Okla. Stat. tit. 4, § 4-706 — OK Code / Title 4 / Section 4-706
Application and construction of act
Status: in_force

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.

Oklahoma Statutes - Title 4. Animals Page 73

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.
Okla. Stat. tit. 4, § 4-30.10 — OK Code / Title 4 / Section 4-30.10
Disclosure of license
Status: in_force

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.

Oklahoma Statutes - Title 4. Animals Page 13
Okla. Stat. tit. 4, § 4-396 — OK Code / Title 4 / Section 4-396
Return of dogs subsequently claimed - Immunity from
Status: in_force

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.
Okla. Stat. tit. 4, § 4-30.7 — OK Code / Title 4 / Section 4-30.7
Revocation or suspension of license
Status: in_force

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.

Oklahoma Statutes - Title 4. Animals Page 12
Okla. Stat. tit. 4, § 4-201.2 — OK Code / Title 4 / Section 4-201.2
Definitions
Status: in_force

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;

Oklahoma Statutes - Title 4. Animals Page 46

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

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

Oklahoma Statutes - Title 4. Animals Page 47

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.
Okla. Stat. tit. 4, § 4-146 — OK Code / Title 4 / Section 4-146
Joinder to partition fence - Payment for or rebuilding of
Status: in_force

half of fence.

When land which has lain unenclosed is enclosed the owner

thereof, before he join to any partition fence, already erected,

Oklahoma Statutes - Title 4. Animals Page 37

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.
Okla. Stat. tit. 4, § 4-508 — OK Code / Title 4 / Section 4-508
Exemptions
Status: in_force

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.

Oklahoma Statutes - Title 4. Animals Page 68

However, unclaimed animals must be destroyed by an acceptable,

humane method.
Okla. Stat. tit. 4, § 4-85.6 — OK Code / Title 4 / Section 4-85.6
Sale of unclaimed animals
Status: in_force

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.
Okla. Stat. tit. 4, § 4-85.5 — OK Code / Title 4 / Section 4-85.5
Duties of peace officer
Status: in_force

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

Oklahoma Statutes - Title 4. Animals Page 28

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

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.
Okla. Stat. tit. 4, § 4-85.10 — OK Code / Title 4 / Section 4-85.10
Duty to feed and care for estrays
Status: in_force

Any person taking up an estray as hereinbefore provided shall

feed and care for said estray.
Okla. Stat. tit. 4, § 4-45 — OK Code / Title 4 / Section 4-45
Certificate of registration for certain dogs required -
Status: in_force

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.

Oklahoma Statutes - Title 4. Animals Page 23

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.
Okla. Stat. tit. 4, § 4-142 — OK Code / Title 4 / Section 4-142
Fence repair
Status: in_force

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.
Okla. Stat. tit. 4, § 4-85.13 — OK Code / Title 4 / Section 4-85.13
Claim to ownership of exotic livestock under this chapter
Status: in_force

- 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.
Okla. Stat. tit. 4, § 4-85.12 — OK Code / Title 4 / Section 4-85.12
Jurisdiction to settle disputes and claims
Status: in_force

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

Oklahoma Statutes - Title 4. Animals Page 30

division of the district court in the county where estray is located

shall have jurisdiction to adjudicate the matter, as well as

determine claims between more than one person who claim ownership of

the estray.
Okla. Stat. tit. 4, § 4-502 — OK Code / Title 4 / Section 4-502
Denatured sodium pentobarbital - Method of administration –
Status: in_force

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:

Oklahoma Statutes - Title 4. Animals Page 66

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.
Okla. Stat. tit. 4, § 4-141 — OK Code / Title 4 / Section 4-141
Fence viewers - Number - Qualifications - Appointment -
Status: in_force

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

Oklahoma Statutes - Title 4. Animals Page 36

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.
Okla. Stat. tit. 4, § 4-139 — OK Code / Title 4 / Section 4-139
Controversy over partition fence - Application to fence
Status: in_force

viewers - Notice - Authority of viewers.

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.
Okla. Stat. tit. 4, § 4-268 — OK Code / Title 4 / Section 4-268
Fraudulent branding - Branding over or obliterating
Status: in_force

previous brand - Penalties - Definitions.

Oklahoma Statutes - Title 4. Animals Page 53

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 Class C2 felony offense 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; Laws 2025, c. 486, § 201,

eff. Jan. 1, 2026.

