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:

Animal means any live mammal, bird, fish, reptile, amphibian, vertebrate or invertebrate creature, including domesticated or wild species, except Homo sapiens, and shall include domesticated fowl, fowl or livestock, even though separately defined herein.

Animal control officer means any person designated by the state, the city or a humane society as a law enforcement officer qualified to perform such duties under this chapter or the laws of this state.

Animal bite means any penetration of the skin by the teeth or claws of an animal, but shall exclude scratches by the claws of dogs.

Animal shelter means any non-profit, private or public-owned and/or operated facility for the purpose of holding, boarding, rehoming, adopting, impounding or caring for animals held under the authority of this chapter or state law.

At large means not within a fenced area, whether on or off the premises of the owner, and not under the direct control of the owner or a person able to safely and humanely restrain the animal through use of a harness, lease or other physical tether of sufficient strength to restrain the animal.

Attack means the act by any animal of approaching a domestic animal or a person in such a manner that hostile contact with the other animal or the person occurs or an act of aggression against a person or a domestic animal that requires the person or the other animal to take evasive action to prevent injury.

Commercial animal establishment means any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibit, kennel or like establishment.

Direct control means immediate continuous physical control of an animal at all times by means of a leash, cord, rope or chain of such strength to restrain the animal, and controlled by a person capable of restraining the animal, or safe and secure restraint within a vehicle. If the controlling person is at all times fully and clearly within unobstructed sight and hearing of the animal, voice control shall be considered direct control when the animal is actually participating in training or official showing, obedience, or field events. Direct control shall not be required of dogs actually participating in a legal sport in an authorized area or K-9 dogs.

Domesticated fowl means domesticated chickens, turkeys, ducks, geese, peacocks, homing pigeons and any other domesticated birds including ostriches, emus and rheas.

Feral animal means any wild cat or dog, whether the animal was born in the wild or has reverted to a wild state due to abandonment or lack of domestication.

Fowl means a bird of any kind, excluding "domesticated fowl."

K-9 dog means a dog specifically trained for and being used by a public law enforcement agency, or specifically trained as a search and rescue dog and being used at the request of a public law enforcement agency.

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, trained for a fee, bred or sold.

Kitten means a cat under the age of six months.

Licensing authority means the city clerk or a veterinarian or veterinary hospital designated by the city.

Livestock means any burros, cattle, horses, sheep, goats, llamas, donkeys, mules, and swine.

Normal postural movement means the animal can turn freely, easily stand, sit, stretch, lie with limbs extended, move their head without touching the top of the enclosure and assume a comfortable position for eating, drinking, urinating and defecating.

Owner means any person, firm, business, organization, or corporation owning, possessing, harboring, or keeping any animal, or having an interest in or control of an animal, or in the case of a person under 18 years of age, that person's parent or legal guardian. This definition shall not apply to any licensed animal shelter, veterinary clinic or kennel that is boarding animals belonging to another.

Pet means any animal kept for pleasure rather than utility or profit.

Pet shop means any person, except for a licensed kennel, which as part of its business buys, sells or boards animals.

Public nuisance means any animal which:

(1)

Molests passersby or passing vehicles.

(2)

Attacks persons or other animals.

(3)

Is repeatedly at large.

(4)

Trespasses on school grounds.

(5)

Damages private or public property.

(6)

Barks, whines or howls in an excessive, continuous or untimely fashion, or emits any loud or offensive noise, which disturbs the tranquility of the neighborhood or adjoining residents.

(7)

Overturns any garbage can or other vessel for waste products or scatters the contents of the same.

Puppy means a dog under the age of six months.

Residential district means those areas of the city included within the residential use districts as fixed and established by the zoning ordinance of the city (chapter 122).

Restraint means any animal that is under direct control as defined herein or is secured by a fence or within a residence or other building, or within the confines of a vehicle.

Veterinary hospital or clinic means any place or facility owned or operated by a licensed veterinarian and used for the practice of veterinary medicine in the diagnosis, treatment, and care of diseases of and injuries to animals, or used for the boarding of animals during the diagnosis, treatment or care, or used for the temporary boarding of animals belonging to the veterinarian's clients.

Vicious or dangerous animal means any animal:

(1)

That inflicts an injury upon a human as a result of an unprovoked attack either on public or private property; or attempts to bite or attacks a human requiring that person to take evasive action regardless of the location;

(2)

That, when unprovoked, either kills, bites or attacks another animal on public or private property;

(3)

That is owned, trained, used, or harbored, primarily or in part, for the purpose of animal fighting;

(4)

Which another governmental entity has determined to be vicious or dangerous;

(5)

Having poisonous bites;

(6)

That has been bitten by an animal or known to have been inflicted by rabies; or

(7)

Any warm-blooded, carnivorous or omnivorous wild or exotic animal, dangerous or undomesticated animal which is not of a species customarily used as an ordinary household pet, but one which would ordinarily be confined in a zoo, or one which would ordinarily be found in the wilderness of this or any other country, or one which causes a reasonable person to be fearful of bodily harm, or property damage (including but not limited to nonhuman primates, raccoons, skunks, foxes and wild and exotic cats, but excluding fowl, ferrets and small rodents of varieties used for laboratory purposes).

Unprovoked means an act of aggression towards an animal or human that occurs without apparent cause, reason, prompting or motivation.

Wild animal means any animal other than dogs, cats or farm animals normally found in a wild or undomesticated state.

Zoological park means any facility, other than a pet shop or kennel, exhibiting one or more species of wild animals.

