These ordinances comprise the cities of Oklahoma City and Sallisaw, Oklahoma's animal control provisions.

Oklahoma City, Oklahoma

Sallisaw, Oklahoma

Oklahoma City, Oklahoma

Oklahoma City Municipal Code

Chapter 8 ANIMALS AND FOWL*

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*Cross references: Definitions and rules of construction generally, § 1-2; health and sanitation generally, Ch. 23; mistreatment of dogs in police service, § 30-61; applicability of traffic ordinances to animals, § 32-4; animal noise prohibited, § 34-4(1); nuisances, Ch. 35; restrictions on fishing at city-operated reservations generally, § 38-181 et seq.; restrictions on hunting or trapping animals at City-operated reservations, § 38-211 et seq.; dogs at Atoka Reservoir Reservation, § 38-323; hunting at Atoka Reservoir Reservation, § 38-341 et seq.; fishing at Atoka Reservoir Reservation, § 38-368 et seq.; rat control, Ch. 46; domestic animals prohibited at landfills, § 49-199; animals on sidewalks, § 50-11.

State law references: Animals generally, 4 O.S. § 31 et seq.; general authority of municipalities to regulate animals, 11 O.S. § 22-115.

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Article I. In General

Division 1. Intent

Division 2. Definitions

Division 3. Enforcement

Division 4. Miscellaneous Provisions

Division 5. Fees and Charges

Article II. Domestic Animals

Division 1. Vicious Dogs

Division 2. Generally

Division 3. Control and Confinement

Division 4. Vaccination

Article III. Rabbits

Division 1. Generally

Division 2. Care of Rabbits

Division 3. Permits

Article IV. Livestock

Article V. Rabies

Division 1. Generally

Division 2. Restrictions on Rabies Vaccine

Article VI. Disease Control

Division 1. Generally

Division 2. Live Turtles

Article VII. Kennel and Animal Shelter Regulations

Division 1. Generally

Division 2. Kennel Licenses

Division 3. Kennel Requirements

Division 4. Disease Control

Article VIII. Non-Human Primates

ARTICLE I. IN GENERAL

DIVISION 1. INTENT

§ 8-1. General intent.

The intent of this chapter is to protect animals from neglect and abuse, to preserve the peace, and to promote the health, safety and welfare of the citizens of the City by establishing rules and regulations over any person owning, harboring or controlling any animal or fowl within the City.

(Ord. No. 16356, § 1(7-1.1), 8-25-81; Code 1980, § 8-1)

§§ 8-2--8-4. Reserved.

DIVISION 2. DEFINITIONS

§ 8-5. Definitions.

(a)     The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)     Animal means any dog, cat or other vertebrate, warm-blooded member of the animal kingdom, domestic or wild, excluding man and fowl.

(2)     Animal bite means any penetration of the skin by the teeth or claws of an animal.

(3)     At large refers to an animal or fowl which is free of physical restraint beyond the boundaries of the property of its owner or keeper.

(4)     Fowl means a bird of any kind, domestic or wild.

(5)     Herptile means any reptile or amphibian including but not limited to snakes, lizards, chelonians, crocodilians, frogs, toads, salamanders, and caecilians and other cold-blooded vertebrates excluding fish.

(6)     Hutch includes any box, coop, or structure separated from other structures on all sides by either wire, boards, or other materials, and which is designed as a separate compartment for the keeping of rabbits.

(7)     Kennel means any place other than a Federal, State or municipal facility, veterinary hospital or medical research institute, where more than four dogs and/or more than four cats beyond the age of six months are kept, harbored, boarded, sheltered, or bred.

(8)     Livestock means any cattle, horses, sheep, goats, llamas, donkeys, mules, and swine.

(9)     Pet placement partner means a municipal Animal Shelter, which is exempt from entering into formalized agreements with the City, or an animal welfare organization or approved breed rescue group which has:

(a)     provided Animal Welfare Division with a cover letter accompanied by a copy of the certificate of incorporation and a copy of their bylaws. The cover letter shall address the approved animal rescue group's procedures for animal care and adoption, and a list of no more than five individuals who are authorized to sign for receipt of animals from the Division.

(b)     entered into an agreement with the City for receipt of the animals, which require, among other things, that animals received from the Division be vaccinated and spayed/neutered.

(10)     Rabies exposure means any and all forms of exposure or suspected exposure to rabies virus or resulting from a scratch, bite, or contact with saliva, or neurological tissue and fluids of infected animals, or animals suspected of such rabies infection.

(11)     Tagged animal means any animal able to be identified by visible marking, such as a metal tag, or by a scannable microchip.

(b)     All references to " Animal Welfare Division," "Animal Shelter" or " Animal Welfare Division Superintendent," and all references to "animal control supervisor or officer," shall mean and refer to the respectively designated division, shelter, superintendent, supervisor, officer or person of and within the Animal Welfare Division of the City.

(Ord. No. 16356, § 1(7-1.2), 8-25-81; Code 1980, § 8-5; Ord. No. 20141, § 2, 5-3-94; Ord. No. 21716, § 1, 5-15-01)

Cross references: Definitions and rules of construction generally, § 1-2.

§§ 8-6--8-16. Reserved.

DIVISION 3. ENFORCEMENT

§ 8-17. Duties of Animal Welfare Division Superintendent.

(a)     Duty to impound animals. The Animal Welfare Division Superintendent shall impound all animals, except cats, found running at large in the City and shall confine them in the Animal Shelter designated by the City Council.

(b)     Duty to provide animal care. The Superintendent shall provide suitable and necessary care and sustenance for all impounded animals.

(Ord. No. 16356, § 1(7-1.3), 8-25-81; Code 1980, § 8-17)

§ 8-18. Animal control officers authorized to enforce ordinances dealing with animals; arrest; issuance of citations.

(a)     Authorization of animal control officers. Animal control officers, as designated by the Superintendent or his representative, are authorized to enforce the provisions of ordinances dealing with animals. In carrying out such duties, an animal control officer may arrest any person violating or attempting to violate in his presence the provisions of this chapter. The officer must, before making the arrest, inform the person to be arrested of the cause thereof, and require him to submit, except when the person is in actual commission of the offense or when he is arrested on pursuit immediately after its commission. An animal control officer may issue a citation to any violator to appear in Municipal Court.

(b)     Issuance of citation. In issuing a citation, the animal control officer shall proceed as follows:

(1)     The officer shall prepare a written citation to appear in Municipal Court containing the name and address of the cited person, the nature, location and date of the alleged offense, and the time and date of the Municipal Court appearance. Unless the person requests an earlier date, the time specified in the citation to appear shall be at least five days after the issuance of the citation.

(2)     The citation, and any copies thereof, shall be signed by the cited person and one signed copy thereof shall be given to him.

(3)     The officer shall thereupon release the cited person from custody.

(4)     The officer shall file one copy of the citation with the Municipal Court within three days after issuing the citation.

(Ord. No. 16356, § 1(7-1.4(a), (b)), 8-25-81; Code 1980, § 8-18)

§ 8-19. Failure to appear in response to citation.

If a person fails to appear in response to a citation issued pursuant to this division, a warrant for his arrest shall be issued. Any person who willfully fails to appear in response to a citation is guilty of an offense.

(Ord. No. 16356, § 1(7-1.4(c)), 8-25-81; Code 1980, § 8-19)

§ 8-20. Authority of animal control officer.

For the purpose of carrying out and enforcing the provisions of this chapter, the animal control officer shall have authority to enter upon private premises for the purpose of carrying out the provisions of this chapter, provided such entry is made pursuant to the provisions of Chapter 2, Article III, Division 2 of this Code.

(Ord. No. 16356, § 1(7-1.5, 7-1.7), 8-25-81; Code 1980, § 8-20)

§ 8-21. Interference with animal control officer.

No person shall interfere with, hinder, delay, or obstruct in any manner whatsoever any animal control officer in the performance of his official duties.

(Ord. No. 16356, § 1(7-1.6), 8-25-81; Code 1980, § 8-21)

§§ 8-22--8-41. Reserved.

DIVISION 4. MISCELLANEOUS PROVISIONS

§ 8-42. Duty to report injury or death of animals or 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 Division 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 Division at the earliest convenient time, but in any event within ten hours.

(Ord. No. 16356, § 1(7-1.8), 8-25-81; Code 1980, § 8-39)

§ 8-43. Animals, fowl and herptiles running at large prohibited.

No owner, keeper or other person in control of any animal, fowl or herptile, except homing pigeons kept for racing and message carrying purposes, shall permit the same to run or fly at large in this City, or to trespass upon the premises of any other person. Provided, however, this section shall not apply to persons utilizing a designated City-approved dog park in accordance with Section 38-107 of this Code.

(Ord. No. 16356, § 1(7-1.10), 8-25-81; Code 1980, § 8-41; Ord. No. 22206, § 4, 4-29-03)

§ 8-44. Urinating or defecating on sidewalks, public parks, alleys, other places open to the public or on certain private property prohibited.

