§ 101. Offenses.

A.

It shall be an offense under the terms of this chapter for any owner within the corporate limits of the City of Tulsa to:

1.

Own, keep, possess, harbor or allow to remain on premises under his control any dog or cat over four (4) months old, unless such dog or cat has a current license and a current vaccination against rabies as required in this title;

2.

Fail to prevent any dog or cat owned, possessed, kept or harbored by him from running or being at large, whether such dog or cat is licensed or unlicensed; provided, however, that it shall be permissible:

a.

for a dog to be led off the premises of its owner when under leash or obediently at heel;

b.

for a police dog not to be under leash or obediently at heel while being utilized as a police dog in the performance of police duties and when accompanied by a police officer; or

c.

for a dog to not be under leash within an off-leash park area designated by the Park and Recreation Board of the City of Tulsa.

d.

for a dog to not be under leash within any public off-leash area designated by the Public Works Department of the City of Tulsa, or its successor department.

3.

Deposit any live dog, cat or other domestic animal along any private or public roadway or in any other private or public place with the intention of abandoning the domestic animal;

4.

Harbor, keep or have possession of any vicious animal. Every person violating this subparagraph 101.A.4 shall be guilty of an offense and, upon conviction, shall be punished by imprisonment in the City jail for a period of not exceeding six (6) months or by a fine of not more than One Thousand Two Hundred Dollars ($1,200.00), excluding costs, fees and assessments, or both such fine and imprisonment;

5.

Harbor, keep or have possession of any animal which is a nuisance. Every person violating this subparagraph 101.A.5 shall be guilty of an offense and, upon conviction, shall be punished by imprisonment in the City jail for a period of not exceeding thirty (30) days or by a fine of not more than Five Hundred Dollars ($500.00), excluding costs, fees and assessments, or both such fine and imprisonment;

6.

Fail or refuse to deliver to WIN or to the Chief of Police upon demand any unlicensed dog or cat, vicious animal, animal which is a nuisance, rabies-suspected animal, dog or cat found at large, or any animal the keeping or harboring of which is declared to be an offense. Every person violating this subparagraph 101.A.6 shall be guilty of an offense and, upon conviction, shall be punished by imprisonment in the City jail for a period of not exceeding six (6) months or by a fine of not more than One Thousand Two Hundred Dollars ($1,200.00), excluding costs, fees and assessments, or both such fine and imprisonment;

7.

Remove or fail to affix or attach to collars or harnesses worn by dogs or cats a current license tag as provided in this chapter, unless the dog or cat is permanently and uniquely identified with a microchip implant or tattoo. Every person violating this subparagraph 101.A.7 shall be guilty of an offense and, upon conviction, shall be punished by a fine not exceeding Two Hundred Dollars ($200.00), excluding costs, fees and assessments;

8.

Keep, possess, own, harbor or exhibit any animal wild by nature except as an exhibition complying with all aspects of federal laws and regulations and Oklahoma laws and regulations applicable to exhibition of animals wild by nature;

9.

Fail or refuse to keep every female dog or cat "in heat" confined in a building or secure enclosure or in a veterinary hospital or boarding kennel in such a manner that another dog or cat cannot come into contact with it except for controlled breeding purposes. Every person violating this subparagraph 101.A.9 shall be guilty of an offense and, upon conviction, shall be punished by a fine not exceeding Two Hundred Dollars ($200.00), excluding costs, fees and assessments;

10.

Interfere or hinder WIN, the Director of Finance, Chief of Police, or Director of Health from performing his duties as set forth herein. Every person violating this subparagraph 101.A.10 shall be guilty of an offense and, upon conviction, shall be punished by imprisonment in the City jail for a period of not exceeding six (6) months or by a fine of not more than One Thousand Two Hundred Dollars ($1,200.00), excluding costs, fees and assessments, or both such fine and imprisonment;

11.

Release, other than by the owner, any animal from its confinement at any exhibition or sporting event; or release any animal from their home housing or yard;

12.

Allow an animal to defecate (without the owner, keeper or harborer removing the excreta deposited) on public or private property other than that of the owner. Every person violating this subparagraph 101.A.12 shall be guilty of an offense and, upon conviction, shall be punished by a fine not exceeding Two Hundred Dollars ($200.00), excluding costs, fees and assessments;

13.

