Chapter 8
ANIMALS*
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State law references: Animals generally, 4 O.S. § 31 set seq.; city powers to regulate animals, 11 O.S. § 22-115; cruelty to animals, 21 O.S. § 1685; abandonment of animals, 21 O.S. § 1686; dead or dying animals, 21 O.S. § 1222; dogs generally, 4 O.S. § 41 et seq.; guide dogs, 7 O.S. § 19.2– 19.3; running at large, 4 O.S. § 43; animals abandoned with veterinarians, 59 O.S. § 698.16; owner liability for injuries caused by dogs and cat bites, 4 O.S. § 42.3; dogs and cats, 4 O.S. § 41 et seq.; estrays, 4 O.S. § 85.1 et seq.; restraint and enclosure of animals, 4 O.S. § 99 et seq.; trespassing animals, damages and fences, 4 O.S. § 131 et seq.; Dog And Cat Sterilization Act, 4 O.S. § 499; Authority of city to impound animals and sell for costs, 11 O.S. § 14-115; disposition of animals held in shelter, 4 O.S. § 501.
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Article I.
In General
Sec. 8-1. Definitions.
Sec. 8-2. Animal control officer.
Sec. 8-3. Zoning ordinance to prevail.
Sec. 8-4. Exemptions from chapter regulations.
Secs. 8-5– 8-26. Reserved.
Article II.
Regulations of Animals Generally
Sec. 8-27. Animals at large.
Sec. 8-28. Breeding pens.
Sec. 8-29. Animals not to disturb peace; nuisance.
Sec. 8-30. Offenses.
Sec. 8-31. Exceptions.
Sec. 8-32. Cruelty to animals.
Sec. 8-33. Encouraging animals to fight.
Secs. 8-34– 8-54. Reserved.
Article III.
Dogs
Division 1.
Generally
Sec. 8-55. Certain dogs declared a nuisance.
Secs. 8-56– 8-83. Reserved.
Division 2.
Licenses and Registration
Sec. 8-84. License tax for dogs.
Sec. 8-85. Dog tags– To be worn at all times.
Sec. 8-86. Same– Lost or stolen.
Sec. 8-87. Same– Unlawful use.
Sec. 8-88. Same– Exchanged.
Sec. 8-89. Register of dogs.
Sec. 8-90. Animal control officer to check register for delinquents.
Sec. 8-91. Notice of dog tax due.
Sec. 8-92. Sale of licensed dogs.
Secs. 8-93– 8-112. Reserved.
Division 3.
Impoundment of Dogs
Sec. 8-113. Authority to impound dogs.
Sec. 8-114. Release of licensed dog.
Sec. 8-115. Impounded dogs; release to owner.
Sec. 8-116. Keeping impounded dogs; disposal or sale; notice and records.
Sec. 8-117. Feeding.
Secs. 8-118– 8-147. Reserved.
Article IV.
Livestock
Sec. 8-148. Keeping cows.
Sec. 8-149. Keeping hogs.
Sec. 8-150. Keeping horses and mules.
Sec. 8-151. Rooster defined; unlawful to keep in city; nuisance.
Secs. 8-152– 8-170. Reserved.
Article V.
Impoundment
Sec. 8-171. City animal shelter.
Sec. 8-172. Return animal to owner.
Sec. 8-173. Sale of animals.
Sec. 8-174. Animal shelter; injuring.
Sec. 8-175. Fees; impounding and caring for dogs and cats.
Secs. 8-176– 8-203. Reserved.
Article VI.
Rabies Control
Sec. 8-204. Vaccination required.
Sec. 8-205. Dogs and cats confined; when.
Sec. 8-206. Quarantine of animals for observation.
Sec. 8-207. Securing support information on diagnosed animals.
Sec. 8-208. Rabies crisis declaration.
Sec. 8-209. Destruction of animals under crisis period.
Sec. 8-210. Surrender of animals under suspect.
Secs. 8-211– 8-228. Reserved.
