[Code 2005 § 14-146]
It is the purpose of this division to provide additional and
cumulative remedies to control dangerous and potentially dangerous
dogs in the City. Nothing in this division shall be construed to abridge
or alter rights of action or remedies of victims.
[Code 1974 § 3-20; Code 1985 § 5-43;
Code 2005 § 14-147]
A.
It is unlawful for an owner to have a dangerous dog in the City without
a certificate of registration issued under this section. This section
shall not apply to dogs used by law enforcement officials for police
work.
B.
The animal control authority, when an owner has a dangerous dog in
the City, shall issue a certificate of registration to the owner of
such animal if the owner presents to the City sufficient evidence
of:
(1)
A proper enclosure to confine a dangerous dog and the posting of
the premises with a clearly visible warning sign that there is a dangerous
dog on the property. In addition, the owner shall conspicuously display
a sign with a warning symbol that informs children of the presence
of a dangerous dog; and
(2)
A policy of liability insurance, such as homeowner's insurance,
or surety bond, issued by an insurer qualified under 36 O.S. in the
amount of not less than $50,000 insuring the owner for any personal
injuries inflicted by the dangerous dog.
C.
If an owner has the dangerous dog in an incorporated area that is
serviced by both a City and county animal control authority, the owner
shall obtain a certificate of registration from the City authority.
D.
The owner shall pay an annual fee of $10, in addition to regular
dog licensing fees, to register each dangerous dog. Fees shall be
retained by the City.
[Code 2005 § 14-148]
A.
It is unlawful for an owner of a dangerous dog to permit the dog
to be outside the proper enclosure unless the dog is muzzled and restrained
by a substantial chain or leash and under physical restraining of
a responsible person over 16 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.
B.
Dogs shall not be declared 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 was tormenting, abusing, or assaulting the dog or has,
in the past, been observed or reported to have tormented, abused,
or assaulted the dog or was committing or attempting to commit a crime.
[Code 1974 § 3-20; Code 1985 § 5-43;
Code 2005 § 14-149]
A.
Any dangerous dog shall be immediately confiscated by an animal control
authority if:
(2)
The owner does not secure the liability insurance coverage or surety bond required under section § 4-38;
(3)
The dog is not maintained in the proper enclosure; and
(4)
The dog is outside of the dwelling of the owner, or outside the proper
enclosure and not under physical restraint of the responsible person.
B.
In addition, the owner shall be punishable by the imposition of a
fine not to exceed $200. Any such fine, at the discretion of the court,
may be offset by payments made by the dog owner to any victim of an
attack by the dog. However, insurance payments may not be considered
as an offset.
