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Oklahoma

Oklahoma Statutes Annotated. Title 21. Crimes and Punishments. Part VII. Crimes Against Property. Chapter 68. Larceny. Title 4. Animals. Chapter 3. Dogs and Cats. Chapter 13. Use of Unclaimed Animals for Scientific Investigation and Education. Chapter 14A. Dog and Cat Sterilization Act. Chapter 15. Disposal of Animals Held in Shelter. Chapter 16. Pet Overpopulation Education Program. Title 29. Game and Fish. Chapter 1. Oklahoma Wildlife Conservation Code. Article VII. Miscellaneous. Part 3. Hatcheries, Parks and Refuges.

Statute Details
Printable Version
Citation: 21 Okl. St. Ann. 1717 - 1718; 4 Okl.St.Ann. 41 - 47; 391 - 402; 499 - 499.10; 501 - 602; OK ST T. 29 7-304

Citation: OK ST T. 21 1717 - 1718; OK ST T. 4 41 - 47; 391 - 402; 499 - 499.10; 501 - 602; OK ST T. 29 7-304


Last Checked by Web Center Staff: 01/2014

Summary:   These statutes comprise Oklahoma's dog laws.  Among the provisions include dog control laws, sterilization provisions for adopted animals, and the use of unclaimed animals in scientific research or experimentation.


Statute in Full:

Link to Title 4. Animals. Chapter 13. Use of Unclaimed Animals for Scientific Investigation and Education (OK ST T. 4 § 391 - 402)

Link to Title 59. Professions and Occupations. Chapter 59. Commercial Pet Breeders Act (OK ST T. 59 § 5001 - 5029)

Title 21. Crimes and Punishments. Part VII. Crimes Against Property. Chapter 68. Larceny.

§ 1717. Dog as personal property

§ 1718. Larceny of dogs

Title 4. Animals.  Chapter 3. Dogs and Cats.

§ 41. Animals chasing or injuring livestock--Right to kill--Liability of owner--Warrantless seizure--Court proceedings--Definitions

§ 42.1. Personal injury by dog--Liability of owner

§ 42.2. Lawful presence on owner's property, what constitutes--Public place, what is

§ 42.3. Exceptions to application of act--Existing rights and liabilities

§ 42.4. Owners of dangerous dogs, bite or attacks on public property-- penalty

§ 43. Counties over 200,000 population--Regulation and control of dogs running at large--Penalties

Dangerous Dogs

§ 44. Definitions

§ 45. Certificate of registration for certain dogs required--Exemption--Fee

§ 46. Muzzle and restraint of certain dogs required--Local regulation of dangerous dogs--Dogs not to be declared dangerous

§ 47. Confiscation of dangerous dog--Purpose of act--Other remedies

Title 4. Animals.  Chapter 14A. Dog and Cat Sterilization Act.

§ 499. Short title

§ 499.1. Definitions

§ 499.2. Spaying or neutering as condition for release of certain animals

§ 499.3. Refund of deposit upon proof of spaying or neutering

§ 499.4. Rules--Sterilization agreement

§ 499.5. Extension of time to spay or neuter

§ 499.6. Death of adopted animal--Refund of deposited funds

§ 499.7. Disposition of forfeited funds--Record of accounts

§ 499.8. Adoption standards

§ 499.9. Construction of act

§ 499.10. Failure to comply with act

Title 4. Animals.  Chapter 15. Disposal of Animals Held in Shelter.

§ 501. Disposal of animals kept for pleasure--Method

§ 502. Denatured sodium pentobarbital--Method of administration--Possession and purchase by certified animal euthanasia technician

§ 503. Carbon monoxide--Administration

§ 504. Carbon monoxide chambers--Equipment required

§ 505. Repealed by Laws 2000, c. 199, § 8, eff. Nov. 1, 2000

§ 506. Municipality not having proper facilities and personnel--Manner of disposal

§ 507. Violation of act as nuisance--Injunction--Abatement

§ 508. Exemptions

§ 511. Definitions

§ 512. Seizure of abandoned or neglected animals--Divestment of ownership

Chapter 16. Pet Overpopulation Education Program

§ 602. Pet overpopulation education program

Title 29. Game and Fish. Chapter 1. Oklahoma Wildlife Conservation Code. Article VII. Miscellaneous. Part 3. Hatcheries, Parks and Refuges.

