A. Vicious Animal Or Animal Exhibiting Menacing Behavior Prohibited: Unless specifically allowed by court order, or unless specifically provided for otherwise in this chapter, it shall be unlawful to own, possess, keep and/or harbor an animal declared to be a vicious animal or an animal exhibiting menacing behavior within the corporate limits of the city. Each day such an animal is kept within the city shall be deemed to be a separate violation.
B. Dangerous Dog Or Potentially Dangerous Dogs Unlawful Without Permit: It shall be unlawful to own, possess, keep or harbor a dangerous dog or a potentially dangerous dog within the city limits unless the person who owns, possesses, keeps or harbors the dangerous or potentially dangerous dog obtains an annual permit from the city. In order to obtain such a permit:
1. The applicant must have the premises upon which the dog is to be harbored or kept inspected by the chief of police or his designee to ensure such premises is sufficient to hold the animal.
2. The applicant must present a copy of a policy of liability insurance, such as homeowner's insurance, or surety bond, issued by an insurer qualified under 36 Oklahoma Statutes in the amount of not less than fifty thousand dollars ($50,000.00) insuring the owner for any personal injuries inflicted by the dangerous or potentially dangerous dog.
3. The applicant must pay an annual fee of ten dollars ($10.00) to the city for such permit.
4. The dog cannot be ordered banished from the city or ordered to be destroyed by court order.
It shall be unlawful to fail to maintain the liability insurance or bond required in this section at any time a dangerous dog is owned, harbored or kept in the corporate limits of the city. Nothing in this subsection should be construed to prevent a court order to banish any particular animal from the city or to prohibit euthanasia of a particular animal under authority of subsection K of this section.
C. Potentially Dangerous Dog Permit Requirements: It is unlawful for one who harbors, owns, possesses or keeps a potentially dangerous dog to permit the dog to be unconfined or otherwise fail to meet the requirements as set forth by this section, and to this end and after obtaining the proper permit for a potentially dangerous dog such person or persons shall:
1. Keep the dog indoors or in a fenced enclosure;
2. Prevent the dog from being at large in the city;
3. Place and maintain a "Beware Of Dog" warning sign upon each gate or entrance into the fenced enclosure where such animal is kept and place such sign on each side of the fenced enclosure without a gate that faces a public street, private street, or alleyway;
4. Prevent the dog from having any kind of unsupervised access to children and small animals;
5. Maintain all fenced enclosures in a state of repair that prevents the dog from running at large, and prevents entrance by small children and other animals;
6. Maintain a lock upon all gates and entrances to the fenced enclosure sufficient to prevent access by small children or animals;
7. Muzzle and be in direct control of the dog anytime the dog is not indoors or within a fenced enclosure;
8. Notify the police department when moving the place where the dog is kept from one location to another in the city and having any new location inspected by the chief of police or designee to ensure such premises meets the requirements of this section prior to actually moving, harboring or keeping the dog at the new location;
9. Notify the police department anytime the dog gets loose and is running at large.
D. Potentially Dangerous Dog Permit Revocation:
1. The chief of police or his designee may revoke a potentially dangerous dog permit when:
a. The dog is found at large two (2) or more times in any twelve (12) month period, or
b. For failure to meet any of the requirements of subsection C of this section two (2) or more times within any twelve (12) month period, or
c. Failure to maintain liability insurance or bond as required in subsection B2 of this section, or
d. The dog, without provocation, attacks or bites any person or animal.
2. It shall be unlawful to own, possess, harbor or keep a potentially dangerous dog within the corporate city limits after a permit has been revoked. Each day a potentially dangerous dog is owned, harbored, possessed or kept within the city after the revocation of a permit shall be considered a separate violation.
3. The person who owns, possesses, keeps or harbors the potentially dangerous dog may appeal the revocation by making written application to the municipal court and appearing on the next scheduled court date; however, the dog must be removed from the corporate city limits pending the appeal.
E. Impoundment Of Potentially Dangerous Dog:
1. A potentially dangerous dog may be impounded at the owner's expense within the corporate limits of the city anytime the dog is found to be at large. A potentially dangerous dog may also be impounded at the owner's expense from the place where the potentially dangerous dog is harbored or kept, when:
a. The fenced enclosure for the dog is found to be in a state of disrepair or damage so that the potentially dangerous dog could be at large, and/or small children or animals could access the place where the dog is kept.
b. The permit has been revoked and the person who owns, possesses, keeps or harbors the potentially dangerous dog does not remove the dog from the corporate limits of the city within twenty four (24) hours of such revocation.
c. A person pending a hearing on a potentially dangerous dog declaration fails to adhere to the requirements of this chapter.
d. The potentially dangerous dog, without provocation, attacks or bites any person or animal.
2. Nothing in this section prohibits the immediate impoundment or destruction of an animal when necessary for the protection of the public, property, an animal or any person.
