The

City of Maud, Oklahoma

PART 4

ANIMAL REGULATIONS

Chapter 1 General Provisions
Chapter 2 Dog Vaccination, Tags and Tax
Chapter 3 Animal Control Shelter
Chapter 4 Cruelty to Animals
Chapter 5 Wild, Exotic, or Dangerous Animals
Chapter 6 Zoning Ordinance to Prevail
Chapter 7 Proclamation of Rabies
Chapter 8 Penalties

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CHAPTER 1

GENERAL PROVISIONS

Section 4-101 Definitions.
Section 4-102 Confinement of certain dogs.
Section 4-103 Impounding animals.
Section 4-104 Turning animals at large unlawful.
Section 4-105 Pasturing in public areas illegal.
Section 4-106 Animals which disturb prohibited, constitute nuisance
Section 4-107 Buildings for animals; construction and conditions.
Section 4-108 Premises to be kept clean.
Section 4-109 Health officer to inspect.
Section 4-110 Office of animal control officer created; powers and duties.
Section 4-111 Leashing animals, when.
Section 4-112 Court proceedings against vicious or dangerous animals.
Section 4-113 Kennels, license required.

SECTION 4-101 DEFINITIONS.

As used in this chapter, the following terms shall have the meanings respectively ascribed to them in this section unless the context clearly requires otherwise.

  1. "Animal control officer" means the person or persons employed by the city as enforcement officer or officers of this chapter, such person or persons to be appointed by the mayor, with consent of the city council;
  2. "At large" means any animal shall be deemed to be at large when it is not under control of a competent person;
  3. "City animal shelter" means the premises operated and maintained by the city, or operated by contract, lease, or other agreement with the city, for the purpose of impounding and caring for animals which are found to be in violation of this chapter;
  4. "City health officer" means the state sanitarian assigned to this county and recognized by the city as the health officer;
  5. “"Control" means that no person shall permit an animal covered by this section to go outside its kennel or pen unless such animal is securely leashed with a leash no longer than six (6) feet in length.  No person shall permit the animal to be kept on a chain, rope or other type of leash off the owners premises unless a person is in physical control of the leash;
  6. "Dangerous animal" means any animal which shows or has shown unprovoked signs of aggression toward people or other animals; or any unlicensed dog or cat; and
  7. "Exposed to rabies" means any dog or cat which has been exposed to rabies within the meaning of this chapter if it has been bitten by or exposed to any animal known to have been infected with rabies.

State Law Reference; Regulation of animals, city powers, 11 O.S. Section 22-115.

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SECTION 4-102 CONFINEMENT OF CERTAIN DOGS.

  1. It is unlawful to own, keep or harbor any vicious animal within the corporate limits of the city, unless the animal is under proper quarantine with a certified veterinarian. Any person, firm, corporation or combination thereof in violation of this section shall be fined in a sum of money not to exceed One Hundred Dollars ($100.00), and each day a vicious animal as herein defined is kept, maintained, or allowed by any person, firm, corporation, or any combination thereof, within the corporate limits shall constitute a separate offense.
  2. The owner, keeper or harborer of a dangerous animal shall confine that animal within a building or secure enclosure (at least six (6) feet in height, embedded into the ground no less than one foot, that is both child proof from the outside and animal proof from the inside), and shall not take such animal out of the building or enclosure unless the animal is securely muzzled. A sign stating "dangerous animal" or "beware of dog" shall be affixed to every building or secure enclosure which houses a dangerous animal. Any owner, keeper or harborer violating the provisions of this chapter, upon conviction of keeping or harboring a dangerous animal thereof, shall acquire a One Hundred Dollar ($100.00) permit per animal and the owner must show proof of a Fifty Thousand Dollar ($50,000.00) bond and confine the animal as required under this chapter.
  3. Any fierce, dangerous or vicious animal running at large may be immediately killed by either the animal control officer or the city police department in the event exigent circumstances will not allow for the safe impoundment of the animal. An ex parte order of the municipal court may also be obtained by the city providing for either impoundment, removal or disposal of any fierce, dangerous or vicious animal found running at large.
  4. Every female animal in estrus (heat) shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such manner that the female animal cannot come in contact with a male animal except for breeding purposes, in which event, such animals shall be in some enclosed place entirely out of public view.
  5. The owner, keeper or harborer shall keep his dog under control at all times and shall not permit the dog to be at large or off the property or premises of the owner, keeper or harborer unless under the control of a competent person. The provisions contained in this section shall apply within and upon all properties within the corporate limits of the city.
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SECTION 4-103 IMPOUNDING ANIMALS.