(Code 1977, §§ 6.04.010, 6.12.160; Ord. No. 1027, § 1, 10-6-2009; Ord. No. 1283, § 1, 3-7-2023)

Cross reference— Definitions generally, § 1-2.

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 1977, § 6.04.020)

Cross reference— Zoning, ch. 122.

(a)

No owner, keeper or possessor or other person in control of any animal, except homing pigeons kept for racing and message-carrying purposes or domestic household cats, shall permit the animal to run or fly at large in the city, or to trespass upon the premises of any other person.

(b)

No owner, keeper or possessor or other person in control of any domestic household cat shall permit such cat to be at large. For purposes of this provision, a domestic household cat shall not be considered to be at large while on the premises of their owner even though the cat is not confined within a fenced area or otherwise under restraint.

(Code 1977, § 6.08.060; Ord. No. 1027, § 2, 10-6-2009)

(a)

Dogs trespassing on public or private property. No person shall permit any dog owned, possessed or harbored by him to:

(1)

Trespass upon any private property which he does not own or control; provided that this section shall not apply to any person who takes a dog upon private property not owned by him or under his control if he does it with the consent of the person who owns or controls such property, and if the dog is either confined in a vehicle or under such person's direct control.

(2)

Trespass upon any street or public place unless the dog is under the direct control of the owner or is confined within a locked, parked vehicle with or without the owner being present.

(b)

Exceptions. K-9 dogs, while on duty, shall be exempt from the provisions of this section as long as they are under the control of their commanding officer.

(Code 1977, § 6.08.020; Ord. No. 1027, § 3, 10-6-2009)

(a)

Keeping vicious or dangerous animal. It shall be unlawful for any person to own, harbor, possess, or maintain within the city limits any animal that is vicious or dangerous as defined in this chapter, unless the municipal court orders the animal returned to the person owning, harboring, possessing or maintaining the animal under restrictions designated by the municipal court.

(b)

Keeping nuisance animal. It shall be unlawful for any person to own, harbor, possess or maintain an animal which is a public nuisance.

(c)

Keeping diseased animal. No person shall keep any animal which is known or believed by him to be infected with a dangerous or communicable disease.

(d)

Defenses.

(1)

Defenses. It is a defense to prosecution under this section that the biting, attacking or death was sustained by a person who:

a.

At the time was committing a willful trespass or other tort upon the property occupied by the owner of the animal;

b.

Was tormenting, abusing, or assaulting the animal or has, in the past, been observed or reported to have tormented, abused, or assaulted the animal;

c.

Was committing or attempting to commit a crime.

(2)

A K-9 dog which approaches a person in an apparent attitude of attack or which attacks or bites a human upon command of the person in charge of the animal at the time of the incident shall not, by reason of such incident, be deemed to be in violation of this section.

(3)

Subsections a., b. and c. of this section shall not apply to any licensed veterinary hospital, kennel, or zoo where such animals are adequately cared for with due regard for public health and safety.

(Code 1977, § 6.08.070; Ord. No. 1027, § 4, 10-6-2009)

(a)

Domestic livestock, including but not limited to cattle, swine, fowl or horses, shall not be maintained, kept or raised within the city except within a district zoned for agriculture or rural estates. Less than five fowl maintained by one or more owners shall be exempted from this provision.

(b)

In any district zoned for agricultural, residential or rural estates, rabbits, ducks, geese, chickens, hamsters, chinchillas, guineas, pigeons and other similar size small animals or fowl may be kept. In residential and rural estates districts, no more than four adults and 14 young under the age of 12 weeks, may be kept and must be in pens located at least ten feet from any adjoining property line of a residence, church, school or business. Such animals shall be kept within an enclosure sufficient to prevent them from escaping there from, and all cages, hutches or houses shall be kept in a clean and sanitary condition and disinfected in such a manner and to the extent necessary to prevent odors or unsanitary conditions. No person shall keep rabbits, ducks, geese, chickens, hamsters, chinchillas, guineas, pigeons and other similar size small animals or fowl that create a nuisance. This subsection shall not authorize the keeping of any animal that is considered wild and non-domesticated.

(Code 1977, § 6.08.100; Ord. No. 942, § 1, 8-2-2005)

No person shall own, possess, keep or harbor any animal which barks, whines or howls in an excessive, continuous or untimely fashion, or emits any loud or offensive noise, which disturbs the tranquility of the neighborhood or adjoining residents.

(Code 1977, § 6.08.050; Ord. No. 1027, § 5, 10-6-2009)

(a)

The animal control officer, upon the filing of a verified complaint of a vicious or dangerous animal, shall forward to the municipal prosecutor the official report. The municipal prosecutor shall make a determination on the case and if applicable set the case for a hearing before the municipal judge to determine if the animal is vicious or dangerous as defined by this Code.

(b)

This hearing shall be in addition to any hearings, which may be required on criminal charges. Said hearing may be held in conjunction with the criminal proceedings.

(c)

At the hearing the municipal judge shall be empowered to make one of the following determinations as a result of said hearing:

(1)

That the animal is in fact not vicious or dangerous, in which event the animal control officer shall cause the animal to be surrendered to the owner. The owner shall be responsible for all charges in relation to the sheltering of the animal, unless otherwise ordered by the court.

(2)

That the animal is in fact vicious or dangerous and should be destroyed.

(3)

That the animal is in fact vicious or dangerous but that for good cause shown, the animal should not be destroyed in which event the judge shall order one of the following:

a.

That the animal be immediately removed from the corporate limits of the city and not to ever be again allowed within the corporate limits of the city, or

b.

