Animals – Article 03. Dogs and Cats

Section 3-7. Tag And Collar.

Every owner is required to see that the vaccination tag issued pursuant to Section 3-8 hereof is securely fastened to the dog’s or cat’s collar, choke chain or harness, which must be worn by the dog or cat at all times.

Section 3-8. Vaccination Against Rabies.

It shall be unlawful for any person, firm, association or corporation to own, keep or harbor any dog or cat. male or female, over the age of six (6) months of age within the corporate limits of the Town of Tryon, Oklahoma, unless such dog or cat has been immunized by vaccination against rabies, provided such vaccination shall be current pursuant to the requirements of the Statutes of the State Of Oklahoma The above shall not apply to any dog or cat over the age of six (6) months which is brought into the Town of Tryon for which the owners, keeper, or harborer can furnish a certificate from a duly licensed veterinarian showing that such dog or cat has a current vaccination against rabies.
Such vaccination shall be performed by or under the supervision of a graduate veterinarian, licensed to practice veterinary medicine within the State of Oklahoma.
Upon payment of the veterinarian’s fee. the veterinarian shall deliver to the owner, keeper or harborer of each dog or cat vaccinated, a metallic or plastic tag showing that the said dog or cat has been vaccinated.
Any person, firm, or corporation, owning, keeping or harboring any dog or cat that has not been vaccinated as herein provided, within the Town of Tryon Oklahoma, shall be guilty of an offense and punished accordingly.

Section 3-9. Confinement Of Certain Dogs.

The owner shall confine within a building or secure enclosure, every fierce, dangerous, or vicious dog, and not take such a dog out of the building or enclosure unless the dog is securely muzzled.
Every female dog in heat shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such a manner that the dog cannot come in contact with a male dog except for breeding purposes. In which event, such dogs shall be in some enclosure place entirely out of public view.
If at any time the animal shows aggression, the owner gets one warning. After that one warning if the dog shows any signs of aggression the dog must be permanently removed from city limits.

Section3-10. Impoundment.

Any dog or cat found running at large in the Town of Tryon, Oklahoma, and not having attached to its collar, choke chain, or harness the vaccination tag and city tag required herein shall be immediately impounded.
Immediately upon impounding any dog or cat the animal control officer shall make every reasonable effort to notify the owner of the dog or cat so Impounded, and inform the owner of the dog or cat so impounded, and inform the owner of the conditions whereby he may regain custody of the dog or cat.
After the expiration of the three (3) day detention period, as aforesaid. the animal control officer may humanely destroy, or as set forth in Section 3-8 hereof, may sell and transfer title to any dog or cat impounded under this Section and not redeemed by its owner. The animal control officer may transfer title to any dog or cat held by the city at the animal shelter to a competent person after the legal detention period herein referred to has expired, and the dog or cat has not been claimed by its owner. In the event of such a transfer of title, it is expressly understood that the new owner shall pay for each such animal’s food until it shall be removed from the city animal shelter. Removal of any dog or cat from the arty animal shelter under the provisions hereof shall be prima facie evidence that said or cat is owned by the person so removing it.

Section 3-11. Control Of Dogs.

The owner or keeper of every dog within the Town of Tryon shall keep his dog under control at all times and shall not permit the dog to be at large or off the property or premises of the owner, unless under the control of a competent person or on a leash restraint.

Section 3-12. Impoundment Fees.

Any dog or cat impounded hereunder may be reclaimed as herein provided upon payment by the owner to the animal control officer of an impounding fee in the following amounts.
1. First impoundment within a one-year period $50.00 per citation
2. First impoundment within a one-year period $150.00 per citation
3. First impoundment within a one-year period $300.00 per citation
4. First impoundment within a one-year period $450.00 per citation

Any impoundments thereafter within a one-year period $500.00 per impoundment.

Such impoundment fees, after collection, shall be delivered by the animal control Officer the Town Clerk of the Town of Tryon, Oklahoma.

Section 3-13. Rabies Control.

