HomeMy WebLinkAbout138_Dogs_Kennels_License FeesORDINANCE NUMBER 138
AN ORDINANCE REGULATING AND CONTROLLING THE KEEPING OF DOGS WITHIN THE TOWN OF OWASSO,
OKLAHOMA; LIMITING NUMBER OF SUCH ANIMALS PERMITTED TO BE ON PREMISES WITHIN SAID TOWN;
REQUIRING KENNEL PROPRIETOR'S LICENSE AND PAYMENT OF LICENSE FEES IN CERTAIN CASES;
PRESCRIBING REGULATIONS AND REQUIREMENTS RELATING TO CONFINING AND KEEPING DOGS ON ANY
PREMISES; REQUIRING MINIMUM SIZE OF AREA FOR CONFINING DOGS AND PROHIBITING SUCH AREAS
TO EXTEND WITHIN A DISTANCE OF TWENTY FEET FROM A STREET SIDE PROPERTY LINES; ENFORCING
RULES REGULATING SANITATION; PROHIBITING MAINTENCE OF NUISANCE; RPOVIDING DEFINITIONS
OF WORDS AND PHRASES USED IN THE ORDINANCE; PROGIDING PENALTIES FOR VIOLATIONS OF
ORDINANCE, AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE TOWN OF OWASSO, OKLAHOMA:
Section 1. DEFINITIONS. The following words and phrases, when used in this ordinance,
shall be given and have the following meaning:
(a) Dog: The term "dog" as used herein shall mean and include any dog, bitch,
and every other animal of canine species of the age of two months, or older.
(b) Kennel Proprietor: Any person, persons, firm or corporation who shall, for
a period of more than ninety (90) days, keep or horbor more than two (2) dogs, shall
be presumed to operate a kellel, whether the same be operated for pleasure or for
profit, and classified as being commercial in nature.
(c) Owner: The term "owner" as used herein shall mean and incude the owner of any
dog as above defined and also every other person having the care, custody of, or harboring,
keeping or maintaining any dog, except a kennel proprietor as herein defined.
(d) Confined on the Premises: The term "confined on the premises" shall mean that
condition in which a dog is securely and physically confined and restrained on and
within the premises of the owner by means of walls or fences, or by rope, chain, leash
or other device of such strength and size as physically to prevent such dog from
leaving such premises.
(e) Dog a Nuisance; When: In addition to definitions used in any other ordinance of
The Town of Owasso, Oklahoma, declaring when a dog is to be declared a nuisance, any dog
which barks, howls, wails, or emits or utters sounds or noises, which cause serious
annoyance and disturbs the peaceor quietude of any person or person s within the vincinity
of the place where same is being kept or to the neightborhood, is also hereby declared to be a nuisance.
Section 2. OFFENSES. It shall be unlawful and an offense under the terms of this
Ordinance for any owner as herein defined, within the corporate limits of The Town of
Owasso:
(a) To own, keep, possess, harbor or allow or remain on premises under his control any
male, female, or spayed femal dog of the sage of six months or older, unless such dog
shall have been vacinnated and licensed as provided by the ordinances of The Town of
Owasso, Oklahoma.
(b) To keep or pen any dog on premises, under his control or under the control of
himslef jointly with another, within an area used for confining dogs, which is less in
size and dimension than hereinafter provided, or to maintain an area for such prupose,
any part of which protrudes, extends or is located within a minimum distance from a
street side property line, as required by Ordinance.
(c) To own, keep, possess, harbor or allow to remain on premises under his control
more than two (2) dogs, unless having qualifed for and having a kennel propreitor's
license to required by ordinance of The Town of Owasso.
(d) To fail or refuse to comply with any sanitation rule or requirement set forth or
prescribed by the provisions of this ordinance or any other ordinance of The Town of
Owasso, Oklahoma, pertaining to sanitation.
(e) To permit a nuisance to exist by keeping, possessing, harboring or allowing to
remain on premises under the control of the owner as defined in this ordinance, any
dog or dogs which emit sounds or noises, which disturb the peace or quietude of any
person within the vicinity of and/or neighborhood where such premises are located.
(d) To do anything which is prohibited or failing to do that which is required and
commanded by any part of this ordinance.