That the owner be allowed to maintain the vicious or dangerous animal within the corporate limits of the city under the conditions outlined in section 14-9.

(d)

Dogs shall not be declared vicious or dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.

(e)

All owners, whose animal is adjudged to be vicious or dangerous at the hearing, and sentence imposed by the municipal judge pursuant to this section, upon written demand, may appeal the judge's decision with ten days to the district court of the county.

(f)

This section shall not apply to K-9 dogs.

(g)

Any person violating or permitting the violation of any provision of this section by allowing a vicious or dangerous animal to remain in the city shall be deemed to be in violation of section 14-5 of this Code for "Keeping vicious, dangerous, nuisance or diseased animals." Each day upon which a violation continues shall be deemed a separate offense.

(Ord. No. 937, § 1, 8-16-2005; Ord. No. 1027, § 6, 10-6-2009)

The municipal judge may order such conditions as appropriate, but which shall be no less restrictive than the following:

(1)

Pursuant to the provisions of subsection 14-8(c)(3) no animal covered by this section shall be permitted to go outside its kennel or pen unless such animal is under the direct control of a person over the age of 17. In addition, all animals outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such animal from biting persons or other animals. No person shall permit said animal to be leashed to inanimate objects such as trees, posts, buildings, etc. when outside of the kennel or pen.

(2)

All animals covered by this section shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have at least 150 square feet of space for each animal therein that is six months of age or older. The pen or kennel must have secure sides and a secure top attached to the sides. All structures used to confine said animals must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house said animals must comply with all zoning and building regulations of the city. All such structures must provide protection from the elements for the animal and be adequately lighted, ventilated and kept in a clean and sanitary condition.

(3)

No animal covered by this section may be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure.

(4)

All owners, keepers or harborers of animals covered by this section within the city shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Vicious Animal." In addition, a similar sign is required to be posted on the kennel or pen of such animal. The owner shall also display a sign with a warning symbol that informs children of the presence of a vicious or dangerous animal.

(5)

All owners, keepers or harborers of animals covered by this section must provide proof to the city animal control officer of public liability insurance in a single incident amount of $50,000.00 for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten days' written notice is first given to the city animal control division.

(6)

All owners of animals covered by this section shall pay an annual fee of $20.00, in addition to regular licensing fees, to register the vicious animal.

(7)

The animal control officer, or any peace officer, shall have the authority to immediately confiscate any vicious or dangerous animal that is kept in violation of this section.

(8)

Any person violating or permitting the violation of any provision of this section shall be punishable as provided in section 1-8. Each day upon which a violation continues shall be deemed a separate offense.

(Ord. No. 938, § 1, 8-16-2005; Ord. No. 1027, § 7, 10-6-2009)

(a)

It shall be unlawful for any person to allow any dog owned, harbored, possessed or maintained by him within the city to exhibit menacing behavior.

(b)

Menacing behavior as used in this section means that a dog, while not under direct control or under restraint as defined in section 14-1, causes a reasonable person to believe that an unprovoked attack on a person or on a domestic animal is imminent.

(c)

No dog shall be determined to be exhibiting menacing behavior toward a person who at the time such behavior was exhibited:

(1)

Was committing a willful trespass or other tort upon property occupied by the person who owns, harbors, possesses or maintains the animal;

(2)

Was tormenting, abusing, or assaulting the dog or who had, in the past, been observed or reported to have tormented, abused, or assaulted the dog; or

(3)

Was committing or attempting to commit a crime.

A K-9 dog which attacks a human upon command of the person in charge of the dog at the time of the incident shall not, by reason of such incident, be deemed to be exhibiting menacing behavior.

(Ord. No. 1027, § 8, 10-6-2009)

K-9 dogs shall be exempt from the provisions of this chapter, other than those provisions dealing with humane care and treatment, cruelty and with rabies and diseases, as long as such animals are under the direct control of their handler.

(Ord. No. 1027, § 9, 10-6-2009)

(a)

No person shall beat, maim, poison, kill or otherwise mistreat any animal; nor shall any animal be overworked or overloaded, or worked while in an injured condition, or left underfed or exposed to unsanitary, diseased conditions or other inhumane care. No person shall instigate or allow combat between animals or between animals and humans.

(b)

No person shall expose any poisonous substance in a residential area where the substance may constitute a hazard to humans or domestic animals in the neighborhood.

(c)

The owner or keeper of any animal which has died shall be responsible for disposal of its body. Any person who knows the location of the dead animal within the city limits shall give immediate notice to the animal control officer. The proper authority shall cause the dead animal to be removed within 12 hours after receipt of such notice.

(d)

Nothing in this section shall prevent the proper authority from killing an animal where authorized by this chapter.

(Code 1977, § 6.08.080)

Every person who willfully or negligently strikes any animal with an automobile and injures or kills such animal shall notify the police department immediately after the occurrence, giving the time and place of the injury or death, together with a description of the animal, and the name and address of the person making the report.

(Code 1977, § 6.08.090)

(a)

No performing animal exhibition or circus shall be permitted in which animals are induced to perform through the use of chemical, mechanical or electrical devices in a manner which will cause, or is likely to cause, physical injury or suffering.

(b)

All equipment used on a performing animal shall fit properly and be in good working condition.

(Code 1977, § 6.08.110)

The following sanitary conditions are required for commercial animal establishments:

(1)

Any building, fence or pen or other enclosure in which the dogs or cats are confined shall be located 50 feet from any building used for human habitation, and no human habitation shall be allowed within the animal establishment.

(2)

The owner shall keep all buildings, pens and fences or other enclosures in which the dogs or cats are confined in a sanitary condition.