Pursuant to the authority contained in Title 63 Section 1 -508 of the Oklahoma Statutes, the purpose of these sections is to protect public health by establishing uniform rules for the prevention and control of zoonotic diseases in the State of Oklahoma.
The following words and terms, when used in this Chapter, shall have the following of Tryon, Oklahoma.

“Animal Control Officer” means the animal control officer or a police officer of the Town of Tryon, Oklahoma.
“Animal” means any warm-blooded animal.
“Cat” means any Felis catus.
“City” means the Town of Tryon, Oklahoma.
“Currently vaccinated” means properly immunized by a licensed veterinarian with a vaccine licensed and approved by the United States Department of Agriculture for use in that animal species, or meeting conditions specified in OAC 310:599-3-9. The vaccine must have been given at appropriate time intervals for the age of the animal and the type of vaccine administered.
“Department” means the Oklahoma State Department of Health.
“Department designee” means an employee of the Oklahoma State Department of Health, or a county health department, who is acting within their scope of rabies control authority designated through the Commissioner of Health
“Dog” means any Canis familiaris, excluding hybrids.
“Domestic animal” means a companion animal including dogs, cats, and ferrets; an equine animal; or a livestock animal.
“Euthanize” means the humane killing of an animal generally performed by a veterinarian, or personnel at an animal control facility under the indirect supervision of a veterinarian.
“Exposure to rabies” means a bite or physical contact with the saliva or other potentially infectious tissues from an animal confirmed or suspected of being infected with rabies
“First-party ownership” means a situation where the owner of a biting animal is directly related to the bite victim, that is parent-child, sibling-sibling, grandparent-child; or when the legal residence of the animal owner and the bite victim are the same.
“Hybrid” means an offspring of two animals of different species.
“Quarantine” means physical confinement of an animal during a specified time period when the animal is monitored for the development of disease. During this time period, the animal is prevented from having contact with other animals, and human contact is limited to as few caretakers as possible.
“Rabies” means an acute viral disease of humans and warm-blooded animals that affects the central nervous system and is usually fatal.
“Recognized zoological park” means any member of the American Association of Zoological Parks
“Wild animal” means an animal considered wildlife; any animal not normally adapted to live in Intimate association with humans not raised for consumption by humans
“Zoonotic disease” means a disease that is transmissible from animals to humans under natural conditions.

Section 3-14 Confinement.

Any person or entity owning, harboring, or keeping a dog or cat which, in the preceding ten (10) days has bitten any person shall upon receipt of written notice by the Town of Tryon place such dog or cat in confinement under the supervision of a licensed veterinarian for a period of ten (10) days from the date the person was bitten. The impoundment and observation of the dog or cat shall be conducted at the veterinarian’s facility, or an animal control facility under contract or letter of agreement that identifies the licensed veterinarian responsible for the rabies quarantine. Unvaccinated animals shall be vaccinated against rabies on the final day of the ten (10) day observation period prior to discharge from the veterinarian’s supervision.
Exceptions to this rule include the following circumstances:
1. Dogs or cats involved in first-party ownership will be allowed to be securely confined and closely observed at the owner’s home for a ten (10) day period immediately following the bite. This exception will be allowed when it is determined by the Animal Control Officer that the conditions for secure confinement and animal supervision can be met by the responsible first party.
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 not be required to be placed in quarantine at the discretion of the Animal Control Officer.
3. 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.
It shall be the duty of the veterinarian in whose supervision the dog or cat is placed to keep the dog or cat isolated and secured in a separate cage or kennel and under observation for any symptoms of rabies. The veterinarian shall report immediately to the Animal Control Officer any changes occurring in the condition of the dog or cat. In the event the dog or cat dies, or develops rabies-like symptoms within the specified period of confinement, the dog or cat head shall be removed immediately and packed in a shipping container in accordance with instructions published on the rabies laboratory form, ODH Form 460, and sent to the State Department of Health Laboratory, Oklahoma City, Oklahoma, for rabies testing.
In special circumstances involving a bite to any person, the Animal Control Officer has the authority to require the immediate euthanasia of a specified dog or cat for the performance of rabies diagnostics. Special circumstances” refers to multiple and severe bite wounds, or deep punctures or lacerations to the face, head, or neck. Such a requirement for euthanasia will be made following the investigation of the bite report by the Animal Control Officer.

