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4-104: CONFINEMENT:
   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)
4-105: TETHERING REQUIREMENTS:
The continued maintenance of an animal on a chain, rope or other kind of tether is abnormally restrictive and stressful and often results in health and temperament problems. In most cases, such long term confinement will cause the animal to suffer unnecessarily. Therefore, animals under six (6) months of age shall not be tethered, and animals over six (6) months of age shall only be confined by tethering under the following conditions:
   A.   Direct point chaining or tethering of animals is prohibited.
   B.   Cable run tethering is allowed by the following methods and restrictions:
      1.   Only one (1) animal shall be tethered to each cable run;
      2.   Only two (2) cable runs allowed per household;
      3.   The tether must be attached to a properly fitted buckle type collar or a body harness made of nylon or leather, not less than one inch (1") in width;
      4.   Choke, prong or pinch collars shall not be used to tether an animal to a cable run;
      5.   A swivel must be on each end of the tether to prevent twisting and tangling;
      6.   The tether shall be at least five (5) times the length of the animal's body, as measured from the tip of the nose to the base of the tail; at no time shall the tether be less than ten feet (10') in length;
      7.   The tether shall not weigh more than one-eighth (1/8) of the animal's weight;
      8.   The tether shall allow the animal complete freedom to lie down or enter shelter without strain to the neck or body;
      9.   The tether system shall not allow the animal to leave the owner or owner's landlord's property;
      10.   Tethered animals shall have access to potable water, food, shelter and dry ground at all times;
      11.   Overhead run/pulley lines shall be a minimum of fifteen feet (15') in length and at least four feet (4') and not more than seven feet (7') above ground level at all times;
      12.   Animals shall not be tethered while sick, injured or in distress;
      13.   Animals shall not be tethered when outside temperature is equal to or greater than eighty five degrees Fahrenheit (85°F) or equal to or less than thirty two degrees Fahrenheit (32°F);
      14.   No animal shall be tethered to a running cable line for more than ten (10) hours in a twenty four (24) hour period;
      15.   No animal shall be tethered between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M.;
      16.   No animal shall be tethered within five hundred feet (500') of a church, school or daycare. (Ord. 649, 7-17-2012)
4-106: KENNELS:
   A.   No person shall own, maintain or operate a kennel within the city unless such kennel is licensed as herein provided. Application for such license shall be made to the city and shall state the name and address of the owner or operator of the kennel with the street address and legal description of the property upon which the kennel is located. An annual license fee of fifty dollars ($50.00) shall be assessed. License shall expire June 30 of each year.
   B.   Any person maintaining a kennel, whether for profit or not, shall maintain such kennel in a sanitary condition and shall be subject to the provisions of this chapter. Nonconforming kennels shall be deemed a public nuisance.
   C.   Kennels are permitted in agriculture (A-1) and highway and recreational commercial (C-3) districts. No kennel shall be allowed in any residentially zoned areas.
   D.   All kennels within the city limits shall meet the following minimum standards:
      1.   The kennel floor shall be made of concrete at least four inches (4") thick, with a smooth surface which shall have one-fourth inch (1/4") of slope per foot of fall for drainage. The drainage shall slope to a cleanout gutter, and all drains shall be connected to the sanitary sewage line;
      2.   Each cage shall have sleeping quarters, a lounging area and access to an exercise area with a minimum of one hundred fifty (150) square feet. Sleeping quarters for the animals shall be protected from the weather, and each lounging area shall be individually enclosed by chainlink material of at least 10- 14-gauge, and shall have the following minimum dimensions for the number of animals to be accommodated. The cages for cats shall be completely enclosed;
 
Width
Length
Height
Accommodation For
4 feet
12 feet
6 feet
Lounging area for 1 large dog, or 2 medium dogs, or 3 small dogs or cats
4 feet
6 feet
3 feet
Sleeping area for 1 large dog, or 2 medium dogs, or 3 small dogs or cats
 
      3.   For the purpose of this section only, small size dogs shall be defined as any dog weighing less than twenty five (25) pounds; medium size dogs shall be defined as any dog weighing between twenty five (25) and fifty (50) pounds; large size dogs shall be defined as any dog weighing in excess of fifty (50) pounds; and
      4.   There shall be at least one cage which must be completely enclosed to house female dogs in heat.
The provisions of this section shall not apply to kennels operated and maintained by licensed veterinarians, to commercial pet stores where all animals are kept within the establishment, nor to animal shelters.
