Breeding, Advertising, and Transfer Permit

5-1-106 - Breeding/Advertising/Transfer (BAT) Permit.

Owners who wish to breed their dog or cat and meet the requirements of the Breeding/ Advertising/ Transfer (BAT) permit as outlined in part C of this section may apply for such permit through the animal welfare division. The holder of a BAT permit is authorized to breed, sell, trade, advertise, receive for any compensation, give away or transfer ownership of no more than one (1) litter per licensed animal, per household, per year.

A. Under no circumstances shall a BAT permit be issued:

1. For any dog or cat not currently licensed as required in Section 5-5-501 of this code, with the exception of persons applying for a BAT permit who live outside the city limits of Lawton;

2.  For any person who breeds sick or genetically impaired animals; and

3. To any person who has ever been convicted by any court of a charge relating to animal cruelty or neglect or has such a charge(s) pending until outcome of charge(s) has been determined.

B. A BAT permit must be obtained by, but not limited to:

1. Any person wishing to breed their dog or cat;

2. Any person, business establishment, or distributor who wishes to advertise or offer for sale, or intends to sell, trade, receive for any compensation or to give away or transfer ownership of a dog or cat or any litter of dogs or cats within the city limits of Lawton, except the voluntary transfer of dogs and cats without compensation shall not require a BAT permit if the animal is already spayed or neutered and licensed with the city prior to the transfer of ownership as provided in Section 5-5-501A of this code and the "A" license number is visible in any and all advertisement; and

3. Any person who intentionally or unintentionally causes or allows the breeding of a dog or cat.

C. Breeding/Advertising/Transfer (BAT) permit requirements:

1. Each adult dog or cat must be currently registered with a "B" license, with the exception of persons applying for a BAT permit who live outside the city limits of Lawton.

2. Applicant shall furnish the city with a copy of the current rabies vaccination certificate issued by a licensed veterinarian for said dog or cat.

3. Applicant shall furnish the city with a copy of a health certificate issued by a licensed veterinarian attesting to the good health of each dog or cat, with the document no older than one year of the application date.

4. Applicant shall also furnish the city with the following information:

a. Owners' name

b. Address

c. Phone number

d. Date of birth

e. Social security number

f. Picture I.D.

D. Dogs and cats; Advertising requirements. No person within the City limits shall publish or advertise to City of Lawton residents the availability of any cat or dog unless the publication or advertisement includes: the animal's "B" license number (unless advertiser lives out of town), and the BAT permit number, provided, however that nothing in this chapter shall prohibit licensed breeders from advertising in national publications for sale of a planned litter or litters. The BAT permit must be displayed at all times during the duration of any advertising of said animal(s). The BAT permit number must be included in all advertisements, to include, but not limited to, flyers, newspaper announcements, and clearly posted in all pet stores on the holding pen of said animal(s).

E. The BAT permit shall be obtained at the animal welfare division for a fee as outlined in the fee schedule and shall be issued or renewed only if the city determines that all conditions have been met. All applications for a BAT permit are subject to an inspection by an animal welfare officer prior to issuance of the permit.

F. The owner shall furnish copies of the BAT permit number, health certificate, and a vaccination record to each buyer or new owner of an animal at time of sale, transfer, trade, or other compensation or free giveaway as required, as proof and assurance that the animal was legally bred and is of good health. The immunization of all dogs and cats, puppies and kittens is required prior to the advertisement, sale, transfer, trade or other compensation or free giveaway of the animal. Dogs and puppies will be immunized against canine distemper, adeno-virus parainfluenza, parvovirus, coronavirus and leptospirosis. Cats and kittens will be immunized against feline rhinotracheitis, and panleukopenia.

G. No puppy or kitten under eight (8) weeks of age shall be offered for sale, trade, or other compensation or free giveaway.

H. It is unlawful to sell, transfer, trade or give away, or attempt to do so, any dogs or cats on curbsides, roadsides, parking lots, or store fronts. In addition to any fines and/or jail time imposed by the municipal court, all cats, dogs, or litters found to be advertised or sold, transferred, offered for trade or give away under such circumstances will be immediately confiscated and impounded. The owners shall have one business day to apply and establish eligibility under section 5-1-106 for a BAT permit and pay any fees as provided in the fee schedule in order to redeem their confiscated animals, or sign relinquishing documentation and pay all fees related to releasing ownership to the shelter as provided in the fee schedule. Should a BAT permit be granted, owners will have two (2) weeks from the permit date to provide the animal shelter with all supporting documentation regarding vaccinations and health certificate requirements for each confiscated animal. All supporting documentation must be received prior to the sale, transfer, trade, give away, or advertisement of any confiscated animal for which a BAT permit has been issued. Animal Rescue Groups, as defined in this Chapter, may hold pet adopt-a-thons at store fronts approved in advance by the animal welfare division without a BAT permit when adopting out sterilized and vaccinated animals. All other situations will require Animal Rescue Groups to obtain a BAT permit.

I. Commercial establishments or public auctions selling dogs or cats shall prominently display the BAT permit number provided by the breeder or individual who supplied the dogs or cats, or obtain a BAT permit in their own name and obtain a health certificate and vaccination record on each animal, all of which shall be provided to the new buyer or owner of any dog or cat.

J. The BAT permit fee can be reimbursed in the event that the animal becomes sick or dies within ninety (90) days of issuance of the BAT permit if no litter is born and upon receipt of written documentation from a licensed veterinarian detailing the sickness or death of each individual animal.

K. Should an animal accidentally breed, the owner must obtain a BAT permit immediately.

L. A BAT packet will be provided to owners with the issuance of all BAT permits. The packet will contain the BAT certificate and number, a copy of the city code relating to the BAT permit, a copy of a Schedule C (Form 1040) and the Oklahoma Sales Tax form. It will be the responsibility of each BAT permit holder to complete and submit these forms to the proper authority.

M. A list of BAT permit holders will be provided by the City of Lawton at the end of each year to both the state and federal tax commission. For this purpose, all BAT permit holders are required to keep records of the name, address, and phone number of the new owner and a description of the animal they obtained.

N. Permit holders will furnish the animal welfare division with information on the birth of each litter, to include the number of animals in litter, and the health certificate and vaccination record of each littermate no later than eight (8) weeks of their birth. The BAT permit number must be attached to this information and all information furnished to the animal welfare division. No additional BAT permits will be issued to holder unless this information is provided to the animal welfare division.

O. Kittens and puppies born to cats and dogs in violation of this section, and not redeemed as stipulated in paragraph H. of this section, shall be forfeited and given to the care of the animal welfare division and handled in accordance with the standard policies and procedures, with all fees paid related to the relinquishment of an animal as provided in the fee schedule.

P. Dogs or cats whose owner has registered such animal and holds a current intact animal license, and are in possession of a certification signed by a licensed veterinarian stating that such animal is unfit to be spayed or neutered because such procedure would endanger the life of such animal, will not be allowed to breed or reproduce.

Q. Any person convicted of violating the provisions of this section shall be punished by a fine of not less than five hundred dollars ($500.00) or by imprisonment in the city jail for not more than thirty (30) days, or by both such fine and imprisonment.

(97-33, Amended, 07/22/1997)

(Ord. 2007-60, Amended, 11/06/2007; Ord. 2007-06, Amended, 03/15/2007)

(Ord. No. 10-45, § 1, 12-21-2010; Ord. No. 13-26, § 2, 8-13-2013; Ord. No. 23-48, § 3, 12-12-2023)