(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL CONTROL AUTHORITY. An entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county, and state and the shelter and welfare of animals.
ANIMAL CONTROL OFFICER. Any individual employed, contracted with, or appointed by the Animal Control Authority for the purpose of aiding the enforcement of this section or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animals.
DANGEROUS DOG.
(a) Any dog that:
1. Has inflicted serious or severe injury on a human being without provocation on public or private property or has attacked without provocation another domestic animal in a place other than a secure and enclosed place in which the dog is kept; or
2. 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.
(b) No person shall be allowed to keep within the city limits any dog bred or trained for fighting, the dog being inherently
DANGEROUS to other residents of the city, particularly children. Any owner or person responsible for bringing or keeping such dogs in the city limits of the city shall be guilty of a misdemeanor and each day shall constitute a separate offense. Such person shall be strictly liable for harm or damage caused by the animal.
OWNER. Any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal.
POTENTIALLY DANGEROUS DOG. Any dog that when unprovoked inflicts bites on a human either on public or private property.
PROPER ENCLOSURE OF A DANGEROUS DOG. While on the owner’s property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure with at least 150 square feet of space for each dog kept therein which is over six 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 dog.
SEVERE INJURY. Any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery.
(B) Certificate of registration requirements are as follows.
(1) It is unlawful for an owner to have a dangerous dog in the state without certificate of registration issued under this section. This section shall not apply to dogs used by law enforcement officials for police work.
(2) The Animal Control Authority shall issue a certificate of registration to the owner of such animal if the owner presents to the Animal Control Unit sufficient evidence of:
(a) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; and
(b) A policy of liability insurance such as homeowner’s insurance, or surety bond, issued by an insurer qualified under 36 O.S. in the amount of not less than $50,000 insuring the owner for any personal injuries inflicted by the dangerous dog.
(3) The annual fee for registration of a dangerous dog shall be $10, in addition to regular dog licensing fees.
(C) Enclosure and control of dangerous dogs is required as follows.
(1) (a) It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person over 16 years of age.
(b) The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.
(2) This section is not and shall not be construed to be “breed specific.”
(3) Dogs shall not be declared 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.
(D) Any dangerous dog shall be immediately confiscated by an Animal Control Authority if:
(1) The dog is not validly registered under division (B) above;
(2) The owner does not secure the liability insurance coverage or surety bond required under division (B) above;
(3) The dog is not maintained in the proper enclosure; and
(4) The dog is outside of the dwelling of the owner, or outside the proper enclosure and not under physical restraint of the responsible person.
(Prior Code, § 4-125) (Ord. 1103, passed 9-24-1991; Ord. 01-27, passed 11-13-2001; Ord. 10-09, passed 2-8-2010) Penalty, see § 90.999