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§4-1. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§4-2. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§4-11. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§4-12. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§4-13. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§4-14. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§4-15. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§4-21. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§4-22. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§4-23. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
=2-#//7/'/1'# .%(
§4-24. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§4-25. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§4-29.1. Repealed by Laws 1951, p. 91, § 608.
§4-29.2. Repealed by Laws 1951, p. 91, § 608.
§4-29.3. Repealed by Laws 1951, p. 91, § 608.
§4-30.1. Commercial Pet Breeders and Animal Shelter Licensing Act.
This act shall be known and may be cited as the "Commercial Pet
Breeders and Animal Shelter Licensing Act" and shall be administered
by the State Board of Agriculture.
Added by Laws 2012, c. 302, § 1, eff. July 1, 2012. Amended by Laws
2013, c. 289, § 1.
§4-30.2. Definitions.
As used in the Commercial Pet Breeders and Animal Shelter
Licensing Act:
1. "Adult animal" means an intact female animal twelve (12)
months of age or older;
2. "Animal" means a dog or a cat;
3. "Animal shelter" means any nongovernmental facility that
maintains ten or more dogs and cats operated by or under contract for
the state, a county, a municipal corporation, or any other political
subdivision of the state for the purpose of impounding or harboring
seized, stray, homeless, abandoned or unwanted dogs or cats; and any
facility that maintains ten or more dogs and cats operated, owned, or
maintained by any person or organization for such purpose, but not
including any facility that does not house or harbor dogs or cats on
the premises and only operates through a system of fostering in
private homes;
4. "Animal shelter operator" means any individual, entity,
association, trust, or corporation that operates a nongovernmental
facility that maintains ten or more dogs and cats for the purpose of
impounding or harboring seized, stray, homeless, abandoned or
unwanted dogs or cats, but not including any facility that does not
house or harbor dogs or cats on the premises and only operates
through a system of fostering in private homes;
5. "Board" means the State Board of Agriculture;
6. "Cat" means a mammal that is wholly or partly of the species
Felis domesticus;
7. "Commercial breeder" and "commercial pet breeder" mean any
individual, entity, association, trust, or corporation who possesses
=2-#//7/'/1'# .%
eleven or more intact female animals for the use of breeding or
dealing in animals for direct or indirect sale or for exchange in
return for consideration;
8. "Commercial pet breeder license" means a license issued to
any person that qualifies and is licensed as a commercial pet
breeder;
9. "Animal shelter license" means a license issued to any
applicant that qualifies and is licensed as an animal shelter
operator;
10. "Department" means the Oklahoma Department of Agriculture,
Food, and Forestry;
11. "Dog" means a mammal that is wholly or partly of the species
Canis familiaris;
12. "Facility" means the premises used by one or more animal
shelter operators or commercial breeders. The term includes all
buildings, property, and confinement areas in a single location used
to conduct the animal shelter or commercial breeding business;
13. "Family member" means the parent, spouse, child, or sibling
of an individual;
14. "Humane society" means a nonprofit organization exempt from
federal income taxation as an organization described in Section
501(c)(3), Internal Revenue Code of 1986, as amended, that has as a
principal purpose the prevention of animal cruelty or the sheltering
of, caring for, and providing of homes for lost, stray, and abandoned
animals;
15. "Inspector" means an authorized agent of the Board or any
other qualified person authorized by the Department to conduct
inspections;
16. "Intact female animal" means a female animal, nine (9)
months of age or older, and not spayed;
17. "Kitten" means a cat less than twelve (12) months old;
18. "Local animal control authority" means a municipal or county
animal control office with authority over the premises in which an
animal is kept or, in an area that does not have an animal control
office, the county sheriff;
19. "Marketing" means the solicitation for sale of animals;
20. "Noncommercial breeder" means any individual, entity,
association, trust, or corporation who possesses ten or fewer intact
female animals for the use of breeding or dealing in animals for
direct or indirect sale or for exchange in return for consideration;
21. "Person" means any individual, association, trust,
corporation, limited liability company, partnership, or other entity;
22. "Pet" means a dog or cat, including a puppy or kitten;
23. "Possess" means to have custody of or control over;
24. "Puppy" means a dog less than twelve (12) months old; and
25. "Veterinarian" means a person currently licensed to practice
veterinary medicine in Oklahoma.
=2-#//7/'/1'# .%
Added by Laws 2012, c. 302, § 2, eff. July 1, 2012. Amended by Laws
2013, c. 289, § 2.
§4-30.3. Enforcement of act.
A. The State Board of Agriculture shall enforce and administer
the provisions of the Commercial Pet Breeders and Animal Shelter
Licensing Act.
B. The Board shall adopt the rules necessary to enforce and
administer the Commercial Pet Breeders and Animal Shelter Licensing
Act, including but not limited to rules that:
1. Establish standards for care;
2. Establish reasonable and necessary fees;
3. Establish exemptions for intact female animals held solely
for the purpose of training and that are not bred, with documentation
to include sales and training records;
4. Establish provisions related to initial and renewal
applications, revocation or nonrenewal of licenses, procedures for
sale of animals, and procedures for making complaints; and
5. Establish any other rules deemed necessary by the Board.
Added by Laws 2012, c. 302, § 3, eff. July 1, 2012. Amended by Laws
2013, c. 289, § 3.
§4-30.4. Licensure.
A. A person shall not act, offer to act, or hold himself or
herself out as a commercial pet breeder or operate an animal shelter
in this state unless the person holds a license obtained pursuant to
the Commercial Pet Breeders and Animal Shelter Licensing Act for each
facility that the person owns or operates in this state.
B. It shall be unlawful for any person to act as a commercial
pet breeder licensee, or operate as an animal shelter licensee, or to
hold himself or herself out as such, unless the person shall have
been licensed to do so under the Commercial Pet Breeders and Animal
Shelter Licensing Act.
C. An applicant for an animal shelter or commercial pet breeder
license shall meet the criteria established by the State Board of
Agriculture through rules promulgated pursuant to the Commercial Pet
Breeders and Animal Shelter Licensing Act.
D. Any animal shelter operator or commercial pet breeder that
applies for an animal shelter or commercial pet breeder license no
later than September 1, 2013, shall not be required to meet any cage-
size requirement more stringent than United States Department of
Agriculture standards. Regardless of license application date, any
animal shelter operator or commercial pet breeder replacing or adding
cages after September 1, 2013, shall meet the cage-size requirements
as of the date of replacement or addition.
Added by Laws 2012, c. 302, § 4, eff. July 1, 2012. Amended by Laws
2013, c. 289, § 4.
=2-#//7/'/1'# .%
§4-30.5. Application for licensure - Inspection of applicant.
A. The Oklahoma Department of Agriculture, Food, and Forestry
may contract with a local veterinarian licensed by the state, other
state agency or any other qualified person to conduct or assist in an
initial prelicense inspection and annual inspections.
B. The Department shall arrange for an inspection at a facility
prior to issuance of an initial animal shelter or commercial pet
breeder license for that facility.
1. The Department shall not issue an animal shelter or
commercial pet breeder license to any person until the Department
receives an initial prelicense inspection report from the inspector
in a format approved by the Department certifying that the facility
meets the requirements of the Commercial Pet Breeders and Animal
Shelter Licensing Act.
2. Prior to the initial prelicense inspection, each applicant
shall pay to the Department a nonrefundable inspection fee.
C. The Department, at least annually, shall arrange for the
inspection of each facility of a licensed animal shelter operator or
commercial breeder. The inspection shall be conducted during normal
business hours and the animal shelter operator, commercial breeder or
a representative of the facility shall be present during the
inspection.
D. The inspector shall submit an inspection report to the
Department not later than ten (10) days after the date of the
inspection on a form prescribed by the Department and provide a copy
of the report to the animal shelter operator, commercial breeder or
the representative.
E. On receipt of a valid written complaint alleging a violation
of the Commercial Pet Breeders and Animal Shelter Licensing Act, an
authorized agent of the State Board of Agriculture, a local animal
control authority, or an inspector designated by the Department may
investigate the alleged violation.
F. The Department shall not hire any humane society group or
member of any humane society group to perform any inspection required
by the Commercial Pet Breeders and Animal Shelter Licensing Act.
Added by Laws 2012, c. 302, § 5, eff. July 1, 2012. Amended by Laws
2013, c. 289, § 5.
§4-30.6. Requirements for licensure.
A. The Oklahoma Department of Agriculture, Food, and Forestry
shall issue an animal shelter or commercial pet breeder license to
each applicant who:
1. Meets the requirements of the Commercial Pet Breeders and
Animal Shelter Licensing Act;
2. Applies to the Department on the form prescribed by the
Department; and
=2-#//7/'/1'# .%
3. Pays the required fee.
B. An animal shelter operator or commercial pet breeder shall
obtain a separate license for each facility where animals are kept.
A separate license shall be issued for each facility, regardless of
the number of animals at each facility.
C. If a single facility is shared by more than one person, each
person shall be required to become individually licensed if:
1. For commercial pet breeders, eleven or more intact females
used for breeding are housed at the facility; or
2. For animal shelter operators, ten or more cats and dogs are
maintained at the facility.
D. A license issued under the Commercial Pet Breeders and Animal
Shelter Licensing Act is valid until July 1 for a commercial pet
breeder and January 1 for an animal shelter operator in each calendar
year and is nontransferable.
E. The nonrefundable animal shelter license and renewal fee
shall be the same as the fee for a commercial pet breeder with eleven
to twenty intact female animals.
Added by Laws 2012, c. 302, § 6, eff. July 1, 2012. Amended by Laws
2013, c. 289, § 6; Laws 2014, c. 14, § 1, eff. July 1, 2014.
§4-30.7. Revocation or suspension of license.
The Oklahoma Department of Agriculture, Food, and Forestry may
deny a license, or renewal thereof, or revoke a license of any
applicant, animal shelter operator or commercial pet breeder who
fails to meet the standards of animal care or fails to follow the
application process adopted by the Department, or if the person:
1. Is convicted of a crime involving animal cruelty;
2. Is convicted of violating the Commercial Pet Breeders and
Animal Shelter Licensing Act more than three times;
3. Is convicted of a type of felony specified by subparagraphs a
through pp of paragraph 2 of Section 571 of Title 57 of the Oklahoma
Statutes;
4. Is convicted of a felony punishable under the Oklahoma
Racketeer-Influenced and Corrupt Organizations Act; or
5. Has held or applied for a United States Department of
Agriculture license pursuant to the Animal Welfare Act and whose
license was suspended or revoked, or whose application was refused
due to the improper care of animals.
Added by Laws 2012, c. 302, § 7, eff. July 1, 2012. Amended by Laws
2013, c. 289, § 7.
§4-30.8. Expiration and renewal of license.
A. An animal shelter operator or commercial pet breeder who is
not in violation of the Commercial Pet Breeders and Animal Shelter
Licensing Act or any rule adopted under the Commercial Pet Breeders
=2-#//7/'/1'# .%)
and Animal Shelter Licensing Act may renew the license of the person
by:
1. Submitting a renewal application to the Oklahoma Department
of Agriculture, Food, and Forestry on the form prescribed by the
Department;
2. Complying with any other renewal requirements adopted by the
Department; and
3. Paying the required fee.
B. Any person who fails to apply for a renewal in a manner
prescribed by the Department, and whose license has expired, may not
engage in activities that require a license until the license has
been renewed.
C. Not later than sixty (60) days before the expiration of the
license, the Department shall send written notice of the impending
license expiration to the animal shelter operator or commercial pet
breeder at the last-known address according to the records of the
Department.
Added by Laws 2012, c. 302, § 8, eff. July 1, 2012. Amended by Laws
2013, c. 289, § 8.
§4-30.9. Required information updates.
An animal shelter operator or commercial pet breeder shall notify
the Oklahoma Department of Agriculture, Food, and Forestry in writing
not later than ten (10) days after the date any change occurs in the
address, name, management, substantial control, or ownership of the
business or operation.
Added by Laws 2012, c. 302, § 9, eff. July 1, 2012. Amended by Laws
2013, c. 289, § 9.
§4-30.10. Disclosure of license.
An animal shelter operator and commercial pet breeder shall
prominently display a copy of the animal shelter license or
commercial pet breeder license at the facility of the animal shelter
or commercial pet breeder. A commercial pet breeder shall include
the commercial pet breeder license number in each advertisement for
the sale or transfer of an animal by the commercial pet breeder. A
commercial pet breeder shall include in each contract for the sale or
transfer of an animal by the commercial pet breeder the commercial
pet breeder license number.
Added by Laws 2012, c. 302, § 10, eff. July 1, 2012. Amended by Laws
2013, c. 289, § 10.
§4-30.11. Annual report filings.
A. Not later than February 1 of each year, a commercial pet
breeder shall submit to the Oklahoma Department of Agriculture, Food,
and Forestry an annual report on a form prescribed by the Department
setting forth the number of adult intact female animals held at the
=2-#//7/'/1'# .%*
facility at the end of the prior year and such other information
regarding the commercial pet breeder's prior year's operations as
required by the Department.
B. The commercial pet breeder shall keep a copy of the annual
report at the facility of the commercial pet breeder and, on request,
make the report available to the authorized agent of the Board, a
local animal control authority, or any other inspector designated by
the Department.
C. A license holder that has more than one facility shall keep
separate records and file a separate report for each facility.
Added by Laws 2012, c. 302, § 11, eff. July 1, 2012.
§4-30.12. Annual health records.
A. An animal shelter operator and commercial pet breeder shall
maintain a separate health record for each animal in the facility of
the animal shelter operator and commercial breeder documenting the
healthcare of the animal.
B. The health record shall include:
1. The breed, sex, color, and identifying marks of the animal;
and
2. A record of all inoculations, medications, and other
veterinary medical treatment received by the animal while in the
possession of the animal shelter operator and commercial pet breeder.
C. The animal shelter operator and commercial pet breeder shall
make the health records available on request to the Oklahoma
Department of Agriculture, Food, and Forestry, an authorized agent of
the Board, a local animal control authority, or any other inspector
designated by the Department.
Added by Laws 2012, c. 302, § 12, eff. July 1, 2012. Amended by Laws
2013, c. 289, § 11.
§4-30.13. Prohibited conduct - Penalties.
A. After notice and opportunity for a hearing in accordance with
the Administrative Procedures Act, if the State Board of Agriculture
finds any person in violation of the Commercial Pet Breeders and
Animal Shelter Licensing Act or any rule promulgated or order issued
pursuant thereto, the Board shall have the authority to assess an
administrative penalty of not less than One Hundred Dollars ($100.00)
and not more than Ten Thousand Dollars ($10,000.00) for each
violation. Each animal, each action, or each day a violation
continues may constitute a separate and distinct violation. During
each license year of the facility, a facility shall not be subject to
more than Ten Thousand Dollars ($10,000.00) in administrative
penalties assessed pursuant to this subsection.
B. A person commits an offense if the person violates the
Commercial Pet Breeders and Animal Shelter Licensing Act or any rule
adopted under the Commercial Pet Breeders and Animal Shelter
=2-#//7/'/1'# .%
Licensing Act. Each animal to which a violation applies and each day
that violation continues constitutes a separate offense. An offense
under this subsection is a misdemeanor punishable as provided in
subsection F of this section.
C. A person commits an offense if the person knowingly falsifies
information in a license application, annual report, or record
required under the Commercial Pet Breeders and Animal Shelter
Licensing Act. An offense under this subsection is a misdemeanor
punishable as provided in subsection F of this section.
D. An unlicensed commercial pet breeder commits an offense if
the breeder advertises animals for sale. An offense under this
subsection is a misdemeanor punishable as provided in subsection F of
this section.
E. An animal shelter or commercial pet breeder commits an
offense if the animal shelter or commercial breeder interferes with,
hinders, or thwarts any inspection or investigation under the
Commercial Pet Breeders and Animal Shelter Licensing Act or refuses
to allow an inspector full access to all areas of the facility where
animals are kept or cared for and all records required to be kept
under the Commercial Pet Breeders and Animal Shelter Licensing Act or
any rule adopted under the Commercial Pet Breeders and Animal Shelter
Licensing Act. An offense under this subsection is a misdemeanor
punishable as provided in subsection F of this section.
F. 1. Any violation of subsection B, C or D of this section
shall be punishable by a fine not to exceed Five Hundred Dollars
($500.00).
2. Any violation of subsection E of this section shall be
punishable by a fine not to exceed One Thousand Dollars ($1,000.00).