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.
Okla. Stat. tit. 4, § 4-499.9 — OK Code / Title 4 / Section 4-499.9
Construction of act
Status: in_force

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.
Okla. Stat. tit. 4, § 4-251 — OK Code / Title 4 / Section 4-251
Duties of parties butchering stock or purchasing hides - Records - Retention of hides for
Status: in_force

Oklahoma Statutes - Title 4. Animals Page 4

Oklahoma Statutes - Title 4. Animals Page 5Records - 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

Oklahoma Statutes - Title 4. Animals Page 52

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.
Okla. Stat. tit. 4, § 4-140 — OK Code / Title 4 / Section 4-140
Repair or reconstruction of fence by complainant - Recovery
Status: in_force

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.
Okla. Stat. tit. 4, § 4-201.6 — OK Code / Title 4 / Section 4-201.6
Transfer of lien due to sale
Status: in_force

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.

Oklahoma Statutes - Title 4. Animals Page 49

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.
Okla. Stat. tit. 4, § 4-85.7 — OK Code / Title 4 / Section 4-85.7
Adverse claimants
Status: in_force

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.
Okla. Stat. tit. 4, § 4-151 — OK Code / Title 4 / Section 4-151
Additional powers of fence viewers
Status: in_force

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.
Okla. Stat. tit. 4, § 4-398 — OK Code / Title 4 / Section 4-398
Obtaining dogs from other sources
Status: in_force

Nothing in this act shall be construed to affect the right of an

institution to obtain dogs from sources other than dog pounds.
Okla. Stat. tit. 4, § 4-401 — OK Code / Title 4 / Section 4-401
Misdemeanors
Status: in_force

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.
Okla. Stat. tit. 4, § 4-402 — OK Code / Title 4 / Section 4-402
Partial invalidity
Status: in_force

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 effect without the invalid provision or application, and to

this end the provisions of this act are declared to be severable.
Okla. Stat. tit. 4, § 4-156 — OK Code / Title 4 / Section 4-156
Lien of judgment for damages on trespassing stock -
Status: in_force

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.
Okla. Stat. tit. 4, § 4-501 — OK Code / Title 4 / Section 4-501
Disposal of animals kept for pleasure - Method
Status: in_force

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

Oklahoma Statutes - Title 4. Animals Page 65

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.
Okla. Stat. tit. 4, § 4-143 — OK Code / Title 4 / Section 4-143
Commons - Owners not required to fence - Lands enclosed or
Status: in_force

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 commons, he shall contribute to the partition fences as in this

article provided.

R.L. 1910, § 161.
Okla. Stat. tit. 4, § 4-193 — OK Code / Title 4 / Section 4-193
Lien for keeping, boarding or training animal - Scope
Status: in_force

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.

Oklahoma Statutes - Title 4. Animals Page 41
Okla. Stat. tit. 4, § 4-152 — OK Code / Title 4 / Section 4-152
Erection and removal of line fence
Status: in_force

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

Oklahoma Statutes - Title 4. Animals Page 39

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.
Okla. Stat. tit. 4, § 4-194.1 — OK Code / Title 4 / Section 4-194.1
Foreclosure of lien upon a domestic animal
Status: in_force

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

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:

Oklahoma Statutes - Title 4. Animals Page 42

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.

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

Oklahoma Statutes - Title 4. Animals Page 43

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)

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.
Okla. Stat. tit. 4, § 4-704 — OK Code / Title 4 / Section 4-704
Transfer to animal shelter
Status: in_force

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.
Okla. Stat. tit. 4, § 4-150.1 — OK Code / Title 4 / Section 4-150.1
Property line across an existing boundary or division
Status: in_force

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

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.Oklahoma Statutes - Title 4. Animals Page 3
Okla. Stat. tit. 4, § 4-499 — OK Code / Title 4 / Section 4-499
Short title
Status: in_force

Sections 1 through 11 of this act shall be known and may be

cited as the "Dog and Cat Sterilization Act".
Okla. Stat. tit. 4, § 4-394 — OK Code / Title 4 / Section 4-394
Delivery of animals on demand – Municipal ordinances
Status: in_force

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:

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.

Oklahoma Statutes - Title 4. Animals Page 59Oklahoma Statutes - Title 4. Animals Page 6
Okla. Stat. tit. 4, § 4-499.7 — OK Code / Title 4 / Section 4-499.7
Disposition of forfeited funds - Record of accounts
Status: in_force

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.
Okla. Stat. tit. 4, § 4-399 — OK Code / Title 4 / Section 4-399
Rules and regulations - Inspections and investigations
Status: in_force

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.

