ORDINANCE NO. 26-12
AN ORDINANCE OF THE CITY OF PURCELL, OKLAHOMA, AMENDING CHAPTER 74 (PARKS AND RECREATION) OF THE PURCELL MUNICIPAL CODE BY ADDING SECTION 74-5 (PURCELL DOG PARK); DESIGNATING CITY-OWNED PROPERTY FOR USE AS AN OFF-LEASH DOG PARK; ESTABLISING SEPARATE SMALL-DOG AND LARGE-DOG AREAS; ESTABLISHING RULES OF USE, SANITATION, ENFORCEMENT, AND ADMINISTRATION; AMENDING SECTION 10-256 (ANIMALS NOT TO BE AT LARGE) TO PROVIDE A LIMITED EXCEPTION FOR DOGS LAWFULLY WITHIN THE DOG PARK; PROVIDING FOR SEVERABILITY; DECLARING REPEALER; CODIFICATION; AND EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PURCELL, OKLAHOMA:
SECTION 1. AMENDMENT TO CHAPTER 74.
Chapter 74 (Parks and Recreation) of the Purcell Municipal Code is amended by adding Section 74-5 (Purcell Dog Park), which shall read in its entirety as follows:
Sec. 74-5. Purcell Dog Park.
A. Establishment and designation. The fenced area of City-owned property at or near Purcell Lake, as depicted in Exhibit A attached to this Ordinance, is designated as the Purcell Dog Park and set apart for public recreational use. The City Manager may make adjustments to the interior layout, gates, and fencing within the overall boundary shown in Exhibit A when reasonably necessary for safety, drainage, accessibility, maintenance, or efficient operation.
1. The dog park shall not open for off-leash use until fencing, gates, and entrance signs are installed. Dogs shall remain leashed outside the designated off-leash enclosures, including in parking areas, walkways, and entrance or exit vestibules, except when temporarily unleashed within a fully enclosed transition gate as necessary to enter or leave the park.
2. The dog park shall not provide direct access to Purcell Lake unless such access is separately approved by the City Council and is consistent with applicable water-quality and public-health requirements.
B. Definitions. For purposes of this section:
1. Large dog means a dog weighing fifty (50) pounds or more.
2. Small dog means a dog weighing less than fifty (50) pounds.
3. Handler means the owner, keeper, or other person who brings a dog into the dog park and has immediate care, custody, and control of the dog.
C. Separate small-dog and large-dog areas. The dog park shall contain physically separate fenced areas for small dogs and large dogs. A small dog may be placed only in the small-dog area, and a large dog may be placed only in the large-dog area. A handler with dogs in both size classifications shall not use both areas at the same time unless each dog is supervised by a separate qualified handler.
D. Off-leash use and handler control. A dog may be off leash only inside the properly designated fenced enclosure and only while the handler and dog comply with this section and all posted rules. The handler shall have a leash readily available, remain inside the same enclosure as the dog, maintain visual contact and voice control, and immediately leash and remove the dog at the first sign of aggressive, threatening, excessively rough, or uncontrollable behavior.
E. Dog eligibility and exclusions. A dog is not permitted in the dog park if the dog:
1. Is less than four (4) months of age;
2. Is not currently vaccinated against rabies as required by law, or is not licensed and tagged as required by the jurisdiction where the dog is kept and by the Purcell Municipal Code when applicable;
3. Is subject to quarantine or isolation, or shows signs of contagious disease, vomiting, diarrhea, open wounds, or external parasites;
4. Is a female dog in heat;
5. Meets the definition of a vicious animal under Section 10-1 of this Code, has been declared dangerous or vicious by any jurisdiction, or has a known history of unprovoked attack or aggressive behavior toward a person or domestic animal; or
6. Is wearing a spike, prong, pinch, or choke collar while off leash inside an enclosure.
F. Rules of conduct. Each handler and visitor shall comply with the following rules:
1. A handler must be at least sixteen (16) years of age. A person twelve (12) through fifteen (15) years of age may enter only while accompanied and directly supervised by an adult. Children under twelve (12) years of age shall not enter an off-leash enclosure;
2. A handler may supervise no more than two (2) dogs at one time;
3. A handler shall remain inside the enclosure at all times when their dog is inside the off-leash enclosure. Dogs shall not be left unattended or tethered in or around the off-leash enclosure(s).