Section 3. VACCINATION AND REGISTRATION. it shall be the duty of every person owning or
having in his charge or possession, within the corporate limits of The Town of Owasso,
any dog over the age of six months, to cause such dog to be vaccinated by any person duly
authorized to practice veterinary medicine in the State of Oklahoma, and to register said
dog with the Town Clerk of The Town of Owasso, and pay the license fees provided by
ordinance of The Town of Owasso; provided, however, that the requirements of payment of
a license fee for registration of dogs shall not apply to any dog kept by, and on the
premises of a kennel proprietor, who is licensed as provided by the ordinances of the
Town of Owasso, nor shall such requiredment for an annual license fee for registration
apply to any dog which may follow of be led by any non-resident, or traveloer, through
the town, while such dog is with its owner or keeper.
Section 4. KEEPING DOGS WITHIN TOWN LIMITS. It shall be and is hereby declared to be
unlawful for any person, other than a properly licensed kennel proprietor, to keep or
maintain or permit or suffer to be kept or maintained any dog, upon any property or
premises within the town limits of The Town of Owasso, Oklahoma, except that as many and
not more than twho (2) dogs may be kept in any pen, lot or enclosure of fourt Hundred (400)
wquare feet in area, for each dog, or on a leash or chain of sufficint length or mobility
as to permit each dog to occupy an area of not less than Four Hundred (400) square feet
in area, which areas must be Ten (10) feet from any street size property line of such
premises.
Section 5. SANITATION. All owners or person having charge of control of any premises where
the keeping of dogs is permitted, shall pick up and rmeove daily from the area within or
upon which such dogs are kept or maintained, all dung or animal excrement, and shall
thereupon place or cause same ot be placed in an enclosed, fly-proof container; and shall
further prevent any offenseive, disagreeable, or noxious smell, stanch or ordor to arise
from such area within or upon which any dog or dogs may be kept or maintained, and it is
provided that upon failure to comply with the provisions of this Section, the keeping of
dogs and the area within which same are confined or restrained shall be and constitute a
nuisance, subject to abatement as provided in any other ordinance of The Town of Owasso,
oklahoma, pertaining to abating other nuisances relating to the owning, keeping and maintaining
of dogs.
Section 6. BARKING DOGS A NUISANCE. Any dog which barks, howls, wails or emits or utters
sounds or noises, which cause annoyance and disturb the peace or quietude of any person
or persons within the vicinity of the place where same is being kept or to the neighborhood,
is hereby declared a nuisance, subject to being abated in the same manner as other
nuisances pertaining to dogs may be abated under ordinances of The Town of Owasso, oklahoma.
Section 7. MAINTAINING NUISANCE AN OFFENSE. Wherever the continuance of any nuisance as
defined and declared in Sections 5 and 6 of this ordinance is permitted to exist, the owner,
or person in charge of the premises and/or dog or dogs shall be guilty of an offense, and
each day such nuisance is permitted to exist shall constitute a separate offense.
Section 8. KENNEL PROPRIETOR. It shall be unlawful for any person to be a kennel
proprietor, as herein defined, within The Town of Owasso, unless such proprietor shall
first pay to the Town Clerk of said town an annual license fee of Ten Dollars ($10.00).
Upon proof of proper zoning and payment of such fee the Town Clerk shall furnish to such
kennel proprietor a license to engage in such business. The kennel Propreitor's license
levied in this section shall be in lieu of all other license fees prescribed in this
ordinance and ordinances of The Town of Owasso for dogs in such kennel; provided that all
dogs in such kennel shall be at all times confined on the premises of such kennel proprietor;
and should any dog or bitch belonging to, or kept by, such kennel proprietor be
allowed off the premises of such kennel proprietor, the owner or keeper, thereof shall
pay the same tax and license fee thereon as it required by the Ordinances of The Town of
Owasso for all dogs not kept by a kennel proprietor; and any such dog shall be subject
to all of the provisions of such Ordinances, including seizure and impounding to the
same extend and in the same manner as any dog at large. such kennel shall be maintained
at all times in a clean and sanitary condition and shall be subject to inspection by the
tow's Health Officer or other proper official of The Town of Owasso.
Section 9. KENNEL TAGS. It shall be the duty of the Town Clerk to furnish to each kennel
proprietor a sufficient number of tags upon each of which shall be engraved, carved or
stamped, the year of the registration of such kennel and the number under which same was
registered and said kennel proprietor or other person in charge of such kennel, shall tag
each dog or bitch in such kennel with one of said kennel tags in the same manner that
other dogs are tagged.
