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Town of Calera
Oklahoma · Est. 1872
Chapter

CHAPTER 95 — Animals

General Provisions

§ 95.01 Definitions

   For the purpose of this chapter, the following definitions apply unless the context clearly requires a different meaning.
   ANIMAL. Any living creature, wild or domestic, except for human beings.
   ANIMAL WILD BY NATURE. Any animal which is not generally considered to be domesticated or a pet or which is usually considered by ordinary persons to be dangerous, or an animal which does not live ordinarily with human beings.
   AT-LARGE. An animal is:
      (1)   Off the premises of its owner and not securely and physically restrained by means of a chain, cord, harness, leash, rope or other device required to restrain such animal; or
      (2)   On the premises of the owner and not securely confined on the premises.
   CONFINED ON THE PREMISES. When an animal is securely and physically restrained on and within the premises of the owner by means of chains, fences, leashes, ropes, walls or other devices required to prevent the animal from leaving the premises.
   CRUELTY TO ANIMALS. A person willfully or maliciously:
      (1)   Tortures, cruelly beats, injures, maims, disfigures, wounds, maltreats or unjustly destroys or kills any animal belonging to himself, herself or another;
      (2)   Unnecessarily confines or deprives any animal of proper food, drink or shelter or unjustly leaves an animal confined anywhere for more than six hours at a time, day or night, exposed to inclement weather or without proper feeding, watering and caring for the same;
      (3)   Abandons an animal to die;
      (4)   Unjustly administers any poison or noxious drug or substance to any animal; or
      (5)   Causes any other person to do any of the above items.
   FOWL. Includes chickens, geese, ducks, doves, guineas, turkeys and other such domestic fowl.
   HARBORING OR KEEPING AN ANIMAL. An animal is allowed to remain or to customarily return during a period of ten days or more on the premises of any person.
   LIVESTOCK. Horses, donkeys, mules, cattle, swine, sheep, goats and other such animals commonly known as LIVESTOCK.
   NUISANCE. An animal that:
      (1)   Congregates in a group of three or more on private property without the consent of the owner, and in so doing, annoys the owner;
      (2)   Habitually prowls around, on or over any premises not the property of its owner to the frequent annoyance of the owner or occupant of the premises;
      (3)   Scratches or digs into or tramps on or over any flower bed, garden, tilled soil, vines, shrubbery or small plants, and in so doing, injures them;
      (4)   Overturns any garbage can or other container of waste products, or scatters the contents of the same;
      (5)   Chases or kills any domesticated animals or domesticated birds;
      (6)   Habitually chases motor vehicles or self-propelled vehicles, bicycles or pedestrians; or
      (7)   Annoys or disturbs any person by loud and frequent barking, howling, yelping or other noise.
   OWNER. Any person who possesses legal title to an animal or who, possessing no legal title, keeps or harbors the animal.
   SHELTER. The animal control shelter where impounded animals are kept before the disposal of the same, including the actual premises where such animals are regularly kept.
   VICIOUS ANIMAL. An animal that:
      (1)   Has bitten or attempted to bite any person without due provocation; or
      (2)   Attacks or barks or growls at any person and acts as if it intends to attack or bite a person when not duly provoked.
(Prior Code, § 4-101)

§ 95.02 Restrictions And Offenses

   No person shall willfully or intentionally:
   (A)   Own any animal capable of transmitting rabies which does not have a current rabies vaccination;
   (B)   Own any dog or cat over six months of age which does not have a current vaccination against rabies;
   (C)   Fail to prevent any animal, except for a cat, owned by him or her from running or being at- large or turn any animal, except for a cat, not owned by him or her at-large;
   (D)   Abandon or desert any domestic animal or otherwise permit such animal to become a stray;
   (E)   Own a vicious animal;
   (F)   Own any animal which is a nuisance;
   (G)   Fail or refuse, upon demand, to deliver to an animal control officer any unlicensed or vicious animal, any animal which is found by the Court to be a nuisance, any animal suspected of having rabies, any animal found at large or any animal the owning of which is prohibited by this chapter;
   (H)   Remove or fail to attach to the collar worn by a dog or cat a current rabies vaccination tag;
   (I)   Own any animal or reptile wild by nature, except when kept by a licensed circus or show or in a zoo;
   (J)   Fail or refuse to keep every female animal “in heat” confined in such a manner that another animal cannot come into contact with it, except for controlled breeding purposes;
   (K)   Interfere with the Town Clerk-Treasurer, Municipal Judge or animal control officers when performing their duties as provided herein;
   (L)   Demonstrate cruelty to animals; or
   (M)   Violate any of the other provisions of this chapter.
(Prior Code, § 4-120) Penalty, see § 95.99

