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The following words, terms and phrases, when used in this part, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ABANDON: The voluntary relinquishment of an animal with no intention to retain possession and shall include, but shall not be limited to, vacating a premises and leaving the animal in or at the premises, or failing to feed the animal or allowing it to stray or wander onto private or public property with the intention of surrendering ownership or custody over said animal.
ANIMAL: Any living vertebrate creature, wild or domestic, except humans.
ANIMAL CONTROL OFFICER: The person, firm or agency appointed or designated by the city manager for the purpose of enforcing the provisions of this part and shall include, without limitation, police officers, code enforcement officers, and other employees of the city.
ANIMAL SHELTER: Any facility operated by a humane society, the city or its authorized agent, for the purpose of impounding animals under the authority of this part or state law for care, confinement, return to the owner, adoption or euthanasia.
AT LARGE OR RUNNING AT LARGE: Refers to the condition of any animal that is neither enclosed within a building, fence or other enclosure of sufficient strength and construction to restrain and keep the animal within the building, fence or other enclosure, nor securely restrained and under the physical control of a competent person by a leash or harness with handhold.
CONFINED/CONFINEMENT: Being locked up, constrained or isolated.
CURRENTLY VACCINATED: Properly immunized by or under the supervision of a licensed veterinarian with a vaccine licensed and approved by the United States department of agriculture for use in that animal species. Vaccine must have been given at appropriate time interval(s) for the age of the animal and type of vaccine administered.
DISPOSED OF: Refers to euthanizing, adopting out, or transferring to another.
EUTHANIZE: The humane killing of an animal generally performed by a licensed veterinarian, or personnel at an animal control facility under the indirect supervision of a veterinarian.
EXPOSED TO RABIES: A bite or physical contact with the saliva or other potentially infectious tissues from an animal confirmed or suspected of being infected with rabies.
FIRST PARTY OWNERSHIP: A situation where the owner of a biting animal is directly related to the bite victim, that is parent- child, sibling-sibling, grandparent-child and the legal residence of the animal owner and the bite victim are the same.
HEALTH OFFICER: The director of the county health department or his authorized agent and shall also include any city code enforcement officer or animal control officer.
IMPOUNDMENT: Placing an animal in the animal control vehicle or unit; taking an animal into custody by physical control, trapping or other means; or holding an animal in custody at the animal shelter or its authorized agent.
KENNEL 1 : Includes a cattery and means any premises wherein a person, firm or corporation engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.
The definition of a kennel shall exclude persons or household members who own one dog and/or one cat for breeding purposes for personal ownership and/or sale of puppies and/or kittens.
LARGE ANIMALS: Horses, mules, donkeys, cattle, goats, sheep or other animals of similar size or stature.
NEUTERED MALE: Refers to any male dog or cat which has been operated upon by a veterinarian to render the animal sterile and unable to impregnate a female animal.
OWNER: Any person, firm, or corporation owning, keeping, possessing, harboring or having the care or custody of an animal, and shall include all persons having joint or collective care or custody of the 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 (10) days or more, shall be deemed to be harboring or keeping the animal.
PERSON: Includes any natural person, association, firm, partnership or organization or corporation.
PET SHOP: Every place or premises where birds, mammals, fish or reptiles are kept for the purpose of sale, at either wholesale or retail, import, export, barter, or exchange as pets.
PROPER ENCLOSURE OF A VICIOUS ANIMAL: While on the owner's property, a vicious animal shall be securely confined indoors or in a securely enclosed and locked pen or structure with at least one hundred fifty (150) square feet of space for each dog kept therein which is over six (6) months of age, and which is suitable to prevent the entry of children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the animal(s).
PROVOKE OR PROVOCATION: With respect to an attack by an animal, that the animal was hit, kicked, or struck by a person with an object or part of the person's body or that any part of the animal's body is pulled, pinched, or squeezed by a person.
PUBLIC NUISANCE: Any animal or animals which:
A. Chase, frighten or otherwise intimidate passersby or passing vehicles;
B. Attack other animals;
D. Are repeatedly at large;
E. Damage private or public property; or
F. Bark, whine, scratch, howl or make excessive noise in continuous or untimely fashion.
RESTRAINT: An animal is controlled by leash or tether, either of which shall not exceed six feet (6') in length except for retractable leashes which can be controlled to prevent the animal from extending the leash to another person, by a competent person or within a vehicle, trailer or other conveyance being driven, pulled or parked on the street, or confined within the property limits of its owner or keeper.
SHELTER: A structure designed to keep the animal dry and protected from the elements. Such shelter shall be fully enclosed on three (3) sides, roofed, and have a solid floor. The entrance to the shelter shall be sufficiently flexible to allow the animal's entry and exit, and sturdy enough to block the entry of wind or rain. The shelter shall be small enough to retain the animal's body heat and large enough to allow the animal to stand and turn comfortably. The shelter shall be structurally sound and in good repair.
SMALL ANIMAL: Dogs, cats, rabbits, and ferrets but not birds or fowl.
SPAYED FEMALE: Any female dog or cat which has had its ovaries surgically removed by a veterinarian.
STERILIZE (And Any Of Its Derivatives): The surgical alteration of an animal through spaying or neutering so that it is incapable of reproduction.
VACCINATION: An injection of U.S. department of agriculture approved rabies vaccine administered by a veterinarian.
VETERINARIAN: A person who holds an active license to practice veterinary medicine in the state of Oklahoma.
VICIOUS ANIMAL: An animal which:
A. Has bitten, or attempted to bite, any person or animal without undue provocation, or which attacks or barks or growls at and acts as if it intends to attack or bite, or bites a person, persons, or animal, when not unduly provoked; or
B. Has behaved in such a manner that the owner thereof knows or should reasonably know that the animal has tendencies to attack or bite human beings or other animals; or
C. Is certified by a doctor of veterinary medicine, after observation thereof, as posing a danger to human life, animal life, or property upon the basis of a reasonable medical probability; or
D. Commits an attack on a person or animal without provocation; or
E. Is ordered by the owner or any other person(s) to attack and does so causing fear or injury.
All other words and phrases used herein shall be interpreted according to their usual and customary usage in the language. (Ord. 1510, 8-8-2000; amd. Ord. 1563, 3-25-2003; Ord. 1695, 2-8-2011)
1. See also section 12-204 of this code.