§ 5-30. Disposal of animals not retrieved by owners; adoption or rescue of animals (dogs, cats); sterilization of adopted dogs, cats.

(a)

Any animal which is impounded by the city pursuant to the provisions of this article shall either be retrieved by its owner, adopted or rescued by new owners, or destroyed in a humane manner. In the event an animal is taken into custody by the 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 animal control supervisor may either order its destruction or its treatment if the ownership of such animal cannot be determined within a reasonable period of time. Should such ownership be determined, the injured/disabled or treated animal shall be promptly delivered over to such owners provided all the other provisions of this chapter, any reimbursement for treatment by a veterinarian, or any agreements for shelter operations have been met.

(b)

Any dog or cat impounded under the provisions of this chapter shall be held and cared for at the animal shelter for a period of not less than five (5) full days after acquiring the animal, not including the date of acquisition and excluding time in transit. This holding period shall include at least one (1) Saturday. Any other animal impounded under the provisions of this chapter shall be held and cared for at the animal shelter for a period of not less than three (3) days. Any dog, cat, or other animal which is not reclaimed by its owner after the proper holding period may be adopted, rescued or destroyed in compliance with state law. New owners will be required to sign an adoption or rescue agreement and pay an adoption fee for each animal adopted and to comply with the Dog and Cat Sterilization Act codified in the Oklahoma Statutes as 4 O.S. § 499 et seq.

(c)

The animal control supervisor or his designee shall make the determination of which animals are adoptable. Any dog that has either been surrendered by its owner upon a complaint of "vicious animal" or which has been determined by the municipal court to be "vicious," "potentially dangerous" or "dangerous," shall not be available for adoption or rescue.

(d)

Prior to adoption or rescue, a person who wants to adopt or rescue any dog, cat or other animal impounded under the provision of this chapter shall provide a photo identification to verify proper age of eighteen (18) years of age or older, and a rescue organization shall provide proof that it is qualified as a 501c(3) organization. These requirements are considered adoption standards of the city as a releasing agency as allowed by 4 O.S. § 499.8.

(e)

In addition to the adoption fee, prior to adoption or rescue, the adopting party shall pay a sterilization fee and sign a sterilization agreement. The funds deposited with the animal shelter shall be refunded to the adopting party upon the adopting party's presentation of a written statement signed by a licensed veterinarian that the adopted animal has been spayed or neutered. However, no refunds shall be made unless the animal was spayed or neutered within sixty (60) days of adoption, in the case of adult animals; or in the case of infant animals, within thirty (30) days of the date a female animal attained the age of six (6) months, or a male attained the age of eight (8) months. If the adopting party is a qualified 501c(3) rescue organization, the party is not required to pay the sterilization fee but must sign prior to release a sterilization agreement in substantially the form set forth in 4 O.S. § 499.4. In the event an animal control officer is provided with proof that his rescue organization failed to have the animal spayed or neutered as promised, the animal control officer is authorized to refuse future rescue of any animals by this specific rescue organization.

(f)

The sterilization agreement to be used by the animal shelter shall be in substantially the form set forth in the Dog and Cat Sterilization Act codified in 4 O.S. § 499.

(g)

Upon presentation of a written report from a licensed veterinarian stating that the life or health of an adopted animal may be jeopardized by surgery, the animal shelter shall grant a thirty-day extension of the period within which the spay or neuter surgery would otherwise be required. Further extensions may be granted upon additional veterinary reports stating their necessity.

(h)

If requested to do so, the animal shelter shall grant a thirty-day extension to the period within which the spay or neuter surgery would otherwise be required. Further extensions may be granted upon additional veterinary reports stating their necessity.

(i)

Funds which have been forfeited by adopting parties shall be placed in a separate account, which shall be an interest-bearing account whenever feasible, and the animal shelter shall allocate funds from the account to programs which directly promote, subsidize or otherwise reduce the cost of spaying or neutering animals of the releasing agency. The animal shelter shall maintain accurate records of accounts which fund spay/neuter programs.

(j)

The provisions of the Dog and Cat Sterilization Act shall not be construed to require the sterilization of dogs and cats which are being held in releasing agencies which may be claimed by their rightful owners; nor shall it be construed to require the sterilization of dogs and cats held pursuant to the provisions of 4 O.S. §§ 391—412.

(k)

Failure to comply with the provisions of the Dog and Cat Sterilization Act shall constitute either a public or private nuisance. Any person may maintain a civil action to enjoin the continuance of the private nuisance. The public nuisance may also be abated by any public body or officer authorized by law to do so.

(Ord. No. 2018-01, § XX, 1-2-18)