   E.   The city of Grove animal control officer shall be permitted to inspect, at reasonable times all animals and kennels. Refusal by the owner or operator of the kennel to permit such inspection shall be a cause for the revocation of the kennel license. If the kennel owner or operator feels that the revocation of the kennel permit is unjustified a written protest shall be presented to the city manager within forty eight (48) hours of the notice of license being revoked. The city manager may hold a hearing and will respond in writing to the licensee within ten (10) working days of receipt of protest.
During the pendency of the city manager's decision, no action shall be taken or initiated against the owner or operator of the kennel.
The decision of the city manager is final. If the license revocation is upheld by the city manager, no refund of the license fee shall be made to the license holder. (Ord. 643, 5-15-2012; amd. Ord. 649, 7-17-2012)
4-107: ANIMAL TRAPS:
The city of Grove animal control officer may loan a citizen residing in the city limits of Grove the use of an animal trap.
The animal control officer shall obtain the following information from the citizen prior to loaning of animal trap:
Name
Date of birth
Physical address (not a P.O. box)
Phone number
Copy of photo ID
All of the city of Grove's animal traps will be serviced by the animal control officer. The person who borrows the animal trap is responsible for the security of the trap. If the trap is damaged (not by the trapped animal) through neglect or stolen due to the failure of the borrower, the borrower may be held responsible for cost and shipping or replacing the trap.
All of the traps the city of Grove owns and uses are "live traps" and do not cause harm or injury to the animals.
Persons who set privately owned traps shall notify the animal control officer when an animal is caught. Trap owners may request the animal control officer pick up the trap and release the animal. It shall be the responsibility of the owner to retrieve their trap from the animal control officer within three (3) days after pick up and release of said animal.
No person shall set or expose an open jaw type trap, leg hold trap, snare trap, or any type trap which would likely cause physical harm or injury to any animal. This provision shall not apply to persons who are licensed by the state to trap animals as provided in 29 Oklahoma Statutes section 4-119.
Citizens encountering problems with wild animals other than those for which the Grove animal control department supplies traps such as: coyotes, protected bird species, bobcats, etc., the citizen will be advised to contact the Oklahoma wildlife division. (Ord. 643, 5-15-2012; amd. Ord. 649, 7-17-2012)
4-108: RABIES AND ANIMAL BITES:
   A.   It is the duty of every physician, veterinarian or other practitioner to report to the Grove animal control officer the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control.
   B.   It is the duty of every licensed veterinarian to report to the Grove animal control officer his diagnosis of any animal observed by him to be a rabid suspect.
   C.   Every animal, regardless of immunization status, that has bitten a person shall be reported within four (4) hours to the Grove police department or an animal control officer and, except as otherwise provided herein, shall thereupon be securely quarantined at a veterinarian hospital, within twenty four (24) hours from the time of the bite incident, for a period of ten (10) days from the date the person was bitten and shall not be released from such quarantine except by permission of the animal control officer of the city and the veterinarian in charge of the quarantined animal. Such quarantine will be at any veterinarian hospital chosen by the owner or in the owner's home if:
      1.   Animal meets criteria of currently vaccinated against rabies and meets the definition of "first party ownership" as defined in this code, and
      2.   Home quarantine site is approved by the animal control officer of the city.
      3.   Dogs, cats, or ferrets involved in a first party ownership may be allowed to be placed in a home quarantine for a ten (10) day period immediately following the bite.
      4.   Dogs, cats, and ferrets meeting the criteria of currently vaccinated against rabies, and not inflicting a severe injury, shall be placed in home quarantine until the end of a ten (10) day period from the bite. In some instances, a certification of animal health obtained after examination by a licensed veterinarian on the tenth day may be required by the Grove animal control authority.
      5.   Animals in service to the blind or hearing impaired, and search and rescue dogs or other animals used for the police enforcement duties shall be exempt from the quarantine when a bite exposure occurs and record of immunization against rabies is presented. A certificate of animal health obtained after examination by a licensed veterinarian at the end of ten (10) days may be required by the Grove animal control department.
