DISCLAIMER:  THIS PAGE HAS BEEN REPRODUCED AS FAITHFULLY AS POSSIBLE FOR THE CONVENIENCE OF DUNCAN RESIDENTS.  HOWEVER, IT MAY CONTAIN SOME TYPOGRAPHICAL ERRORS AND/OR INADVERTENT MISTAKES.  CONTACT ANIMAL CONTROL TO ENSURE ACCURACY FOR ANY SPECIFIC QUESTIONS.

CHAPTER 1

A. No person owning or having in his custody any animal shall violate any laws, rules, or regulations of the State applicable thereto. Where provisions of the laws, rules, or regulations of the State are less restrictive than the provisions of this Code, the latter shall govern.

B. Nothing in this Chapter shall be construed to permit any person to possess, keep or maintain any animal in violation of the zoning ordinances or any other ordinance of the City.

C. No outdoor quadrupeds or bipeds, except dogs and cats, shall be kept without prior approval of the Board of Adjustment as a special use permit pursuant to the provisions of the Duncan Zoning Regulations. Provided, however, no such approval shall be granted for any dangerous animal as defined in Article C of this Chapter.

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

Hospitals, clinics, the Animal Shelter or its contracted agent, and other premises operated by veterinarians for the care and treatment of animals are exempt from the provisions of this Chapter, except where such duties are expressly stated. (Ord. 1510, 8-8-2000)

CHAPTER 2

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.

The city animal shelter or its authorized agent shall provide sustenance for all animals impounded and shall treat them in a humane manner. The city animal shelter is under the jurisdiction of the animal control supervisor or of such other person as may be officially designated.

An Animal Control Officer, or any other city officer or employee

A. Is authorized to trap or impound any animal observed to be in violation of any of the provisions of this Chapter, or for humane reasons pursuant to Section 4-120.

B. May enter upon the premises of the owner or other private premises to take such animal into custody.

C. Any other person who finds an animal on his/her property to his/her injury or annoyance may, in a humane manner, trap or take an animal running at large within the city limits into custody and present it to the authority in charge of the animal shelter or its authorized agent for impounding.

When an animal is so trapped or 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 make reasonable attempts to notify the owner of the impoundment orally or in writing. If the animal is tagged but contact cannot be made with the owner, an attempt will be made to determine if the registered owner has moved and to ascertain the current address from utility billing records and/or local veterinarian records.

D. 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 part. (Ord. 1510, 8-8-2000)

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

A. Any person who finds an animal on his property within the city limits to his injury or annoyance may in a humane manner:

1. Remove such animal to the animal shelter or its authorized agent except that stray animals will be handled as provided by state law; or

2. Retain possession of such animal or fowl and, within twenty-four (24) hours, notify the animal control officer or other appropriate existing agency of this custody, giving his name, address and telephone number, a true and complete description of the said animal, the circumstances under which the animal came into his or her possession, and the owner’s name, if known. Removal of the animal from the property shall be done in such a manner so as not to cause injury to the animal.

B. The owner of rental property shall have the right to remove or have the animal control officers remove said animal from the property in the event that the rent is not current, the home or premises has been vacated and the animal has been apparently abandoned. The owner shall complete an "Animal Removal Form" as provided by an animal control officer.

No unauthorized person shall:

A. Break or attempt to break open the animal shelter or facility of its authorized agent, or take or let out any animal therefrom. Such action may be prosecuted by this chapter or pursuant to Title 21 as it relates to burglary of a non-dwelling;

B. Take or attempt to take from any officer or employee of the city any animal taken into custody as provided by this chapter; or

C. In any manner interfere with or hinder an officer or City employee in the discharge of his duties relating to the taking into custody and impounding of animals as provided in this chapter.

D. Let any animal out of any trap or damage any trap owned by the City of Duncan.

A. The city council by motion or resolution shall determine the fees to be charged for impounding and keeping animals. In computing the fee, a fraction of a day during which an animal has been fed shall be deemed a full day.

B. Any person redeeming an impounded animal shall pay the required fees to the appropriate person or office as designated by the city manager and present his receipt therefore to the person in charge of the animal shelter or its authorized agent before the latter releases the animal.

C.  Written proof of a current rabies vaccination by a licensed veterinarian be presented when redeeming an impounded animal from the animal shelter or its authorized agent.

A. 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 an animal control officer, an animal should be destroyed for humane reasons, such animal may not be redeemed.

B. Animals impounded by reason of running at large may be redeemed at any time within seventy-two (72) hours, not counting weekends and holidays, by payment of required impoundment and boarding fees. Animals redeemed on the day of impoundment shall be subject to boarding fees for one (1) day.

C. No dog, cat or ferret shall be released from impoundment unless the owner shows evidence of a current rabies vaccination.

D. Dogs and cats impounded for reasons other than running at large, and other animals impounded pursuant to the authority of this Chapter, shall be released, redeemed, destroyed or otherwise disposed of according to the procedures that pertain to said animal or the circumstances of the impoundment. Provided, that if no such procedures apply, then an Animal Control Officer is authorized to determine and act upon those procedures that are in the best interests of the animal and the public with proper regard for due process.

E. When a police officer effects a custodial arrest of a person having an animal in his immediate possession and no other responsible person of at least eighteen (18) years of age is immediately present to take custody of an animal, the animal will be impounded for the animal’s welfare. The owner, if other than the arrestee, will be contacted and the disposition of the animal determined. The owner and/or arrestee will have seventy-two (72) hours from the time of contact to make arrangements for the disposition of the animal. After the seventy-two (72) hour period, exclusive of Saturdays, Sundays, and Holidays, has expired, the animal becomes the property of the city and may be euthanized or otherwise disposed of at the city’s sole discretion.

F. In addition to any other offense provided in this Chapter, it shall be unlawful for any person to fail or refuse to comply with the conditions of a release, and persons found to be in violation may be cited each day until such conditions are satisfied.

A. Any impounded animal not claimed by their owner before the expiration of seventy-two (72) hours, exclusive of Saturdays, Sundays, and City Holidays, shall become the property of the city and shall be disposed of at the discretion of the city.

