PART 4
ANIMALS
ANIMALS
CHAPTER 1
ANIMAL REGULATIONS
ANIMAL REGULATIONS
SECTION:
4-101: Definitions
4-102: Obedience To Officers
4-103: Keeping, Care And Control
4-104: Confinement
4-105: Tethering Requirements
4-106: Kennels
4-107: Animal Traps
4-108: Rabies And Animal Bites
4-109: Adoption Process And Fees
4-110: Impoundment And Disposition
4-111: Dog Parks
4-112: Sell Or Give Away
4-113: Licensing Required
4-114: Enforcement
4-115: Penalty
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 CONTROL OFFICER: The person, firm or agency appointed or designated by the Chief of Police for the purpose of enforcing the provisions of this chapter and shall include, without limitation, police officers, and Code Enforcement Officers.
ANIMAL RESCUE GROUP: Any organization qualified as a nonprofit organization under title 26, United States Code, section 501(c)(3), along with their affiliated foster homes, operating for the sole purpose of rescuing stray dogs and cats.
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 chapter or State law for care, confinement, return to the owner, adoption or euthanasia.
ANIMALS, ABANDONED: The voluntary relinquishment of an animal with no intention to retain possession including, but not limited to, vacating a premises and leaving the animal in or at the premises, failing to feed and/or water an animal, allowing an animal to stray or wander onto public or private property with the intention of surrendering ownership or custody over said animal.
ANIMALS, AGRICULTURE: Any type of animal that is normally housed on farm, ranch or agricultural area, including, but not limited to, bovine, cattle, horses, mules, donkeys and other equines, hogs, goats, rabbits, sheep, chicken, ducks, geese, turkey, guinea, other types of fowl and poultry.
ANIMALS, DOMESTIC: All vertebrate and invertebrate animals that have been tamed and domesticated, and are normally housed within a human residence as a pet, and not for the purpose of production or human consumption, including, but not limited to dogs, cats, potbellied pigs, ferrets, rabbits, non-poisonous or non-venomous reptiles, fish or birds.
ANIMALS, LARGE: An animal weighing in excess of fifty (50) pounds.
ANIMALS, MEDIUM: An animal weighing between twenty five (25) pounds and fifty (50) pounds.
ANIMALS, OLDER OR ILL HEALTH: Animals unable to be spayed or neutered without a high likelihood of suffering serious bodily harm or death due to age or infirmity. Written confirmation from a licensed veterinarian is required to meet this definition.
ANIMALS, SERVICE: Dogs trained by a professional trainer, to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair or fetching dropped items.
ANIMALS, SMALL: An animal weighing less than twenty five (25) pounds.
ANIMALS, THERAPY: Animals trained by a professional trainer, to provide affection and comfort to various members of the public, typically in facility settings such as hospitals, retirement homes and schools. Therapy animals have no special rights of access, except in those facilities where they are welcomed.
AT LARGE OR RUNNING AT LARGE: The condition of any dog or cat or other animal when it is off the property of the owner or persons responsible for the animal's care and maintenance and not under the control of a competent person which is a minimum of twelve (12) years of age.
CAT: Shall mean and include any cat, and every other animal of feline species which is situated within the City limits.
CHICKEN: A laying hen that is commonly raised for egg production.
CHICKEN COOP: A small structure or enclosure where chickens nest, roost or perch and may include feeding and water devices.
CHICKEN RUN: An enclosed area physically connected to a chicken coop where chickens can walk or run about which may include feeding and watering devices.
CONFINED ON THE PREMISES: That condition in which a dog or cat or other animal is securely and physically confined and retained on and within the premises of the owner, keeper or harborer by means of chains, walls or fences, floors or roofs as may be needed.
CRUELTY: To endanger the life, health, or safety of an animal.
DANGEROUS DOG: Any dog that has inflicted injury on a human being without provocation on public or private property, or any dog that has previously been found to be potentially dangerous, the owner having been given notice of such by the animal control authority and the dog thereafter bites, attacks, or endangers the safety of humans or kills or inflicts injury upon a domestic animal.
DOG PARK: A securely fenced City owned public area designated by the City of Grove for domestic dogs to run and play without a leash.
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.
FERAL CAT: Any cat which has escaped domestication and become wild.
HARBORING: Any person who allows any animal to habitually remain or lodge or to be fed within its home, store, yard, enclosure, or place of business or any other premises in which such person resides or controls, shall be considered as harboring such animal. An animal shall be deemed to be harbored if it is fed or sheltered for ten (10) consecutive days or more.
