The City of Weatherford shall regulate and prohibit animals running at large. The Board of Commissioners of the City of Weatherford may provide for pens, pounds, and buildings for the use of the municipality. They may also regulate and provide for taxing the owners and harborers of such animals, and may authorize the extermination of animals which are found at large in violation of this Chapter. (Reference: Title 11, 1991 O.S., Section 22-115.)
1.
It
shall be unlawful and an offense for any owner to permit any animals
(including chickens and other fowl) owned, harbored, or kept by him,
except a cat, to be at large.
2.
It
shall be unlawful and an offense for any person to:
a.
Keep, own, harbor or possess any animal within the corporate limits
of the city without providing a substantial and secure pen or fenced
in area in which said animal shall be confined (which pen or fenced
in area shall be sufficient in size that no sanitation or health problem
shall be created); or to
b.
Place an animal on a leash which permits the animal to reach or bite
any person who may be using the public thoroughfares of the city,
to reach beyond the limits of the lot or premises upon which said
animal is kept and confined, or to reach any person who may be rendering
necessary services to the premises where said animal may be kept,
harbored or possessed.
[Amended 3-30-2006, Ordinance
2006-40; 6-30-2023 by Ord. No. 2023-04]
1.
It
shall be unlawful and an offense for any person to keep any animals
within the corporate limits of the city except under those conditions
and provisions herein specified. If such conditions and provisions
are absent for a particular type of animal, said animal type shall
not be kept or harbored at any time within the corporate limits of
the City of Weatherford.
2.
No
swine shall be kept within the corporate limits of the city, except
temporarily in a stock yard awaiting transportation. No stallions,
jacks, or bulls shall be kept within the city.
3.
Every
structure wherein any authorized animal is kept within the corporate
limits of the city shall be constructed of such material and in such
a manner that it can be kept clean and sanitary at all times, and
it shall be maintained in said condition, devoid of rodents and vermin
and free from objectionable odors, in order to avert the creation
of a nuisance to the public health. Every such structure, if located
within 200 feet of any tenement, apartment house, hotel, restaurant,
boarding house, retail food store, building used for educational,
religious or hospital purposes, or residence (other than that occupied
by the owner or occupant of the premises upon which such animal is
kept), shall be provided with a watertight and fly-tight receptacle
for manure of such size as to hold all accumulations of manure. Such
receptacle shall be emptied sufficiently often and in such manner
as to prevent it from being or becoming a nuisance, and shall be kept
covered at all times, except when open during the deposit or removal
of manure or refuse. No manure shall be allowed to accumulate on the
premises except in such receptacle.
4.
A
fence made of three rails or boards of good substantial material fastened
to good substantial posts not more than 10 feet apart or any other
kind of fence, which, in the opinion of the Board shall be equivalent
thereto, shall be declared a lawful fence: Provided, that the lowest
or bottom rail, wire or board shall not be more than 20 inches from
the ground, and that such fence shall be 54 inches in height, except
that a barb wire fence may consist of three barb wires, or four wires,
two of which shall be barbed, the wires to be firmly fastened to the
posts not more than two rods apart, with two stays between the posts,
or with posts not more than one rod apart without such stays, the
top wire to be not less than 54 inches nor more than 58 inches in
height, and the bottom wire to be not more than 20 inches from the
ground: Provided, further, that all partition fences may be made tight
at the expense of the party desiring it, and such party may take from
such fence the material by him added thereto whenever he may elect:
And provided, further, that when the owner or occupants of adjoining
lands both use the fence for the purpose of restraining horses, cattle,
chickens, sheep, or goats, each of said owners or occupants shall
keep their respective share of the partition fence sufficiently tight
to restrain such animals. (Reference: Title 4, 1991 O.S., Section
154.)
5.
The
keeping or raising of bees within the corporate limits of the city
shall be permitted only on large-lots (over two acres), and only in
an Agricultural District as described by the Weatherford Zoning Ordinance.
No license or permit shall be required to keep or raise bees.
6.
The keeping and raising of horses, sheep and cattle shall be permitted only in an Agricultural District in the City provided that the premises are in accordance with the provisions of paragraphs 3 and 4 (above) and State and County Health Department requirements and standards. The keeping and raising of chickens (or similar fowl), shall be permitted within the City limits of the City subject to the general restrictions on the care and raising of chickens as stated in the provisions of Section 3-59.
7.
The
raising of parakeets and/or other small birds or similar fowl shall
be permitted within the city without license or permit requirements,
subject to the following provisions:
8.
The raising or keeping of dangerous birds shall be permitted, in accordance with the provisions of paragraphs 3 and 4 (above) and the license and permit requirements outlined in Section 3-33 of this Chapter.
