A.
Under the control of the Chief of Police, the Animal Control Supervisor
and Animal Control Officers, for the purposes of enforcing the provisions
of this chapter, possess all the authority of police officers of the
City.
B.
For the purpose of investigating complaints, impounding animals,
and carrying out other actions necessary to enforcing the provisions
of this Code. Animal Control Officers shall have the authority to
enter private property without a warrant when:
C.
The Animal Control Supervisor and Animal Control Officers are specifically
authorized to use whatever means necessary to impound animals in violation
of the provisions of this chapter, including but not limited to the
use of tranquilizer guns.
A.
The Animal Control Supervisor shall supervise all Animal Control
Officers and is responsible for the administration and maintenance
of the shelter.
B.
The Animal Control Supervisor, Animal Control Officers, and other
persons designated by the City Manager shall pick up all animals in
violation of the provisions of this chapter and shall impound them
in the shelter and/or issue citations to the owners of such animals.
C.
The Animal Control Officer may search out and destroy with firearms
or other methods wild, feral, or domesticated dogs running at large
in packs, any animal posing a health risk to humans, and any animals
at large believed to be dangerous or of a breed that has the propensity
and history of attacking other animals or humans. For the purpose
of this section, a "pack" is defined to be three or more dogs.
D.
The Animal Control Supervisor shall impound all animals lawfully
brought to the shelter and shall provide suitable and necessary sustenance
for all animals impounded in the shelter.
E.
The Animal Control Supervisor shall release no impounded animal to
its owner until all impoundment fees, room, and board charges, City
license fees, and any required vaccination deposits are paid in full.
No impounded animal shall be released to the owner until all
of the following requirements have been met:
Owners of impounded animals may retrieve or otherwise obtain the release of their animals from the shelter only after the applicable payment of those fees and charges as set forth in § 135-4 of this chapter.
A.
Except as hereinafter provided, any animal which is impounded by
the City pursuant to the provisions of this chapter or surrendered
to the animal shelter shall be sold, destroyed, or otherwise disposed
of after three working days from the time of its impoundment at the
shelter; provided, however, in the event an animal is taken into custody
by an Animal Control Officer and the animal has been injured or otherwise
disabled, which ordinarily would require the animal's destruction
or treatment by a veterinarian, the Animal Control Supervisor may
order its destruction if the ownership of such animal cannot be determined
within a reasonable period of time. Should such ownership be determined,
the injured or disabled animal shall be promptly delivered over to
such owner.
C.
Notwithstanding any provisions of this chapter, no animal suspected
of being rabid or otherwise diseased shall be destroyed until such
destruction is recommended by the Animal Control Supervisor.
D.
Pursuant to the directions of the City Manager, the manner and method
of disposal or destruction of an animal impounded and held at the
shelter is determined by the Animal Control Supervisor and may include
adoption as a form of disposal.
E.
Animals abandoned to the care of the Animal Shelter or for whom the
court of final jurisdiction has divested ownership and remanded to
the care of the City may be:
(1)
Sold or adopted to the public;
(2)
Transferred to a nonprofit animal shelter, pound, rescue, or society
for the protection of animals, from which the animals so transferred
may be sold or adopted;
(3)
Humanely destroyed if:
(a)
A court of final jurisdiction determines it is in the best interests
of the animal or the health, safety, and welfare of the public;
(b)
The animal is suffering from an injury requiring veterinary
care;
(c)
Where it is apparent the animal is in great distress, is suffering
and/or in such pain where humanity and compassion would dictate putting
an end to such animal's distress;
(d)
The animal is suspected of having an infectious or contagious
disease; or
(e)
To protect the wellbeing of the remainder of the animal population
within the City's care.
F.
For purposes of this section, the judgment of the Animal Control
Officer, exercised in good faith, shall be deemed conclusive as to
whether the animal is diseased or injured to the extent requiring
veterinary care, or is in such distress, suffering, or pain that humanity
and compassion would dictate such euthanasia.
G.
This section shall not apply to any licensed veterinary hospital
or clinic, zoo, ranch, or other place where such animals are adequately
cared for by competent persons with due respect for the public health,
welfare, and safety.
A.