  1. The animal control officer, or any other city officer or employee shall catch, or take up, and impound in the city pound any animal which is at large within the city or in violation of this code. When an animal is so impounded, it shall be humanely kept and treated, and may be redeemed and disposed of, as other impounded animals are kept, treated, and redeemed or disposed of. A description of the animal shall be kept and if the owner is known, the city shall attempt to notify the owner of the impoundment orally or in writing.
  2. In any prosecution charging a violation of any part of this section proof that the animal described in the complaint was at large as defined herein and that the defendant named in the complaint was the owner of the animal shall constitute in evidence a prima facie presumption that the owner permitted his animal to be at large in violation of this chapter.

State Law Reference; State law on disposal of animals, applicable to cities over 10,000, 4 O.S. Sections 501 to 508.

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SECTION 4-104 TURNING ANIMALS AT LARGE UNLAWFUL.

It is unlawful for any person to open any enclosure in which any animal is confined as required by ordinance so as to turn the animal at large or in any manner to turn the animal at large.

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SECTION 4-105 PASTURING IN PUBLIC AREAS ILLEGAL.

It is unlawful for any person to stake, confine or pasture any animal on any public school ground or other public property, federal, state, city or other, on any railroad right-of-way, or on any private property without the consent of the person owning or controlling such property.

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SECTION 4-106 ANIMALS WHICH DISTURB PROHIBITED, CONSTITUTE NUISANCE.

  1. The following conditions are hereby declared to be a nuisance;
    1. Any animal or fowl which, by barking, howling or otherwise, disturbs the peace and quiet of any person;
    2. Any animal or fowl which goes into any garbage can or other waste vessel, or turns the same over or scatters the contents of the same on the ground; and
    3. Any animal or fowl which chases cars, motorcycles, bicycles or any other motor vehicle or intimidates joggers, pedestrians or children.
  2. Any dog or other animal alleged to be a nuisance, as defined in this section, may be proceeded against in the municipal court after a complaint has been duly filed therein by any person having knowledge thereof, and if the court shall find that such dog or other animal is a nuisance, then the court may order the owner or person in possession to prevent and abate such nuisance, or the court may order such dog or animal impounded and the owner or person in possession may have the dog or other animal returned upon paying all costs of impounding and giving good and sufficient bond, in the sum as set by the city, conditioned that he will prevent and abate such nuisance. Thirty (30) days thereafter, such owner or person in possession may present to the court evidence that the nuisance has been abated and prevented and the court may, upon such hearing, order the bond returned.

Cross References Nuisances generally, Sections 8-301 et seq.

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SECTION 4-107 BUILDINGS FOR ANIMALS; CONSTRUCTION AND CONDITIONS.

  1. Every place or building wherein any animal is kept within the city shall be constructed of such material and in such manner that it can be kept clean and sanitary at all times.
  2. Every such building housing any livestock or fur-bearing animals, including but not limited to any horse, mule, donkey, cow, goat or sheep, if located within two hundred (200) feet of any apartment house, hotel, restaurant, boarding house, retail food store, building used for educational, religious, or hospital purposes or residence other than that occupied by the owner or occupant of the premises upon which such animal is kept, shall be provided with a water-tight and fly-tight receptacle for manure, of such size as to hold all accumulations of manure. The receptacle shall be emptied sufficiently often and in such manner as to prevent it from being or becoming a nuisance, and shall be kept covered at all times except when open during the deposit or removal of manure or refuse. No manure shall be allowed to accumulate on such premises except in the receptacle.
  3. No dog kennel, chicken coop, dovecote, rabbit warren, yard or other establishment wherein animals are kept shall be maintained closer than forty (40) feet to any apartment house, hotel, restaurant, boardinghouse, retail food store, building used for educational, religious or hospital purposes or residence other than that occupied by the owner or occupant of the premises upon which such animal is kept.

