Oklahoma City Municipal Code § 35-210 Short title.
§ 35-210. - Short title.
The provisions of this article shall be known and may be cited as the Oklahoma City "Exotic Wildlife Abatement Ordinance."
(Ord. No. 21334, § 1, 10-12-99)
GENERALLY
Oklahoma City Municipal Code ch. 35, art. VIII, div. 1
in effectOklahoma City Municipal Code § 35-211 Citation of authorities.
§ 35-211. - Citation of authorities.
The provisions of this article are being enacted pursuant to the authority of Section 3 of Article I of the Oklahoma City Charter, as amended, the authority of 11 O.S. § 22-121 and the authority of 50 O.S. §§ 16 and 17.
(Ord. No. 21334, § 1, 10-12-99)
Oklahoma City Municipal Code § 35-212 Legislative findings, purpose and intent.
§ 35-212. - Legislative findings, purpose and intent.
(a) The Council hereby makes the following findings:
1. that exotic wildlife, as defined in Section 35-213 of this article, when kept or harbored within the corporate limits of The City of Oklahoma City ("the City"), poses a serious threat to the health, safety and/or general welfare of the residents of this community by virtue of the physical attributes, natural behaviors, habits, modes of life, and/or natural instincts of such animals; and
2. that exotic wildlife poses a serious threat to the health, safety and/or welfare of the residents of the City because such animals, due to the characteristics of their species, are incapable of being domesticated and because the proper and safe keeping of such animals requires the exercise of professional art, force, and/or skill; and
3. that keeping or harboring of exotic wildlife within the City, outside of control by a zoological park or by the other persons or organizations listed in Section 35-217 of this article, can and often does render certain residents of this community insecure in their daily lives and fearful for their health, safety and/or general welfare and is an unwarranted and unnecessary intrusion into the lives of such residents; and
4. that numerous incidents have been documented in other cities around the United States and the world of exotic wildlife getting out of control and killing, maiming, or injuring human beings; and
5. that even when in a juvenile stage of life, exotic wildlife can seriously injure humans beings, especially children, and can kill or seriously injure animals such as domestic dogs, cats, and/or birds being kept by humans as pets; and
6. that certain exotic wildlife, such as non-human primates, poses a threat of disease to human beings due to their close biological relationship with humans; and
7. that based upon the foregoing findings, it is clear that exotic wildlife poses a serious hazard to the public health, safety and/or general welfare of the citizens of this community and that such wildlife must be prohibited outside the control of those persons or organizations listed in Section 35-217 of this article.
(b) Based upon the foregoing findings, as set forth above in Paragraphs (a)(1) through (a)(7), inclusive, of this section, Council states that the public purposes and the intent of the provisions of this article are to legally prevent the keeping or harboring of exotic wildlife within the City, to summarily impound exotic wildlife within the City under certain circumstances, and, if necessary, to abate by civil action in District Court the keeping or harboring of exotic wildlife within the City.
(Ord. No. 21334, § 1, 10-12-99)
Oklahoma City Municipal Code § 35-213 Definitions.
§ 35-213. - Definitions.
(a) The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) Animal shall mean a member of the Animal Kingdom.
(2) Animal welfare division shall mean the Oklahoma City animal welfare division.
(3) Exotic wildlife shall mean any of the following animals:
a. a lion, tiger, leopard, panther, cougar, bobcat, ocelot, cheetah, margay, mountain lion, lynx, jaguar, jaguarundi, or any and all other felines (family Felidae), except the domestic cat (species Felis domesticus);
b. a grizzly bear, black bear, or any and all other bears (family Ursidae);
c. a wolf, coyote, jackal, hyena, or any and all other canines (family Canidae), except the domestic dog (species Canis familiaris) or the fox;
d. any and all venomous reptiles (venomous members of the class Reptilia), including, without limitation, Gila monsters (species Heloderma suspectum), beaded lizards (species Heloderma horridum), and venomous snakes (venomous members of the suborder Serpentes);
e. any anaconda (species Eunectes murinus);
f. any and all crocodiles, caimans, or alligators (family Crocodilia); provided, alligators kept in a secure container by a currently established commercial business on commercial zoned land pursuant to a State commercial breeder's license shall be excluded from this definition;
g. gorillas, orangutans, baboons, macaques or chimpanzees; or any non-human primate (order Primata) that is not licensed pursuant to the provisions of Article VIII of Chapter 8 of this Code; or any non-human primate (order Primata) that tests positive for tuberculosis or herpes B; provided, macaques that were kept or harbored within the City limits prior to October 12, 1999, and that are duly licensed pursuant to the provisions of Article VIII of Chapter 8 of this Code shall be excluded from this definition;
h. cassowaries (genus Casuarius); or
i. any cross-breed or hybrid of any two animals defined as exotic wildlife in Paragraphs a. through h., inclusive, of this section.