      6.   Stray or unwanted dogs, cats, or ferrets that have bitten any person may be quarantined for ten (10) days at a veterinary facility or a recognized animal control facility; or immediately euthanized and the brain tissue submitted to the state department of health laboratory for rabies testing. Upon successful completion of the ten (10) day period, a stray animal may be placed for adoption at the discretion of the animal control authority.
      7.   In rare instances, other good and valid health reasons of the owner of animal may be considered for justification to home quarantine (e.g., a bitch with a litter of very young puppies, an animal with a contagious disease, etc.). Approval for home quarantine will be determined by the department or its designee.
Animal control officers will complete a bite report and submit it to the Grove police chief as soon as possible. If the bite was a severe injury the animal control officer of the city, shall make a determination of the disposition of the biting animal after consultation with the victim's physician, and based upon the risk of rabies in the particular animal.
   D.   In the case of a stray animal, or in the case of a dog or cat whose ownership is not known after diligent and reasonable efforts have been made by an animal control officer to determine ownership of such animal, such animal, dog or cat will be impounded immediately. In the case of unclaimed dog or cat that has bitten a person; such animals should be humanely euthanized and taken to a veterinarian for removal of the head for submittal to the state department of health for rabies examination. The final decision for animal destruction, quarantine, or other disposition of any animal other than a dog, cat or ferret that bites a person, or otherwise potentially exposes a person to rabies shall be determined by the animal control officer of the city.
   E.   In the case of an animal that has bitten a person and the ownership of such animal is known to an animal control officer but the owner refuses to have the animal quarantined as required by subsection C of this section, the animal control officer will direct the owner of such animal to have the animal quarantined as provided in subsection C of this section. If the owner refuses or does not have the animal quarantined within twenty four (24) hours from the time of the bite incident the animal control officer will issue a citation for failure to quarantine. Immediately thereafter, the animal control officer will file a petition in municipal court for a show cause order directing the owner of such animal to appear in municipal court and show why such animal should not be quarantined. The show cause hearing will be held at the next available municipal court proceedings and the court will determine the disposition of such animal.
   F.   Payment of fees incurred for daily boarding, euthanasia, preparation and transport of specimens for laboratory testing, or any other costs incurred to comply with this chapter, shall be the responsibility of the person or entity owning, keeping, or harboring the animal.
   G.   No person shall kill or cause to be killed any rabid animal, any animal suspected of having been exposed to rabies, or any animal biting a human, except as provided in this chapter, or remove the animal from the city limits without written permission from the animal control officer of the city.
The carcass of any dead animal exposed to rabies shall upon demand be surrendered to the animal control officer.
   H.   The animal control officer shall keep or cause to be kept:
      1.   An accurate and detailed record of the licensing, impounding and disposition of all live animals, fowl and domestic birds coming into his custody and all dead dogs or cats picked up that possess rabies tags, and
      2.   An accurate and detailed record of all bite cases which have been reported to the police department or animal shelter.
   I.   Hospitals, clinics, other premises operated by licensed veterinarians for the care and treatment of animals and animal shelters are exempt from the provisions of this chapter, except where duties are expressly stated.
   J.   The licensing requirements of this chapter shall not apply to any dog or cat belonging to a nonresident of the city and kept within the city for no longer than thirty (30) days; provided all such dogs or cats shall at all times, while in the city, be kept within a building, enclosure or vehicle, or be under restraint by the owner. (Ord. 643, 5-15-2012; amd. Ord. 649, 7-17-2012)
4-109: ADOPTION PROCESS AND FEES:
When adopting a pet through the city of Grove animal control department the following process will be followed:
   A.   Fill out paperwork related to animal adoption;
   B.   If the new animal owner resides in the city limits of Grove, they must supply within thirty (30) days proof of rabies vaccination by a licensed veterinarian. Failure to do so will result in a citation(s) being issued;
   C.   Pay twenty dollar ($20.00) adoption fee;
   D.   If the animal has not been spayed or neutered, the new owner will be given a twenty five dollar ($25.00) certificate to be used by a veterinarian located within the city limits of Grove. (Ord. 643, 5-15-2012; amd. Ord. 649, 7-17-2012)
4-110: IMPOUNDMENT AND DISPOSITION:
It is the duty of the animal control officer or other authorized persons to take into possession any animal that may be running loose upon the streets, curbing, alleys, public places or trespassing upon the lands of any person within the corporate limits of the city, and impound such animal; except that domestic dogs shall be allowed to run without a leash in dog park(s) designated by the city of Grove. (Ord. 643, 5-15-2012; amd. Ord. 649, 7-17-2012; Ord. 658, 10-16-2012)
   A.   Domestic Animals: Impounded animals shall be kept for not less than five (5) working days.
      1.   If by a license tag or other means, the owner of an impounded animal can be identified, the animal control officer shall immediately upon impoundment notify the owner.