G. In addition to penalties and fines, the Board shall have
authority to obtain injunctions against anyone who violates the
Commercial Pet Breeders and Animal Shelter Licensing Act, and shall
have authority to obtain or impose civil monetary penalties on anyone
who violates the Commercial Pet Breeders and Animal Shelter Licensing
Act, and upon obtaining a court order, shall have authority to seize
and impound animals in the possession, custody, or care of that
person if there is reason to believe that the health, safety, or
welfare of the animals is endangered, or the animals are in imminent
danger. The reasonable costs of transportation, care, and feeding of
seized and impounded animals shall be paid by the person from whom
the dogs or cats were seized and impounded.
H. Nothing in the Commercial Pet Breeders and Animal Shelter
Licensing Act shall preclude the Board from seeking penalties in
district court in the maximum amount allowed by law. The assessment
of penalties in an administrative enforcement proceeding shall not
prevent the subsequent assessment by a court of the maximum civil or
criminal penalties for violations of the Commercial Pet Breeders and
Animal Shelter Licensing Act and rules promulgated pursuant thereto.
=2-#//7/'/1'# .%+
I. Any person assessed an administrative or civil penalty may be
required to pay, in addition to the penalty amount and interest
thereon, attorney fees and costs associated with the collection of
the penalties.
J. If any person refuses, denies or interferes with any right of
access, the Board shall have the right to apply to and obtain from a
district court an administrative or other warrant as necessary to
enforce the right of access and inspection.
Added by Laws 2012, c. 302, § 13, eff. July 1, 2012. Amended by Laws
2013, c. 289, § 12.
§4-30.14. State disclosure duties.
The State Board of Agriculture shall maintain and post on its
website the directory of animal shelters and commercial pet breeders
licensed pursuant to the Commercial Pet Breeders and Animal Shelter
Licensing Act. The Board shall post on its website the directory of
animal shelters and commercial pet breeders who have been denied
licensing, or whose licenses have been revoked.
Added by Laws 2012, c. 302, § 14, eff. July 1, 2012. Amended by Laws
2013, c. 289, § 13.
§4-30.15. Limitations.
A. The Commercial Pet Breeders and Animal Shelter Licensing Act
shall not affect the applicability of any other law, rule, order,
ordinance, or other legal requirement of the federal government, this
state, or a political subdivision of this state.
B. The Commercial Pet Breeders and Animal Shelter Licensing Act
shall not prevent a municipality or county from prohibiting or
further regulating by order or ordinance, the possession, breeding,
or selling of dogs or cats.
Added by Laws 2012, c. 302, § 15, eff. July 1, 2012. Amended by Laws
2013, c. 289, § 14.
§4-30.16. Appropriation of funds.
A. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Department of Agriculture, Food, and Forestry
to be designated the Commercial Pet Breeders and Animal Shelter
Assistance Revolving Fund. All monies accruing to the credit of the
Commercial Pet Breeders and Animal Shelter Assistance Revolving Fund
are hereby appropriated and may be budgeted and expended by the
Department for the purposes set forth in subsection C of this
section. The fund shall be a continuing fund not subject to fiscal
year limitations and shall consist of:
1. All monies received by the Department for sheltering of
seized animals pursuant to the Commercial Pet Breeders and Animal
Shelter Licensing Act; and
=2-#//7/'/1'# .%"
2. Money received by the Department in the form of gifts,
grants, reimbursements, or from any other source intended to be used
for the purposes specified by or collected pursuant to the provisions
of this section of the Commercial Pet Breeders and Animal Shelter
Licensing Act.
B. The monies deposited in the Commercial Pet Breeders and
Animal Shelter Assistance Revolving Fund shall be excluded from
budget and expenditure limitations and shall at no time become part
of the general budget of the Department or any other state agency.
Except as provided for in this section, no monies from the Commercial
Pet Breeders and Animal Shelter Assistance Revolving Fund shall be
transferred for any purpose to any other state agency or any account
of the Department or be used for the purpose of contracting with any
other state agency or reimbursing any other state agency for any
expense.
C. The Commercial Pet Breeders and Animal Shelter Assistance
Revolving Fund shall be utilized for defraying veterinary costs for
animals in the event of a removal of animals from an animal shelter
or commercial pet breeder. The fund may, in the discretion of the
State Board of Agriculture, also be used to defray costs associated
with care of animals including, but not limited to, feed and shelter.
Added by Laws 2012, c. 302, § 16, eff. July 1, 2012. Amended by Laws
2013, c. 289, § 15.
§4-31. Breeding certificates - Duty to furnish - Contents - Form.
The owner or keeper of any registered male animals who collect a
fee for the service of same, shall upon request of the owner of any
registered female of the same breed which has been bred to such
registered male animal, and the fee therefor paid, furnish to such
owner a breeding certificate, giving name and register number of such
male animal and the date of such service, such information to be
furnished in the form required by the breeders' association with
which such animals are registered, to the end that the offspring may
be registered.
Added by Laws 1915, c. 40, § 1.
§4-32. Refusal to furnish certificate - Penalty.
Refusal to comply with the provisions of section one hereof shall
be a misdemeanor punishable by a fine of not more than Fifty Dollars
($50.00).
Added by Laws 1915, c. 40, § 2.
§4-41. Animals chasing or injuring livestock - Right to kill -
Liability of owner - Warrantless seizure - Court proceedings -
Definitions.
A. It shall be lawful for a person to kill any animal of the
family canidae or the family felidae found chasing livestock off the
=2-#//7/'/1'# .%(
premises of the owner of the animal if the person is the owner or
occupant of the property on which the animal is chasing the livestock
or if the person is authorized to kill such an animal by the owner or
occupant of such property.
B. The owner of any animal of the family canidae or the family
felidae that kills or injures any livestock shall be jointly and
severally liable to any person so damaged, to the full amount of the
injury done and damages caused, including reasonable attorney fees
and litigation expenses.
C. 1. Any animal control officer or any municipal, county or
state law enforcement officer may seize a potentially dangerous dog
without a warrant:
a. if the dog is continuing to run at large at the time of
the seizure,
b. if the officer has probable cause to believe the dog is
a dangerous dog and the threat to the health, safety
and welfare of livestock or persons is of a continuing
nature under the circumstances, or
c. pursuant to Section 47 of this title.
2. Any animal seized pursuant to this subsection shall be held
by the appropriate animal control authority until the appropriate
terms and conditions of release necessary to protect the health,
safety and welfare of livestock and persons with whom the dangerous
dog may come in contact are established by the supervisor of the
animal control authority or a court of competent jurisdiction and
agreed to by the owner.
D. 1. Upon commencement of any civil action to assess damages
pursuant to this section, the court upon its own motion, or upon a
motion by the plaintiff, and with notice to the defendant, and after
a hearing thereon, may issue an order requiring seizure of a dog if
the court has found probable cause to believe:
a. the dog is a potentially dangerous dog and the threat
to the health, safety and welfare of livestock or
persons is of a continuing nature under the
circumstances, or
b. the dog will be adjudicated a common nuisance pursuant
to subsection G of this section.
2. Any dog seized pursuant to this subsection shall be held by
the appropriate animal control authority until conclusion of the
civil action or until the court enters an order prescribing the
appropriate terms and conditions of release necessary to protect the
health, safety and welfare of livestock and persons with whom the
animal may come in contact.
E. The cost for the seizure and confinement of an animal as
authorized by subsection C or D of this section shall be borne by the
owner of the animal. However, in any civil action filed pursuant to
this section, if the owner of the animal is the prevailing party,
=2-#//7/'/1'# .%
such costs shall be taxed in the case against the nonprevailing
party.
F. Nothing in this section shall be interpreted so as to require
any municipality or county to:
1. Operate or maintain an animal welfare facility; or
2. Accept or hold any seized animal from a municipal, county or
state law enforcement officer, other than its own.
G. The court, before whom a recovery is had for any injury or
damages as set forth in this section, shall declare the animal found
to have occasioned the injury to be a common nuisance, and order the
defendant to kill or cause to be killed, such animal within twenty-
four (24) hours after the rendition of the judgment. Appeals shall
be allowed in all such cases. Any appeals shall be prosecuted in a
manner as prescribed by general statutes governing appeals.
H. The provisions of Sections 45, 46 and 47 of this title shall
also apply to a dangerous dog as defined in subsection I of this
section.
I. For purposes of this section:
1. "Livestock" means any cattle, bison, hog, sheep, goat,
equine, domesticated rabbits, chicken or other poultry and shall
include exotic livestock;
2. "Exotic livestock" means commercially raised exotic livestock
including animals of the families bovidae, cervidae and
antilocapridae or birds of the ratite group;
3. "Potentially dangerous dog" means any dog that, while the dog
was allowed to run at large off the property of the owner, when
unprovoked, on more than one occasion, was found to be chasing or
aggressively creating a substantial threat to the health, safety and
welfare of livestock or persons;
4. "Dangerous dog" means any dog that, while the dog was allowed
to run at large off the property of the owner:
a. when unprovoked, killed or injured livestock, or
b. has been previously found to be a potentially dangerous
dog, the owner having received notice of such by the
animal control authority in writing, and continues to be
found chasing or aggressively creating a substantial
threat to the health, safety and welfare of livestock or
persons;
5. "Animal control authority" means the same as defined in
Section 44 of this title;
6. "Animal control officer" means the same as defined in Section
44 of this title; and
7. "Owner" means the same as defined in Section 44 of this
title.
R.L.1910, § 120. Amended by Laws 1935, p. 190, § 1; Laws 1949, p.
39, § 1, emerg. eff. Feb. 15, 1949; Laws 1993, c. 36, § 1, eff. July
1, 1993; Laws 2002, c. 187, § 2, eff. Nov. 1, 2002; Laws 2007, c. 40,
=2-#//7/'/1'# .%
§ 1, eff. July 1, 2007; Laws 2013, c. 278, § 1, emerg. eff. May 14,
2013.
§4-42.1. Personal injury by dog - Liability of owner.
The owner or owners of any dog shall be liable for damages to the
full amount of any damages sustained when his dog, without
provocation, bites or injures any person while such person is in or
on a place where he has a lawful right to be.
Added by Laws 1947, p. 32, § 1. Amended by Laws 1980, c. 75, § 1,
eff. Oct. 1, 1980.
§4-42.2. Lawful presence on owner's property, what constitutes -
Public place, what is.
For the purpose of Sections 42.1 through 42.3 of this title and
Section 1 of this act a person shall be considered to be lawfully
upon the private property of the owner of a dog when he or she is on
the property in the performance of any duty imposed upon the person
by the laws of this state, or its political subdivision, or by the
laws of the United States, or the postal regulations of the United
States, or when reading meters, or making repairs to any public
utility or service located on the premises, or when working on the
property at the request of the owner or any tenant having a lease
upon any portion of the property, or when on the property upon the
invitation, either expressed or implied, of the owner or lessee of
such property, or when on the property for any other lawful purpose.
The term “public place” shall, for the purpose of Sections 42.1
through 42.3 of this title and Section 1 of this act, mean and
include any and all public streets, sidewalks, alleyways, easements,
buildings, parks, playgrounds and recreational facilities, and any
and all places of business, amusement or entertainment which are
privately owned, wherein merchandise, property, services,
entertainment or facilities are offered for sale, hire, lease, or
use.
Added by Laws 1947, p. 32, § 2, emerg. eff. March 11, 1947. Amended
by Laws 2006, c. 262, § 2, emerg. eff. June 7, 2006.
§4-42.3. Exceptions to application of act - Existing rights and
liabilities.
Provided that this act shall not apply to rural areas of this
state or to any cities or towns that do not have city or village
United States mail delivery service. Provided, nothing herein shall
be construed as diminishing any right or liability for injury by dog
bites now existing under the laws of this state.
Added by Laws 1947, p. 32, § 3.
§4-42.4. Owners of dangerous dogs, bite or attacks on public
property - Penalty.
=2-#//7/'/1'# .%)
A. It is unlawful for the owner of any dog that previously has:
1. When unprovoked inflicted bites on any person or severely
injured any person either on public or private property; or
2. When unprovoked created an imminent threat of injury or death
to any person,
to permit such dog to run at large or aggressively bite or attack any
person while such person is lawfully upon public or private property.
Upon conviction, the violator shall be guilty of a misdemeanor
punishable by imprisonment in the county jail for not more than one
(1) year, or by imposition of a fine not to exceed Five Thousand
Dollars ($5,000.00), or by both such fine and imprisonment. In
addition, the owner shall be liable for damages as provided in
Section 42.1 of Title 4 of the Oklahoma Statutes.
B. The owner of any dangerous dog as defined by Section 44 of
Title 4 of the Oklahoma Statutes, or any dog that is described in
subsection A of this section, that attacks any person causing the
death of such person shall, upon conviction, be guilty of a felony
punishable by imprisonment in the custody of the Department of
Corrections for not more than five (5) years, or by the imposition of
a fine not to exceed Twenty-five Thousand Dollars ($25,000.00), or by
both such fine and imprisonment.
C. It is unlawful for any person to release any dog upon a law
enforcement officer while the officer is in the performance of
official duties. Upon conviction, the violator shall be guilty of a
felony punishable by imprisonment in the custody of the Department of
Corrections for not more than five (5) years, or imprisonment in the
county jail for not more than one (1) year, or by imposition of a
fine not exceeding Five Thousand Dollars ($5,000.00), or by both such
fine and imprisonment.
D. It shall be an affirmative defense to a prosecution pursuant
to subsection A or B of this section that the injury or death was
sustained by a person who, at the time, was committing a willful
criminal act upon the premises of the owner of the dog or was
assaulting the owner of the dog.
Added by Laws 2006, c. 262, § 1, emerg. eff. June 7, 2006.
§4-43. Counties over 200,000 population - Regulation and control of
dogs running at large - Penalties.
The board of county commissioners of any county with a population
of two hundred thousand (200,000) or more according to the last
Federal Decennial Census may regulate or prohibit the running at
large of dogs within said county, and cause such dogs as may be
running at large to be impounded and disposed of as otherwise
provided for by law or sold to discharge the costs and penalties
provided for the violation of such prohibition and the expense of
impounding and keeping the same for such sale; and may also provide
for the erection of all needful pens, pounds and buildings for the
=2-#//7/'/1'# .%)
use of said county at any place within said county. It shall be the
duty of the board of county commissioners of any county undertaking
the regulation and taxation of dogs in said county under this act to
establish and enforce rules governing the same, and they shall enter
into a definite cooperative agreement with the sheriff of said county
prescribing said rules and regulations and the manner and terms of
enforcement thereof, and for the financing and compensation therefor.
The board of county commissioners may also regulate and provide for
taxing the owners and harborers of dogs, and authorize the humane
killing or disposal of dogs, found at large, contrary to any
ordinance regulating the same. Any person, firm or corporation who
violates any rule or regulation made by such board of county
commissioners under the authority of this act shall be guilty of a
misdemeanor and shall be punished as provided by the laws of this
state in any court of competent jurisdiction, provided that in the
case of continuing offenses, each day on which the offense occurs
shall constitute a separate offense.
Added by Laws 1959, p. 25, § 1.
§4-44. Definitions.
As used in Section 44 et seq. of this title:
1. "Potentially dangerous dog" means any dog that:
a. when unprovoked inflicts bites on a human either on
public or private property, or
b. when unprovoked attacks a dog which results in the
death of said dog either on public or private property;
2. "Dangerous dog" means any dog that:
a. has inflicted severe injury on a human being without
provocation on public or private property,
b. has been previously found to be potentially dangerous,
the owner having received notice of such by the animal
control authority in writing and the dog thereafter
aggressively bites, attacks, or endangers the safety of
humans, or
c. has been previously found to be potentially dangerous,
the owner having received notice of such by the animal
control authority in writing and the dog thereafter
attacks a dog which results in the death of said dog
either on public of private property;
3. "Severe injury" means any physical injury that results in
broken bones or lacerations requiring multiple sutures or cosmetic
surgery;
4. "Proper enclosure of a dangerous dog" means, while on the
owner's property, a dangerous dog shall be securely confined indoors
or in a securely enclosed and locked pen or structure with at least
one hundred fifty (150) square feet of space for each dog kept
therein which is over six (6) months of age, and which is suitable to
=2-#//7/'/1'# .%))
prevent the entry of children and designed to prevent the animal from
escaping. Such pen or structure shall have secure sides and a secure
top, and shall also provide protection from the elements for the dog;
5. "Animal control authority" means an entity acting alone or in
concert with other local governmental units for enforcement of the
animal control laws of the city, county and state and the shelter and
welfare of animals;
6. "Animal control officer" means any individual employed,
contracted with, or appointed by the animal control authority for the
purpose of aiding the enforcement of this act or any other law or
ordinance relating to the licensure of animals, control of animals,
or seizure and impoundment of animals, and includes any state or
local law enforcement officer or other employee whose duties in whole
or in part include assignments that involve the seizure and
impoundment of any animal; and
7. "Owner" means any person, firm, corporation, organization, or
department possessing, harboring, keeping, having an interest in, or
having control or custody of an animal.