IMPOUNDMENT: Placing an animal in the animal control vehicle or unit or holding an animal in custody at the animal control shelter.
KEEPER: Any person, acting in the capacity of the owner, at the owner's request, who is responsible for the care, welfare and maintenance of the animal.
KENNELS (INDOOR PENS): An establishment with indoor pens in which more than four (4) dogs or domesticated animals more than eight (8) weeks old or older are housed, groomed, bred, boarded, trained and/or sold for commercial purposes.
KENNELS (OUTDOOR PENS): An establishment with outdoor pens in which more than four (4) dogs or domesticated animals more than eight (8) weeks old or older are housed, groomed, bred, boarded, trained and/or sold for commercial purposes.
MINIATURE HORSE AND DONKEYS: Horse or donkey whose confirmation is such that the animal is or would be capable of being recognized as a miniature under the standards of a national miniature horse or miniature donkey raiser's association.
NEUTERED MALE: 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.
NUISANCE: An animal is a nuisance when by loud, frequent or habitual barking, howling, yelping or other noise or action it disturbs any person or neighborhood within the City limits. Any animal which scratches or digs into any flowerbed, garden, tilled soil, shrubbery, and in so doing injures the same, or which habitually urinates or defecates in or on yards, gardens, trees or shrubs, or prowls around or over any premises not the property of the owner, to the annoyance of the owner or occupant of such premises, or which overturns any garbage can or vessel for waste products, or scatters the contents of same, or an animal which chases or kills any fowl or animal owned by another is also declared a nuisance. A female dog or cat in season at large is declared to be a nuisance.
Any animal is a nuisance that chases, frightens or otherwise intimidates passersby or passing vehicles when said animal is not on its owners' property; or attacks other animals; or trespasses; or is repeatedly at large; or inflicts damage on the property of others, either public or private.
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, except a kennel or cattery proprietor as herein defined or a veterinary establishment.
PET: Any animal kept for pleasure rather than utility.
PET SHOP: A retail establishment offering small animals, fish and/or birds for sale as pets, where such creatures are housed within the building, and which may include the grooming of dogs, cats and similar animals.
POTBELLIED PIG: A miniature pig having a maximum weight of seventy five (75) pounds and twenty inches (20") in height, which is kept as a pet for personal enjoyment, and not raised for human consumption. Such animal shall be registered through a bona fide registry firm such as American Miniature Pig Association (AMPA).
RESTRAINT: An animal is under restraint within the meaning of this chapter if: a) it is controlled by a leash not more than six feet (6') in length or b) at "heel" beside a competent person and obedient to that person's command or c) confined on the premises of its owner, keeper or harborer or d) confined in a secure carrier or by a secure fencing or enclosure or e) confined in a vehicle.
SANITARY: Any condition of good odor and cleanliness, which precludes the probability of disease transmission and insect breeding, and which preserves the health of the City.
SEVERE INJURY: Any physical injury resulting in broken bones or lacerations requiring surgery or sutures.
SPAYED FEMALE: Any female dog or cat which has had its ovaries surgically removed by veterinarian.
STRAY: Any animal which does not appear, upon reasonable inquiry, to have an owner.
TETHER: Restraining an animal with a chain, rope, cord, leash or similar item to limit the perimeter access of an area; but shall not include the use of a leash when walking an animal.
TETHER, CABLE RUN: To restrain an animal by means of a tether attached to a pulley on a cable run.
TETHER, DIRECT POINT: To restrain an animal by tying to any stationary object or structure, including, but not limited to, a house, tree, fence, post, garage or shed, by any means.
VACCINATION: An injection of U.S. Department of Agriculture approved rabies vaccine administered by a veterinarian, other licensed individual, or individual approved by the Oklahoma Veterinarian Board.
VENOMOUS ANIMAL: Any species of animal which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means.
VETERINARIAN: A person who holds an active license to practice veterinary medicine in the State of Oklahoma.
VICIOUS ANIMAL: An animal which:
A. Has a propensity, tendency, history or disposition to attack, to cause injury to, or to otherwise endanger the safety of humans or other domestic animals, and the lack of knowledge of such a propensity, tendency, history or disposition is not a defense in violation thereof; or
B. Approaches humans or other domestic animals in a vicious or terrorizing manner; or
C. Has attacked a human being or domestic animal one or more times without provocation; or
D. 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
E. Commits an attack on a person or animal without provocation; or
F. Threatens to attack, or terrorizes a person who is performing in a legal means within his rights as a person.
G. Any animal owned or harbored for the purpose of fighting, such as a dog trained for dogfighting which is an illegal act.
