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Home My WebLink About944_Prohibiting Animals to defecate in Public/Private SpacesTulsa County Clerk - EARLENE WILSON Doc # 2009088237 Page(s): 2 Recorded 08/24/2009 at 11:26 AM Receipt# 165336 Fee $16.00 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 944 AN ORDINANCE RELATING TO PART 4, ANIMALS, CHAPTER 1, ANIMAL REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY PROHIBITING PERSONS FROM ALLOWING THEIR ANIMALS TO DEFECATE ON PUBLIC OR PRIVATE PROPERTY WITHOUT REMOVING THE EXCREMENT. THIS ORDINANCE AMENDS PART 4, CHAPTER 1, OF THE CITY OF OWASSO CODE OF ORDINANCES BY ADDING A NEW SECTION TO BE CODIFIED AS SECTION 4 -119, ANIMAL EXCREMENT. 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 providing and codifying as follows: SECTION 4 -119 ANIMAL EXCREMENT SECTION TWO (2): It shall be unlawful for any person to allow an animal within their control to defecate on public or private property, other than that of the owner, unless such person shall immediately remove the excrement deposited by the animal in a sanitary method. SECTION THREE (3): REPEALER A. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (4): SEVERABILITY B. 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): DECLARING AN EFFECTIVE DATE C. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SIX (6): CODIFICATION D. The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be codified in Part 4, Chapter 1, as section 4 -119. PAS ED by the City Council of the City of Owasso, Oklahoma on the a day of 2009. Stephen taudella, Mayor ATTEST and legality this 14 1 day of Au, 2009. City Attorney PUBLISHER'S AFFIDAVIT ORD NO. 944 PUBLICATION DATE(S) 08/25/09 CASE NUMBER: ORD NO. 944 AD NUMBER: 00087916 LEGAL NOTICE S'r 11 ICJ OF OKLAHOMA COUNTY OF Tulsa I SS 1, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of general circulation in Tulsa, Oklahoma, a newspaper quali- fied 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 Icgal 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) sentative Signature Subscribed to and sworn to me this 26th day of August, 2009. Notary Public NANO CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2010 Customer #: 00000779 Customer: CITY OF OWASSO 4 NANCY CAROL MOORE Publisher's Fee: 100.80 Notary Public - State ofOHahoma Tulsa County My Commission Expires December 8, 2010 Commission # 06011684 of 11! 67916 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, August 25, 2009, CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 944 AN ORDINANCE RELATING TO PART 4, ANIMALS, CHAPTER 1, ANIMAL REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY PROHIBITING PERSONS FROM ALLOWINGTHEIR ANIMALS TO DEFECATE ON PUBLIC OR PRIVATE PROPERTY WITHOUT REMOVING THE EXCREMENT. THIS ORDINANCE AMENDS PART 4, CHAPTER 1, OF THE CITY OF OWASSO CODE OF ORDINANCES BY ADDING A NEW SEC- TION TO BE CODIFIED AS SECTION 4 -119, ANIMAL EXCRE- MENT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part Four, Animals, Chapter One, Animal Regula5ons, of the Code o' Ordinancec of the City of Owa::sc, Oklahoma, shall be amended by providing and codifying as follows: SECTION 4 -119 ANIMAL EXCREMENT SECTION TWO (2): It shall be unlawful for any person to allow an animal within their con- trol to defecate on public or private property, other than that of the owner, unless such person shall immediately remove the excrement deposited by the animal in a sanitary method. SECTION THREE (3): REPEALER A. All ordinances, or parts of ordinances, in conflict with this ordi- nance are hereby repealed to the extent of the conflict only. SECTION FOUR (4): SEVERABILITY B. If any part or parts of this ordinance are deemed unconstitution- al, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FIVE (5): DECLARING AN EFFECTIVE DATE C. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SIX (6): CODIFICATION D. The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be codified in Part 4, Chapter 1, as sec- tion 4 -119. PASSED by the City Council of the City of Owasso, Oklahoma on the 18th day of August, 2009. ATTEST: /s/ Sherry Bishop, City Clerk APPROVED as to form and legality: /s/ Julie Lombardi, City Attorney /s/ Stephen Cataudella, Mayor APPROVED BY COUNCIL AUU 19 ZUU9 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: PROPOSED ORDINANCES ANIMAL EXCREMENT AND PARK CURFEW DATE: AUGUST 14, 2009 BACKGROUND: Two ordinances are proposed for adoption by the City Council. The first ordinance, Animal Excrement, would require pet owners to dispose of excrement deposited by their pet on public property or on the private property of another person or entity. The second ordinance, Park Curfew, would impose a curfew from 11 p.m. to 5 a.m. in the City's parks and is intended to increase both protection to citizens and prevention of criminal activities from taking place in the city's parks during the nighttime hours. DISCUSSION OF ORDINANCES: A. Animal Excrement Proposed Ordinance No. 944 would require pet owners to immediately remove excrement deposited by their pet on any public property or on the private property of another person or entity. The majority of cities in Oklahoma, and throughout the United States, have adopted similar ordinances. An ordinance of this nature promotes health and sanitation while simultaneously placing full responsibility for a pet's waste upon the owner rather than the public or another property owner. B. Park Curfew Proposed Ordinance No. 945 would impose a curfew in the City's parks from 11 p.m. until 5 a.m. The proposed ordinance has the dual goals of increasing safety during the nighttime hours and reducing potential vandalism and other crimes during that period of time as well. Imposing a curfew from 11 p.m. to 5 a.m. has a number of benefits including the prevention of vandalism in the parks, enhancing the safety of park users, reducing potential accidents during the nighttime hours in parks without lights designed for night usage and preventing potential criminal acts by both adults and juveniles in the parks during the nighttime hours. RECOMMENDATION: Staff recommends City Council approval of the proposed Animal Excrement and Park Curfew ordinances. ATTACHMENTS: 1. Proposed Ordinance No. 944 2. Proposed Ordinance No. 945