B. Small unvaccinated animals, other than dogs or cats, shall be impounded when found running at large within the city limits and disposed of in accordance with the provisions of this chapter or other applicable law.

C. The animal control officer, upon receiving any animal for impoundment, shall record or cause to be recorded the description, breed, color and sex of the animal and whether or not it is licensed, and the date and time of impoundment. If the animal is licensed or the owner is known, the officer shall enter the name and address of the owner as may be shown on applicable city records. If the owner is known, the officer shall attempt to contact the owner to notify the owner that unless reclaimed within seventy-two (72) hours, after impoundment, Saturdays, Sundays, and City Holidays excluded, the animal will be destroyed or otherwise disposed of by the City.

D. At the end of the period prescribed in this chapter, animals that have not been reclaimed by the owner thereof shall be destroyed, sold, adopted, or otherwise disposed of in a humane manner and as required by law. Any animal who has displayed an aggressive disposition or behavior such as trying to bite or scratch, has been reported to have already bitten or scratched, is unhealthy or otherwise not eligible for adoption as determined by an Animal Control Officer or the City’s authorized agent shall be destroyed after the seventy-two hour period has expired. Any animal eligible for adoption may be adopted after the seventy-two (72) hour period has expired but shall not be destroyed or otherwise disposed of until after one hundred and twenty (120) hours after impoundment.

E. No animal may be adopted from the animal shelter or its authorized agent by any employee of the shelter for any reason, nor may any employee of the shelter adopt, give away or sell any animal from the shelter except in accordance with the provisions of this chapter.

F. A "No Questions Asked" period of seventy-two (72) hours, from the date of the adoption, is established for the purpose of returning an adopted animal, for any reason, to the animal control division.  The City or its authorized agents are not responsible for any pre-payments or payments made for rabies vaccinations or sterilization of the animal.

G. A grace period of seven (7) days, from the date of the adoption, is established during which period an animal adopted from the city’s animal shelter or its authorized agent may be returned to the animal shelter or its authorized agent for a replacement animal, conditioned solely upon the presentation of written certification of a licensed veterinarian that the first adopted animal is in poor health.

H. Upon presentation of reasonable proof that the adopted animal died before the expiration of the period during which the spaying or neutering was required to be completed.  The City or its authorized agents are not responsible for any pre-payments or payments made for rabies vaccinations of the first animal.  The adoption fee for the first animal shall be applied toward the adoption of the second animal with no additional adoption fees.

I. Sales and/or adoption fees as established by council resolution shall be for cash, check or money order and shall be collected by, or under the direction of the Department Head as designated by the City Manager.  If an impounded animal cannot be sold or adopted, the animal shall be destroyed, in a humane manner, or otherwise disposed of in a legal manner.

J. The purchaser or adopter of an animal as provided herein shall acquire absolute title to the animal purchased or adopted.

K. The animal control officer shall pay to the appropriate person or office as designated by the city manager all money received from the sale or adoption fees of impounded animals as soon as possible to the day in which it is received or on the next day upon which the office of the city treasurer is open for business.

L. No dog or cat may be released for adoption from the city animal shelter or its authorized agent until the new owner has paid the required adoption fee and:

   1.    The animal has a current rabies vaccination and has been surgically sterilized; or

    2.    Has presented a pre-payment receipt from a veterinarian to have the animal vaccinated for rabies and surgical sterilization; or

   3.    Has presented a pre-payment receipt from a veterinarian to have the animal vaccinated for rabies and also has presented written documentation from the veterinarian that the animal is unable to reproduce due to age or illness.

Pre-payments for rabies and sterilization for puppies and kittens are required even though a waiting period may be required before they are old enough to be vaccinated for rabies or sterilized.

M. The provisions of this chapter shall not be construed to require the sterilization of dogs or cats which are being held in the city animal shelter or its authorized agent which might be claimed by their rightful owners; nor shall it be construed to require sterilization of dogs and cats held pursuant to the provisions of Section 3.91 through 4.02 of Title 4 of the Oklahoma Statutes.

N. The city animal shelter or its authorized agent shall furnish conditional adoption agreements to be completed and signed by the owner or adopting party. (Ord. 1510, 8-8-2000)

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

No animal impounded in the city animal shelter or its authorized agent pursuant to the authority of this Chapter shall be released or delivered to any institution for research, experimentation, testing or other scientific purposes.

CHAPTER 3

4-301: Animals Running at Large Prohibited

A. It shall be unlawful and an offense for any owner or other person to allow or permit any animal to run at large or trespass upon the property of another within the City.

B. 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.

C. An animal control officer or any law enforcement officer may destroy an animal running at large that is rabid or a threat to public safety.

A. Dogs are prohibited, whether running at large or restrained, from the jogging trails or sidewalks at any city park which has an established jogging trail or sidewalk.

B. When dogs are found on the jogging trails or sidewalks at any city park as prohibited in subsection A of this section and their ownership is known to the agents of the city, such dogs need not be impounded; but an animal control officer or police officer may, at his discretion, cite the owner of such dog to appear in court to answer to charges of this section.

C. Dogs are allowed in the parks off of the jogging trails or sidewalks when securely restrained and under the physical control of a competent person by a leash or harness with handhold.

D. Dogs used to assist the physically or mentally challenged are exempt from the provisions of this Section.

E. Domesticated Animals of any kind are prohibited at Abe Raizen Park.

A. Unless zoned A-1, A-2 or grandfathered for such conditions prior to the adoption of this ordinance, keeping of domestic birds, fowl or bees shall be permitted only by use on review as defined in the land development codes. Regardless of zoning or grandfathered status, details in sections B through I are conditions for keeping of such animals within the Duncan city limits.

B. It is unlawful for any person to construct or maintain a poultry house or pen for the raising or keeping of chickens or any other poultry within one hundred (100) feet of any house or building used for residential purposes, situated on any adjoining lot or plot of ground, in the City.

C. It is the duty of the owner or person in charge of such domestic fowl to keep the same securely confined in a suitable pen, coop, building, or enclosure. Any such fowl found running at large shall be deemed prima facie evidence that the owner or person in charge has failed to comply with the provisions of this Section.