§ 95.03 Clean Enclosures And Pens Required

   (A)   All pens or enclosures for animals shall be maintained in a clean condition and be free of filth at all times. All manure shall be cleaned at least weekly from the pens and hauled outside of the town in a manner which does not jeopardize the public health.
   (B)   Each pen and enclosure shall be sprayed with a suitable residual spray as often as is necessary to control flies, insects and noxious odors.
   (C)   The animal control officers, upon being notified properly that a verified complaint has been filed by any person alleging that certain outside pens or enclosures for animals are not being kept in the manner prescribed by this section, shall inspect the pens or enclosures where the animal or animals are kept. The Municipal Judge, upon such citizen complaint, inspection and hearing, may issue to the owner such reasonable order as he or she may deem necessary to cause the pens or enclosures to be kept as provided in this section.
(Prior Code, § 4-121) Penalty, see § 95.99

§ 95.04 Breaking Into Shelter Unlawful

   No person shall break into the shelter or in any manner directly or indirectly aid, assist or advise a breaking into of the shelter so as to hinder the impoundment of any animal.
(Prior Code, § 4-122) Penalty, see § 95.99

§ 95.05 Rabies Control Procedures

   (A)   Every animal that bites or scratches a person shall be reported within four hours to the Police Chief or the animal control officer and shall thereupon be securely quarantined at the town’s animal shelter or a veterinary hospital, all at the owner’s expense, for a period of ten days. The animal shall not be released from such quarantine except by permission of the Health Officer of the town and a licensed veterinarian hospital chosen by the owner, if the owner agrees to pay for the quarantine in advance. Failure of the owner to quarantine his or her animal will make him or her guilty of an offense.
   (B)   In the case of stray animals, or in the case of animals whose ownership is not known, such quarantine shall be at the animal shelter.
   (C)   The owner, upon a demand by an employee empowered to enforce this chapter, shall forthwith surrender any animal which has bitten or scratched a human or which is suspected of having been exposed to rabies for supervised quarantine, the expenses for which shall be borne by the owner. The animal may be reclaimed by the owner if adjudged free of rabies.
   (D)   When an animal under quarantine has been diagnosed as being rabid, or is suspected by a licensed veterinarian as being rabid, and dies while under such observation, the animal control officer or veterinarian shall immediately send the head of such animal to the State Health Department for pathological examination and shall notify the proper public health officer of reports of human contact and diagnoses made of the suspected animal.
   (E)   When one or both reports give a positive diagnosis of rabies, the Health Officer of the town may recommend a town-wide quarantine for a period of six months, and upon the invoking of such quarantine, no animal shall be taken into the streets or permitted to be in the streets during such period of quarantine. During such quarantine, no animal shall be taken or shipped from the town without the written permission of the Health Officer of the town or the animal control officer.
   (F)   During such period of rabies quarantine as herein designated, every animal bitten by an animal adjudged to be rabid shall be treated for such rabies infection by a licensed veterinarian or held under a six-month quarantine by the owner in the same manner as other animals are quarantined.
   (G)   In the event that there are additional positive cases of rabies occurring during the period of quarantine, such period of quarantine may be extended for an additional six months.
   (H)   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 remove the same from the town limits without written permission from the Health Officer of the town or the animal control officer.
   (I)   The carcass of any dead animal exposed to rabies shall be surrendered to the animal control officer upon demand.
   (J)   The animal control officer shall direct the disposition of any animal found to be infected with rabies.
   (K)   No person shall fail or refuse to surrender any animal for quarantine or destruction as required herein when a demand is made therefor by an employee empowered to enforce this chapter. Such refusal shall be deemed an offense.
   (L)   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.
   (M)   It is the duty of every licensed veterinarian to report to the town’s animal control officer his or her diagnosis of any animal observed by him or her to be a rabies suspect.
(Prior Code, § 4-150) Penalty, see § 95.99
Administration And Impoundment