It shall be unlawful for the owner, keeper, or person having control of any animal or fowl to permit such animal or fowl to urinate or defecate upon sidewalks, public parks, alleys, other places open to the public, or on private property without permission of the owner thereof. In the event that the owner, keeper or person having control of an animal or fowl is unable to prevent the deposit of waste material in violation of this section, it shall be the duty of such person to properly dispose of such waste material.

(Ord. No. 16356, § 1(7-1.11), 8-25-81; Code 1980, § 8-42)

§ 8-45. Possession of stray animals.

No person shall, without the knowledge and consent of the owner, possess for more than 24 hours any animal which he does not own without first reporting such possession to the Division and 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.

(Ord. No. 16356, § 1(7-1.12), 8-25-81; Code 1980, § 8-43)

§ 8-46. Reclamation of impounded animals; proof of ownership defined; disposition of unclaimed animals other than livestock; disposition of unclaimed livestock; spaying or neutering animals prior to adoption.

(a)     Reclamation of impounded animals. Unless the particular animal is being held for rabies observation or for a judicial determination of whether it is vicious or dangerous, the owner of an impounded animal may reclaim the animal by paying all necessary fees as set forth in this chapter and by providing the Division with proof of ownership of the animal.

(b)     "Proof of ownership" defined. "Proof of ownership" as used in this section shall mean a bill of sale or other evidence acceptable to the Superintendent which shows ownership. Animals without a bill of sale or identifiable marking (tattoo, brand, etc.) shall be released only after the Superintendent or his designee is satisfied that the person is the rightful owner of the animal.

(c)     Disposition of unclaimed animals other than livestock.

(1)     Unclaimed animals, including dogs and cats, but other than livestock, which are not reclaimed within the time described below may be adopted, transferred to Pet Placement Partners, euthanized or held in custody for a longer period of time at the discretion of the Superintendent after a reasonable effort has been made to notify the owner.

(a)     untagged animals shall be impounded for a minimum of three full working days, not including the day of arrival and excluding holidays; and

(b)     tagged or micro-chipped animals shall be impounded for a minimum of five full working days, not including the day of arrival and excluding holidays, before other disposition;

(c)     the Superintendent shall make reasonable efforts to locate and notify owners of unclaimed animals;

(d)     the Superintendent shall prepare and maintain at the Animal Shelter a current descriptive list of impounded animals;

(e)     the Superintendent shall prepare a descriptive list of currently impounded animals being held for rabies observation, and once weekly, shall post the list in three public places.

(2)     Whenever the Superintendent finds that any impounded animal, other than livestock, is suitable for placement, the animals may be placed for adoption or may be transferred to an approved Pet Placement Partner, who may assume custody of the animal pursuant to agreements approved by the City. Animals found not suitable for placement shall be humanely euthanized upon expiration of their holding period.

(3)     Any animal, other than dogs, cats or livestock, shall be held for three full working days, not including the day of arrival, and thereafter may be transferred to an approved Pet Placement Partner, adopted, relocated pursuant to law, or humanely euthanized.

(4)     Pursuant to the provisions of 4 O.S. § 394, no live animal in the custody of the Division shall be made available for scientific research or for other scientific purposes.

(d)     Disposition of unclaimed livestock. The Animal Welfare Division shall comply with the following procedures with regard to unclaimed livestock:

(1)     The Superintendent shall make reasonable efforts to locate and notify owners of unclaimed livestock;

(2)     The Superintendent shall prepare and maintain at the Animal Shelter a current descriptive list of impounded livestock;

(3)     The Superintendent shall prepare a descriptive list of currently impounded livestock being held for rabies observation, and, once weekly, shall post the list in three public places;

(4)     All impounded and unclaimed livestock shall be held for a period of at least ten days from the date of impoundment; and

(5)     Whenever the Superintendent finds that any livestock is suitable for placement, the animal may be placed for adoption, be sold at public sale, or may be transferred to an approved Pet Placement Partner, who may assume custody of the animal pursuant to agreements approved by the City. Animals found not suitable for placement shall be humanely euthanized upon expiration of their holding period.

(e)     Spaying or neutering animals prior to permanent adoption. No unclaimed dogs and cats from the Division shall be let for permanent adoption by the Division or by a Pet Placement Partner who receives such dogs and cats, without the spaying or neutering of the animal prior to the animal being placed or adopted into a permanent home, except under the following circumstances:

(1)     Animals adopted or placed pursuant to the provisions of Paragraph (c)(2) and (d)(5) of this section; and

(2)     Animals placed on a "health hold," which indicates that sterilization at that time would be injurious to the animal's health as attested to in a sworn affidavit by a licensed veterinarian who has examined the animal and has determined that the animal's health would be jeopardized by such surgery. Any animal, which has been identified as unsuitable for sterilization for health reasons, must be immediately sterilized if the animal's health improves and the animal can be sterilized without jeopardizing the animal's health. In such cases, sterilization shall occur no later than ten calendar days after the veterinarian has released the animal from its "health hold."

(3)     Persons adopting a dog or cat from the Division shall pay a fee at the time of adoption to cover the cost and expense of spaying or neutering the adopted animal. The amount of such fee shall be as established in Chapter 60, the General Schedule of Fees.

(4)     The spaying and neutering of animals under this subsection shall be limited to only those animals within the custody of the Division or were obtained from the Division through adoption or other placement.

(Ord. No. 16356, § 1(7-1.13), 8-25-81; Ord. No. 16928, § 1, 10-19-82; Ord. No. 16929, § 1, 10-19-82; Ord. No. 17055, § 1, 2-8-83; Code 1980, § 8-44; Ord. No. 19543, § 1, 3-26-91; Ord. No. 21546, § 1, 9-6-00; Ord. No. 21716, § 2, 5-15-01)

Cross references: Dog and cat adoption fees, § 60-8-4.

§ 8-47. Keeping vicious animals or herptiles prohibited; exception.

(a)     Keeping vicious animals or herptiles prohibited. No person shall keep or allow to be kept on his/her property any vicious animals or herptiles.

(b)     Exception. This section shall not apply to any veterinary hospital, zoo, ranch or other place where such animals are adequately cared for with due regard for public health and safety.

(Ord. No. 16356, § 1(7-1.14), 8-25-81; Code 1980, § 8-45)

§ 8-48. De-scenting skunks prohibited.

It shall be unlawful for anyone to de-scent a skunk for the purpose of domesticating it.

(Ord. No. 16356, § 1(7-5.9(a)), 8-25-81; Code 1980, § 8-48)

§ 8-49. Cruelty to animals, herptiles and fowl prohibited.

Proper care and treatment of animals, herptiles and fowl are required. No person shall maltreat or improperly confine any animal, herptile or fowl.

(Ord. No. 16356, § 1(7-1.16(a)), 8-25-81; Ord. No. 17903, § 1, 10-30-84; Code 1980, § 8-49)

§ 8-50. Animal, herptile and fowl food requirements.

Food shall be free from contamination and of sufficient quantity and nutritive value to maintain animals, herptiles or fowl in good health. Animals, herptiles and fowl shall be fed at least once a day except as dictated by hibernation, veterinary treatment, normal fasts or other professionally accepted practices. All food receptacles shall be kept clean and sanitary.

(Ord. No. 16356, § 1(7-1.16(b)), 8-25-81; Ord. No. 17903, § 1, 10-30-84; Code 1980, § 8-50)

§ 8-51. Animal, herptile and fowl water requirements.

Potable water shall be provided as often as necessary for the health and comfort of each animal, herptile and fowl. Frequency of watering shall consider age, species, condition, size and type of animal, herptile and fowl. Animals, herptiles and fowl shall be watered as required by applicable State and Federal laws. All water receptacles shall be kept clean and sanitary.

(Ord. No. 16356, § 1(7-1.16(c)), 8-25-81; Ord. No. 17903, § 1, 10-30-84; Code 1980, § 8-51)

§ 8-52. Animal, herptile and fowl space requirements.

Enclosures for animals, herptiles and fowl shall be constructed and maintained to provide sufficient space for each animal, herptile or fowl to make normal postural and social adjustments and to provide each animal, herptile or fowl with adequate freedom of movement to maintain good physical condition.

(Ord. No. 16356, § 1(7-1.16(d)), 8-25-81; Ord. No. 17903, § 1, 10-30-84; Code 1980, § 8-52)

§ 8-53. Indoor shelter requirements.

Facilities shall be sufficiently heated, cooled and ventilated as to protect the animals, herptiles or fowl from extremes of temperature and to provide for their health and to prevent their discomfort. Lighting of primary enclosures shall be designed to protect the animals, herptiles or fowl from excessive illumination. Such lighting shall be uniformly distributed and of sufficient intensity to permit routine inspection and cleaning.

(Ord. No. 16356, § 1(7-1.16(e)), 8-25-81; Ord. No. 17903, § 1, 10-30-84; Code 1980, § 8-53)

§ 8-54. Outdoor shelter requirements.

Natural or artificial shelters appropriate to the local climatic conditions for the particular species of animal or fowl shall be provided for all animals or fowl kept outdoors. A suitable method of drainage shall be provided to rapidly eliminate excess water.