Added by Laws 1991, c. 199, § 1, eff. Feb. 1, 1992. Amended by Laws
2001, c. 159, § 1, emerg. eff. May 1, 2001; Laws 2006, c. 262, § 3,
emerg. eff. June 7, 2006.
§4-45. Certificate of registration for certain dogs required -
Exemption - Fee.
A. It is unlawful for an owner to have a dangerous dog in the
state without certificate of registration issued under this section.
This section shall not apply to dogs used by law enforcement
officials for police work.
B. The animal control authority of the city or county in which
an owner has a dangerous dog shall issue a certificate of
registration to the owner of such animal if the owner presents to the
animal control unit sufficient evidence of:
1. A proper enclosure to confine a dangerous dog and the posting
of the premises with a clearly visible warning sign that there is a
dangerous dog on the property. In addition, the owner shall
conspicuously display a sign with a warning symbol that informs
children of the presence of a dangerous dog; and
2. A policy of liability insurance, such as homeowner's
insurance, or surety bond, issued by an insurer qualified under Title
36 of the Oklahoma Statutes in the amount of not less than Fifty
Thousand Dollars ($50,000.00) insuring the owner for any personal
injuries inflicted by the dangerous dog.
C. If an owner has the dangerous dog in an incorporated area
that is serviced by both a city and county animal control authority,
the owner shall obtain a certificate of registration from the city
authority.
=2-#//7/'/1'# .%)*
D. Cities and/or counties may charge an annual fee not to exceed
Ten Dollars ($10.00), in addition to regular dog licensing fees, if
any are charged, not to exceed Ten Dollars ($10.00), to register
dangerous dogs. Fees shall be retained by the city or county issuing
license.
Added by Laws 1991, c. 199, § 2, eff. Feb. 1, 1992.
§4-46. Muzzle and restraint of certain dogs required - Local
regulation of dangerous dogs - Dogs not to be declared dangerous.
A. It is unlawful for an owner of a dangerous dog to permit the
dog to be outside the proper enclosure as defined by Section 44 of
this title, unless the dog is muzzled and restrained by a substantial
chain or leash and remains under the physical restraint of a
responsible person over sixteen (16) years of age. The muzzle shall
be made in a manner that will not cause injury to the dog or
interfere with its vision or respiration but shall prevent it from
biting any person or animal.
B. Potentially dangerous or dangerous dogs may be regulated
through local, municipal and county authorities, provided the
regulations are not breed specific. Nothing in this act shall
prohibit such local governments from enforcing penalties for
violation of such local laws.
C. Dogs shall not be declared dangerous if the threat, injury,
or damage was sustained by a person who, at the time, was committing
a willful trespass or other tort upon the premises occupied by the
owner of the dog, or was tormenting, abusing, or assaulting the dog
or has, in the past, been observed or reported to have tormented,
abused, or assaulted the dog or was committing or attempting to
commit a crime.
Added by Laws 1991, c. 199, § 3, eff. Feb. 1, 1992. Amended by Laws
2006, c. 262, § 4, emerg. eff. June 7, 2006.
§4-47. Confiscation of dangerous dog - Purpose of act - Other
remedies.
A. Any dangerous dog shall be immediately confiscated by an
animal control authority if:
1. The dog is not validly registered under Section 45 of this
title;
2. The owner does not secure the liability insurance coverage or
surety bond required under Section 45 of this title;
3. The dog is not maintained in the proper enclosure as defined
by Section 44 of this title; and
4. The dog is outside of the dwelling of the owner, or outside
the proper enclosure and not under physical restraint of the
responsible person as required by Section 46 of this title.
B. The owner of a dangerous dog shall, upon conviction, be
guilty of a misdemeanor punishable by imprisonment in the county jail
=2-#//7/'/1'# .%)
for not more than one (1) year or by the imposition of a fine not to
exceed Five Thousand Dollars ($5,000.00), or by both such fine and
imprisonment for any violation of the laws relating to dangerous dogs
resulting in the confiscation of such dog pursuant to any provision
of subsection A of this section.
C. The owner of a dangerous dog shall be guilty of a misdemeanor
punishable by imprisonment in the county jail for not more than one
(1) year, or by the imposition of a fine not to exceed Five Thousand
Dollars ($5,000.00), or by both such fine and imprisonment for any
personal injury caused by such dangerous dog. The fine, at the
discretion of the court, may be offset by payments made by the dog
owner to any victim of an injury or attack by the dog. However,
insurance payments may not be considered as an offset. In addition,
the court may require the owner to perform forty (40) hours of
community service. The court may suspend any portion of the
community service requirement set forth in this section. It shall be
an affirmative defense to a prosecution pursuant to this subsection
that the injury was sustained by a person who, at the time, was
committing a willful criminal act upon the premises occupied by the
owner of the dog or was assaulting the owner of the dog.
D. It is the purpose of Sections 44 through 47 of this title to
provide additional and cumulative remedies to control dangerous and
potentially dangerous dogs in this state. Nothing in this act shall
be construed to abridge or alter rights of action or remedies of
victims under the common law or statutory law, criminal or civil.
Added by Laws 1991, c. 199, § 4, eff. Feb. 1, 1992. Amended by Laws
2006, c. 262, § 5, emerg. eff. June 7, 2006.
§4-51. Repealed by Laws 1943, p. 16, § 5.
§4-52. Repealed by Laws 1943, p. 16, § 5.
§4-53. Repealed by Laws 1943, p. 16, § 5.
§4-54. Repealed by Laws 1943, p. 16, § 5.
§4-61. Repealed by Laws 1963, c. 220, § 11.
§4-62. Repealed by Laws 1941, p. 462, § 1.
§4-63. Repealed by Laws 1941, p. 462, § 1.
§4-64. Repealed by Laws 1941, p. 462, § 1.
§4-65. Repealed by Laws 1941, p. 462, § 1.
§4-66. Repealed by Laws 1941, p. 462, § 1.
=2-#//7/'/1'# .%)+
§4-67. Repealed by Laws 1963, c. 220, § 11.
§4-68. Repealed by Laws 1941, p. 462, § 1.
§4-69. Repealed by Laws 1941, p. 462, § 1.
§4-70. Repealed by Laws 1941, p. 462, § 1.
§4-71. Repealed by Laws 1941, p. 462, § 1.
§4-72. Repealed by Laws 1941, p. 462, § 1.
§4-73. Repealed by Laws 1941, p. 462, § 1.
§4-74. Repealed by Laws 1941, p. 462, § 1.
§4-75. Repealed by Laws 1941, p. 462, § 1.
§4-81.1. Repealed by Laws 1963, c. 200, § 11.
§4-81.2. Repealed by Laws 1963, c. 220, § 11.
§4-81.3. Repealed by Laws 1963, c. 220, § 11.
§4-81.4. Repealed by Laws 1963, c. 220, § 11.
§4-82.1. Repealed by Laws 1970, c. 165, § 13.
§4-82.2. Repealed by Laws 1970, c. 165, § 13.
§4-82.3. Repealed by Laws 1970, c. 165, § 13.
§4-82.4. Repealed by Laws 1970, c. 165, § 13.
§4-82.5. Repealed by Laws 1970, c. 165, § 13.
§4-82.6. Repealed by Laws 1970, c. 165, § 13.
§4-82.7. Repealed by Laws 1970, c. 165, § 13.
§4-82.8. Repealed by Laws 1970, c. 165, § 13.
§4-82.9. Repealed by Laws 1970, c. 165, § 13.
§4-82.10. Repealed by Laws 1970, c. 165, § 13.
=2-#//7/'/1'# .%)"
§4-85.1. Definitions.
A. As used in this act, "domestic animals" shall include all
domestic animals including, but not limited to, cattle, bison, hogs,
sheep, goats, equidae, chickens or other poultry and exotic
livestock. The term "domestic animals" shall not include dogs and
cats.
B. As used in this section, “exotic livestock" means
commercially raised exotic livestock including animals of the
families bovidae, cervidae and antilocapridae or birds of the ratite
group.
Added by Laws 1970, c. 165, § 1. Amended by Laws 1974, c. 29, § 1,
emerg. eff. April 11, 1974; Laws 1993, c. 36, § 2, eff. July 1, 1993;
Laws 2000, c. 206, § 1, emerg. eff. May 19, 2000; Laws 2007, c. 5, §
13, eff. Nov. 1, 2007.
§4-85.2. Estrays.
Any domestic animal found running at large upon public or private
lands in the State of Oklahoma, whose owner is unknown in the
vicinity of the premises where found, shall be known as an "estray",
and it shall be unlawful for any person, company or corporation or
either of their employees or agents to take up an estray and retain
possession of same, except as provided in this act.
Added by Laws 1970, c. 165, § 2. Amended by Laws 2000, c. 206, § 2,
emerg. eff. May 19, 2000; Laws 2007, c. 5, § 14, eff. Nov. 1, 2007.
§4-85.3. Taking up by landowner or lessee - Investigation - Reports.
Any landowner or lessee of land may take up any domestic animal
that strays upon his premises or any public thoroughfare adjoining
the same. When any person shall take up any stray animal, he shall
make a reasonable investigation immediately to ascertain the owner of
such animal and, within seven (7) days, he shall report such taking
up to the county sheriff of the county in which the animal was taken
up, giving a description of the animal, setting forth the brand, sex,
and approximate age of such animal. When the identity of the owner
of any stray animal is known to the taker-up he shall communicate to
the said owner that the animal has strayed and that he has taken it
up. The taker-up may require the owner of any strayed animal he has
taken up to pay the actual cost of its keep while so taken up plus
all damages that the strayed animal caused to the premises. When one
who has taken up a strayed animal is unable, after investigation, to
ascertain by whom the animal is owned, or when an owner of a strayed
animal is identified and known to be such but neglects or fails to
pay the cost of the animal's keep while taken up plus all damages it
caused to the premises of the taker-up and remove the animal from the
possession of the taker-up the latter shall report all facts relative
to the matter to the sheriff of the county in which the animal was
taken up.
=2-#//7/'/1'# .%)(
Added by Laws 1970, c. 165, § 3. Amended by Laws 1974, c. 29, § 2,
emerg. eff. April 11, 1974; Laws 1980, c. 161, § 1, eff. Oct. 1,
1980.
§4-85.4. Rights and duties of taker-up.
Upon taking up an estray animal or animals, and after sending a
description to the county sheriff, the taker-up shall be entitled to
hold the same lawfully until relieved of its custody by the sheriff.
Should a claimant for said animal apply to the taker-up for
possession of this animal, the taker-up shall at once notify the
sheriff, and should the sheriff be satisfied that said applicant is
the rightful owner, he shall issue an order authorizing the taker-up
to grant possession of the estray to the rightful owner. The owner
shall be required to pay to the taker-up the actual cost for keeping
the estray, together with the actual amount of any damages suffered
by the taker-up as a result of the estray being upon his premises and
such costs and damages shall be approved by the district judge and
shall be entered on the order by the sheriff.
Added by Laws 1970, c. 165, § 4. Amended by Laws 1980, c. 161, § 2,
eff. Oct. 1, 1980.
§4-85.5. Duties of peace officer.
A. 1. Upon receiving notice of the taking up of any strayed
animal, it shall be the duty of any peace officer, unless the owner
thereof is identified and known by the peace officer to be the owner,
to make or cause to be made an examination of the brand records and
reports of lost, strayed and stolen livestock.
2. If from these records the name of the owner or probable owner
can be determined, the owner shall be notified forthwith of the
taking up of the strayed animal.
3. If the name of the owner or probable owner cannot be
determined, the officer shall arrange for the housing of the animal
as provided by subsection B of this section.
B. The Department of Public Safety and any municipality, county,
or other political subdivision of this state may establish a list of
facilities, including, but not limited to, livestock sales facilities
or veterinary clinics, for an official rotation log for the keeping
of strayed animals pursuant to the request of or at the direction of
any officer of the Department or a municipality, county, or other
political subdivision. The Department of Public Safety may
promulgate rules for the implementation and administration of this
section.
C. Upon the owner's proving to the satisfaction of the peace
officer that the animal is lawfully the owner's, the peace officer
shall allow the animal to be taken by the owner, upon payment of the
actual cost for keeping it together with the amount of any damages
=2-#//7/'/1'# .%)
suffered by the taker-up as a result of the strayed animal being upon
the premises of the taker-up.
D. If the owner fails to pay the charges, the animal shall be
sold according to provisions of Section 85.6 of this title.
E. After all costs and expenses incurred for the care,
transportation, and sale of such animal have been deducted from the
gross sale proceeds, the net amount shall be paid to the owner.
Added by Laws 1970, c. 165, § 5. Amended by Laws 1974, c. 29, § 3,
emerg. eff. April 11, 1974; Laws 1997, c. 44, § 1, eff. Nov. 1, 1997;
Laws 2000, c. 253, § 1, eff. Nov. 1, 2000; Laws 2004, c. 130, § 1,
emerg. eff. April 20, 2004.
§4-85.6. Sale of unclaimed animals.
A. If a peace officer is unable to determine the owner or
probable owner of any strayed animal from brand records and other
reports of lost, strayed and stolen livestock, the sheriff shall
cause to be published in a newspaper having general circulation in
the county in which the strayed animal has been taken up, a
description of the animal which shall contain sex, age and brand or
brands but shall not contain color, or marks or other descriptive
information. The notice shall be published for two (2) consecutive
weekly issues. If after such publication the sheriff is still unable
to determine the owner, the animal shall be sold by the sheriff, at
either the nearest approved and licensed slaughter facility or the
nearest approved and licensed or federally inspected livestock
auction market from where taken up, inside the State of Oklahoma.
B. The approved selling firm shall forward by mail to the
sheriff a check for the proceeds and other sales information, listing
a description, sex, weight, selling price per pound and total sales
price less normal and customary marketing fees.
C. The sheriff shall pay to the taker-up of an unclaimed stray
animal the actual cost for keeping it, together with the actual
amount of any damages suffered by the taker-up as a result of the
strayed animal being upon the premises.
D. All remaining money, if any, shall be deposited with the
county treasurer to be held by the treasurer in a special fund from
which payment may be made to a claimant who has been determined by
the district court to be the owner of the stray animal. If not
expended pursuant to court order within one (1) year the funds so
deposited shall be credited to the County General Fund.
Added by Laws 1970, c. 165, § 6. Amended by Laws 1974, c. 29, § 4,
emerg. eff. April 11, 1974; Laws 1997, c. 44, § 2, eff. Nov. 1, 1997;
Laws 2000, c. 253, § 2, eff. Nov. 1, 2000; Laws 2010, c. 377, § 1,
eff. Nov. 1, 2010.
§4-85.7. Adverse claimants.
=2-#//7/'/1'# .%)
In the event that there is more than one (1) claimant to any
estray after the publication of the notice, as provided by this act,
and if a contest or controversy ensues as a result of adverse
claimants, then after the publication the sheriff shall certify the
matter to the district court of the county in which the estray is
taken up, and the small claims division of the district court shall
docket said matter in a proper docket supplied by the county for such
purpose, and the claimants shall have ten (10) days from the date of
such docketing of said matter to file affidavits in support of their
several claims. The district court shall also have the right and
authority to hear oral testimony at any reasonable time on notice to
the claimants to determine the ownership of such estray, and after
said hearing the district court shall enter a finding determining the
ownership of said estray. Such finding shall have the same effect
and force as a judgment and shall be appealable as other matters from
the district court but such appeals shall be taken within ten (10)
days. In the event two (2) or more claimants are found to be the
owners of such estrays, the expenses incurred by the taker-up shall
be assessed pro rata to the owners. They shall jointly pay for the
keeping of such estrays as is customary in the community for
pasturing, feed and keeping of such animals, together with the cost
of the proceeding including publication costs.
Added by Laws 1970, c. 165, § 7.
§4-85.10. Duty to feed and care for estrays.