4. A handler shall keep gates closed, prevent dogs from escaping, and shall not open an interior gate when another dog is unsecured in the entrance or exit vestibule;
5. A handler shall immediately remove and dispose of the dog’s solid waste in a sanitary manner and shall possess suitable waste-removal equipment as required by Section 10-7 of this Code;
6. No person shall bring an animal other than a dog into an off-leash enclosure;
7. No person shall possess glass containers, alcoholic beverages, illegal drugs, tobacco products, vapor products, dog food, or dog treats inside an off-leash enclosure. Water in a non-breakable container is permitted;
8. No person shall conduct commercial dog training, sales, solicitation, organized events, or fundraising activities without prior written authorization from the City; and
9. Every person shall obey posted rules and any lawful direction of a police officer, animal control officer, or authorized City employee concerning safety, sanitation, closure, or removal from the dog park.
G. Sanitation, maintenance, and temporary closure. The City Manager or designee shall provide for routine inspection, waste removal, and maintenance of the dog park and may temporarily close all or any portion of the facility because of weather, standing water, turf recovery, maintenance, disease concerns, overcrowding, unsafe conditions, or other conditions affecting public health or safety. Site improvements shall be designed and maintained, to the extent reasonably practicable, to reduce standing water and to prevent concentrated runoff from entering playgrounds, picnic areas, swimming areas, drinking-water facilities, food-service areas, or the lake.
H. Hours and administration. The dog park shall be open from dawn until dusk unless different hours are posted. The City Manager or designee may post and enforce additional reasonable rules consistent with this section; establish occupancy limits; adjust operating hours; designate areas for maintenance or special use; and temporarily close the facility. Posted rules shall provide reasonable notice to users and shall have the force of rules adopted under Sections 74-1 and 74-4 of this Code.
I. Responsibility; no waiver.
1. Use of the dog park is voluntary. Each handler remains legally responsible for the handler’s dog and for injury or property damage caused by that dog. It shall be the duty and responsibility of the handler of the dog to inspect the safety, security, sufficiency, and adequacy of the fencing, grounds, and facilities of the dog park prior to entering and releasing his/her dog. The handler shall not enter the dog park or release his/her dog from his/her immediate reach or physical control if:
i. the fencing is not of sufficient condition, strength, and height to prevent the dog from escaping;
ii. the grounds or facilities are not sufficient to keep the dog from escaping; or
iii. the park is not safe for the dog, the handler, or any person accompanying them.
2. Nothing in this section shall be construed to waive any defense, immunity, limitation of liability, or other protection available to the City or its officers and employees under the Oklahoma Governmental Tort Claims Act or other law.
J. Enforcement and penalty. A police officer, animal control officer, or authorized City employee may order any person or dog to leave the dog park for violation of this section, violation of a posted rule, or conduct that reasonably threatens public health or safety. Failure to obey such an order is unlawful. A violation of this section is an offense punishable as provided by Sections 74-4 and 1-12 of this Code. Removal from the dog park does not preclude citation, impoundment, or other action authorized by Chapter 10 or other applicable law.
SECTION 2. AMENDMENT TO SECTION 10-256.
Section 10-256 (Animals Not to Be at Large) of the Purcell Municipal Code is amended by adding the following sentence at the end of the section:
This section shall not apply to a dog lawfully present inside a fenced, City-designated off-leash dog park while the dog and handler are in compliance with Section 74-5 of this Code.
SECTION 3. SEVERABILITY
That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Purcell hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 4. REPEALER.
All other ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 5. CODIFICATION.
Sections I and II of this Ordinance shall be codified in the Purcell Municipal Code. The codifier is authorized to renumber, re-letter, and correct non-substantive typographical or cross-reference errors as necessary, without changing the meaning of this Ordinance.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect thirty (30) days after final passage, provided it has been published or posted as required by law.
PASSED AND APPROVED by the Council of the City of Purcell, Oklahoma, on the 3rd day of August 2026.
SIGNED by the Mayor of the City of Purcell on the 3rd day of August 2026.
/s/ Jay Tate
Jay Tate, Mayor
ATTEST:
/s/ Andrea Millsap
Andrea Milsap, City Clerk
Approved as to form this 3rd day of August 2026.
/s/ Christopher C. Lind
Christopher C. Lind,
City Attorney
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