9.
The raising or keeping of rodents, for any purpose, shall be permitted, in accordance with the provisions of paragraphs 3 and 4 (above) and the license and permit requirements outlined in Section 3-33 of this Chapter.
10.
The raising or keeping of rabbits shall be permitted, in accordance
with the provisions of paragraphs 3 and 4 (above).
11.
The keeping or raising of any wild animals shall be prohibited within the city except for those wild animals which may be under the care of traveling shows or circuses, and for which the license requirements of Section 3-33 of this Chapter are met and a permit obtained.
12.
The keeping as pets of other animals not specifically mentioned or
regulated within this Chapter, shall be subject only to such generally
applicable provisions requiring the maintenance of sanitary conditions
and the avoidance of a nuisance.
13.
It shall be unlawful for any person to keep, maintain or have in
his/her possession or under his/her control within the city limits
of Weatherford any venomous reptile or any other dangerous or carnivorous
wild animal or reptile, or any other wild or exotic animal.
a.
For the purpose of this section, a wild or exotic animal means an
animal which is usually not a domestic animal and which can normally
be found in the wild state, with or without mean or vicious propensities,
including, but not limited to, lions, tigers, leopards, panthers,
bears, wolves, alligators, crocodiles, apes, foxes, elephants, rhinoceroses,
and all forms of poisonous or venomous or large snakes, including
those considered dangerous such as boas and pythons known as constrictor
snakes (over six foot in length and/or 50 pounds in weight), lynxes,
raccoons, skunks, monkeys, and other like animals.
b.
This section shall not be construed to apply to zoological parks
or zoos, performing animal exhibitions or circuses licensed by the
city.
c.
This section shall not be construed to apply to educational or medical
institutions under strict and secure control of the governing body
of said institution as licensed by the city.
d.
The provisions of this section shall not apply to existing venomous
reptiles or wild or exotic animals which are kept, maintained or possessed
within the city prior to this section taking effect, or which come
under the jurisdiction of the city through annexation, if the owner
or keeper thereof gives written notice to the City Clerk within 30
days of the time when the keeping of the animal is under the jurisdiction
of the city. This notice shall include the existence, genus and species,
age and location of each animal, together with the provisions for
the confining thereof, and copies of all state and federal permits
which may exist or be required. Annually, the owner of any exempt
animal under this paragraph shall further provide the city a letter,
certificate, or other appropriate documentation from a qualified veterinarian,
or a fully accredited member of the Association of Zoological Parks
and Aquariums, or by the Oklahoma Wildlife Commission, or by the natural
resources that the exempt animal is being kept in conditions which
are adequate to any specific biological requirements necessary for
the animal's health and well being, and in a habitat which is not
cruel or abusive to the animal, provided that said venomous reptiles
or wild or exotic animals cannot be replaced upon death, sale, transfer
or loss of possession for any reason including escape.
In addition to any duties previously outlined, the owner of
any animal shall have the following additional responsibilities:
1.
It
shall be unlawful for any person knowingly, willfully or maliciously
to overdrive, overload, torture, destroy or kill, or cruelly beat
or injure, maim or mutilate, any animal in subjugation or captivity,
whether wild or tame, and whether belonging to himself or to another,
or deprive any such animal of necessary food, drink or shelter; or
who shall cause, procure or permit same; or who shall willfully set
on foot, instigate, engage in, or in any way further any act of cruelty
to any animal, or any act tending to produce such cruelty. (Reference:
Title 21, 1991 O.S., Section 1685.)
2.
It
shall be unlawful for any person to instigate or encourage a fight
between animals, or to keep a house, pit or other place used for fights
between animals. (Reference: Title 21, 1991 O.S., Sections 1682, 1683.)
It shall be unlawful for any person to open any enclosure in
which an animal is confined (as required by ordinance), so as to turn
such animal at large, or to in any other manner turn such animal at
large.
It shall be unlawful for any person to stake, confine or pasture
any animal on any public property (Federal, State, municipal or other),
or on any railroad right-of-way, without the consent of the proper
authorities.
1.
Any animal capable of transmitting the rabies virus shall be vaccinated
in accordance with the Oklahoma State Department of Health rabies
prevention guidelines that are in effect at the time of the vaccination.
2.
Any animal that bites, scratches, or in any way breaks the skin of
a human being shall be taken into immediate custody by the animal
control officer, or any officer of the city, and placed in the care
of a licensed veterinarian for observation for a period of time determined
by the Oklahoma State Department of Health officer in accordance with
the rabies prevention guidelines.
3.