Cross References: Certain stables and other animal enclosures declared to be public nuisances, Section 8-307(20).

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SECTION 4-108 PREMISES TO BE KEPT CLEAN.

Every structure wherein an animal is kept or permitted to be kept shall be maintained in a clean and sanitary condition, devoid of rodents and vermin and free from objectionable odors.

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SECTION 4-109 HEALTH OFFICER TO INSPECT.

The health officer, upon complaint of any person, shall inspect any structure or place where an animal is kept, and may do so on his own initiative. He may issue any such reasonable order as he may deem necessary to the owner of the animal to cause the animal to be kept as provided in this chapter or in a manner so as not to constitute a nuisance. He may make a complaint before the municipal judge against any person for violation of any provision of this chapter or of any such reasonable order, but this procedure shall not abridge the right of others to make such complaint.

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SECTION 4-110 OFFICE OF ANIMAL CONTROL OFFICER CREATED; POWERS AND DUTIES.

The office of animal control officer is hereby created. The animal control officer shall be responsible for the enforcement of this chapter and is hereby authorized to file complaints in the municipal court for violations of this chapter,

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SECTION 4-111 LEASHING ANIMALS, WHEN.

When requested by any proper official, meter reader, police officer, sanitation worker, or other person whose duty is to enter onto private property, an owner shall leash or otherwise confine any and all dogs to prevent harm to the person making a lawful entry on owner's private property.

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SECTION 4-112 COURT PROCEEDINGS AGAINST VICIOUS OR DANGEROUS ANIMALS.

Any dog or other animal alleged to be vicious or dangerous may be proceeded against in the municipal court, after a complaint has been duly filed therein by any person having knowledge thereof. If the court shall find that, at such times:

  1. The dog or other animal has attacked a person, and:
    1. The person so attacked was not at the time trespassing upon the property of the owner or person having control of such dog or other animal; or
    2. It cannot be proved beyond a reasonable doubt that the person so attacked was provoking or teasing such dog or other animal; or
  2. The dog or other animal is of such vicious and fierce disposition as to attack human beings without provocation, then the court shall have the authority to order such dog or other animal kept muzzled or that such dog or other animal be kept within a sufficient enclosure. If such dog or other animal has bitten or attacked a human being on other occasions, the court may order that it be delivered to the animal control officer and destroyed by him.

Cross Reference; Municipal court. Section 6-101 of this code.

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SECTION 4-113 KENNELS, LICENSE REQUIRED.

  1. The keeping of either;
    1. Five (5) or more dogs; or
    2. Five (5) or more cats,
    is defined as a "kennel."

  2. The owner or occupant of any premises, whether operated for pleasure or profit as a kennel, shall be licensed annually by the city for a fee and on such terms as are established by the city council.
  3. Veterinary hospitals are excluded from this section.
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CHAPTER 2

DOG VACCINATION, TAGS AND TAX

Section 4-201 Dogs to be vaccinated.
Section 4-202 Dog registration; tag.
Section 4-203 Tag to be placed on collar; lost tags.

SECTION 4-201 DOGS TO BE VACCINATED.

The owner of a dog shall have the dog vaccinated against rabies by a veterinarian every calendar year before the first day of June thereof, or, in the case of a pup, before it is six (6) months old. The person vaccinating the dog shall furnish a certificate or statement of vaccination.

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SECTION 4-202 DOG REGISTRATION; TAG.