§ 7-304. Wildlife refuges or Wildlife Management Areas--Entry with dog or gun prohibited--Exceptions

 

 

Title 21. Crimes and Punishments. Part VII. Crimes Against Property. Chapter 68. Larceny.

§ 1717. Dog as personal property

All animals of the dog kind, whether male or female, shall be considered the personal property of the owner thereof, for all purposes.

CREDIT(S)

R.L.1910, § 2668; Laws 1968, c. 261, § 1, emerg. eff. April 29, 1968.

 

§ 1718. Larceny of dogs

The taking of personal property of the kind defined in Section 1717 of this title, accomplished by fraud or stealth, and with the intent to deprive another thereof, is hereby defined as larceny and punishable in the same manner and to the same degree as in larceny of other descriptions of personal property.

CREDIT(S)

R.L.1910, § 2669; Laws 1971, c. 123, § 1, emerg. eff. May 4, 1971.

 

Title 4. Animals.  Chapter 3. Dogs and Cats.

§ 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 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, 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.

Credits

R.L.1910, § 120; 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, § 1, eff. July 1, 2007; Laws 2013, c. 278, § 1, emerg. eff. May 14, 2013.

 

§ 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.

CREDIT(S)

Laws 1947, p. 32, § 1, emerg. eff. March 11, 1947; Laws 1980, c. 75, § 1, eff. Oct. 1, 1980.


 

§ 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 [FN1] 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.

CREDIT(S)

Laws 1947, p. 32, § 2, emerg. eff. March 11, 1947; Laws 2006, c. 262, § 2, emerg. eff. June 7, 2006.

[FN1] O.S.L.2006, c. 262, § 1 [Title 4, § 42.4].

 

§ 42.3. Exceptions to application of act--Existing rights and liabilities

Provided that this act [FN1] 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.

[FN1] Title 4, § 42.1 et seq.

CREDIT(S)

Laws 1947, p. 32, § 3, emerg. eff. March 11, 1947.

 

§ 42.4. Owners of dangerous dogs, bite or attacks on public property-- penalty

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.

CREDIT(S)

Laws 2006, c. 262, § 1, emerg. eff. June 7, 2006.


 

§ 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 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 [FN1] 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.

[FN1] This section.

CREDIT(S)

Laws 1959, p. 25, § 1.


 

§ 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 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.

CREDIT(S)

Laws 1991, c. 199, § 1, eff. Feb. 1, 1992; Laws 2001, c. 159, § 1, emerg. eff. May 1, 2001; Laws 2006, c. 262, § 3, emerg. eff. June 7, 2006.

 

§ 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.

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.

CREDIT(S)

Laws 1991, c. 199, § 2, eff. Feb. 1, 1992.


 

§ 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.

CREDIT(S)

Laws 1991, c. 199, § 3, eff. Feb. 1, 1992; Laws 2006, c. 262, § 4, emerg. eff. June 7, 2006.

 

§ 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 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.

CREDIT(S)

Laws 1991, c. 199, § 4, eff. Feb. 1, 1992; Laws 2006, c. 262, § 5, emerg. eff. June 7, 2006.

 

Title 4. Animals.  Chapter 14A. Dog and Cat Sterilization Act.

§ 499. Short title

Sections 1 through 11 of this act [FN1] shall be known and may be cited as the "Dog and Cat Sterilization Act".

[FN1] Title 4, §§ 499 to 499.10.

CREDIT(S)

Laws 1986, c. 204, § 1, eff. Nov. 1, 1986.


 

§ 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;

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.

CREDIT(S)

Laws 1986, c. 204, § 2, eff. Nov. 1, 1986.


 

§ 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).

CREDIT(S)

Laws 1986, c. 204, § 3, eff. Nov. 1, 1986.


 

§ 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.

CREDIT(S)

Laws 1986, c. 204, § 4, eff. Nov. 1, 1986.


 

§ 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

________________________________  ________________________________

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)

CREDIT(S)

Laws 1986, c. 204, § 5, eff. Nov. 1, 1986.

 

§ 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.

