§ 92.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADEQUATE VENTILATION.  The air in an environment can be removed and replaced by fresh air from outside. Air conditioning units are not enough to replace the air in animal housing facilities.
   ANIMAL.  Any live, vertebrate creature, whether domestic or wild.
   ANIMAL WILD BY NATURE.  Any animal, which because of its dangerous physical features, great size or its vicious nature, presents a clear and proven danger to human beings is not allowed in the city limits of Claremore.
   AT HEEL.  When a dog is obedient to and under the immediate control and supervision of its owner or its owner’s agent.
   AT LARGE.  Not securely confined by a fence or other means; on premises under the control of, or occupied by, the owner, a member of his immediate family or an agent of the owner, by leash or otherwise, whether on the owner’s premises or not. Any type of electric underground fencing does not apply as sufficient fencing. A cat not in physical control by its owner. One must be able to control the animal he has in his possession.
   ATTACK.  Violent or aggressive physical contact with a person, dog or cat with the intent to cause harm or the infliction of serious injury.
   CAT.  Any member of the feline family.
   CHIEF OF POLICE.  The City of Claremore Chief of Police or his or her designate.
   CITY CLERK.  The City of Claremore City Clerk or authorized designate thereof.
   COMMERCIAL ANIMAL ESTABLISHMENT (TYPE A).  Any stable or boarding facility, grooming or bathing facility or boarding facility, carriage horse or pony service, or sentry or guard dog service.
   COMMERCIAL ANIMAL ESTABLISHMENT (TYPE B).  Any business keeping animals in stock for retail or wholesale trade which shall include, but not be limited to, wholesale distributors, pet stores, stockyards, breeders and hatcheries.
   COMMERCIAL BREEDER.  Must provide proof through the State of Oklahoma that they hold a commercial breeders license. The city does not sell or offer a commercial breeders license.
   DANGEROUS DOG.  Has inflicted severe injury on a human being without provocation on public or private property; has been previously found to be potentially dangerous, the owner having received notice of such by the animal control authority in writing and the dog thereafter aggressively bites, attacks or endangers the safety of humans, or has been previously found to be potentially dangerous, the owner having received notice of such by the animal control authority in writing and the dog thereafter kills or severely injures a domestic animal.
   DOG.  Any animal of the canine species.
   DOMESTIC ANIMAL.  Dogs and cats, as well as horses, donkeys, mules, burros, cattle, sheep, goats, swine, rabbits and fowl.
   ENFORCEMENT.  It is the duty of the Animal Control Officer, or such officer or employee of the city as may be authorized by the Chief of Police, to enforce the provisions of this chapter by impounding, issuing of warnings or citations.
   FOWL.  Any bird which has been domesticated and is commonly raised for food or egg production, including, but not limited to, chickens, ducks, geese, turkey, peafowl, pheasant, partridge, quail and grouse.
   HOBBYIST. Any person so registered with the City Clerk as having met the requirements for the hobbyist exemption in § 92.33.
   INTACT PERMIT.  A permit that allows the owner of a dog or cat to keep the pet intact, unaltered.
   LEASH.  Any type of material no longer than eight feet in length to keep the animal from being at large when being walked in public.
   MAMMAL.  Any of the class Mammalia or any subclass of all animals that nourish their young with milk secreted by mammary glands and have their skin more or less covered with hair.
   NUISANCE.  For purposes of this chapter, any animal shall be deemed a public nuisance which:
      (1)   Is repeatedly at large: three or more times;
      (2)   Damages public or private property;
      (3)   Wild by nature;
      (4)   Is potentially dangerous;
      (5)   Is dangerous;
      (6)   Barks, whines, howls or emits other noise excessively or continuously to the detriment of the public peace and order;
      (7)   Engages in any behavior that requires a defensive action by any person to prevent bodily injury;
      (8)   When unprovoked, chases or approaches a person, including a person on a bicycle, in an apparent attitude of attack; and
      (9)   Is maintained in an enclosure that does not sufficiently protect the public from the threat caused by the dog, considering the safety of the enclosure and the degree of aggressive and threatening behavior evidenced by the dog.
   NUISANCE LIVESTOCK,  FOWL, POULTRY, DOVES, RABBITS AND REPTILES INCLUDING EXOTIC AND WILD BY NATURE ANIMALS.  For purposes of this chapter, any animal shall be deemed a public nuisance which:
      (1)   Is repeatedly at large: three or more times;
      (2)   Damages public or private property;
      (3)   Wild by nature;
      (4)   Is potentially dangerous;
      (5)   Is dangerous;
      (6)   Barks, whines, howls or emits other noise excessively or continuously to the detriment of the public peace and order;
      (7)   Engages in any behavior that requires a defensive action by any person to prevent bodily injury;
      (8)   When unprovoked, chases or approaches a person, including a person on a bicycle, in an apparent attitude of attack;
      (9)   Is maintained in an enclosure that does not sufficiently protect the public from the threat caused by the animal, considering the safety of the enclosure and the degree of aggressive and threatening behavior evidenced by the animal;
      (10)   Is not housed on land sufficient for the animal; and
      (11)   Is too close to surrounding residence, property lines or housing.
   OUTDOOR SHELTER.  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. A shelter for any animal shall consist of a moisture-proof and wind-proof structure of suitable size to accommodate the animal and to allow retention of body heat. If the animal is to be crated, either inside or outside the crate has to be adequately sized for the animal. The animal shall have enough room to completely turn around and the top of the cage cannot touch the animal’s ears. Fresh potable water must be provided at all times. An animal kept outside must have constant access to adequate shelter consisting of three sides and a roof that protects from the elements.
   OWNER.  Any person, firm or corporation owning, harboring or keeping an animal. The occupant of any premises on which a domesticated or tamed animal remains, or to which it customarily returns for a period of ten days or more, shall be deemed to be harboring or keeping the animal.
   POTENTIALLY DANGEROUS DOG.  When unprovoked, inflicts bites or tries to inflict on a human either on public or private property, or when unprovoked kills or severely injures a domestic animal either on public or private property. If unprovoked chases or approaches a person, including a person on a bicycle, in an apparent attitude of attack.
   POULTRY.  Any bird of the species Gallus gallus or Meleagris gallipavo (domestic turkey), generally, and any type of chicken.
   PROPERTY LINE.  For the purpose of this chapter, PROPERTY LINE shall be the start of any property owned or harbored by any person, business or other type of establishment or land.
   RABIES SUSPECTED ANIMAL.  Any dog or cat which has bitten a human being, or which has been bitten by any animal suspected of having rabies or any infection associated therewith.
   RESCUER.  An individual or organization that regularly harbors dogs or cats which have no readily identifiable owner. An individual rescuer shall be named as such on a roster of recognized rescuers furnished by a local animal welfare organization to the City Clerk. A rescuer must have a 501 C. stating they are a non-profit rescue organization.
   SEVERE INJURIES.  Any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery. (4 O.S. Title 4, Ch. 3, § 44 #3)
   SHELTER.  Where any animal is housed, kept for any length of time. Properly constructed of three sides and a top-roof.
   UNPROVOKED.  The animal was not teased, tormented or abused, nor protecting its owner or owner’s property from potential criminal activity.
   VACCINATED.  That a dog or cat has been injected with the rabies vaccine.
(Ord. 2009-10, passed 5-18-09; Am. Ord. 2009-33, passed 12-21-09)