The following words and phrases, when used in this chapter,
shall, for the purposes of this chapter, have the meanings respectively
ascribed to them in this section, except where the context otherwise
requires:
The voluntary relinquishment of an animal with no intention
to retain possession, and shall include but shall not be limited to,
vacating a premises and leaving the animal in or at the premises,
failing to feed the animal or allowing it to stray or wander onto
private or public property with the intention of surrendering ownership
or custody over said animal.
A natural or artificial shelter appropriate to the local
climatic conditions for the species concerned shall be provided for
all animals kept outdoors to afford them protection from the elements
and to prevent discomfort of such animals. When sunlight is likely
to cause overheating or discomfort of the animals, sufficient shade
by natural or artificial means shall be provided to allow all animals
kept outdoors to protect themselves from direct sunlight. A suitable
method of drainage shall comply with applicable federal, state, and
local laws and regulations relating to pollution control or the protection
of the environment. Every person having custody of animals that are
kept outdoors or in an unheated enclosure shall provide such animals
with the following minimum standards of shelter:
The shelter for small animals or pets shall include a moisture-proof
and wind-proof structure of suitable size to accommodate the animal
and allow retention of body heat and shall be made of durable material
with a solid floor raised at least two inches from the ground. The
opening shall face away from the prevailing winds or be covered by
a flexible windproof material or a self-closing swinging door.
The shelter for livestock shall be at least a three-sided, roofed
structure made of durable material. The opening shall face away from
the prevailing weather.
Facilities shall be sufficiently regulated by heating or cooling
to protect the animals from extreme temperature, to provide for their
health, and to prevent their discomfort. The ambient temperature shall
not be allowed to fall below or rise above temperatures compatible
with the health and comfort of the animal. Facilities shall be adequately
ventilated by natural or mechanical means to provide for the health
and to prevent the discomfort of the animal at all times.
Any animal that bears a disposition to attack persons or
animals it may meet, as well as a natural fierceness or disposition
to mischief. This type of disposition may occasionally lead the animal
to attack humans or other animals without provocation.
Any live, vertebrate creature, whether domestic or wild.
An animal center or animal shelter, maintained by or under
contract with any state, county, or municipality whose mission and
practice is, in whole or significant part, the rescue of animals in
permanent homes or rescue organizations.
An Animal Control Officer is under the control of the Chief
of Police and is any person designated by the City as qualified and
who has authority to perform such duties listed under this chapter
or the laws of this state, and given the responsibility for the operation
of the animal shelter and welfare of animals.
A nonprofit organization incorporated under the laws of the
state and which has tax-exempt status under the laws of the United
States Internal Revenue Code, whose principal purpose is the prevention
of cruelty to animals and whose principal activity is to rescue sick,
injured, abused, neglected, unwanted, abandoned, orphaned, lost, or
displaced animals and to adopt them to good homes. "Animal rescue
organization" shall not include any entity that breeds animals or
sells, offers to sell, or allows brokers for animals at the facility.
Any facility operated by a humane society or municipal agency
or its authorized agents for the purpose of impounding or caring for
animals held under the authority of this chapter or state law.
Within a radius of 10 feet of the owner and obedient to the
owner's commands.
A phrase indicating that an animal is:
A group of domesticated animals presumably related by descent
from common ancestors and visibly similar in most characteristics.
For the purpose of this section, a breed is considered a particular
strain of animal that was purposefully bred by humans to perform specific
tasks. When attempting to determine the specific breed of an animal
an Animal Control Officer shall use any means readily available, including
but not limited to, certificates of pedigree, published professional
standards, genetic testing, and personal observations. Lacking clear
demonstrative evidence as to the breed of a specific animal the presumption
of breed will be based on the decision of the Animal Control Supervisor
or designee.
Any cat, male or female, and every other animal of feline
species.
The City of El Reno Chief of Police or his designee.
A band, strip, chain, or piece of tack placed around the
neck of an animal, which would take the strain if a load were drawn.
A person or business entity that maintains a minimum of three
female dogs or three female cats for the purpose of breeding and selling
their offspring.
A person that transfers a dog or cat from a breeder for resale
to another person.
Any pet shop, grooming shop, auction or auctions, riding
school or stable, zoological park, circus, performing animal exhibition,
commercial animal breeder, commercial animal broker, keeper, or kennel.
An animal which is securely and physically restrained on
and within the premises of the owner by means of chains, fences, leashes,
ropes, walls, or other devices required to prevent the animal from
leaving those premises.
Any dog that:
Has inflicted severe injury on a human being without provocation
on public or private property;
Has been previously found to be potentially dangerous, the owner
having received notice of such by the animal control authority in
writing and the dog thereafter aggressively bites, attacks, or endangers
the safety of humans; or
Has been previously found to be potentially dangerous, the owner
having received notice of such by the animal control authority in
writing and the dog thereafter kills or severely injures a domestic
animal, dog, or cat.
All domestic animals, including but not limited to dogs,
cats, cattle, bison, hogs, sheep, goats, equine, chickens or other
poultry, and exotic livestock. The term "domestic animal" shall not
include feral cats and feral hogs.