Any person taking up an estray as hereinbefore provided shall
feed and care for said estray.
Added by Laws 1970, c. 165, § 10.
§4-85.11. Penalties.
If any person unlawfully takes up or conceals an estray, or fails
to comply with the provisions of this act, such person so offending
shall be guilty of the felony of larceny of domestic animals and
shall be punished according to the provisions of Section 1716 of
Title 21 of the Oklahoma Statutes.
Added by Laws 1970, c. 165, § 11. Amended by Laws 1974, c. 29, § 5,
emerg. eff. April 11, 1974; Laws 1997, c. 133, § 121, eff. July 1,
1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 121 from July 1, 1998, to July 1, 1999.
§4-85.12. Jurisdiction to settle disputes and claims.
In event the taker-up and the owner and/or claimant cannot agree
as to the amount of damages or expenses involved, the small claims
division of the district court in the county where estray is located
shall have jurisdiction to adjudicate the matter, as well as
=2-#//7/'/1'# .%*
determine claims between more than one person who claim ownership of
the estray.
Added by Laws 1970, c. 165, § 12.
§4-85.13. Claim to ownership of exotic livestock under this chapter
- Conditions.
A. A person may claim to be the owner of exotic livestock under
this chapter only if:
1. The exotic livestock is tagged, branded, banded, or marked in
another manner that identifies the exotic livestock as being the
property of the claimant; or
2. The person acquired the exotic livestock by purchase, gift,
devise, inheritance, or other lawful transfer or the exotic livestock
was born or hatched on property owned or leased by the claimant or on
other property under an agreement with the claimant in which the
claimant may assert ownership of the exotic livestock and:
a. the exotic livestock, when normally in the possession
of the owner, is impounded within a fence or by another
restraining device that is generally appropriate to
prevent the escape of the type of animal claimed, or
b. the animal claimed is of such rarity or has such
genetic marking or other attributes as to identify the
exotic livestock as having come from the claimant's
stock having the same rarity or attributes.
B. Under subsection A of this section, a lawful transfer does
not include the live taking of an exotic livestock in this state on
property that is owned or leased by a person other than the claimant.
Added by Laws 1993, c. 36, § 3, eff. July 1, 1993.
§4-91. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-92. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-93. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-94. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-95. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-96. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-97. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-98. Restraint of all domestic animals - Damages for trespass.
All domestic animals shall be restrained by the owner thereof at
all times and seasons of the year from running at large in the State
of Oklahoma. Damages caused by the domestic animals trespassing upon
=2-#//7/'/1'# .%*
lands of another shall be recovered in a manner provided by law. For
the purpose of this act, domestic animals shall include cattle,
horses, swine, sheep, goats, exotic livestock and all other animals
not considered wild. The term “domestic animals” shall not include
domestic house pets.
Added by Laws 1965, c. 117, § 1, eff. Jan. 1, 1966. Amended by Laws
2000, c. 206, § 3, emerg. eff. May 19, 2000; Laws 2007, c. 5, § 15,
eff. Nov. 1, 2007.
§4-99. Failure to keep domestic animals enclosed – Penalties.
A. Any person who:
1. Willfully omits to keep a domestic animal such person owns or
has charge of within a suitable enclosure;
2. Allows the animal to be unrestrained or to run at large, with
notice, actual or constructive, that the enclosure within which the
animal is kept is open; or
3. Knowingly causes a domestic animal to escape confinement,
shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not more than Fifty Dollars
($50.00) for each offense, or not more than thirty (30) days'
imprisonment in the county jail for each offense, or by both fine and
imprisonment.
B. For the purpose of this act, the term "domestic animals"
shall not include domestic house pets.
Added by Laws 1972, c. 131, § 1, emerg. eff. April 7, 1972. Amended
by Laws 2000, c. 206, § 4, emerg. eff. May 19, 2000; Laws 2007, c. 5,
§ 16, eff. Nov. 1, 2007.
§4-101. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-102. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-103. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-104. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-105. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-106. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-107. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-108. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-109. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-110. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
=2-#//7/'/1'# .%*)
§4-111. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-112. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-114.1. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-114.2. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-115.1. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-115.2. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-115.3. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-115.4. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-121. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-122. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-131. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-132. Removal of stock from distraint without leave of possessor -
Penalty - Civil liability.
If any person, by force or otherwise, without leave of the person
having the stock under distraint remove the stock from such
distraint, he shall be guilty of a misdemeanor, and shall pay a fine
of not less than ten (10) nor more than One Hundred Dollars
($100.00), or be imprisoned in the county jail not less than ten (10)
nor more than thirty (30) days, and shall in addition thereto, be
liable in a civil action for the recovery of the stock so relieved
from distraint, or for damages and costs, as the party distraining
may elect.
R.L. 1910, § 150.
§4-133. Stock "owner" defined.
The word "owner" as used in this article shall include the person
entitled to the immediate possession of the animal, and also the
person having charge or care of the same, and also the person having
the legal title thereto.
R.L. 1910, § 151.
§4-134. Land "owner" defined.
For the purposes of this article, the owner, homesteader, tenant,
or other person in the possession of, or cultivating the land
trespassed upon, shall be deemed to be the owner thereof.
=2-#//7/'/1'# .%**
R.L.1910, § 152.
§4-135. Proceedings after distraint - Assessment of damages -
Notices - Sale - Surplus.
A. Within forty-eight (48) hours after stock has been
distrained, Sunday not being included, the party distraining, or such
party's agent, shall notify the owner of the stock when known, or, if
unknown, the party having them in charge. If the owner fails to
satisfy the person whose lands are trespassed upon, the party injured
shall, within twenty-four (24) hours thereafter, notify in writing
the county sheriff to come upon the premises to view and assess the
damages.
B. The county sheriff shall, within forty-eight (48) hours after
receiving such notice, Sundays and holidays excepted, proceed to view
and assess the damages, and determine a reasonable amount to be paid
for seizing and keeping said stock. If the person owning the
distrained stock fails to pay the damages as assessed, the sheriff
shall provide for the public notice and sale of the distrained stock
as provided by Section 85.6 of this title.
C. Any money or stock left after satisfying such claims shall be
returned to the owner of the stock sold.
R.L. 1910, § 153. Amended by Laws 1968, c. 72, § 1; Laws 1997, c.
44, § 3, eff. Nov. 1, 1997.
§4-136. Assessment of damages - Filing - Review - Bond - Supersedeas
- Delivery of stock to owner appealing - Certification of papers.
The county sheriff shall make his assessment in writing and file
the same with the county clerk, to be kept in his office. Any person
aggrieved by the action of the county sheriff under this article, may
appeal therefrom, to the district court. The person appealing shall
file with the county sheriff a bond, in a penalty double the value of
the property distrained, or if the value of the property exceed the
amount of damage claimed, then in double the amount of damages, with
good and sufficient sureties, to be approved by the county sheriff,
and from and after the filing of the appeal bond, the same shall
operate as a supersedeas. In case the owner of such stock be the
appellant, the same shall be delivered to him. The county sheriff
shall, after the appeal is taken, certify all the original papers in
the case to the district court.
R.L. 1910, § 154. Amended by Laws 1968, c. 72, § 2.
§4-137. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-138. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-139. Controversy over partition fence - Application to fence
viewers - Notice - Authority of viewers.
=2-#//7/'/1'# .%*
When a controversy arises between the respective owners about the
obligation to erect or maintain a partition fence, either party may
apply to the fence viewers, who, after due notice to each party, may
inquire into the matter and assign to each his share thereof, and
direct the time in which each shall erect or repair his share in the
manner provided above.
R.L. 1910, § 157.
§4-140. Repair or reconstruction of fence by complainant - Recovery
of value and viewers' fees from landowner - Interest.
If such fence be not repaired or built accordingly, the
complainant may repair or rebuild it, and the same being adjudged
sufficient by the fence viewers, and the value thereof, with their
fees, being ascertained by them, and certified under their hands, the
complainant may demand of the owner of the land where the fence was
deficient, the sum so ascertained, and in case of neglect to pay the
same, for one (1) month after demand, may recover it by civil action
together with one percent (1%) a month interest thereon.
R.L. 1910, § 158.
§4-141. Fence viewers - Number - Qualifications - Appointment -
Compensation.
Fence viewers herein designated shall consist of three (3)
disinterested freeholders, one to be chosen by each of the interested
parties, and the two so chosen shall choose the third person, and the
three so chosen shall proceed to discharge the duties of fence
viewers as herein provided. Such fence viewers to be allowed One
Dollar ($1.00) per day each, to be paid by the interested parties:
Provided, that if either party shall fail or refuse to appoint such
fence viewers, as herein provided, within three (3) days after so
requested to do by the other interested party, then the county
sheriff shall, on application of the party making the request for
fence viewers, appoint such fence viewer for such party so failing or
refusing to appoint.
R.L. 1910, § 159. Amended by Laws 1968, c. 72, § 3.
§4-142. Fence repair.
All partition fences shall be kept in good repair throughout the
year, unless the owners on both sides otherwise agree in writing.
R.L. 1910, § 160.
§4-143. Commons - Owners not required to fence - Lands enclosed or
used otherwise than as commons - Duty to fence.
Any person not wishing his land enclosed, and not occupying or
using it otherwise than as commons, shall not be compelled to
contribute to erect or maintain any fence between him and an adjacent
owner; but when he encloses or uses his land otherwise than as a
=2-#//7/'/1'# .%*+
commons, he shall contribute to the partition fences as in this
article provided.
R.L. 1910, § 161.
§4-144. Severalty owned lands enclosed in common without partition
fence - Division of fence line - Construction of fence.
When lands owned in severalty have been enclosed in common
without a partition fence, and one of the owners is desirous of
occupying his in severalty and the other refuses or neglects to
divide the line where the fence shall be built, or refuses to build a
sufficient fence on his part of the line, when divided, the party
desiring it may have the same divided and assigned by the fence
viewers, who may, in writing, assign a reasonable time within six (6)
months, having regard for the season of the year, for making the
fence, and if either party neglects to comply with the decision of
the viewers the other, after making his own part, may make the other
part and recover as hereinbefore provided.
R.L. 1910, § 162.
§4-145. Opening field for use as commons - Notice.
In the case mentioned in the preceding section, when one of the
owners desires to throw open any portion of his field not less than
sixteen (16) feet in width and leave it unenclosed to be used as a
commons by the public, he shall first give the other party six (6)
months' notice thereof.
R.L. 1910, § 163.
§4-146. Joinder to partition fence - Payment for or rebuilding of
half of fence.
When land which has lain unenclosed is enclosed the owner
thereof, before he join to any partition fence, already erected,
shall pay for one-half (1/2) of each partition fence between his
lands and the adjoining lands, the value to be ascertained by the
fence viewers, and if he neglects for thirty (30) days after notice
and demand to pay the same, the party to whose fence he joins may
recover as before provided, or such person, enclosing such land, may,
at his election, rebuild and make one-half (1/2) of the fence, and if
he neglects so to do for two (2) months after making such election,
he shall be liable as above provided.
R.L. 1910, § 164.
§4-147. Recorded fence division - Effect on owners and successors.
When a division of fence between the owners of improved land
shall have been made, either by fence viewers or agreement in
writing, and is recorded in the office of the county clerk of the
county where the lands are, the owners and their heirs and assigns
shall be bound thereby, and shall support them accordingly.
=2-#//7/'/1'# .%*"
R.L. 1910, § 165.
§4-148. Application of term "owner".
In the provisions of this article relating to fences the term
"owner" shall apply to the occupant or tenant where the owner does
not reside in the county, but these proceedings will not bind the
owner unless notified.
R.L. 1910, § 166.
§4-149. Fence or improvements on land of another - Removal - Damages
- Notice to remove - Effect of nonremoval.
When a person has made a fence or other improvements on land,
which, on afterwards making division lines, is found to be on the
land of another, such person shall not remove such fence or other
improvements, until he shall have paid to the owner of such land all
damages by reason of such improvements or fence being so located, and
if the person making such fence or other improvements fail to pay
such damages and remove the said improvements within six (6) months
after such division line has been established, and after having
thirty (30) days' notice from the owner of said land to remove such
fence or improvements, then said fence or improvements shall become a
part of the real estate and belong to the owner thereof: Provided,
that when the parties interested in such land and such fence and
improvements cannot agree as to the amount of such damages, by reason
of such improvements being upon the land of another, the fence
viewers may determine the amount of such damages as in other cases.
R.L. 1910, § 167.
§4-150. Fence or improvements on land of another - When not
removable.
But such fence or other improvement, except substantial
buildings, shall not be removed if they were made of timber or other
material taken from the land on which they lie, until the party pays
the owner the value of the timber, or other material, to be
ascertained by fence viewers, nor shall a fence be removed at any
time when the removal will throw open or expose the crop of the other
party, but it shall be removed in a reasonable time after the crop is
secured, although six (6) months has passed.
R.L. 1910, § 168.
§4-150.1. Property line across an existing boundary or division line
fence, notice to adjacent owner - Cause of action - Attorney fees.
A. If a survey obtained by a property owner reflects a property
line across an existing boundary or division line fence, said
property owner shall not damage or remove the existing fence or
authorize the establishment, locating or relocating of any
improvements, including utility installation on such property, until
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the adjacent property owner has been given notice. The notice shall
include a copy of the survey, the nature of the relief requested, and
notice that the court may award attorney fees and costs to the
prevailing party if an action to establish title is filed by the
requestor against the recipient. The notice shall be served in the
same manner as provided for service of process in Section 2004 of
Title 12 of the Oklahoma Statutes.
B. If no agreement has been reached by the adjoining property
owners within thirty (30) days from receipt of the notice sent
pursuant to subsection A of this section, the property owner may
cause an action to be filed against the adjacent property owner in
the district court in the county where the property is located to
establish title to the parcel of property at issue. The district
court shall enter such temporary relief as may be necessary to
maintain the status quo during the pendancy of the action.
C. The prevailing party shall be entitled to an award of
attorney fees and costs.
Added by Laws 2007, c. 165, § 1, eff. Nov. 1, 2007.
§4-151. Additional powers of fence viewers.
When any question arises between parties other than those stated,
concerning their rights in fences or their duties in relation to
building or maintaining or removing them, such question may be
determined by the fence viewers.
R.L. 1910, § 169.
§4-152. Erection and removal of line fence.
A person building a fence may erect the same upon the line
between him and the adjacent owners, so that the fence may be partly
on one side and partly on the other, and the owner of such fence
shall have the same right to remove it as if it were wholly on his
land: Provided, that such fence is not more than five (5) feet from
such line.
R.L. 1910, § 170.
§4-153. Legal proceedings or agreement not barred.
The foregoing provisions of this article, shall not bar any other
legal proceedings, for the determination of the title of land, or
dividing the line between contending owners, nor do they preclude
agreement by the parties.
R.L. 1910, § 171.
§4-154. Lawful fence - Construction - Material - Height -
Tightening.
A fence made of three rails of good substantial material, or
three boards not less than six (6) inches wide and three-quarters
(3/4) of an inch thick, such rails or boards to be fastened in or to
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good substantial posts not more than ten (10) feet apart where rails
are used, and not more than eight (8) feet apart where boards are
used, where either wholly or in part substantially built and kept in
good repair, or any other kind of fence, which, in the opinion of the
fence viewers shall be equivalent thereto, shall be declared a lawful
fence: Provided, that the lowest or bottom rail, wire or board shall
not be more than twenty (20) or less than sixteen (16) inches from
the ground, and that such fence shall be fifty-four (54) inches in
height, except that a barb wire fence may consist of three barb
wires, or four wires, two of which shall be barbed, the wires to be
firmly fastened to the posts not more than two (2) rods apart, with
two stays between the posts, or with posts not more than one (1) rod
apart without such stays, the top wire to be not less than fifty-four
(54) nor more than fifty-eight (58) inches in height, and the bottom
wire to be not more than twenty (20) or less than sixteen (16) inches
from the ground: Provided, further, that all partition fences may be
made tight at the expense of the party desiring it, and such party
may take from such fence the material by him added thereto whenever
he may elect: And provided, further, that when the owner or
occupants of adjoining lands both use the fence for the purpose of
restraining swine, goats or sheep, each of said owners or occupants
shall keep their respective share of the partition fence sufficiently
tight to restrain such sheep, goats or swine.
R.L. 1910, § 172.
§4-155. Damages by animals breaking fences - Seizure.