Oklahoma Statutes - Title 4. Animals Page 60

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.
Okla. Stat. tit. 4, § 4-41 — OK Code / Title 4 / Section 4-41
Animals chasing or injuring livestock - Right to kill -
Status: in_force

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

Oklahoma Statutes - Title 4. Animals Page 17

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.

Oklahoma Statutes - Title 4. Animals Page 18

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.
Okla. Stat. tit. 4, § 4-31 — OK Code / Title 4 / Section 4-31
Breeding certificates - Duty to furnish - Contents - Form
Status: in_force

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.
Okla. Stat. tit. 4, § 4-30.8 — OK Code / Title 4 / Section 4-30.8
Expiration and renewal of license
Status: in_force

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

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.
Okla. Stat. tit. 4, § 4-506 — OK Code / Title 4 / Section 4-506
Municipality not having proper facilities and personnel -
Status: in_force

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.
Okla. Stat. tit. 4, § 4-201 — OK Code / Title 4 / Section 4-201
Proceedings governed by general replevin laws
Status: in_force

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.
Okla. Stat. tit. 4, § 4-391 — OK Code / Title 4 / Section 4-391
Definitions
Status: in_force

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.
Okla. Stat. tit. 4, § 4-30.13 — OK Code / Title 4 / Section 4-30.13
Prohibited conduct - Penalties
Status: in_force

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

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.

Oklahoma Statutes - Title 4. Animals Page 14

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.

I. Any person assessed an administrative or civil penalty may

be required to pay, in addition to the penalty amount and interest

Oklahoma Statutes - Title 4. Animals Page 15

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.
Okla. Stat. tit. 4, § 4-705 — OK Code / Title 4 / Section 4-705
Removal from the state - Penalties
Status: in_force

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.

Each disaster animal, each action or each day a violation continues

may constitute a separate and distinct offense.
Okla. Stat. tit. 4, § 4-201.4 — OK Code / Title 4 / Section 4-201.4
Perfection of lien
Status: in_force

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.
Okla. Stat. tit. 4, § 4-133 — OK Code / Title 4 / Section 4-133
Stock "owner" defined
Status: in_force

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.
Okla. Stat. tit. 4, § 4-703 — OK Code / Title 4 / Section 4-703
Holding periods
Status: in_force

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

Oklahoma Statutes - Title 4. Animals Page 71

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

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

Oklahoma Statutes - Title 4. Animals Page 72

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.
Okla. Stat. tit. 4, § 4-43 — OK Code / Title 4 / Section 4-43
Counties over 200,000 population - Regulation and control of
Status: in_force

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

Oklahoma Statutes - Title 4. Animals Page 21

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.
Okla. Stat. tit. 4, § 4-341 — OK Code / Title 4 / Section 4-341
Livestock shippers - Right to furnish feed
Status: in_force

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.
Okla. Stat. tit. 4, § 4-46 — OK Code / Title 4 / Section 4-46
Muzzle and restraint of certain dogs required - Local
Status: in_force

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.Oklahoma Statutes - Title 4. Animals Page 2
Okla. Stat. tit. 4, § 4-47 — OK Code / Title 4 / Section 4-47
Confiscation of dangerous dog - Purpose of act - Other
Status: in_force

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

Oklahoma Statutes - Title 4. Animals Page 24

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.
Okla. Stat. tit. 4, § 4-144 — OK Code / Title 4 / Section 4-144
Severalty owned lands enclosed in common without partition
Status: in_force

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.
Okla. Stat. tit. 4, § 4-30.5 — OK Code / Title 4 / Section 4-30.5
Application for licensure - Inspection of applicant
Status: in_force

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.
Okla. Stat. tit. 4, § 4-98 — OK Code / Title 4 / Section 4-98
Restraint of all domestic animals - Damages for trespass
Status: in_force

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 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.
Okla. Stat. tit. 4, § 4-503 — OK Code / Title 4 / Section 4-503
Carbon monoxide - Administration
Status: in_force

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.
Okla. Stat. tit. 4, § 4-85.1 — OK Code / Title 4 / Section 4-85.1
Definitions
Status: in_force

