Animal Control

As an Animal Control Officer, my principle duty is to protect animals from neglect and abuse, to preserve the peace, and to promote the health, safety and welfare of the citizens of the city by enforcing the lows and regulations mandated by the State of Oklahoma and Oklahoma Animal Control Association.

5-6A-1: DEFINITIONS:

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

ANIMAL: Any living creature except human beings and includes, without limiting the generality thereof, mammals, birds, reptiles and fish, except in section 5-6A-6 of this article, where the word "animal" shall mean only mammals when referring specifically to the control of rabies and rabies suspected animals.

ANIMAL WILD BY NATURE: Any animal which is not generally considered to be domesticated or a pet, or which usually is considered by ordinary persons to be dangerous, or an animal which does not live ordinarily with human beings; provided, however, that animals of the deer species, goat species, including antelope, horses or miniature horses, kangaroos, monkeys, pot bellied pigs and emus, shall be exempted from this definition and chapter prohibition.

AT HEEL: A dog is obedient to and under the immediate control and supervision of his owner or his owner's agent at all times.

AT LARGE: Refers to an animal that is not confined on the premises of its owner, or a dog that is not under the control of a person having such dog under leash or at heel; provided, that any animal may follow or be led by any resident or nonresident of the city or traveler through the city while with its owner or keeper; provided, further, this exception shall not apply to a rabid animal.

CAT: Includes felis catus, and any of the family felidae, including the domestic cat, lion, tiger, leopard, jaguar, cougar, wildcat, lynx and cheetah, and includes all such animals over the age of two (2) months.

CHIEF OF POLICE: The duly appointed, qualified or acting chief of police of the city or his authorized representative.

CONFINED ON THE PREMISES: That condition in which an animal is securely and physically confined and restrained on and within the premises of the owner by means of walls or fences or by rope, chain, leash or other device, of such strength and size as to physically prevent such animal from leaving such premises.

DIRECTOR: The director of the Tulsa city-county health department or his authorized representative.

DOG: Includes any dog, bitch and every other animal of canine species of the age of two (2) months or older.

DOMESTIC ANIMAL: Dogs and cats, as well as horses, donkeys, mules, burros, cattle, sheep, goats, swine, rabbits and fowl.

KENNEL PROPRIETOR: Any person who shall keep or harbor more than three (3) dogs or three (3) cats over four (4) months old, who shall be presumed to operate a kennel, whether the same be operated for pleasure or for profit.

MAMMAL: Any of the class mammalia or any subclass thereunder of higher vertebrates, excluding human beings, consisting of all animals that nourish their young with milk secreted by mammary glands and have the skin more or less covered with hair.

NUISANCE: Any animal which scratches or digs into any flower bed, garden tilled soil, vines, shrubbery or small plants and in so doing injures the same; or which habitually prowls around or over any premises, not the property of its owner, to the annoyance of the owner or occupant of such premises; or which overturns any garbage can or other vessel for waste products, or scatters the contents of same; or an animal which chases or kills any domestic animal; or which is permitted to bark, howl, bray or make any other loud or offensive noise common to its species or peculiar to itself so as to disturb the inhabitants of the community.

OWNER: Includes the owner of any dog, cat, animal or domestic animal and also every other person having the care or custody of or harboring, keeping or maintaining any dog, cat, animal or domestic animal, except a kennel proprietor.

RABIES SUSPECTED ANIMAL: Any animal which shall have bitten a human being, or which shall have been bitten by any animal suspected of having rabies.

UNDER LEASH: Includes the condition of a dog being securely held, restrained and confined by his owner, member of family or agent, by means of a strap, chain, rope, cord or other device not exceeding eight feet (8') in length, and in such manner as to prevent the dog from attacking any person.

VICIOUS ANIMAL: Not only an animal of a disposition to attack every person or animal it may meet, but includes as well an animal with a natural fierceness or disposition to mischief, as might occasionally lead it to attack human beings or animals without provocation. (1993 Code § 4-1; amd. Ord. 688, 6-14-1993; Ord. 777, 6-8-1998)

5-6A-8: VICIOUS ANIMALS:

A. Prohibited: It shall be unlawful for any owner within the corporate limits of the city to harbor, keep or have possession of any vicious animal.