(3)

Facility premises are subject to inspection at any time by the animal control officer, police officers or state or county health officers.

(Code 1977, § 6.12.140)

State Law reference— Animal Facilities Protection Act, 21 O.S. § 1680 et seq.

(a)

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

(b)

Potable water shall be provided as often as necessary for the health and comfort of each animal. Frequency of watering shall consider age, species, condition, size and type of animal.

(c)

Persons violating the provisions of this section shall be subject to the penalties provided in section 1-8.

(Ord. No. 963, § 1, 3-21-2006)

(a)

No dogs, cats or other small animals shall be confined within a motor vehicle under such conditions as may endanger the health or well-being of the animal, including, but not limited to dangerous temperatures, lack of food or water.

(b)

Persons violating the provisions of this section shall be subject to the penalties provided in section 1-8.

(Ord. No. 964, § 1, 3-21-2006)

(a)

It is unlawful for any person owning, harboring, or having care, custody or control over any animal to abandon any animal within the City of Mustang.

(b)

Persons violating the provisions of this section shall be subject to the penalties provided in section 1-8.

(Ord. No. 965, § 1, 3-21-2006)

(a)

It shall be the responsibility of any holder of a kennel license under this chapter to provide for the rabies vaccination of all dogs or cats six months or older under his control.

(b)

The burden of proving that all dogs or cats under his control have had the required rabies vaccination shall lie with the kennel license holder.

(Code 1977, § 6.12.230)

(a)

Any animal exposed or believed to have been exposed to rabies shall be confined by a veterinarian, at the owner's expense, for a period of ten days, as may be directed by the animal control officer. The veterinarian shall be in Canadian County or Oklahoma County. The cost of such confinement shall be paid in advance by the owner or caretaker of the animal.

(b)

No person knowing or believing an animal is rabid or has been exposed to rabies shall remove or allow to be removed such animal from its place of observation.

(c)

Any person knowing an animal to be rabid or believing it to have been exposed to rabies shall inform the animal control officer of that fact. Upon ascertaining an animal to be rabid, the animal control officer or a police officer shall remove the animal to a veterinary hospital or summarily destroy it.

(Code 1977, § 6.08.040(E)—(G))

Any dog or cat which bites, scratches or otherwise causes an abrasion of the skin on a human shall be confined by a veterinarian in either Oklahoma County or Canadian County for a period of ten days or longer, as required by the state health department. The cost of the confinement shall be paid in advance by the owner or caretaker of the animal.

(Code 1977, § 6.08.040(H))

If the owner of an animal refuses to allow the animal to be placed in the care of a veterinarian as set forth in this article, the animal shall be ordered destroyed by the animal control officer or the chief of police. The animal shall be killed in a humane manner by some competent person, and the head shall be furnished to the state department of health for rabies examination.

(Code 1977, § 6.08.040(I))

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

Neuter means to render a male dog or cat unable to reproduce.

New owner and owner mean a person legally competent to enter a contract acquiring a dog or cat from a releasing agency.

Releasing agency means any pound, shelter or humane society organization, whether public or private.

Spay means to remove the ovaries of a female dog or cat in order to render the animal unable to reproduce.

Sterilization means to spay or neuter a dog or cat.

(Code 1977, § 6.16.020)

Cross reference— Definitions generally, § 1-2.

State Law reference— Similar provisions, 4 O.S. § 499.1.

No dog or cat may be released for adoption from a releasing agency unless the animal has been surgically spayed or neutered, or unless the adopting party signs an agreement to have the animal sterilized and deposits funds with the releasing agency to ensure that the adopted animal will be spayed or neutered. The amount of the deposit required shall be determined by each individual releasing agency. In no event shall the required deposit be less than $15.00. The amount of the deposit required by the city animal control shelter shall be as set forth in section 42-14.

(Code 1977, § 6.16.030)

State Law reference— Similar provisions, 4 O.S. § 499.2.

The funds deposited with the releasing agency pursuant to section 14-252 shall be refunded to the adopting party upon the adopting party's presentation of a written statement signed by a licensed veterinarian that the adopted animal has been spayed or neutered. However, no refunds shall be made unless the animal was spayed or neutered within 60 days of adoption in the case of adult animals, or, in the case of infant animals, within 30 days of the date a female animal attained the age of six months or a male animal attained the age of eight months.

(Code 1977, § 6.16.040)

State Law reference— Similar provisions, 4 O.S. § 499.3.

Releasing agencies may adopt any additional rules to implement this division, provided such rules do not conflict with the provisions or purpose of this article or the Dog and Cat Sterilization Act (4 O.S. § 499 et seq.) to require the spaying and neutering of all dogs and cats adopted from releasing agencies. The sterilization agreement to be used by releasing agencies shall be in substantially the following form:

STERILIZATION AGREEMENT

This Agreement is made and entered into this _____ day of _______, ___, by and between:

In consideration of the releasing of said animal, and in further consideration of mutual obligations herein, Releasing Agency releases the following animal to the New Owner:

_____
(Describe animal)

1.

Releasing Agency agrees to release the above listed animal into the care of the new owner and refund the new owner's spay/neuter deposit provided that:

(1)

The animal is sterilized by a graduate licensed veterinarian by   (give date)  .

(2)

A written statement, signed by the veterinarian performing the sterilization, that the animal has been sterilized by the stated date, is given to the releasing agency.

2.

New Owner accepts the above listed animal and agrees:

(1)

To have the animal sterilized by a graduate licensed veterinarian by   (give date)  .

