ORDINANCE NO. 12042023-07
AN ORDINANCE OF THE MAYOR AND BOARD OF CITY COMMISSIONERS OF THE CITY OF WAURIKA, JEFFERSON COUNTY, STATE OF OKLAHOMA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF WAURIKA, TITLE 6, POLICE AND PUBLIC SAFETY, CHAPTER 6, ANIMAL CONTROL, BY ADDING DEFINITIONS RELATING TO DANGEROUS, VICIOUS AND POTENTIALLY DANGEROUS AND VICIOUS ANIMALS; BY ADDING ARTICLE D TO BE ENTITLED VICIOUS OR DANGEROUS ANIMALS, ESTABLISHING REGULATIONS, PROCEDURES, REQUIREMENTS, AND PENALTIES; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY THEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND BOARD OF CITY COMMISSIONERS OF THE CITY OF WAURIKA, OKLAHOMA:
SECTION I
. Title 6, Police and Public Safety, Chapter 6 Animal Control, Section 6-6-1 is hereby amended and shall hereinafter read as follows:
6-6-1: DEFINITIONS:
The following words and phrases, when used in this chapter, shall have the meanings prescribed in this section, except in those cases where the context clearly indicates, or specifically provides for, a different meaning:
ANIMAL: All vertebrate and invertebrate animals, whether domesticated or wild, including, but not limited to, bees, birds and fowl (including parakeets), cattle, cats, chickens, dogs, ducks, geese, goats, fish, horses, livestock of all types, mammals (including elephants), rabbits, all reptiles, rodents, sheep, swine and turkeys.
ANIMAL BITE: Any scratch or penetration of the skin by the teeth of an animal.
ANIMAL CONTROL OFFICER OR RABIES CONTROL OFFICER: The person(s) responsible for enforcement of the City of Waurika, Oklahoma's, ordinances and regulations pertaining to animal control in said community.
ANIMAL SHELTER OR MUNICIPAL POUND: Any premises formally designated by the City Commission for the purpose of impounding and caring for animals held under the authority of this chapter, irregardless of whether or not said premises are within or without the City's corporate boundaries, and irregardless of whether or not said premises are under actual City ownership or provided for under a contractual arrangement between the City of Waurika, Oklahoma, and private sector owner(s).
AT LARGE: Not securely confined by a fence or other means, on premises under the control of, or occupied by, the owner, and not under the control of the owner, a member of the immediate family over twelve (12) years of age or an agent of the owner, by leash or otherwise, whether on the owner's premises or not.
DANGEROUS DOG OR OTHER ANIMAL MEANS ANY DOG OR ANIMAL THAT:
(1) Has inflicted severe injury on a human being without provocation on public or private property;
(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 or other animal thereafter aggressively bites, attacks, or endangers the safety of humans; or
(3) 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 or other animal thereafter kills or severely injures a domestic animal.
HARBORING: Allowing any animal to habitually remain, or be fed, on premises under an owner's control.
KENNEL: Any structure or place where more than three (3) dogs, over six (6) months of age, are kept, bred or trained, at any single time, or any facility designed or built to accommodate the temporary (less than 60 days) boarding of more than three (3) dogs over six (6) months of age.
LIVESTOCK: All animals, other than dogs, cats, small caged birds or small aquatic or amphibian animals.
NEUTER: To render a male dog or cat unable to reproduce.
NEW OWNER: A person legally competent to enter into a contract acquiring a dog or cat from the releasing agency.
OWNER: Any person, firm or corporation owning, harboring or keeping an animal; occupants of any premises to which a domesticated or tamed animal customarily returns for a period of ten (10) days or more, shall be deemed to be harboring or keeping the animal, and thereby considered to be an "owner" of said animal.
PET: Any animal kept primarily for pleasure, rather than for sale or other commercial purpose.
POTENTIALLY DANGEROUS DOG OR OTHER ANIMAL MEANS ANY DOG OR OTHER ANIMAL THAT:
(1) When unprovoked inflicts bites on a human either on public or private property; or
(2) When unprovoked kills or severely injures a domestic animal either on public or private property;
(3) Dogs or other animals shall not be declared potentially 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 animal; or who was tormenting, abusing, or assaulting the dog or animal; or who has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or animal; or who was committing or attempting to commit a crime.
Potentially vicious animal means an animal, when unprovoked:
(1) Acts as if it intends to bite a human, dog, cat, animal or livestock whether on public or private property;
(2) Chases or approaches a human upon a public way in a threatening fashion as if to inflict injury or serious harm;
(3) Demonstrates aggressive behavior, which requires a human to take defensive or evasive action to avoid physical contact with the animal.
PROPER ENCLOSURE OF A DANGEROUS DOG: While on the owner's property, a potentially 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.
RELEASING AGENCY: Any pound (Municipal or otherwise), shelter or Humane Society organization, whether public or private.
RESTRAINT: An animal shall be deemed to be under "restraint" if confined on the premises of its owner, if on a leash and accompanied by a responsible person, or in the case of a hunting dog, if accompanied by its owner engaged in the act of hunting.