Section 3-15. Disposition

The final decision for animal destruction, quarantine, or other disposition of any animal other than a dog or cat that bites a person, or otherwise potentially exposes a person to rabies shall be determined through the Police Department of the Town of Tryon. The decision will consider, but not be limited to:
1. The epidemiology and risk of rabies in the species of animal in question:
2. Possible prior exposure to a rabies vector;
3. Behavior of the animal at the time of the bite;
4. Prior rabies vaccinations; and
5. Other circumstances that may exist.
In some situations, the Animal Control Officer will consider the initiative and willingness of the individual so exposed to submit to post-exposure anti-rabies Immunization after being adequately informed of all potential risks.
Any biting animal determined to be at significant risk for the transmission of rabies shall, upon order by the Animal Control Officer, or a specifically designated representative, be humanely killed and the brain tissue submitted to the State Department of Health laboratory for rabies testing.
The Town of Tryon has the authority to order the quarantine of an animal, determined to be at very low risk for the transmission of rabies, for a thirty-day (30) observation period as an alternate method to euthanasia and testing.

Section 3-16. Exposure To Rabies

Any domestic animal that is currently vaccinated against rabies and is exposed to a rabid animal shall be immediately re-vaccinated and isolated, by leashing or confinement under the owner’s supervision, for a period of at least forty-five (45) days.
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 rabies control officer or his/her agent; or
2. Placed in strict quarantine and observed for a period of (6) months under the supervision of a veterinarian, either at a veterinary facility or an approved local animal control facility. Such dogs, cats, or ferrets shall be vaccinated against rabies approximately thirty (30) days prior to release from quarantine.
3. Any livestock or equine animal which is not currently vaccinated and is exposed to a rabid animal will be managed according to the most current Compendium of Animal Rabies Control published by the National Association of the State Public Health Veterinarians, lNC.
An unvaccinated dog, cat, or other domestic animal which is exposed to a skunk, bat, or other animal suspected of being rabid where the biting animal has escaped and or is not available for laboratory testing, shall be considered exposed to rabies and shall be dealt with according to Section OAC Section 310:599-3-6.
If a domestic animal has been bitten or directly exposed to a rabid animal, a record of vaccination by a veterinarian must be provided to determine that animal to be currently vaccinated. Veterinarians shall be required to keep a record of rabies vaccinations for a minimum period of three years. This record must include: name, address, and telephone number of the owner of the animal; date of vaccination; animal Identification; brand name of vaccine used, expiration date, and producer of vaccine.
1. It is prohibited for anyone to administer a rabies vaccine to any animal unless said vaccine is licensed for use in the particular animal species in question. Exceptions to this include:
  1. the vaccination of wolf-dog hybrids with a rabies vaccine approved for dogs; or
  2. use at recognized nonprofit zoological parks, or research institutions; or
  3. Special approval by the Chief of Police permitting the vaccination in a particular species where the preponderance of scientific literature suggests vaccine efficacy, and vaccine usage is determined to protect public health and safety.
2. Animals vaccinated per these exceptions will still be considered a wild animal species if involved in a bite to a person and will be handled according to OAC 310;599-3-4.
3. Rabies vaccines presently licensed are listed in the most current Compendium of Animal Rabies Control published annually by the National Association of State Public Health Veterinarians.
When a veterinarian provides the service of head removal and preparation of any animal specimen for rabies testing, it shall be the responsibility of the veterinarian to properly dispose of the body remains of the rabies suspect animal in a manner that will prevent any potential future exposure by any person or other animal to that animal’s tissues. The veterinarian is entitled to charge and collect the usual and customary fees for the disposal service.
1. Payment of daily boarding fees, or any costs incurred to the veterinarian and or animal control facility to comply with OAC 310:599-3-1, 310:599-3-6 shall be the responsibility of the person or entity owning, keeping, or harboring the dog, cat or other domestic animal.
2. Payment of fees incurred in the cost of euthanasia and submission of an animal for rabies testing, or any other fees incurred to comply with OAC 310:599-34 or 310:599-3-6 shall be the responsibility of the person or entity owning, keeping, or harboring the animal. If the animal is a stray dog, cat, or wild animal without a custodian, the bite victim or their legal guardian, shall be responsible for payment.
When an examination report gives a positive diagnosis of rabies, the Animal Control Officer may recommend to the Board of Trustees city-wide quarantine for a period of thirty-days (30); and upon the invoking of such quarantine by the Board of Trustees, no animal shall be taken into the streets during such period of quarantine, such period of quarantine may be extended for an additional period.
During such period of rabies quarantine herein mentioned, every animal bitten by an animal that has been adjudged rabid, shall be forthwith destroyed.
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 a human except as herein provided; nor remove the same from the city limits without written permission from the Animal Control Officer.
The carcass of any dead animal exposed to rabies shall upon the demand be surrendered to the Animal Control Officer.
The Animal Control Officer shall direct the disposition of any animal found to be infected with rabies.