B. Seize And Impound; Prosecution: It shall be the duty of the chief of police to seize and impound any animal found by him to be vicious and in such event shall aid in the proceedings instituted in the municipal court against the owner of such animal for the violation of this chapter, including articles A through C. It shall also be his duty, upon being notified properly that charges of harboring a vicious animal are pending against any person in the municipal court, to seize and impound the animal.

C. Disposition Of Animal: If such seized and impounded animal has bitten a human being two (2) or more times before such seizure or impounding, then the animal shall be destroyed. In any other event, if the court shall fail to find that the animal seized and impounded is a vicious animal, then the court shall order and it shall be the duty of the chief of police to cause the surrender and return of the animal to the owner; but in the event that such animal is found by the court to be a vicious animal, the court shall order the chief of police to destroy the vicious animal. (1993 Code § 4-9)

5-6A-5: REPORTING ANIMAL BITES:

A. Required: It shall be the duty of every physician or other medical practitioner to report to the chief of police the names and addresses of persons treated for bites inflicted by animals, together with such information as is pertinent to rabies control. It shall be the duty of any person having the knowledge of an animal bite incident to notify the chief of police of the incident and to provide such information upon request of the director as is pertinent to rabies control.

B. Notification By Chief To Director: The chief of police shall notify the director of all animal bites. (1993 Code § 4-6)

5-6A-6: RABIES SUSPECTED ANIMALS:

A. Confinement And Observation: Any rabies suspected animal shall be securely and separately confined for observation for a period of ten (10) days. The confinement and observation shall be at the city pound or, at the discretion of the owner, the animal may be confined in a veterinary hospital. Boarding kennels shall not be considered as proper confinement facilities. If, upon examination by a veterinarian, the animal has no signs of rabies at the end of the impoundment period, it may be released to the owner or, in case of a stray, it shall be disposed of in accordance with applicable laws. The veterinarian shall make a written report to the chief of police and director of the disposition of the animal in either event. At the end of the ten (10) day period, the chief of police shall notify the person bitten whether such animal exhibited symptoms or indications of rabies, as provided in section 5-6B-2 of this chapter.

B. Diagnosis: If, within the period of impoundment, the animal dies or exhibits symptoms or indications of rabies, it shall be examined by a veterinarian for clinical diagnosis and then properly destroyed by a veterinarian. The suspect's head or the head of any rabies suspected animal which dies shall be submitted to the state health department laboratory for confirmation of diagnosis. In this event, the chief of police shall immediately notify the person bitten of the diagnosis in the same manner as provided for service of notice under section 5-6B-2 of this chapter.

C. Destruction: In the case of an animal known to have been bitten by a rabid animal, the animal bitten by a rabid animal shall be destroyed immediately unless otherwise ordered by the director.

D. Confined In Isolation: If the owner of the animal bitten by a rabid animal is unwilling to destroy the bitten animal, then, at the expense of the owner, the animal shall be confined in isolation in a veterinary hospital for a period of not less than twelve (12) months as specified by the director.

5-6A-7: QUARANTINED ANIMALS:

It shall be the duty of every veterinarian having an animal quarantined for a biting incident to submit a written report to the chief of police in the event the animal shows positive signs of rabies, or dies or is disposed of for any reason. The veterinarian shall report to the chief of police on the tenth day of observation as to the condition of any rabies suspected animal and/or when he had released any such animal quarantined for a biting incident. (1993 Code § 4-8)

5-6A-4: FAILURE TO SURRENDER TO CITY:

It shall be unlawful for any owner within the corporate limits of the city to fail or refuse to deliver to the chief of police, upon demand, any unlicensed dog, vicious animal, animal which is a nuisance, rabies suspected animal, dog found at large or any animal the keeping or harboring of which is an offense. (1993 Code § 4-5)

5-6A-10: NUISANCE ANIMALS:

A. Prohibited: It shall be unlawful for any owner within the corporate limits of the city to harbor, keep or have possession of any animal which is a nuisance.

B. Seize And Impound: It shall be the duty of the chief of police, upon proper notification that any person claiming that an animal is a nuisance has filed a verified complaint, approved by the city attorney or the city prosecutor, alleging that such animal is a nuisance, to seize and impound the animal.