Article VII.
Bird Sanctuary
Sec. 8-229. Established.
Sec. 8-230. Protection of birds within sanctuary.
Sec. 8-231. Alleviation of nuisance in sanctuary.
Sec. 8-232. Destruction of birds compounding nuisance.
Secs. 8-233– 8-257. Reserved.
Article VIII.
Kennels
Sec. 8-258. Zoning location; approval of city required.
Sec. 8-259. Licensing.
ARTICLE I.
IN GENERAL
Sec. 8-1. Definitions.
The following words, terms, 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:
Animal means any horse, mule, ass, donkey, burro, jenny, hog, pony, cow, sheep, goat, shoat, swine, dog, cat, rabbit, chicken, goose, duck, turkey, guinea, rodent, or any other animal or fowl, wild or domesticated.
At heel means when such dog is obedient to and under the immediate control and supervision of his owner or his owner's agent at all times.
At large means not securely confined by a fence or other means on premises under the control of, or occupied by, the owner of the animal, and not under the control of the owner, a member of his immediate family 12 years of age or older, or an agent of the owner, by leash or otherwise.
Confined on the premises means that condition in which a dog is securely and physically confined and restrained on and within the premises of the owner, by means of walls, fences or by rope, chain, leash or other device of such strength and size as physically to prevent such dog from leaving such premises.
Owner means any person owning, harboring or keeping an animal. The occupant of any premises on which a domesticated or tamed animal remains, or to which it customarily returns, for a period of ten days or more, is deemed to be harboring or keeping the animal.
Under leash means and includes the condition of a dog being securely held, restrained and confined by his owner, member of his family or agent, by means of a strap, chain, rope or cord, or other device not exceeding eight feet in length, and in such manner as to prevent the dog from attacking any person or running at large.
Vicious dog means a dog of vicious propensity which has a disposition to attack persons or other animals it may meet, and includes as well a natural fierceness or disposition to mischief as might occasionally lead into the attack of human beings or other animals without provocation.
(Code 2000, § 4-101)
Sec. 8-2. Animal control officer.
The office of animal control officer is hereby created and it shall be the duty of the animal control officer to impound and dispose of animals and fowls running at large or being within the corporate limits of the city contrary to any provision of the city ordinances.
(Code 2000, § 4-146)
State law references: City powers to regulate animals, 11 O.S. § 22-115.
Sec. 8-3. Zoning ordinance to prevail.
In case of conflict between this chapter and the present or any future zoning ordinance, the provisions of the zoning ordinance shall prevail and supersede the provisions of this chapter.
(Code 2000, § 4-173)
Sec. 8-4. Exemptions from chapter regulations.
Hospitals, clinics, animal shelters and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the animal regulations of this chapter, except where duties are expressly stated.
Secs. 8-5– 8-26. Reserved.
ARTICLE II.
REGULATIONS OF ANIMALS GENERALLY
Sec. 8-27. Animals at large.
It is unlawful for any person having control of any animal, except a cat but including fowl, to allow or permit the same to run at large within the corporate limits of the city.
(Code 2000, § 4-102)
State law references: Authority to prohibit fowl running at large, 11 O.S. § 22-115.
Sec. 8-28. Breeding pens.
It is unlawful and an offense for any person within the city indecently to exhibit or to cause or allow to be exhibited any animal or to let or cause to be let any such animal, male or female, to any animal of the opposite sex for sexual intercourse unless the same shall be in some enclosed place entirely out of public view.
(Code 2000, § 4-103)
Sec. 8-29. Animals not to disturb peace; nuisance.
(a) It is unlawful for any person owning, confining, harboring, keeping, maintaining, caring for or having the custody or control within the city of any animal to allow the animal to disturb the peace and quiet of any person by offensive odor or by noise for any unreasonable length of time, or by destruction of property, within the city.