(2)

To provide written evidence to the releasing agency from the veterinarian performing the sterilization that the animal has been sterilized by the above date listed.

This Agreement shall be binding upon the assigns, heirs, executors and administrators of the respective parties.

The parties hereto have hereunto set their hands the day and year first above written.

(Code 1977, § 6.16.050)

State Law reference— Similar provisions, 4 O.S. § 499.4.

Upon presentation of a written report from a licensed veterinarian stating that the life or health of an adopted animal may be jeopardized by surgery, the releasing agency shall grant a 30-day extension of the period within which the spay or neuter surgery would otherwise be required. Further extensions may be granted upon additional veterinary reports stating their necessity.

(Code 1977, § 6.16.060)

State Law reference— Similar provisions, 4 O.S. § 499.5.

If requested to do so, releasing agencies shall refund funds deposited pursuant to this article to the adopting party upon reasonable proof being presented to the releasing agency by the adopting party that the adopted animal died before the expiration of the period during which the spaying or neutering was required to be completed.

(Code 1977, § 6.16.070)

State Law reference— Similar provisions, 4 O.S. § 499.6.

Funds which have been forfeited by adopting parties under this article shall be placed in a separate account, which shall be an interest-bearing account whenever feasible, and releasing agencies shall allocate funds from the account to programs which directly promote, subsidize or otherwise reduce the cost of spaying or neutering animals of the releasing agency. Allocations by the city releasing agency shall be approved by the city council. The releasing agency shall maintain accurate records of accounts which fund spay/neuter programs.

(Code 1977, § 6.16.080)

State Law reference— Similar provisions, 4 O.S. § 499.7.

Subject to the provisions and purposes of this article and laws of the state, releasing agencies may establish adoption standards for pets in their care; provided, however, that in the case of public facilities the standards must be reasonably related to the prevention of cruelty to animals and the responsible management of dogs and cats in the interest of preserving public health and welfare, and shall be applied in a fair and equal manner to all potential adopters.

(Code 1977, § 6.16.090)

State Law reference— Similar provisions, 4 O.S. § 499.8.

The provisions of this article shall not be construed to require the sterilization of dogs and cats which are being held in releasing agencies which might be claimed by their rightful owners, nor shall it be construed to require the sterilization of dogs and cats held pursuant to the provisions of 4 O.S. §§ 391—402.

(Code 1977, § 6.16.100)

State Law reference— Similar provisions, 4 O.S. § 499.9.

(a)

Authority of animal control officers. Animal control officers, as designated by the chief of police, are authorized to enforce the provisions of ordinances dealing with animals. In carrying out such duties, animal control officers may arrest any person violating such provisions and, without a warrant, may issue a citation to such person to appear in court.

(b)

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

(1)

He shall prepare a written citation to appear in court containing the name and address of the cited person and the offense charged, and stating when the person shall appear in court. 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)

One copy of the citation to appear shall be delivered to the person cited, and such person shall sign a duplicate written citation which shall be retained by the officer.

(3)

The officer shall thereupon release the cited person from any custody.

(4)

As soon as practicable, the officer shall cause to be filed one copy of the citation with the court specified therein.

(c)

Failure to appear in response to citation. If a person fails to appear in response to a citation, a warrant for his arrest shall issue, and any person who willfully fails to appear in response to a citation is guilty of an offense.

(Code 1977, § 6.08.010)

The presiding municipal judge may designate specified offenses dealing with animals in respect to which payment of fines may be accepted by the municipal court. Unless otherwise provided in this Code, the presiding judge may specify what number of such offenses shall require appearance before the magistrate, and may specify, by suitable schedules, the amount of fines which may be accepted in satisfaction of each specified offense for first, second and subsequent offenses. The fines shall be within the limits declared by this Code.

(Code 1977, § 6.08.140)

(a)

Impoundment authorized. Unless otherwise provided in this chapter, any animal, either licensed or unlicensed, which is not confined shall be taken by the animal control officer or his duly appointed representative, or by any police officer. If such animal is so vicious that it cannot be safely taken up, it may be killed by the officer seeking to apprehend it.

(b)

Place of confinement. Any animal so taken up shall be confined in the city animal shelter or, for exigent reasons, may be confined in an alternate approved facility.

(c)

Notification of owner. If, by a city license tag, the owner of an impounded animal can be identified, the animal control officer shall immediately upon impoundment attempt to notify the owner.

(d)

Payment of fees. An owner reclaiming an impounded animal shall pay the required fee.

(e)

Disposition of animals not reclaimed by owner. Any animal not reclaimed by its owner within five working days after impoundment may be disposed of in the manner provided by section 14-54.

(f)

Issuance of citation. In addition to or in lieu of impounding an animal found at large, the animal control officer or other designated officer may issue to the owner, if known, a citation for violation of this chapter. This citation will require the owner or caretaker of the animal to appear in municipal court at a prescribed time and answer the charges made against him.

(g)

Proof of ownership of animal. Prior to reclamation of any animal, the owner shall present a bill of sale or other evidence acceptable to the animal control office showing proof of ownership. Home-raised animals without a bill of sale or identifiable marking (tattoo, brand, etc.) shall be released only after the animal control officer or his designee is satisfied that the person is the rightful owner of the animal.

(Code 1977, § 6.08.030; Ord. No. 1099, § 1, 2-4-2014)

No person shall hinder, delay or obstruct any person duly authorized to take animals into custody or to the city animal shelter during the performance of his official duties.

(Code 1977, § 6.08.120)

No person shall break open or in any manner directly or indirectly aid or assist in or counsel or advise the breaking open of any city animal shelter.