(1)     A shelter for a dog or cat shall consist of a moistureproof and windproof structure of suitable size to accommodate the animal and to allow retention of body heat. It shall be made of durable material, and shall be provided with a sufficient quantity of suitable bedding material to provide insulation and protection against cold and dampness and to promote retention of body heat.

(2)     A shelter for livestock shall be at least a two-sided roofed structure made of durable material.

(Ord. No. 16356, § 1(7-1.16(f)), 8-25-81; Ord. No. 17903, § 1, 10-30-84; Code 1980, § 8-54)

§ 8-55. Shelter sanitation requirements.

All shelters and enclosures shall receive necessary cleaning to remove excreta, waste materials, dirt and trash to minimize disease hazards and to reduce odors.

(Ord. No. 16356, § 1(7-1.16(g)), 8-25-81; Ord. No. 17903, § 1, 10-30-84; Code 1980, § 8-55)

§ 8-56. Abandonment of animals, herptiles and fowl prohibited.

It shall be unlawful for any person to abandon any animal, herptile or fowl.

(Ord. No. 16356, § 1(7-1.16(h)), 8-25-81; Ord. No. 17903, § 1, 10-30-84; Code 1980, § 8-56)

State law references: Abandoning domestic animal in public place, 21 O.S. § 1691.

§ 8-57. Uncared for animals, herptiles and fowl.

Whenever the Superintendent finds that any animal, herptile or fowl is without proper care, he may impound the animal, herptile or fowl for protective care. In the event of sickness or injury of the animal, herptile or fowl and upon the advice of a licensed veterinarian, the Superintendent may take appropriate action to prevent undue pain and suffering. This shall include the option of immediate humane destruction of the animal, herptile or fowl.

(Ord. No. 16356, § 1(7-1.16(i)), 8-25-81; Ord. No. 17903, § 1, 10-30-84; Code 1980, § 8-57)

§ 8-58. Poisoning of animals or fowl.

It shall be unlawful for any person by any means to make accessible to any animal or fowl, with the intent to cause harm or death, any harmful or poisonous substances. It is not the intent of this section to prohibit the use of poisonous substances for the control of vermin under the direction of the Health Department.

(Ord. No. 16356, § 1(7-1.16(j)), 8-25-81; Ord. No. 17903, § 1, 10-30-84; Code 1980, § 8-58)

§ 8-59. Hobbling livestock.

It shall be unlawful for any person to hobble livestock or other animals by any means which may cause injury or damage to the animal.

(Ord. No. 16356, § 1(7-1.16(k)), 8-25-81; Ord. No. 17903, § 1, 10-30-84; Code 1980, § 8-59)

§ 8-60. Animal and fowl fights prohibited.

It shall be unlawful for any person to promote, stage, hold, manage, conduct, carry on or attend any game, exhibition, contest or fight in which an animal or fowl is used for the purpose of fighting, injuring, killing, maiming, or destroying any other animal or fowl.

(Ord. No. 16356, § 1(7-1.16(l)), 8-25-81; Ord. No. 17903, § 1, 10-30-84; Code 1980, § 8-60)

§ 8-61. Confining, impounding or crating fowl.

It shall be unlawful for any person to confine any fowl unless provisions are made for the proper feeding and watering of the fowl as provided by the applicable Federal and State laws. No person shall impound any fowl or bird in a crate, box or other enclosure which does not permit the impounded fowl to stand in a natural erect position.

(Ord. No. 16356, § 1(7-1.16(m)), 8-25-81; Ord. No. 17903, § 1, 10-30-84; Code 1980, § 8-61)

§ 8-62. Song birds; killing and robbing of nest prohibited.

It shall be unlawful for any person to willfully kill any song bird or to molest or rob the nest of any fowl, other than chickens.

(Ord. No. 16356, § 1(7-1.16(n)), 8-25-81; Ord. No. 17903, § 1, 10-30-84; Code 1980, § 8-62)

§ 8-63. Keeping of diseased animals prohibited.

(a)     Keeping of diseased or painfully crippled animals. No person shall have, keep or harbor an animal which is inflicted with any dangerous, communicable or incurable disease, or which is in a painfully crippled condition. All such animals shall be humanely destroyed or turned over to the Division for disposition. This section shall not be construed to include veterinary hospitals or animals under active veterinarian care with due regard for public health and safety.

(b)     Contagious diseases. No owner, or other person in control of any animal, who knows the animal to have or to have been exposed to any contagious or infectious disease transmittable to humans, shall dispose of the animal to another person without a full disclosure of this knowledge, to that person, or allow the animal to run at large or come in contact with other animals.

(Ord. No. 16356, § 1(7-1.16(o)), 8-25-81; Ord. No. 17903, § 1, 10-30-84; Code 1980, § 8-63)

Cross references: Disease control, § 8-329 et seq.

§ 8-64. Leaving animal or fowl in vehicle without adequate ventilation prohibited.

No person shall leave any animal or fowl in any standing or parked vehicle without providing for adequate ventilation.

(Ord. No. 16356, § 1(7-1.16(p)), 8-25-81; Ord. No. 17903, § 1, 10-30-84; Code 1980, § 8-64)

§ 8-65. Baby chickens, ducklings, rabbits; sale as toys, novelties, premiums.

It shall be unlawful for any person to sell, offer for sale, barter, or give away baby chickens or ducklings or rabbits as toys, premiums or novelties.

(1)     This section shall not be construed to prohibit the sale or display of baby chickens or ducklings, or baby rabbits, in proper facilities, by breeders or stores engaged in the business of selling them to be raised for commercial or noncommercial purposes.

(2)     This section shall not be construed to prohibit the raising of such rabbits and fowl by a private individual for his personal use and consumption provided he maintains proper brooders and other facilities for the care and containment of the animals while they are in his possession.

(Ord. No. 16356, § 1(7-1.16(q)), 8-25-81; Ord. No. 17903, § 1, 10-30-84; Code 1980, § 8-65)

§ 8-66. Artificial coloring prohibited; transporting artificially colored animals prohibited.

It shall be unlawful for any person to dye or artificially color or cause to be dyed or artificially colored any animal or fowl or to bring or transport any dyed or artificially colored animal or fowl into the City.

(Ord. No. 16356, § 1(7-1.16(r)), 8-25-81; Ord. No. 17903, § 1, 10-30-84; Code 1980, § 8-66)

§ 8-67. Possession, sale, barter or gift of artificially colored animals prohibited.

It shall be unlawful for any person to possess, offer for sale, sell, barter or give away any dyed or artificially colored animal or fowl.

(Ord. No. 16356, § 1(7-1.16(s)), 8-25-81; Ord. No. 17903, § 1, 10-30-84; Code 1980, § 8-67)

§ 8-68. Exceptions for law enforcement officers.

The provisions of Section 8-49 through 8-67 shall not be construed as preventing or restricting law enforcement officers or animal control officers from killing animals when lawfully entitled to do so.

(Ord. No. 16356, § 1(7-1.16(t)), 8-25-81; Ord. No. 17903, § 1, 10-30-84; Code 1980, § 8-68)

§ 8-69. Penalty for cruelty to animals and fowl.

Any person violating any provisions of Sections 8-49 through 8-68, both inclusive, of this Code, as amended (relating to cruelty to animals and fowl), shall be guilty of a Class "b" offense and upon conviction thereof shall be subject to a maximum fine in an amount not to exceed $750.00, excluding costs or imprisonment in the City Jail for a period of not more than six months or both such fine and imprisonment.

(Code 1980, § 8-69; Ord. No. 19495, § 1, 11-20-90; Ord. No. 20446, § 1, 10-24-95)

State law references: Penalty for ordinance violations, 11 O.S. § 14-111.

§§ 8-70--8-90. Reserved.

DIVISION 5. FEES AND CHARGES

§ 8-91. Setting of fees and charges.

(a)     All fees and charges for impoundment of animals and for all permits and registrations pertaining to animals and all other fees specifically required by ordinance shall be as set by the City Council upon recommendation of the City Manager. The amount of such fees and charges shall be as established in Chapter 60, the General Schedule of Fees. All other fees and charges required by the Animal Welfare Division for adoption, reclamation, rabies observation, medical treatment, and any other miscellaneous fees and charges, shall be as set by the City Manager upon the recommendation of the Superintendent. Fees set by the City Manager shall be:

(1)     consistent with the total costs in providing the services; and

(2)     reasonable and not overburdensome to the average citizen using the services.

(b)     All other fees and charges shall be as set by the City Manager, as in accordance with the provisions of this chapter. A list of all fees and charges so levied will be maintained by the City Clerk and the Superintendent of the Animal Welfare Division.

(Code 1980, § 8-101; Ord. No. 19378, § 1, 3-13-90)

Cross references: Impoundment and adoption fees, §§ 60-8-2--60-8-4.

§§ 8-92--8-110. Reserved.

ARTICLE II. DOMESTIC ANIMALS*

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*Cross references: Specific prohibitions against animal noise disturbance, § 34-4.