      2.   An animal so impounded shall be released to the owner or person entitled to the possession thereof upon payment of a fifteen dollar ($15.00) fee plus five dollars ($5.00) per day for each day of impoundment.
      3.   Any animal not reclaimed by its owner within five (5) working days shall become the property of the local government authority, or humane society, and shall be placed for adoption to a suitable home or humanely euthanized. No animal shall be adopted without being vaccinated for rabies and spayed or neutered. The only exception to being spayed or neutered shall be if the animal is being used for breeding purposes, at which time the owner must sign an affidavit to such effect.
   B.   Agricultural Animals:
      1.   If the owner of any agricultural animal such as horse, cow, mule, hog, sheep, goat or other animal of similar kind does not procure the release of such animal within twenty four (24) hours after impoundment, the animal control officer shall cause a description to be posted at city hall or police office, and if the owner or person entitled to the possession of such animal is known, notice shall be given to him, notice shall give the color, sex, and description of the animal impounded and shall state that the animal will be sold, unless it is released from impoundment on a date not less than five (5) days from the date the notice is posted or given as herein provided.
      2.   If the owner or person entitled to the possession of any agricultural animal impounded under this section is unknown, or if known and he fails, refuses, or neglects to release such animal for impoundment after the service of notice as provided for in this section, after the expiration of the time fixed by the notices provided herein, the police shall cause a notice of sale of such animal to be published in the newspaper within the city for a period of not less than ten (10) days, giving the description of the animal to be sold and the date, time, and place of the sale. If such animal is not released from impoundment by the owner or person entitled to the possession thereof prior to such date, the police shall sell the animal to the highest bidder for cash, and the buyer shall thereafter have complete title to such animal.
      3.   From the proceeds of the sale of animals sold under this section, there shall be first paid the cost of feeding of the animals and the cost of publishing the notice of sale. The residue shall be paid into the office of the city treasurer and placed to credit of the general fund.
   C.   Vicious Animals:
      1.   It shall be the duty of the animal control officer or designated representative upon receipt of a verified complaint, to cause the animal involved to be impounded pending a vicious animal determination as required by this section. The owner shall immediately surrender possession of the animal when presented with a copy of the complaint. Each day that the owner fails or refuses to allow the animal control officer or his designated representative to impound an animal shall be a separate offense. Any and all expenses associated with the impoundment, including costs of shelter, food, handling, and veterinary care, shall be borne by the owner of such animal during impoundment.
      2.   Upon receipt of a verified complaint, the animal control officer or his designated representative shall promptly hold a hearing to determine if an animal shall be declared vicious or dangerous. The verified complaint may be filed by a citizen, a police officer, or an animal control officer, and shall clearly state the facts and circumstances surrounding determinations at the hearing:
         a.   That the animal is in fact not vicious. In that event, the animal control officer shall cause it to be surrendered to the owner;
         b.   That the animal is in fact vicious and should be destroyed;
         c.   That the animal is vicious, but that for good cause shown, the animal should not be destroyed. In that event, the animal control officer shall order the animal permanently removed from the city limits.
      3.   The owner may appeal the determination of the animal control officer to the municipal court by requesting a hearing within five (5) days of the determination. The municipal judge shall hold a hearing de novo within ten (10) days of the impoundment to determine if the animal is vicious as defined by this chapter and shall be empowered to make a determination based upon this section.
   D.   Dead Animal Disposal: Dead animals may be picked up from residences by the animal control officer upon payment of a twenty five dollar ($25.00) fee.
If the owner of a dead animal brings the animal to the shelter and they reside in the city limits of Grove, a fee of twenty dollars ($20.00) will be assessed. Owners shall sign an impoundment card releasing custody of the deceased animal to the city. Once the animal is released to the city, the animal becomes the property of the city and may be disposed of.