(Code 1977, § 6.08.130)

Any animal not reclaimed by its owner within the time required by subsection 14-51(e) may be disposed of only in the following manner:

(1)

Humanely euthanized;

(2)

Donated to a licensed educational or research institution in accordance with the provisions of 4 O.S. §§ 391 through 402; or

(3)

Placed for adoption as a pet in a suitable home.

Animals that may be appropriate for adoption may be delivered to a licensed animal dealer or a licensed animal rescue group to be placed for adoption in a suitable home, at no cost to the city. If a suitable home is found, the dealer or group completing the adoption shall provide a record of such adoption to the city. In the event a suitable home is not found, the animal shall be returned to the animal control officer for further disposition. Animals may be held for possible adoption for a minimum period of at least 60 days, provided, animals need not be held for possible adoption if doing so would cause the animal shelter to exceed its occupancy limit.

(Ord. No. 1099, § 2, 2-4-2014)

State Law reference— Similar provisions, 4 O.S. § 501.

In the event an impounded animal suffers from sickness, injury or mistreatment, the impounded animal may be released to the care of a licensed veterinarian or to a licensed facility that provides care to injured animals; provided, such veterinarian or licensed care facility shall return the animal to the owner at the request of the city and at no cost to the owner during the reclamation period set forth in subsection 14-51(e). If the animal remains unclaimed for the period provided in subsection 14-51(e), the animal shall be disposed of in the manner provided in section 14-54. An impounded animal may be euthanized at any time as determined necessary by a veterinarian licensed by the State of Oklahoma.

(Ord. No. 1099, § 3, 2-4-2014)

All fees and charges for licenses, permits and registrations pertaining to animals, and all other fees specifically required by this chapter, shall be as set by resolution of the city council upon the recommendation of the city manager. Fees and charges recommended by the city manager shall be consistent with the total costs of providing the services but still be reasonable and not overburdensome to the average citizen using the services.

(Code 1977, § 6.12.290)

Except with regard to cats kept permanently under restraint, any person owning or keeping any dog or cat over six months of age within the city must obtain a license as provided in this division. This provision shall not apply to Seeing Eye dogs or governmental police dogs.

(Code 1977, § 6.12.010)

Application for a license under this division must be made within 30 days after obtaining a dog or cat, except that this requirement does not apply to a nonresident keeping an animal within the city for no longer than 60 days.

(Code 1977, § 6.12.020)

The animal control officer of the city shall keep a register of all animal licenses issued, in which he shall enter the following information:

(1)

The names and addresses of the persons to whom issued;

(2)

A description of the animal licensed;

(3)

The amount paid therefor;

(4)

The date of issuance and expiration of the license; and

(5)

The number of the license and metal license check issued.

(Code 1977, § 6.12.030)

The licensing period under this division shall begin January 1 and the license shall run for the remainder of the year. Application for the license may be made 30 days prior to and up to 60 days after the start of the year. Persons applying for a license during the year will pay a prorated fee according to a quarterly schedule.

(Code 1977, § 6.12.040)

(a)

A license shall be issued under this division after payment of a fee and after proof of a rabies vaccination for any dog or cat at least six months of age which is capable of transmitting rabies is received.

(b)

Dogs under three months of age and dogs that have previously manifested an allergic reaction to modified live attenuated virus vaccines may be vaccinated with another attenuated virus vaccine. If a modified live attenuated vaccine or its equivalent is used, the dog may be immunized within the 120-day period immediately preceding the expiration date of the current license.

(c)

If the phenolized vaccine is used, the dog shall be immunized within the 60-day period immediately preceding the expiration date of the current license. The vaccination required by this section shall be performed by a veterinarian duly licensed to practice in this state.

(d)

The type of vaccine used shall be designated on all copies of the receipt for the dog license.

(Code 1977, §§ 6.08.040, 6.12.050)

Upon acceptance of the application and fee for a license under this division, the licensing authority shall issue a durable tag or identification collar stamped with an identifying number and the year of issuance. Tags should be so designed that they may be conveniently fastened or riveted to the animal's collar or harness. The licensing authority shall maintain a public record of the identifying numbers of all tags issued.

(Code 1977, § 6.12.060)

A duplicate dog or cat license may be obtained upon payment of a replacement fee.

(Code 1977, § 6.12.070)

Dogs and cats shall wear their identification tags or collars at all times, and no person shall use any license for any animal other than the one for which it was issued, nor shall any person remove an animal's license tag without the owner's consent.

(Code 1977, § 6.12.080)

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 commercial animal establishment and private animal shelter operations within the city.

(Ord. No. 1283, § 2, 3-7-2023)

All federal, state and municipal facilities shall be exempt from the provisions of this article.

(Ord. No. 1283, § 2, 3-7-2023)

(a)

License required. No person shall operate a commercial animal establishment or animal shelter without first obtaining a license in compliance with this division.

(b)

Condition of license. It shall be a condition of the issuance of any license that animal control, code inspectors, building inspectors, police, and state or county health department officials shall be permitted to inspect all animals and the premises where animals are kept at any time; and, if permission for such inspection is refused, it shall be the basis for denial or revocation of a license to the refusing owner.

(Ord. No. 1283, § 2, 3-7-2023)

No person who has been convicted of an offense related to cruelty, abuse or neglect to animals shall be issued a license to operate a commercial animal establishment or an animal shelter.

(Ord. No. 1283, § 2, 3-7-2023)

If the applicant for a license under this division has withheld or falsified any information on the application, a license shall not be issued.