In districts where fences are required, as in this article
provided, the owner of stock shall be liable for all damages done by
animals breaking through or over lawful fences and trespassing upon
the enclosed lands of another, and the animals so breaking through or
over such fence may be seized as trespassing animals and proceeded
with as provided in this article.
R.L. 1910, § 173.
§4-156. Lien of judgment for damages on trespassing stock -
Execution.
In all cases where the plaintiff may recover judgment for damages
caused by the trespassing of animals of another, the judgment shall
be a lien upon the stock so trespassing, and the plaintiff may have
special execution for the sale of such stock to satisfy the judgment
and costs or general execution as he may elect.
R.L. 1910, § 174.
§4-181. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-182. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
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§4-183. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-184. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-191. Lien for feeding, grazing and herding.
Any person employed in feeding, grazing or herding any domestic
animals, whether in pasture or otherwise, shall have a lien on said
animals for the amount due for such feeding, grazing or herding.
R.L. 1910, § 175.
§4-192. Lien for furnishing feed.
Any person, partnership, firm or corporation in this state, or in
any border county of the adjacent states, furnishing or providing to
the owner of such domestic animals any corn, feed, forage or hay, for
the sustenance of such domestic animals, shall have a lien on said
animals for the amount due for such corn, forage, feed and hay.
R.L. 1910, § 176.
§4-193. Lien for keeping, boarding or training animal - Scope.
Every person who shall keep, board or train any animal, shall,
for the amount due therefor, have a lien on such animal, and on any
vehicle, harness or equipment coming into his possession therewith,
and no owner or claimant shall have the right to take any such
property out of the custody of the person having such lien, except
with his consent, or on the payment of such charge; and such lien
shall be valid against said property in the possession of any person
receiving or purchasing it with notice of such claim.
R.L. 1910, § 177.
§4-194. Repealed by Laws 2011, c. 123, § 13, eff. Nov. 1, 2011.
§4-194.1. Foreclosure of lien upon a domestic animal.
A. A person who has a lien upon a domestic animal pursuant to
Title 4 of the Oklahoma Statutes may foreclose upon the lien while
lawfully in possession of the animal.
B. The lien may be foreclosed by a sale of the domestic animal
upon notice which shall include:
1. The names of the owner and any other known party or parties
who claim any interest in the domestic animal;
2. A description of the domestic animal to be sold;
3. The nature of the work, labor or service performed, or the
materials or feed provided, any of which resulted in the creation of
the lien, and the value of the work, labor, services, materials or
feed;
4. The time and place of sale; and
5. The name of the party, agent or attorney foreclosing the
lien. If the claimant is a business, the name of the contact person
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shall be shown. In place of an original signature and notary seal, a
digital or electronic signature or seal shall be accepted.
C. The notice may relate to and contain information for more
than one domestic animal or lien, provided that the information
required pursuant to subsection B of this section is provided for
each domestic animal or lien.
D. The notice shall be posted in three public places in the
county where the property is to be sold at least ten (10) days before
the time specified for such sale, and shall be mailed to the owner
and any other party who claims any interest in the domestic animal,
at the last-known post office address, by certified mail. The
mailing shall occur at least ten (10) days before the time specified
for the sale.
E. The lienor or any other person may in good faith become a
purchaser of the property sold.
F. Proceedings for foreclosure under this section shall not be
commenced until thirty (30) days after the lien has accrued, except
as otherwise provided in the laws of this state.
G. For purposes of this section:
1. “Constructive possession” means possession by a person who,
although not in actual possession, does not have an intention to
abandon property, who knowingly has both the power and the intent at
a given time to exercise dominion or control over the property, and
who holds claim to the property pursuant to a legal right;
2. “Commercially reasonable sale” shall include, but not be
limited to, any auction which members of the public may attend and
bid;
3. A “party who claims any interest in the domestic animal”
shall include:
a. all owners of the domestic animal,
b. any secured party who has a properly perfected lien in
accordance with the laws of this state, and
c. any other person having any interest in the domestic
animal, of whom the claimant has actual notice; and
4. “Possession” shall include actual possession and constructive
possession.
H. The method described in this section for foreclosing upon a
lien is in addition to, and not exclusive of, any other method under
the laws of this state by which the lien may be properly foreclosed.
I. Nothing in this section shall be construed to create any new
lien rights or limit any existing lien rights provided under the laws
of this state; provided, however, this act shall not apply to liens
created pursuant to Section 156 of Title 4 of the Oklahoma Statutes.
J. Notwithstanding the provisions of this section, the method of
foreclosing upon a lien set forth in this section shall not be used
for any lien created pursuant to Section 156 of Title 4 of the
Oklahoma Statutes.
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K. Any person who is induced by means of a check or other form
of written order for immediate payment of money to deliver possession
of a domestic animal on which the person has a lien created by
subsection A of this section, which check or other written order is
dishonored or is not paid when presented, shall have a lien for the
amount thereof upon the personal property. The person claiming such
lien shall, within thirty (30) days from the date of dishonor of the
check or other written order for payment of money, file an Effective
Financing Statement pursuant to Sections 1-9-320.1 through 1-9-320.7
of Title 12A of the Oklahoma Statutes or a financing statement
pursuant to Section 1-9-501 of Title 12A of the Oklahoma Statutes, as
applicable to the personal property, along with a sworn statement
that:
1. The check or other written order for immediate payment of
money, copy thereof being attached, was received for feeding,
furnishing feed, or keeping a domestic animal;
2. The check or other written order was not paid; and
3. The uttering of the check or other written order constituted
the means for inducing the person, one possessed of a special lien
created by subsection A of this section upon the described domestic
animal, to deliver up the domestic animal.
L. Any person who renders service to the owner of a domestic
animal by feeding, furnishing feed, or keeping a domestic animal
shall have a lien on such domestic animal pursuant to this section if
such property is removed from the person’s possession, without such
person’s written consent or without payment for such service.
1. The person claiming such lien shall, within thirty (30) days
of such nonauthorized removal, file an Effective Financing Statement
pursuant to Sections 1-9-320.1 through 1-9-320.7 of Title 12A of the
Oklahoma Statutes or a financing statement pursuant to Section 1-9-
501 of Title 12A of the Oklahoma Statutes, as applicable to the
personal property, along with a sworn statement including:
a. that services were rendered on or in relation to the
domestic animal by the person claiming the lien,
b. that the domestic animal was in the possession of the
person claiming the lien but the domestic animal was
removed without the person’s consent,
c. an identifying description of the domestic animal on or
in relation to which the service was rendered, and
d. that the debt for the services rendered on or in
relation to the domestic animal was not paid.
Provided, if the unpaid total amount of the debt for
services rendered on or in relation to the domestic
animal is unknown, an approximated amount of the debt
shall be included in the sworn statement. The
approximated debt may be amended within thirty (30)
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days of filing to reflect the actual amount of the
debt.
2. The enforcement of the lien shall be within one hundred
twenty (120) days after filing the lien in the manner provided by law
for enforcing the lien of a security agreement and provided that the
lien shall not affect the rights of innocent, intervening purchasers
without notice.
Added by Laws 2011, c. 123, § 1, eff. Nov. 1, 2011.
§4-195. Letting male animals to service - Advertisement of terms -
Publication or posting - Acceptance.
The owner or keeper of any stallion, jack or bull may advertise
the terms upon which he will let such animal to service by
publication thereof in some newspaper in the county where such animal
is kept for a period of sixty (60) days during the season of each
year, or by printed handbills conspicuously posted during such
period, in four or more public places in said county, including the
place where such animal is kept; and the publication or posting as
aforesaid of the terms of such service shall impart notice thereof to
the owner of any female animal served by such stallion, jack or bull,
during such season; and in all actions and controversies in respect
to the foal or other product of such service, the owner of such
female animal so served shall be deemed to have accepted and assented
to said terms, when so advertised or posted as provided herein.
R.L. 1910, § 179.
§4-196. Filing of certificate of service - Lien on offspring -
Notice to third parties - Lien without certificate.
When the said terms of such service by any such animal, published
or posted as provided in the next preceding section, shall provide
that the foal or other product of such service will be held for the
money due for the service of such stallion, jack or bull, then and in
that event the owner or keeper of any such animal may file, with the
register of deeds of the county in which such animal is kept for
service, a certificate signed by the owner of the female bred, or his
representative, also by the owner or keeper of the male animal
rendering the service, stating the terms of such service, a
description of the female served, also a description of the male
rendering the service, the date of service and acceptance of terms by
owner of female; and such certificate, if filed within three (3)
months after the rendering of such service, shall become and continue
a lien on the offspring for the period of six (6) months after the
birth thereof, and the filing of such certificate shall be
constructive notice to any third party of the existence of the lien:
Provided, that as between the owner of any stallion, jack or bull, as
provided in the preceding section, and the owner of any female
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served, a lien shall exist notwithstanding no certificate as herein
provided shall be filed or notice given as in this article provided.
R.L. 1910, § 180.
§4-197. Record of certificates - Compensation of register of deeds.
The register of deeds of each county shall be required to provide
and keep in his office a well-bound book with an index in which such
certificates shall be recorded in the order in which they are filed,
and as compensation in full for filing and recording such
certificates the register of deeds shall receive from the parties
filing them the sum of ten cents ($0.10) for every one hundred words.
R.L. 1910, § 181.
§4-198. False or fictitious pedigree - False representation of
recording or eligibility for record - Forfeiture of rights.
If any keeper of such stallion, jack or bull shall offer and
advertise to let the service of such animal, and shall give a false
or fictitious pedigree, knowing the same to be false, or shall
falsely represent such animal to be recorded or eligible to be
recorded in any of the various books of record kept for recording
animals of that breed, he shall forfeit all claim to the value of the
services rendered by such animal, and shall not be entitled to the
benefits of any provision of this article.
R.L. 1910, § 182.
§4-199. Enforcement of lien by replevin.
For the purpose of enforcing such lien upon default in the
payment of the sum secured, the lienor may proceed by replevin in any
court of competent jurisdiction and possess himself of the encumbered
property, and hold the same subject to such judgment as he shall
recover.
R.L. 1910, § 183.
§4-200. Judgment.
Upon the rendition of judgment, if for the lienor, it shall be
for the sum found due, with costs of suit and that the lien be
enforced against the property by execution and sale as in ordinary
sales under execution; but if such finding be for the defendant,
judgment shall be entered in his favor as in ordinary actions of
replevin.
R.L. 1910, § 184.
§4-201. Proceedings governed by general replevin laws.
All proceedings under this article, where not herein otherwise
specifically provided, shall be governed by the general laws of the
state concerning replevin.
R.L. 1910, § 185.
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§4-201.1. Short title.
Sections 2 through 12 of this act shall be known and may be cited
as the "Livestock Owner’s Lien Act of 2011".
Added by Laws 2011, c. 123, § 2, eff. Nov. 1, 2011.
§4-201.2. Definitions.
As used in the Livestock Owner’s Lien Act of 2011:
1. “Affiliate” means any person who is controlled, directly or
indirectly, by a first purchaser, or who controls, directly or
indirectly, a first purchaser. "Control" or "controlled by" means
the possession, directly or indirectly, of the power to direct or
cause the direction of the management and policies of a person,
whether through ownership, by contract, or otherwise;
2. "Agreement to sell" means any enforceable agreement, whether
oral or written, by which a livestock owner, either directly or
through a sales agent, agrees to sell livestock to a first purchaser;
3. "Article 9" means Article 9 of the Oklahoma Uniform
Commercial Code in effect as of the relevant date or a comparable
article under the uniform commercial code of another state to the
extent applicable;
4. "First purchaser" means the first person that purchases
livestock, either directly or through a sales agent, under an
agreement to sell;
5. “Livestock” means cattle, bison, horses, sheep, goats, asses,
mules, swine, domesticated rabbits, chickens, turkeys, or any
domesticated animal raised primarily for human food consumption;
6. "Livestock owner" means a person owning an interest in
livestock before the acquisition thereof by a first purchaser;
7. “Owner’s lender” means a person that has a valid mortgage
lien or security interest in a livestock owner’s livestock at the
time of delivery of such Livestock to the first purchaser;
8. "Owner’s lien" means the lien granted by this act;
9. "Permitted lien" means any of the following liens or security
interests:
a. a mortgage lien or security interest granted by a first
purchaser which secures payment under a written
instrument of indebtedness signed by the first
purchaser and accepted in writing by the payee thereof
prior to the effective date of this act with a
principal amount and a fixed maturity stated therein;
provided, however, a permitted lien does not include a
mortgage lien or security interest which:
(1) secures payment of any indebtedness incurred after
the effective date of this act,
(2) secures payment under a written instrument of
indebtedness not signed by a first purchaser and
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accepted in writing by the payee thereof prior to
the effective date of this act,
(3) secures payment under a written instrument of
indebtedness modified, amended or restated from or
after the effective date of this act which
modification, amendment or restatement increases
the principal amount which was owing at the
effective date of this act,
(4) secures payment under a written instrument of
indebtedness modified, amended or restated from or
after the effective date of this act which
modification, amendment or restatement extends the
stated maturity thereof which was in effect at the
effective date of this act, or
(5) is not validly perfected with a first priority
against the claims of all persons under applicable
law other than persons holding a statutory or
regulatory lien as to which first priority is
granted by statute or regulation, or
b. a validly perfected and enforceable lien created by
statute in relation to livestock purchased under an
agreement to sell which secures payment of any
indebtedness incurred by the first purchaser prior to
the effective date of this act;
10. "Person" means any individual, executor, administrator,
estate, agent, trust, trustee, institution, receiver, business trust,
firm, business entity, corporation, partnership, limited liability
company, cooperative, joint venture, governmental entity or agency,
association or any other group or combination acting as a unit;
11. "Proceeds" means:
a. any right or amount paid or to be paid in consideration
of, or as a consequence of, the sale of livestock such
as cash proceeds, accounts, chattel paper, instruments,
or payment intangibles, or
b. any by-products from the slaughter of livestock, or any
right or amount paid or to be paid in consideration of,
or as a consequence of, the sale of such by-products;
12. "Purchaser" means a person who is not an affiliate of a
first purchaser and who takes, receives or purchases livestock from a
first purchaser;
13. "Sales agent" means any person who is authorized, including,
without limitation, a livestock auction, auctioneer, commission
company, or broker, to sell livestock on behalf of, or for the
benefit of, another person; and
14. "Sales price" means the amount a first purchaser agrees to
pay a livestock owner or sales agent under an agreement to sell.
Added by Laws 2011, c. 123, § 3, eff. Nov. 1, 2011.
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§4-201.3. Livestock lien - Existence - Validity.
A. To secure the obligations of a first purchaser to pay the
sales price, every livestock owner is granted a lien in all livestock
sold by such livestock owner, for any unpaid portion of the sales
price for such livestock. The lien granted by this act is granted
and shall exist as part of and incident to the ownership of
livestock.
B. An owner’s lien:
1. Exists in and attaches immediately to all livestock on the
effective date of this act;
2. Continues uninterrupted and without lapse in all livestock
upon and after sale of any livestock; and
3. Continues uninterrupted and without lapse in and to all
proceeds.
C. An owner’s lien exists until the livestock owner or sales
agent entitled to receive the sales price has received the full
amount of the sales price. Any security interest or mortgage lien of
an owner’s lender shall attach to the livestock owner’s right to an
owner’s lien in livestock or proceeds from the sale of the livestock.
An owner’s lender shall not be considered to have waived its security
interest or mortgage lien or right in an owner’s lien by approving or
authorizing the livestock owner to sell the livestock pursuant to the
sales agreement.
D. The validity of an owner’s lien shall not be dependent on
possession of the livestock by a livestock owner or sales agent. No
owner’s lien shall become or be deemed to be void or expired by
reason of a change or transfer of the actual or constructive
possession of or title to the livestock from the livestock owner or
sales agent to a first purchaser or subsequent purchaser.
Added by Laws 2011, c. 123, § 4, eff. Nov. 1, 2011.
§4-201.4. Perfection of lien.
An owner’s lien is granted and exists as part of and incident to
the ownership of livestock and is perfected automatically from the
effective date of this act without the need to file a financing
statement or any other type of documentation.
Added by Laws 2011, c. 123, § 5, eff. Nov. 1, 2011.
§4-201.5. Commingled livestock - Priority.
If livestock subject to an owner’s lien are commingled with other
livestock in such a manner that the identity of the specific
livestock subject to the owner’s lien cannot be determined by
reasonable means, then the owner’s lien continues without
interruption into and attaches to such commingled livestock and is
perfected automatically as of the date of its original perfection but
only as to the percentage of the commingled livestock equal to the
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number of livestock to which the owner’s lien originally attached.