  1. A fee in such sum as set by the council by motion or resolution for every dog more than six (6) months of age is hereby levied upon the owner of any such dog kept or harbored within the city.
  2. The regulatory fee levied in this section shall not apply to a dog only temporarily brought and kept within the city, nor to a dog brought within the city to participate in a dog show, nor to a "seeing eye" dog when such dog is actually being used by a blind person to aid him in going from place to place, nor to dogs being kept in kennels or pet shops for sale.
  3. The owner shall pay the fee levied to the city clerk-treasurer for every calendar year within thirty (30) days after acquiring or bringing the dog into the city. The licenses shall expire one year from the date the license was last issued and shall not be issued for less than one year. All dog registration licenses shall expire March 1st of each year.
  4. The person offering the fee shall present to the city the certificate of a veterinarian or other person legally authorized to immunize dogs, showing that the dog has been immunized against rabies during the preceding six (6) months prior to issuance of the license.
  5. The owner of the dog shall, at the time of paying the fee, register the dog by giving the name and address of the owner, the name, breed, color and sex of the dog, and such other reasonable information as the city may request.
  6. The city thereupon shall deliver an original receipt to the owner and also an appropriate tag to him for the dog. The tag shall constitute a license for the dog.
  7. Dog tags are not transferable from one dog to another. No refunds shall be made on any dog license fee because of death of the dog or the owner's leaving the city before the expiration of the license period.
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SECTION 4-203 TAG TO BE PLACED ON DOG COLLAR; LOST TAGS.

  1. The owner shall cause the tag received from the city to be affixed to the collar of the dog so that the tag can easily be seen by officers of the city. The owner shall see that the tag is so worn by the dog at all times.
  2. In case the tag is lost before the end of the year for which it was issued, the owner may secure another for the dog by applying to the city clerk-treasurer, presenting to him the original receipt, and paying to him a fee as set by the city council.
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CHAPTER 3

ANIMAL CONTROL SHELTER

Section 4-301 Shelter established.
Section 4-302 Animals to be impounded.
Section 4-303 Breaking animal control shelter.
Section 4-304 Fees for impounding.
Section 4-305 Owner may redeem.
Section 4-306 Destruction of impounded animals.
Section 4-307 Owner may claim excess money.

SECTION 4-301 SHELTER ESTABLISHED; FEEDING ANIMALS.

A city animal control shelter is hereby established under the jurisdiction of the animal control officer or of such other person as may be officially designated. The person in charge of the animal control shelter shall provide proper sustenance for all animals impounded and shall treat them in a humane manner,

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SECTION 4-302 ANIMALS TO BE IMPOUNDED.

  1. The animal control officer, a police officer, or such other officer or employee of the city;
    1. Shall take into custody and impound any animal running at large in violation of any provision of the ordinances of the city; and
    2. May enter upon the premises of the owner or other private premises to take such animal into custody.
  2. Any other person may take such animal into custody and present it to the authority in charge of the animal control shelter for impounding.
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SECTION 4-303 BREAKING ANIMAL CONTROL SHELTER.

No unauthorized person shall

  1. Break or attempt to break open the animal control shelter, or take or let out any animal therefrom;
  2. Take or attempt to take from any officer or employee of the city any animal taken into custody as provided by this chapter; or
  3. In any manner interfere with or hinder an officer or employee in the discharge of his duties relating to the taking into custody and impounding of animals as provided in this chapter.
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SECTION 4-304 FEES FOR IMPOUNDING.

  1. A fee per animal per day will be charged for each animal impounded. In computing the fee, a fraction of a day during which an animal has been impounded shall be charged as a full day.
  2. Any person redeeming an impounded animal shall pay the required fees to the city clerk-treasurer and present his receipt therefor to the person in charge of the control shelter before the latter releases the animal.
  3. Any person redeeming a dog not licensed as required by Sections 4-201 through 4-203 of this code shall pay the required license tax to the city clerk-treasurer and secure a tag and present the receipt therefor and the tag to the person in charge of the control shelter before the latter releases the dog. If a dog has been licensed but is not wearing the tag, the person in charge of the control shelter shall require adequate evidence of the proper licensing of the dog or cat before releasing it.
  4. The City shall receive the following costs that shall be assessed for each animal the City seizes or seizes and impounds in an amount no less than $20.00 per animal seized.
  5. The City shall receive the following costs that shall be assessed for each animal the City seizes and impounds in an amount no less than $35.00 per day for each animal seized and impounded by the City.
  6. The City shall receive the following costs that shall be assessed for any animal that must be tranquilized by the use of a tranquilizer dart when the animal was seized or impounded in an amount no less than $30.00 for each tranquilizer dart used by the City.
  7. That said costs assessed herein shall be in addition to any fines or penalties imposed by the court; said costs shall be paid before any such animal is released to the owner.
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SECTION 4-305 OWNER MAY REDEEM.