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DIVISION 1. VICIOUS DOGS

§ 8-111. Vicious dogs unlawful.

It shall be unlawful for any person to harbor, possess, or maintain, within the City limits, any dog which is determined to be vicious as defined by the ordinances of the City.

(Ord. No. 16356, § 1(7-2.2), 8-25-81; Code 1980, § 8-140; Ord. No. 19166, § 1, 3-21-89)

§ 8-112. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)     Owner means any person, firm, or corporation keeping, possessing, harboring or having the care or custody of a dog.

(2)     Vicious dog means:

a.     a dog which, while unleashed and off the premises of its owner, has attacked a human being or a domestic animal without provocation; or

b.     a dog which, while unleashed and off the premises of its owner, has bitten a human being or a domestic animal without provocation; or

c.     any dog owned or harbored primarily, or in part, for the purpose of dogfighting, or any dog trained for dogfighting.

(3)     K-9 dog means a dog trained and being used as a canine security animal.

(Code 1980, § 8-140.1; Ord. No. 19166, § 2, 3-21-89)

Cross references: Definitions and rules of construction generally, § 1-2.

§ 8-113. Impoundment of dogs.

(a)     Animal control officers of the City shall make a reasonable effort to take into custody and impound in the City Animal Shelter any dog, where the officer determines in good faith from personal observation or other evidence, that the dog is an immediate threat to the public health and safety and such animal is upon the public streets or lands and unleashed. Any law enforcement officer of the City shall take into custody and impound in the City Animal Shelter any unleashed dog which is upon public property upon the determination by such officer that the dog is an immediate threat to the public health and safety and that delay of impoundment to await an animal control unit will jeopardize the public safety. No costs for impoundment in the City Animal Shelter shall be assessed against the owner of a dog for the period during which the animal is impounded, if such dog is determined not to be a vicious dog under the provisions of this section.

(b)     Dogs restrained by leashes while upon the public streets, ways or property and dogs confined to an owner's premises by fences or direct restraint shall not be impounded except by order issued by a Judge of the Municipal Court upon a showing of probable cause that such animal has engaged in an action within the scope of Section 8-112(2).

(c)     Any person in custody of a leashed dog while upon the public streets, ways or property shall upon request of an animal control officer furnish his or her name, address, telephone number and registration number of the leashed animal to the requesting officer. No officer shall make any such request of a person unless the officer has determined that there is a reasonable suspicion that the dog in the custody of the person concerned is a "vicious dog" within the scope and intent of this division.

(d)     A Judge of the Municipal Court, upon the presentment of a verified complaint by an animal control officer or any law enforcement officer, shall determine whether probable cause exists to believe that at a specified location within the City a "vicious dog" is being kept. If the Municipal Judge determines that probable cause exists, the Judge shall issue an order of the Municipal Court describing the dog with reasonable certainty, setting forth the approximate time, place and actions giving rise to the alleged vicious nature of the dog, and specifying the address at which such dog is being kept. The Judge shall direct the officer to serve a certified copy of the order upon a person age 18 or older who is a resident at the premises where such animal is located. Any such person, upon the service of the aforesaid certified copy of the court's order, shall be bound to deliver over to the law enforcement officer the dog which is the subject of the order. Any such impoundment order issued by a Municipal Judge may, in the alternative, authorize and direct the law enforcement officer to take into custody the subject animal from private premises by means not giving rise to a breach of the peace, in the event that such animal can be seized without entering into any domestic residence or commercial building and no person 18 or older is upon the premises where the subject dog is found. In the case of an impoundment accomplished without personal service of an impoundment order, a copy of the impoundment order shall be left on the premises in a manner calculated to be discovered by the occupant and sent to "occupant" by certified mail.

(e)     Dogs impounded under the authority of this section shall be retained in the City Animal Shelter or at the written request of the owner, and at his sole liability for the costs, at a duly licensed veterinary clinic or kennel until the Municipal Counselor declines to file an information in the case alleging a violation of this division or until a further order of the Municipal Court has been issued requiring release or destruction of the impounded dog.

(Code 1980, § 8-140.2; Ord. No. 19166, § 2, 3-21-89)

§ 8-114. Officer to file report.

The officer who impounds a dog pursuant to this division shall make a written report, and deliver it to the Clerk of the Municipal Court, with a copy to the duty officer in the Municipal Counselor's Office (Criminal Justice Division), within 24 hours of the impoundment.

(Code 1980, § 8-140.3; Ord. No. 19166, § 2, 3-21-89)

§ 8-115. Notice of hearing to determine nature of impounded dog.

(a)     The Municipal Counselor shall determine by the end of the third working day after receipt of the impoundment report whether prosecution will be undertaken or declined under this division with respect to the impounded dog. If prosecution is determined, the Municipal Counselor shall file an information with the Municipal Court Clerk and a copy shall be served by the Marshal of the Court upon the person who had physical custody of the subject dog at the time of impoundment or, in the case of an impoundment accomplished from private property without personal service of a court order, service of the information shall be made upon a person age 18 or older who is a resident at the premises from which the dog was impounded.

(b)     In the case of a dog impounded off the premises of the owner, the impounding officer shall make reasonable effort through the use of any identification tags found on the dog in order to bring about personal service of the information on the owner as set forth in this section.

(c)     Return of the service of such order shall be promptly filed by the Marshal with the Municipal Court Clerk. The information shall state on its face the date, time and place at which a hearing will be conducted by the Municipal Court to determine the nature of the impounded animal under this division and the action to be taken with respect to such animal and its owner.

(Code 1980, § 8-140.4; Ord. No. 19166, § 2, 3-21-89)

§ 8-116. Hearing and adjudication.

(a)     If the owner does not appear at the hearing, the Judge may order the dog destroyed upon the presentation of a prima facie case establishing the dog is a vicious dog under this division.

(b)     The Municipal Court Judge may order the destruction of the dog, a fine and court costs, or both, at the court's discretion, after the presentation of all evidence at hearing if the Judge finds the dog is a vicious dog. If requested by the Municipal Counselor or by the owner, the subject dog shall be viewed by the Court before an order to destroy the dog may be entered.

(c)     If the Municipal Court judgment is appealed to a higher court as provided by the statutes of the State of Oklahoma and the laws of this City, the dog shall not be destroyed until the appeal is disposed of by the appellate court.

(Code 1980, § 8-140.5; Ord. No. 19166, § 2, 3-21-89)

§ 8-117. Exemptions.

(a)     A canine security animal (K-9) which approaches a person in an apparent attitude of attack or which attacks or bites a human being upon command of its owner shall not by reason of such incident be deemed to be a "vicious dog." The owner of any such dog shall not, however, by virtue of this division, be exempted from any legal liability that may otherwise arise by reason of any such action commanded of a K-9 security dog by the owner.

(b)     No dog may be determined to be a vicious dog under this division for injury or damage sustained a person who was teasing, tormenting, abusing, or assaulting the dog.

(c)     No dog may be determined to be a vicious dog under this division for injury or damage sustained by a trespasser or a person who was breaking and entering into any domestic residence or commercial property or attempting to break and enter into any domestic residence or commercial property.

(Code 1980, § 8-140.6; Ord. No. 19166, § 2, 3-21-89)

§§ 8-118--8-135. Reserved.

DIVISION 2. GENERALLY

§ 8-136. Guide, signal or service dogs in public conveyances or places open to the public.

(a)     Any blind, deaf, or physically disabled person who is a passenger on any common carrier, airplane, motor vehicle, railroad train, motorbus, streetcar, boat, or any other public conveyance or mode of transportation operating within the State of Oklahoma or any dog trainer from a recognized training center when in the act of training guide, signal, or service dogs shall be entitled to have with him a guide, signal, or service dog specially trained or being trained for that purpose, without being required to pay an additional charge therefor, but shall be liable as hereafter set forth in Subsection (b) of this section.

(b)     A blind, deaf, or physically disabled person and his guide, signal, or service dog or a dog trainer from a recognized training center in the act of training guide, signal, or service dogs shall not be denied admittance to or refused access to any of the following because of such dog: any street, highway, sidewalk, walkway, any common carrier, airplane, motor vehicle, railroad train, motorbus, streetcar, boat, or any other public conveyance or mode of transportation, hotel, motel, or other place of lodging, public building maintained by any unit or subdivision of government, building to which the general public is invited, college dormitory and other educational facility, restaurant or other place where food is offered for sale to the public, or any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited within the State of Oklahoma. Such blind, deaf, or physically disabled person or dog trainer from a recognized training center in the act of training guide, signal, or service dogs shall not be required to pay any additional charges for his guide, signal, or service dog, but shall be liable for any damage done to the premises by said dog.

(c)     Such dog used by a deaf person shall be required to wear an orange identifying collar.

(d)     For the purposes of this section:

(1)     Physically disabled person means any person who has a physical impairment which severely and permanently restricts mobility of two or more extremities, or who is so severely disabled as to be unable to move without the aid of a wheelchair;

(2)     Service dog means any dog individually trained to the physically disabled person's requirements; and

(3)     Signal dog means any dog trained to alert a deaf person, or person whose hearing is impaired, to intruders or sounds.