Own or harbor any animal or fowl primarily or in part for the purpose of fighting, or any animal or fowl trained for such; or any person to place or attempt to place an animal or fowl in an enclosure or in any other place for the purpose of fighting or combat; or any person to promote, stage, hold, manage, conduct, be umpire, judge or spectator at any game, exhibition, contest or fight in which an animal or fowl is used for the purpose of fighting, injuring, killing, maiming or destroying any other animal or fowl;

14.

Harbor, keep or possess in any one (1) household more than a combined total of five (5) dogs and cats over the age of four (4) months; provided that no more than three (3) of such animals shall be dogs over the age of four (4) months. It is specifically provided a household may keep or possess more dogs and/or cats than permitted by this paragraph so long as:

a.

Immediately prior to January 1, 1998, the household legally possessed more than the number of dogs and/or cats permitted by this paragraph; and

b.

Those dogs and/or cats were licensed according to the provisions of this chapter; and

c.

The dogs and/or cats kept or possessed are the same such animals that were kept or possessed pursuant to (a) and (b) of this paragraph; or

d.

The household or an individual in the household has secured a hobbyist exemption as required by this chapter.

Every person violating this subparagraph 101.A.14 shall be guilty of an offense and, upon conviction, shall be punished by imprisonment in the City jail for a period of not exceeding thirty (30) days or by a fine of not more than Five Hundred Dollars ($500.00), excluding costs, fees and assessments, or both such fine and imprisonment;

15.

Harbor, keep or possess domestic honeybees otherwise permitted by this chapter unless the bees are maintained as follows:

a.

No more than four (4) hives shall be maintained for each one-quarter (¼) acre or less of lot size on any lot; and

b.

No hive shall be maintained within twenty (20) feet of any lot line of the lot on which said hive is located; and

c.

Between each hive and the neighboring lot in the direction of the hive entrance the hive owner shall maintain a hedge or a screening fence of at least six (6) feet in height, to be located within twenty (20) feet of such lot line, and to extend the entire length of such lot line; and

d.

A supply of clean water must be furnished within twenty (20) feet of each hive at all times between March 1 and October 31 of each year; and

e.

Hive owners shall inspect each hive not less than four (4) times between March 1 and October 31 of each year. A written record including the date of each such inspection shall be maintained by the owner and shall be made available to WIN upon request.

f.

Any commercial use of the property on which bees are maintained shall be conducted in accordance with Title 42.

16.

Violate any of the provisions of Section 110 of this title;

17.

Harbor, keep or possess a dog or cat over the age of six (6) months, other than a dog owned and used by the Police Department of the City as a police dog, which has not been spayed or neutered, unless the owner has secured a hobbyist exemption permit as required in this chapter or unless the dog or cat was licensed as required by this chapter prior to January 1, 1998, and has continuously maintained such license. In the event an owner of a dog or cat over the age of six (6) months is unable to produce a current license or license tag for his dog or cat as required by this chapter, a rebuttable presumption is created that the dog or cat has not been spayed or neutered. Every person violating this subparagraph 101.A.17 shall be guilty of an offense and, upon conviction, shall be punished by a fine not exceeding Two Hundred Dollars ($200.00), excluding costs, fees and assessments;

18.

Harbor, keep or possess any animal which, while not confined on the premises of its owner, does bite, chase or attack any person or animal without provocation. Provided, this subsection shall not apply to any police dog while being utilized in the performance of police duties and accompanied by a police officer. Every person violating this subparagraph 101.A.18 shall be guilty of an offense and, upon conviction, shall be punished by imprisonment in the City jail for a period of not exceeding six (6) months or by a fine of not more than One Thousand Two Hundred Dollars ($1,200.00), excluding costs, fees and assessments, or both such fine and imprisonment.

B.

It further shall be an offense under the terms of this chapter for a releasing agency within the corporate limits of the City of Tulsa to release for adoption an animal that has not been surgically spayed or neutered, unless the adopting party signs an agreement to have the animal sterilized, and deposits funds with the releasing agency to ensure that the adopted animal will be spayed or neutered. Every person violating this Subsection 101.B shall be guilty of an offense and, upon conviction, shall be punished by imprisonment in the City jail for a period of not exceeding thirty (30) days or by a fine of not more than Five Hundred Dollars ($500.00), excluding costs, fees and assessments, or both such fine and imprisonment.

(Ord. Nos. 16854, 19038, 19143, 19424, 19571, 21856; Ord. No. 21979, § 1, 12-18-2008; Ord. No. 22107, § 1, 8-6-2009; Ord. No. 22431, § 1, 5-12-2011)