§ 95.20 Animal Control Officers; Duties

   (A)   Authority.
      (1)   The person designated by the Board of Trustees shall serve as animal control officer and shall possess the authority for enforcing the provisions of this chapter.
      (2)   Animal control officers are specifically authorized to use whatever means necessary to impound animals in violation of the provisions of this chapter.
(Prior Code, § 4-110)
   (B)   Duties.
      (1)   The Police Chief shall supervise all animal control officers and is responsible for the administration and maintenance of the shelter.
      (2)   Animal control officers shall pick up all animals in violation of the provisions of this chapter or cite the owners.
      (3)   Animal control officers shall impound all animals lawfully brought to the shelter and shall provide suitable and necessary sustenance for all animals impounded in the shelter.
      (4)   Animal control officers shall release no impounded animal to its owner until all impoundment fees, room and board charges and any other fees required are paid in full.
(Prior Code, § 4-111)

§ 95.21 Impounding Animals Which Injure Humans

   (A)   When any animal capable of carrying or transmitting rabies or other diseases bites or otherwise injures a person, or is suspected of having rabies, such animal shall be impounded for a period of ten days at either the shelter or a licensed veterinarian’s hospital for the purpose of observation. The owner of such animal shall pay the impoundment charges due for impoundment.
   (B)   In the event that such animal is impossible to capture, it shall be destroyed, and the Police Chief shall have it examined by a medical authority to determine whether it has rabies.
   (C)   Should any person refuse to deliver custody of such animal to an animal control officer, the officer may secure an order of the Municipal Court to be served upon such person, commanding him or her to deliver custody of such animal to the officer. The order shall constitute the authority to enter any premises for the purpose of enforcing this section.
(Prior Code, § 4-115) Penalty, see § 95.99

§ 95.22 Vicious Animal Procedures

   (A)   Upon being notified properly that charges of harboring a vicious animal are pending against any person in the Municipal Court, the animal control officer shall seize and impound the animal described in such proceedings.
   (B)   If such seized and impounded animal has bitten a human being two or more times prior to being seized and impounded, then and in that event, it shall be destroyed.
   (C)   If the Municipal Court shall fail to find that the animal so seized and impounded is a vicious animal, then the Court shall order the animal to be surrendered to its owner.
   (D)   If the Municipal Court shall find that the animal so seized and impounded is a vicious animal, then the Court shall order the animal to be destroyed.
(Prior Code, § 4-117)

§ 95.23 Nuisance Animal Procedures

   Upon a verified complaint being filed by any person alleging that another person owns an animal that is a nuisance, and if, after a hearing on such complaint, the Municipal Court finds that the nuisance exists, the Court may, in its discretion, order the animal to be destroyed or otherwise order the nuisance to be abated.
(Prior Code, § 4-116)

§ 95.24 Obtaining Release Of Impounded Animals

   Owners of impounded animals may retrieve or otherwise obtain the release of their animals from the shelter only after the cash payment of those fees and charges as set forth in § 95.25 of this chapter and the presentment of proof of a rabies vaccination, if required by this chapter, from a licensed veterinarian within the prior 12 months immediately preceding or during the impoundment.
(Prior Code, § 4-113)

§ 95.25 Impoundment Fees And Charges

   (A)   Impoundment fee. An impoundment service fee as set by the Town Board of Trustees shall be charged for each animal lawfully impounded by animal control officers.
   (B)   Special handling fee. A special handling fee equal to the incurred expenses shall also be charged per each animal for which the animal control officers secured special equipment or services.
   (C)   Room and board charge. A room and board charge shall also be made at a rate per day per each impounded animal. In computing the amount of room and board charge due, the day impounded shall be counted as one day and the day redeemed shall also be counted as one day.
(Prior Code, § 4-112)