(Ord. No. 16356, § 1(7-2.13), 8-25-81; Code 1980, § 8-143)

State law references: Similar provisions, 7 O.S. § 19.1.

§ 8-137. Police service dogs excepted from certain provisions.

Police service dogs, while on duty, shall be exempt from the provisions of Sections 8-151, 8-153, and 8-154 of this chapter as long as such animals are under the control of their commanding officer.

(Ord. No. 16356, § 1(7-2.15), 8-25-81; Code 1980, § 8-145)

§ 8-138. Kennel license required; exceptions.

(a)     Kennel license required. No person shall operate a kennel without first procuring an animal license to operate the kennel from the licensing officer of this City.

(b)     Exception. All veterinary hospitals and nonprofit benevolent organizations dedicated to the care and protection of animals for humanitarian purposes shall be exempt from the payment of kennel license fees unless the particular veterinary hospital or nonprofit benevolent organization maintains stud animals or maintains five or more animals for breeding purposes.

(Ord. No. 16356, § 1(7-2.16), 8-25-81; Code 1980, § 8-146)

§ 8-139. Kennel license fees.

A schedule of fees is hereby levied for the licensing of kennels in the amount established in Chapter 60, the General Schedule of Fees.

(Ord. No. 16356, § 1(7-2.17), 8-25-81; Code 1980, § 8-147)

Cross references: Dog and cat kennel license fee, § 60-8-11.

§§ 8-140--8-150. Reserved.

DIVISION 3. CONTROL AND CONFINEMENT

§ 8-151. Confinement of female dogs or cats in heat required.

To prevent unplanned breeding, every person shall adequately confine any female dog or cat under his control while such animal is in heat.

(Ord. No. 16356, § 1(7-2.5), 8-25-81; Code 1980, § 8-164)

§ 8-152. Animals suspected of rabies.

Any animal which has bitten or is suspected of having bitten any person, or which has been exposed to or is suspected of having been exposed to rabies, shall be subject to the provisions of Article V of this chapter and State regulations.

(Ord. No. 16356, § 1(7-2.6), 8-25-81; Code 1980, § 8-165)

§ 8-153. Confinement of dogs required; exceptions.

(a)     Confinement required; means of confinement. Every person who owns, or possesses, or harbors any dog within the City shall confine the dog to premises owned or controlled by him/her. Confinement shall be accomplished by means of a substantial fence or similar enclosure of sufficient strength and height to prevent the dog from escaping therefrom, or by keeping the dog inside a house or other building, or by a leash at least ten feet in length consisting of a metal chain or other material of sufficient strength to prevent the dog from escaping from the premises when the leash is stretched to its full length.

(b)     Persons to whom section applicable. Every person who owns, possesses or harbors any dog within the City shall confine the dog as required under this section.

(c)     Exceptions.

(1)     This section shall not apply to any person who takes a dog upon private property with the consent of the owner or person in control of the property, or upon a street or other public place when the dog is confined in a vehicle or by means of a chain or leash of sufficient strength and length to control the actions of the dog.

(2)     The Game and Fish Commission of the City may set aside City-owned lands under its jurisdiction for the purpose of training hunting dogs, and shall have the authority to promulgate and enforce regulations pertaining to the use of such land for the purpose designated. When under the supervision of the Commission, dogs and their owners shall not be subject to the provisions of this section.

(3)     This section shall not apply to agricultural areas. For the purpose of this article, " agricultural areas " shall be the same as AA Agricultural Districts as defined in Chapter 59.

(4)     This section shall not apply to persons utilizing a designated City-approved dog park in accordance with Section 38-107 of this Code.

(Ord. No. 16356, § 1(7-2.7), 8-25-81; Code 1980, § 8-166; Ord. No. 22206, § 5, 4-29-03)

§ 8-154. Control of dogs; trespassing on public or private property prohibited.

(a)     Except as specifically provided in Section 38-107 regarding dog parks, no person shall permit any dog owned, possessed, or harbored by him/her:

(1)     To trespass upon private property without the consent of the person who owns or controls the property, and without properly confining the dog to that property as required by the provisions of this Chapter; or

(2)     To trespass upon any street or other public property unless the dog is:

a.     Under the immediate physical control of the owner or other responsible person by confinement in a vehicle; or

b.     Under the immediate physical control of the owner or other responsible person by means of a chain, rope, cord, or leash of not more than six feet in length and of sufficient strength to control the actions of the dog.

(b)     For purposes of this section, the term " immediate physical control " shall mean confinement in a vehicle or control exercised through the personal physical presence of a person who, at all times, has in his/her possession the chain, rope, cord or leash to which the dog is attached.

(c)     As used in this section, " owner " shall mean any person who owns, possesses, harbors, or has permanent care or custody of a dog.

(Ord. No. 16356, § 1(7-2.8), 8-25-81; Code 1980, § 8-167; Ord. No. 22206, § 5, 4-29-03)

§ 8-155. Impoundment of dogs.

Unless otherwise provided in this article, any dog which is not confined as provided in this article shall be impounded by the Superintendent or his duly appointed representative, or by any law enforcement officer. If the dog is so vicious that it cannot be safely impounded, it may be destroyed by the officer seeking to apprehend it. Any impounded dog shall be confined in the City Animal Shelter as prescribed in this chapter.

(Ord. No. 16356, § 1(7-2.9), 8-25-81; Code 1980, § 8-168; Ord. No. 19936, § 1, 5-4-93)

§§ 8-156--8-165. Reserved.

DIVISION 4. VACCINATION

§ 8-166. Rabies vaccination required for dogs or cats; exceptions.

All dogs and cats four months of age and older that are owned, kept, possessed or harbored within Oklahoma City shall be vaccinated against rabies by or under the direct supervision of a licensed veterinarian. Rabies vaccine shall be recognized for the duration of the vaccine used, i.e., vaccines with a labeled duration of one year, two years or three years will be recognized for one year, two years or three years, respectively. A rabies vaccination need not be obtained for a nonresident dog or cat which is currently vaccinated for rabies by a licensed veterinarian or which is visiting in this City and is in the custody of its owner for a period of 30 days or less, or when a veterinarian licensed in the State of Oklahoma certifies in writing that it would be detrimental to the animal's health to be vaccinated and places the animal on a health hold. If a veterinarian releases the animal from the health hold, the animal shall be vaccinated within ten days of release. On demand of an Animal Welfare Officer or other authorized official, the owner or keeper of any dog or cat must present a completed and signed vaccination certificate for the animal that includes the type and duration of the vaccine administered.

(Ord. No. 16356, § 1(7-2.12(a)), 8-25-81; Code 1980, § 8-169; Ord. No. 19280, § 2, 9-5-89; Ord. No. 22385, § 1, 1-21-04)

§ 8-167. Issuance of metal rabies vaccination tag.

A metal rabies vaccination tag having the telephone number of the administering veterinarian shall be issued for each vaccinated animal.

(Code 1980, § 8-169.1; Ord. No. 19280, § 3, 9-5-89)

§ 8-168. Rabies vaccination tags; securing and removing; transfer prohibited; manufacture or possession of stolen, forged or counterfeit tags, etc., prohibited.

(a)     A current rabies vaccination tag shall be secured to the vaccinated animal, and shall not be removed except when the animal is being kept in an approved kennel, veterinary hospital or is appearing in an approved show, training event or field trial. Any tag which has been removed from an animal must be kept in the possession of the person with custody of the animal and must be immediately displayed upon request by law enforcement personnel.

(b)     It shall be unlawful for any person to transfer any rabies vaccination tag to an animal other than the animal to which it was issued.

(c)     It shall be unlawful for any person to manufacture, cause to be manufactured or have in his possession a stolen, counterfeit, or forged rabies vaccination tag, or rabies vaccination certificate.

(Code 1980, § 8-169.4; Ord. No. 19280, § 3, 9-5-89)

§ 8-169. False statements.

(a)     Any false statement in a rabies certification or application shall render the same null and void.

(b)     Any person who makes a false statement in any application, affidavit or other document required by this chapter or any regulation prescribed thereby shall be guilty of an offense.

(Code 1980, § 8-169.5; Ord. No. 19280, § 3, 9-5-89)

§ 8-170. Kennels required to vaccinate dogs or cats.

Dogs and cats kept in kennels or boarded shall be vaccinated in accordance with § 8-166. A written record shall be kept by the kennel operator which shall include the following information:

(1)     A description of the dog or cat, at a minimum to include the animal's breed, age, sex and color;

(2)     Whether the dog or cat is boarded or owned by the kennel;

(3)     The type and duration of the vaccine administered to the dog or cat;

(4)     The date each dog or cat was vaccinated; and

(5)     The name of the veterinarian administering the vaccine or the name of the veterinarian who directly supervised the administration of the vaccine.

This record shall be available for inspection by any Animal Welfare Officer upon demand during normal business hours.