D. The keeping of more than three (3) chickens within a recognized residential subdivision on a lot of less than one (1) acre is prohibited.

E. The keeping of roosters, geese, guinea fowl, ducks, turkeys, or peacocks is similarly prohibited in recognized residential subdivisions on lots of less than two (2) acres.

F. Any chicken or fowl or avian kept in a residential subdivision shall be maintained as follows:

1. All chickens, or other fowl, or avians shall be confined to the owner’s property at all times.

2. All enclosures shall be cleaned regularly to prevent an accumulation of food, fecal matter, or nesting material from creating a nuisance or unsanitary condition due to odor, vermin, debris, or decay.

G. Every keeper of domestic birds or fowl shall confine the same in an enclosure sufficient to prevent their being at large and shall provide a shelter area of sufficient size to be conducive to good sanitation practices, and shall provide adequate sanitary drainage for the shelter or area.

H. The housing and keeping of fowl, domestic birds or bees shall be in such a manner as not to create a nuisance. Owners of fowl, domestic birds or bees will be held responsible and liable for any damages they cause within the city.

I. When bees are kept within the city limits, the following provisions shall apply:

1. No such beekeeping shall be allowed until the keeper of such bees has registered his beekeeping operation with the city;

2. The density of colonies on any lot may not exceed one colony of bees for each two thousand five hundred (2,500) square feet of lot area;

3. Colonies shall not be located within thirty-five (35) feet of any property line except:

a. When situated at least eight (8) feet above adjacent ground level; or

b. When situated less than six (6) feet above adjacent ground level and behind a solid fence, wall, dense evergreen hedge or effective equivalent having a height of not less than six (6) feet and parallel to each property line within thirty-five (35) feet of the hive. Such fence shall extend at least thirty (30) feet beyond the hive in both directions or the full length of the property line to which the fence is parallel, whichever is the lesser;

4. The beekeeper shall maintain fresh water sources on his lot for his bees during all the times that bees fly from the hives;

5. All colonies shall be maintained in movable frame hives, and mature colonies shall be housed in two (2) full-depth brood chambers; and

6. Each beekeeper shall register his beekeeping operation with the State Board of Agriculture as required by state law.

J. The provisions of this section shall apply upon written and signed complaint by the Animal Control Supervisor. When a violation is determined to exist, the owner or keeper shall be ordered to correct the violation within seventy-two (72) hours of receiving such notice. Failure to correct the violation may result in the owner or keeper being issued a summons to appear in court for the violation(s). Each day a violation of this section is continued shall be deemed a separate violation.

A. Any person who, as the operator of a motor vehicle, strikes a domestic animal shall immediately report such injury or death to the animal’s owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency, the animal shelter or its authorized agent or to the local humane society.

B. Notwithstanding any provisions herein to the contrary, animals injured or killed on or along public streets or rights-of-way within the city limits shall be presumed to be or having been running at large. The Animal Control Officer shall remove all such animals and, at his or her discretion, deliver those needing medical attention to a veterinarian or to the Animal shelter or its authorized agent. The owner of the animal shall be liable for all expenses of treatment, impoundment and of disposal, in addition to any other penalties imposed for violation of this Chapter.

A. All pens and enclosures where animals are kept and maintained shall at all times be kept free of an accumulation of animal waste or other filth and shall be cleaned or sanitized as often as is necessary to control noxious odors and to prevent the infestation of flies, ticks, fleas, parasites, rodents and other vermin. It shall be unlawful and an offense for any person, firm or corporation to keep or maintain animal enclosures in such a way that they become an annoyance or nuisance to others on adjoining properties or a threat to the welfare of the animal or animals so enclosed.

B. In addition to other powers of enforcement provided in this Chapter, the Animal Control Officer is authorized to remove any animal kept or maintained in a pen or enclosure in violation of this Section and impound the animal in the Animal shelter or its authorized agent for humane treatment at the expense of the owner.

C. Any health officer, animal control officer or peace 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.

A. The owner of every animal shall be responsible for the removal of any excreta or other animal waste or refuse deposited by his animal on public walks, recreation areas or private property.

B. Manure, excreta or other animal waste or refuse may be deposited in trash, refuse or garbage receptacles only if such waste and refuse is placed in a tightly sealed plastic bag or other similar airtight and fly-proof container.

A. The carcass of a dead animal of such size as to permit the cover being placed on the container or garbage can after it has been placed therein may be placed in the container or can with the garbage. The carcass of a dead animal too large to be placed in the container or garbage can must be disposed of by the owner or at his expense.

B. It is unlawful for any person, firm or corporation to bury, or cause to be buried, the carcass of any dead animal in any street, park, private premises or other public or private place within the city.  Animal owners must dispose of carcasses in a timely manner so as to prevent odors, attract flies, or create other health or sanitary risks.

A. The following conditions are hereby declared to be a nuisance:

1. Any dog or other animal which, by frequent or long-continued barking, howling or otherwise, disturbs the peace and quiet of any person;

2. Any dog or other animal, 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; or

3. Any dog or other animal which chases cars, motorcycles, bicycles or any other motor vehicle or intimidates joggers, pedestrians or children.

B. 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 the 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. It is the intent of this section to restrict the privilege of keeping, possessing, owning or harboring an animal within the city limits to those of a quiet and peaceable nature; and not only shall the owner of such animal be liable for the infliction of penalties provided but upon order of the municipal judge, subsequent to a due process hearing, shall surrender the animal for the purpose of destruction or disposition.

In areas of the city zoned for agriculture, it shall be lawful for any person to kill any dog found chasing or worrying sheep, other livestock or poultry, off the premises of the owner of such dog. Any person who kills such dog is liable for any act stemming from his action and is responsible for insuring minimal risk to any person or other animal in the area. The owner or owners of any animal of the dog kind that kills, worries, or injures any sheep, lamb, goat, kid, other livestock or poultry, shall be jointly and severally liable to any person so damaged, to the full amount of the injury done, and the court or justice, before whom a recovery is had for any such injury, shall declare the animal found to have occasioned the injury to be a common nuisance, and order the defendant to kill or cause to be killed, such animal within twenty-four (24) hours after the rendition of the judgement. Appeals shall be allowed in all such cases. Such appeals shall be prosecuted in such manner as prescribed by general statutes governing appeals.

