Sterling Codifiers, Inc.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

AGGRESSION TRAINED DOG: A dog that has been or is being subjected to any aggression training conducted by the owner of the dog or another.

ANIMALS: Any and all types of animals, both domesticated and wild, male and female.

AT LARGE: Off the premises of the owner or custodian of the animals and not under the immediate control of the owner or custodian.

CURRENTLY VACCINATED: Properly immunized by or under the supervision of a licensed veterinarian with an antirabies vaccine licensed and approved by the United States department of agriculture for use in that animal species. Vaccine must have been given at appropriate time interval(s) for the age of the animal and type of vaccine administered.

DANGEROUS DOG: Any dog that: a) has inflicted severe injury on a human being without provocation on public or private property; or b) has been previously found to be potentially dangerous and the dog thereafter aggressively bites, attacks or endangers the safety of humans; or c) has been previously found to be potentially dangerous, and the dog thereafter attacks any domesticated pet, fowl or livestock which results in the severe injury or death of said domesticated pet, fowl or livestock, either on public or private property.

DOG: Any dog, whether male or female.

DOMESTICATED PET: A tame animal, which because of its close association with human beings, has lost its ability to live in the wild.

EXOTIC ANIMALS²: Commercially raised animals of the families: bovidae, cervidae, antilocapridae, suidae, and ratites.

EXPOSURE TO RABIES: A bite or physical contact with the saliva or other potentially infectious tissues from an animal confirmed or suspected of being infected with rabies.

FOWL³: Chickens, turkeys, ducks, geese, guineas or game birds.

HOME QUARANTINE: Confinement of the animal at the owner's residence where the residence has the necessary fencing, shelter and supervision to ensure the animal will be confined, isolated from the public, observed and has adequate care. This quarantine also requires an examination by a licensed veterinarian on the first and last day of confinement.

KEEP OR HARBOR: To maintain, possess, control and use.

LAWFULLY ON PRIVATE PROPERTY: A person shall be considered to be lawfully upon the private property of the owner of a dog when he or she is on the property in the performance of any duty imposed upon the persons by the laws of the state of Oklahoma, or its political subdivisions, the city of Enid, or by the laws of the United States, or the postal regulations of the United States or when reading meters or making repairs to any public utility or service located on the premises, or when working on the property upon the invitation, either express or implied, of the owners or lessee of such property, or when on the property for any other lawful purpose.

LIVESTOCK⁴: Cattle, swine, sheep, horses, mules, donkeys, llamas, alpacas, goats, fowl, and includes exotic animals.

NEUTER: To castrate a male dog, cat or potbellied pig in order to render it unable to reproduce.

NEW OWNER OR OWNER: A person legally competent to enter into a contract acquiring a dog or cat from the city of Enid's animal shelter.

OWNER: Any person, firm, corporation, organization or department possessing, harboring, keeping, having an interest in or having control or custody of an animal.

POTBELLIED PIG: Pigs as defined in section 5-7-4 of this chapter, whether male or female.

POTENTIALLY DANGEROUS DOG: Any dog, whose behavior, temperament, size, or combination thereof, whether on public or private property and when considered under the totality of the circumstances, including the nature of the surrounding area and whether the dog is aggression trained, constitutes a reasonable risk of injury to a human, animal, or damage to personal or real property.

POUND: An establishment for the confinement of dogs, cats or potbellied pigs seized either under the provisions of this chapter or otherwise.

PROPER ENCLOSURE FOR DANGEROUS DOG: 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 there 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 a secure top, secure sides and shall provide protection from the elements for the dog.

PUBLIC PROPERTY: Any and all public streets, sidewalks, alleyways, easements, buildings, parks, playgrounds and recreational facilities, and any and all places of business, amusement or entertainment which are privately owned, wherein merchandise, property, services, entertainment or facilities are offered for sale, hire, lease or use.