If a private cremation is requested a fee of twenty five dollars ($25.00) for small animals, fifty dollars ($50.00) for medium animals and a fee of seventy five dollars ($75.00) for large animals will be assessed.
Sick, injured, aggressive, or nonadoptable animals may be humanely destroyed by the animal control officer at the owner's request; provided the owner signs an impoundment card releasing custody of the animal to the city, upon payment of a twenty dollar ($20.00) destruction fee and upon proof of veterinarian treatment and/or recommendation. (Ord. 643, 5-15-2012; amd. Ord. 649, 7-17-2012)
4-111: DOG PARKS:
   A.   The city of Grove may designate city owned property as a dog park open to the public.
   B.   To ensure safety and a positive environment for pets and people, the following rules shall be observed by owners/keepers of dogs utilizing the public dog park. It shall be the responsibility of the owner/keeper of the dogs to familiarize themselves with the rules and comply at all times.
      1.   Park hours are daylight hours (sunrise to sunset);
      2.   Only dogs are allowed, no other animals may be brought into the park;
      3.   All dogs shall be leashed when entering and leaving the park;
      4.   Owners/keepers shall carry a leash with them at all times while in the park;
      5.   The small dog enclosure is for dogs under thirty (30) pounds;
      6.   No dogs under four (4) months of age shall be permitted within the park;
      7.   There is a limit of two (2) dogs per adult owner/keeper in the park at any time;
      8.   Dogs showing any signs of aggression must be leashed and immediately removed from the park;
      9.   Choke chains, prong, spiked or shock collars are not permitted;
      10.   Never leave dogs unattended; all dogs must be accompanied by an adult (18 years or older) and must be in view of and within voice control of their owner/keeper at all times;
      11.   All dogs must have current rabies and all other vaccinations as required by the city of Grove; all dogs must wear current vaccination tags in the park;
      12.   Contagious dogs are not allowed; dogs that have any type of illness, fleas, mange or parasites are prohibited from the park;
      13.   Owners/keepers are liable and responsible for the actions of their dogs at all times;
      14.   Owners/keepers are responsible for picking up and properly disposing of their dog's waste in waste stations provided; nothing but dog's waste shall be disposed of in the waste stations;
      15.   Littering is prohibited; trash shall be placed in designated containers;
      16.   Dogs in heat are prohibited;
      17.   Unneutered male dogs may try to mount other dogs, if this action continues, you must remove your dog from the park;
      18.   No food (dog or human) is allowed within the fenced area;
      19.   No alcohol is allowed in park;
      20.   No glass or metal containers are allowed in the park;
      21.   No bicycles, skateboards, rollerblades or any motorized vehicles are allowed in the park;
Exceptions: Wheelchairs, scooters or other motorized vehicles used to assist physically handicapped individuals.
      22.   Children under twelve (12) years of age are not allowed within the fenced area without adult supervision;
      23.   Running and chasing dogs is prohibited;
      24.   No smoking in the fenced area;
      25.   Use of the dog park is at your own risk; owner/keeper waives liability to the city of Grove for any injury or damage caused (by dogs or human) while accessing or using the park;
      26.   Park is subject to closure upon determination by the city that there is a reason deemed to be in the public's interest or safety. (Ord. 658, 10-16-2012; amd. Ord. 663, 5-7-2013, eff. 7-1-2013; Ord. 666, 7-2-2013)
4-112: SELL OR GIVE AWAY:
Persons shall obtain a permit from the city of Grove to give away domesticated animals on any commercial parking lot or at any flea market or festival. Persons requesting the permit must provide written authorization from the property owner to give away animals on said property. There is no charge for the permit.
It shall be unlawful for any persons to sell, barter, trade, lease any animal on any commercial parking lot or at any flea market or festival.
It shall be unlawful for any person or persons to display, give away or offer to give away, sell, barter, trade, lease any animal on any public right of way.
Exceptions: This section shall not apply to any nonprofit organization founded for the purpose of providing humane sanctuary or shelter for abandoned or unwanted animals. (Ord. 643, 5-15-2012; amd. Ord. 649, 7-17-2012; Ord. 658, 10-16-2012; Ord. 663, 5-7-2013, eff. 7-1-2013; Ord. 666, 7-2-2013)
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