C. Disposition Of Animal; Bond: If the court finds that no nuisance exists, the court shall order said animal or animals to be surrendered to the owner. If the court finds that the nuisance exists, it shall order the animal to be destroyed as in the case of a vicious animal; provided, however, that if the owner of such animal gives a sufficient bond within three (3) days in the sum of one hundred dollars ($100.00), with surety to be approved by the clerk of the municipal court, and conditioned that such owner shall abate and prevent such nuisance, the court shall order the return of the animal to the owner upon payment of the poundage fees specified; provided, that nothing in this section shall be construed to permit any animal to run or be at large except as permitted under section 5-6C-4 of this title; and provided further, that no such animal shall be returned to the owner if it is a vicious animal or in any event unless it is vaccinated, registered and licensed as required by article C of this chapter. (1993 Code § 4-11)

5-6A-11: ABANDONING ANIMALS:

It shall be unlawful for any owner within the corporate limits of the city to abandon or desert any domestic animal or permit any such animal to become a stray. (1993 Code § 4-12)

5-6A-13: CRUELTY PROHIBITED:

It shall be unlawful for any person to wilfully or maliciously overdrive, overload, torture, torment, destroy or kill or cruelly beat or injure, maim or mutilate, any animal in subjugation or captivity, whether wild or tame, and whether belonging to himself or to another, or deprive any such animal of necessary food, drink or shelter; or cause, procure or permit any such animal to be so overdriven, overloaded, tortured, tormented, destroyed or killed, or cruelly beaten or injured, maimed or mutilated, or deprived of necessary food, drink or shelter; or wilfully set on foot, instigate, engage in, or in any way further any act of cruelty to any animal, or any act tending to produce such cruelty. Every person guilty of such offense shall be punished by imprisonment in the city jail for period not exceeding sixty (60) days or by a fine of not more than five hundred dollars ($500.00), excluding costs, fees and assessments, or by both such fine and imprisonment. (Ord. 865, 3-24-2003)

5-6B-2: NOTICE, RECLAIMING, DISPOSAL, FEES:

A. Authority Of Chief Of Police: The chief of police is hereby authorized to impound any animal in violation of this chapter, including articles A through C, or which may be donated to the pound for disposition.

B. Notice: Where sufficient information is known, notice of impoundment shall be given by delivering a notice in person to the owner, by mailing a copy to the owner by certified mail, or by leaving a copy with a member of the owner's family over the age of fifteen (15) years.

C. Held For Rabies: If an animal is being held for rabies observation, the notice of impoundment shall be given to the owner, if known, after the expiration of the ten (10) day observation period.

D. Reclaiming: An animal may be reclaimed within the following times:

1. Within three (3) days after impoundment if the animal is not licensed and the owner is not identifiable.
2. If the owner is known, within three (3) days after the notice set forth in subsection B of this section is served.

E. Circumstances Of Reclaiming: An animal may be reclaimed in the following circumstances:

1. If an animal is not licensed and this chapter, including articles A through C, requires licensing, after the payment of the licensing fees and penalties as set forth in section 5-6C-1 of article C this chapter, and satisfying all other requirements of this chapter, including articles A through C.
2. If the animal is licensed, or if a license is not required by this chapter, including articles A through C, by paying the impounding fees and satisfying all other requirements as set forth in this chapter.
3. If the animal must be vaccinated for rabies before release, the person reclaiming the animal shall pay all fees for the vaccination. (1993 Code § 4-37)

F. Fees: Fees in such amounts as established by resolution of the city council must be paid before an animal may be reclaimed. (1993 Code § 4-37; amd. 2006 Code)

G. Conditions Of Release: No animal shall be released without the payment of the charges listed in subsection F of this section and without satisfactory proof of ownership. The payment of these charges shall not constitute a defense to any prosecution that may be instituted for violations of this chapter, including articles A through C. However, no fees shall be charged for any licensed animal surrendered to the owner on acquittal or dismissal of charges of keeping, possessing, owning or harboring such animal as a nuisance or as a vicious animal.

H. Animals Not Reclaimable: No person shall be entitled to reclaim any animal found to be a nuisance, rabid, rabies suspected or vicious.