(b) It is unlawful for any person having the immediate control of any premises within the city to allow any other person to own, control, confine, harbor, keep, maintain, care for, or have the custody of any animal on the property, under the conditions whereby the animal disturbs the peace and quiet of any person by offensive odor or by noise for any unreasonable length of time, or by destruction of property, within the city.
(c) Any violation of this section, in addition to any other penalty, is hereby declared a nuisance.
(Ord. No. 396A, 7-1-1974)
State law references: Animals as nuisances, 4 O.S. § 41.
Sec. 8-30. Offenses.
It is unlawful and an offense under the terms of this chapter for any owner, as herein defined, within the corporate limits of the city to:
(1) Allow any animal owned, possessed, kept or harbored by such person to run at large on the streets, alleys or public places, or on private premises not under control of such person within the city whether such animal is licensed or unlicensed; provided, however, that it shall be permissible for an animal to be off the premises of its owner when under leash as herein defined, or obedient at heel, as defined in section 8-1;
(2) Abandon or desert any animal or to permit any animal to become a stray;
(3) Harbor, keep or have possession of any animal which is a nuisance as defined in section 8-29;
(4) Suffer or permit a vicious dog to go beyond the premises of the owner unless the vicious dog is securely muzzled and restrained by a chain or leash, and under the physical restraint of a person. The muzzle shall be made in a manner that will not cause injury to the vicious dog or interfere with its vision or respiration, but shall prevent it from biting any human or animal;
(5) Fail or refuse to deliver to the chief of police or any person designated by him upon demand, any unlicensed dog, any vicious animal or an animal which is a nuisance, any rabies-suspected dog, or any dog found off the premises of its owner and not under leash and at heel.
(Code 2000, § 4-136; Ord. No. 685, 7-6-1999)
State law references: Cruelty to animals and related offenses, 21 O.S. § 1680 et seq.
Sec. 8-31. Exceptions.
This article shall not apply to a dog or cat only temporarily brought and kept within the city, nor to a dog or cat brought within the city to participate in a dog or cat show, nor to a seeing eye dog when such dog is actually being used by a blind person to aid him in going from place to place, nor to dogs or cats being kept in kennels or pet shops for sale.
(Code 2000, § 4-137)
Sec. 8-32. Cruelty to animals.
It is unlawful and an offense for any person to cruelly beat or otherwise maltreat any animal in the city or to:
(1) Willfully and wantonly kill, maim, wound, poison or disfigure any horse, ass, mule, cattle, sheep, goat, swine, dog or other domestic animal;
(2) Cruelly kill, drive over, override or overload or unnecessarily confine, or fail to provide the same with sufficient food or water or shelter;
(3) Drive or work or use the same when such animal is maimed, wounded, sick, lame or otherwise unfit for labor; or to wantonly abandon the same to die;
(4) Carry or to cause the same to be carried, hauled or forced along in a cruel or inhumane manner; or
(5) Leave any animal tied up, or confined anywhere, day or night for more than six hours at a time exposed to inclement weather or without proper feeding, watering and caring for the same.
This section shall not be construed to prevent authorized officers from killing dogs or other animals when lawfully entitled to do so.
(Code 2000, § 4-171)
State law references: Cruelty to animals and related offenses, 21 O.S. § 1680 et seq.
Sec. 8-33. 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.
(Code 2000, § 4-172)
State law references: Cruelty to animals, 21 O.S. § 1685; animal fights, 21 O.S. §§ 1682, 1683; abandoning animal, 21 O.S. § 1686.
Secs. 8-34– 8-54. Reserved.
ARTICLE III.
DOGS
DIVISION 1.
GENERALLY
Sec. 8-55. Certain dogs declared a nuisance.
Any dog which scratches or digs into any flower bed, garden, tilled soil, vines, shrubbery or small plants, and in so doing injures the same, or which habitually prowls around or over any premises not the property of its owner to the annoyance of the owner or occupant of such premises, or which overturns any garbage can or other vessel for waste products, or scatters the contents of the same, or a dog which chases or kills any chicken or other domestic fowl shall be deemed a nuisance and is hereby declared to be a nuisance.