Reference Oklahoma Statutes 4 § 41.

A. No person shall allow or permit any livestock to graze or be herded in the streets, alleys, parking lots, and parks within the City.

B. 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.

It is unlawful for any person, firm or corporation to keep, possess or have in his control any cattle, horses, mules, goats, sheep, swine, pot-bellied pigs or hogs, except in or on the fairgrounds or where permitted in the city’s zoning including any future revisions and amendments to the same.

A. All pet shops within the City shall keep and maintain its animals in such a manner as to prevent a nuisance or health hazard to humans and to avoid injury and minimize illness to such animals. Maintenance of said animals shall include:

1. A wholesome adequate diet and potable water consistent with the requirements and habits of the animal’s species, type, size, age and condition.

2. Cages, pens and runs designed to provide adequate physical comfort, maintained at a relative state of thermal neutrality, and periodically disinfected to reduce disease pathogens.

B. All animals showing evidence of disease or injury shall be immediately isolated and shall receive treatment by a veterinarian or euthanized by the same. The veterinarian performing such euthanasia shall document the reasons and procedure for the same. Animals showing signs of parasites shall receive appropriate treatment.

C. Any pet shop selling dogs, cats, kittens or puppies, shall provide to the purchaser at the time of sale, written documentation of each animal’s origin, including the breeder’s name and the state where the animal was born, and the animal’s complete health record. Any pet shop selling birds or reptiles with a retail value exceeding $200 shall provide to the purchaser at the time of sale, written documentation of the country or origin of the bird or reptile.

D. Puppies or kittens shall not be offered for sale before eight (8) weeks of age, with the exception of puppies and kittens between six (6) and eight (8) weeks of ages that may be sold if they are examined and certified fit for sale by a veterinarian.

E. Any Animal Control Officer or police officer, with proper identification, may enter a pet shop during business hours for the purpose of making inspections to determine compliance with this Section.

 

SECTION:

The Duncan City Council finds that each year hundreds of dogs and cats within the City are euthanized because they are unwanted, and data show that the number of dogs and cats that must be euthanized is on the increase. Furthermore, the overpopulation of stray dogs and cats disturbs the quiet enjoyment of property within the City, affecting the quality of life in residential neighborhoods. The City Council finds that the overpopulation and attendant high costs of disposal and enforcement can be significantly reduced through a spay and neutering program. It is therefore the policy of the City of Duncan to encourage and promote through appropriate fee schedules and legislation the spaying and neutering of dogs and cats as a means of responsible pet ownership.

Impoundment fees for allowing intact animals to run at large will be twice as much as the impoundment fees for allowing sterilized animals to run at large.  The impoundment fee for the first offense of allowing an intact animal to run at large will be reduced by one half upon presentation of a written receipt from a veterinarian for pre-payment of having the animal sterilized.

4-403:  IMPOUNDMENT FEES - SECOND OR SUBSEQUENT OFFENSES

Second or subsequent impoundment fees for allowing intact animals to run at large will be twice as much as the first offense impoundment fee for allowing intact animals to run at large.  If the animal is not redeemed within seventy-two (72) hours, exclusive of holidays and weekends, animal shall become the property of the City and disposed of as described in Section 4-208 of this ordinance.  The impoundment fee for second or subsequent offenses will be reduced by one half upon presentation of a written receipt from a veterinarian for pre-payment of having the animal sterilized.

A. It shall be unlawful for any person, firm or corporation that owns, leases or controls any premises within the City to maintain on said premises more than a combined total of four (4) dogs and/or cats over the age of six (6) months. This provision shall not apply to agriculturally zoned properties. Any owner having more than the above prescribed number of dogs or cats prior to May 1, 2000 and who can verify their ownership by way of rabies certificates may continue with the same animals without penalty.

B. It shall be unlawful to maintain any number of animals within a dwelling unit in such a way that the conditions of the dwelling unit constitute a nuisance or health hazard and threat to the occupants or welfare of the animals maintained. Nothing in this subsection shall be construed to permit any person to maintain any dangerous animal, whether inside or outside a dwelling unit.

A. The owner of any female dog or female cat in heat shall keep said animal confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such a manner that the female dog cannot come into contact with another dog or cat except for planned breeding purposes, in which event such dogs or cats shall be confined in some enclosed place entirely out of the public view.

B. Any person who violates this provision, either willfully or through failure to exercise due care and control, is subject to the penalties prescribed in Section 1-108 of this code.

A. Pet registration or obtaining city tags is not required for dogs, cats or ferrets.

B.    Pet owners are encouraged to have a subcutaneous computer chip implanted in their animals to ensure the most accurate and expedient way of identifying the owner.  However, since every animal more than six (6) months of age is required to have a current, valid rabies tag, such rabies tag is deemed sufficient to identify owners.

A. It is unlawful for any person to own, keep, or harbor within the limits of the City any dog, cat, or ferret, male or female, over the age of four (4) months unless such animal has a current vaccination against rabies administered by a licensed veterinarian. Said immunization is considered valid if given within the last twelve (12) months, however, the City and State regulations recognize a three (3) year rabies vaccine when given upon the second or later boosters.  The expiration date on the rabies certificate is to be used as prima facie evidence to establish status of the immunization.

B. All dogs, cats, or ferrets brought into the City shall be immunized by vaccination as provided in this Chapter unless the owner, keeper, or harborer of the animal can furnish a certificate from a veterinarian showing that the animal has been vaccinated within the previous twelve (12) months.