H. This definition shall not apply to police dogs on official duty. The term "police dog" shall mean any dog used by a law enforcement agency of this State or political subdivision of this State which is specially trained for law enforcement work and is subject to the control of the dog handler. The term "dog handler" shall mean any police officer or peace officer who has successfully completed training in the handling of police dogs as established by policy or standard of the law enforcement agency employing such officer.
WILD ANIMAL: Any live monkey (nonhuman primate), raccoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, lynx, insect or other exotic animal not generally recognized to be domesticated or which, because of size, vicious nature or any other characteristic, presents a danger to human beings.
All other words or phrases used herein shall be defined and interpreted according to their common usage. (Ord. 643, 5-15-2012; amd. Ord. 649, 7-17-2012; Ord. 658, 10-16-2012; Ord. 712, 10-20-2015; Ord. 743, 12-19-2017)
A. The keeping of, or permitting the keeping of any animal within the corporate limits of the City in such a manner that it constitutes a nuisance, and any person maintaining such a nuisance shall be guilty of a misdemeanor.
B. The keeping or permitting the keeping of any agricultural animals within the corporate limits of the City in any area that is not zoned Agriculture (A-1) is hereby prohibited and declared to constitute a nuisance and any person maintaining such a nuisance shall be guilty of a misdemeanor.
Exceptions: Agriculture animals may be kept in an area that is not zoned Agriculture (A-1) only under the following conditions.
1. Future Farmers of America (FFA) and 4-H members, and other agricultural students may house agricultural animals in pens located on Grove Public School property.
a. The enclosure where the animals are kept shall not be, at its nearest point, closer than fifty feet (50') to any building used or occupied for human habitation, and the barn shall not be closer than seventy-five feet (75') at its nearest point to any building used or occupied for human habitation.
2. A circus, carnival or petting zoo that has been approved and permitted by the City of Grove may temporarily keep agriculture animals in a designated area during the event.
3. Backyard Chickens:
a. Definitions: The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
CHICKEN: | A laying hen commonly raised for the production of eggs. |
CHICKEN COOP: | A small structure or enclosure where chickens nest, roost or perch and may include feeding and water devices. |
CHICKEN RUN: | A separate outside enclosure physically connected to a chicken coop where chickens can walk or run about which may include feeding and watering devices. |
b. Notwithstanding other provisions of this chapter to the contrary, the keeping of no more than six (6) chickens, (roosters are prohibited) in the rear yard of property zoned for residential use is allowed.
c. Prior to construction of a coop or run and prior to placement of chickens, the owner/resident shall submit an application and obtain a Building Permit.
d. The facilities for the keeping of such chickens shall comply with the following requirements.
(1) Housing:
(A) Chickens must be kept in a chicken coop with an attached chicken run. The coop shall be constructed in a manner that can be secured to protect the chickens from predators and withstand adverse weather conditions.
(B) It shall provide four (4) square feet of floor space per chicken, be well ventilated, and include roost capacity and nesting boxes consistent with the number of chickens kept. The height of the coop shall be less than the height of the screening and shall not be visible to adjoining or neighboring properties.
e. Run:
(1) The run shall be of sufficient size and dimension to provide ten (10) square feet area per chicken. The height of the run shall be less than the height of the screening and shall not be visible to adjoining or neighboring properties.
(2) The enclosure shall be constructed of metal wire or a similar material adequate to permit the unimpeded flow of air and sunshine through the enclosure area and of a sufficient height and density to prevent the escape of the chickens during occupancy. The use of electric wire for this purpose is prohibited.
f. Setback: The coop and run shall not be located closer than seventy-five feet (75') at its nearest point to any building used or occupied for human habitation, nor shall it be located closer than ten feet (10') from any side or rear yard property line.
g. Screening: The owner/resident shall be responsible for screening of the coop and run from adjoining or neighboring properties. An opaque wooden or masonry fence along the side and rear property lines shall be deemed sufficient under this section. The fence shall not exceed eight feet (8') in height. The owner/resident shall be responsible for maintenance of the screening.
h. Flock Maintenance: Chickens shall be confined to the coop between dusk and dawn and shall be confined to the coop and run areas at all other times. Adequate food and water shall be available at all times the hens are present.
i. Sanitation: The coop and run shall be cleaned daily to prevent the accumulation of unconsumed food, fecal matter, bedding or nesting material. Property owner shall bag any waste that is not composted and dispose of waste by placing the bag in a garbage container, or the waste may be composted by using methods approved by the Oklahoma State University (OSU) Extension Office.
j. This section is not intended to be construed in derogation of or in conflict with any restrictive covenant or lease agreement that may be applicable.