(Code 2000, § 4-135)
State law references: Animals as nuisances, 4 O.S. § 41.
Secs. 8-56– 8-83. Reserved.
DIVISION 2.
LICENSES AND REGISTRATION
Sec. 8-84. License tax for dogs.
(a) Each and every person owning or harboring any dog or cat over the age of three months within the city limits shall pay an annual license tax for each male or female dog or cat, so owned or harbored in the amount provided in the city fee schedule.
(b) Such license tax shall become due and payable on January 1 of each year hereafter, and shall be delinquent March 1 of each year hereafter.
(c) The city clerk shall issue a receipt to the payee in each case which shall show the breed of the dog or cat and the name by which such dog or cat is known or recognized, if any. The tax receipt as herein provided shall operate as a license to own, keep or harbor the dog or cat herein described for the calendar year ending on December 31 following the date of issuance of such license.
(Code 2000, § 4-121; Ord. No. 817, § 4-121, 7-21-2008)
Sec. 8-85. Dog tags– To be worn at all times.
The city clerk shall furnish any such person paying a dog license tax with a metal tag, on which shall be inscribed and stamped in a durable manner, the year for which the tax is paid, the number of such tag which shall be a separate and distinct number from all other tags in use for the same year, and shall carry the words "Dog Tag" in one line and the words" Collinsville, Oklahoma" in another line. The owner of the animal shall provide a substantial collar to be worn by such animal at all times and to which the tag shall be firmly fixed in a good and substantial manner.
(Code 2000, § 4-122)
Sec. 8-86. Same– Lost or stolen.
Whenever a tag shall be lost or stolen from any dog, the owner thereof shall procure another from the city clerk by making affidavit to the effect that the license fee was paid for the license tag, that ordinances were complied with prior to the issuance of the tag, and that the tag was lost or stolen through no fault of his, upon the filing of which affidavit and the payment of the sum provided in the city fee schedule, the city clerk shall issue another tag.
(Code 2000, § 4-123)
Sec. 8-87. Same– Unlawful use.
It shall be unlawful for any person to use or dispose of for any consideration or without any consideration any dog tag which has been issued by the city clerk pursuant to the ordinances of the city. Upon conviction, each and every person who shall violate any provision of this section shall be guilty of an offense and shall be punished accordingly.
(Code 2000, § 4-124)
Sec. 8-88. Same– Exchanged.
All tags used on dogs shall be returned to the city at the expiration of the year for which they are issued and exchanged for a new tag which shall be valid for the next succeeding year.
(Code 2000, § 4-125)
Sec. 8-89. Register of dogs.
It is hereby made the duty of the city clerk to keep a register of all dog licenses in the city, pursuant to the provisions of this article and such register shall show the date of the issuance of each license, its date of expiration, and the name of the owner or the person in whose name the license is issued, and shall designate the sex of the dog and state, as nearly as possible, the age, size, color and breed of such dog. It shall further show the date of vaccination and by whom vaccinated.
(Code 2000, § 4-127)
Sec. 8-90. Animal control officer to check register for delinquents.
It shall be the duty of the animal control officer to check the dog register in the clerk's office at the expiration of ten days after May 1 and to prepare a list of all delinquents. Any person who shall not have paid the dog license tax on or before May 10 shall be regarded as and is hereby declared to be delinquent. Any dog in his possession shall at once be impounded as herein provided and all costs for such impounding, caring for, feeding and other expenses shall be paid before the dog shall be released.
(Code 2000, § 4-128)
Sec. 8-91. Notice of dog tax due.
Notice of the duty to pay a license tax on dogs within the city shall be published once each week for a period of two weeks prior to the maturity of the tax. In lieu of publication, notices may be given in writing and served by the animal control officer or such notice may be given by mail. Notice may also be given by posting the same in five public places in the city for a period of ten days before the maturity of the tax.
(Code 2000, § 4-129)
Sec. 8-92. Sale of licensed dogs.
