Menacing and dangerous dogs

5-1-109 - Menacing Behavior by Dogs Prohibited

A.   It shall be unlawful for any person to allow any dog owned, harbored, possessed or maintained by him within the city to exhibit menacing behavior.
B.   Menacing behavior as used in this section means that a dog, while not under physical restraint of a responsible person at least eighteen (18) years of age, causes a reasonable person to believe that an unprovoked attack on a person or on a domestic animal is imminent.
C.   No dog shall be determined to be exhibiting menacing behavior toward a person who at the time such behavior was exhibited:
(1)   was committing or attempting to commit a willful trespass or other tort upon property occupied by the person who owns, harbors, possesses or maintains the animal; or
(2)   was not lawfully present upon the property occupied by the person who owns, harbors, possesses or maintains the animal; or
(3)   was attempting to or was tormenting, abusing, or assaulting the dog; or
(4)   was committing or attempting to commit a crime.
D.   A K-9 dog which attacks a human upon command of the person in charge of the dog at the time of the incident shall not, by reason of such incident, be deemed to be exhibiting menacing behavior.
E.   A violation of this section shall require the dog be confined in a properly locked enclosure as defined in Section 5-2-201 of this chapter, and the conspicuous display of a sign on the enclosure with a warning symbol that informs children of the presence of a potentially dangerous dog. It is unlawful to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial leash and under physical restraint of a responsible person at least eighteen (18) years of age. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.
(05-11, Repealed, 03/22/2005)
(Ord. 2007-06, Amended, 03/15/2007)

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Dangerous animals

5-2-201 - Definitions.

A. As used in this article, the following terms shall have the meanings respectively ascribed to them in this section:

1. "Dangerous animal" means any animal that:

a. Has inflicted severe injury on a human being or another animal without provocation on public or private property, or

b. Endangers the safety of humans or other animals by aggressively attacking in an apparent attempt to inflict severe injury, or

c. Animals shall not be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was unlawfully present upon the premises occupied by the owner or keeper of the animal, or was tormenting, abusing, or assaulting the animal or was committing or attempting to commit a crime under any federal, state or local law. For the purpose of this article, a person is considered to be lawfully present upon the property of an animal owner or keeper when he is on such property in the performance of any duty imposed upon him by the laws of the state, 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 said property at the request of the owner, keeper or any tenant having a lease upon any portion of said property, or when on such property upon the invitation, expressed or implied, of the owner, keeper or lessee of such property;

2. "Provoke" or "provocation" means, with respect to an attack by an animal, that the animal was hit, kicked, agitated by teasing or struck by a person with an object or part of a person's body or that any part of the animal's body is pulled, pinched, or squeezed by a person;

3. "Severe injury" means any physical injury that reasonably results in hospitalization or medical treatment;

4. "Proper enclosure of a dangerous animal" means, a securely enclosed and locked pen or structure with at least one hundred fifty (150) square feet of space for each animal 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 be constructed of commercial grade materials such as heavy gauge chain link fencing, with escape proof sides, floor and top, and shall provide protection from the elements for the animal;

5. "Animal control authority" means the city's animal welfare division acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city and state for the protection of the general public and the welfare of animals;

6. "Owner" means any person, firm, corporation, or organization, possessing, harboring, keeping, having an interest in, or having control or custody of an animal. The occupant of any premises on which a domesticated animal remains, or to which it customarily returns, for a period of ten (10) days or more, shall be deemed to be harboring or keeping the animal.

5-2-202 - Unlawful to own dangerous animal without certificate of registration.

A. It is unlawful for an owner or keeper to have a dangerous animal in the city without the certificate of registration issued as provided in this section. This section shall not apply to animals used by law enforcement officials for police work.

B. The animal welfare division shall issue a certificate of registration to the owner or keeper of a dangerous animal if the owner or keeper presents to the animal welfare division sufficient evidence of:

1. A properly locked enclosure to confine a dangerous animal and the posting of the premises with a clearly visible warning sign that there is a dangerous animal on the property. In addition, the owner or keeper shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous animal;

2. A policy of liability insurance, such as homeowner's insurance, or surety bond, issued by an insurer qualified under Title 36 of the Oklahoma Statutes in the amount of no less than one million dollars ($1,000,000.00) insuring the owner or keeper for any personal injuries inflicted by the dangerous animal;

3. Written documentation from a licensed veterinarian stating said animal has been spayed or neutered and microchipped for identification and law enforcement purposes;

4. Ownership of a muzzle; and

5. A city license.

C. The animal welfare division may issue the owner of a dangerous animal under six (6) months of age a tentative city license until the animal reaches the age of six (6) months, provided that the owner demonstrates that all the requirements set forth in Section 5-2-202B herein have been substantially satisfied.