A. The vaccination required in Section 4-420 of this article shall be performed by a veterinarian. Upon payment of the veterinarian’s fee, the veterinarian shall deliver to the owner, keeper, or harborer of each vaccinated dog, cat, or ferret a certificate showing the date of vaccination, the license number of the dog, cat, or ferret and its apparent age, and a statement as to whether the dog or cat is spayed or neutered. At the time of delivery of the certificate, the veterinarian shall also deliver to the owner, keeper, or harborer of the vaccinated dog or cat a metal or plastic tag to be known as a "vaccination tag," which shall be attached to the collar of the dog or cat, except when wearing a tag is exempted for medical reason by a veterinarian. The certificate and tag shall be prima facie evidence that the dog, cat, or ferret has been vaccinated.

B. Veterinarians shall be required to keep a record of a rabies vaccination for a minimum period of three (3) years. This record must include: name, address, and telephone number of the owner or the animal; date of vaccination; animal identification; brand name of vaccine used, vaccine expiration date, and producer of vaccine.

C. Three (3) year immunity conferred by the second or subsequent boosters with a three (3) year rabies vaccine will be recognized.

A. Every dog, cat, or ferret that bites a person shall be promptly reported to the Animal Control Officer and shall be securely confined at the animal shelter or its authorized agent unless the owner makes arrangements with a veterinary hospital of the owner's choice at the owner's expense.  Confinement shall be under the supervision of a veterinarian for a period of 10 days from the date the person was bitten or as otherwise provided in this Section. The impoundment and observation of the dog, cat, or ferret shall be conducted at the veterinarian’s facility, or the Animal shelter or its authorized agent. Once confined, the dog, cat, or ferret shall not be released from such confinement except by written permission of the Animal Control Officer. In the case of stray dogs or cats or in the cases of dogs, cats, or ferrets whose ownership is not known, such quarantine shall be at the Animal shelter or its authorized agent.

B. The Animal Control Officer may make an exception to the requirement of confinement with a veterinarian under the following circumstances:

1. Dogs, cats, or ferrets involved in a first party ownership may be allowed to be securely confined and closely observed at the owner’s home for a period of ten (10) days immediately following the bite as further defined in Section 4-423B of this article; and

2. Dogs in service to the blind, police dogs or search and rescue dogs in the line of duty, or other currently vaccinated dogs or cats in a situation where separation from the owner will threaten the owner’s well-being, may be allowed to be placed in a home quarantine.

When an exception is granted, the animal control officer will provide information regarding the symptoms of rabies to the person responsible for containing the animal during the quarantine period. If the animal should display any of the symptoms for rabies, the responsible person must immediately contact the Animal Control officer for further disposition.

C. The owner upon demand made by the Animal Control Officer shall forthwith surrender the dog, cat, or ferret that has bitten a human for supervised quarantine, which expense shall be borne by the owner, and may be reclaimed by the owner if adjudged free of rabies upon payment of the fees set forth in this Chapter and upon compliance with applicable spaying or neutering provisions set forth in Article A of this chapter.

D. Any domestic animal which is currently vaccinated against rabies and is exposed to a rabid animal shall be re-vaccinated within seventy-two (72) hours of notification and isolated, by leashing or confinement under the owner’s supervision, for a period of at least forty-five (45) days.

E. Any livestock or equine animal which is not currently vaccinated and is exposed to a rabid animal shall be managed according to the most current Compendium of Animal Rabies Control published by the National Association of State Public Health Veterinarians and any State Department of Agriculture guidelines that may apply. Any dog, cat, or ferret which is not currently vaccinated against rabies and is exposed to a rabid animal shall be:

1. Euthanized immediately either by a veterinarian of the owner’s choice, or the Animal Control Officer or his agent; or

2. Placed in strict quarantine and observed for a period of six (6) months under the supervision of a veterinarian at a veterinary. Such dog, cat, or ferret shall be vaccinated against rabies approximately thirty (30) days prior to release from quarantine.

F. When a dog, cat, or ferret under quarantine has been diagnosed as being rabid, or suspected by a veterinarian as being rabid, and dies while under such observation, then the Animal Control Officer shall immediately send the head of the animal to Veterinary Pathology Laboratory of Oklahoma State University or other recognized diagnostic laboratory for rabies examination. He shall notify the public health officer of reports of human contact and the diagnosis made of the suspected animal. If the animal is decapitated, such work shall be done by a veterinarian.

G. When one or both reports give a positive diagnosis of rabies, the City Manager may recommend a City-wide quarantine for a period of thirty (30) days. Upon the invoking of such quarantine, no dog or cat shall be taken into the streets, or permitted to be in the streets, during such period of quarantine.

H. If there are additional positive cases of rabies occurring during the period of quarantine, such period of quarantine may be extended for an additional period.

I. No person shall kill, or cause to be killed, any rabid dog, cat, or ferret, any dog, cat, or ferret suspected of having been exposed to rabies, or any dog, cat, or ferret biting a human, except as provided in this section, nor remove the same from the city without permission from the Animal Control Officer.

J. The carcass of any dead dog, cat, or ferret exposed to rabies shall upon demand be surrendered to the Animal Control Officer.

K. No person shall fail or refuse to surrender any dog, cat, or ferret for quarantine or destruction as required in this Section when demand is made therefor by the Animal Control Officer.

L. Payment of any fees incurred and the cost of boarding the dog, cat, or ferret shall be the responsibility of the person owning, keeping or harboring the animal. Further, the payment of fees incurred in the cost of euthanasia and the sending of an animal for rabies testing shall be the responsibility of the person owning, keeping or harboring the animal.

A. If the identity and address of the owner of any animal that bites a person is known, it 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 the animal shelter unless the owner makes arrangements with 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 laceration; 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 or its authorized agent. 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.

B. An animal that bites or scratches the animal’s owner or a family member in a first party ownership will be allowed to be securely confined and observed at the owner’s home for a ten (10) day period immediately following the bite and shall not be otherwise quarantined if the owner so requests. This exception will only be allowed when it is determined by the animal control supervisor or his designee that the conditions for secure confinement and animal supervision can be met by the responsible first party. In addition, the owner must provide proof of current rabies immunization, which has been provided by licensed doctor of veterinary medicine. It shall be the animal control officer’s duty to inform the person about the benefits and risks of quarantine. If the owner or family member does not request a quarantine of the animal, they will be required to execute a release of liability to the City of Duncan, Oklahoma, in a manner prescribed by the City. If the owner or family member is under eighteen (18) years of age, then the release shall also be executed by that person’s parent or guardian.