A dog tag shall be valid throughout the calendar year for which it is issued, provided that the same is kept on the dog for which is issued. Any person who shall transfer or sell or otherwise dispose of any dog shall report the fact to the city clerk who shall make the correction in his dog tax register without charge.
(Code 2000, § 4-126)
Secs. 8-93– 8-112. Reserved.
DIVISION 3.
IMPOUNDMENT OF DOGS
Sec. 8-113. Authority to impound dogs.
It is the duty of the police department and animal control officer to seize and impound or to deliver to the animal control officer for impounding any dog over the age of three months found running at large on the streets, alleys or other public places within the city if the dog does not bear a collar to which is affixed a tag showing the license on same to be paid for at the time at hand and as provided by the city ordinance.
(Code 2000, § 4-130)
State law references: Authority of city to impound animals and sell for costs, 11 O.S. § 14-115; disposition of animals held in shelter, 4 O.S. § 501; animals as abandoned or unclaimed property, destruction of abandoned animals, 21 O.S. § 1686.
Sec. 8-114. Release of licensed dog.
If a licensed dog is impounded for the reason that it has no tag, it is the duty of the city clerk to issue a written order directed to the poundkeeper to release the dog. Such order shall not be issued until a new substitute tag is provided and placed on the dog before release.
(Code 2000, § 4-131)
Sec. 8-115. Impounded dogs; release to owner.
Any person appearing at the city pound who shall satisfy the keeper of the same of the fact of his ownership or rights to the possession of any dog therein impounded shall have such dog returned to him upon payment of the charges due as provided in the city fee schedule to the city clerk and for all impounding, feeding and caring costs.
(Code 2000, § 4-132)
Sec. 8-116. Keeping impounded dogs; disposal or sale; notice and records.
(a) All dogs seized and impounded by the animal control officer as provided for by the ordinances of the city shall be kept in the city pound for a period of three days from the time they are so impounded.
(b) If, after the period of three days from the time the dog has been seized and impounded, the dog has not been returned to the owner, after payment of costs, charges, and expenses of seizing, impounding and care, the animal control officer shall have the right and power to dispose of the dog by sale of same to anyone interested in the purchase of the dog.
(c) If the dog cannot be disposed of as a live dog, then the animal control officer shall kill the dog, and dispose of the body, either by sale, cremation or burial of same.
(d) All monies received from the sale of dogs impounded shall be turned over to the office of the city clerk for the use and benefit of the city.
(e) If any dog is impounded with a current or expired license tag, the dog catcher or his representative shall send written or telephone notice to the owner of the dog as listed on license records, notifying the owner that the dog will be disposed of if not claimed within three days from the date of seizure and impoundment.
(f) The city shall keep a current list of dogs impounded by date impounded and description available for review by any interested person.
(Code 2000, § 4-133; Ord. No. 443, 10-10-1977; Ord. No. 579, 2-26-1990)
Sec. 8-117. Feeding.
It is the duty of the pound officer or animal control officer to see that all dogs which are impounded shall have plenty of good water and food so long as the same are lawfully in his custody.
(Code 2000, § 4-134)
Secs. 8-118– 8-147. Reserved.
ARTICLE IV.
LIVESTOCK
Sec. 8-148. Keeping cows.
It is unlawful for any person to keep any cow at any place within the city for any purpose, except a suitable lot not less than 1,500 square feet in area for each cow. Such lot shall be provided with suitable housing and shelter for such animal and shall be kept clean and well-drained. All manure shall be removed as otherwise provided by the city ordinances. With each milk cow, one calf shall be allowed in the same place, provided the calf shall not exceed the age of six months. The keeping of any cow within the city shall be upon the condition that such cow or the premises wherein she is kept shall at no time become a nuisance to the public or any neighbors to the premises.
(Code 2000, § 4-104)
Sec. 8-149. Keeping hogs.
(a) It is unlawful and an offense for any person being the owner or having the custody of or control of any hog, shoat or pig to keep the same at any place within the city except as herein provided.