D. The transfer of ownership of a dangerous animal is not allowed and will not be recognized within the city limits.

Enclosure and penalty

5-2-203 - Unlawful for dangerous animals to be outside enclosure.

It is unlawful for an owner or keeper of a dangerous animal to permit the animal to be outside the proper enclosure unless the animal is muzzled and restrained by a substantial leash and under physical restraint of a responsible person of at least eighteen (18) years of age. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any person or animal.

Enclosure Specifications

"Proper enclosure of a dangerous animal" means, a securely enclosed and locked pen or structure with at least one hundred fifty (150) square feet of space for each animal 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 be constructed of commercial grade materials such as heavy gauge chain link fencing, with escape proof sides, floor and top, and shall provide protection from the elements for the animal;

4'w x 12'l x 6'h Measurements

5-2-206 - Court proceedings against vicious or dangerous animals

The owner or keeper of any animal alleged to be dangerous or in violation of this chapter may be charged in Municipal Court after a complaint has been duly filed therein by any person having knowledge thereof. If the court finds that the animal is a dangerous animal as defined in this article, the court shall order that the animal be confiscated and destroyed or confiscated until the owner or keeper complies with the provisions of this article within eight (8) working days of the judgment. The judge may additionally order that the owner or keeper comply with other preventative measures including, but not limited to, those set out in Article 5-6. The animal will be held at the animal shelter until such time as the owner or keeper reaches compliance. Should the owner or keeper fail to comply by the designated date, the owner or keeper, after paying a fee as stipulated in the fee schedule, shall relinquish ownership or custody of the animal to the animal welfare division and said animal shall be destroyed. The court may also assess the penalty provided for in Section 1-1-119 of this code for any convictions(s) associated with violating this chapter.

5-2-204 - Confiscation of dangerous animals

Authorized Under Certain Conditions

A. Any dangerous animal shall be immediately confiscated by an animal welfare officer if:

1. The animal is not validly registered under Section 5-202 of this code or the owner lacks proof of a current policy of liability insurance in an amount of no less than one million dollars ($1,000,000.00) insuring against personal injuries inflicted by a dangerous animal;

2. The animal is not being maintained in a properly locked enclosure;

3. The animal is outside the dwelling of the owner or keeper or outside the properly locked enclosure and not muzzled and under physical restraint by a responsible person; or

4. Animal control authorities have reason to believe the animal has inflicted a severe injury to another person without provocation while the animal was off the premises of the owner or keeper after identification of the animal by the victim.

B. The animal shall remain in the custody of the animal welfare division until such time as a hearing is held in Municipal Court. If the address of the owner or keeper is known, the animal welfare division will provide the owner or keeper of the animal notice of the date and time for hearing by either regular mail, personal service, or posting the same at their residence. If the address of the owner or keeper cannot readily be determined, the animal welfare division will certify these facts to the court prior to the hearing and the hearing may proceed.

C. If the court finds that the circumstances leading to confiscation existed or occurred, the judge shall order that the animal be destroyed immediately or require that the owners or keepers comply with the provisions of this article within eight (8) working days of the judgment. The judge may additionally order that the owner or keeper comply with other preventative measures including, but not limited to, those set out in Article 5-6. The animal will be held at the animal shelter until such time as the owners or keepers reach compliance. Should the owners or keepers fail to comply by the designated date, the owners or keepers, after paying a fee as stipulated in the fee schedule, shall relinquish ownership or custody of the animal to the animal welfare division and said animal shall be destroyed.

Article 5-6 - PREVENTION OF ANIMAL ATTACK/BITES

A. Circumstances Requiring Special Preventive Measures. When the animal welfare division deems that preventive measures are appropriate, the division shall have the authority to require the person owning or having possession, charge, custody or control of an animal to comply with specific preventive measures, as described below in subsection C, after taking into consideration the following circumstances:

1. Nature of the particular animal. The behavior, size, temperament, breed, capacity for inflicting serious injury, the number of animals or other such similar factors which would be relevant to a determination of whether or not additional preventive measures need to be imposed for a particular situation;

2. Adequacy of confinement. The adequacy of the enclosure or confinement and any instances of the animal running at large; and

3. Immediate surrounding area. The likelihood that the conditions pertaining to the particular animal and the animal's confinement are detrimental to the safety or welfare of citizens or the peace and tranquility of citizens in the immediate surrounding area.

