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HomeMy WebLinkAbout858_Part 4 Ch 1_Keeping Dog_Cat_City LimitsTulsa County Clerk- EARLENE WILSON Doc# 2006057479 Pages 4 Receipt # 863385 05/22/06 12:21:07 Fee 19.00 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 858 AN ORDINANCE RELATING TO PART 4, ANIMALS, CHAPTER1, ANIMAL REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY AMENDING SECTION 4-110 TO AMEND LAW GOVERNING THE NUMBER OF ANIMALS WHICH MAY BE KEPT BY AN OWNER WITHIN THE CITY LIMITS. THIS ORDINANCE AMENDS PART 4, CHAPTER1, OF THE CITY OF OWASSO CODE OF ORDINANCES BY AMENDING SECTION 4-110. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO-WIT: SECTION ONE(1): Part Four, Animals, Chapter One, Animal Regulations, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by revising section 4-110 to read as follows: SECTION 4-110 KEEPING DOGS AND COATS WITHIN CITY LIMITS; SANITATION SECTION TOW (2): A. It is unlawful for any person, other than a properly licensed kemlel proprietor, a person who has been granted a rescue exemption permit which has been validated by the City of Owasso Animal Shelter, or a person who has been approved by the City of Owasso Animal Shelter to provide animal foster care, to keep or maintain upon any property or premises within the city limits more than (2) dogs and (3) cats. This limitation shall not be applicable to any litter of puppies or kittens for a period of ninety (90) days from birth if such puppies or kittens are born unto any adult dog or cat permanently maintained at such premises. B. Such animals shall be kept in a pen, lot or enclosure of four hundred (400) square feet in area, for each animal; or on a leash or chain of sufficient length or mobility as to permit each animal to occupy any area of not les than four hundred (400) square feet in area, which areas must be ten (10) feet or more in width, and shall not extend or protrude closer than or within twenty (20) feet from any street side property line of such premises; C. All owners or persons having charge or control of any premises where the keeping of dogs or cats are permitted shall pick up and remove daily from the area within or upon which such dogs and cats 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. The owner shall further prevent any offensive, disagreeable, or noxious smell, stench or odor to arise from such area within or upon which any dog or cats may be kept or maintained. Upon failure to comply with the provisions of this section, the keeping of dogs or cats and the area within which they are confined or restrained shall constitute a nuisance, subject to abatement as provided within this Code of Ordinances. D. The Owasso Animal Shelter shall maintain a register of qualified rescue exemption permit holders and /or qualified foster homes. Applications for such permits shall be submitted in writing to the Owasso Animal Shelter, and the Animal Shelter shall notify the applicant in writing of their acceptance or denial for a permit within thirty (30) days of application. The holder of a rescue exemption permit or approved foster home permit shall be permitted to own and keep at a single family dwelling a number of dogs and cats exceeding that permitted in subsection (A), provided however, that the permit holder shall not allow more than the number of dogs and cats permitted in subsection (A) outside the residence at any one time. All rescue exemption permit holders and foster home permit holders shall be subject to random inspections by an animal control officer, or other designee of the Chief of Police, at anytime. Refusal to submit to random inspection will result in revocation of the holder's rescue exemption or foster home permit. The Owasso Animal Shelter, acting under the authority of the Chief of Police, is authorized at any time to revoke the rescue exemption or foster home permit to ensure proper care for the animals housed therein. E. The total number of animals allowed by a rescue permit holder or foster home shall be no more than: 1. A maximum of four (4) dogs, or 2. A maximum of six (6) cats. The total number of dogs and cats may not be combined. The application submitted to the Owasso Animal Shelter must specify which type of animal the applicant proposes to house. F. The following shall apply to the granting of any permit: 1. Rescue Exemption Permit: A rescue exemption permit may be granted to a qualified animal rescue or its designee or agent. 2. Qualified Animal Rescue: A qualified animal rescue is defined as an animal rescue group which has obtained IRS Code section 501(c)(3) approval and has provided copies of the paperwork approving such status to the Owasso Animal Shelter. 