Section 3-17. Offenses.

It is unlawful for any person to:

Unlawfully remove the metallic license tag without the owner’s consent;
Own, possess, keep, or harbor any dog that by loud and frequent howling, yelping, or other noises, causes annoyance or disturbance to any of the citizens of the city.
Allow the yard, pen or other confine where a dog is kept to become filthy or unsanitary.
Interfere with, hinder, or molest the Animal Control Officer in the performance of any duty of such agent, or seek to release any dog or cat in the custody of the Animal Control Officer except a herein provided.
Use for any dog a license, receipt, or license tag issued for another dog or cat.
Own, keep, harbor, or allow to remain on premises under his control more than five (5) dogs, provided that for purposes of this defined as a canine animal age, six (6) months or older.
Failure or refusal to deliver upon demand to the Animal Control Officer of the Town of Tryon or any person property designated by the Board of Trustees, any unlicensed dog vicious dog, a dog suspected of rabies or found off the premises of its owner and not under leash or under the control of a competent person.
Abandon or desert any dog or cat or permit a cat or dog to become a stray.

Section 3-18. Investigation Destruction Of Vicious Dogs.

For the purpose of discharging the duties imposed by this article and to enforce its provisions, the Animal Control Officer or any police officer, is empowered to enter on premises upon which a dog or cat is kept or harbored and to demand the exhibition by the owner of the tag or receipt for such dog or cat. It is further provided that the Animal Control Officer may enter the premises where any dog is kept in a reportedly cruel or inhumane manner and demand to examine such dog and take possession of such dog when, in his opinion, the dog requires humane treatment.
Any person may kill a dog in self-defense or in defense of another when the dog, without provocation, bites him or the other, or attacks, or attempts to bite or attack, him or the other in such a manner that an ordinarily prudent person would be led to believe that the person toward whom the efforts of the dog are directed is about to be bitten or otherwise physically harmed.
If at any point a dog has destroyed someone’s personal property the dog owner is responsible for that destruction.

Section 3-19. Records

It is the duty of the Chief of Police to keep, or cause to be kept, accurate and detailed records of the impoundment of disposition of all dogs and cats coming into his custody.
It is the duty of the court clerk/town clerk to keep, or cause to be kept, accurate and detailed records of all monies belonging to the Town of Tryon.

Section 3-20. Cruelty Prohibited.

It shall be unlawful for any person to overdrive, overload, drive when overloaded, overwork, torture, torment, deprive of necessary sustenance or water, or cause or procure an animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured tormented or deprived of necessary sustenance or water, cruelly beaten, mutilated, or killed, or not provide an animal adequate shelter and protection from the weather.

Town of Tryon