(Ord. No. 16356, § 1(7-2.12(b)), 8-25-81; Code 1980, § 8-170; Ord. No. 22385, § 1, 1-21-04)

§ 8-171. Vaccination of dogs and cats; type of vaccine required.

Except as otherwise provided by this chapter, all dogs and cats shall be vaccinated against rabies with one of the rabies vaccines listed in the most recent "Compendium of Animal Rabies Control" as published by the Centers for Disease Control.

(Ord. No. 16356, § 1(7-2.12(c)), 8-25-81; Code 1980, § 8-171; Ord. No. 19280, § 4, 9-5-89; Ord. No. 22385, § 1, 1-21-04)

§ 8-172. Vaccine to be administered by veterinarian; certificates.

The vaccination required by this division shall be administered by or under the direct supervision of a veterinarian duly licensed to practice in the State of Oklahoma. The rabies certificate required by this division must be signed by the veterinarian who either administers the vaccine or directly supervises its administration by another.

(Ord. No. 16356, § 1(7-2.12(e)), 8-25-81; Code 1980, § 8-173; Ord. No. 22385, § 1, 1-21-04)

§§ 8-173--8-191. Reserved.

ARTICLE III. RABBITS*

__________

*Cross references: Sale of baby rabbits, chickens, ducklings as toys, novelties, premiums, § 8-65.

__________

DIVISION 1. GENERALLY

§ 8-192. Exception to article coverage.

The provisions of this article shall not apply to persons who keep two or fewer pet rabbits.

(Ord. No. 16356, § 1(7-3.1), 8-25-81; Code 1980, § 8-192)

§ 8-193. Sale of rabbits.

No person shall sell, offer for sale, barter, or give away any baby rabbits under five weeks of age in any quantity less than 25 to a single purchaser.

(Ord. No. 16356, § 1(7-3.12), 8-25-81; Code 1980, § 8-193)

§§ 8-194--8-204. Reserved.

DIVISION 2. CARE OF RABBITS

§ 8-205. Rabbit hutch requirements; location; number; ventilation; wired openings; construction for easy cleaning; roof area; capacity.

(a)     Location of hutches. No rabbit hutch shall be built, placed or kept nearer than 25 feet from any residence or dwelling.

(b)     Number of hutches. No more than 150 separate hutches or separate compartments for keeping rabbits shall be kept on one pair of average sized lots 50 by 140 feet each if the pair of lots is also used for the location of a residence, dwelling, or place of business. Provided, however, that if the lots are larger than 50 by 140 feet, and it is possible to place the hutches more than 25 feet from any residence or dwelling, then any space in excess of the amount of 50 by 140 feet may be used for the location of additional hutches.

(c)     Ventilation of hutches. All rabbit hutches shall be constructed to provide ample ventilation through, under and over the hutches.

(d)     Wired openings required. Each hutch shall have wired openings in the front and back.

(e)     Construction for easy cleaning. Hutches shall be self-cleaning and shall be constructed so that they can be cleaned easily.

(f)     Roof area of hutches. The roof of the hutch and the area over the hutch shall be sufficiently wide to protect the hutch and the area surrounding the hutch from manure, drops of moisture, and other refuse.

(g)     Capacity of hutches. Each hutch shall be of sufficient size to accommodate a mature rabbit.

(Ord. No. 16356, § 1(7-3.4), 8-25-81; Code 1980, § 8-205)

§ 8-206. Number of rabbits per hutch.

Every rabbit over the age of three months shall be kept in a separate hutch or compartment.

(Ord. No. 16356, § 1(7-3.5), 8-25-81; Code 1980, § 8-206)

§ 8-207. Rabbit feed requirements.

Enough and only enough feed shall be supplied each day for the daily needs of each rabbit. Any waste feed shall be removed each day. Feed shall be placed in containers which are separated from the other parts of the hutch. All feed and water containers shall be kept clean. Surplus feed shall be stored in a place separated entirely from the hutches by solid dividing walls. The place of storage shall be constructed so that the feed does not spill upon the ground or into the hutches.

(Ord. No. 16356, § 1(7-3.6), 8-25-81; Code 1980, § 8-207)

§ 8-208. Rabbit hutch sanitation requirements; cleaning schedule.

Each rabbit hutch and all other buildings and spaces in, around and near the hutches shall be kept clean and sanitary. Each hutch shall be limed or sterilized with other disinfectant at least once each week if needed. Each hutch shall be swept and cleaned at least once every 48 hours and manure and other refuse shall be disposed of at least twice each week. No manure or other hutch waste shall be burned or disposed of in a manner that causes annoying odors to be conveyed to persons in the vicinity of the hutches.

(Ord. No. 16356, § 1(7-3.7), 8-25-81; Code 1980, § 8-208)

§ 8-209. Dead rabbits; removal.

Dead rabbits must be immediately removed from in or near the hutch area and disposed of in an appropriate manner.

(Ord. No. 16356, § 1(7-3.8), 8-25-81; Code 1980, § 8-209)

§ 8-210. Disposal of offal.

When rabbits are butchered, the offal and other waste parts must be immediately disposed of in an appropriate manner. The offal and other waste parts must not, however, be disposed of by burning or in any manner which causes annoying odors to persons in the area.

(Ord. No. 16356, § 1(7-3.9), 8-25-81; Code 1980, § 8-210)

§ 8-211. Rabbit hutch health inspection.

The City Manager shall authorize one or more of the health inspectors of the Health Department, or shall appoint his own health inspector, to enter and inspect any place where rabbits are kept to determine whether the rabbits are being kept in compliance with the provisions of this article. An inspection shall be made of each place where rabbits are being kept pursuant to a permit at least once every three months, or as often as the City Manager deems necessary. For the purposes of this section, the health inspector shall have the right to enter and inspect during all reasonable hours.

(Ord. No. 16356, § 1(7-3.10), 8-25-81; Code 1980, § 8-211)

§§ 8-212--8-226. Reserved.

DIVISION 3. PERMITS

§ 8-227. Permit to keep rabbits required; fee.

(a)     Permit to keep rabbits required. No person shall keep any rabbits without securing a permit, paying the required permit fee and otherwise complying with this article.

(b)     Permit fee. The amount of the permit fee shall be as established in Chapter 60, the General Schedule of Fees.

(Ord. No. 16356, § 1(7-3.2), 8-25-81; Code 1980, § 8-227)

Cross references: Fee for rabbit permit, § 60-8-16.

§ 8-228. Procedure.

(a)     Application to Health Department; payment of permit fee. Any person desiring a rabbit permit shall make written application for it to the Health Department and shall, when filing the application, pay the required permit fee.

(b)     Inspection by Health Department. Upon receipt of an application for a rabbit permit, the Health Department shall conduct an inspection of the premises on which the person applying for the permit proposes to keep the rabbits. The health inspector shall determine whether the facilities for keeping rabbits on those premises comply with the requirements of this article and shall make a written report of his findings.

(c)     Issuance of permit. If the facilities in which the rabbits will be kept are found to comply with the requirements of this article, a rabbit permit shall be issued by the department to the person applying for it. No permit shall be issued, however, unless the facilities are found to be in compliance with the requirements of this article.

(d)     Permit to be attached to hutch. Any rabbit permit issued shall be immediately attached to the hutch where the rabbits are kept. It must be kept there at all times and in a conspicuous place.

(Ord. No. 16356, § 1(7-3.3), 8-25-81; Code 1980, § 8-228)

§ 8-229. Revocation; notice; hearing.

Any permit issued under this article shall be revoked if the Health Department finds that the provisions of this article are not being complied with by the permittee. Before any permit may be revoked, however, the health inspector shall serve the permittee with written notice of the impending revocation and shall give him three days from the date of such notice to correct the violation. The notice shall be sufficiently explicit to advise the permittee of the violation on which the proposed revocation is based. The Health Department shall provide a hearing in Municipal Court to the person whose permit revocation is sought. Such hearing shall include the opportunity to confront and cross examine witnesses and to present evidence and witnesses on behalf of the permittee.

(Ord. No. 16356, § 1(7-3.11), 8-25-81; Code 1980, § 8-229)

§§ 8-230--8-245. Reserved.

ARTICLE IV. LIVESTOCK

§ 8-246. Restrictions on livestock; exceptions.

Subject to the provisions of Chapter 59 of this Code, no person shall keep any livestock within 40 feet of any dwelling or place of business. Provided, however, that this section shall not apply if the building or structure in which the livestock are kept was located and established prior to the building of the dwelling or place of business and that building or structure is located at the rear end of the lot.

(Ord. No. 16356, § 1(7-4.1), 8-25-81; Code 1980, § 8-246)

§ 8-247. Restrictions on swine; exceptions.

(a)     Swine prohibited. Except as provided otherwise by this section and by Chapter 59, Zoning, no person shall keep any swine within the City.

(b)     Exception for transporting swine. The provisions of Subsection (a) of this section shall not apply to any person who transports swine into or through the City destined for shipment, sale or other purposes as long as the swine are not kept within the City for longer than 12 hours.