C. Dogs in service to the blind, police dogs or search and rescue dogs in the line of duty, or other currently vaccinated dogs or cats in a situation where separation from the owner will threaten the owner’s well-being, may not be required to be placed in quarantine at the discretion of the animal control supervisor or his designee.

D. Stray or unwanted dogs or cats that have bitten any person may either be quarantined for ten (10) days at an approved veterinary facility or an animal control facility; or immediately euthanized and the brain tissue submitted to the State Department of Health laboratory for rabies testing at the discretion of the animal control supervisor or his designee.

E. 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.

F. It is the duty of every licensed veterinarian to report to the animal control officer his diagnoses of any animal observed by him to be a rabid suspect.

G. The animal control supervisor shall keep or cause to be kept an accurate and detailed record of all bite cases reported to the city with a complete report of the investigation of each case.

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.

A. 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, cats and other animals 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.

B. While such resolution is in effect, it is unlawful for any owner to permit a dog or cat to be at large in violation of such resolution, or for any dog or cat to be at large in violation thereof.

When a report gives a suspected or a positive diagnoses 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.

A. 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) month quarantine by the owner in the same manner as a female in season. The period of quarantine may be extended from time to time.

B. 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.  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.

C. The carcass of any dead animal exposed to rabies shall upon demand be surrendered to the animal control officer.

D. The city veterinarian in consort with the state department of health shall direct the disposition of any animal found to be infected with rabies.

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. It is the duty of every physician, veterinarian or other practitioner to report to the Animal Control Division the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control. (Ord. 1510, 8-8-2000)

A. No person, other than a law enforcement officer or animal control officer, shall kill or cause to be killed any rabid animal, any animal suspected of having been exposed to rabies, or any animal biting a human, except as provided in this article, or remove the animal from the city limits without written permission from the health officer of this city.

B. The carcass of any dead animal exposed to rabies shall upon demand be surrendered to an animal control officer.

C. The health officer of the city shall direct the disposition of any animal found to be infected with rabies.

D. No person shall fail or refuse to surrender any animal for quarantine or destruction when demand is made by an animal control officer or police officer. Such refusal shall be deemed an offense.

 

The owner of any vicious dog shall confine the animal within a building or secure enclosure, and display a sign on the premises that there is a dangerous dog on the premises. The owner shall not take the dog out of the building or secure enclosure unless the dog is securely muzzled and restrained by a chain or leash not exceeding six (6) feet in length and under the actual physical control of a responsible, competent person. The muzzle must be made in a manner that it will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person or animal.

A. The owner of any vicious animal impounded for being vicious and found running at large may not redeem the animal from the Animal shelter or its authorized agent unless the Municipal Court or another court of competent jurisdiction, upon hearing, authorizes such redemption. The Animal Control Officer shall stay the destruction of the vicious animal pending said hearing if the owner agrees in writing to pay boarding fees as determined by the Animal shelter or its authorized agent for the duration of the impoundment. A vicious animal will not be put up for adoption.

B. 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 time:

1. The dog or other animal has attacked a person or animal, and;

a. The person or animal so attacked was not at the time trespassing upon the property of the owner or person having control of such dog or animal; or

b. It cannot be proved beyond a reasonable doubt that the person or animal 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 or animals 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 or animal, the court may order that it be delivered to an animal control officer and destroyed by him.

3. Any person who willfully violates the order of the Court under these provisions may be punished for contempt of court. The Court shall also have the authority to have the dog or other animal destroyed if such person refuses to comply with the Court’s order. In addition, the Court may also impose fines and costs pursuant to Section 1-108 of the City Code and Section 4-806 of this part.

Cross Reference: Municipal Court, Section 6-101 of this code.

 

A. No person shall own, maintain or operate a kennel within the city unless such kennel is licensed as herein provided. Application for such license shall be made to the appropriate person or office as designated the city manager and shall state the name and address of the owner or operator of the kennel with the street address and legal description of the property upon which the kennel is located. Application for a renewal license must be received by the city at least sixty (60) days prior to the expiration of the license. A kennel license may only be obtained for areas zoned for agricultural, industrial, or commercial usage but in no case shall be issued for areas zoned for residential usage.

B. A kennel license fee shall be as provided in the fee schedule, and such license shall be exhibited in a conspicuous place on the premises. .

C. The owner or operator of a kennel must show proof of rabies vaccination on all animals over four (4) months of age when applying for a license, as set forth in sections 4-420 and 4-421 of this code.

D. Licenses expire annually on July 31. There is no pro-ration of license fees.

E. Any person maintaining a kennel, whether for profit or not, shall maintain such kennel in a sanitary condition and shall be subject to the provisions of this chapter. Nonconforming kennels shall be deemed a public nuisance.

A. Permits for the keeping of large animals shall be issued only to those applicants who provide facilities for the keeping of such large animals in quarters set out herein, which will confine the large animals within the limits not closer than one hundred (100) feet to the exterior limits of any dwelling resided in by anyone other than the applicant unless such other building is owned by the applicant. Large animals shall be kept in a stall measuring at least six (6) feet wide and twelve (12) feet deep for each large animal. The stall area shall be constructed in a manner as to provide shelter for the animals from inclement weather. In addition, there shall be, adjacent to the stall, a lounging/exercise lot measuring at least fifteen (15) feet wide by twenty-seven (27) feet deep for each large animal.

B. Permits for the keeping of small animals shall be issued only to those applicants who provide facilities for the keeping of such small animals in quarters set out in this chapter, which will confine the small animals within limits not closer than twenty-five (25) feet to the exterior limits of any dwelling resided in by anyone other than the applicant.