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.
Okla. Stat. tit. 4, § 4-701 — OK Code / Title 4 / Section 4-701
Short title - Care and Disposition of Disaster Animals Act
Status: in_force

This act shall be known and may be cited as the "Care and

Disposition of Disaster Animals Act".
Okla. Stat. tit. 4, § 4-191 — OK Code / Title 4 / Section 4-191
Lien for feeding, grazing and herding
Status: in_force

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.
Okla. Stat. tit. 4, § 4-392 — OK Code / Title 4 / Section 4-392
Application and issuance of license
Status: in_force

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

Oklahoma Statutes - Title 4. Animals Page 58

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.
Okla. Stat. tit. 4, § 4-395 — OK Code / Title 4 / Section 4-395
Transportation of dogs - Purposes for which used
Status: in_force

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.
Okla. Stat. tit. 4, § 4-150 — OK Code / Title 4 / Section 4-150
Fence or improvements on land of another - When not
Status: in_force

removable.

Oklahoma Statutes - Title 4. Animals Page 38

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.
Okla. Stat. tit. 4, § 4-85.11 — OK Code / Title 4 / Section 4-85.11
Penalties
Status: in_force

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, a Class D3 felony offense, and shall be punished by

imprisonment as provided for in subsections B through F of Section

20P of Title 21 of the Oklahoma Statutes.
Okla. Stat. tit. 4, § 4-201.11 — OK Code / Title 4 / Section 4-201.11
Preference - Owners right to be paid
Status: in_force

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.
Okla. Stat. tit. 4, § 4-30.12 — OK Code / Title 4 / Section 4-30.12
Annual health records
Status: in_force

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.
Okla. Stat. tit. 4, § 4-707 — OK Code / Title 4 / Section 4-707
Enforcement
Status: in_force

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.
Okla. Stat. tit. 4, § 4-201.3 — OK Code / Title 4 / Section 4-201.3
Livestock lien - Existence - Validity
Status: in_force

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.

Oklahoma Statutes - Title 4. Animals Page 48

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.
Okla. Stat. tit. 4, § 4-393 — OK Code / Title 4 / Section 4-393
Expiration and renewal of licenses
Status: in_force

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.
Okla. Stat. tit. 4, § 4-499.8 — OK Code / Title 4 / Section 4-499.8
Adoption standards
Status: in_force

Oklahoma Statutes - Title 4. Animals Page 64

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.
Okla. Stat. tit. 4, § 4-499.10 — OK Code / Title 4 / Section 4-499.10
Failure to comply with act
Status: in_force

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.
Okla. Stat. tit. 4, § 4-195 — OK Code / Title 4 / Section 4-195
Letting male animals to service - Advertisement of terms -
Status: in_force

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.
Okla. Stat. tit. 4, § 4-201.7 — OK Code / Title 4 / Section 4-201.7
Lien priority
Status: in_force

Except for a permitted lien, an owner’s lien takes priority over

any other lien, whether arising by contract, law, equity or

otherwise.
Okla. Stat. tit. 4, § 4-30.2 — OK Code / Title 4 / Section 4-30.2
Definitions
Status: in_force

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;

Oklahoma Statutes - Title 4. Animals Page 8

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

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;

Oklahoma Statutes - Title 4. Animals Page 9

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.
Okla. Stat. tit. 4, § 4-499.4 — OK Code / Title 4 / Section 4-499.4
Rules - Sterilization agreement
Status: in_force

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 __________________

Oklahoma Statutes - Title 4. Animals Page 63

(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)
Okla. Stat. tit. 4, § 4-44 — OK Code / Title 4 / Section 4-44
Definitions
Status: in_force

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

Oklahoma Statutes - Title 4. Animals Page 22

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.
Okla. Stat. tit. 4, § 4-504 — OK Code / Title 4 / Section 4-504
Carbon monoxide chambers - Equipment required
Status: in_force

Carbon monoxide chambers shall be equipped with:

1. Internal lighting and a viewport providing direct visual

observation of any animal within the chamber;

Oklahoma Statutes - Title 4. Animals Page 67

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.
Okla. Stat. tit. 4, § 4-30.3 — OK Code / Title 4 / Section 4-30.3
Enforcement of act
Status: in_force

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.
Okla. Stat. tit. 4, § 4-42.4 — OK Code / Title 4 / Section 4-42.4
Owners of dangerous dogs, bite or attacks on public
Status: in_force

property - Penalty.