In such event, the owner’s lien in the commingled livestock has
priority over any security interest or other lien that is not an
owner’s lien or permitted lien, whether or not the security interest
or other lien has been properly perfected. If more than one owner’s
lien attaches to the commingled livestock, then the owner’s liens
rank equally in the proportion that the respective sales prices
secured by each owner’s lien bears as a percentage of the total of
the sales prices secured by all owner’s liens applicable at the time
the livestock were commingled.
Added by Laws 2011, c. 123, § 6, eff. Nov. 1, 2011.
§4-201.6. Transfer of lien due to sale.
A. A purchaser or sales agent takes free of any owner’s lien
otherwise applicable to the livestock so purchased and shall be
relieved of any obligations created by subsection A of Section 4 of
this act if the purchaser or sales agent has paid the full amount of
required consideration for the livestock pursuant to a good faith,
noncollusive agreement to purchase such livestock. If a purchaser or
sales agent has paid the full amount of consideration as set forth in
this section, the owner’s lien shall transfer to the proceeds paid by
the purchaser or sales agent. Except as specifically provided by
this section, an owner’s lien has priority over the rights of any
purchaser or sales agent.
B. Notwithstanding subsection A of this section, the owner’s
lien shall continue uninterrupted in the proceeds paid to or
otherwise due the first purchaser. Except as specifically set forth
in this section, an owner’s lien has priority over the rights of any
purchaser.
Added by Laws 2011, c. 123, § 7, eff. Nov. 1, 2011.
§4-201.7. Lien priority.
Except for a permitted lien, an owner’s lien takes priority over
any other lien, whether arising by contract, law, equity or
otherwise.
Added by Laws 2011, c. 123, § 8, eff. Nov. 1, 2011.
§4-201.8. Applicability of act.
The provisions of this act shall not affect the time at which
legal title to livestock may pass by agreement or operation of law
subject to an owner’s lien.
Added by Laws 2011, c. 123, § 9, eff. Nov. 1, 2011.
§4-201.9. Prohibition of waiver, relinquishment, or release of lien.
No livestock owner shall be required, as a condition or term of
an agreement to sell or otherwise, to waive, relinquish or release
any owner’s lien or any rights under this act other than upon payment
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in full of the sales price or agree to any provision that would apply
the law of any state other than this state insofar as the same
relates to rights under this act, and any such purported waiver,
relinquishment, release, or provision shall be void as a matter of
the public policy of this state. Provided, however, any livestock
owner or sales agent acting on behalf of a livestock owner, may
waive, relinquish or release any owner’s lien or any rights under
this act or agree to a provision that would apply the law of any
state other than this state insofar as the same relates to rights
under this act provided the first purchaser either:
1. Posts a letter of credit in form and amount satisfactory to
the livestock owner or sales agent; or
2. Agrees to a binding contractual arrangement satisfactory in
form and substance to the livestock owner or sales agent to prepay or
escrow the sales price under an agreement to sell in form and
substance satisfactory to the livestock owner and performs all of the
first purchaser’s obligations thereunder.
Added by Laws 2011, c. 123, § 10, eff. Nov. 1, 2011.
§4-201.10. Lien expiration - Commencement of action.
A. An owner’s lien shall expire one (1) year after the last day
of the month following the date the sales price from the sale of
livestock subject to such lien are required by law or contract to be
paid to such livestock owner but only as to the particular livestock
sold during such month, unless an action to enforce the owner’s lien
is commenced within such time in a court of competent jurisdiction.
B. If a sales agent advances the sales price for livestock to
the livestock owner before the first purchaser pays the sales prices
to the livestock owner or sales agent, the sales agent shall assume
and be entitled to enforce all rights of the livestock owner under
this act as to such livestock or proceeds thereof.
C. In addition to any other court of competent jurisdiction, an
action to enforce the owner’s lien may be commenced in the district
court of the county where the agreement to sell was entered, where
the sales price was to be paid, where the unpaid for livestock are
located, or wherever the proceeds may be found. Provided, however,
the commencement of any proceeding by or against any person claiming
an interest in any property subject to the owner’s lien seeking to
adjudicate such person as bankrupt or insolvent, or seeking
liquidation, winding up, reorganization, arrangement, adjustment,
protection, relief, or composition of such person or such person’s
debts under any law relating to bankruptcy, insolvency or
reorganization or relief of debtors, or seeking the entry of an order
for relief or the appointment of a receiver, trustee or other similar
official for such person or for any substantial part of such person’s
property shall toll the foregoing one (1) year period in which to
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commence an action to enforce the owner’s lien for an additional
period of ninety (90) days from the earlier of:
1. The final conclusion or dismissal of such proceedings; or
2. The date final relief is obtained from the applicable
tribunal authorizing the commencement of such action.
D. The prevailing party in any action to enforce the provisions
of this act shall be entitled to recover reasonable attorney fees and
costs in any legal proceeding.
E. Nothing in this act shall be construed to impair or affect
the right of any livestock owner or sales agent to maintain a
personal action to recover the debt against any person liable for
payment of the sales price or to exercise any other rights and
remedies available at law or in equity.
Added by Laws 2011, c. 123, § 11, eff. Nov. 1, 2011.
§4-201.11. Preference - Owners right to be paid.
The provisions of this act shall not be construed to impair any
other rights a livestock owner otherwise may have at law or in
equity. In the event a conflict arises between this act and any
other rights a livestock owner may have, the livestock owner’s right
to receive the sales price shall be given preference.
Added by Laws 2011, c. 123, § 12, eff. Nov. 1, 2011.
§4-211. Repealed by Laws 1973, c. 15, § 1.
§4-212. Repealed by Laws 1973, c. 15, § 1.
§4-213. Repealed by Laws 1973, c. 15, § 1.
§4-214. Repealed by Laws 1973, c. 15, § 1.
§4-215. Repealed by Laws 1973, c. 15, § 1.
§4-216. Repealed by Laws 1973, c. 15, § 1.
§4-217. Repealed by Laws 1973, c. 15, § 1.
§4-218. Repealed by Laws 1973, c. 15, § 1.
§4-219. Repealed by Laws 1973, c. 15, § 1.
§4-220. Repealed by Laws 1973, c. 15, § 1.
§4-221. Repealed by Laws 1973, c. 15, § 1.
§4-222. Repealed by Laws 1973, c. 15, § 1.
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§4-223. Repealed by Laws 1973, c. 15, § 1.
§4-224. Repealed by Laws 1973, c. 15, § 1.
§4-225. Repealed by Laws 1973, c. 15, § 1.
§4-226. Repealed by Laws 1973, c. 15, § 1.
§4-227. Repealed by Laws 1973, c. 15, § 1.
§4-228. Repealed by Laws 1973, c. 15, § 1.
§4-229. Repealed by Laws 1973, c. 15, § 1.
§4-230. Repealed by Laws 1973, c. 15, § 1.
§4-251. Duties of parties butchering stock or purchasing hides -
Records - Retention of hides for inspection - Violations of
provisions - Penalties.
All parties butchering stock or purchasing hides or pelts, in the
state, shall be required to keep a record of the marks, brands,
color, from whom purchased, and by the party butchering, the sex and
age. They shall be required to keep all hides together, with horns
and ears complete, for at least five (5) days from the time of
butchering the same during the months of May, June, July, August,
September and October, and, during the remaining months of the year,
ten (10) days, said hides to be free for inspection to anyone wishing
to see the same. Any person violating any of the provisions of this
section shall be guilty of a misdemeanor, and upon conviction in any
court of competent jurisdiction, shall be fined in any sum not less
than Twenty-five Dollars ($25.00), nor more than Two Hundred Dollars
($200.00) or shall be imprisoned in the county jail not less than ten
(10) days nor more than six (6) months, or by both such fine and
imprisonment.
R.L.1910, § 186.
§4-252. Repealed by Laws 1949, p. 43, § 13.
§4-253. Repealed by Laws 1949, p. 43, § 13.
§4-254. Repealed by Laws 1949, p. 43, § 13.
§4-255. Repealed by Laws 1949, p. 43, § 13.
§4-256. Repealed by Laws 1949, p. 43, § 13.
§4-257. Repealed by Laws 1949, p. 43, § 13.
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§4-258. Repealed by Laws 1949, p. 43, § 13.
§4-259. Repealed by Laws 1949, p. 43, § 1, 13.
§4-260. Repealed by Laws 1949, p. 43, § 13.
§4-261. Repealed by Laws 1949, p. 43, § 13.
§4-262. Repealed by Laws 1949, p. 43, § 13.
§4-263. Repealed by Laws 1949, p. 43, § 13.
§4-264. Repealed by Laws 1949, p. 43, § 13.
§4-265. Repealed by Laws 1949, p. 43, § 13.
§4-266. Repealed by Laws 1949, p. 43, § 13.
§4-267. Repealed by Laws 1949, p. 43, § 13.
§4-268. Fraudulent branding - Branding over or obliterating previous
brand - Penalties - Definitions.
A. Any person who shall with intent to defraud, brand or
misbrand, mark or mismark any neat domestic animal, not his own; or
shall intentionally brand over a previous brand or shall cut out or
obliterate a previous mark or brand on any neat domestic animal, not
his own, shall be guilty of a felony and upon conviction thereof
shall be punished by imprisonment in the State Penitentiary for a
term not less than three (3) years nor more than ten (10) years or by
imprisonment in the county jail for one (1) year or by a fine not
less than Five Hundred Dollars ($500.00) nor more than One Thousand
Dollars ($1,000.00).
B. For purposes of this section:
1. “Domestic animal” means cattle, equinae, sheep, goat, hog,
poultry and exotic livestock; and
2. “Exotic livestock” means commercially raised exotic livestock
including animals of the families bovidae, cervidae and
antilocapridae or birds of the ratite group.
R.L. 1910, § 203. Amended by Laws 1947, p. 33, § 1; Laws 1963, c.
110, § 1, emerg. eff. May 31, 1963; Laws 1993, c. 36, § 4, eff. July
1, 1993; Laws 1997, c. 133, § 122, eff. July 1, 1999; Laws 1999, 1st
Ex.Sess., c. 5, § 53, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 122 from July 1, 1998, to July 1, 1999.
§4-269. Destruction of cattle hides or brands a misdemeanor.
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Any person who shall burn, or in any manner destroy any cattle
hides, or cut or destroy any brands on same, shall be guilty of a
misdemeanor.
R.L. 1910, § 204.
§4-270. Repealed by Laws 1965, c. 400, § 4, eff. July 1, 1965.
§4-270.1. Repealed by Laws 1968, c. 107, § 3, eff. April 1, 1968.
§4-270.2. Enforcement of laws pertaining to livestock brands.
The laws of this state relating to violations and investigations
of livestock brands shall be enforced and carried out by the Oklahoma
State Bureau of Investigation and any agriculture law enforcement
agent of the state.
Added by Laws 1965, c. 400, § 1, eff. July 1, 1965. Amended by Laws
1968, c. 107, § 1, emerg. eff. April 1, 1968; Laws 2009, c. 373, § 2,
eff. Nov. 1, 2009; Laws 2017, c. 167, § 10, eff. Nov. 1, 2017.
§4-270.3. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§4-271. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-272. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-273. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-274. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-275. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-276. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-277. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-278. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-279. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-280. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-281. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-282. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-283. Repealed by Laws 1955, p. 97, art. 11, § 7.
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§4-284. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-291. Repealed by Laws 1943, p. 17, § 1.
§4-292. Repealed by Laws 1943, p. 17, § 1.
§4-293. Repealed by Laws 1943, p. 17, § 1.
§4-294. Repealed by Laws 1943, p. 17, § 1.
§4-295. Repealed by Laws 1943, p. 17, § 1.
§4-311. Repealed by Laws 1941, p. 464, § 1.
§4-312. Repealed by Laws 1941, p. 464, § 1.
§4-313. Repealed by Laws 1941, p. 464, § 1.
§4-314. Repealed by Laws 1941, p. 464, § 1.
§4-315. Repealed by Laws 1941, p. 464, § 1.
§4-316. Repealed by Laws 1941, p. 464, § 1.
§4-317. Repealed by Laws 1941, p. 464, § 1.
§4-318. Repealed by Laws 1941, p. 464, § 1.
§4-319. Repealed by Laws 1941, p. 464, § 1.
§4-320. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§4-331. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§4-332. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§4-333. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§4-334. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§4-335. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
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§4-341. Livestock shippers - Right to furnish feed.
In all cases wherein any shipper of livestock has contracted with
any person, firm or corporation for the use of feeding pens or
impounding pens in stockyards in the State of Oklahoma wherein said
lessee keeps livestock for the purpose of disposing of the same to
packing plants or otherwise, said lessee shall have the right and is
hereby authorized and empowered to furnish feed for the purpose of
feeding said livestock without purchasing the same from the lessor of
said pens or any other person.
Added by Laws 1933, c. 146, p. 320, § 1.
§4-342. Refusal to permit lessees of pens to furnish feed -
Penalties.
Any person, firm or corporation who refuses to permit the lessee
of pens, as provided in Section 1 hereof, to furnish their own feed
and feed the same to the livestock of such lessees while impounded in
pens belonging to lessors, shall be guilty of a misdemeanor, and
punished by a fine of not to exceed Five Hundred Dollars ($500.00) or
by imprisonment in the county jail for a period not exceeding thirty
(30) days, or by both such fine and imprisonment.
Added by Laws 1933, c. 146, p. 320, § 2.
§4-351. Driver of vehicle carrying livestock, domestic fowls or
ratite - Permit or statement authorizing movement - Violations -
Penalties.
Any person who is the driver of any truck, automobile or other
vehicle containing any livestock, domestic fowls or ratite or any
slaughtered livestock, slaughtered domestic fowls or ratite or the
butchered portions of any of which he is not the owner and which is
upon or being driven upon any land of which said driver is not owner,
lessee, renter or tenant, or which is upon or being driven upon any
highway, public street or thoroughfare, who fails to have in his
possession and exhibit to any meat inspector, sheriff or deputy
sheriff upon demand a written permit authorizing said movement,
signed by the owner or caretaker of said livestock, domestic fowls or
ratite, or from the owner or person in control of the land from which
said driver began said movement, shall be fined not more than Two
Hundred Dollars ($200.00) for each head of livestock in said
movement, unless said driver upon demand of said meat inspector,
sheriff or deputy sheriff makes, signs and delivers to said meat
inspector, sheriff or deputy sheriff a written statement containing
all information herein required to be included in permits. Said
permit or statement shall contain a description of each head of
livestock, domestic fowls and ratites, and the place of origin
thereof, including the name of ranch, market center, packing house or
other place, and the kind, breed, color and marks and brands of such
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livestock, domestic fowls or ratites, if there be any. Failure or
refusal of such driver to exhibit to a person or peace officer said
permit or to make said statement shall constitute probable cause for
any meat inspector, sheriff or deputy sheriff to search said truck or
vehicle to ascertain if it contains any stolen livestock, domestic
fowls or ratites and to detain said movement a reasonable length of
time to ascertain whether any stolen livestock, domestic fowls or
ratites are contained therein, but the person detaining said movement
shall provide adequate care and feed for such livestock, domestic
fowls or ratites while said livestock, domestic fowls or ratites are
being detained. Any driver who has in his possession any false or
forged permit or who makes any false written statement shall be fined
not less than Two Hundred Dollars ($200.00) nor more than Five
Hundred Dollars ($500.00) or he shall be imprisoned in the county
jail not less than sixty (60) days nor more than six (6) months, or
he shall be punished by both such fine and imprisonment.
Added by Laws 1935, p. 193, § 1. Amended by Laws 1993, c. 36, § 5,
eff. July 1, 1993.
§4-361. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-362. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-363. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-364. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-365. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-366. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-367. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-368. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-369. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-370. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-371. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-372. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-373. Repealed by Laws 1955, p. 97, art. 11, § 7.
§4-391. Definitions.
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As used in this act, (a) "Institution" means any school or
college of medicine, dentistry, pharmacy, veterinary medicine or
agriculture, medical diagnostic laboratory, hospital, or other
educational or scientific establishment having to do with the
investigation of or instruction concerning the structure or functions
of living organisms, the causes, prevention, control or cure of
diseases or abnormal conditions of human beings or animals provided
that high schools and elementary schools shall not be classed as
institutions for the purposes of this act. (b) "Public pound" means
any place used by a city or the state for the detention or keeping of
unclaimed or stray animals.
