§ 5-2-204. Confiscation of dangerous animals authorized under certain conditions—Penalty.

A.

Any dangerous animal shall be immediately confiscated by an animal welfare officer if:

1.

The animal is not validly registered under Section 5-202 of this code or the owner lacks proof of a current policy of liability insurance in an amount of no less than one million dollars ($1,000,000.00) insuring against personal injuries inflicted by a dangerous animal;

2.

The animal is not being maintained in a properly locked enclosure;

3.

The animal is outside the dwelling of the owner or keeper or outside the properly locked enclosure and not muzzled and under physical restraint by a responsible person; or

4.

Animal control authorities have reason to believe the animal has inflicted a severe injury to another person without provocation while the animal was off the premises of the owner or keeper after identification of the animal by the victim.

B.

The animal shall remain in the custody of the animal welfare division until such time as a hearing is held in Municipal Court. If the address of the owner or keeper is known, the animal welfare division will provide the owner or keeper of the animal notice of the date and time for hearing by either regular mail, personal service, or posting the same at their residence. If the address of the owner or keeper cannot readily be determined, the animal welfare division will certify these facts to the court prior to the hearing and the hearing may proceed.

C.

If the court finds that the circumstances leading to confiscation existed or occurred, the judge shall order that the animal be destroyed immediately or require that the owners or keepers comply with the provisions of this article within eight (8) working days of the judgment. The judge may additionally order that the owner or keeper comply with other preventative measures including, but not limited to, those set out in Article 5-6. The animal will be held at the animal shelter until such time as the owners or keepers reach compliance. Should the owners or keepers fail to comply by the designated date, the owners or keepers, after paying a fee as stipulated in the fee schedule, shall relinquish ownership or custody of the animal to the animal welfare division and said animal shall be destroyed.

D.

The confiscation proceedings authorized herein shall be separate from and in addition to any citations issued to the owner or keeper of a dangerous animal for any violations of Lawton City Code.

(97-33, Amended, 07/22/1997)

(Ord. 2007-06, Amended, 03/15/2007)

(Ord. No. 13-26, § 9, 8-13-2013; Ord. No. 15-16 , § 2, 7-14-2015; Ord. No. 15-28 , § 4, 10-13-2015)