Section 10. PENALTY. Any person violating any provision of this Ordinance by doing that
which is prohibited or failing to do that which is required and commanded shall be guilty
of an offense and upon conviction shall be punished by a fine in any amount not exceeding
Twenty Dollars ($20.00) including costs. Each calendar day in which any section or provision
of this ordinance is violated shall be and constitute a separate offense.
Section 11. SAVINGS CLAUSE. Theprovisions of this ordinance shall be severable and,
if any of the provisions shall be held in contravention of the Constitution and laws of
the State of Oklahoma, the decisions of the Court shall not affect the validity of the
remaining portions. it is hereby declared to be the intention of this ordinance that
the same would have been adopted had such unconstitutional or unlawful provisions, if
any, not been included herein.
EMERGENCY: WHEREAS, it being immediately necessary for the preservation of the peace,
health, protection and safety of The Town of Owasso, Oklahoma, and the inhabitants thereof
that the provisions of this ordinance be put into immediate force and affect, an
emergency is hereby declared to exist, by reason of the existnace of a hazard to health,
peace and safety, and by reason thereof, this ordinance shall take affect and be in full
force from and after tis passage, as provided by law.
PASSED, by the Board of Trustees of The town of Owasso, Oklahoma, this 18th day of October,
1971.
EMERGENCY CLAUSE voted upon separately and passed by unanimous vote of the Board of Trustees
this 18th day of October, 1971.
APPROVED BY the President of the Board of Trustees of The Town of Owasso, Oklahoma, this
18th day of October, 1971.
published in said newspaper form . . 9 � ...........
consecutive weeks, the first publication being on the
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and the last day of publication being on the
. . . . . kaPP ............. day of ..............
19 . . . . . ., and that said newspaper has been continuously
and uninterruptedly published in said county during the
period of more than One Hundred and Four (104) weeks
consecutively, prior to the first publication of said notice,
or advertisement, as required by Section one, Chapter
four, Title 25 Oklahoma Session Laws, 1943, as amended
by House Bill No. 495, 22nd Legislature, and thereafter,
and complies with all of the prescriptions and require-
ments of the laws, of Oklahoma. (The advertisement above
referred to is a true and printed copy. Said notice was
published in all ,Qitions of *46� ne -1 aper and not in a
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supplement ther 0
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Subscribed and sworn to before me by Bill R./R6therford,
publisher of the 0i.,Ta. s. s. o.. 11� .ep3�t. . ..
this . dkv of . . Oct ......... 19 71
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Notary Pub
8-26-74
Mycommission -expires . .....................
PUBLISHER'S FEE $
Public Notiece
Published in the Owasso Reporter, Tuls a County, Owasso,
Okla.. Thursday October 21, 1971.
AN ORDINANCE REGULATING AND CONTROLLING THE
KEEPING OF DOGS WITHIN THE TOWN OF OWASSO,
OKLAHOMA; LIMITING NUMBER OF SUCH ANIMALS PER-
MITTED TO BE ON PREMISES WITHIN SAID TOWN; RE-
QUIRING KENNEL PROPRIETOR'S LICENSE AND PAYMENT
OF LICENSE FEES IN CERTAIN CASES; < PRESCRIBING
REGULATIONS AND REQUIREMENTS RELATING TO CON-
FINING AND KEEPING DOGS ON ANY PREMISES; REQUIR-
ING MINIMUM SIZE OF AREA FOR CONFINING DOGS
AND PROHIBITING SUCH AREAS TO EXTEND WITHIN A
DISTANCE OF TWENTY FEET FROM A STREET SIDE
PROPERTY LINE; ENFORCING RULES REGULATINGSANI-
TATION; PROHIBITING MAINTENANCE OF A NUISANCE;
PROVIDING DEFINITIONS OF WORDS AND PHRASES USED
IN THE ORDINANCE; PROVIDING PENALTIES FOR VIOLA-
TIONS OF ORDINANCE, AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD
OF TRUSTEES OF THE TOWN OF OWASSO, OKLAHOMA,
Section 1. DEFINITIONS. The following words and phrases,
when used in this ordinance, shall be given and have the
following meaning:
(a) Dog: The term "dog" as used herein shall mean and
include any dog, bitch, and every other animal of canine
species of the age of two months, or older.
(b) Kennel Proprietor: Any person, persons, firm or
corporation who shall, for a period of more than ninety
(90) days, keep or harbor more than two (2) dogs, shall be
presumed to operate a kennel whether the same be
operated for pleasure or for profit, and classified as being
commercial in nature.