(Ord. No. 1283, § 2, 3-7-2023)

A license issued pursuant to this division shall expire one year from its date of issue.

(Ord. No. 1283, § 2, 3-7-2023)

A license issued under this division is non-transferable.

(Ord. No. 1283, § 2, 3-7-2023)

A person required to procure a license under this division shall pay a license fee to the city. A schedule of fees is hereby levied for the licensing of commercial animal establishments and animal shelters in the amounts established in chapter 42, fees.

(Ord. No. 1283, § 2, 3-7-2023)

In addition to any other requirements of this Code, detailed plans and specifications shall be submitted to the community development department to construct or remodel any animal shelter or kennel. Written approval of plans and specifications must be obtained from the community development department prior to any construction or remodeling. The person submitting plans and specifications for review shall pay to the city the fee established in section 42-14.

(Ord. No. 1283, § 3, 3-7-2023)

Any plans and specifications for animal shelters or kennels 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. 1283, § 3, 3-7-2023)

No fee is required of any veterinary hospital or government-operated zoological park for the license required by this division.

(Ord. No. 1283, § 3, 3-7-2023)

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 animal shelter or kennel personnel.

(Ord. No. 1283, § 3, 3-7-2023)

(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 requirements of Chapter 18 of this Code.

(c)

Water. Adequate potable water shall be provided. Back flow preventers shall be installed on any threaded faucets.

(d)

Heating. Indoor housing for domestic animals shall be sufficiently heated when necessary to protect pet animals from cold, and to provide for their health and comfort. The ambient temperature shall be made consistent with the requirements of the particular species.

(e)

Ventilation. Indoor housing of animals shall be adequately ventilated with fresh air to minimize ammonia levels, odors and moisture and to provide for the health and comfort of the animals at all times. Auxiliary ventilation, such as exhaust fans and vents or air conditioning, shall be provided when the ambient temperature is 85 degrees Fahrenheit or higher.

(f)

Lighting. Adequate lighting must be provided a minimum of eight hours per day. Such lighting shall provide a minimum of 25-foot candles of illumination for 30 inches above floor level and must be uniformly distributed. Enclosures must be positioned to protect animals from excessive illumination.

(g)

Drainage. A suitable method shall be provided to rapidly eliminate excess water from animal housing facilities. If drains are used, they shall be properly constructed and kept in good repair. If closed drainage systems are used, waste water shall be disposed of by connection to a sanitary sewer or any approved sewage disposal system.

(Ord. No. 1283, § 3, 3-7-2023)

(a)

Generally. All enclosures shall be structurally sound and maintained in good repair to protect the animals from injury, to contain them and to prevent vermin or other animals from entering. They shall be constructed and maintained to enable the animals to remain dry and clean, to provide protection from severe weather, and to provide convenient access to clean food and water.

(b)

Flooring. The floors of the enclosures shall be constructed to prevent injury to animals' feet and legs and shall be made of a solid material easily sanitized and replaceable when worn or soiled, and be constructed with a drainage slope to prevent standing water. Outdoor flooring with direct sunlight may be constructed of compacted earth, sand, gravel, wood, grass, absorbent bedding materials or materials constructed for outdoor flooring use.

(c)

Space requirements. Enclosures must be constructed to provide sufficient space to allow each animal to exercise normal postural movements.

(d)

Additional requirement for cats. A receptacle containing sufficient clean litter shall be provided to contain organic wastes. A minimum of 24 inches of vertical space with a raised resting area large enough to accommodate the cat breed shall be provided in addition to a required floor space of three feet.

(e)

Exercise areas.

(1)

Dogs: One run must be provided for every 18 primary enclosures. The run must be of sufficient size to allow an animal to break into a run, and have sufficient fencing for containment, constructed of appropriate material and of appropriate height to contain the breed of dog(s) being housed. At least two exercise periods per day of 20 minutes each shall be provided. The runs cannot be for public use and the runs cannot be public areas such as dog parks.

(2)

Cats: One room must be provided for every 18 primary enclosures. The room must be of sufficient size with a natural light source and elevated resting surfaces to accommodate and allow socialization of the cats and kittens, and provide outlets for instinctive behaviors.

(Ord. No. 1283, § 3, 3-7-2023)

(a)

Adequate water. Access shall be provided to hot water for cleaning and sanitizing of enclosures and facilities.

(b)

Cleaning of animal enclosures. Animal waste shall be removed from enclosures daily and/or as often as may be necessary to prevent contamination of the animals and to reduce disease hazards and odors. Cages and litter receptacles shall be cleaned as often as may be necessary to maintain sanitary conditions and maintain low levels of ammonia by washing all surfaces with a detergent solution followed by a safe and effective sanitizer or by using a combination detergent/disinfectant product that accomplishes the same purpose during a thorough scrubbing of surfaces. Animals must be removed from the enclosures during the cleaning process and precautions taken to avoid cross contamination.

(c)

Equipment cleaning. Water and food containers and all other utensils shall be cleaned and sanitized using generally acceptable methods such as the use of heat or chemical sanitizing solution. These containers shall be cleaned and sanitized as often as necessary to maintain sanitary conditions.

(d)

Waste disposal. Animal and food wastes, bedding, dead animals, debris and other organic wastes shall be disposed of in a manner that ensures that vermin infestation, odors, disease hazards and nuisances are minimized. Animal excrement shall be disposed of in accordance with department of environmental quality rules and regulations.

(e)

Property, generally. The kennel property shall be kept clean, in good repair, and free of trash and animal waste.