An owner of an impounded animal or his agent may redeem the animal, prior to its sale or destruction as provided for herein, by paying the required fees against the animal and meeting any other requirements which may be prescribed in this chapter. However, when in the judgment of the animal control officer, an animal should be destroyed for humane reasons, such animal may not be redeemed.

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SECTION 4-306 DESTRUCTION OF IMPOUNDED ANIMALS.

  1. As soon as practicable after any animal has been impounded, the animal control officer or other employee or officer impounding the animal, shall post a notice thereof at the police office or animal control shelter of the city. The notice shall describe the animal and direct the owner to pay the charges thereon and remove the same prior to a designated time. The notice shall also state that, unless the animal is redeemed, the animal will be sold or destroyed as provided in this chapter.
  2. Except as otherwise provided in this chapter, an impounded animal shall be held for a minimum of forty-eight (48) hours during which time it may be redeemed pursuant to this chapter. No animal may be destroyed or sold until after this period.
  3. Sales herein provided for shall be for cash and shall be conducted by, or under the direction of the chief of police. In no case shall the price of an animal be less than the fees, set out in this chapter, which have accrued against the animal. If an impounded animal cannot be sold, the animal shall be destroyed, in a humane manner, or otherwise disposed of in a legal manner.
  4. The purchaser of an animal at a sale held as provided herein shall acquire absolute title to the animal purchased.
  5. The animal control officer shall pay to the city clerk-treasurer all money received from the sale of impounded animals on the day it is received or on the next day upon which the office of the city clerk-treasurer is open for business.

State Law Reference; Authorized means of destroying animals in animal shelters; 4 O.S. Sections 501 to 508.

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SECTION 4-307 OWNER MAY CLAIM EXCESS MONEY.

The owner of an impounded animal sold as provided herein may claim the excess of the sale price of the animal above the fees for impounding and keeping the same and a fee of Five Dollars ($5.00) to reimburse the city for any expense it has had in making the sale, at any time within three (3) months after the sale. If a claim is so made and approved by the council, the city clerk-treasurer shall pay him such excess. If a claim is not made, the excess shall belong to the city.

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CHAPTER 4

CRUELTY TO ANIMALS

Section 4-401 Cruelty to Animals
Section 4-402 Poisoning Animals
Section 4-403 Encouraging Animals to Fight

4-401 CRUELTY TO ANIMALS.

  1. It is unlawful for any person willfully and maliciously to pour on, or apply to an animal, any drug or other thing which inflicts pain on the animal; or knowingly to treat an animal in a cruel or inhumane manner; or knowingly to neglect an animal belonging to him or in his custody in a cruel or inhumane manner.
  2. The premises on or in which any animals are kept shall be subject to inspection by the health officer or any of his representatives, at any reasonable hour of the day, for the purpose of enforcing this chapter.
  3. Any police officer or animal control officer may enter the premises where any animal is kept in a reportedly cruel or inhumane manner and demand to examine such animal and take possession of such animal when, in his opinion, it requires humane treatment.

State Law References Cruelty to animals, 21 O.S. Section 1685.

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SECTION 4-402 POISONING ANIMALS.

It is unlawful for a person willfully to poison any dog or other animal except a noxious, non-domesticated animal or knowingly to expose poison so that the same may be taken by such an animal.

State Law Reference; Similar provisions, 21 O.S. Section 1681.

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SECTION 4-403 ENCOURAGING ANIMALS TO FIGHT.