SELLER OF RABIES VACCINE: Includes the owner of the business, the manager of the store, and/or the employee selling the vaccine to the purchaser.

SEVERE INJURY: Any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery.

SPAY: To perform an ovarian hysterectomy on a female dog, cat or potbellied pig in order to render said animal unable to reproduce.

STERILIZATION: To spay or neuter a dog, cat or potbellied pig.

WILD ANIMAL: Any animal not properly owned by any person, proof of which may include, but is not limited to, license, tag, vaccination, and registration. (Ord. 2009-22, 9-1-2009)

A. Appointment:

1. The police chief or his designee shall appoint an animal control officer and all assistants and they shall be authorized to enforce the provisions of this chapter. The animal control officer and all assistants shall have the authority to issue citations to persons who violate any provision of this chapter.

2. Notwithstanding the provisions of subsection A1 of this section, police officers of the city shall have the authority to enforce the provisions of this chapter.

B. Monthly Reports: Upon the tenth day of every month, the animal control officer shall account to the finance director for all monies received by him by virtue of his office for the preceding month and shall render to the chief of police and the finance director a full statement on all animals received into the pound during the preceding month, describing the animals with the name of the owners, if known, the date all animals were received, the date the animal was returned to its owner and the fee charged, the date the animal was adopted and the fee charged. Forms for such reports shall be prescribed by the finance director. (1994 Code §§ 5-31, 5-32)

A. Owner Responsibility: Every person who owns, has charge, care, custody, possession or control of any chickens, turkeys or other domestic fowl, or any horse, cow, mule, goat, sheep or any other domestic animal, shall keep such fowl and animals exclusively upon his own premises and to restrain them from running at large.

B. Impoundment And Redemption:

1. Any fowl or animal, described in subsection A of this section, found running at large shall be impounded by persons assigned to the city's animal control shelter. Such fowl or animal may be redeemed by the owner or person in charge of it upon payment of a fee as provided in subsection 2-6D-2A of this code for each fowl or animal, plus a fee as provided in said subsection 2-6D-2A for each day said fowl or animal was impounded.

2. If such fowl or animal is not redeemed within five (5) days, it shall be sold or disposed of; provided, that the owner of such animal or fowl has been given at least two (2) days' notice of such impoundment. Such notice shall be written and shall be either mailed to the owner, if his name and address is known, or posted at the animal control shelter if the name or address is not known.

C. Authority To Kill Or Destroy Animals Or Fowl: Notwithstanding the provisions of subsection B of this section, members of the police department may kill or destroy any animals or fowl which are vicious or which they are unable to take up and impound.

D. Exceptions: The provisions of subsections A and B of this section shall not apply to dogs, cats or potbellied pigs.

E. Violation; Classification Of Offense: The violation of this section shall be a class C offense, unless the person charged has been previously convicted under this section within the last three (3) years, then a violation under this section shall be a class B offense. (1994 Code § 5-2)

A. Limitations On Keeping: No person shall keep or maintain swine within the limits of the city, except in those areas zoned for agricultural purposes or for the hauling or transportation of swine into or through the city for the purpose of shipment, processing or sale so long as said swine are not permitted to remain in the city for a longer period than twenty four (24) hours.

B. Potbellied Pigs Excepted; Conditions: This section shall not apply to the keeping within the limits of the city of Asian potbellied pigs, subject to the following:

1. Each potbellied pig shall be a pet kept for personal enjoyment and not raised for human consumption;

2. Each potbellied pig shall be registered through a bona fide registry firm;

3. Each potbellied pig shall not exceed seventy five (75) pounds in weight and twenty inches (20") in height. (1994 Code § 5-3)

A. Injure; Allow To Suffer: No person shall maliciously or cruelly injure or torture any animal or needlessly extend the suffering of any animal from illness or accident by failing to provide necessary medical care and/or euthanasia.

B. Neglect: No person shall neglect any such animal under his charge or custody. "Neglect" shall include, but not be limited to, the failure to provide adequate care, water and food.