(f)

Pest control. An effective program for the control of insects, ectoparasites and avian and mammalian pests shall be maintained.

(g)

Storage of food and supplies. Supplies of food and bedding shall be stored:

(1)

Off the floor; or

(2)

In waterproof closed containers and adequately protected against moisture, mold, insect infestation or contamination by vermin and insects.

(h)

Dead animals. Animals that die at the facility shall be stored and disposed of in a timely manner in accordance with department of environmental quality rules and regulations.

(Ord. No. 1283, § 3, 3-7-2023)

(a)

All animals shall be fed at least once a day and shall be provided potable water at all times except when under special veterinary care. The food and water shall be free from contamination, palatable, and of sufficient quality and nutritive value to meet the normal daily requirements for the condition and size of the animal. Refrigeration shall be provided for perishable food.

(b)

Food and water containers shall be accessible to the animal and located to minimize contamination by excreta. These containers shall be cleaned and sanitized daily. Self-feeders and self-waterers may be used if cleaned and sanitized daily.

(Ord. No. 1283, § 3, 3-7-2023)

Animals housed in the same enclosure shall be maintained in compatible groups, with the following additional restrictions:

(1)

Females. Females in heat shall not be housed in the same primary enclosure with males, except for breeding purposes.

(2)

Aggressive animals. Any aggressive animal shall be housed individually in an enclosure.

(3)

Puppies or kittens. Puppies or kittens shall not be housed in the same primary enclosure with adult dogs or cats other than their dams, except when permanently maintained in breeding colonies. Puppies shall be housed with their dam or foster dam, and kittens shall be housed with their queen or foster queen, up to the age of weaning.

(4)

Dogs shall not be housed in the same primary enclosure with cats, nor shall dogs or cats be housed in the same primary enclosure with any other species of animals.

(5)

Boarded animals shall not be housed in the same primary enclosure with those from another household unless the owners have been informed of and consented to that arrangement.

(6)

Whelping dams and queens shall be housed in a separate enclosure. The whelping enclosure must be large enough to accommodate the dam or queen and the total of puppies or kittens born.

(Ord. No. 1283, § 3, 3-7-2023)

Dogs and cats kept in animal shelters or kennels shall be vaccinated against rabies by a licensed veterinarian. Proof of the current rabies vaccination for each animal housed must be made available if requested during an inspection of the premises.

(Ord. No. 1283, § 3, 3-7-2023)

(a)

Communicable disease. Animals under quarantine or treatment for a communicable disease shall be physically separated from other susceptible animals to minimize dissemination of disease. Such quarantine area should have a separate ventilation system.

(b)

Observation and separation. Animals shall be observed daily for signs of disease. An animal suspected of having an infectious disease shall be physically separated from other animals until the condition is determined to be noninfectious.

(c)

Parasites. Treatment and prevention shall be provided for animals having external parasites.

(d)

Humane care. Sick or injured animals shall be provided with access to veterinary care within 24 hours or as soon as practicable. Animals in need of basic grooming in order to see, hear, eat and walk properly and without pain and discomfort shall be provided necessary grooming in accordance with the breed standards for the dog or cat.

(e)

Disposal in a humane manner. Animals with untreatable diseases, or injuries, or of an aggressive nature shall be disposed of in a humane manner.

(f)

Quarantine. In breeding kennels, animal control may require laboratory testing of a suitable number of animals or specimens to determine if such animals are disease free. The costs of the laboratory tests shall be the responsibility of the licensee. Quarantine will be lifted only through written release by animal control when it is determined a health risk no longer exists.

(Ord. No. 1283, § 3, 3-7-2023)

(a)

Kennels and animal shelters must:

(1)

Be located in agricultural, commercial, light industrial or moderate industrial zoning districts. Kennel and animal shelter uses in commercial or industrial zoning district will be under review and require a specific use permit.

(2)

Be conducted no nearer than 50 feet to the boundary of an adjoining property regardless of the zoning classification;

(3)

Be located on property 100 feet from any residentially zoned property and 300 feet from any residential structure.

(4)

Be located on a property no smaller than five acres;

(5)

Comply with required fencing and screening;

(6)

Have their principal entrances and exits on an arterial street; and

(7)

Be constructed and operated so that sounds therefrom are not audible in any adjoining residential, office or commercial district.

(b)

Accessory uses may include confinement facilities for animals, parking, and storage areas.

(c)

No burning of refuse or dead animals, and no mass burials of dead animals, shall be permitted and all drainage shall be away from adjoining properties.

(Ord. No. 1283, § 3, 3-7-2023)

(a)

For the purposes of this section, the term "commercial pet breeder" shall have the same meaning as given in 4 O.S. § 30.2.

(b)

In addition to the above requirements applicable to kennels and animal shelters, commercial pet breeders shall comply with 4 Okla. St. Chapters 1A and 2.

(c)

As required by 11 Okla. St. § 22-115.1, no commercial pet breeder shall be located within 2,500 feet of a public or private school or licensed day care facility.

(Ord. No. 1283, § 3, 3-7-2023)

The city manager may, after opportunity for hearing before the city manager or his designate, revoke any kennel or animal shelter license if the person holding the license refuses or fails to comply with this chapter or any law governing the protection and keeping of animals. Any person whose license is revoked shall, within ten days thereafter, humanely dispose of all animals owned, kept or harbored by such person by humane euthanasia, or shall be released to a § 501(C)(3) animal rescue organization, an animal humane society, an individual for adoption, or a municipal animal welfare agency. No part of the license fee shall be refunded.

(Ord. No. 1283, § 3, 3-7-2023)