§ 107. Vicious animal.

A.

It shall be the duty of WIN and the Chief of Police to investigate any proper claim that an animal is vicious within the meaning of this chapter. Should the investigating official determine that a vicious animal poses an immediate threat to the public health or safety, he shall immediately seize and impound the animal, or otherwise seek an order from the court that the animal be impounded. The matter shall be referred to the City Attorney for approval of a verified complaint requesting a finding by the court that the impounded animal is vicious and aid in the proceedings instituted in the Municipal Criminal Court against any person for harboring a vicious animal.

B.

If the court shall fail to find, upon a preponderance of the evidence presented in an evidentiary hearing, that the animal seized and impounded is a vicious animal, then the court shall order WIN to return the animal to its owner. If such animal is found by the court to be a vicious animal, the court shall order WIN to euthanize the animal.

C.

At the option of the owner, but subject to the approval of WIN, an animal impounded pursuant to this section may be confined in a private kennel or veterinary clinic during the pendency of the vicious animal action. The operators of the facility shall then assume full liability for the confinement and maintenance of such animal and shall not release it without first being authorized by WIN or the court. All fees for such impoundment shall be the responsibility of the owner. In no event shall the City of Tulsa be liable for costs or fees charged by the private facility. Further, the City may assess to the owner the cost of transporting the animal to the privately operated impoundment facility.

(Ord. Nos. 19038, 19143, 19424; Ord. No. 21979, § 1, 12-18-2008)