Provided, exotic wildlife shall not include native wildlife that is living in the wild and is not owned or possessed or intentionally being kept by any person.
(4) Native wildlife means any and all species of wildlife that are indigenous to or occur naturally within the State of Oklahoma.
(5) Superintendent or superintendent of the animal welfare division shall mean the person appointed and designated by the City Manager as the director of the animal welfare division.
(b) The City Manager and the superintendent shall have no power to add animals to the definition of exotic wildlife as set forth above, and only the animals specified above shall be considered exotic wildlife for purposes of this article; provided, however, the City Manager may recommend to the Council of the City that animals be added to the definition of exotic wildlife as specified above if any mammal, reptile, bird, or other animal is found to pose a serious threat to the public health, safety and/or general welfare of the residents of the City; provided, further, no such additions shall be made by Council except upon public notice and public hearing as otherwise required for the formal adoption of a City ordinance.
(Ord. No. 21334, § 1, 10-12-99; Ord. No. 21388, § 1, 12-21-99)
Oklahoma City Municipal Code § 35-214 Keeping or harboring exotic wildlife declared a public nuisance; use of land for keeping or harboring exotic wildlife declared a public nuisance; keeping or harboring exotic wildlife prohibited; use of land for keeping or harboring exotic wildlife prohibited.
§ 35-214. - Keeping or harboring exotic wildlife declared a public nuisance; use of land for keeping or harboring exotic wildlife declared a public nuisance; keeping or harboring exotic wildlife prohibited; use of land for keeping or harboring exotic wildlife prohibited.
(a) The keeping or harboring of exotic wildlife within the corporate limits of the City is hereby declared to constitute a public nuisance per se.
(b) The use of any land within the corporate limits of the City to keep or harbor exotic wildlife is hereby declared to constitute a public nuisance per se.
(c) The keeping or harboring of exotic wildlife within the corporate limits of the City is hereby prohibited.
(d) The use of any land within the corporate limits of the City to keep or harbor exotic wildlife is hereby prohibited.
(Ord. No. 21334, § 1, 10-12-99)
Oklahoma City Municipal Code § 35-215 Violations and penalties.
§ 35-215. - Violations and penalties.
(a) Any person found keeping or harboring exotic wildlife in violation of this article shall be deemed guilty of a Class "a" offense. Each day a violation continues shall be deemed a separate offense and shall be subject to a separate fine and costs as provided herein.
(b) Any person who permits or allows any land owned or leased by him/her to be used for keeping or harboring any exotic wildlife in violation of this chapter shall be deemed guilty of a Class "a" offense. Each day a violation continues shall be deemed a separate offense and shall be subject to a separate fine and costs as provided herein.
(Ord. No. 21334, § 1, 10-12-99; Ord. No. 23182, § 12, 11-7-06)
Oklahoma City Municipal Code § 35-216 Exotic wildlife kept or harbored within the City on effective date of this article; registration of such wildlife required; removal of such wildlife required by date certain; violations and penalty.
§ 35-216. - Exotic wildlife kept or harbored within the City on effective date of this article; registration of such wildlife required; removal of such wildlife required by date certain; violations and penalty.
(a) Any person keeping or harboring exotic wildlife within the City on the effective date of this article shall register with the superintendent of the Animal Welfare Division by no later than February 15, 2000. Such registration shall include the name, address, and telephone number of the person keeping or harboring such wildlife, a list of all such animals being kept or harbored, and a description of the location or locations where and the conditions under which such animals are being kept or harbored. The registration shall also include photographs sufficient to demonstrate to the superintendent that such animals are being adequately restrained. The registration shall also include the name and address of all owners or then-current lessees of any land upon which such animals are being kept or harbored.
(b) Any person keeping or harboring exotic wildlife within the City at the time this article becomes effective shall remove all such wildlife from the City by not later than June 1, 2000.
(c) Any person who fails to register, as required by Paragraph (a) of this section, or who fails to remove from the City any exotic wildlife being kept or harbored by him or her, as required by Paragraph (b) of this section, shall be deemed guilty of a Class "a" offense and, upon conviction thereof, shall be subject to a fine not to exceed $200.00, and costs. Each day a violation continues shall be deemed a separate offense and shall be subject to a separate fine and costs as provided herein.