I. Disposal Of Unclaimed Animals: Animals that are not reclaimed within the time limits set forth in this section shall be disposed of in the following manner:

1. All licensed animals and animals required to be licensed by article C of this chapter shall be destroyed; provided, that the animals may be reclaimed by paying all fees and charges, and satisfying all other conditions set forth in this chapter, including articles A through C, pursuant to rules established by the chief of police. However, no animal required to be licensed shall be sold unless it first has been spayed or neutered nor shall any animal purchased be used for experimental or research purposes.
2. All animals wild by nature shall be destroyed or donated to a zoo or a museum.
3. All other animals shall be sold at a public sale pursuant to procedures set forth in subsection J of this section or, at the option of the chief of police, the animals may be destroyed or donated to a zoo or a museum.

J. Notice Of Sale: If an animal is to be sold at a public sale pursuant to subsection I3 of this section, the chief of police shall give ten (10) days' notice of the time and place of such sale by posting notices in at least three (3) public places in the city and serving a copy upon the owner, if known. The notices shall be substantially in the following form:

The following animals (describing them) having been taken up and impounded by the city of Bixby, Oklahoma, for violations of the provisions of the ordinances of the city of Bixby will, unless reclaimed within ten days, be sold at public auction for cash to the highest bidder at the pound at the hour of o'clock on the day of , (giving day and date of sale). Dated this day of , .

K. Reclaiming Animal Subject To Sale: The owner can reclaim any animal subject to sale by payment of all fees and charges set forth in this chapter, including articles A through C.

L. Reimbursement Of Veterinarian Fees: In addition to all other fees, the owner of a sick or injured animal impounded by the chief of police shall reimburse the city or a veterinarian for any fees incurred in treating the animal.

M. Destruction Of Animal: The chief of police may destroy any animal if it has been donated to the shelter with the request that it be destroyed or if the animal is so sick or injured that its cure is considered by the chief of police to be impracticable, or if death is imminent, and in any of such events, such destruction may be done immediately without notice or any waiting period. (1993 Code § 4-37)

5-6C-1: REGISTRATION AND LICENSE OF INDIVIDUAL DOGS OR CATS:

A. Required: Every person owning or having in his charge or possession within the corporate limits of the city any dog or cat four (4) months or more of age shall register such dog or cat with the city clerk and pay the license fees; provided, however, that the requirements for payment of a license fee for registration of dogs shall not apply to any dog kept by and on the premises of a kennel proprietor who is licensed by the city, nor shall such requirements for a license fee for registration apply to any dog or cat which may follow or be led by any nonresident or traveler through the city while such dog or cat is with its owner or keeper.

B. Fee; Renewal: The annual license fee for each dog or cat shall be in such amount as established by resolution of the city council, except for those dogs maintained in a licensed kennel as provided under section 5-6C-3 of this article. The license shall expire and must be renewed annually on the last day of that month in which the last valid rabies vaccine was administered as specified under section 5-6C-2 of this article; except, in cases of a three (3) year immunity, the license shall expire and must be renewed annually on the last day of the month in which the vaccine was originally administered.

C. Rabies Vaccine Certificate Required: No dog or cat may be licensed unless the owner submits a certificate as specified under this article that the animal has a currently valid rabies vaccine.

D. Tags: Upon registration there shall be delivered to the owner metallic tags stamped with the license number and the year in which issued. Such tags shall at all times be attached to the collars or harnesses worn by the dog for which the certificate was issued. If such tag is lost or destroyed, the owner shall apply in writing or in person for a new tag by presentation of the applicable registration ticket accompanied by a fee in such amount as established by resolution of the city council.

E. Removal Or Failure To Affix Tag Prohibited: It shall be unlawful for any owner within the corporate limits of the city to remove or fail to affix or attach to collars or harnesses worn by dogs a current license tag, as provided for in subsection D of this section.

F. Exemption From Fee: Dogs trained to guide any blind person and actually used for that purpose or any police dog owned by the police department and utilized for police duties or activities shall be licensed as provided herein but their owners shall be exempt from paying the fee.

G. Records Maintained: The chief of police shall keep a record of licensed tag numbers and to whom issued. Such information shall be furnished to the chief of police by the city clerk. (1993 Code § 4-61; amd. 2006 Code)