Lawton City Council to consider ban on keeping pets outside in the cold

Rover may not be able to stay outside for long when the temperature drops below 32 degrees if the City Council has its way.

A formal definition for service animals and action preventing pet owners from keeping dogs outside when temperatures fall below 32 degrees will be discussed today by the City Council.

Council members are looking at adding multiple pet-friendly requirements to the city codes related to animals and their care, to include one tied to winter weather. The proposal is modeled on one passed by Oklahoma City in recent years and that, in turn, was influenced by animal rights provisions passed in communities in other states.

Placed among provisions that define mistreatment of animals, the proposal specifies that when temperatures are below 32 degrees in Lawton, “no dog shall be outdoors and unattended for a period of one-half hour or longer.” While city code already requires outdoor pets to have shelter, this amended provision specifies a dog will be considered “outdoors” unless its outdoor shelter has “an independent source of heat that is safe for use in outdoor shelters and does not pose a danger to the animal.”

If approved by the council today, the ordinance would go into effect in 30 days.

The service animal provisions are included under a series of changes planned for the treatment of animals, to include dogs, cats and exotic pets, including reptiles. The proposal had included a requirement to microchip animals when it was introduced two weeks ago, but those provisions have been removed.

What remains are changes to Chapter 5 of city code, to include a definition of service animals, where they are allowed and questions that may be asked of their owners.

A service animal is defined as dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a physical, sensory, psychiatric, intellectual or other mental disability. The Americans With Disabilities Act, upon which the definition is based, does not allow other animals to qualify as service animals. City code also would specify that dogs not trained to perform tasks that mitigate the effects of a disability, including “dogs that are purely for emotional support,” are not service animals.

Service animals are allowed to go where the public is allowed to go, when accompanying individuals with disabilities. When it is not obvious what service the animal provides, the code states that only specific questions may be asked: is the animal is required due to a disability and what the specific task the animal is trained to perform. “Providing comfort and/or emotional support does not quality as performing a specific task under the Americans with Disabilities Act,” the provision states.

Other changes are proposed for the code, to include a provision making it unlawful to keep, harbor or possess large reptiles — such as snakes and lizards — that are capable of exceeding 40 pounds when they are adults.

Other changes would give the animal welfare superintendent the discretion to extend the redemption period for impounded animals. Amendments to the euthanasia provision would require the written approval of city manager or his/her designee before an animal could be euthanized, if that is to be done for humane reasons, without waiting the mandatory 72-hour redemption period for owners.