F. Dangerous Dogs Unlawful Without Permit:
1. It shall be unlawful to own, possess, keep or harbor a dangerous dog within the city limits unless the person who owns or harbors the dangerous dog obtains an annual permit from the city, and in such event the following shall apply:
a. The applicant must have the premises upon which the dangerous dog is to be harbored or kept inspected by the chief of police or designee to ensure such premises meets the requirement of this chapter.
b. The applicant must present a copy of a policy of liability insurance, such as homeowner's insurance, or surety bond, issued by an insurer qualified under 36 Oklahoma Statutes in the amount of not less than fifty thousand dollars ($50,000.00) insuring the owner for any personal injuries inflicted by the dangerous dog.
c. The applicant must pay an annual fee of ten dollars ($10.00) to the city for such permit.
2. It shall be unlawful to fail to maintain the liability insurance or bond required in this section at any time a dangerous dog is owned, possessed, harbored or kept in the corporate limits of the city.
G. Dangerous Dog Permit Requirements: It is unlawful for one who harbors, owns, possesses or keeps a dangerous dog to permit the dog to be unconfined or otherwise fail to meet requirements as set forth by this section, and to this end and after obtaining the proper permit for a dangerous dog such person or persons shall:
1. Keep the dangerous dog indoors, or in a "proper enclosure of a dangerous dog" said term meaning that, 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 one hundred fifty (150) square feet of space for each dog kept therein which is over six (6) 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. In addition, such fenced enclosure must be contained within a separate perimeter fenced area such as a yard fence, and shall be situated so that the fenced enclosure is at least five feet (5') from the perimeter or yard fence.
2. Prevent the dangerous dog from being at large in the city.
3. Place and maintain a "Beware Of Dog" warning sign upon the gate to the fenced enclosure containing the dangerous dog, and upon each gate or entrance into perimeter or yard fence where such dog is kept and to place such sign on each side of the perimeter or yard fence without a gate that faces a public street, private street or alleyway.
4. Prevent the dangerous dog from having any kind of unsupervised access to children and small animals.
5. Maintain all fenced enclosures and perimeter fences in a state of repair that prevents the dangerous dog from running at large, and prevents entrance by small children and other animals.
6. Maintain a lock upon all gates and entrances to the fenced enclosure and perimeter fence sufficient to prevent access by small children or animals.
7. Muzzle and be in direct supervision and control of the dangerous dog anytime the dog is not indoors or within a "proper enclosure of a dangerous dog".
8. Notify the police department when moving the place where the dog is kept from one location to another in the city and having any new location inspected by the chief of police or his designee to ensure such premises meets the requirements of this section prior to actually moving, harboring or keeping the dog at the new location.
9. Maintain the dog in a crate or similar device anytime the dog is transported.
10. Notify the police department anytime the dog gets loose and is running at large.
H. Dangerous Dog Permit Revocation:
1. The chief of police or his designee may revoke a dangerous dog permit when:
a. The dangerous dog is found at large, or
b. For failure to meet any of the requirements of subsection G of this section two (2) or more times within any twelve (12) month period, or
c. Fail to maintain liability insurance or bond as required in subsection F1b of this section, or
d. The dog, without provocation, attacks or bites any person or animal.
2. It shall be unlawful to own, possess, harbor or keep a dangerous dog within the corporate city limits after a permit has been revoked. Each day a dangerous dog is owned, possessed, harbored or kept within the city after the revocation of a permit shall be considered a separate violation.
3. The person who owns, possesses, keeps or harbors the dangerous dog may appeal the revocation by making written application to the municipal court and appearing on the next scheduled court date; however, the dangerous dog must be removed from the corporate city limits pending the appeal.
I. Impoundment Of Dangerous Dog: A dangerous dog may be impounded at the owner's expense within the corporate limits of the city anytime the dog is found to be at large. A dangerous dog may also be impounded at the owner's expense from the place where the dog is harbored or kept, when:
1. The fenced enclosure or perimeter fence containing the dog is found to be in a state of disrepair or damage so that the dog could get out and be at large, and/or small children or animals could access the place where the dog is kept.
2. The permit has been revoked and the person who owns, possesses, keeps or harbors the dog does not immediately remove the dog from the corporate limits of the city.
3. A person, pending a hearing on a dangerous dog declaration, fails to adhere to the requirements of this chapter.
4. The dog, without provocation, attacks or bites any person or animal.
Nothing in this subsection prohibits the immediate impoundment or destruction of any animal when necessary for the protection of the public, property, an animal, or any person.
J. Inspections: The location at which any dangerous dog, potentially dangerous dog, vicious animal, or animal exhibiting menacing behavior is kept is subject to inspection at any time by any police or animal control officer of the city for the purpose of ensuring the dog is being restrained as required by this section.