3. Qualified Foster Home: A qualified foster home exemption may be granted to applicants living in a single family dwelling who have been approved by either a qualified animal rescue or the Owasso Animal Shelter to foster animals pending 2 adoption or termination of the animal. G. Special Circumstances Waiver: A special circumstances waiver may be granted to a qualified rescue exemption permit holder or a qualified foster home permit holder by the Chief of Police or his or her designee. Granting of such waiver will allow the permit holder to house a number of animals exceeding the number set forth in (E), and in such number as may be set by the Chief of Police or his or her designee. The following qualifications must be met to obtain a special circumstances waiver: a. All animals must be kept inside the dwelling except that the permit holder may perinit the animals outside in such number as set in (D), b. Regularly scheduled and random inspections will be conducted by the Owasso Animal Shelter to ensure adequate standards of sanitation are being met and the animals are treated humanely. c. Any complaint filed by a neighbor residing in the vicinity of the permit holder's home shall be investigated by an animal control officer acting under the authority of the Chief of Police. If such complaint is found to be valid, a permit holder may be given a warning and must correct the deficiency within three (3) days. If the permit holder is unable to correct such deficiency, or fails to do so, the special circumstances waiver may be revoked by the Chief of Police or his or her designee. d. The Chief of Police, or his or her designee, may revoke the special circumstances waiver for any reason and at any time to ensure proper care for the animals housed or to ensure health and safety of citizens. H. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (4)e SEVERA ILITV Ia If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FIVE (5)e DECLARING AN EFFECTIVE DATE J. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. K. The City of Owasso Code of Ordinances is hereby amended by amending section 4 -110, codified in Part 4, Chapter 1 of the Code of Ordinances of the City of Owasso. PASSED by the City Council of the City of Owasso, Oklahoma on the day of 2006. Stephen ataudella, Mayor Sherry Bishop City Clerk this day of it , 2006. Julie Lombardi City Attorney CITY OF: JUNE 26, 2006 PO BOX 180 OWASSO, OK 74055 Please pay From This Invoice, No Statement Rendered Except on Request. 2% Service Charge Per Month On Past Due Accounts This Would Result In An Annual Percentage Rate of 24 Percent Newspaper Newspaper BYRD PUBLICATION DATE(S) 06/22/06 CASE NUMBER: #858 STATE OF OKLAHOMA COUNTY ' OF TULSA I SS i, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a daily newspaper of general circulation in Tulsa,Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the ABOVE LISTED DATE(S) Reprensentative Signature Subscribed to and sworn to me this 23rd day of June 2006. Notary Public LINDA K. AMOS My commission Number: 01011956 My commission expires: August 11, 2009 Customer: City Of Owasso Cust No: 00000779 Publisher's Fee: $ 336.00` Published in the Owasso Re- porter, Owasso, Tulsa County, Oklahoma, June 22, 2006, CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 858 AN ORDINANCE RELATING TO PART 4, ANIMALS, CHAP- TER 1, ANIMAL REGULA- TIONS, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY AMENDING SECTION 4 -110 TO AMEND LAW GOVERNING THE NUMBER OF ANIMALS WHICH MAY BE KEPT BY AN OWNER WITHIN THE CITY LIMITS. THIS ORDINANCE AMENDS PART 4, CHAPTER 1, OF THE CITY OF OWASSO CODE OF ORDINANCES BY AMENDING SECTION 4 -110. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part Four, Animals, Chapter One, Animal Regulations, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by revising section 4 -110 to read as follows: SECTION 4 -110 KEEPING DOGS AND CATS WITHIN CITY LIMITS; SANITA- TION SECTION TWO (2): A. It is unlawful for any person. other than a properly licensed kennel proprietor, a person who has been granted a rescue ex- emption permit which has been validated by the City of Owasso Animal Shelter, or a person who has been approved by the City of Owasso Animal Shelter to provide animal foster care, to keep or maintain upon any property or premises within the city limits more than (2) dogs and (3) cats. This limitation shall not be applicable to any litter of puppies or kittens for a period of ninety (90) days from birth if such puppies or kittens are born unto any adult dog or cat permanently maintained at such premises. B. Such animals shall be kept in a pen, lot or enclosure of four hundred (400) square feet in area, for each animal; or on a leash or chain of sufficient length or mobility as to permit each animal to occupy any area of not les than four hundred (400) square feet in area, which areas must be ten (10) feet or more in width, and shall not ex- tend or protrude closer than or within twenty (20) feet from any street side property line of such premises; C.AII owners or persons having charge or control of any prem- ises where the keeping of dogs or cats are permitted shall pick up and remove daily from the area within or upon which such dogs and cats are kept or main- tained all dung and animal ex- crement, and shall thereupon place or cause same to be placed in an enclosed, fly -proof container. The owner shall I - ther prevent any offensive, dis- agreeable, or noxious smell, stench or odor to arise from such area within or upon which any dog or cats may be kept or maintained. Upon failure to comply with the provisions of this section, the keeping of dogs or cats and the area within which they are confined or restrained shall constitute a nuisance, subject to abatement as provided within this Code of Ordinances. D.The Owasso Animal Shelter shall maintain a register of qualified rescue exemption per- mit holders and /or qualified fos- ter homes. Applications for such permits shall be submitted