(b) No hog, shoat or pig shall be kept or maintained within the city except a permit shall first be procured from the city clerk. The permit shall not be valid until approved in writing by the city physician, which approval of same shall subsequently be exhibited to the city clerk who shall make the notation of approval on a duplicate thereof. Each permit shall state:
(1) The name of party to whom it is issued;
(2) The date of the issuance thereof;
(3) The term of permit, which shall not exceed six months from the date of issuance;
(4) The maximum of hogs, shoats and pigs to be kept by authority of the permit;
(5) The location of the enclosure and the ground area of same;
(6) That the permit is conditioned on the right of the city physician to revoke the permit when in his judgment the public health may require it;
(7) That the same is conditioned on the automatic revocation thereof when any citizen who resides within distance of 500 feet of the enclosure files a written affidavit to the effect that such keeping of hogs, shoats or pigs in the enclosure is a nuisance and against the health of the neighborhood or to the health of the complainant;
(8) That the permit shall in no case be construed as an authority to open, build, or maintain a hog pen to be used to keep hogs, shoats or pigs when the same is located within 300 feet of a building used for dwelling purposes, except that of the owner; and
(9) That the enclosure shall be kept clean and sanitary and well-drained and that the enclosure shall be erected in a place where good drainage may be obtained and shall be kept dry at all times.
(c) It is the duty of the city physician to notify the person who keeps a hog pen contrary to the provisions of this section to remove the same within three days from the date of the notice. Upon failure of the keeper of the hog pen to comply therewith, the hog pen shall be abated as required by ordinance; provided, that this shall be cumulative of and in addition to the other provisions of this section. In any case of abatement as provided in this section and when the owner or person in possession of any hogs, shoats or pigs fails or refuses to remove the same from the city limits as provided herein, the hogs, shoats or pigs shall be impounded by the dog catcher and disposed of as in the case of other impounded animals.
(Code 2000, § 4-105)
Sec. 8-150. Keeping horses and mules.
Any person who desires to keep any horse, mule or other beast of burden within the city limits shall comply with all the provisions relating to the keeping of cows as provided in this article.
(Code 2000, § 4-106)
Sec. 8-151. Rooster defined; unlawful to keep in city; nuisance.
(a) As used in this section, the term "rooster" is defined to be the male of domestic fowl, including, but not limited to, chickens, turkeys, geese, ducks or guineas.
(b) It is unlawful for any person to keep or maintain, or permit or suffer to be kept or maintained, any rooster as herein defined, within the limits of the city or upon or in any real property or premises within the corporate limits of the city, except that merchants engaged in the business of selling domestic fowl may keep roosters on their premises for sale, provided that all such roosters when kept for sale shall be confined in coops and kept in a sanitary condition.
(c) The keeping of roosters, as defined in this section, in violation of this section is hereby declared to be a nuisance.
(Code 2000, § 4-110)
Secs. 8-152– 8-170. Reserved.
ARTICLE V.
IMPOUNDMENT
Sec. 8-171. City animal shelter.
There is hereby established a city animal shelter, the same to be located at such place as the board of commissioners shall approve and to be provided by the board of commissioners. It shall be used for the purpose of enclosing, keeping and disposing of all animals which are impounded by virtue of any provision of the city ordinances.
(Code 2000, § 4-147)
State law references: Authority of city to impound animals and sell for costs, 11 O.S. § 14-115; disposition of animals held in shelter, 4 O.S. § 501; animals as abandoned or unclaimed property, destruction of abandoned animals, 21 O.S. § 1686.
Sec. 8-172. Return animal to owner.
If the owner of any impounded animal taken up by the animal control officer shall pay the animal control officer for costs, charges and expenses provided in the city fee schedule, and such animal is otherwise allowed to be returned, it shall be the duty of the animal control officer to return the same to the owner upon proof of ownership.
(Code 2000, § 4-148)
Sec. 8-173. Sale of animals.