A. All kennels within the city limits shall meet the following minimum standards:

1. The kennel floor shall be made of concrete at least four (4) inches thick or other material as approved by the City Building Inspector, with a smooth surface which shall have one-quarter (1/4) inch of slope per foot of fall for drainage. The drainage shall slope to a clean out gutter, and all drains shall be connected to the sanitary sewage line;

2. Each cage shall have sleeping quarters, a lounging area and access to an exercise area with a minimum of one hundred and fifty (150) square feet. Sleeping quarters for the animals shall be protected from the weather, and each lounging area shall be individually enclosed by chain link material of at least (10-14) gauge or other material as approved by the City Inspector, and shall have the following minimum dimensions for the number of animals to be accommodated:

Width	Length	Height	Accommodation For:
4 ft.	12 ft.	6 ft.	Lounging area for 1 large dog
4 ft.	6 ft.	3 ft.	Sleeping area for 1 large dog, or 2 medium dogs, or 3 small dogs or cats

However, cages for cats shall be completely enclosed:

3. For the purpose of this section only, small-size dogs shall be defined as any dog weighing twenty-five (25) pounds or less; medium size dogs shall be defined as any dog weighing between twenty-five (25) and fifty (50) pounds; large-sized dogs shall be defined as any dog weighing in excess of fifty (50) pounds; and

4. There shall be at least one cage which must be completely enclosed to house female dogs in heat.

B. The provisions of this section shall not apply to kennels operated and maintained by licensed veterinarians, to commercial pet stores where all animals are kept within the establishment, nor to the animal shelter or its authorized agents.

A. It is a condition to the issuance of a kennel license that an animal control officer shall be permitted to inspect, at all reasonable times, all animals and kennels.

B. Refusal by the owner or operator of the kennel to permit such inspection shall be a cause for the revocation of the kennel license. A second attempt will be made to inspect the animals and kennels within forty-eight (48) hours, exclusive of holidays and weekends, from the time of the first refusal; and if the inspecting officer is denied entry for the purpose of inspection, the animal control officer shall revoke the license. The decision of the animal control officer shall be subject to review by the city manager if the kennel owner or operator feels that the revocation of the kennel permit is unjustified. No refund of the license fee shall be made to the license holder.

C. If a city manager review is desired, the owner or operator of the kennel shall so inform the animal control officer, who, in turn, shall place the request before the city manager within thirty (30) days from the date of revocation. The animal control officer shall notify the owner/operator of the date, time and place in which the city manager will consider the review.

D. During the pendency of the city manager review, no action shall be taken or initiated against the owner or operator of the kennel.

E. The decision of the city manager is final. If the license revocation is upheld by the city manager, no refund of the license fee shall be made to the license holder.

A. Permits for large or small animals may be obtained from the city after an application for the permit has been filed with and approved by the animal control supervisor. The animal control supervisor shall approve such application only after determining that the applicant for such permit complies with the requirements for the keeping of such animals as set forth in this chapter and zoning code. Once the premises have been inspected by an animal control officer the animal control division will coordinate with the city’s zoning administrator for zoning approval.

B. The following are exempt from the animal permit requirements of Article C of this chapter:

1. Areas in excess of five (5) acres inhabited by no more than one (1) single family dwelling unit shall be allowed to keep large animals, if the number of large animals does not exceed one large animal per acre;

2. Publicly owned institutions or public agencies, hospitals, clinics, premises operated by licensed veterinarians for the care and treatment of animals, commercial pet stores and animal shelter or its authorized agents;

3. Public sale yards, slaughter pens and meat packing plants;

4. Medical laboratories and educational institutions keeping such animals for medical research, veterinary hospitals, or pet shops keeping such animals for resale; and

5. Owners or keepers of dogs or cats must obtain an annual license but are exempt from the requirement to obtain an animal permit, but where four (4) or more dogs or cats are kept, all other provisions of sections 4-440 through 4-443 on small animals shall be applicable. All exceptions provided herein must fully comply with all the sanitary provisions of this code.

C. Valid permits shall be posted in a conspicuous place and shall be considered an appurtenance to the premises and is not transferable to another location nor from one owner to another.

It is the duty of the holder of any permit to maintain and operate the housing and keeping of such animals in such a manner as not to create a nuisance as determined by an animal control officer.

4-446: PERMIT REQUIRED FOR LARGE, SMALL ANIMALS; RESTRICTIONS:

A. There shall be two (2) classifications of permits that may be issued under the provisions of this article, as follows:

1. Permit for keeping small animals; and

2. Permit for keeping large animals.

B. The permit fees shall be as provided in the fee schedule.

C. All permits issued hereunder shall expire annually on December 31 of each year. There shall be no pro-ration of the fee.

D. Permits for the keeping of large or small animals on areas of less than five (5) acres shall be issued only to the owner or person living on such land.

Except as provided in this chapter, no permit shall be issued, or be valid if issued, for the permitting or keeping within the city a combined total of more than two (2) large animals and twelve (12) small animals.

A. Upon the obtaining of a permit from the appropriate person or office as designated the city manager, every owner of large or small animal or animals shall observe the following practices:

1. confine the same in an enclosure sufficient to prevent their running at large. Such enclosure shall be maintained in a clean and sanitary condition at all times, and an approved insecticide shall be used as often as deemed necessary by an animal control officer;

2. provide as shelter or area of a size sufficient to be conducive to good sanitation practices, and he shall provide adequate and sanitary drainage for the shelter or area;

3. cause the litter and droppings therefrom to be collected daily in a container or receptacle of such a type that, when closed, it is ratproof and flytight, and after each such collection shall cause such container or receptacle to be kept closed. At least twice each week, each such keeper shall cause all litter and droppings so collected to be disposed of in a way as not to permit the presence of fly larvae; and

4. cause all feed provided to be stored and kept in a ratproof, flytight building, box, container or receptacle.

B. The premises where large or small animal or animals are kept shall be subject to inspection by an animal control officer any reasonable hour of the day.

It is the duty of the holder of any permit provided for in this chapter to maintain and operate the housing and keeping of such animals in such a manner as not to create a nuisance.

The failure of any owner or keeper of any of such animals to comply with the provisions of or the sanitation standards and requirements established by the city in this article shall be cause for the animal control supervisor to refuse to grant a permit for the keeping of such animals, or, if the permit shall have been previously granted to such keeper, shall be cause for the revocation of the same. The decision of the animal control supervisor may be subject to review by the city manager if the applicant feels non-granting of permit or revocation of permit to be unjustified.