A. It is unlawful for the owner of any dog that previously has:

Oklahoma Statutes - Title 4. Animals Page 20

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 this title.

B. The owner of any dangerous dog as defined by Section 44 of

this title, 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 Class D1 felony offense

punishable by imprisonment as provided for in subsections B through

F of Section 20N of Title 21 of the Oklahoma Statutes, 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

Class D1 felony offense punishable by imprisonment as provided for

in subsections B through F of Section 20N of Title 21 of the

Oklahoma Statutes, 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.
Okla. Stat. tit. 4, § 4-135 — OK Code / Title 4 / Section 4-135
Proceedings after distraint - Assessment of damages -
Status: in_force

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.
Okla. Stat. tit. 4, § 4-149 — OK Code / Title 4 / Section 4-149
Fence or improvements on land of another - Removal -
Status: in_force

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.
Okla. Stat. tit. 4, § 4-42.3 — OK Code / Title 4 / Section 4-42.3
Exceptions to application of act - Existing rights and
Status: in_force

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.
Okla. Stat. tit. 4, § 4-499.5 — OK Code / Title 4 / Section 4-499.5
Extension of time to spay or neuter
Status: in_force

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.
Okla. Stat. tit. 4, § 4-30.14 — OK Code / Title 4 / Section 4-30.14
State disclosure duties
Status: in_force

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.
Okla. Stat. tit. 4, § 4-602 — OK Code / Title 4 / Section 4-602
Pet overpopulation – Gifts, grants and donations -
Status: in_force

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.
Okla. Stat. tit. 4, § 4-42.2 — OK Code / Title 4 / Section 4-42.2
Lawful presence on owner's property, what constitutes -
Status: in_force

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.
Okla. Stat. tit. 4, § 4-201.5 — OK Code / Title 4 / Section 4-201.5
Commingled livestock - Priority
Status: in_force

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 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.
Okla. Stat. tit. 4, § 4-30.9 — OK Code / Title 4 / Section 4-30.9
Required information updates
Status: in_force

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.
Okla. Stat. tit. 4, § 4-801 — OK Code / Title 4 / Section 4-801
Public accommodations – Policy to prohibit animals –
Status: in_force

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.

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).

Oklahoma Statutes - Title 4. Animals Page 74

E. Any person who is not an individual with a disability or is

not trained to assist individuals with disabilities, who uses a

service animal in an attempt to gain treatment or benefits as an

individual with a disability shall, upon conviction, be guilty of a

misdemeanor.

F. No person shall knowingly present any animal or therapy

animal as a service animal or intentionally misrepresent entitlement

to an animal in his or her possession as a qualified service animal

for the purpose of obtaining any of the rights or privileges set

forth in state or federal law for an individual with a disability.

Any person who violates this subsection shall, upon conviction, be

guilty of a misdemeanor.
Okla. Stat. tit. 4, § 4-99 — OK Code / Title 4 / Section 4-99
Failure to keep domestic animals enclosed – Penalties
Status: in_force

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 of imprisonment

in the county jail for each offense, or by both such fine and

imprisonment.

B. The provisions of this section shall not apply to domestic

animals that are on a county road designated as an open pasture road

as provided for in Section 1 of this act.

C. For the purpose of this act, the term "domestic animals"

shall not include domestic house pets.
Okla. Stat. tit. 4, § 4-148 — OK Code / Title 4 / Section 4-148
Application of term "owner"
Status: in_force

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.
Okla. Stat. tit. 4, § 4-196 — OK Code / Title 4 / Section 4-196
Filing of certificate of service - Lien on offspring -
Status: in_force

Notice to third parties - Lien without certificate.

Oklahoma Statutes - Title 4. Animals Page 44

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

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.
Okla. Stat. tit. 4, § 4-499.6 — OK Code / Title 4 / Section 4-499.6
Death of adopted animal - Refund of deposited funds
Status: in_force

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.
Okla. Stat. tit. 4, § 4-155 — OK Code / Title 4 / Section 4-155
Damages by animals breaking fences - Seizure
Status: in_force

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

Oklahoma Statutes - Title 4. Animals Page 40

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.
Okla. Stat. tit. 4, § 4-499.2 — OK Code / Title 4 / Section 4-499.2
Spaying or neutering as condition for release of certain
Status: in_force