in writing to the Owasso Animal Shelter, and the Animal Shelter shall notify the applicant in writ- ing of their acceptance or de- nial for a permit within thirty (30) days of application. The holder of a rescue exemption permit or approved foster home permit shall be permitted to own and keep at a single family dwelling a number of dogs and cats exceeding that permitted in subsection (A), provided how- ever, that the permit holder shall not allow more than the number of dogs and cats per- mitted in subsection (A) out- side the residence at any one time. All rescue exemption per- mit holders and foster home permit holders shall be subject to random inspections by an animal control officer, or other designee of the Chief of Police, at any time. Refusal to submit to random inspection will result in revocation of the holder's rescue exemption or foster home permit, The Owasso Ani- mal Shelter, acting under the authority of the Chief of Police, is authorized at any time to re- voke the rescue exemption or foster home permit to ensure proper care for the animals housed therein. E.The total number of animals allowed by a rescue permit holder or foster home shall be no more the 1.A maximum of four (4) dogs, or 2.A maximum of six (6) cats. The total number of dogs and cats may not be combined. The application submitted to the Owasso Animal Shelter must specify which type of ar, mal the applicant proposes to house. F. The following shall apply to the granting of any permit: 1.Rescue Exemption Permit A rescue exemption permit may be granted to a qualified animal rescue or its designee or agent. 2. Qualified Animal Rescue: A qualified animal rescue is de- fined as an animal rescue group which has obtained IRS Code section 501(c)(3) ap- proval and has provided copies of the paperwork approving such status to the Owasso Ani- mal Shelter, 3. Qualified Foster Home. A MAYOR AND CITY COUNCIL CITY OF TROUT LOMBARDI CITY ATTORNEY The Chief and Deputy Chief of Police and the Owasso Animal Shelter have recommended amendment of four existing animal control ordinances and the repeal of two others. These requests have been made in an effort to align our ordinances with changes in relevant state law and regulations, and to provide the police department and animal control division with additional authority and flexibility to effectively house, adopt and euthanize animals taken into custody. The amended portions of four ordinances, sections 4 -110, 4 -120, 4 -132 and 4-147 have been printed in bold for clarity so that the new proposed amendments may be distinguished from existing law. The two ordinances recommended for repeal, 4 -135 and 4 -137, have been printed in frill for your review. It is recommended that both ordinances be repealed in their entirety. A. Section Sanitation Article 4 of the Code of Ordinances limits the number of pets in each household to no more than two dogs and three cats. While the police department and animal control personnel are desirous of maintaining this general limitation, they do acknowledge that greater flexibility is needed within the Code to encompass qualified animal rescue groups and persons who provide animal foster care for pets awaiting adoption. The proposed amendment to this ordinance sets forth a process by which either a person affiliated with a qualified rescue association (qualified as a non- profit under §501 (c)(3) of the Internal revenue Code) or a person functioning as a qualified foster home (certified by the Owasso Animal Shelter as such) may apply for an exemption to the general rule limitation of two dogs and three cats. The Chief of Police is given complete discretion and authority to grant or deny the requested exemption based on inspections performed by animal control officers. If the exemption is granted, a permit holder may lawfully keep either four dogs or six cats. The total number of cats and dogs may not be combined. 1 In addition to the above, the Chiefs of Police and the animal control division have requested greater flexibility to allow a small number of individuals to keep more animals within their home than allowed even by the permit. In fact, this is occurring at this time with individuals affiliated with rescues and those who foster animals awaiting adoption from the City's animal shelter. To accommodate this request, the proposed amendment allows for a special circumstances waiver. The granting of this waiver, as well as the total number of animals an individual is allowed to keep, is solely within the discretion of the Chief of Police. The waiver may be revoked by the Chief at any time if he or she believes that the health and welfare of either the animals being cared for or the citizens within the community is in jeopardy. A number of individuals have been extremely helpful to the Owasso Animal ,Shelter for many years, and have housed animals within their homes while attempting to find suitable adoption placements. This amendment is intended to lawfully allow such individuals to continue this charitable work which is highly beneficial to the animal shelter, while preventing the citizenry as a whole from owning as many dogs or cats as they choose. Therefore, the amendment sets forth an application process for obtaining a permit and, in some cases, a special circumstances waiver. It should be noted that any