Findings of fact and legislative purpose: Each year in Ponca City, thousands of dogs and cats within the city are euthanized because they are unwanted, and data show that the number of dogs and cats that must be euthanized is on the increase. Furthermore, the overpopulation of stray dogs and cats is a health and safety risk and disturbs the quiet enjoyment of property within the city, affecting the quality of life in residential neighborhoods. Overpopulation and attendant high costs of disposal and enforcement can be significantly reduced through a spay and neuter program. It is therefore the policy of the city of Ponca City to encourage and promote through appropriate legislation the spaying and neutering of dogs and cats as a means of responsible pet ownership.
A. Spay Or Neuter Required:
1. On or after June 9, 2009, it is unlawful for any person to own, possess, keep or harbor within the city any dog or cat over the age of six (6) months that has not been spayed or neutered, except as provided in subsection B of this section, or if an intact permit has been secured for the animal. A person who owns, possesses, keeps or harbors an animal is hereby defined to be the "owner".
2. Upon the request of an animal control officer, the owner of any dog or cat shall furnish written evidence showing the sterilization status of the animal. A valid rabies vaccination certificate listing the subject animal as being spayed or neutered shall constitute sufficient proof of sterilization.
3. The failure or refusal of any person to comply with the requirements of this section, unless excepted, shall be unlawful and a public offense separate and distinct from all other offenses prescribed in this chapter and shall not for purposes of enforcement, be considered as lesser included to any other offense herein.
4. Violators shall be subject to a fine within the jurisdictional limits of the municipal court unless a lesser punishment be established by separate city commission resolution. Fees for licenses or permits shall be as established by city commission resolution.
B. Exceptions From Spay Or Neuter: The owner of a dog or cat shall not be required to spay or neuter the animal upon compliance with any of the following exceptions:
1. Veterinarian Exemption; Permanent Medical Condition: A written and signed statement from a local licensed veterinarian stating the animal is medically unsuited to undergo the sterilization procedure and specifying the medical grounds therefor will exempt the animal from the neutering requirements of subsection A of this section.
2. Veterinarian Exemption; Temporary Medical Condition: A written and signed statement from a local licensed veterinarian stating the animal suffers from a temporary medical condition so that sterilization is unsafe or imprudent and establishing a prognosis as to a date the animal may be safely neutered will exempt the animal from the requirements of subsection A of this section until the prognosis date established therein. Upon expiration of the prognosis date, the requirements of subsection A of this section become applicable unless the veterinarian issues a further exemption statement.
3. Visiting Animal: The animal is owned, possessed, kept or harbored within the city for no more than thirty (30) days in any consecutive twelve (12) month period.
4. Service, Law Enforcement, Search And Rescue: Dogs documented as having been appropriately trained and actually being used as a service dog, such as a guide dog, hearing dog, assistance dog, seizure alert dog, or social/therapy dog; by public law enforcement agencies for law enforcement activities; or search and rescue agencies for search and rescue activities; or such dogs designated as breeding stock by an appropriate agency or organization approved by the director of animal control after consultation with knowledgeable professionals;
5. Competition Dogs Or Cats: A competition animal is one that is used to show, to compete or is designated as breeding stock, and is of a breed recognized by and registered with the American Kennel Club (AKC), United Kennel Club (UKC), American Dog Breeders Association (ADBA), or other valid registry approved by animal control, as listed in the spay and neuter licensing exception appendix (copies of which shall be available at the city clerk's office or animal control), and meets one of the following requirements:
a. The dog/cat has competed in at least one dog/cat show or sporting competition sanctioned by a national registry or other registry approved by animal control, as listed in the spay and neuter licensing exception appendix, within the last three hundred sixty five (365) days, or
b. The dog/cat has earned a conformation, obedience, agility, carting, herding, protection, rally, sporting, hunting, working or other title from a purebred dog/cat registry as referenced above or other registry or dog sport association approved by animal control, as listed in the spay and neuter licensing exception appendix, or
c. The owner of the animal is a member of an approved purebred dog/cat breed club, which maintains and enforces a code of ethics for dog/cat breeding that includes restrictions from breeding dogs/cats with genetic defects and life threatening health problems that commonly threaten the breed(s), approved by animal control, as listed in the spay and neuter licensing exception appendix.
6. Annual Intact Permit: The owner has an annual intact permit for the animal in question and is otherwise in compliance with the provisions of this chapter.