Animals kept in medical laboratories or educational institutions for medical research, or in veterinary hospitals for treatment, or in pet shops for resale, or in animal shelters shall be kept under the same sanitary conditions prescribed by section 4-448 of this article.

This article shall be cumulative of all other sanitary ordinances or regulations of the city unless in conflict with the terms of such ordinances and regulations, in which case the terms of this article shall prevail.

SECTION:

The City Council of the City of Duncan finds that the presence of wild or exotic animals is incompatible with the urban, residential character of the community in that such animals threaten and disturb the health, safety, comfort, security, and peace of mind of its inhabitants. To this end, it shall be the public policy of the City that the possession or maintenance of wild or exotic animals within the municipal limits shall be prohibited. Specific animals permitted individually prior to adoption of this ordinance are exempt as long as permits are renewed annually until such animal is sold, dies or otherwise disposed of.

As used in this Article, unless the context requires otherwise:

A. Except as provided in this Section, no person shall own, keep or harbor any wild or exotic animal in the City.

B. The provisions of subsection A of this Section shall not apply to any keeping of such animals in or en route to a bona fide licensed veterinary hospital for treatment, or in bona fide educational or medical institutions or museums where they are kept as live exhibits or for study, licensed zoological parks or zoos, performing animal exhibitions, traveling circuses, or wildlife rehabilitators properly licensed by the state wildlife department providing a permit has been obtained.

A. Upon investigation and determination that a person owns or is keeping or harboring a wild animal on premises within the City, the Animal Control Officer shall mail written notice to such person, requiring the person to safely remove the animal from the City within five (5) days after the receipt of said notice.

B. The Animal Control Officer shall cause to be seized and impounded any wild animal where the person owning, keeping or harboring such animal has failed to comply with the notice sent pursuant to this Section. Provided, however, the Animal Control Officer shall cause to be immediately seized and impounded, without the requirement of notice in subsection A, any wild animal that has previously caused serious physical harm or death to any person, or has escaped and is at large. Upon seizure and impoundment, said animal shall be delivered to a place of confinement which may be with any organization authorized by law to accept, own, keep or harbor such animals.

C. If, during the course of seizing and impounding, the wild animal poses a risk of serious physical harm or death to any person, the Animal Control Officer is authorized to contract with appropriate persons or agencies to render said animal immobile by means of tranquilizers or other safe drugs. If the animal has escaped and is at large, and immobilization is not safely possible, then said animal may be killed.

The reasonable costs incurred by the City in seizing, impounding and for confining any wild animal, shall be charged against the owner, keeper, or harborer of such animal. Such charge shall be in addition to, and not in lieu of, the penalty provided for violation of this chapter.

A. No nonresident person of this city may bring any wild or exotic animal into this city or travel with any wild or exotic animal in this city, without obtaining a permit before entering this city. To obtain a permit to enter or travel with any wild or exotic animal, such nonresident shall notify or submit an application to the animal control supervisor, which shall describe the number and species of animals, anticipated itinerary, and purposes for bringing the animal or animals into the city. The animal control supervisor may issue the permit provided that the applicant can demonstrate, in advance, compliance with the minimum care standards and a need to bring such animal into or through the city. The permit shall be valid for no more than thirty (30) days and may not be renewed.

B. A written contingency plan for animal escape and retrieval must be submitted before a permit is issued. The plan must include immediate notification of the Duncan City Police, Stephens County Sheriff's Office and animal control should an escape occur.

This section shall not apply to:

1. Common carriers

2. Animal suppliers transporting wildlife or exotics to zoos.

3. Animal suppliers to institutes of higher education.

4. Local, state or federal agencies.

5. Circuses meeting minimum humane standards.

6. Zoos meeting minimum humane standards.

A. Bite Defined: For the purpose of this section, the term "bite" means the breaking of the skin of a human being by a wild or exotic animal.

B. Disposal of Animal: Any wild or exotic animal, provoked or unprovoked, that bites a human shall be disposed of as follows:

1. The animal shall be euthanized and the head sent off for rabies testing.

2. The animal control center shall deliver said wild or exotic animal head to the appropriate authority for testing.

3. Wild or exotic animals that are found dead and that have bitten a human shall be impounded and their head shall be sent for testing to the City Health Officer or other testing agency.

C. Exception: The animal control supervisor may consider a six (6) month to one (1) year rabies quarantine period for rare, endangered or threatened or other exotic or wild animals if the following criteria are fully met:

1. A letter is received from a licensed veterinarian requesting observation rather than euthanasia.

2. The victim agrees to the observation of the animal rather than euthanasia.

3. The owner and/or possessor shall agree to indemnify and hold harmless the animal control center and city.

4. The animal was bred and raised in captivity.

5. The animal was licensed according to all federal, state or local laws.

6. The six-month holding period shall be considered a minimum time period.

7. After the observation period, a licensed veterinarian can release the animal and the animal control center will be notified, in writing, thereof.

8. Animals shall be quarantined under conditions as required by the animal control center and the veterinarian involved.

A. No person may sponsor, promote, train a wild animal to participate in, contribute to the involvement of a wild animal in, or attend as a spectator any activity or event in which any wild animal engages in unnatural behavior or is wrestled, fought, mentally or physically harassed, or displayed in such a way that the animal is abused or stressed mentally or physically or is induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner that will cause or is likely to cause physical injury or suffering. This prohibition applies to events and activities taking place in either public or private facilities or property, and applies regardless of the purpose of the event or activities and irrespective of whether or not a fee is charged to spectators. This ordinance is not intended to include performing animals in recognized rodeo or circus acts.

B. All equipment used on a performing animal shall fit properly and be in good working condition.

 

SECTION:

4-601: Acts Prohibited

A. It shall be unlawful for any person to commit any of the following acts:

1. To maliciously overdrive, overload, torture, destroy or kill, or cruelly beat or injure, maim or mutilate, any animal in subjugation or captivity, whether dangerous or tame, and whether belonging to himself or to another.