It is unlawful for any person to instigate or encourage a fight between animals; or to encourage one animal to attack, pursue or annoy another animal except a noxious, non-domesticated animal or to keep a house, pit or other place used for fights between animals.

State Law Reference; Similar provisions, 21 O.S. Section 1682.

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CHAPTER 5

WILD, EXOTIC OR DANGEROUS ANIMALS

Section 4-501 Keeping of wild, exotic, or dangerous animals.

SECTION 4-501 KEEPING OF WILD, EXOTIC OR DANGEROUS ANIMALS.

  1. For the purpose of this section, a wild, exotic or dangerous animal means an animal of the larger variety which is usually not a domestic animal and which can normally be found in the wild state, with or  without mean or vicious propensities, including, but not limited to, lions, tigers, leopards, panthers, bears, wolves, alligators, crocodiles, apes, foxes, elephants, rhinoceroses, and all forms of poisonous or large snakes, including those considered dangerous such as boas and pythons, lynxes, raccoons, skunks, monkeys, and other like animals.
  2. It is unlawful to keep or harbor any wild, exotic or dangerous animal in the city limits as a pet or for display or for exhibition purposes, whether gratuitously or for a fee, except as provided in this section.
  3. This section shall not be construed to apply to zoological parks or zoos, performing animal exhibitions or circuses licensed by the city.
  4. If the owner of a wild, exotic or dangerous animal can establish to the police department's satisfaction that an animal ordinarily considered as wild, dangerous or exotic is not dangerous to people or other animals and that the animal is healthy, safe and tame as a pet, then the city clerk-treasurer may issue a permit to the owner to keep such animal in the city limits. The permit shall be renewed annually. The fee shall be set by the city council. For any animal so permitted as provided in this subsection, the owner agrees to accept full responsibility for the actions and behavior of such animal. The establishment of whether such animal is healthy, safe and tame as a pet shall be the responsibility of the owner of the animal by submitting written evidence to the police department. No permit shall be granted by the clerk-treasurer unless written approval to the evidence submitted by the owner is submitted to the clerk-treasurer in advance.
  5. The city may issue temporary permits for keeping, care and protection of an infant animal native to this area which has been deemed to be homeless. The city shall have the power to release or order the release of any infant wild animal kept under temporary permit which is deemed capable of survival.
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CHAPTER 6

ZONING ORDINANCE TO PREVAIL

Section 4-601 Zoning ordinance to prevail.

SECTION 4-601 ZONING ORDINANCE TO PREVAIL.

In case of conflict between this chapter and the present or any future zoning ordinance, the provision of the zoning ordinance shall prevail and supersede the provision of this chapter.

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CHAPTER 7

PROCLAMATION OF RABIES

Section 4-701 Dogs and cats confined; when.
Section 4-702 Quarantine of animals for observation.
Section 4-703 Securing support information on diagnosed animals.
Section 4-704 Rabies crisis declaration.
Section 4-705 Destruction of animals under crisis period.
Section 4-706 Surrender of animals under suspect.

SECTION 4-701 DOGS AND CATS CONFINED; WHEN.

  1. When the health officer or chief of police determines and certifies that a dog, a cat, or other animal in the city or within five (5) miles of the city is or was infected with rabies and that an epidemic of rabies threatens the city, the council, by resolution, may order all dogs to be confined, and if deemed desirable, all cats to be confined, during a period of time to be determined by the council. Such resolution or an adequate notice of its passage shall be published in a newspaper of general circulation within the city and shall go into effect on the day following such publication unless the resolution prescribes a later time;
  2. While such resolution is in effect, it is unlawful for any owner to permit a dog or cat to be at large in violation thereof.
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SECTION 4-702 QUARANTINE OF ANIMALS FOR OBSERVATION.

