A. Determination As Vicious Animal; Procedure: An animal control officer or police officer may make a determination that an animal is vicious:
1. Notice To Owner: Upon such determination, the animal control officer or police officer shall serve notice of the same on the owner, keeper or occupant of the premises where the animal is kept, which person must be at least fifteen (15) years of age. Such notice shall contain the applicable sections of this code so as to inform such owner, keeper or occupant of the premises where the animal is kept, that the animal has been determined to be vicious, and sufficient to apprize the owner or keeper or other occupant of his/her responsibilities because of such finding in ensuring the safety and well-being of the general public.
2. Written Objection By Owner: Such notice shall further give notice to the owner, keeper or occupant of the premises where the animal is kept that should such person choose to take issue or object to such determination he/she shall, within five (5) days of the receipt of the notice, file a written objection to such determination with the municipal court clerk who shall, within ten (10) days, docket the same for a hearing before the municipal judge upon the issue of whether the dog is vicious or not.
3. Time Limit For Compliance: Such notice shall further provide that in the event no hearing is requested by the owner of the animal, then the determination of the animal control officer shall become final at the expiration of five (5) days, and the owner shall bring himself/herself into compliance with subsection B of this section within ten (10) days of service of notice of the original determination by the animal control officer.
B. Owner Responsibility; Confinement, Registration, Insurance, Destruction: In the event the owner, keeper or occupant of the premises where the animal is kept does not contest the animal control officer's or the police officer's determination that the animal is vicious; or in the event, upon hearing, the municipal judge determines such animal to be vicious, it shall immediately become the responsibility of the owner to comply with the following provisions of this subsection B:
1. Confinement In Enclosure; Restraint And Muzzle:
a. The owner or harborer of a vicious animal shall confine the animal in an approved enclosure, as set forth in subsection D of this section.
b. When it is necessary for the animal to be outside its enclosure for the purpose of veterinary care or for the sale or disposition of the animal, it shall be securely muzzled and restrained by leash and be under the direct control of a person over the age of eighteen (18) years of age.
2. Time Limit For Compliance: The owner or harborer of a vicious animal shall, within ten (10) days of the determination that the animal is vicious, comply with the provisions of this subsection B.
3. Identification; Tatoo: The owner or harborer of a vicious animal shall:
a. Have the vicious animal tattooed on an inside thigh and have an identifying micro chip inserted between the top of the dog's shoulder blades at the withers, by an individual licensed to practice veterinary medicine in the state of Oklahoma.
b. Attain from such a veterinarian proof of such identification and the identification number assigned to the specific dog.
4. Registration And Fee: It shall be unlawful for any person to own or harbor a vicious dog unless said dog has been registered and the registration is current pursuant to this section. The owner or harborer of a vicious animal shall:
a. Complete a "registration form for vicious animals" and submit the same to the city clerk. The form shall contain, among other things, the name of the owner, owner's address, phone number, name of the animal, type of animal, distinguishing markings including three (3) closeup photographs of the animal (frontal, right and left sides), veterinarian's proof of tattooing and micro chip implantation, and such other information as required by the clerk in order to ensure that the owner and animal are identified and to provide the city with a means of tracking the whereabouts of the animal and identity of its owner. The registration form shall be in the form of an affidavit under oath and signed by the owner of the dog. The owner shall immediately notify the animal control department of the sale or disposition of a vicious animal and the person to whom said animal is sold or given and the address of such person.
b. Reregister the dog with the city clerk annually.
c. Pay a registration fee to the city clerk of fifty dollars ($50.00) for the initial permit for a vicious animal, and the same amount upon the issuance of a permit for transfer of ownership or annual registration of such an animal.
5. Liability Insurance: Contemporaneously with registration of the animal, the owner shall submit to the city clerk a certificate verifying that the owner carries liability insurance which would provide coverage to some third party in the event of injuries or property damage sustained by the actions of the vicious animal; or in lieu thereof a deposit of cash or surety bond in the amount of fifty thousand dollars ($50,000.00) which would be held to indemnify some third party in the event of injuries or property damage. It shall be the duty of the owner to provide the city clerk additional proof of continued insurance or renewal of any surety bond by the expiration date of the policy or bond.
6. Permit For Transfer: Prior to selling or transferring ownership or custody of such a vicious animal, the owner shall inform the successive owner or keeper that the animal has been determined to be vicious and to secure a permit for transfer of ownership. A permit for transfer of ownership is required even if the animal is to be transferred to a location outside the municipal limits of the city in order to permit tracking of the animal. Such permit shall contain such pertinent information that the new owner of the dog may be identified, located and notified of proceedings concerning the dog, and the new owner or keeper shall execute the permit in the office of the city clerk. By executing said permit, the successive owner or keeper acknowledges that they will, within ten (10) days thereof, comply with this code regarding the keeping of dangerous/vicious animals.
7. Destruction Of Animal: In the alternative to complying with the provisions of this subsection B, the owner or harborer of a vicious animal may humanely destroy the animal.
C. Court Ordered Destruction: The municipal judge shall order an animal to be destroyed if:
1. An animal is determined to be vicious; and
2. The owner, keeper or occupant of the premises where the animal is kept fails to comply with the provisions of subsection B of this section within ten (10) days of the date of final determination that the animal is vicious; or
3. The animal is determined to be vicious and the injuries which the animal inflicted on the other animal or human causing the animal to be determined to be vicious were serious and exhibited such a ferocious disposition that a reasonable person would believe the animal likely to inflict such damages in the future to other animals or persons which it might encounter.
D. Proper Confinement Required:
1. Prohibition: It is unlawful to keep a vicious animal on a chain or tether outside of an enclosure as defined in section 7-3-1 of this chapter.
2. Requirements: The owner or harborer of a vicious dog shall:
a. Inside Premises: When the dog is indoors, secure all means of egress so that the dog may not exit.
b. Outside Premises: When the dog is outside and on the premises of the owner or harborer, keep such dog confined at all times in a roofed, securely fenced and locked barricade designed so that the dog may not dig its way out. The barricade must be at least six feet (6') in height measuring from the ground with an attached top, and posted with a sign stating "vicious dog" by both symbol and words, and constructed so that a child cannot penetrate the barricade with his hand.
c. Off Premises: When the dog is off the premises of the owner or harborer, keep such dog muzzled and securely restrained with a leash not exceeding three feet (3') in length and under the control of a competent adult eighteen (18) years of age or older. In the alternative, said vicious dog may be confined in a locked crate which is constructed of a material of sufficient strength to prevent escape and posted with a sign stating "vicious dog" by both symbol and words, and constructed so that a child cannot penetrate the barricade with his hand.
d. In Vehicle: When the dog is in a vehicle or is being transported in an open truck bed, or other conveyance, such dog shall be confined in a locked crate or cage which is constructed of a material of sufficient strength to prevent escape and posted with a sign stating "vicious dog" by both symbol and words, and constructed so that a child cannot penetrate the barricade with his hand.
E. Possession Limited: It shall be an offense, subject to the penal provisions of this code, and unlawful for any person to own or harbor more than one vicious animal which is over the age of six (6) months.
F. Failure To Comply; Penalty: It is an offense, subject to the penal provisions of this code, and unlawful for an owner, keeper or occupant of the premises where a vicious animal is kept to fail to comply with the provisions of subsections A through D of this section; or for any person to own, keep or harbor any animal previously determined to have been vicious without complying with said subsections. The general penalty provisions of this code shall apply to any such violation 1 . (Ord. 5972, 5-13-2002)
Notes
| 1 | 1. See section 1-4-1 of this code. |