The Enid News and Eagle, Enid, OK

Local news

November 10, 2009

Proposed city livestock ban draws heated exchanges

City commissioners approved a controversial livestock ordinance with some changes Tuesday night after lengthy and sometimes angry discussion.

The ordinance amended Enid’s livestock ordinance, establishing specific conditions for keeping animals in city limits and calling for permit to be issued for people keeping animals. People who live in areas zoned agricultural or who have three acres or more are exempt from the ordinance. The ordinance also removes a grandfather clause, which means livestock in areas that do not meet the new requirements must be re-moved.

Under the measure approved Tuesday, people who keep livestock on their property must have at least one acre and a permit. Failure to get a permit could result in a $500 fine. During the two-hour discussion, a number of residents signed up to speak and discussed their concerns about the ordinance. Most of the people with acreages told commissioners they moved to their current homes so they could keep livestock. Most of them had horses.

City Attorney Adrea Chism showed a slide presentation of egregious violations, including chickens running in the streets in a residential area. Other animals were being kept in poorly maintained areas.

Former city attorney Carol Lahman, who was fired by Enid City Commission in January, suggested a number of changes in the ordinance, saying what commissioners were considering was not proper under state law. She suggested the ordinance allow livestock on agricultural zoning, which it does, and on residential estates of about one-half acre, which is what those areas are designed for, she said. She also asked that permits be specific about the amount of livestock on a property and that permits be renewable so city staff members can investigate to see if any complaints against the property have been filed.

She said she would add an exception for chickens on property of less than an acre. She also said the agenda item is not clear because it does not specify commissioners were removing the grandfather clause.

Lahman later suggested the ordinance be tabled until it could be improved, and Mayor John Criner angrily told her she was out of order.

“We would have had an animal ordinance already if not for you,” Criner said.

Former commissioner Loyd Kaufman, who lives on North Washington, said he purchased a horse for his mentally handicapped daughters and does not have the zoning or acreage to keep the animal.

“I’m not getting rid of that horse, and I will fight you until the day I die for it,” he said. “I think you need to do it on a case-by-case basis.”

City Manager Eric Benson and Lahman also verbally sparred during the exchange, and the meeting was tense.

The Rev. Stephen Samples, who earlier asked to keep the chickens he has on his property, tried to calm the tension.

“These people all came here in good faith,” he said. “There shouldn’t be conflict between Carol and the council.”

Chism told the commission she was comfortable with the ordinance meeting legal muster but had no problem with tabling it until a subsequent meeting.

After a lengthy discussion, commissioners approved the ordinance.

In other business, commissioners took about 10 minutes to approve an $8.3 million loan from Oklahoma Water Re-sources Board to replace most of the 19,000 water meters in Enid.

The meters will be replaced with a radio-controlled meter reading system, which eventually will eliminate manual meter reading.

Bond agent Allan Brooks told commissioners OWRB will forgive part of the loan, up to $2 million. The funding will be placed as a contingency source, and the city will draw on it when needed. Whatever the final amount is will be certified, and the city will repay that amount at 3.23 percent interest for 20 years.

The loan will be secured by revenues.

At the beginning of the meeting, commissioners honored Finance Director Jerald Gilbert, who recently returned from service in Iraq with the National Guard’s 45th Fires Brigade, headquartered in Enid.

A proclamation declared Tuesday to be Jerald Gilbert Day. Gilbert said the honor is not about him but about what all members of the brigade did together.

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