) days and shall not release such quarantined animal until reasonable determination has been made that animal is not infected with rabies. 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. If the animal's ownership is unknown, the City of Owasso will be responsible for the cost of medical testing performed upon an animal following an unprovoked bite, attack or injury and for the cost of euthanizing the animal. The cost of medical testing of an animal following a provoked bite shall be the responsibility of the person bitten. 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. (Ord. No. 532, 12/3/96; Ord. 996 1 1 /1 /1 1) SECTION 4 -171 SECURING SUPPORT INFORMATION ON DIAGNOSED ANIMALS 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 animal control officer, veterinarian, the city health officer, or other designated emissary shall immediately send the necessary part of such animal to the state health department for pathological examination and shall notify the proper public health officer of any reports of human contact. SECTION 4 -172 RABIES CRISIS DECLARATION When a report gives a suspected or a positive diagnosis of rabies, or when the city, county or state health officials feel that a rabies crisis may be imminent, the health officials may recommend to the city manager city -wide quarantine, and upon the invoking of such quarantine by the city council, by resolution, no animal shall be taken into the streets or permitted to be in the streets, except for short periods of exercise under leash and control of a competent adult. During the quarantine no animal may be taken or removed from the city without written permission of the animal control officer. This declaration must be made by notice in a general circulated newspaper of the community and will last as long as health officials determine the situation requires such action. Page 4 -36 Animals SECTION 4 -173 DESTRUCTION OF ANIMALS UNDER CRISIS PERIOD During the period of rabies quarantine as mentioned every animal bitten by an animal adjudged to be rabid shall be forthwith destroyed, or at the owner's expense and option, shall be treated for a rabies infection by a licensed veterinarian, or held under six (6) month quarantine by the owner in the same manner as a female in season. The period of quarantine may be extended from time to time. SECTION 4 -174 SURRENDER OF ANIMALS UNDER SUSPECT No person shall remove from the city any animal suspected of having been exposed to rabies, or any animal which has bitten a human, except as herein provided. The carcass of any dead animal exposed to rabies shall be surrendered to the animal control officer upon demand, and the animal control officer shall direct disposition of the animal. No person shall refuse to surrender any animal for quarantine or destruction when such demand is lawfully made by the animal control officer. Page 4 -37 Animals ARTICLE H DUTY TO REPORT SECTION 4 -181 DUTY TO REPORT INJURY OR DEATH OF ANIMALS OF FOWL; HIT BY VEHICLES Every person who strikes any animal or fowl with a vehicle and injures or kills such animal or fowl shall notify the animal control division, or the police department immediately after the occurrence and shall give the time and place of the injury or death, a description of the animal or fowl, and the name and address of the person making the report. Drivers of emergency vehicles shall notify the animal control division at the earliest convenient time, but in any event within ten (10) hours. (Ord. No. 532, 12/3/96) 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 he does not own without first reporting such possession to the animal control division, giving his name, address, and telephone number, a true and complete description of the animal, and the circumstances under which the animal came into his possession. Persons retaining possession of stray animals for four (4) or more days will be considered the animal's owner. Persons bringing stray animals or animals to be surrendered to the City Animal Shelter must provide proof of residency within the City limits of Owasso. (Ord. No. 532, 12/3/96; Ord. 996 1 1 /1 /1 1) 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 control officer, police department, or the county health department within four (4) hours of his 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. (Ord. No. 532, 12/3/96) 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 at the City Animal Shelter. B. If possible, the City will notify the owner or person in possession of the animal of the animal's location and the conditions under which the animals may be Page 4 -38 Animals released. The animal will be held for a period of ninety -six (96) hours. If the animal has not been claimed by the owner, person possessing the animal or a designee of the owner or possessor within ninety -six (96) hours, the animal will become the property of the City of Owasso and may be placed for adoption, transferred to an animal rescue organization or 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. (Ord. 996 1 1 /1 /1 1) Page 4 -39 SECTION 4 -190 PENALTY Animals ARTICLE I PENALTIES Any person, firm or corporation who violates any ordinance or provision of this chapter, or who violates, or refuses or neglects to carry out any reasonable order made by the health officer pursuant to this chapter, shall, upon conviction thereof, be fined or imprisoned as provided in Section 1 -108 of this code. 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. (Prior Code, Sec. 3 -54) Page 4 -40