person applying for either a permit or a special circumstances waiver must submit to periodic, random inspections, and that the permit or waiver may be revoked at any time it is in the best interest of the animals or the City to do so. B. Section 4--120 Rabies Vaccinations Current law requires that owners of dogs, cats and ferrets have a rabies vaccination administered to their pet each year and obtain a veterinarian's certificate showing the date of the vaccination. While annual vaccinations will continue to be permissible under the amended ordinance, provision is made for owners wishing to utilize the new three year rabies vaccination that is now available and being offered by local veterinarians. The ,State of Oklahoma has amended administrative regulations to make the Animal Code inclusive of three year rabies vaccinations. C. Section 4 -132 Animals to be Impounded The current ordinance states that an animal may be placed for adoption or humanely euthanized if not claimed within four days from the time the animal was taken into custody, excluding weekends and holidays. The proposed amendment would allow the animal to be adopted or cuthanized within three days rather than four while excluding only Sundays and holidays (the animal shelter is open for business on Saturdays). This amendment is intended to case overcrowding within the animal shelter and allow greater flexibility for the immediate adoption of abandoned dogs and cuthanization of vicious or dangerous dogs. The proposed ordinance provides that the owner of an animal taken into custody will be notified that the animal has been impounded at the animal shelter if the owner's identity may be discerned from tags or other records. In the event the owner is identified but cannot be contacted by telephone or in person at their residence of record, a certified letter will be mailed to the owner notifying them that their animal has been taken into custody. If no response is received within seven (7) days of mailing, the animal may be adopted or euthanized. In the past, animals have remained at the animal shelter for long periods of time because their owners could not be M contacted by telephone or home visit and did not pick up registered mail sent to them. This amendment is intended to establish a more efficient process by which an animal may be adopted, given to a rescue organization or euthanized. Currently the police department and animal control personnel have no authority to immediately euthanize a seriously injured animal found on the street or a sick animal dropped anonymously at the animal shelter whose owner is unknown. The only recourse has been to seek treatment for the animal at a veterinary hospital at the City's expense, or to allow the animal to suffer. Proposed section (D) authorizes animal control officers to immediately euthanize sick or injured animals whose owners cannot be found. D. Section 4 -147 Spay /Neuter Requirements This ordinance requires that each dog or cat kept by an owner within the City limits be spayed or neutered by the time the animal is six months old. Failure to do so will result in the issuance of a citation requiring that the animal be spayed or neutered within thirty (30) days. Failure to comply with the initial citation will result in additional citations being issued until the animal is spayed or neutered. Several exceptions and exemptions are provided for within this ordinance. First, application of the ordinance is prospective only, meaning it does not apply to animals currently owned and lawfully licensed within the City of Owasso (not applicable to animals lawfully licensed prior to July 1, 2006.) Current licenses, tags or veterinarians records may be used to establish that the animal was lawfully licensed prior to July 1, 2006. In addition, pet owners wishing to breed their pets or use them as show animals may apply to the Chief of Police for an exception to this ordinance. Mandatory spaying and neutering ordinances have been adopted by the City of Tulsa and numerous other municipalities in an effort to curb tremendous increases in the propagation of unwanted animals that eventually end up the city's animal shelter. Reduction of the number of homeless uncared for animals potentially slows our requirements for expansions of facilities and personnel. E. Reveal of Section 4 -135 Sale of Impounded Animals The Owasso Animal Shelter does not engage in the practice of selling or publicly auctioning animals which have not been adopted or claimed by an owner. Therefore, sections 4 -135 and 4- 137 (see (F) below) are moot provisions within Owasso's Code of Ordinances. In fact, stringent qualifications govern the public sale or auction of animals, and to engage in this practice potentially subjects the City to liability. F. Repeal of Section 4-137 Owner May Claim Excess Money Same as discussion of (E) above. 3 The staff recommends City Council approval of the attached ordinances. 1. Ordinance 858 — Section 4 -110 Keeping hogs and Cats Within City Limits; Sanitation 2. Ordinance 859 — Section 4 -120 Rabies Vaccinations 3. Ordinance 860 - Section 4 -132 Animals to be Impounded 4. Ordinance 861 — Section 4 -147 Spay/Neuter Requirements 5. Ordinance 862 — Section 4 -135 Sale of Impounded Animals (Repeal) 6. Ordinance 863 — Section 4 -137 Owner May Claim Excess Money (Repeal) 91