§ 109. Notice of impoundment; reclaiming; disposal of animals; and fees.

A.

Notice of impoundment. WIN is authorized to impound any animal which is in violation of any section of this chapter or which may be donated to the Animal Shelter for disposition.

When the owner of the animal is known, the owner shall be notified of the impoundment. Notice shall be attempted by telephone within a forty-eight (48) hour period from the initiation of the impoundment. Without regard to the success in giving notice by telephone, a certified letter is to be mailed to the owner's or keeper's address within the same forty-eight (48) hour period. Licensing records, including the owner's name, address, telephone number and daytime telephone number or an emergency telephone number shall be readily accessible to the official responsible for such notifications.

B.

Time for reclaiming animals. An animal may be reclaimed within the following times: within five (5) days from the initial impoundment, if the animal is licensed and the owner is readily identifiable, or three (3) days from notice of impoundment, whichever is longer. If the owner is not known, the animal shall be held for three (3) days before it becomes the property of the City of Tulsa and is disposed of as provided herein.

C.

Requirements for reclaiming animals. An animal may be reclaimed by meeting the following requirements:

1.

If an animal is not licensed and this chapter requires licensing, after the payment of the licensing fees and penalties as set forth herein and satisfying all other requirements of this section;

2.

If the animal is licensed, or if a license is not required by this chapter, by paying the impoundment fees and satisfying all other requirements as set forth herein; and

3.

If the animal is not spayed or neutered and this chapter requires spaying or neutering, after signing an agreement to spay or neuter the animal within sixty (60) days or forfeit a One Hundred Fifty Dollars ($150.00) deposit, payable at the time of reclaiming; and

4.

If the animal must be vaccinated for rabies before release, the person reclaiming the animal shall pay all fees for the vaccination.

D.

Fees. The following fees are established to reclaim an animal:

1.

An impoundment fee of Twenty Dollars ($20.00) for all small animals;

2.

An impoundment fee of Seventy-Five Dollars ($75.00) for all large animals;

3.

A daily fee for each day, which begins at 12:01 a.m., or part of a day, of Ten Dollars ($10.00).

No animal shall be released without the payment of the fees and charges listed above and without satisfactory proof of ownership. The payment of these fees and charges shall not constitute a defense to any prosecution that may be instituted for the violations of the terms of this title.

Provided, however, no fees shall be charged for any licensed animal surrendered to the owner on acquittal or dismissal of charges of keeping, possessing, owning or harboring such animal as a nuisance or as a vicious animal.

Provided, further, no person shall be entitled to reclaim any animal found to be a nuisance, rabid, rabies suspected or vicious, except as provided herein.

E.

Animals not reclaimed within time limits. Animals not reclaimed within the time limits set forth in this section shall, at the option of WIN, be euthanized or disposed of in one (1) of the following manners.

1.

Animals reclaimed by owners. Animals may be reclaimed by the owner upon payment of all fees and charges established by this section.

2.

Adoption of dogs and cats. Dogs and cats may be released for adoption, provided that the adopting party pays required fees and charges as set forth herein, and further provided that:

a.

There shall be established at the City Animal Shelter an on-site facility for the purpose of spaying and neutering all animals adopted through the shelter which have not previously been surgically spayed or neutered; this facility will be staffed by a licensed veterinarian and be under WIN; if the City of Tulsa staff does not include a licensed veterinarian and if WIN determines it is not feasible to staff the facility through donated service, a bid process shall be used to select veterinary professionals to perform the on-site sterilizations of the adopted animals;

b.

If the licensed veterinarian described in Subparagraph 109.E.2.a. or, in the absence of such veterinarian, WIN determines that the animal cannot be sterilized at the time of adoption, the adopting party shall sign an agreement to have the animal sterilized pursuant to the Dog and Cat Sterilization Act, 4 O.S.2001, § 499, et seq. , or as the same may be amended, and shall deposit with WIN One Hundred Fifty Dollars ($150.00) to ensure that the animal will be sterilized.

3.

Fees and charges. Before an animal may be adopted, fees and charges as required must be paid according to the following schedule:

ADOPTION FEE SCHEDULE

Dogs, puppies, cats and kittens ..... $10.00

All other animals ..... 5.00

STERILIZATION AND VACCINATION COSTS
(with or without adoption)

Rabies vaccination
Required for all dogs and cats over four (4) months of age	Actual Reasonable Cost
Rabies vaccination and sterilization
If provided by the City of Tulsa	Actual Reasonable Cost

 

WIN, subject to City Council approval, shall establish policies and implement administration procedures for either the refund of adoption fees or an exchange for adopted animals which are returned.

4.

Animals wild by nature. All animals wild by nature and not authorized by Subsection 101.H. herein shall be euthanized or donated to a zoo or a museum, except that, at the discretion of WIN, certain animals wild by nature which are native to Oklahoma and which in their natural habitats do not present a danger to human beings or to property may be released to their natural habitats.

5.

Public sale. At the option of WIN, animals, other than dogs, cats, puppies, kittens and animals wild by nature, may be sold at a public sale pursuant to procedures set forth in this section, or donated to a zoo or museum.

6.

Release to veterinarian. WIN may, at its discretion, release animals to a licensed veterinarian if the animal is in need of veterinary care. The veterinarian must agree in writing to accept responsibility for the animal and give the animal proper veterinary care in lieu of paying fees to receive the animal. If the animal is a dog or cat, the veterinarian must sterilize the animal before releasing the animal to any subsequent owner.

7.

Release to animal welfare organizations. WIN may, at its discretion, release animals to a nonprofit animal welfare organization incorporated as such in the state of Oklahoma. If an animal so released is a dog or cat, an authorized representative of the organization must agree in writing to have the animal sterilized before releasing it to a subsequent owner.

8.

Release for experiments or research. No animal shall be released for experimental or research purposes.

F.

Procedures for public sale of animals. If an animal is to be sold at public sale, WIN shall give ten (10) days' notice of the time and place of such sale by causing notices to be posted in at least three (3) public places in the City; by publishing in a newspaper of record in the City; by serving a copy of such notice upon the owner, if known; and by providing such other notice as the Mayor may direct. The notices shall be substantially in the following form:

The following animals (describing them), having been taken up and impounded in the Animal Shelter of the City of Tulsa for violations of the provisions of the ordinances of the City of Tulsa, will, unless reclaimed within ten (10) days from this date, be sold for cash to the highest bidder at public action at the Animal Shelter at _______ o'clock, _______.m. on the _______ day of _______, A.D._______ (giving hour and date of sale).

Dated this _______ day of _______, A.D._______.

___________
WIN
City of Tulsa, Oklahoma

The owner may reclaim any animal prior to the sale by payment of all fees and charges set forth in this section.

G.

Fees for treatment of sick animals. In addition to all other fees, the owner of a sick or injured animal impounded by WIN shall reimburse the City of Tulsa or a veterinarian for any fees incurred in treating the animal.

H.

Destruction of animals. WIN may euthanize any animal if it has been surrendered to the Shelter or if the animal is so sick or injured that its cure is considered by WIN to be impracticable or if death is imminent, and in either of such events, such destruction may be done immediately without notice or any waiting period. Anyone surrendering an animal shall provide proof of his or her identity before the animal will be accepted.

I.

Disposal fee. For each animal disposed of by WIN, a disposal fee of Five Dollars ($5.00) may be charged.

(Ord. Nos. 17428, 17496, 17918, 18362, 19038, 19143; Ord. No. 21979, § 1, 12-18-2008)