All domestic fowl or poultry, including but not limited to
chickens, turkeys, geese, ducks, quinea fowl and squabs, raised for
the production of meat, eggs, or purely for ornament or show.
An animal that is not indigenous to the continental United
States and which cannot normally be found in the wild as recognized
by state and federal game and fish departments.
A commercial establishment where animals are bathed, clipped,
plucked, or otherwise groomed.
Any person who supervises any premises wherein any person
engages in the business of boarding, breeding, buying, letting for
hire, training for a fee, or selling dogs, cats, or other domestic
animals.
May refer to commercial or residential and shall mean:
COMMERCIAL KENNELAny premises wherein any person, firm, corporation, or other like entity engages in boarding, breeding, buying, letting for hire, training, or selling one or more dogs or cats. This includes the boarding of any one or more animals not owned by the residents of the property.
RESIDENTIAL KENNELAny premises where five or more dogs or cats, or combinations of dogs and cats, which are owned by the residents, are kept for a period in excess of 72 hours.
Horses, mules, donkeys, cattle, goats, sheep, or any other
animal of similar size or stature.
Permission required by law or ordinance and issued by a governmental
entity, whether issuance is by the federal government or subdivision
of the federal government, State of Oklahoma, or subdivision of the
State of Oklahoma, or the City of El Reno, including permit, certification,
or any other term used for the granting of permission by a governmental
entity to operate or perform.
A variety of dog having the most dog-bite-related human fatalities
as identified in a twenty-year study by the Centers for Disease Control
and Prevention on dogs involved in fatal human attacks in the United
States.
Any act or omitting to perform a duty, which act or omission
either annoys, injures, or endangers the comfort, repose, health,
or safety of others as defined by the statutes of the state and ordinances
of the City.
Sale, offer for sale, advertise for the sale of, barter,
auction, give away, or otherwise dispose of a dog, cat, domestic livestock,
or other animal.
Any person, firm, or corporation owning, harboring, or keeping
an animal. The occupant of any premises on which a domesticated or
tamed animal remains, or to which it customarily returns for a period
of 10 days or more, shall be deemed to be harboring or keeping the
animal.
Any spectacle, display, act, or event other than circuses,
in which performing animals are used.
Any animal kept for pleasure rather than utility.
Any person, partnership, or corporation, whether operated
separately or in connection with another business enterprise except
for a licensed kennel, that buys, sells, or boards any species of
animal.
Any person who has a physical impairment which severely and
permanently restricts mobility of two or more extremities, or who
is so severely disabled as to be unable to move without the aid of
a wheelchair.
Any dog that is of such a variety, breed, or crossbreed as
determined by the Centers for Disease Control and Prevention as having
the most dog-bite-related fatalities or considered most likely to
kill and seriously maim humans, or any dog that, when unprovoked:
Inflicts bites on a human, either on public or private property;
Kills or severely injures any dog, cat, or other domestic animal,
on public or private property;
Chases or approaches people in a threatening fashion as if to
inflict injury or serious harm; or
Demonstrates aggressive behavior, which requires a person to
take defensive or evasive action to avoid physical contact with the
dog.
An animal that:
Is repeatedly at large;
Damages public or private property;
Is wild or feral;
Is dangerous or potentially dangerous;
Chases or kills any domesticated animals or domesticated birds
or habitually chases motor vehicles or self-propelled vehicles;
Barks, whines, howls, yelps, or emits other noise excessively
or continuously to the detriment of public peace and order.
Any animal which shall have bitten a human being, or which
shall have been bitten by any animal suspected of having rabies or
any infection associated therewith.
A state of being constructed which effectively prevents entry
of rodents and vectors.
Any condition of good order and cleanliness, which precludes
the probability of disease transmission.
The act of exchanging an animal for consideration, adopt
out, barter, auction, trade, lease or otherwise transfer.
Any dog individually trained to the physically handicapped
person's requirements.
Any physical injury that results in broken bones or lacerations
requiring multiple sutures or cosmetic surgery, or any injury that
disfigures personal appearance, disables any member or organ of the
body, or diminishes physical vigor. A disfigurement, which can only
be discovered by close inspection, does not constitute a severe injury.
The animal control shelter where impounded animals are kept
before disposal of the same and includes the actual premises where
such animals are regularly kept or places the City Manager may designate.
Any dog trained to alert a deaf person, or a person whose
hearing is impaired, to intruders or sounds.
Any animal such as rabbits, hares, hamsters, guinea pigs,
chickens, turkeys, guineas, geese, ducks, pigeons, or any other animal
or foul of similar size or stature.
A tie-out, picket, or similar device consisting of a rope,
cable, or chain secured to one or more anchors of sufficient strength
to restrict the animal's range of movement.
One that is not teased, tormented, or abused, and is not
protecting its owner or owner's property from potential criminal
activity.
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis and treatment of diseases, and injuries of
animals.
An animal/bird that is not a domesticated animal and includes
all animal species of wildlife, which can normally be found in the
wild as recognized by state and federal game and fish departments.