  1. The identity and address of the owner of any animal that bites a person shall be promptly furnished to the animal control officer and the county health department. The animal, regardless of its immunization status, shall be securely quarantined at a veterinary hospital of the owner's choice at the owner's expense. The animal shall be observed by a licensed veterinarian for a period of ten (10) days, and may not be released until such reasonable determination has been made that the animal is not infected with rabies, unless the bite was a severe bite by an unimmunized animal. In circumstances of a severe bite (bite on the head, face, neck or upper extremities; or deep lacerations or multiple bite wounds) by an unimmunized animal, the biting animal should be humanely killed immediately, without damaging the head, and the head removed and shipped, under refrigeration, for examination at the Oklahoma State Department of Health. If the animal is not immediately available for testing, the individuals exposed should consult with their physician concerning the need for immediate initiation for rabies prophylaxis. In case of animals whose ownership is unknown, such quarantine shall be at the city animal shelter. If an owner becomes known, the animal may be reclaimed by the owner if adjudged free of rabies, and such owner shall then pay any related charges for confinement. Signs of rabies in wild animals cannot be interpreted reliably; therefore, any wild animal that exposes a person should be killed at once (without unnecessary damage to the head) and the head submitted for examination for evidence of rabies.
  2. It is the duty of every physician, veterinarian or other practitioner to report to the animal control officer the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control.
  3. It is the duty of every licensed veterinarian to report to the animal control officer his diagnosis of any animal observed by him to be a rabid suspect.
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SECTION 4-703 SECURING SUPPORT INFORMATION ON DIAGNOSED ANIMALS.

When an animal under quarantine has been diagnosed as being rabid or is suspected of having rabies by a licensed veterinarian and dies while under such observation, the animal control officer, veterinarian, the city health officer, or other designated emissary shall immediately send the necessary part of such animal to the State Health Department for pathological examination and shall notify the proper public health officer of any reports of human contact.

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Section 4-704 RABIES CRISIS DECLARATION.

When a report gives a suspected or a positive diagnosis of rabies, or when the city, county or state health officials feel that a rabies crisis may be imminent, the health officials may recommend to the city manager city-wide quarantine, and upon the invoking of such quarantine by the city council, by resolution, no animal shall be taken into the streets or permitted to be in the streets, except for short periods of exercise under leash and control of a competent adult. During the quarantine no animal may be taken or removed from the city without written permission of the animal control officer. This declaration must be made by notice in a general circulated newspaper of the community and will last as long as health officials determine the situation requires such action.

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Section 4-705 DESTRUCTION OF ANIMALS UNDER CRISIS PERIOD.

  1. During the period of rabies quarantine as mentioned, every animal bitten by an animal adjudged to be rabid shall be forthwith destroyed, or at the owner's expense and option, shall be treated for a rabies infection by a licensed veterinarian, or held under six (6) months quarantine by the owner in the same manner as a female in season. The period of quarantine may be extended from time to time.
  2. In the event there are additional positive cases of rabies occurring during the period of the quarantine, such period of quarantine may be extended for an additional six (6) months.
  3. No person shall kill or cause to be killed any rabid animal, any animal suspected of having been exposed to rabies, or any animal biting or scratching a human, except as herein provided, nor to remove same from the city limits without written permission from the health officer of the city or the animal control officer.
  4. The carcass of any dead animal exposed to rabies shall upon demand be surrendered to the animal control officer.
  5. The animal control officer shall direct the disposition of any animal found to be infected with rabies.
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SECTION 4-706 SURRENDER OF ANIMALS UNDER SUSPECT.

No person shall remove from the city any animal suspected of having been exposed to rabies, or any animal which has bitten a human, except as herein provided. The carcass of any dead animal exposed to rabies shall be surrendered to the animal control officer upon demand, and the animal control officer shall direct disposition of the animal. No person shall refuse to surrender any animal for quarantine or destruction when such demand is lawfully made by the animal control officer.

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CHAPTER 8

PENALTIES

Section 4-801 Penalty

Section 4-801 PENALTY.

Any person, firm, or corporation who violates any ordinance or provision of this chapter or who violates, or refuses or neglects to carry out any reasonable order made by the health or other officer pursuant to this chapter, shall, upon conviction thereof, be punished as provided in Section 1-108 of this code. The penalties provided for herein shall be in addition to other remedies of the city and aggrieved persons and shall not be construed as exclusive.

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