§ 95.26 Selling Or Disposing Of Animals Not Retrieved

   (A)   Except as hereinafter provided, any animal which is impounded by the town pursuant to the provisions of this chapter shall be sold, destroyed or otherwise disposed of after at least 72 hours from the time of its impoundment at the shelter, provided, however, that in the event that an animal is taken into custody by an animal control officer and the animal has been injured or otherwise disabled, which ordinarily would require the animal’s destruction or treatment by a veterinarian, the Police Chief may order its destruction if the ownership of such animal cannot be determined within a reasonable period of time.
   (B)   Should such ownership be determined, the injured or disabled animal shall be promptly delivered over to such owner.
(Prior Code, § 4-114)
Dogs And Cats

§ 95.40 Prohibition In Certain Areas

   Except for trained seeing-eye dogs which are under the control of their owners by a chain, cord, harness, leash, rope or similar device and which have been vaccinated currently and police dogs which are under the control of a police officer by a chain, cord, harness, leash, rope or similar device and which have been vaccinated currently, no owner shall take his or her dog or cat into any public place or building where food or drink is sold, served or dispensed commercially.
(Prior Code, § 4-134) Penalty, see § 95.99

§ 95.41 Abandoned Dogs And Cats

   (A)   No person shall abandon or desert a dog or cat or permit such animal to become a stray. Any dog or cat found at large not wearing any tag indicating proof of current vaccination against rabies shall be presumed abandoned and will be impounded by the town.
   (B)   In the event that any cat which is presumed to be abandoned or stray cannot be captured so as to be impounded, it shall be immediately destroyed by the animal control officers.
(Prior Code, § 4-130) Penalty, see § 95.99

§ 95.42 Dogs Or Cats At-large

   (A)   The owner of an animal shall not permit such dog to be at-large, except as provided in this chapter. Should any dog be found at-large, it shall immediately be impounded at the shelter by the animal control officers.
   (B)   Cats may be at large within the town, except as provided in §§ 95.40 and 95.41 of this chapter.
(Prior Code, § 4-131) Penalty, see § 95.99

§ 95.43 Rabies Vaccination Required For Dogs And Cats

   (A)   Vaccination frequency. The owner of a dog or cat shall have such animal vaccinated against rabies by a veterinarian or other authorized person before the animal is six months old, and thereafter, yearly.
   (B)   Certificate and tag. The person vaccinating the dog or cat shall furnish the owner with a certificate of vaccination and a tag to be worn by such animal indicating proof of current vaccination against rabies.
(Prior Code, § 4-135) Penalty, see § 95.99

§ 95.44 Affixing Tag To Dog Or Cat Collar; Lost Tags

   The owner of a dog or cat shall cause the tag received from the veterinarian to be affixed to the collar or harness of the dog or cat so that the tag can easily be seen by animal control officers, and the owner shall see that the tag is worn by the dog or cat at all times. In cases where the tag is lost before the end of the year for which is was issued, the owner shall secure another tag from the veterinarian and affix it to the collar in the same manner.
(Prior Code, § 4-136) Penalty, see § 95.99

§ 95.45 Counterfeiting Or Removing Tags Unlawful

   No person shall counterfeit or attempt to counterfeit any tag issued for a dog as provided in this chapter, nor take from any dog a tag legally placed upon it, nor place such tag upon a dog for which the tag was not specifically issued.
(Prior Code, § 4-137) Penalty, see § 95.99

§ 95.46 Dog Licenses And Tags

   Any dog six months of age or more shall annually be registered with the Town Clerk-Treasurer, providing information on the dog as required by the town. The Clerk-Treasurer shall issue a license and tag to the owner upon registration and payment of the license fee. The tag shall be affixed to a collar worn by the dog at all times. Licenses expire annually as specified in the license.
(Prior Code, § 4-132) Penalty, see § 95.99