C. The following animals may be kept in an area zoned Agriculture (A-1):
1. Cattle and horses must be kept in a pen, lot or enclosure that is maintained in a sanitary condition not offensive or dangerous to the public health. The enclosure where the animal is kept shall not be, at its nearest point, closer than fifty feet (50') to any building used or occupied for human habitation, and the barn shall not be closer than seventy five feet (75') at its nearest point to any building used or occupied for human habitation.
The number allowed per acre are as follows:
Cattle/cow-calf pair | 1 per acre |
Horse/donkey/mule | 1 per acre |
It shall be the responsibility of the property owner to provide documents indicating the amount of acreage that is available for pasturing should complaints or questions be received by the City regarding the ratio of animals per acreage.
2. Chickens must be kept in an attached chicken coop and chicken run with screenings on all outside openings, and enclosure shall be of adequate size:
a. Chicken coop shall be a minimum two (2) square feet, maximum four (4) square feet per chicken.
b. Chicken run shall be a minimum eight (8) square feet, maximum ten (10) square feet per chicken.
The enclosure shall not be closer than seventy five feet (75') at its nearest point to any building used or occupied for human habitation.
The enclosure shall be routinely cleaned to remove manure, nesting materials, accumulated food, and other items that create conditions that are offensive, unsanitary or dangerous to the public health. Property owner shall dispose of or create compost with the waste by using methods approved by the Oklahoma State University (OSU) Extension Office.
A maximum of six (6) adult chickens, and fourteen (14) chicks under the age of eight (8) weeks are allowed; roosters are prohibited.
3. The following animals shall be prohibited from being located within the City limits:
a. Pigs or hogs.
b. Turkey, geese, duck or guinea.
c. Sheep or goat.
d. Rabbits.
Exceptions: Domesticated rabbits and potbellied pigs.
4. The following shall be prohibited within the City limits:
a. Commercial feeding or feeding of garbage to any animals.
b. Stockyards or feed lots for any type.
c. Operations of puppy mills or similar operation.
d. Outdoor slaughtering of any animal is prohibited.
5. At no time shall any animals be kept in a manner that creates a public nuisance.
D. Any person who shall be the owner or keeper of any animal, and shall permit the same to run at large or trespass upon the premises of another within the corporate limits, shall be deemed guilty of a misdemeanor.
E. It is unlawful to harbor in any one household more than two (2) domestic potbellied pigs.
F. It is unlawful to harbor in any one household more than two (2) domestic rabbits.
G. It is unlawful to harbor in any one household more than a combined total of four (4) domestic animals over the age of eight (8) weeks.
H. No owner shall fail to provide his animals with sufficient good and wholesome food and water, proper shelter, and protection from the weather, veterinary care when needed to prevent suffering and with humane care and treatment.
I. No person shall beat, cruelly, ill treat, overlead, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight or other combat between animals or between animals and humans.
J. No owner of an animal shall abandon such animal.
K. No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by an animal, provided that it shall not be unlawful for a person to expose on his own property common rat poison mixed only with vegetable substances.
L. Owner, keeper, or harborer of a domesticated dog, cat or ferret in the city, shall cause the animal to be vaccinated against rabies by a licensed veterinarian prior to four (4) months of age. The vaccination must be kept current during the licensing period of July 1 through June 30 of the licensing year. The owner, keeper, or harborer shall secure, from the veterinarian, a certificate of vaccination against rabies and a metal tag indicating the vaccination. The metal tag shall be securely and visibly attached to the collar of the dog or cat; tags for ferrets should be kept in a secure, readily available location associated with the ferret.
On the demand of an authorized official, the owner, keeper, or harborer of any dog, cat or ferret must present a certificate of vaccination showing the type of vaccine administered, the date of the vaccination, and the name of the veterinarian providing the vaccination.
Owner, keeper or harborer of a potbellied pig or domestic rabbit, shall cause the animal to be examined by a licensed veterinarian for infectious diseases prior to four (4) months of age, and annually thereafter. The certificate must be kept current during the licensing period of July 1 through June 30 of the licensing year. The owner, keeper or harborer shall secure an annual certificate of examination from a licensed veterinarian certifying the animal is free from infectious diseases.
On the demand of an authorized official, the owner, keeper, or harborer of any potbellied pig or domestic rabbit must present a certificate of examination showing the animal is free from infectious diseases, the date of the examination, and the name of the veterinarian providing the examination.
