(A) Confinement. All potentially vicious animals shall be confined in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in division (B) of this section. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine potentially vicious animals must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen which must be embedded in the ground no less than two feet. All structures erected to house potentially vicious animals must comply with all zoning and building regulations of the city. All such structures must be adequately lighted, ventilated, and kept in a clean and sanitary condition.
(B) Leash and muzzle. No person shall permit a potentially vicious animal to go outside its kennel or pen unless such animal is securely leashed with a leash no longer than four feet in length. No person shall permit a potentially vicious animal to be kept on a chain, rope or other type of leash outside its kennel or pen, unless a person is in physical control of the leash. Such animals may not be leashed to inanimate objects such as trees, posts, buildings and the like. In addition, all animals on a leash outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such animal from biting persons, dogs or cats.
(C) Sightproof fencing. In addition to other requirements provided herein, the yard where a potentially vicious animal is kept shall be enclosed with a six foot high sightproof fence. Said fence shall be maintained in a strong and sturdy condition at all times so that said potentially vicious animal cannot escape from the property. Said fence shall be maintained free of holes and shall not contain any gap between the fence and the ground large enough for a human limb or other animal to go through. Said fence shall also be maintained to prevent another animal from entering the property where the potentially vicious animal is kept. Electric fences, if installed, shall be installed in accordance with applicable building and safety codes. Electric fences shall not be installed on the top of the fence or be installed in such a way as to be likely to shock humans on the opposite side of the fence.
(D) Signs. All owners, keepers or harborers of potentially vicious animals must, within 30 days of notification, display in a prominent place on their premises a sign easily readable by the public using the words “Beware Of Potentially Vicious Animal”. In addition, a similar sign is required to be posted on the kennel or pen of such animal.
(E) Insurance. A landowner or property owner that leases, rents or otherwise allows an owner of a potentially vicious animal to keep or harbor said animal on the landowner’s premises and all owners, keepers or harborers of potentially vicious animals must, within 30 days of notification, provide proof to the Chief of Police of public liability insurance in a single incident amount of $100,000, or a surety bond issued by an insurer qualified under 36 O.S., insuring the owner for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten days’ written notice is first given to the city by the owners, keepers or harborers.
(F) Identification photographs. All owners, keepers or harborers of potentially vicious animals must, within 30 days of notification, provide to the Chief of Police two color photographs of the potentially vicious animal clearly showing the color and approximate size of the animal. Said photographs shall be no smaller than three inches by five inches in size.
(G) Electronic identification tag. All owners, keepers or harborers of potentially vicious animals must, within 30 days of notification, have an electronic identification chip installed on the animal. The chip shall be installed by a veterinarian licensed in the state and shall be readable with the use of an industry standard universal reader.
(H) Reporting requirements. All owners, keepers or harborers of potentially vicious animals must within 30 days of the incident, report the following information in writing to the Chief of Police as required hereinafter:
(1) The removal from the city or death of a potentially vicious animal;
(2) The birth of offspring of a potentially vicious animal; and
(3) The new address of a potentially vicious animal owner should the owner move within the corporate city limits.
(I) Sale or transfer of ownership prohibited. No person shall sell, barter or in any other way dispose of a potentially vicious animal within the city to any person within the city unless the recipient personally resides permanently in the same household and on the same premises as the owner of such animal; provided that the registered owner of a potentially vicious animal may sell or otherwise dispose of a potentially vicious animal or the offspring of such animal to persons who do not reside within the city.
(J) Breeding of potentially vicious animals. It shall be unlawful to allow any potentially vicious animal within the city to be bred.
(K) Animals born of potentially vicious animals. All offspring born of potentially vicious animals registered with the city must be removed from the city within six weeks of the birth of such animal.
(L) Sterilized. All owners, keepers or harborers of potentially vicious animals must, within 30 days of notification, have the potentially vicious animal sterilized. Sterilization shall be performed by a veterinarian licensed in the state.
(M) Annual registration. All potentially vicious animals shall be registered by the owner with the city within 30 days of notification by the Chief of Police that the animal has been declared potentially vicious. By the end of this 30-day period, the owner, keeper or harborer of the animal must be in compliance with all of the requirements of this section. The annual registration fee shall initially be established at $100. The registration must be renewed by January 1 of each subsequent year that the potentially vicious animal is kept in the city.
(N) Failure to comply. It shall be unlawful for the owner, keeper or harborer of a potentially vicious animal in the city to fail to comply with the requirements and conditions set forth in this section. Any potentially vicious animal found to be the subject of a violation of this section shall be subject to immediate seizure and impoundment. All expenses associated with the impounding including shelter, food, handling and veterinary care shall be borne by the owner of such animal during the period of impoundment. Failure to comply with all the requirements and conditions set forth in this section within 15 days of impoundment will result in the destruction of this animal.
(Prior Code, § 5-4-17) (Ord. 845, passed 6-16-2015) Penalty, see § 98.99