Any animal exposed or believed to have been exposed to rabies shall be confined at the animal control shelter or a veterinarian's facility located in El Reno, Oklahoma, at the owner's expense for a period of 10 days, as may be directed by the Animal Control Supervisor. If the animal is quarantined at the shelter, the owner of the animal will be assessed fees as provided in § 135-4 of this chapter.
B.
In the event such animal is difficult to capture, or ownership cannot be reasonably determined, it shall be destroyed and the Animal Control Supervisor shall follow that procedure outlined in § 135-8 of this chapter.
C.
Should any person refuse to deliver custody of such animal to an
Animal Control Officer or Police Officer, said officers may secure
an order from the Municipal Court, to be served upon such owner, commanding
such owner to deliver custody of such animal to said officer. The
order shall constitute authority to enter any premises for the sole
purpose of enforcing this section and seizing said animal. If an animal
is impounded pursuant to this section, the animal will be held in
quarantine for a minimum of 10 days or until a hearing is conducted
before the Municipal Judge wherein the owner of such animal will have
the opportunity to present evidence as to the vaccination status of
the animal.
D.
No person knowing or believing an animal is rabid or has been exposed
to rabies shall remove or allow to be removed such animal from its
place of observation.
E.
Any person knowing an animal to be rabid or believing it to have
been exposed to rabies shall inform the Animal Control Officer of
that fact. Upon ascertaining an animal to be rabid, the Animal Control
Officer or a Police Officer shall either remove the animal to the
City animal shelter, a veterinary hospital, or summarily destroy it.
A.
Any animal that has contracted rabies shall immediately be destroyed.
B.
Any unvaccinated animal that has been bitten by another animal, which
is known or suspected to be rabid, shall, in the option of the owner:
C.
Any effectively vaccinated animal, which is bitten, by an animal
that is known or suspected to be rabid shall be impounded for not
less than 10 days in a licensed veterinarian's hospital for purposes
of observation. All costs of that impoundment are to be paid by the
owner of the impounded animal.
A.
Should any animal bite, scratch, or inflict by other means an open
wound in a human being, and thereafter die for any reason within 10
days, the owner of that animal must notify the Animal Control Supervisor
and secure an examination of the animal's head by an authorized
agency of the City, county, or state qualified to give such examinations.
B.
The head of the animal shall be delivered to such examining agency
within a period of not more than 12 hours subsequent to its death,
if the death occurs at night; and no more than three hours subsequent
to the death if such occurs between the hours of 5:00 a.m. and 6:00
p.m., and shall be delivered to the agency.
C.
Upon receipt of the examination report, the owner must immediately
transmit the results thereof to the person bitten or, if such person
be a minor, to some relative of that bitten person who has attained
maturity.
D.
A copy of the written examination report shall also be forwarded
to the Animal Control Supervisor.
E.
Should any animal die while impounded at the shelter, the Animal
Control Supervisor shall follow the procedure as set forth in this
section.
All fines and fees shall be set by resolution.
A.
All persons living within the City limits and owning a dog or a cat
shall pay an annual fee for a pet license for each dog or cat over
six months of age. The City license tag must be displayed on the licensed
animal at all times.
B.
Guide dogs, hearing dogs, or police service dogs shall not be charged
a pet license fee.
C.
All persons required to register a dangerous dog shall be charged
an annual fee.
When any complaint is filed in the Municipal Court of the City
alleging that a dangerous or potentially dangerous dog, wild animal,
or exotic animal is possessed in violation of this article, the Chief
of Police or Animal Control Officer may impound the animal from the
person against whom the complaint is filed or any other person having
possession or control of the animal pending the judgment of the court.
If, after notice and a hearing, the court finds the complaint to be
well founded, the court shall, in addition to the imposition of a
fine, order the animal to be either destroyed or otherwise suitably
disposed of. In the event the Municipal Court orders the animal to
be removed from the City, the animal may be tagged with a microchip
to ensure the animal can be positively identified in the future. In
the event of a proper appeal, said animal shall not be disposed of
until the appeal is determined.
Except as otherwise provided in this chapter, any person convicted
of violating the provisions of any section or subsection of this chapter
shall be punished by a fine set by resolution, including costs for
each day upon which a violation continues.