Added by Laws 1951, p. 9, § 1.
§4-392. Application and issuance of license.
An institution requiring for the effective carrying on of its
scientific or educational activities the use of live dogs and cats
may apply to the Oklahoma Department of Agriculture, Food, and
Forestry for a license to obtain animals from the establishment
maintained and operated by public funds for the confinement, care and
disposal of animals seized by public authority, commonly called the
"dog pound". If the Oklahoma Department of Agriculture, Food, and
Forestry finds that the institution, by reason of its ethical
standards, its personnel, its facilities and the uses it proposes to
make of animals is a fit and proper agency to receive a license, and
that the public interest would be served by the issuance of a license
to the institution, it shall issue a license to the institution,
subject to the restrictions and limitations hereinafter provided.
Added by Laws 1951, p. 9, § 2. Amended by Laws 2012, c. 108, § 1,
eff. Nov. 1, 2012.
§4-393. Expiration and renewal of licenses.
A license shall expire annually on June 30, but may be renewed
annually from year to year on application to the Oklahoma Department
of Agriculture, Food, and Forestry, and on compliance with the
conditions required with respect to the original issuance of the
license.
Added by Laws 1951, p. 9, § 3. Amended by Laws 2012, c. 108, § 2,
eff. Nov. 1, 2012.
§4-394. Delivery of animals on demand – Municipal ordinances
relating to impoundment and scientific research.
A. Except as otherwise provided by municipal ordinance, it shall
be the duty of the pound supervisor to deliver from among the
available impounded animals on the demand of an institution
possessing a license, such number of animals as the institution may
demand and be reasonably required effectively to carry on its
activities, subject to the following conditions:
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1. Such animals shall have been impounded at least fifteen (15)
days for dogs without a license, and at least thirty (30) days for
dogs with license and remained unclaimed and unredeemed by their
owners or by any other person desiring the animal as a pet and
willing to pay applicable license fees and the reasonable expenses
incurred in the dog's detention; and
2. Any owner of an animal who voluntarily delivers the
possession of it to a public pound shall have a right to specify that
it shall not be used for scientific research, and if an owner so
specifies, it shall be the duty of the pound superintendent to tag
such animal properly and to make certain that such animal is not
delivered to an institution for scientific purposes; and
3. If a demand is made on a pound supervisor for a greater
number of dogs than he has available for release to the institution,
the supervisor shall withhold thereafter from execution all unclaimed
and unredeemed dogs until the demand has been met; and
4. Any animal in the pound to which an identification tag is
attached may not be disposed of until the owner has been notified.
B. Any city may adopt an ordinance setting the number of days an
animal must be impounded and setting restrictions or prohibitions on
the delivery of animals for scientific research.
Added by Laws 1951, p. 9, § 4. Amended by Laws 1997, c. 210, § 2,
eff. Nov. 1, 1997.
§4-395. Transportation of dogs - Purposes for which used.
The licensed institution shall provide for the transportation of
dogs from the pound, and may use them only in the conduct of their
scientific or educational activities.
Added by Laws 1951, p. 10, § 5.
§4-396. Return of dogs subsequently claimed - Immunity from
liability.
An institution shall at its own expense return to appropriate dog
pound any dog delivered to it which subsequently is identified and
claimed by its owner; provided, however, that no institution shall be
liable to the owner for any injury or illness or subsequent death of
any such animal, resulting from the transportation, detention, or
proper use of the dog in its scientific and educational activities.
Added by Laws 1951, p. 10, § 6.
§4-397. Revocation of licenses.
The Oklahoma Department of Agriculture, Food, and Forestry, after
notice and a reasonable opportunity to defend, may revoke the license
granted an institution (1) if the institution has violated any
provision of this act or any rule or regulation promulgated by the
Oklahoma Department of Agriculture, Food, and Forestry pursuant
hereto; (2) if the standards, personnel, facilities, practices or
=2-#//7/'/1'# .%+
activities of an institution are such that the continued exercise of
the rights conferred by the license issued to the institution is not
in the public interest.
Added by Laws 1951, p. 10, § 7. Amended by Laws 2012, c. 108, § 3,
eff. Nov. 1, 2012.
§4-398. Obtaining dogs from other sources.
Nothing in this act shall be construed to affect the right of an
institution to obtain dogs from sources other than dog pounds.
Added by Laws 1951, p. 10, § 8.
§4-399. Rules and regulations - Inspections and investigations.
A. The Oklahoma Department of Agriculture, Food, and Forestry
shall have the power to adopt such rules and regulations, not
inconsistent with the laws of Oklahoma, as it may deem necessary to
carry into effect the provisions of this act. The Secretary of
Agriculture shall have the right whenever it deems advisable to
inspect or investigate any institution to which it has granted a
license or which has applied for a license.
B. Effective November 1, 2012, all records maintained by the
State Board of Health for the purposes of licensing institutions
pursuant to Sections 391 through 402 of this title shall be
transferred to the Oklahoma Department of Agriculture, Food, and
Forestry.
Added by Laws 1951, p. 10, § 9. Amended by Laws 2012, c. 108, § 4,
eff. Nov. 1, 2012.
§4-400. Interpretation and construction of law.
This act shall be so interpreted and construed as to effect its
general purpose to make available to qualified institutions for the
purpose of scientific investigation, experiment or instruction
unclaimed and unredeemed animals impounded in dog pounds.
Added by Laws 1951, p. 10, § 10.
§4-401. Misdemeanors.
It shall be a misdemeanor for:
(a) Any person or institution to violate any of the provisions of
this act or any rules and regulations promulgated thereunder, or (b)
Any person to fail willfully to execute any duty imposed on him by
this act.
Added by Laws 1951, p. 10, § 11.
§4-402. Partial invalidity.
If any provision of this act or the application thereof to any
person or circumstance is held invalid, such invalidity shall not
affect other provisions or applications of the act which can be given
=2-#//7/'/1'# .%+
effect without the invalid provision or application, and to this end
the provisions of this act are declared to be severable.
Added by Laws 1951, p. 10, § 12.
§4-421. Repealed by Laws 1959, p. 129, § 9.
§4-421.1. Repealed by Laws 1959, p. 129, § 9.
§4-422. Repealed by Laws 1959, p. 129, § 9.
§4-423. Repealed by Laws 1959, p. 129, § 9.
§4-424. Repealed by Laws 1959, p. 129, § 9.
§4-425. Repealed by Laws 1959, p. 129, § 9.
§4-426. Repealed by Laws 1959, p. 129, § 9.
§4-427. Repealed by Laws 1959, p. 129, § 9.
§4-428. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§4-429. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§4-430. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§4-431. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§4-432. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§4-499. Short title.
Sections 1 through 11 of this act shall be known and may be cited
as the "Dog and Cat Sterilization Act".
Added by Laws 1986, c. 204, § 1, eff. Nov. 1, 1986.
§4-499.1. Definitions.
As used in the Dog and Cat Sterilization Act:
1. "Neuter" means to render a male dog or cat unable to
reproduce;
2. "New owner" or "owner" means a person legally competent to
enter into a contract acquiring a dog or cat from a releasing agency;
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3. "Releasing agency" means any pound, shelter, or humane
society organization, whether public or private;
4. "Spay" means to remove the ovaries of a female dog or cat in
order to render said animal unable to reproduce; and
5. "Sterilization" means to spay or neuter a dog or cat.
Added by Laws 1986, c. 204, § 2, eff. Nov. 1, 1986.
§4-499.2. Spaying or neutering as condition for release of certain
animals.
No dog or cat may be released for adoption from a releasing
agency unless said animal has been surgically spayed or neutered; or
unless the adopting party signs an agreement to have the animal
sterilized, and deposits funds with the releasing agency to ensure
that the adopted animal will be spayed or neutered. The amount of the
deposit required shall be determined by each individual releasing
agency. In no event shall the required deposit be less than Ten
Dollars ($10.00).
Added by Laws 1986, c. 204, § 3, eff. Nov. 1, 1986.
§4-499.3. Refund of deposit upon proof of spaying or neutering.
The funds deposited with the releasing agency shall be refunded
to the adopting party upon the adopting party's presentation of a
written statement signed by a licensed veterinarian that the adopted
animal has been spayed or neutered. However, no refunds shall be
made unless said animal was spayed or neutered within sixty (60) days
of adoption in the case of adult animals; or, in the case of infant
animals, within thirty (30) days of the date a female animal attained
the age of six (6) months, or a male animal attained the age of eight
(8) months.
Added by Laws 1986, c. 204, § 4, eff. Nov. 1, 1986.
§4-499.4. Rules - Sterilization agreement.
Releasing agencies may adopt any additional rules to implement
the Dog and Cat Sterilization Act, provided said rules do not
conflict with the provisions or purpose of the Dog and Cat
Sterilization Act to require the spaying and neutering of all dogs
and cats adopted from releasing agencies. The sterilization
agreement to be used by releasing agencies shall be in substantially
the following form:
STERILIZATION AGREEMENT
This Agreement is made and entered into this ____ day of
__________, 19__, by and between:
(Releasing Agency) (New Owner)
__________________________ ______________________________
Name Name
__________________________ ______________________________
Address Address
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__________________________ ______________________________
City Telephone City Telephone
In consideration of the releasing of said animal, and in further
consideration of mutual obligations herein, Releasing Agency releases
the following animal to the New Owner:
_________________________________________________________
(describe animal)
1. Releasing Agency agrees to release the above listed animal
into the care of the New Owner and refund the New Owner's spay/neuter
deposit provided that:
(1) The animal is sterilized by a graduate licensed
veterinarian by ______________________
(give date)
(2) A written statement signed by the veterinarian
performing the sterilization, that the animal has
been sterilized by the stated date is given to the
Releasing Agency.
2. New Owner accepts the above listed animal and agrees:
(1) To have the animal sterilized by a graduate
licensed veterinarian by __________________
(give date)
(2) To provide written evidence to the Releasing Agency
from the veterinarian performing the sterilization
that the animal has been sterilized by the above
date listed.
This Agreement shall be binding upon the assigns, heirs,
executors and administrators of the respective parties.
The parties hereto have hereunto set their hands the day and year
first above written.
______________________________
Releasing Agency (signature of
agent)
______________________________
New Owner (signature of)
Added by Laws 1986, c. 204, § 5, eff. Nov. 1, 1986.
§4-499.5. Extension of time to spay or neuter.
Upon presentation of a written report from a licensed
veterinarian stating that the life or health of an adopted animal may
be jeopardized by surgery, the releasing agency shall grant a thirty-
day extension of the period within which the spay or neuter surgery
would otherwise be required. Further extensions may be granted upon
additional veterinary reports stating their necessity.
Added by Laws 1986, c. 204, § 6, eff. Nov. 1, 1986.
§4-499.6. Death of adopted animal - Refund of deposited funds.
=2-#//7/'/1'# .%")
If requested to do so, releasing agencies shall refund deposited
funds to the adopting party upon reasonable proof being presented to
the releasing agency by the adopting party that the adopted animal
died before the expiration of the period during which the spaying or
neutering was required to be completed.
Added by Laws 1986, c. 204, § 7, eff. Nov. 1, 1986.
§4-499.7. Disposition of forfeited funds - Record of accounts.
Funds which have been forfeited by adopting parties shall be
placed in a separate account, which shall be an interest bearing
account whenever feasible and releasing agencies shall allocate funds
from said account to programs which directly promote, subsidize or
otherwise reduce the cost of spaying or neutering animals of the
releasing agency. The releasing agency shall maintain accurate
records of accounts which fund spay/neuter programs.
Added by Laws 1986, c. 204, § 8, eff. Nov. 1, 1986.
§4-499.8. Adoption standards.
Subject to the provisions and purposes of the Dog and Cat
Sterilization Act and laws of the State of Oklahoma, releasing
agencies may establish adoption standards for pets in their care;
provided, however, that in the case of public facilities said
standards must be reasonably related to the prevention of cruelty to
animals, the responsible management of dogs and cats in the interest
of preserving public health and welfare, and shall be applied in a
fair and equal manner to all potential adopters.
Added by Laws 1986, c. 204, § 9, eff. Nov. 1, 1986.
§4-499.9. Construction of act.
The provisions of the Dog and Cat Sterilization Act shall not be
construed to require the sterilization of dogs and cats which are
being held in releasing agencies which might be claimed by their
rightful owners; nor shall it be construed to require the
sterilization of dogs and cats held pursuant to the provisions of
Section 391-402 of Title 4 of the Oklahoma Statutes. Further, the
Dog and Cat Sterilization Act shall not be construed to interfere
with municipal ordinances that meet or exceed the dog and cat
sterilization requirements set forth in the Dog and Cat Sterilization
Act.
Added by Laws 1986, c. 204, § 10, eff. Nov. 1, 1986.
§4-499.10. Failure to comply with act.
Failure to comply with the provisions of the Dog and Cat
Sterilization Act shall constitute either a public or private
nuisance. Any person may maintain a civil action to enjoin the
continuance of said private nuisance. The public nuisance may also
be abated by any public body or officer authorized by law to do so.
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Added by Laws 1986, c. 204, § 11, eff. Nov. 1, 1986.
§4-501. Disposal of animals kept for pleasure - Method.
A. Any dog, cat or any other animal which is kept for pleasure
rather than utility in or about a household, held by or in the
custody of a private or public animal shelter or agency and not
reclaimed by the owner, may be disposed of only by:
1. Adoption as a pet in a suitable home;
2. Delivery to a licensed educational or research institution in
accordance with the provisions of Sections 391 through 402 of this
title; or
3. Euthanasia by only one of the following methods:
a. administration of denatured sodium pentobarbital,
b. the use of a carbon monoxide chamber, using
commercially compressed cylinder gas; provided that
kittens and puppies under sixteen (16) weeks of age
shall not be euthanized with carbon monoxide but with
injections of denatured sodium pentobarbital, or
c. any other method approved by the Animal Industries
Services Division of the State Department of
Agriculture which shall include current acceptable
euthanasia recommendations from the American Veterinary
Medical Association, with the exception of curariform
derivative drugs. The following requirements must be
met to ensure the euthanasia agent is humane:
(1) the method should be as painless as possible to
the animal as determined by the best available
medical and scientific knowledge and technology,
(2) the animal should be kept as free from anxiety and
fear as possible,
(3) the technique should be:
(a) simple enough to be used by relatively
unskilled personnel,
(b) legally available to all animal shelters and
humane societies,
(c) as mechanically simple and maintenance free
as possible within reasonable cost, and
(d) physically safe for personnel using it.
B. Death should be confirmed by cessation of vital signs.
Professional judgment should be used in consideration of the animal
species and method of euthanasia to determine the means of confirming
death.
Added by Laws 1981, c. 167, § 1. Amended by Laws 2000, c. 199, § 1,
eff. Nov. 1, 2000.
§4-502. Denatured sodium pentobarbital - Method of administration –
Possession and purchase by certified animal euthanasia technician.
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A. Denatured sodium pentobarbital shall be administered by any
one of the following methods:
1. Intravenous or intracardial injection of a lethal dose in
dogs and cats. Intracardiac injection is acceptable only when
performed on heavily sedated, anesthetized, or comatose animals;
2. Oral ingestion by wild or intractable dogs of powdered
denatured sodium pentobarbital in capsules mixed with food, with the
dog remaining in its individual cage until dead; or
3. Intraperitoneal or intracardial injection in cats, kittens
and puppies when location of and injection into the vein is difficult
or impossible. Intracardiac injection is acceptable only when
performed on heavily sedated, anesthetized, or comatose animals.
B. Denatured sodium pentobarbital shall be administered under
the following conditions:
1. A sharp and undamaged hypodermic needle shall be used for
each animal and be of a size suitable for the size and species of
animal, and method of injection; and
2. Administration shall be by a licensed veterinarian or by a
person trained for this purpose and approved and supervised by a
licensed veterinarian, or a person certified as an animal euthanasia
technician by the Oklahoma State Board of Veterinary Medical
Examiners or an animal control officer registered by the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control as provided in
subsection D of this section.