§ 95.47 Limitation On Number Of Dogs

   No person shall own more than four dogs over four months of age and keep the same within a residential district of the town. This section shall be construed to limit the number of dogs per residence to four over the age of four months.
(Prior Code, § 4-133) Penalty, see § 95.99
Other Animals

§ 95.60 Wild, Exotic, Dangerous Animals Or Reptiles

   (A)   For the purpose of this section, the following definition applies unless the context clearly requires a different meaning.
      WILD, EXOTIC, DANGEROUS ANIMAL OR REPTILE. An animal of the larger variety which is usually not a domestic animal and which can normally be found in a wild state, with or without mean or vicious propensities, including, but not limited to, lions, tigers, leopards, panthers, lynxes, bears, wolves, alligators, crocodiles, apes, foxes, elephants, rhinoceroses, all forms of poisonous and nonpoisonous snakes, including those considered dangerous such as boas and pythons, raccoons, skunks, monkeys and other like animals.
   (B)   It is unlawful to keep or harbor any wild, exotic, dangerous animal or reptile in the town as a pet or for display or exhibition purposes, whether gratuitously or for a fee, except as provided in this section.
   (C)   No person or persons shall keep and maintain or allow to be maintained any wild animal or reptile within the town. This includes private residences and all businesses and public displays within the town.
   (D)   The person or persons excepted from division (C) above shall be:
      (1)   Duly-authorized and licensed circuses or educational institutions;
      (2)   Agents or employees properly authorized by an educational institution to keep and maintain that institution’s animals in connection with any lawful experimental or research program;
      (3)   Zoological gardens; and
      (4)   Zoos which are supervised and publicly maintained.
   (E)   (1)   If the owner of any wild, exotic, dangerous animal or reptile 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 Town Clerk-Treasurer may issue a permit to the owner to keep such animal or reptile in the town limits. The annual permit fee shall be as set by the Town Board.
      (2)   The establishment of whether such animal or reptile is healthy, safe and tame as a pet shall be the responsibility of the owner of the animal or reptile by submitting written evidence to the Police Department. No permit shall be granted by the Clerk-Treasurer unless written approval of the evidence submitted by the owner is submitted to the Clerk-Treasurer in advance.
      (3)   For any animal or reptile so permitted as provided in this section, the owner agrees to accept full responsibility for the actions and behavior of such animal or reptile.
   (F)   The town may issue temporary permits for the keeping, care and protection of an infant animal or reptile native to the area which has been deemed to be homeless. The town shall have the power to release or order the release of any infant wild animal or reptile kept under temporary permit which is deemed capable of survival.
(Prior Code, § 4-160) Penalty, see § 95.99

§ 95.61 Livestock

   No livestock shall be kept within the town limits except for temporarily in a stockyard awaiting transportation, at a slaughterhouse awaiting slaughter, for show purposes or for treatment under the care of a licensed veterinarian, and at a location specifically approved for one or more such purposes by a resolution of the Board of Trustees.
(Prior Code, § 4-140) Penalty, see § 95.99

§ 95.62 Fowl And Rabbits

   Fowl and rabbits may be kept within the town provided that they are kept in a sufficient enclosure which is maintained in accordance with the provisions of § 95.03 hereof and which is maintained not closer than 20 feet to a lot line upon which is situated an inhabited dwelling, nor closer than 50 feet to any dwelling or inhabited building other than the owner’s.
(Prior Code, § 4-141) Penalty, see § 95.99

§ 95.63 Livestock, Fowl Or Rabbits At-large

   No person shall allow any livestock, fowl or rabbit to run or fly at-large or, in so doing, to trespass upon the premises of another or upon the streets and alleys of the town.
(Prior Code, § 4-142) Penalty, see § 95.99

§ 95.99 Penalty

   Persons convicted of violating the provisions of this chapter shall be punished as provided in § 10.99(A) of this code for each day upon which a violation continues.
(Prior Code, § 4-170)