A. No 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 commercial pet breeder that was lawfully in operation and in full compliance with all licensing, permitting, and zoning requirements applicable to the commercial pet breeder prior to the effective date of this act.
B. No public officer or employee shall issue any type of license, permit, approval or consent for a 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 commercial pet breeder license or for any governmental permit, approval or consent needed to authorize the lawful operation of a 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 commercial pet breeder is located or by any other person aggrieved in any way by noncompliance with the provisions. Enforcement action may include a civil suit for an injunction filed in the district court in the county where a noncompliant 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 the ordinance by prosecution of violations in the municipal court, as provided by law.
F. For the purposes of this section, the term "commercial pet breeder" shall have the same meaning as given in Section 30.2 of Title 4 of the Oklahoma Statutes.
Added by Laws 2008, c. 433, § 1, emerg. eff. June 4, 2008. Amended by Laws 2015, c. 44, § 1, eff. Nov. 1, 2015.
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