C. 1. Any certified animal euthanasia technician that is
registered by the Oklahoma Bureau of Narcotics and Dangerous Drugs
Control, Drug Enforcement Agency, and who holds a valid certificate
issued by the Oklahoma Board of Veterinary Medical Examiners or any
animal control officer that is registered by the Oklahoma Bureau of
Narcotics and Dangerous Drugs Control is authorized to purchase and
possess denatured sodium pentobarbital or other drugs approved by the
registering entity for euthanasia of animals provided they are
working in conjunction with a law enforcement agency, animal control
agency, or animal shelter that is recognized and approved by the
Board or the Oklahoma Bureau of Narcotics and Dangerous Drugs
Control; and
2. Denatured sodium pentobarbital and other drugs approved by
the Board of Veterinary Medical Examiners or the Oklahoma Bureau of
Narcotics and Dangerous Drugs Control shall be the only drugs used
for the euthanasia of animals in an animal shelter.
Added by Laws 1981, c. 167, § 2. Amended by Laws 2000, c. 199, § 2,
eff. Nov. 1, 2000; Laws 2003, c. 338, § 1, eff. Nov. 1, 2003.
§4-503. Carbon monoxide - Administration.
Personnel shall be thoroughly instructed and be adequately
trained in the operation and use of the carbon monoxide chamber.
Carbon monoxide shall be administered in the following manner:
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Adult animals, over sixteen (16) weeks of age, to be euthanized,
shall be left in the chamber for a minimum of twenty (20) minutes
after the carbon monoxide is administered. No animal so euthanized
shall be removed until five (5) minutes after cessation of
respiratory movements. The animal's body shall not be disposed of
until death has been confirmed.
Added by Laws 1981, c. 167, § 3. Amended by Laws 2000, c. 199, § 3,
eff. Nov. 1, 2000.
§4-504. Carbon monoxide chambers - Equipment required.
Carbon monoxide chambers shall be equipped with:
1. Internal lighting and a viewport providing direct visual
observation of any animal within the chamber;
2. Compressed cylinder gas of commercial grade adequate to
achieve a uniform carbon monoxide gas concentration throughout the
chamber that induces unconsciousness within three (3) minutes after
any animal is placed in the chamber;
3. A suitable gauge or gas concentration indicator or recording
device making possible easy and instantaneous visual determination of
the carbon monoxide concentration in the chamber;
4. A means of keeping the animals in the chamber in separate
compartments;
5. An exhaust fan connected by a gas-tight duct to the outdoors,
capable of completely evacuating the gas from the chamber before it
is opened after each use, for protection of personnel. There shall
also be a gas analyzer located in the room that is capable of warning
personnel of hazardous concentrations while the chamber is being
used. Small carbon monoxide chambers without exhaust fan or warning
bell may be placed outdoors, provided they are placed under a shelter
with a roof for protection of equipment and personnel, but open at
the sides for ventilation.
Added by Laws 1981, c. 167, § 4. Amended by Laws 2000, c. 199, § 4,
eff. Nov. 1, 2000.
§4-505. Repealed by Laws 2000, c. 199, § 8, eff. Nov. 1, 2000.
§4-506. Municipality not having proper facilities and personnel -
Manner of disposal.
Any municipality that does not have proper facilities and trained
personnel shall transport in a humane manner any animals which are to
be euthanized to the nearest municipality which has proper facilities
and trained personnel or contract for euthanasia of such animals by a
licensed veterinarian.
Added by Laws 1981, c. 167, § 6.
§4-507. Violation of act as nuisance - Injunction - Abatement.
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Failure by any private or public animal shelter to comply with
the provisions of this act for euthanizing animals shall constitute a
nuisance. Any person may maintain a civil action to enjoin the
continuance of the nuisance. If the acts sought to be enjoined are
determined by the courts to violate the provisions of this act, a
permanent injunction against such acts shall be granted. The
nuisance may also be abated by any public body or officer authorized
to do so by law.
Added by Laws 1981, c. 167, § 7.
§4-508. Exemptions.
The provisions of Sections 1 through 7 of this act shall not
apply to any municipality with a population of ten thousand (10,000)
or less persons according to the latest Federal Decennial Census.
However, unclaimed animals must be destroyed by an acceptable, humane
method.
Added by Laws 1981, c. 167, § 8.
§4-511. Definitions.
As used in this act:
1. “Abandon” includes leaving an animal without making
reasonable arrangements for assumption of custody by another person;
and
2. “Neglect” means unreasonable deprivation of necessary food,
care, or shelter.
Added by Laws 2007, c. 116, § 1, eff. Nov. 1, 2007.
§4-512. Seizure of abandoned or neglected animals - Divestment of
ownership.
A. If a law enforcement officer has reason to believe that an
animal has been abandoned or neglected in violation of Sections 1685
or 1692 through 1700 of Title 21 of the Oklahoma Statutes, the
officer may apply in a court of competent jurisdiction for a warrant
to seize the animal. Upon a showing of probable cause, the court
shall issue a warrant and set a hearing within ten (10) calendar days
of the date of issuance to determine if a violation of such statutes
has occurred. Upon execution of the warrant, the animal shall be
impounded and the owner of the animal shall receive written notice of
the time and place of a hearing to determine whether the owner’s
right to ownership of the animal shall be terminated.
B. If the court finds that the owner of the animal has not
abandoned or neglected the animal, the court shall order the animal
returned to the owner.
C. If the court finds that the owner of the animal has abandoned
or neglected the animal, the owner shall be divested of ownership of
the animal, and the court shall order:
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1. The ownership of the animal be transferred to a nonprofit
animal shelter, pound or society for the protection of animals so
that the animal may be sold or adopted; or
2. The animal be humanely destroyed if the court determines that
the best interests of the animal or that the public health and safety
would be served by doing so.
D. If the court finds that the owner of the animal has abandoned
or neglected the animal, the court shall order the owner to pay all
court costs, any reasonable costs incurred for housing and caring for
the animal during impoundment, and any reasonable costs incurred for
humanely destroying the animal if ordered by the court.
Added by Laws 2007, c. 116, § 2, eff. Nov. 1, 2007.
§4-602. Pet overpopulation – Gifts, grants and donations - Programs.
A. The Oklahoma Department of Agriculture, Food, and Forestry,
through the State Veterinarian, may:
1. Adopt an education program concerning pet overpopulation with
emphasis on the importance of spaying and neutering to control pet
overpopulation;
2. Accept gifts, grants, and donations, including personal
services. Any gift, grant, or donation other than personal services
shall be deposited into the Oklahoma Pet Overpopulation Fund created
in Section 17 of this act;
3. Develop, adopt, and implement a cooperative process for
working with animal shelters, veterinarians, and local communities
concerning pet overpopulation in this state; and
4. Enter into contracts with entities for the evaluation and
selection of program applicants.
B. When expending funds to implement this section, the State
Veterinarian shall:
1. Establish a method for publishing, accepting, and evaluating
grant applications for spay and neuter programs; and
2. Give priority to the areas that have demonstrated the
greatest need.
Added by Laws 2004, c. 504, § 20, eff. July 1, 2004.
NOTE: An identical section added by Laws 2004, c. 366, § 3 repealed
by Laws 2004, c. 1, § 1, emerg. eff. March 15, 2005.
§4-701. Short title - Care and Disposition of Disaster Animals Act.
This act shall be known and may be cited as the "Care and
Disposition of Disaster Animals Act".
Added by Laws 2015, c. 304, § 1, emerg. eff. May 12, 2015.
§4-702. Definitions.
As used in the Care and Disposition of Disaster Animals Act:
1. "Animal shelter" means a physical facility or entity,
including those utilizing private homes, operating for the purpose of
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providing temporary or long-term animal shelter to lost, unwanted or
abandoned animals, that is recognized and approved by the state or
local authority;
2. "Approved website" means a website approved by the State
Veterinarian;
3. "Class #1 Event" means a state-declared emergency for a
county or portion of a county requiring companion animals' owners to
leave their residences for more than twenty-four (24) hours;
4. "Class #2 Event" means a federally declared disaster
requiring companion animals' owners to leave their residences for
more than twenty-four (24) hours;
5. "Companion animals" means domesticated animals, such as a
dog, cat, bird, rabbit, rodent or turtle, that are traditionally kept
in the home for pleasure rather than for commercial purposes, can
travel in commercial carriers and be housed in temporary facilities.
Companion animals do not include reptiles other than turtles,
amphibians, fish, insects, arachnids, farm animals including, but not
limited to, horses, animals kept for racing purposes or animals held
by a registered research facility under the federal Animal Welfare
Act. Feral animals, animals covered by the federal Animal Welfare
Act or by regulations issued under that act and any other animals
held for use in or used in research are excluded from the Care and
Disposition of Disaster Animals Act;
6. "Disaster animals" means domesticated companion animals that
have become separated from an owner as the result of a Class #1 Event
or Class #2 Event. Disaster animals include those found on private
property or running at large, as well as owner-surrendered or
relinquished companion animals. Feral animals are excluded from the
Care and Disposition of Disaster Animals Act;
7. "Extension by contract" means extensions of the mandated
holding period based upon an agreement between the owner and animal
shelter for an additional time period;
8. "Feral animals" means animals that do not have an owner;
9. "Holding period" means the length of time that disaster
animals are cared for by an animal shelter and not disposed of;
10. "Owner" means the person having title to companion animals;
11. "Reclaim" means the taking back of possession of disaster
animals by the owner or an agent of the owner;
12. "Shelter animals" means companion animals living at an
animal shelter before a Class #1 Event or Class #2 Event; and
13. "Tracking information" means available information about the
owner, physical description and health history of the disaster
animal, photographs of the disaster animal, information about where
the disaster animal was found and transported to, recommended course
of treatment and communications with an owner, including a holding
period extension by contract.
Added by Laws 2015, c. 304, § 2, emerg. eff. May 12, 2015.
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§4-703. Holding periods.
A. Disaster animals taken from a disaster area or delivered to
an animal shelter following a Class #1 Event or Class #2 Event shall
be kept by the animal shelter that receives the disaster animals
according to the applicable holding period, unless the owner of the
disaster animals agrees otherwise in writing. After the applicable
holding period has passed for disaster animals, the animal shelter
has the authority to dispose of the disaster animals as allowed under
state law when there is no Class #1 Event or Class #2 Event, unless
the owner has an extension by contract with the animal shelter for
additional time. An owner who does not retake possession of their
disaster animals by the end of the applicable holding period plus any
extension by contract thereof has abandoned the disaster animals, and
any new owner shall have unencumbered title to the disaster animals.
B. Holding periods:
1. Class #1 Event: Disaster animals brought in to an animal
shelter shall be kept by the animal shelter for a minimum of thirty
(30) days;
2. Class #2 Event: Disaster animals brought to an animal
shelter shall be kept for a minimum of thirty (30) days up to ninety
(90) days as determined by the State Veterinarian after photograph
and tracking information about the disaster animals sufficient to
give notice to owners is posted on an approved website. The holding
period for the animal shelter shall be six (6) months if posting on
an approved website does not occur. This requirement may be modified
by the State Veterinarian or as otherwise determined by the State
Veterinarian;
3. During the holding period, the animal shelter is fully
authorized to provide or arrange for necessary veterinary health
services that are in the best interests of the disaster animals as
may be determined by a veterinarian, up to and including humane
euthanasia. A disaster animal that exhibits ownership by the
presence of a tag or identification chip or was removed from a
private residence, including fenced adjacent land, may not be spayed
or neutered without the written permission of the owner unless it is
medically necessary as may be determined by a veterinarian;
4. During the holding period, an animal shelter may place a
disaster animal in a private home or other animal shelter either in
the state or out of the state so long as available tracking
information is kept and any transfer out of state is authorized by
the State Veterinarian. In no case shall title to a disaster animal
be awarded to a new owner until after the holding period has expired,
together with any extension by contract thereof;
5. If an owner of a disaster animal contacts an animal shelter
about disaster animals but is unable to assume possession of the
disaster animal by the end of the applicable holding period, the
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owner may request the animal shelter to keep the disaster animal for
up to an additional thirty (30) days, if the owner is willing to pay
the cost of care as established by the animal shelter for the
disaster animal during an extension by contract. The animal shelter
may require payment of the costs as a condition of extending the
holding period. If by the end of the extension by contract the
disaster animal has not been reclaimed by the owner, the animal
shelter may treat the holding period as expired. The animal shelter
shall advise an owner of the dates of the required holding period and
opportunity for extensions by contract, if any owner inquiry is made;
6. If an animal shelter becomes inoperative because of a Class
#1 Event or Class #2 Event, all the companion animals removed from
the animal shelter shall be treated as disaster animals by whoever
takes control of the companion animals, unless records that accompany
the shelter animals demonstrate that it was lawfully permissible to
transfer title to the shelter animals before a Class #1 Event or
Class #2 Event. If these records are available, then the shelter
animals shall not be treated as disaster animals;
7. If an owner of a disaster animal has contacted the animal
shelter responsible for the owner's disaster animal before the end of
the holding period to reclaim the disaster animal, but the animal
shelter or other possessor of the disaster animal refuses to return
the disaster animal, any transfer of title agreement by the animal
shelter to a new owner is voidable by court order; and
8. Prior to the scheduling of any adoption event for the
adoption of unclaimed disaster animals from a Class #1 Event or Class
#2 Event, the animal shelter shall notify the State Veterinarian and
request approval of the adoption event. Any transfer of title
agreement by the animal shelter to a new owner is voidable by court
order if the adoption event is not approved by the State
Veterinarian.
Added by Laws 2015, c. 304, § 3, emerg. eff. May 12, 2015.
§4-704. Transfer to animal shelter.
Any individual who is not working under the authority of an
animal shelter and who takes possession of disaster animals shall
transfer the disaster animals as quickly as reasonably possible to an
animal shelter along with available tracking information.
Added by Laws 2015, c. 304, § 4, emerg. eff. May 12, 2015.
§4-705. Removal from the state - Penalties.
A. No disaster animal may be removed from the state without the
permission of the State Veterinarian or by satisfying such
requirements as might be established by the State Veterinarian.
B. Except as provided in subsection A of this section, anyone
who knowingly removes disaster animals from the state is subject to a
civil fine of up to One Thousand Dollars ($1,000.00) per offense.
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Each disaster animal, each action or each day a violation continues
may constitute a separate and distinct offense.
Added by Laws 2015, c. 304, § 5, emerg. eff. May 12, 2015.
§4-706. Application and construction of act.
A. The Care and Disposition of Disaster Animals Act shall not
limit an animal control authority or agent thereof from humanely
euthanizing an animal in accordance with existing state law.
B. The Care and Disposition of Disaster Animals Act does not
impose any affirmative duty on an animal shelter to admit disaster
animals.
C. The Care and Disposition of Disaster Animals Act shall not
restrict or interfere with the general powers of the State
Veterinarian, including the power to quarantine or to restrict the
movement of disaster animals or to exercise powers provided by law.
D. The Care and Disposition of Disaster Animals Act shall not be
construed as preventing veterinary care for disaster animals either
before or after they are brought to an animal shelter.
Added by Laws 2015, c. 304, § 6, emerg. eff. May 12, 2015.
§4-707. Enforcement.
Violations of the Care and Disposition of Disaster Animals Act
may be enforced by the State Board of Agriculture pursuant to its
enforcement authority and all remedies found in the Oklahoma
Agricultural Code for the enforcement of Title 2 of the Oklahoma
Statutes.
Added by Laws 2015, c. 304, § 7, emerg. eff. May 12, 2015.
§4-801. Public accommodations – Policy to prohibit animals – Service
animal exception.
A. For purposes of this section:
1. The terms "place of public accommodation", "public
accommodation" and "service animal" shall have the same meaning as
such terms are defined in 28 C.F.R., Section 36.104. "Service
animal" does not include an emotional support animal or a therapy
animal;
2. "Emotional support animal" means an animal selected to reside
with an individual with a disability that does not work or perform
tasks for the benefit of an individual with a disability and does not
accompany at all times an individual with a disability; and
3. "Therapy animal" means a personal pet who is certified to
make therapeutic visits with a trained volunteer to places including,
but not limited to, nursing facilities, schools and hospitals to
bring therapeutic benefit, comfort and cheer to others.
B. A public accommodation may adopt a policy to prohibit
animals, except service animals, from entering the place of public
accommodation.
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C. A public accommodation which adopts such a policy shall post
a sign in a conspicuous location outside the entrance of the place of
public accommodation stating which animals or types of animals are
prohibited. Such sign shall also state that service animals are
permitted.
D. If a public accommodation inquires into the qualification of
a service animal, the public accommodation shall comply with 28
C.F.R., Section 36.302(c)(6).
Added by Laws 2019, c. 361, § 1, eff. Nov. 1, 2019.
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