Any person, firm, or corporation that knowingly violates, attempts
to violate, obstructs, or attempts to obstruct in any way, any officer
in enforcement of the provisions of paragraph 1 or 2 of this section
shall be guilty of an offense against the City of Weatherford.
4.
Any animal placed in the care of a licensed veterinarian for observation
shall be at the expense of the owner of said animal. When the owner
of said animal is unknown the city shall bear the expense of the observation
period.
5.
During such period of rabies quarantine, every animal bitten by an
animal adjudged to be rabid shall be destroyed forthwith; or, at the
owner's expense and option, shall be treated for a rabies infection
by a licensed veterinarian; or, shall be held under six 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.
6.
No person shall remove from the City of Weatherford, 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; the Animal Control Officer shall direct disposition of said
animal. No person shall refuse to surrender any animal for quarantine
or destruction when such demand is lawfully made by the Animal Control
Officer.
7.
It shall be the duty of every person owning or harboring any dog
or cat which is six months old or older within the corporate limits
of the City of Weatherford to obtain a rabies vaccination certificate
from a graduate licensed veterinarian, or agent authorized by the
Board of Commissioners, showing that the vaccination has been made,
date of vaccination, by whom and the date when such vaccination shall
expire.
8.
Failure to abide by the municipal vaccination requirements within
15 days of establishing residency within the City of Weatherford shall
be unlawful.
Every female dog or cat in heat shall be confined in a building
or secure enclosure in such a manner that such animal cannot come
into contact with another animal, except for planned breeding.
The Animal Control Officer, his designated representatives or any law enforcement officer of the city shall be required to kill any animal running loose within the corporate limits of the City of Weatherford, which is determined by the Animal Control Officer or law enforcement officer to be vicious or crazed and a threat to the public health and safety, and which animal is found running at large without being restrained in a pen or on a leash, without keeping said animal in the Municipal Pound for any period of time. (Reference: Title 11, 1991 O.S., Sections 22-115.)
1.
It shall be unlawful for any person or persons to maintain a pet
shop or kennel, including boarding kennel, for business, unless such
owner shall first pay to the City of Weatherford, an occupation tax
as established by the Weatherford City Commission and obtain from
the City Clerk a license. Said license, issued by the City Clerk,
shall be posted at all times and shall be in lieu of all other registration
fees prescribed, provided that all animals in such a kennel or shop
shall, at all times, be confined on the premises. Should animals belonging
to such owner or keeper be allowed off the premises, the owner or
keeper shall pay the same tax and registration fee as required for
all animals not kept under this provision.
2.
Pet shops and kennels shall be maintained in a clean and sanitary
condition at all times, and shall be subject to inspection by the
Animal Control Officer at any reasonable time.
3.
All pet shops and kennels, excluding private boarding kennels, shall:
a.
Maintain records and retain such records for a two-year period on
all animals maintained in such facility. Such records shall show type/breed,
color, markings, sex, age, date and source of the animal, period for
which the animals is maintained, date of disposition of the animal
(including the name and address of the new owner), and disease prevention
and/or treatment and by whom;
b.
Provide general environmental conditions to assure adequate physical
space for such animal, control of parasites, clean food and water,
weather protection, and clean and sanitary facilities; and
c.
Provide cages and pens of easily cleanable materials, if used for
confinement, and keep such cages and pens clean and sanitary.
4.
Any person, firm or corporation operating a private boarding kennel
shall maintain such kennel in a sanitary condition and shall be subject
to the provisions of this Code of Ordinances and any future zoning
ordinance.
5.
No pet shop, kennel, private boarding kennel, stable, coop, or other
establishment wherein animals are kept shall be maintained closer
than 40 feet to any tenement or apartment house, hotel, restaurant,
boarding house, retail food store, building used for educational,
religious or hospital purposes, or residence, other than that occupied
by the owner or occupant of the premises upon which such animal is
kept.
1.
The local or county Health Officer, or any member of the Board of
Commissioners, upon complaint of any person or on his own initiative,
shall inspect, or cause to be inspected, any structure or place wherein
an animal is kept.
2.
The local or county Health Officer may issue any such reasonable
order as he may deem necessary to the owner of such animal, to cause
such animal to be kept as provided in this Chapter or in a manner
so as not to constitute a nuisance.
3.
The local or county Health Officer may make a complaint before the
Municipal Judge against any person for violation of any provision
of this Chapter or for any such reasonable order, but this shall not
abridge the right of others to make such complaints.
In case of conflict between this Chapter and any future zoning
ordinance, the provisions of the zoning ordinance shall prevail and
supersede the provisions of this Chapter.