SPAY: To remove the ovaries of a female dog or cat, in order to render said animal unable to reproduce.
STERILIZATION: To spay or neuter a dog or cat.
VICIOUS DOG OR ANIMAL: Any dog or animal which has bitten or attempted to bite any person without undue provocation, or which attacks, barks or growls at and acts as if it intended to attack or bite, any person or persons when not unduly provoked.
WILD ANIMAL: Any animal which can normally be found living in a naturally wild state and is not ordinarily tamed or domesticated; the term shall include such animals (hereinabove described) which may be owned by a circus or wild animal show or exhibition.
SECTION II. Title 6, Police and Public Safety, Chapter 6 Animal Control, Article D Vicious or Dangerous Animals is hereby established and shall henceforth read as follows:
It is unlawful for any person to own, harbor, shelter, keep, possess, or allow to remain on any premises under his control within the city a dangerous or vicious animal.
PROCEDURE FOR DETERMINATION
6-6D-2: Complaint.
Any person who has actual knowledge of a dog or other animal may file a complaint in municipal court alleging that the dog or other animal is potentially vicious, potentially dangerous, vicious, or dangerous.
6-6D-3: Surrender of animal required upon filing of complaint.
When a complaint is filed in the municipal court of the city alleging violation of this article, the person against whom the complaint is filed, or any other person having control or custody of the animal alleged to be vicious or dangerous, shall deliver the animal to the animal control officer or the duly appointed representative for confinement in the city animal shelter, pending the judgment of the municipal court.
6-6D-4: Complaints against animals previously deemed potentially dangerous or vicious.
After an animal has been determined in writing to be potentially vicious or potentially dangerous, further complaints against that animal will be treated as complaints that the animal is dangerous or vicious.
6-6D-5: Investigation.
An animal control officer or a commissioned police officer shall investigate complaints of dangerous, vicious, potentially dangerous, or potentially vicious animals and make a determination of the facts.
6-6D-6: Determination by officer that animal is dangerous or vicious; appeal.
(a) Finding; notice to animal owner. If the officer observes an animal that is the subject of the complaint and is witness to dangerous, vicious, potentially dangerous or potentially vicious behavior, he shall notify the owner of the animal in writing that he has determined the dog to be dangerous, vicious, or potentially dangerous or vicious. The notification shall direct that the owner register the potentially dangerous or vicious animal with the animal control officer and comply with all the provisions of this article within 30 days of the date of the notice or, if appropriate, that the owner remove the dangerous or vicious animal immediately and permanently from the city limits within seven days of the date of the notice.
(b) Notice to property owner. The officer shall also provide a copy of the written notice to the owner of the property, if other than the owner of the animal.
(c) Appeal. Any person whose animal is determined to be dangerous, vicious, potentially dangerous or potentially vicious by the animal control officer or commissioned police officer may appeal the determination by filing a written appeal to the municipal judge within 15 days of receipt of the officer's notice.
(d) Hearing on appeal; notice to animal owner. The municipal judge shall hold a hearing within 15 days of the date of the appeal to determine if the animal is vicious, dangerous, potentially dangerous or potentially vicious and whether the animals should be destroyed. The court's decision is final. The animal control officer shall notify the appellant in writing of the decision.
(e) Time for owner to comply following ruling. Upon a ruling that the animal is vicious or dangerous, the court shall order that the animal be removed from the city limits within seven days. Upon a ruling that the animal is potentially dangerous or potentially vicious, the court shall order the owner or possessor to comply with the provisions of this article within 30 days.
6-6D-7: When officer is unable to make determination; judicial proceedings.
(a) Request for hearing. If the animal control officer or a commissioned police officer is unable to make a determination that the animal is vicious, dangerous, potentially dangerous or potentially vicious, the complainant may request a hearing before the municipal judge. The request shall be in writing.
(b) Hearing. Within 15 days of the request for hearing, the municipal judge shall hold a hearing and shall make a determination as to whether the animal is vicious, dangerous, potentially dangerous or potentially vicious and whether the animals should be destroyed. The court's decision is final. The animal control officer shall notify the appellant in writing of the decision.
(c) Time for owner to comply following final order. Upon a ruling that the animal is vicious, dangerous, potentially dangerous, or potentially vicious, the judge shall order that the owner comply with the requirements of this article within 30 days of the order.
KEEPING POTENTIALLY DANGEROUS OR POTENTIALLY VICIOUS ANIMALS
6-6D-8: Confinement.
(a) All potentially dangerous or potentially vicious animals shall be securely confined in a securely enclosed and locked pen or kennel with at least 150 square feet of space for each animal kept therein, except when leashed and muzzled as provided in this division. The pen, kennel, or structure must have secure sides and a secure top attached to the sides.
(b) All structures used to confine potentially dangerous or 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 and must be embedded in the ground no less than two feet.
(c) All structures erected to house potentially dangerous or 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.
6-6D-9: Leash and muzzle.