(a) Each and every animal which has been taken up and impounded by the animal control officer for any violation of the city ordinances shall, unless sooner recovered, be sold by the animal control officer at public auction to the highest and best bidder. No such sale shall be made unless five days' notice of the time and place of such sale shall have been given in not less than four public places within the city, one of which notices shall be posted on the entrance to the animal shelter pen and another of which shall be posted at the entrance to the city hall.
(b) Such notices shall be in writing, describing the animal so that the same may be identified and shall state the place of sale where the animal shall be sold. It shall further state the amount of charges and costs for taking up, feeding, caring for and other costs and that unless the true owner shall, prior to the hour and date of the sale, recover the animal by paying all such costs as provided by the city ordinance, it shall be sold to the highest and best bidder at public auction.
(c) All proceeds from the sale of such animal shall be paid over to the true owner if the same can be found after all costs and charges have been paid first. If no such owner can be found, then the same shall be paid into the city treasury.
(Code 2000, § 4-149)
Sec. 8-174. Animal shelter; injuring.
It shall be unlawful for any person to injure, destroy or impair in any way the fence, building or other equipment of the city animal shelter or to willfully or negligently leave open any gate or set free any animal contained therein.
(Code 2000, § 4-150)
Sec. 8-175. Fees; impounding and caring for dogs and cats.
The city shall charge and collect fees as provided in the city fee schedule for seizing, impounding, caring for and feeding each dog and cat.
(Code 2000, § 4-151; Ord. No. 817, § 4-151, 7-21-2008)
Secs. 8-176– 8-203. Reserved.
ARTICLE VI.
RABIES CONTROL
Sec. 8-204. Vaccination required.
Each and every dog and cat within the city, whether kept in private or commercial kennels,licensed is required to be vaccinated against rabies on or before such dog or cat shall become three months of age and shall be vaccinated not less than once in each period of 12 months thereafter so long as such dog or cat is kept within the city. All vaccination shall be performed by a licensed veterinarian or as provided by state law.
(Code 2000, § 4-138)
Sec. 8-205. Dogs and cats confined; when.
(a) When the health officer or chief of police determines and certifies that a dog, a cat, or other animal in the city or within five miles of the city is or was infected with rabies and that an epidemic of rabies threatens the city, the board of commissioners, 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 board of commissioners. 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.
(Code 2000, § 4-160)
Sec. 8-206. 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 and the county health department. The animal, regardless of its immunization status, shall be securely quarantined at a veterinary hospital of the owner's choice at the owner's expense.
(b) The animal shall be observed by a licensed veterinarian for a period of ten days, and may not be released until such reasonable determination has been made that the animal is not infected with rabies, unless the bite was a severe bite by an unimmunized animal, as described in subsection (c) of this section.
(c) In circumstances of a severe bite (bite on the head, face, neck or upper extremities; or deep laceration; or multiple bite wounds) by an unimmunized animal, the biting animal should be humanely killed immediately, without damaging the head, and the head removed and shipped, under refrigeration, for examination at the state department of health. If the animal is not immediately available for testing, the individuals exposed should consult with their physician concerning the need for immediate initiation for rabies prophylaxis.
(d) In case of animals whose ownership is unknown, quarantine shall be at the city animal shelter. If an owner becomes known, the animal may be reclaimed by the owner if adjudged free of rabies, and such owner shall then pay any related charges for confinement.
(e) Signs of rabies in wild animals cannot be interpreted reliably; therefore, any wild animal that exposes a person should be killed at once (without unnecessary damage to the head) and the head submitted for examination for evidence of rabies.
(f) It is the duty of every physician, veterinarian or other practitioner to report to the animal control officer the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control.
(g) It is the duty of every licensed veterinarian to report to the animal control officer his diagnosis of any animal observed by him to be a rabies suspect.
(Code 2000, § 4-161)
State law references: Personal injury caused by dog bite, 4 O.S. § 42.1; registration of dangerous dogs, 4 O.S. § 44; liability insurance and warning signs for dangerous dogs, 4 O.S. § 45.
