Broken Arrow City Council
Meeting of: 2-6-2024
Title:
title
Consideration, discussion, and possible adoption of Ordinance No. 3815, an ordinance amending the Broken Arrow Code of Ordinances Chapter 5, Animals, Article I in General, Section 5-1 Definitions; specifically clarifying the definition of adequate shelter and nuisance animal; Section 5-6, deleting the dog/cat license fee, registration and tag generally; Section 5-10 Staking, confining or pasturing or tethering an animal, making it unlawful to keep animal on tether with certain recognized exceptions; Section 5-14.1 Management of dogs, cats, or ferrets that bite a person, specifically making it unlawful to refuse to confine a dog, cat or ferret that has bitten a person or other animal; Section 5-17, Cruelty to animals generally, adding additional behavior that constitutes an animal cruelty offense, including intentional harassment, overworking of an animal and allowing any animal to be provided to another person as a promotional item; Section 5-37 Redemption of impounded animal, removing requirement to provide a dog/cat license to redeem an impounded animal; Section 5-38, Destruction or sale of impounded animals; allowing for adoption of unclaimed animals after three days; sterilization of adopted dog or cat, additional factors the City may consider in refusing adoption of impounded animals, including when the applicant has a record of cruelty to animals, is under eighteen; has committed acts of harassment to animals; owns other animals in violation of Chapter 5; refuses to comply with adoption requirements; has released two or more animals to the Broken Arrow Animal Shelter in the last twelve months; lacks adequate housing for the adopted animal; has a conviction in Municipal Court for violation of Chapter 5; Section 5-40 Sale of animal, making it unlawful to offer or accept any animal for sale on any property not owned or rented by the seller or buyer with certain exceptions; repealing all ordinances to the contrary; and declaring an emergency
End
Background:
The Legal Division of the City of Broken Arrow, in conjunction with the Police Department and the Animal Shelter, presented several recommended changes to the City’s Animal Code at the December 19, 2023 and January 2, 2024 Council meetings. Following input from Council, the following changes are presented for consideration for adoption as a final ordinance. These changes include:
Chapter 5. “Animals” of the City ordinances regulates animals within the City limits of Broken Arrow. These amended Ordinances will modify existing language and will clarify issues related to the Animal Code;
Section 5-1 Definitions; specifically clarifying the definition of adequate shelter and nuisance animal;
Section 5-6, deleting the dog/cat license fee, registration and tag generally;
Section 5-10 Staking, confining or pasturing or tethering an animal, making it unlawful to keep animal on tether with certain recognized exceptions including the dog being supervised by the owner, has access to water and shelter and is not subject to entanglement that could cause the animal any injury or discomfort;
Section 5-14.1 Management of dogs, cats, or ferrets that bite a person, specifically making it unlawful to refuse to confine a dog, cat or ferret that has bitten a person or other animal;
Section 5-17, Cruelty to animals generally, adding additional behavior that constitutes an animal cruelty offense, including intentional harassment, overworking of an animal and allowing any animal to be provided to another person as a promotional item;
Section 5-38, Destruction or sale of impounded animals; sterilization of adopted dog or cat, allowing for adoption of unclaimed animals after three days but keeping the five day time limit for destruction except for cases of emergency; adding additional factors the City may in refusing adoption of impounded animals, including when the applicant has a record of cruelty to animals, is under eighteen; has committed acts of harassment to animals; owns other animals in violation of Chapter 5; refuses to comply with adoption requirements; has released two or more animals to the Broken Arrow Animal Shelter in the last twelve months; lacks adequate housing for the adopted animal; has a conviction in Municipal Court for violation of Chapter 5;
Section 5-40 Sale of animal, making it unlawful to offer or accept any animal for sale on any property not owned or rented by the seller or buyer with certain exceptions, such as adoption events on property not owned by the group with authorization from the property owner or as specifically permitted by the City.
Cost: $0.00
Funding Source: N/A
Requested By: Trevor A. Dennis, City Attorney
Approved By: City Manager’s Office
Attachments: Ordinance No. 3815;
Recommendation:
recommend
Adopt Ordinance No. 3815 and approve emergency clause.
end