(c)     Exception for instructional, educational or research purposes. The provisions of this section shall not apply to swine kept solely for instructional, educational or research purposes, but only if the swine are kept in pens with concrete floors which are washed at least once a day and only if the swine are not closer than 250 feet to any residence.

(Ord. No. 16356, § 1(7-4.2), 8-25-81; Code 1980, § 8-247)

§ 8-248. Driving, herding and picketing of livestock; general restrictions.

(a)     Driving and herding restrictions. No person driving or herding any livestock through the streets shall permit the livestock to enter or graze upon any public or private park, or upon any premises other than those belonging to the owner of the livestock, without the consent or permission of the person lawfully in possession thereof.

(b)     Picketing restrictions. No person shall picket any livestock upon any street or park, or upon the premises adjoining thereto, in a manner that permits the livestock to enter or cross any street, sidewalk, parking grounds, or public park.

(Ord. No. 16356, § 1(7-4.3), 8-25-81; Code 1980, § 8-248)

§ 8-249. Stock driving prohibited.

No person shall drive any herd of cattle, horses, mules, hogs or sheep in this City.

(Ord. No. 16356, § 1(7-4.4), 8-25-81; Code 1980, § 8-249)

§ 8-250. Construction and maintenance of barns, stables, etc.; restrictions on location.

No person shall construct or maintain any barn, stable, shed or other enclosure or covering for housing or keeping livestock, unless the stable, shed, enclosure, or covering is located upon the rear of the lot on which it will be maintained, and is located at the farthest possible point from the public street adjoining and nearest thereto, and is not closer than 40 feet to any residence, church, school building, or other structure occupied by humans. Provided, however, that this section shall not apply to veterinary hospitals or medical research institutes.

(Ord. No. 16356, § 1(7-4.5), 8-25-81; Code 1980, § 8-250)

§§ 8-251--8-281. Reserved.

ARTICLE V. RABIES

DIVISION 1. GENERALLY

§ 8-282. Report of animal bite required.

Any person owning, harboring, or keeping an animal that bites a person and any person bitten by an animal must report that occurrence to the Animal Welfare Division within 24 hours.

(Ord. No. 16356, § 1(7-5.1(a)), 8-25-81; Code 1980, § 8-282)

§ 8-283. Notification of required confinement and observation.

Upon receiving a report that a person has been bitten by an animal, an animal control officer shall issue a notice to the person owning, keeping or harboring the animal which states that confinement and observation of the animal are required.

(Ord. No. 16356, § 1(7-5.1(b)), 8-25-81; Code 1980, § 8-283)

§ 8-284. Confinement and observation of animal required.

Upon receiving the notice required by Section 8-283, the person owning, harboring, or keeping the animal which in the preceding ten days has bitten or is suspected of having bitten any person, shall have the animal immediately placed in confinement for rabies observation.

(Ord. No. 16356, § 1(7-5.1(c)), 8-25-81; Code 1980, § 8-284)

§ 8-285. Method of confinement and observation.

Confinement and observation as required by this division shall be effected by placing the animal under the supervision of a licensed veterinarian or in the City Animal Shelter for a period of ten days from the date the person was bitten. If, however, the person owning, keeping or harboring the suspect animal is a responsible individual and is capable of providing the confinement and observation required and if the animal is in compliance with the provisions of this chapter pertaining to rabies vaccinations and licensing, such person may, at the discretion of the Superintendent and in accordance with instructions received from an animal control officer, be allowed to keep the suspect animal securely penned for the ten-day observation period. Such person must immediately advise the Animal Welfare Division of any changes occurring in the condition of the animal and, if no changes are reported within the ten-day observation period, the Division shall make responsible inquiry regarding the suspect animal's condition. In the event of the suspect animal's death or illness, the person so designated as responsible for the animal shall immediately notify the Division and make arrangements with the Division for the removal and shipment of the animal's head to the laboratory of the State Department of Environmental Quality for examination. In no event shall the suspect animal be removed from the City limits until released by the Superintendent or his specifically authorized representative.

(Ord. No. 16356, § 1(7-5.1(d)), 8-25-81; Code 1980, § 8-285)

§ 8-286. Seizure and impoundment by animal control officer.

In the event the person who owns, harbors or keeps the animal specified in Section 8-282 cannot, with due diligence, be located or notified as provided in Section 8-283, or, in the event the person who owns, harbors, or keeps the animal specified in this division, refuses or fails to place the animal in confinement as required by this division after notice to do so has been given, an animal control officer shall seize and impound the animal and place it in confinement for the required observation period. The Division shall thereafter notify the owner or keeper of the animal of the seizure, impoundment and confinement. If, subsequent to the seizure and impoundment of the animal by the animal control officer, the owner or keeper of the animal cannot be located or notified and if the animal remains unclaimed at the expiration of the confinement period, the Division may dispose of the animal pursuant to the provisions of this chapter concerning the disposition of unclaimed, impounded animals.

(Ord. No. 16356, § 1(7-5.1(e)), 8-25-81; Code 1980, § 8-286)

§ 8-287. Euthanasia.

In special circumstances, the Director or the representative may order the euthanasia of an animal and may perform or order the performance of tests for the diagnosis of rabies. Provided, however, that, prior to disposing of the animal, the Division shall attempt to locate and notify the owner or keeper of the animal. For purposes of this section, special circumstances shall be defined as those situations involving severe animal bites upon the head, face, neck or upper extremities, or deep lacerations, or multiple animal bite wounds inflicted by unimmunized animals.

(Ord. No. 16356, § 1(7-5.1(f)), 8-25-81; Code 1980, § 8-287)

§ 8-288. Duty of practitioners and clinics to report animal bites.

(a)     Duty to report animal bites. 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 Welfare Division and/or the Health Department within 24 hours of his first knowledge or attendance.

(b)     Duty of clinic or hospital to report animal bites. 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 Welfare Division and/or the Health Department within 24 hours of its first knowledge thereof.

(Ord. No. 16356, § 1(7-5.2(a), (b)), 8-25-81; Code 1980, § 8-288)

§ 8-289. Contents of reports.

The reports required by Section 8-288 shall contain the following information:

(1)     the name, address and sex of the person bitten;

(2)     the type and location of the bite;

(3)     the name and address of the owner of the animal which inflicted the bite; and

(4)     any other facts which may assist the Animal Welfare Division or the Health Department in ascertaining the location and immunization status of the animal which inflicted the bite.

(Ord. No. 16356, § 1(7-5.2(c)), 8-25-81; Code 1980, § 8-289)

§ 8-290. Immunized animals exposed to rabies; re-immunization, confinement and observation required; means of confinement and observation.

(a)     Re-immunization, confinement and observation required. Any effectively immunized animal which is suspected of having been exposed to rabies and which is in compliance with the provisions of this chapter shall be immediately re-immunized and confined for observation for symptoms of rabies for a period of not less than 90 days.

(b)     Means of confinement and observation. To provide the required confinement and observation, the suspect animal may be seized by the animal control officer and placed in confinement at the Animal Shelter under the supervision of a veterinarian for the required period of observation. If the owner or keeper of the suspect animal possesses sufficient facilities and is sufficiently responsible to adequately confine and observe the animal, the confinement and observation period may, at the discretion of the animal control officer, be provided for by the owner or keeper.

(Ord. No. 16356, § 1(7-5.3), 8-25-81; Code 1980, § 8-290)

§ 8-291. Nonimmunized animals exposed to rabies.

Any animal which has not been effectively immunized against rabies and which is suspected of having been exposed to rabies shall be euthanized immediately either by the veterinarian in charge or by a representative of the Animal Welfare Division; or, in the alternative, the nonimmunized rabies-exposed animal shall be seized by an animal control officer and strictly quarantined at the Oklahoma City Animal Welfare Shelter, or a veterinary hospital or clinic, and observed for any symptoms of rabies for a period of six months from the date of the suspected exposure. The quarantined animal shall be immunized against rabies at least 30 days prior to its release.

(Ord. No. 16356, § 1(7-5.4), 8-25-81; Code 1980, § 8-291)

§ 8-292. Nonimmunized animal exposed to wild skunk, bat or carnivore.

Any nonimmunized animal which has been exposed to a wild skunk, bat or carnivore or which is suspected of having been exposed to a wild skunk, bat or carnivore shall be considered exposed to rabies and shall be dealt with pursuant to the provisions of this chapter, unless such skunk, bat or carnivore is available for laboratory study.

(Ord. No. 16356, § 1(7-5.5), 8-25-81; Code 1980, § 8-292)

§ 8-293. Duties of supervising veterinarian; duty of Animal Welfare Division Superintendent; disposition of suspect animal.

(a)     Duty to isolate and observe. It shall be the duty of the veterinarian under whose supervision any animal specified in this article is placed for confinement and observation to keep the animal isolated in a separate pen or kennel and under observation for any symptoms of rabies.