(d) Any person who permits or allows land owned or leased by him/her to be used for the keeping or harboring of any exotic wildlife in violation of Paragraph (c) of this section shall be deemed guilty of a Class "a" offense and, upon conviction thereof, shall be subject to a fine not to exceed $200.00, and costs. Each day a violation continues shall be deemed a separate offense and shall be subject to a separate fine and costs as provided herein.
(Ord. No. 21334, § 1, 10-12-99; Ord. No. 21388, § 1, 12-21-99)
Oklahoma City Municipal Code § 35-217 Exemptions.
§ 35-217. - Exemptions.
The following persons or organizations shall be exempt from the provisions of this article:
(a) the Oklahoma City Zoological Park and the OMNIPLEX;
(b) the Oklahoma City animal welfare division;
(c) any circus appearing in The City of Oklahoma City for less than 30 days;
(d) any agency or official of the Federal, State or local government acting in an official capacity;
(e) a licensed veterinarian while providing treatment for exotic wildlife;
(f) a duly licensed and authorized research facility, including without limitation a university or college research facility;
(g) nature parks or centers professionally qualified to handle exotic animals (such as Bob Jenni Nature Center, Inc.) when presenting educational programs or performing other public services within the City; and
(h) any person who:
(1) keeps or harbors no more than one lion, tiger, leopard, panther, cougar, bobcat, ocelot, cheeta, margay, mountain lion, lynx, jaguar, or jaguarundi; and
(2) keeps or harbors such animal on a tract of land that is not less than five acres in size; and
(3) has obtained the written consent of all abutting landowners for the keeping or harboring of such animal on such tract of land; and
(4) has been issued all Federal and State permits and licenses necessary to authorize the possession of such animal; and
(5) has caused an identification microchip to be implanted in the animal's withers by a licensed veterinarian and has provided satisfactory proof of such implantation to the superintendent; and
(6) has registered such animal with the City by providing all of the following to the superintendent:
1. all information required under Subsection (a) of Section 35-216 of this article; and
2. documentation satisfactory to demonstrate compliance with Subsections (h)(1) through (h)(5), inclusive, of this section; and
3. clear 5-inch-x-7-inch photographs showing front and side views of the animal and showing the animal's cage(s) and other enclosure(s);
provided, nothing in this Subsection (h) shall prevent the Animal Welfare Division Superintendent or his designated animal control officers from impounding any such animal pursuant to Section 35-230 of Division 2 of this article if the animal is found to be running at-large, diseased or inadequately restrained, provided further, nothing in this Subsection (h) shall prevent the superintendent or his designated animal control officers from enforcing the provisions of Section 35-219 of this article if any such animal is found running at-large.
(Ord. No. 21334, § 1, 10-12-99; Ord. No. 21388, § 1, 12-21-99)
Oklahoma City Municipal Code § 35-218 This article not exclusive legal remedy.
§ 35-218. - This article not exclusive legal remedy.
Nothing in this article shall be construed to prohibit the filing and prosecution of any other criminal charges and/or any other civil actions allowed by law or to prohibit the allowance of any other legal remedies allowed by law.
(Ord. No. 21334, § 1, 10-12-99)
Oklahoma City Municipal Code § 35-219 Lions, tigers, etc., found running at-large.
§ 35-219. - Lions, tigers, etc., found running at-large.
(a) It shall be unlawful for any person keeping or harboring any lion, tiger, leopard, panther, cougar, bobcat, ocelot, cheetah, margay, mountain lion, lynx, jaguar, or jaguarundi pursuant to the provisions of Section 35-217 of this article to allow such animal to run at-large within the corporate limits of the City.
(b) Any person violating the provisions of Subsection (a) of this section shall be deemed guilty of an offense. Each day such offense occurs or continues shall constitute a separate violation.
(c) The first violation of the provisions of this Section shall constitute a Class "a" offense, and any person convicted of such first offense shall be subject to a fine not exceeding $200.00, plus costs. The second and any subsequent violations of the provisions of this section shall constitute Class "b" offenses, and any person convicted of any such second or subsequent offense or offenses shall be subject to a fine not exceeding $1,200.00, plus costs, or imprisonment not to exceed six months, plus costs, or both such fine and imprisonment, plus costs.
(Ord. No. 21388, § 2, 12-21-99)
Source: City of Oklahoma City, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2020_CH35NU_ARTVIIIEXWI_DIV1GEFetched: 10/28/2026