Sec. 8-207. 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, 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.
(Code 2000, § 4-162)
Sec. 8-208. 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 mayor a citywide quarantine, and upon the invoking of such quarantine by the mayor 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.
(Code 2000, § 4-163)
Sec. 8-209. Destruction of animals under crisis period.
(a) During the period of rabies quarantine as mentioned in section 8-208, 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-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.
(b) In the event there are additional positive cases of rabies occurring during the period of the quarantine, such period of quarantine may be extended for an additional six months.
(c) No person shall kill or cause to be killed any rabid animal, any animal suspected of having been exposed to rabies, or any animal biting or scratching a human, except as herein provided, nor to remove same from the city limits without written permission from the health officer of the city or the animal control officer.
(d) The carcass of any dead animal exposed to rabies shall upon demand be surrendered to the animal control officer.
(e) The animal control officer shall direct the disposition of any animal found to be infected with rabies.
(Code 2000, § 4-164)
Sec. 8-210. 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.
(Code 2000, § 4-165)
Secs. 8-211– 8-228. Reserved.
ARTICLE VII.
BIRD SANCTUARY
Sec. 8-229. Established.
The entire area embraced within the following described parcel, to-wit: The city park is hereby designated as a bird sanctuary.
(Code 2000, § 4-201)
Sec. 8-230. Protection of birds within sanctuary.
It is unlawful to trap, hunt, shoot, attempt to shoot, or to molest in any manner any bird or wild fowl, or to rob bird nests or wild fowl nests within the sanctuary designated in section 8-229, except as hereinafter provided in section 8-232.
(Code 2000, § 4-202)
Sec. 8-231. Alleviation of nuisance in sanctuary.
If any birds or fowl are found to be congregating in such numbers within the sanctuary that they constitute a nuisance or a menace to health or property in the opinion of the duly constituted authorities of the city, then in such event the duly constituted authorities shall meet with representatives of the Audubon Society, bird club, garden club or humane society, or as many of the clubs as are found to exist in the city, after having given at least three days' actual notice of the time and place of the meeting to the representatives of the clubs.
(Code 2000, § 4-203)
Sec. 8-232. Destruction of birds compounding nuisance.
If as a result of the meeting as set forth in section 8-232, no satisfactory alternative is found to abate such nuisance, then the birds may be destroyed in such numbers and in such manner as is deemed advisable by the duly constituted authorities, under the supervision of the chief of police of the city.
(Code 2000, § 4-204)
Secs. 8-233– 8-257. Reserved.
ARTICLE VIII.
KENNELS
Sec. 8-258. Zoning location; approval of city required.
It is unlawful for any person to run, maintain or operate any kennel, stable or business for the sale, exchange, breeding or raising of animals of any kind within the city:
(1) In any location in the city which is not specifically zoned for the operation of kennels, stables, or businesses for the sale, exchange, breeding or raising of dogs or animals of any kind, or fowls of any kind; and
(2) Without the prior approval of the board of commissioners of the city granted at a meeting of the board of commissioners.
(Code 2000, § 4-108; Ord. No. 396A, 7-1-1974)
State law references: Animal Facilities Protection Act, 21 O.S. § 1680 et seq.; kennels, 11 O.S. § 22-115.1.
Sec. 8-259. Licensing.
It is unlawful for any person to run, maintain or operate any kennel for the sale, exchange, breeding or raising of dogs within the city without first procuring a license for the same from the city clerk. The fee for such license shall be as provided in the city fee schedule, payable at the same time and on the same conditions as for a dog tax license. Such license shall not authorize any dog within such kennel to run loose or at large, but all dogs belonging to any kennel for which a license has been paid shall be kept closely within the enclosure of such kennel. All kennels shall be kept clean and sanitary. By the term "kennel" is meant any place where two or more dogs are kept for breeding, sale or exchange purposes.
(Code 2000, § 4-109)