(b)     Duty to report; notification of Health Department by Animal Welfare Division Superintendent. The veterinarian shall report immediately to the Animal Welfare Superintendent any changes occurring in the condition of the animal. Upon such notification, the Superintendent, or his duly authorized representative, shall immediately notify the Director of the Health Department of the changes reported to him.

(c)     Release of suspect animal. Animals impounded for rabies observation may not be released by the veterinarian until authorized by the Animal Welfare Division of the City.

(Ord. No. 16356, § 1(7-5.6), 8-25-81; Code 1980, § 8-293)

§§ 8-294--8-309. Reserved.

DIVISION 2. RESTRICTIONS ON RABIES VACCINE

§ 8-310. Administration of approved vaccine required.

No person shall administer rabies vaccine to any animal unless the vaccine is approved for use in the particular species of animal as provided by this chapter or as required, allowed, or approved by the Department of Environmental Quality of the State.

(Ord. No. 16356, § 1(7-5.7), 8-25-81; Code 1980, § 8-310)

§ 8-311. Sale of approved vaccine limited; record of rabies vaccination and type of vaccine administered required.

No person shall sell live rabies vaccine licensed for use in animals to anyone other than a licensed veterinarian. Veterinarians shall be required to keep a record of the type and/or brand name of the rabies vaccine administered to each animal and shall indicate whether the animal vaccinated is a dog or cat, vaccination number, and the zip code of its owner. These records shall be maintained for a period of three years. When inactivated (killed virus) vaccines are sold to individuals who are not licensed veterinarians, the seller must keep a record for three years which includes: the name, address, and telephone number of the purchaser; the brand name, lot serial number, and expiration date of the vaccine sold; and the total amount of vaccine sold. The individual who administers rabies vaccine must keep a record for three years which includes: the name and address of the animal, date of vaccination, brand name of vaccine used, lot serial number of vaccine used, person or firm from whom purchased, their address and date of purchase; expiration date of vaccine used and the name, address, and telephone number of the individual administering the vaccine. All records required to be kept by the provisions of this section shall be made available for inspection upon request of the Superintendent.

(Ord. No. 16356, § 1(7-5.8), 8-25-81; Code 1980, § 8-311; Ord. No. 19280, § 5, 9-5-89; Ord. No. 20141, § 2, 5-3-94)

§ 8-312. Skunks; restrictions.

It shall be unlawful to vaccinate any skunk against rabies.

(Ord. No. 16356, § 1(7-5.9(b)), 8-25-81; Code 1980, § 8-312)

§§ 8-313--8-328. Reserved.

ARTICLE VI. DISEASE CONTROL*

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*Cross references: Keeping of diseased animals prohibited, § 8-63.

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DIVISION 1. GENERALLY

§§ 8-329--8-344. Reserved.

DIVISION 2. LIVE TURTLES

§ 8-345. Sale, offer for sale, barter or gift of live turtles; requirements.

(a)     Requirements for lawful sale, offer of sale, barter or gift of live turtles. It shall be unlawful for any person to sell, offer for sale, barter or give away live turtles used for commercial purposes except in conformance with the provisions of this section and with other appropriate City, State, and Federal regulations.

(b)     Certificate of adequate bacteriological proof required. Prior to the sale, offer of sale, barter or gift of any live turtles used for commercial purposes, a certificate of adequate bacteriological proof must be submitted to the Health Department that such turtles are free from salmonella contamination. Upon submission of such certificate, the Director of the Health Department shall have the option of approving the lot of turtles as free from salmonella contamination or of requiring further examinations pursuant to the provisions of Subsection (c) of this section.

(c)     Examinations by Health Department. If the Director requires further examinations and cultures of any lot of turtles, a series of at least six consecutive cultures shall be taken at intervals of not less than one week and at a laboratory approved for that purpose by the Health Department. The results of the examinations and cultures shall be submitted on a form provided by the Health Department. If the results of all the cultures are negative and show that the lot of turtles is free from salmonella contamination, the Director shall approve the lot of turtles for sale, offer for sale, barter or gift by the owner with a written statement of approval.

(d)     Owner or dealer of turtles must retain certificate and statement of approval. The owner or dealer of any lot of approved turtles must retain his certificate of adequate bacteriological proof and his written statement of approval as provided in this section. These documents or copies thereof must be provided to and accompany any subsequent owner or dealer of any turtle sold from an approved lot.

(e)     Certificate of adequate bacteriological proof. The term "certificate of adequate bacteriological proof" as used herein shall consist of a written statement issued by the chief public health official of the State from which the lot of turtles is shipped and which certifies that, based upon laboratory examination, the turtles have been found free of salmonella contamination. The certificate must also specify the particular examinations upon which the opinion is based.

(Ord. No. 16356, § 1(7-6.1), 8-25-81; Code 1980, § 8-345)

§§ 8-346--8-349. Reserved.

ARTICLE VII. KENNEL AND ANIMAL SHELTER REGULATIONS*

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*Editor's note: Ord. No. 20141, § 1, adopted May 3, 1994, added provisions designated as Ch. 8, Art. VI. Inasmuch as there already existed an Art. VI, said Ord. No. 20141 has been redesignated as Ch. 8, Art. VII. See the Code Comparative Table for a detailed analysis of inclusion.

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DIVISION 1. GENERALLY

§ 8-350. Purpose.

The intent of this article is to prevent and reduce the transmission of diseases from animals, particularly, dogs and cats, to preserve the peace, and to promote the health, safety and welfare of the citizens of the City by establishing rules and regulations over all kennel and Animal Shelter operations within the City.

(Ord. No. 20141, § 1, 5-3-94)

§ 8-351. Number of dogs and cats permitted.

(a)     No person shall harbor or keep dogs or cats totaling more than four of each over the age of six months in any household. The owner or occupant shall be held responsible for any violation of this section by any of the members of such household.

(b)     Exception. Households that obtain a kennel license may harbor or keep dogs and cats totaling more than four over the age of six months.

(Ord. No. 20141, § 1, 5-3-94)

§ 8-352. Definitions.

The following words, terms and phrases, when used in this Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)     Animal Shelter is any nonprofit, private or publicly-owned facilities where stray or unwanted animals are held or boarded, which contain four or more animals at any given time.

(2)     Department means the Animal Welfare Division of the City.

(3)     Primary enclosures are those areas in which an animal normally rests or sleeps and which allow the exercise of normal postural movement.

(4)     Health Department means the City-County Health Department.

(5)     Puppy or kitten means an immature dog or cat under the age of six months.

(6)     Run is a large area designed to allow an animal to move about and exercise freely.

(7)     Secondary enclosure means the room or structure which houses or contains primary enclosures.

(8)     Vicious animal means:

a.     an animal which, while unleased and either on or off the premises of its owner, has attacked or bitten a human being or a domestic animal without provocation.

b.     any animal owned or harbored primarily or in part, for the purposes of fighting.

(Ord. No. 20141, § 1, 5-3-94)

§ 8-353. Exceptions.

All Federal, State and municipal facilities shall be exempt from the provisions of this article.

(Ord. No. 20141, § 1, 5-3-94)

§ 8-354. Disposal of animals by Animal Shelters.

Except as provided in Section 8-46 of this chapter, unclaimed and/or lost animals which are not reclaimed within 48 hours, may be humanely disposed of at the discretion of the Animal Shelter operator. The disposition of animals surrendered or abandoned by their owners may be made immediately. All animals must be euthanized in a humane manner.

(Ord. No. 20141, § 1, 5-3-94)

§§ 8-355--8-359. Reserved.

DIVISION 2. KENNEL LICENSES

§ 8-360. License required.

No person shall operate a kennel without a license.

(Ord. No. 20141, § 1, 5-3-94)

§ 8-361. Revocation and suspension of license.

In addition to any other penalties prescribed by ordinance, the City may revoke or suspend a kennel license for any violation of these regulations pursuant to the provisions of Chapter 26-1 et seq.

(Ord. No. 20141, § 1, 5-3-94)

§§ 8-362--8-364. Reserved.

DIVISION 3. KENNEL REQUIREMENTS

§ 8-365. Submission of kennel plans and specifications.

In addition to any other requirements of this Code, detailed plans and specifications shall be submitted to the Health Department to construct or remodel any kennel. Approval of plans and specifications must be obtained prior to any construction or remodeling.

(Ord. No. 20141, § 1, 5-3-94)

§ 8-366. Contents of plans and specifications.

Any plans and specifications shall be in compliance with this article and must include descriptions of the proposed ventilation system, plumbing equipment, and finishes of floors, walls, and ceilings.

(Ord. No. 20141, § 1, 5-3-94)

§ 8-367. Separation of certain areas.

Animal housing areas must be physically separated from areas in which food and/or drink for human consumption is prepared, served or stored and from any living and/or sleeping areas of kennel personnel.

(Ord. No. 20141, § 1, 5-3-94)

§ 8-368. Physical facilities.

(a)     Interior building surfaces. Interior building surfaces shall be constructed and maintained so that they are impervious to moisture and may be readily cleaned.

(b)     Electric power. Reliable and adequate electric power shall be provided. Electrical wiring must meet all requi