HomeMy WebLinkAbout858_Part 4 Ch 1_Keeping Dog_Cat_City LimitsTulsa County Clerk- EARLENE WILSON
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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
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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.
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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.
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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)
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