No person shall permit a potentially dangerous or 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 and under the physical restraint of a responsible person over 16 years of age. Such animals may not be leashed to inanimate objects such as trees, posts, buildings, etc. 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 or other animals.
6-6D-10: Sight proof fencing.
The yard where a potentially dangerous or potentially vicious animal is kept shall be enclosed with a six foot high sight proof fence. The fence shall be maintained in a strong and sturdy condition at all times so that the potentially dangerous or potentially vicious animal cannot escape from the property, shall be free of holes, shall not contain any gap between the fence and the ground large enough for a human limb or other animal to go through, and shall be maintained to prevent children and other animals from entering the property where the animal is kept.
6-6D-11: Signs.
All owners, keepers or harborers of potentially dangerous or potentially vicious animals must, within 30 days of notification, display in a prominent place of their premises a sign easily readable by the public using the words "beware of potentially dangerous or potentially vicious animal." In addition, a similar sign is required to be posted on the kennel or pen of such animals.
6-6D-12: Insurance.
All owners, keepers or harborers of potentially dangerous or potentially vicious animals must, within 30 days of notification, provide proof to the animal control officer of public liability insurance in a single incident amount of $100,000.00 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.
6-6D-13: Identification photographs.
All owners, keepers or harborers of potentially dangerous or potentially vicious animals must, within 30 days of notification, provide to the animal control officer two color photographs at least three inches by five inches in size, of the potentially dangerous or potentially vicious animals clearly showing the color and approximate size of the animal.
6-6D-14: Electronic identification tag.
All owners, keepers, or harborers of potentially dangerous or 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 this state and shall be readable with the use of an industry standard universal reader.
6-6D-15: Reporting.
All owners, keepers, or harborers of potentially dangerous or potentially vicious animals must within 30 days of the incident report in writing to the animal control officer the removal from the city or death of the animal, the birth of offspring of the animal, and the new address of the animal should the owner move from one location to another within the corporate city limits.
6-6D-16: Sale or transfer of ownership prohibited.
No person shall sell, barter or in any other way dispose of a potentially dangerous or 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. Such animals may be sold to persons who reside and who will keep the animal outside the city limits.
6-6D-17: Breeding.
It is unlawful to breed any potentially dangerous or potentially vicious animals within the city.
6-6D-18: Offspring.
All offspring born of potentially dangerous or potentially vicious animals registered within the city must be removed from the city within six weeks of the birth of such animal.
6-6D-19: Sterilization.
All owners, keepers, or harborers of potentially dangerous or potentially vicious animals must, within 30 days of notification, have them sterilized. Sterilization shall be performed by a veterinarian licensed in this state.
6-6D-20: Annual registration.
All potentially dangerous or potentially vicious animals shall be registered by the owner with the animal control officer of the city within 30 days of notification by the animal control officer that the animal has been declared potentially dangerous or potentially vicious. The animal control officer shall not register such animal if the requirements of this division are not complied with at the time of application. The annual registration fee shall be established by the city commissioners.
6-6D-21: Court Authority Regarding Dogs Attacking Persons:
1. Authority To Order Hearing: If any dog within the city shall bite, scratch, chase, or otherwise attack any person; and, if the person so attacked was not at the time trespassing upon the property of the owner of such dog; and, if it cannot be proved beyond a reasonable doubt that the person so attacked was provoking or teasing such dog, the municipal court shall have the authority to order and hold a hearing.
2. Court Order: If the court determines that such dog is vicious or dangerous to persons or other animals, the court may order that such dog be kept muzzled, or that such dog be kept within a sufficient enclosure, or that such dog be delivered to the animal control officer and by him destroyed.
6-6D-22: Failure to comply; penalties and other remedies.
It is unlawful for the owner, keeper, or harborer of a potentially dangerous or potentially vicious animal in the city to fail to comply with the requirements and conditions set forth in this division. Any potentially dangerous or potentially vicious animal found to be in the subject of a violation of this division 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 division within 15 days of impoundment will result in the destruction of this animal. The owner, upon conviction, shall be guilty of a misdemeanor punishable as provided in this Title.
SECTION III. That the remaining portions of Title 6, Police and Public Safety, Chapter 6 Animal Control shall be unchanged by this ordinance.
SECTION IV.
Repealer All ordinances or parts thereof which are inconsistent with this ordinance are repealed upon effective date of this ordinance.
SECTION V. Severability. If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any Court of competent jurisdiction, said portion shall be deemed a separate, distinct and independent provision and such holdings shall not affect the validity of the remaining portions of this Ordinance.
SECTION VI.
Emergency. It being immediately necessary for the preservation of the public, health, peace and safety of the City of Waurika and the inhabitants thereof, an emergency is hereby declared to exist by reason whereof this Ordinance shall be in full force and effect immediately from and after its passage, approval, and publication as provided by law.
PASSED AND APPROVED by the Mayor and Board of City Commissioners of the City of Waurika, Oklahoma, this 4th day of December 2023.
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Mayor Jacob Eck
Attest:
~ SEAL ~
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Melissa Tilley, City Clerk