C. Leaving In Vehicle: No person shall leave an animal unattended in a vehicle when by such act the animal's health or safety is endangered. Such action constitutes neglect of and cruelty to said animal. Animal control officers or police officers are given authority under this section to enter said vehicle to rescue the animal where its safety or health may be in jeopardy. The entry may include unlocking the vehicle through mechanical device, but will not include the breaking of windows or the removal of doors without the owner's approval.

D. Abandoning Or Dumping: No person shall abandon or dump any animal.

E. Violation; Classification Of Offense: The violation of this section shall be a class A offense. (1994 Code § 5-4)

A. Owner Liability: Any person who shall violate section 5-7-5 of this chapter shall, in addition to being cited under such section, have his animal impounded by the animal control department and shall be liable for any necessary fees assessed thereby. The animal control department may keep and care for such animal or may allow such animal to be given to a licensed veterinarian for treatment.

B. Special Lien; Sale Of Animal:

1. Every person lawfully in possession of an animal which has been cruelly treated or neglected shall have a special lien thereon for the compensation due him from the owner of such animal for all expenses incurred.

2. The lien may be foreclosed by sale of such animal upon giving notice and in the manner following. The notice shall contain:

a. The name of the party bringing the action and the name of the owner or any person claiming any interest therein.

b. A full description of the animal giving all available information as to the color, age, and the date the animal was taken.

c. A full statement of all the facts.

d. The amount of the claim, giving a full description of the work, labor, storage, or any other costs involved.

e. The date, time and place of the sale.

The notice shall be posted in three (3) public places in the county in which the animal is to be sold at least ten (10) days before the time specified therein for such sale, and a copy of said notice shall be mailed to the owner, if known, and any other person claiming any interest in the animal at their last known mailing address, by registered mail on the same date of posting of said notice.

3. Proceedings for such sale shall not be commenced until ten (10) days after said lien has accrued. After this ten (10) day period, but before the sale, the said registered owner of the animal shall have a right to contest the impoundment in the municipal court.

4. A return of such sale shall be made at the time of sale and shall contain a statement as to proof of posting and mailing of the notice of the sale of the animal.

5. Any funds remaining after the payment of the lien and costs incurred therein shall be remitted to the owner, if such owner is known, and if such owner or the address of such owner is not known, to the director of finance to be deposited in the general fund of the city. (1994 Code §§ 5-5, 5-6)

A. Keeping Prohibited: No person shall keep any animal which is known or believed by him to be infected with a dangerous or communicable disease.

B. Exception: Subsection A of this section shall not apply to any veterinary hospital, zoo, ranch, or other place where such animals are adequately cared for with due regard for public health and safety. (1994 Code § 5-7)

A. Shelter Required; Drainage: Natural or artificial shelters appropriate to the local climatic conditions for the particular species of animal or fowl shall be provided for all animals or fowl kept outdoors. A suitable method of drainage shall be provided to rapidly eliminate excess water.

B. Requirements For Cold Or Hot Weather: A shelter for a dog, cat or potbellied pig shall protect against the cold and the heat. The cold weather shelter shall include a moistureproof and windproof structure of suitable size to accommodate the animal, to allow retention of body heat in the winter. It shall be made of durable material, and shall be provided with a sufficient quantity of suitable bedding material to provide insulation and protection against cold and dampness and to promote retention of body heat. The warm weather shelter should provide for air ventilation and shading from the sun.

C. Maintain In Clean And Safe Condition: Any shelter must be maintained in a clean and safe condition. Prosecution for the failure to so maintain a shelter in a clean and safe condition for the animal will be in addition to possible prosecution for nuisance under title 4, chapter 4 of this code.

D. Compliance With City And State Laws: All shelters required to be provided by this section shall comply with all other city and state laws.

E. Failure To Provide: No person shall fail to provide the shelter required in this section. (1994 Code § 5-8)