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).
Okla. Stat. tit. 4, § 4-270.2 — OK Code / Title 4 / Section 4-270.2
Enforcement of laws pertaining to livestock brands
Status: in_force

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.
Okla. Stat. tit. 4, § 4-499.1 — OK Code / Title 4 / Section 4-499.1
Definitions
Status: in_force

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.
Okla. Stat. tit. 4, § 4-499.3 — OK Code / Title 4 / Section 4-499.3
Refund of deposit upon proof of spaying or neutering
Status: in_force

Oklahoma Statutes - Title 4. Animals Page 62

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.
Okla. Stat. tit. 4, § 4-702 — OK Code / Title 4 / Section 4-702
Definitions
Status: in_force

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 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;

Oklahoma Statutes - Title 4. Animals Page 70

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.
Okla. Stat. tit. 4, § 4-201.8 — OK Code / Title 4 / Section 4-201.8
Applicability of act
Status: in_force

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.
Okla. Stat. tit. 4, § 4-153 — OK Code / Title 4 / Section 4-153
Legal proceedings or agreement not barred
Status: in_force

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.
Okla. Stat. tit. 4, § 4-30.15 — OK Code / Title 4 / Section 4-30.15
Limitations
Status: in_force

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.
Okla. Stat. tit. 4, § 4-85.2 — OK Code / Title 4 / Section 4-85.2
Estrays
Status: in_force

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.
Okla. Stat. tit. 4, § 4-30.4 — OK Code / Title 4 / Section 4-30.4
Licensure
Status: in_force

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,

Oklahoma Statutes - Title 4. Animals Page 10

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.
Okla. Stat. tit. 4, § 4-342 — OK Code / Title 4 / Section 4-342
Refusal to permit lessees of pens to furnish feed -
Status: in_force

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.
Okla. Stat. tit. 4, § 4-32 — OK Code / Title 4 / Section 4-32
Refusal to furnish certificate - Penalty
Status: in_force

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).
Okla. Stat. tit. 4, § 4-145 — OK Code / Title 4 / Section 4-145
Opening field for use as commons - Notice
Status: in_force

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.
Okla. Stat. tit. 4, § 4-116 — OK Code / Title 4 / Section 4-116
Open pasture road designation
Status: in_force

A. As used in this section:

1. "Cattle crossing signage" means a sign in a twenty-four (24)

inch diamond shape that depicts a black cow graphic on a yellow

background; and

2. "Open pasture road" means a road maintained by a county;

land on both sides of the road is owned by the same owner; and a

roadway without fencing.

B. Any public road, as defined in Section 232 of Title 69 of

the Oklahoma Statutes, in whole or in part, that is maintained by a

county and that meets the following conditions by November 1, 2025,

shall be designated as an open pasture road:

1. Cattle guards have been installed at the access points of

such road or part thereof;

2. The land on either side of the road or part thereof to be

designated is owned by a single party; and

3. There is no fencing erected on such land on either side of

the road.

It shall be the responsibility of the property owner to notify

the board of county commissioners that the roadway is eligible to be

designated as an open pasture road. Such notification shall state

Oklahoma Statutes - Title 4. Animals Page 33

the proposed action and clearly show on a map the location and

terminals of the road. The map shall also demonstrate that the

property where the road is located belongs to the property owner

requesting such designation.

C. The board of county commissioners shall cause the erection

of cattle crossing signage at the terminals of the open pasture

road. The cost associated with such signage shall be provided by

the property owner requesting such designation.

D. Neither the property owner nor the owner of livestock that

are on property where an open pasture road is located shall be

liable for damages to any motor vehicle or occupants thereof caused

by collision with livestock on a designated open pasture road.

E. Only a public road meeting the requirements of subsection B

of this section on November 1, 2025, may be designated as an open

pasture road. After such date, even if conditions on a property

change to meet the requirements of subsection B of this section,

such property may not be designated as an open pasture road.