M. It shall be unlawful for any person to keep or permit to be kept on his premises any poisonous reptile, wild, dangerous, venomous or vicious animal, insect or other exotic animal not generally recognized to be domesticated. This section shall not be construed to apply to zoological parks, performing animal exhibitions or circuses.
N. The city shall have the power to release or order the release of any infant wild animal kept under temporary permit which is deemed capable of survival.
O. The keeping of bees whether for commercial or hobby is prohibited; except domestic honeybees which may be kept under the circumstances hereinafter provided:
1. No more than two (2) hives shall be maintained for each one- fourth (1/4) acre;
2. No hives shall be maintained within twenty feet (20') of any property line of the property on which the hive is located;
3. Between each hive and the neighboring property in the direction of the hive entrance, the hive owner shall maintain the hedge or a screening fence that is at least six feet (6') in height, to be located within twenty feet (20') of such property line and to extend the entire length of such lot line;
4. A supply of clean water must be furnished within twenty feet (20') of each hive at all times between March 1 and October 31 each year;
5. Hive owners shall inspect each hive not less than four (4) times between March 1 and October 31 of each year. A written record, including the date of each such inspection, shall be maintained by the owner and shall be made available to the Grove animal control officers; and
6. The hive owner shall provide written notification to the animal control officer as to the existence of the hive, as well as certify as to notification of adjoining property owners of the existence of the hive. Hive owners shall place written notification on the property in a conspicuous place so as to inform the public of the existence of the beehives.
P. The owner of every animal shall be responsible for the removal of any excreta deposited by his animal(s) on public walks, recreation areas, or private property.
Q. The animal control officer will make every effort to contact the owner of an injured animal (wearing a collar, license or identification tag, or that appears to be a well cared for pet). If the animal control officer cannot contact the owner in a reasonable time, the animal control officer will determine based on the severity of the injuries whether to seek treatment from a veterinarian, at the expense of the owner, or if the injuries are massive or unrecoverable, as determined by the animal control officer, the animal may be euthanized.
Animals not seriously injured or immobile (minor cuts or scrapes) may be taken directly to the shelter for the normal holding period. Animals without identification and in poor, uncared for condition may be euthanized after the normal holding period; or immediately, if seriously injured or suffering as determined by the animal control officer.
R. Every person owning or having any animal under his charge within the City which he knows or suspects to be sick or injured, shall isolate the animal from other animals and shall obtain treatment for such animal by a licensed veterinarian as soon as possible.
S. Only animals trained by a professional trainer as a Service Animal as defined herein, shall be allowed in city owned buildings, all other animals shall be prohibited. This prohibition is intended to prevent individuals from bringing personal pets onto city property, and is not intended to apply to special events such as dog shows or where vendors have retained booth or show space at a community event. Animals that are part of a special event must be under the owner or event holder's control at all times. (Ord. 643, 5-15-2012; amd. Ord. 666, 7-2-2013; Ord. 686, 8-5-2014, eff. retroactive to 7-1-2014; Ord. 712, 10-20-2015; Ord. 743, 12-19-2017; Ord. 788, 3-17-2020; Ord. 817, 8-2-2022)
A. Any animal confined within a fenced yard must have adequate space for exercise. A minimum of one hundred fifty (150) square feet is required. Large animals as defined in this chapter must have an additional fifty (50) square feet. Seventy five (75) square feet is required for each additional animal kept within the fenced yard.
B. Any animal confined on property without a fenced yard, must have an enclosure that meets the same size requirements as a fenced yard. Such enclosure shall be constructed of chainlink or similar type material with all four (4) sides enclosed. The enclosure shall be of sufficient height to prevent the animal from escaping such enclosure. The top of such enclosure shall be covered with materials to provide the animal with shade and protection from the elements. (Ord. 649, 7-17-2012)
C. No person shall leave or confine an animal in an unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability or death to the animal.
The animal control officer may remove an animal from a motor vehicle if the animal's safety appears to be in immediate danger from heat, cold, lack of ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability or death to the animal.
The animal control officer is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, only if the animal is in immediate danger and only after making a reasonable effort to locate the owner or other person responsible.
The animal control officer who removes an animal from a motor vehicle shall take it to the Grove Animal Shelter, or if the officer deems necessary, to a veterinary hospital for treatment.
The animal control officer who removes an animal from a motor vehicle shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing his/her name, title, and the address of the location where the animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment or impoundment of the animal.
Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, pigs, sheep, poultry or other agricultural animals in motor vehicles designed to transport such animals for agricultural purposes. (Ord. 723, 5-3-2016)
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