C. Whelping Permit:
1. No owner shall cause, allow or suffer any female dog or cat by them owned, harbored or kept to breed or become pregnant without having a current whelping permit for said animal. The term "whelping permit" means a written authorization, issued annually by the department of animal control, giving its lawful holder permission to breed a specific female dog or a cat and for that animal to deliver not more than one litter within the twelve (12) month period encompassed by the permit.
2. Each whelping permit shall be issued in the name of the owner and for a specific named and described female animal and shall be valid for one year from the date of issuance. A separate permit must be obtained for each owned female dog or cat. The fee for each permit shall be established by resolution of the city commission.
3. In order to prevent the overbreeding of animals, each permit shall only permit the whelping of no more than one litter per female dog in any twelve (12) month period.
4. The owner shall cause his/her whelping permit number and the name of the dame which gave birth to the litter to appear in any advertisement for sale of dogs or cats born pursuant to said permit.
D. Intact Permit:
1. It is unlawful for any owner to possess, keep or harbor within the city any unspayed or nonneutered dog or cat over the age of six (6) months, and for which the exceptions enumerated in subsection B of this section do not apply, to fail to obtain an intact permit in his or her name for the specific animal.
2. The city clerk or duly authorized agents of the city shall issue annual intact permits upon payment of the fee and approval of an application made for such purpose. The application shall state the name, address and telephone number of the owner and the name, breed, color, age and sex of the dog or cat for which the intact permit is obtained, and such other information as the city clerk may require in order to identify the owner and animal. Neither the city clerk nor any authorized agent shall issue an intact permit until the owner presents a certificate showing the dog or cat has a current rabies vaccination at the time application is made. The applicant shall pay the intact permit fee at the time of application.
3. Upon approval of the application, the city clerk or any authorized agent shall issue the intact permit in an appropriate form and a uniquely numbered metallic or plastic tag. An intact permit shall expire one year from the date of issuance and shall be subject to revocation and nonrenewal as provided in subsection E of this section.
4. An intact permit is not transferable to a new owner of the dog or cat should ownership of the animal change. The new owner must make application and permit fee payment as provided in subsection D2 of this section.
5. In the event a metallic or plastic tag is lost or destroyed, the owner may obtain a duplicate tag upon the payment of a replacement fee. It shall be unlawful to use or attempt to use a tag for which a duplicate tag has been issued.
6. It is unlawful to use or transfer an intact permit or tag, or attempt to use or transfer the same, for or to a dog or cat other than the animal for which the permit was issued.
E. Revocation Or Nonrenewal Of Intact Permit:
1. The municipal court judge may revoke the intact permit for a dog or cat when, during the current permit year, the owner of the animal for which the permit is issued is convicted, pleads guilty or nolo contendere to more than one offense of allowing or permitting such dog or cat to run at large in violation of this code.
2. Neither the city clerk nor any authorized agent shall issue or renew an intact permit for any dog or cat for which an intact permit has been revoked. The commencement of revocation proceedings shall temporarily stay the issuance or renewal of an intact permit pending the outcome of such proceedings.
F. Tag To Be Attached To Collar:
1. Upon receipt of the intact permit and tag, the owner shall securely affix the tag to the collar or harness of the dog or cat for which the permit is issued. The dog or cat shall wear the tag at all times, except when a veterinarian provides a medical exemption from such wearing.
2. No person shall remove or attempt to remove a tag from the collar or harness of any dog or cat without the owner's consent.
G. Roadside, Parking Lot And Flea Market Sales:
1. No person shall sell, trade, barter, lease, rent, give away, or display for a commercial purpose a live dog or cat on a roadside, public right of way, commercial parking lot, or at an outdoor special sale, swap meet, flea market, parking lot sale, or similar event.
2. This subsection shall not apply to a tax exempt nonprofit organization founded for the purpose of providing humane sanctuary or shelter for abandoned or unwanted animals. Such 501(c)3 nonprofit documentation must be posted and visible at all times during animal adoption events, and any animals adopted out under this subsection must be spayed or neutered prior to adoption and have proof of such.
H. Permit Records: The city clerk or his designee shall keep a register of all intact permits issued in which shall be entered the name, address and telephone number of the owner, a description and other identifying information of the dog or cat so permitted, and the date of issuance and expiration.
I. Penalty: It shall be unlawful and a public offense for any owner to either act or fail to act as required of owners by this section and such person shall be punishable by a fine not to exceed five hundred dollars ($500.00). (Ord. 6086, 6-9-2008, eff. 6-9-2009)