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Council sustains appeal; home-based dog daycare can continue after hearing over 4-animal limit

January 06, 2025 | Moore, Cleveland County, Oklahoma


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Council sustains appeal; home-based dog daycare can continue after hearing over 4-animal limit
The Moore City Council voted Jan. 6 to sustain an appeal from Britney Tumalo, owner of Board to the Bone, allowing the home-based dog daycare to continue operating after a city compliance letter citing a four-animal limit.

City staff said a complaint filed Oct. 27, 2024 alleged more than 20 dogs were at the location; code enforcement conducted observations. A stakeout on Nov. 8 documented drop-off and pickup activity between about 6:45 a.m. and 8 a.m. and again from about 4:15 p.m. to 5 p.m.; the officer recorded four different dogs being dropped off from three vehicles and reported no audible barking, no odors and no traffic congestion during those times. Staff reviewed the home occupation ordinance (adopted in 2021) and concluded the operation did not appear to violate measurable home-occupation criteria such as excessive noise, odor beyond the property line, or prohibited hours. Staff issued a compliance letter and brought the matter to council after the reporter appealed the home-occupation decision.

Staff and the city attorney told council there is also an animal control ordinance that generally limits the number of animals to four, but that ordinance contains an exception for kennels and the home-occupation rules provide measurable criteria to determine whether a home-based kennel/daycare may operate. Council was presented with evidence from the owner and multiple neighbors who testified that they do not hear barking, do not smell issues, and support the business. Neighbors who spoke included Melissa Reese (1717 Southeast 16th Street), Mickey Finner (1708 Southeast 16th Street), Judy Wesselhoft, Emily Welch and Cindy Bridal; each described the operation as clean and not disruptive.

Owner Britney Tumalo said the business at 1713 Southeast 16th Street operates as an LLC, pays taxes, and generally hosts dogs for day care with occasional overnight stays; she said the most dogs she has had at one time was about 15 but that typical counts are lower. Council heard that the animal-control limit for ownership is four animals but that kennels are a recognized exception; staff said past enforcement has focused on odor, noise, traffic and similar measurable impacts rather than solely a headcount.

After discussion about whether to table the matter for further review, council voted to sustain the appeal and allow Board to the Bone to continue operating as it had been. Council members voting yes: Louie Williams, Adam Webb, Rob Clark, Kathy Griffith, Melissa Hunt and Mark Kent. Sid Porter voted no.

City staff noted the council retains authority to act if future complaints document violations of measurable standards (odor, noise, traffic), at which point the city could impose conditions or revoke the home-occupation privilege.

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