ENGROSSED SENATE
BILL NO. 1591	By:	Loveless of the Senate

			and

		Denney of the House

[ cities and towns - Oklahoma Municipal Code - commercial pet breeders near schools - effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     11 O.S. 2011, Section 22-115.1, is amended to read as follows:
Section 22-115.1.  A.  Upon the effective date of this act, no dog kennel commercial pet breeder shall be located within two thousand five hundred (2,500) feet of a public or private school or licensed day care facility in a municipality having a population of more than three hundred thousand (300,000).  Provided, this prohibition shall not apply to a dog kennel commercial pet breeder that was lawfully in operation and in full compliance with all licensing, permitting and zoning requirements applicable to said kennel the commercial pet breeder prior to the effective date of this act.
B.  Upon the effective date of this act, no public officer or employee shall issue any type of license, permit, approval or consent for a dog kennel commercial pet breeder to be located within two thousand five hundred (2,500) feet of a public or private school or licensed day care facility in a municipality having a population of more than three hundred thousand (300,000).
C.  Applications for a dog kennel commercial pet breeder license or for any governmental permit, approval or consent needed to authorize the lawful operation of a dog kennel commercial pet breeder that are pending on the effective date of this act shall be subject to the prohibitions set forth in subsections A and B of this section.
D.  The provisions of subsections A and B of this section may be enforced by any public officer within whose jurisdiction a noncompliant dog kennel commercial pet breeder is located or by any other person aggrieved in any way by noncompliance with said the provisions.  Enforcement action may include a civil suit for an injunction filed in the district court in the county where a noncompliant dog kennel commercial pet breeder is located.
E.  Any municipality is hereby authorized to enact an ordinance consistent with the provisions of this section and to enforce said the ordinance by prosecution of violations in the municipal court, as provided by law.
F.  For the purposes of this section, the term "dog kennel commercial pet breeder" means any place other than a federal, state or municipal facility, veterinary hospital or medical research institute, where more than four dogs beyond the age of six (6) months are kept, harbored, boarded, sheltered or bred shall have the same meaning as given in Section 30.2 of Title 4 of the Oklahoma Statutes.
SECTION 2.  This act shall become effective November 1, 2014.
Passed the Senate the 11th day of March, 2014.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2014.

	
	Presiding Officer of the House
	of Representatives