B. Additional Factors. In considering whether to order a special preventive measure, the division is authorized to consider additional factors as aggravating circumstances that might warrant the ordering of special preventive measures, including, but not limited to:

1. Child under thirteen (13) years of age. There is a child under the age of thirteen (13) who lives in close proximity to the animal, or children walk by or are otherwise in close proximity to the property occupied by the animal;

2. Bite. The animal has bitten a human being or domestic animal without provocation;

3. Dog trained for fighting or attack. The dog has been trained for fighting or attack; provided, however, this provision shall not apply to current or retired police dogs trained to attack;

4. Attitude of attack incident. The animal, without provocation, has approached a person in an apparent attitude of attack; and

5. Reputation of animal. The individual animal has a known propensity, reputation, or tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals.

C. Preventive Measures. If the animal welfare division determines that the circumstances require special preventive measures, the division shall have the authority to require appropriate, specific preventive measures which shall include, but are not limited to, the following: requiring the construction or repair of a proper enclosure, fence, or any other similar device that would provide greater assurance for the confinement of the animal, all of which are subject to being specifically approved for their adequacy by the division. The division shall have the authority to establish the fencing and/or enclosure requirements on a case-by-case basis. When the division deems that preventive measures are appropriate, the division shall have the authority to require the animal's owner or person having possession, charge, custody or control of the animal to install a microchip implant in the animal and cause the animal to be spayed or neutered at the owner's or keeper's expense and order the dog be muzzled any time the dog is outside of the enclosure or residence. The division shall have the authority to require the animal's owner or keeper to procure liability insurance in the amount of at least one million dollars ($1,000,000.00) at the owner's or keeper's expense for the benefit of any person who suffers damages, injury, or death caused by the animal, and to display a sign on the premises warning of the animal on the premises, for as long as the animal remains in the city. The division shall have the authority to require the owner or keeper to provide written proof of the liability insurance and to require the owner or keeper to have the insurer notify the division of any change in the insurance coverage or policy. The animal's owner or keeper shall have the duty to immediately notify the animal welfare division if the animal escapes. The division shall have the authority to seize and impound the animal if the owner or keeper fails to comply with any provision of this section or specific preventive measures required by the division under the authority hereof.

D. Written Order. In order to protect the public's safety and welfare, if the animal welfare division determines that specific preventive measures should be implemented by the animal's owner or keeper, the division shall promptly issue a written order directed to the owner or keeper, stating the reasons why preventive measures are required, describing the specific preventive measures that must be implemented and designating the time period during which the owner is to comply with the written order. The division shall have the authority to exercise discretion in providing for extensions of time for the owner's or keeper's compliance if the division deems an extension to be reasonable in view of the owner's or keeper's good-faith progress in implementing the preventive measures.

E. Failure to Comply with Written Order. It shall be unlawful for the animal's owner or keeper to fail to comply with a written order from the division within the designated time for compliance stated in the order or any extension thereof. Any person convicted of violating the order shall be punished by a fine of not less Five Hundred Dollars ($500.00).

F. Seizure and Disposition of Animal. In addition to any other authority or procedure authorized by this chapter or any other ordinance or law to seize an animal, the animal welfare division shall have the authority to summarily seize any animal other than inside a residence when the division determines that the animal in the surrounding circumstances is imminently dangerous to the public safety and to seize an animal at any other time when so authorized by this chapter. The written order issued pursuant to paragraph D shall explicitly state that the animal welfare division has the authority to terminate ownership rights to the animal, including the possible humane destruction of the animal, if there is a failure to comply with the written order. If the animal welfare division presents an animal's owner or keeper with a written order or a court order to seize the animal, it shall be unlawful for the owner or keeper to fail to comply with the order or to interfere with the animal welfare officer. The animal's owner or keeper shall be entitled to redeem the animal from the animal welfare division within eight (8) days of the date of the animal's seizure (unless the division retains the animal upon some other basis of legal authority) by paying all applicable fees and any other costs authorized to be collected by this chapter that are attributable to the animal and by complying with any outstanding animal welfare division order and court order.If an animal's owner or keeper fails to comply with the requirements that constituted the basis for seizing the animal or fails to reclaim the animal within eight (8) days of its seizure, the animal welfare division shall have the authority to humanely destroy the animal or place the animal for adoption by the public if appropriate under the circumstances, all in accordance with this chapter.