CREDIT(S)

Laws 1986, c. 204, § 6, eff. Nov. 1, 1986.


 

§ 499.6. Death of adopted animal--Refund of deposited funds

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.

CREDIT(S)

Laws 1986, c. 204, § 7, eff. Nov. 1, 1986.


 

§ 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.

CREDIT(S)

Laws 1986, c. 204, § 8, eff. Nov. 1, 1986.


 

§ 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.

CREDIT(S)

Laws 1986, c. 204, § 9, eff. Nov. 1, 1986.


 

§ 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.

CREDIT(S)

Laws 1986, c. 204, § 10, eff. Nov. 1, 1986.


 

§ 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.

CREDIT(S)

Laws 1986, c. 204, § 11, eff. Nov. 1, 1986.



 

Title 4. Animals.  Chapter 15. Disposal of Animals Held in Shelter.

§ 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.

CREDIT(S)

Laws 1981, c. 167, § 1; Laws 2000, c. 199, § 1, eff. Nov. 1, 2000.


 

§ 502. Denatured sodium pentobarbital--Method of administration--Possession and purchase by certified animal euthanasia technician

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.

CREDIT(S)

Laws 1981, c. 167, § 2; Laws 2000, c. 199, § 2, eff. Nov. 1, 2000; Laws 2003, c. 338, § 1, eff. Nov. 1, 2003.

 

§ 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:

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.

CREDIT(S)

Laws 1981, c. 167, § 3; Laws 2000, c. 199, § 3, eff. Nov. 1, 2000.


 

§ 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.

CREDIT(S)

Laws 1981, c. 167, § 4; Laws 2000, c. 199, § 4, eff. Nov. 1, 2000.


 

§ 505. Repealed by Laws 2000, c. 199, § 8, eff. Nov. 1, 2000

 

§ 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.

CREDIT(S)

Laws 1981, c. 167, § 6.


 

§ 507. Violation of act as nuisance--Injunction--Abatement

Failure by any private or public animal shelter to comply with the provisions of this act [FN1] 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.

[FN1] Title 4, § 501 et seq.

CREDIT(S)

Laws 1981, c. 167, § 7.


 

§ 508. Exemptions

The provisions of Sections 1 through 7 of this act [FN1] 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.

[FN1] Title 4, §§ 501 to 507.

CREDIT(S)

Laws 1981, c. 167, § 8.

 

§ 511. Definitions

As used in this act: [FN1]

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.

CREDIT(S)

Laws 2007, c. 116, § 1, eff. Nov. 1, 2007.

 

§ 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:

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.

CREDIT(S)

Laws 2007, c. 116, § 2, eff. Nov. 1, 2007.


 

§ 602. Pet overpopulation education program

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 2 of this act; [FN1]

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.

[FN1] O.S.L.2004, c. 366, § 2, [Title 68, § 2368.13].

CREDIT(S)

Laws 2004, c. 504, § 20, eff. July 1, 2004.

 

Title 29. Game and Fish. Chapter 1. Oklahoma Wildlife Conservation Code. Article VII. Miscellaneous. Part 3. Hatcheries, Parks and Refuges.

§ 7-304. Wildlife refuges or Wildlife Management Areas--Entry with dog or gun prohibited--Exceptions

A. Except as otherwise provided by law, no person may enter upon any state or federal wildlife refuge or Wildlife Management Area with dog, gun or bow.

B. Exceptions to the above provisions are when the Commission and/or the Tourism and Recreation Commission may by resolution permit:

1. The holding of field trials by duly authorized sportsmen's clubs; or

2. Such hunting, killing or trapping of wildlife from such refuge or Wildlife Management Area; provided, however, that Lake Murray State Park shall not be utilized for killing or trapping of natural wildlife and shall remain a wildlife preserve.

C. Any person convicted of violating provisions of this section shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00), or by imprisonment in the county jail for not less than ten (10) days nor more than thirty (30) days, or by both such fine and imprisonment.

CREDIT(S)

Laws 1974, c. 17, § 7-304, eff. April 8, 1974; Laws 1991, c. 182, § 51, eff. Sept. 1, 1991; Laws 1992, c. 149, § 12, emerg. eff. April 30, 1992.

 



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