Section 5. SANITATION. All owners or persons having
charge or control of any premises where the keeping of dogs
is permitted, shall pick up and remove daily from the area
within or upon which such dogs are kept or maintained, all
dung and animal excrement, and shall thereupon place or
cause same to be placed in an enclosed, fly -proof container;
and shall further prevent any offensive, disagreeable, or
noxious smell, stench or odor to arise from such area within
or upon which any dog or dogs may be kept or maintained.
provisions of this Section, the keeping of dogs and the area
within which same are confined or restrained shall be and
constitute a nuisance, subject to abatement as provided in
any other ordinance of The Town of Owasso, Oklahoma,
pertaining to abating other nuisances relating to the owning,
keeping and maintaining of dogs.
Section 6. BARKING DOGS A NUISANCE. Any crag which
barks, howls, wails or emits or utters sounds or noises, which
cause annoyance and disturb the peace or quietude of any
person or persons within the vicinity of the place where same
is being kept or to the neighborhood, is hereby declared 'a
nuisance, subject to being abated in the same manner as
other nuisances pertaining to dogs may be abated under
ordinances of The Town of Owasso Oklahoma.
Section 7. 'MAINTAINING NUISANCE AN OFFENSE.
Whenever the continuance of any nuisance as defined and
declared in Sections 5 and 6 of this ordinance is permitted to
exist, the owner, or person in charge of the premises and-or
dog or dogs shall be guilty of an offense, and each day such
nuisance is ;permitted to exist shall constitute a separate
offense.
Section 8. KENNEL` PROPRIETOR. It 'shall be 'unlawful
for any person to be a kennel proprietor, as herein defined,
within The Town of Owasso, unless such proprietor shall first
pay to the Town Clerk of said town an annual license fee of
Ten !Dollars ($10.04). Upon proof of proper zoning and
payment of such fee the Town Clerk shall furnish: to such .
kennel proprietor a license to engage in such business. The
Kennel Proprietor's license levied in this section shall be in
lieu of all other license fees prescribed in this ordinance and
the Ordinances of The Town of Owasso for dogs in such
kennel; provided that all dogs in such kennel shall be at all
times confined on the premises of such kennel proprietor;
and should any dog or bitch belonging to, or kept by, such
kennel proprietor be allowed off the premises of such kennel
proprietor, the owner or keeper, thereof shall pay the same
tax and license fee thereon as is required by the Ordinances
of The Town of Owasso for all dogs not kept by a kennel'
proprietor; and any such dog shall be subject to all of the
dog at large. Such kennel shall be maintained at all tunes in a
clean and sanitary condition and shall be subject to in-
spection by the town's Health Officer or other proper official'
of the Town of Owasso.
Section 9. KENNEL TAGS. It shall be the duty of the Town
Clerk to furnish to each kennel proprietor a sufficient number'
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number under which same was registered and said kennel
proprietor or other person in charge of such kennel, , shall tag
each doe or bitch in such kennel with one of said kennel tans
Section 11. SAVINGS CLAUSE. The provisions of this or-
dinance shall be severable' and, if any of the provisions shall
be held in contravention of the Constitution and Yaws of the
State of Oklahoma, the decisions of the Court shall not affect
the validity of the remaining portions. It is hereby declared to
be the intention of this ordinance that the same would have
been adopted had such unconstitutional or unlawful
provisions, if any, not been included herein.
EMERGENCY: ` WHEREAS, it being immediately
necessary for the preservation of the peace, health,
protection and safety of the Town of Owasso, Oklahoma, and
the inhabitants thereof, that the provisions of this ordinance
:- - __-. :_4.. ___A_+_ f ,rno nn i nffat>t ' nn P mergencv is
hazard to health, peace and safety, and by reason thereof,
this ordinance shall take affect and be in full force from and
after its passage, as provided by law.
PASSED, by the Board of Trustees of The `Down of Owasso,
Oklahoma, this 18th day of October, 1971.
EMERGENCY C:
t
by YinanliilOL1S VO C UL Luc "Vaau v: -
October, 1971.
APPROVED BY the President of the Board of Trustees of
The Town of Owasso, Oklahoma, this 18th day of October,
1971.
ATTEST: Inez H. Odom,
Town Clerk
Approved: M.S. Sawyer,
Town's Attorney
(SEAL)
JOE ROSS
President of the Board of Trustees of
The Town of Owasso, Oklahoma