A. “Animal control authority” means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this Act or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals and includes any tribal, state, or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
B. “Dangerous dog” means any dog that according to the records of the appropriate authority:
1. Has aggressively bitten, attacked, endangered or has inflicted severe injury on a human being, domestic animal, or livestock on public or private property;
2. Has more than once severely injured or killed a domestic animal while off the owner’s property; or
3. Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; provided, that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority.
C. “Government official” shall include: elected officials or employees of the Osage Nation or municipal or state government; a public employee; a sports official; an employee or protective investigator of the Child Support Services, Osage Nation Social Services Agency, or their successors, and their agents; or an employee of the Wah-Zha-Zhe Health Clinic or its direct service contract providers; school employee; code inspector; surveyor; medical care provider; health services personnel; firefighter; law enforcement explorer; public transit employee or agent; and railroad special officer.
D. “Law enforcement officer” means any police officer, peace officer, sheriff, deputy sheriff, correctional officer, probation or parole officer, emergency management employee, judge, magistrate, or any employee of a governmental agency who is authorized by law to engage in the investigation, arrest, prosecution, or supervision of the incarceration of any person for any violation of law and has statutory powers of arrest.
E. “Owner” means any person(s), firm(s), corporation(s), or organization(s) possessing, harboring, keeping, or having control or custody of an animal or, if the animal is owned by a person under the age of eighteen (18), that person’s parent or guardian.
F. “Proper enclosure of a dangerous dog” means, while on the owner’s property, a dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top to prevent the dog from escaping over, under, or through the structure and shall also provide protection from the elements.
G. “Release” means to intentionally remove a restraint or leash; to open or unlatch a door that was confining the canine thereby allowing the dog to roam unrestrained; or by giving any “attack” command, cue, or prompt to a canine.
H. “Severe injury” means any physical injury that results in broken bones, loss of blood, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.
I. “Unprovoked” means that the victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog. ONCA 21-115, eff. Oct. 1, 2021.