K. Declaration Of Animal As Potentially Dangerous Dog, Dangerous Dog, Vicious Animal, Or Animal Exhibiting Menacing Behavior:
1. A judge of the municipal court, upon the presentment of a verified complaint by an animal control officer, law enforcement officer, or the city attorney, and after notice and a hearing on the matter, shall determine whether an animal or dog being kept at a specified location within the city is a potentially dangerous dog, dangerous dog, a vicious animal, or an animal exhibiting menacing behavior, as defined by city ordinance. Upon such a finding, the judge shall issue an order of the municipal court declaring the animal a dangerous dog, potentially dangerous dog, a vicious animal, or an animal exhibiting menacing behavior. The order shall be served on either the person(s) owning, possessing, keeping and/or harboring said dog or animal (service on 1 constituting service on them all), or if none can be found, by publication in the newspaper and by posting the order in three (3) public places.
2. Notwithstanding any other provision contained herein, the municipal judge's order, if justice so requires, may order the destruction of the dangerous dog, potentially dangerous dog, a vicious animal or an animal exhibiting menacing behavior, or may order its removal and/or banishment from the city. The order may also contain reasonable restrictions or stipulations on the animal not herein stated in this chapter. Those who own, possess, keep and/or harbor such dogs or animals will be required to comply with all conditions contained in the order pertaining to a dangerous dog, potentially dangerous dog, vicious animal or animal exhibiting menacing behavior, and in addition shall comply with the requirements of this chapter.
3. It shall be unlawful for any person to own, possess, keep or harbor a dangerous dog, potentially dangerous dog, a vicious animal, or an animal exhibiting menacing behavior, within the limits of this city contrary to the order of the municipal judge or contrary to any of the provisions of this chapter.
L. Duty Upon Complaint: When an animal control officer, police officer or city attorney intends to or actually files a complaint with the municipal court requesting an animal or dog be declared a dangerous dog, potentially dangerous dog, a vicious animal, or an animal exhibiting menacing behavior, the person or persons who either own, possess, keep and/or harbor the animal or dog shall be given written notice if they can be found, and if they cannot be found, notice shall be published once and posted in three (3) conspicuous places in the city; provided, however, that notice to one of the aforementioned classes of persons shall be deemed notice to all. The notice shall include the date and time of issue, the date and time the matter is to be heard in municipal court and the required duties of the owner or keeper until such time the matter is heard. It is unlawful to fail to adhere to the required duties after notice has been served. The order may provide for impoundment of the dog or animal at the owner's expense, or, absent such order, the duty of the party to house the dog pending a hearing are as follows:
1. The animal or dog shall be kept indoors; or
2. The animal or dog shall be kept in a secure fenced enclosure with locked gates that is sufficient to prevent the animal or dog from being at large and to prevent access to the animal or dog by small children or other animals; and
3. To prevent at all times the animal or dog from being at large; and
4. To muzzle and to be in constant attendance and supervision of the animal or dog whenever the animal or dog is not in a fenced enclosure or indoors.
M. Cost Of Action: The person owning, keeping or harboring an animal or dog for which a complaint has been filed before the municipal court to declare such animal a vicious animal, an animal exhibiting menacing behavior, a dangerous dog, or a potentially dangerous dog, shall pay, upon the hearing of the matter before the municipal court, court costs of fifty dollars ($50.00) if the animal or dog is actually declared to be a vicious animal, an animal exhibiting menacing behavior, a dangerous dog or a potentially dangerous dog.
N. Dismissal Of Action:
1. If the person owning, keeping, or harboring an animal or dog for which a complaint has been filed before the municipal court to declare such animal a vicious animal, an animal exhibiting menacing behavior, a dangerous dog or a potentially dangerous dog either:
a. Voluntarily and permanently removes the animal or dog from the corporate city limits, or
b. Voluntarily has the animal euthanized by or under the supervision of a veterinarian licensed in this state, or a licensed animal shelter, and provides proof to the court that such animal has been removed or euthanized, the court shall dismiss the action without cost.
2. It shall be unlawful to forge or falsify proof of euthanasia, to be deceptive in declaring the animal or dog has been removed from city limits, or to return the animal or dog to the corporate limits after declaring to the court such animal has been permanently removed.
O. Limitations On Declaration:
1. No animal or dog may be deemed to be a dangerous dog, a potentially dangerous dog, or vicious or dangerous animal, when:
a. Aggressive behavior, injury or damage was brought about by a person who was breaking and entering into any domestic residence or other property or attempting to break and enter into any domestic residence or other property, or attempting to cause harm to an owner, possessor, keeper or one who is harboring the animal, or a guest or family member of any of the aforementioned.
b. A police service dog, while on duty, which becomes aggressive, or inflicts injury or damage due to law enforcement action or activity while such animal is under the control or supervision.
2. Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a wilful 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. (Ord. 3533, 9-4-2012)