F. Once annually, the owner of a property where an open pasture

road is located shall provide notice to the board of county

commissioners demonstrating that the property continues to meet the

requirements of subsection B of this section. Such notice shall

also include an indication that the property owner desires such

designation to continue. If such property owner indicates that they

no longer desire for such designation to continue, or if the notice

demonstrates that the property no longer meets any of the conditions

required by subsection B of this section, the road shall lose the

designation and the owner of such property shall have thirty (30)

days after the board of county commissioners receives such notice to

ensure any livestock on the property are fenced out of the roadway.
Okla. Stat. tit. 4, § 4-269 — OK Code / Title 4 / Section 4-269
Destruction of cattle hides or brands a misdemeanor
Status: in_force

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.
Okla. Stat. tit. 4, § 4-200 — OK Code / Title 4 / Section 4-200
Judgment
Status: in_force

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.
Okla. Stat. tit. 4, § 4-30.1 — OK Code / Title 4 / Section 4-30.1
Commercial Pet Breeders and Animal Shelter Licensing Act
Status: in_force

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.
Okla. Stat. tit. 4, § 4-154 — OK Code / Title 4 / Section 4-154
Lawful fence - Construction - Material - Height -
Status: in_force

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

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.
Okla. Stat. tit. 4, § 4-85.4 — OK Code / Title 4 / Section 4-85.4
Rights and duties of taker-up
Status: in_force

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.
Okla. Stat. tit. 4, § 4-42.1 — OK Code / Title 4 / Section 4-42.1
Personal injury by dog - Liability of owner
Status: in_force

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.
Okla. Stat. tit. 4, § 4-511 — OK Code / Title 4 / Section 4-511
Definitions
Status: in_force

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.
Okla. Stat. tit. 4, § 4-507 — OK Code / Title 4 / Section 4-507
Violation of act as nuisance - Injunction - Abatement
Status: in_force

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.
Okla. Stat. tit. 4, § 4-136 — OK Code / Title 4 / Section 4-136
Assessment of damages - Filing - Review - Bond -
Status: in_force

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

Oklahoma Statutes - Title 4. Animals Page 35

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.
Okla. Stat. tit. 4, § 4-30.6 — OK Code / Title 4 / Section 4-30.6
Requirements for licensure
Status: in_force

Oklahoma Statutes - Title 4. Animals Page 11

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

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.
Okla. Stat. tit. 4, § 4-198 — OK Code / Title 4 / Section 4-198
False or fictitious pedigree - False representation of
Status: in_force

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.
Okla. Stat. tit. 4, § 4-132 — OK Code / Title 4 / Section 4-132
Removal of stock from distraint without leave of possessor
Status: in_force

- 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

Oklahoma Statutes - Title 4. Animals Page 34

relieved from distraint, or for damages and costs, as the party

distraining may elect.

R.L. 1910, § 150.
Okla. Stat. tit. 4, § 4-147 — OK Code / Title 4 / Section 4-147
Recorded fence division - Effect on owners and successors
Status: in_force

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.

R.L. 1910, § 165.
Okla. Stat. tit. 4, § 4-85.3 — OK Code / Title 4 / Section 4-85.3
Taking up by landowner or lessee - Investigation -
Status: in_force

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

Oklahoma Statutes - Title 4. Animals Page 27

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.
Okla. Stat. tit. 4, § 4-201.10 — OK Code / Title 4 / Section 4-201.10
Lien expiration - Commencement of action
Status: in_force

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

Oklahoma Statutes - Title 4. Animals Page 50

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 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.
Okla. Stat. tit. 4, § 4-400 — OK Code / Title 4 / Section 4-400
Interpretation and construction of law
Status: in_force

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.
Okla. Stat. tit. 4, § 4-201.1 — OK Code / Title 4 / Section 4-201.1
Short title
Status: in_force

Sections 2 through 12 of this act shall be known and may be

cited as the "Livestock Owner’s Lien Act of 2011".
Okla. Stat. tit. 4, § 4-192 — OK Code / Title 4 / Section 4-192
Lien for furnishing feed
Status: in_force

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.
Okla. Stat. tit. 4, § 4-351 — OK Code / Title 4 / Section 4-351
Driver of vehicle carrying livestock, domestic fowls or
Status: in_force

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 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.
Okla. Stat. tit. 4, § 4-197 — OK Code / Title 4 / Section 4-197
Record of certificates - Compensation of register of deeds
Status: in_force

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.
Okla. Stat. tit. 4, § 4-134 — OK Code / Title 4 / Section 4-134
Land "owner" defined
Status: in_force

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.
Okla. Stat. tit. 4, § 4-397 — OK Code / Title 4 / Section 4-397
Revocation of licenses
Status: in_force

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

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.
Okla. Stat. tit. 4, § 4-512 — OK Code / Title 4 / Section 4-512
Seizure of abandoned or neglected animals - Divestment of
Status: in_force

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.
Okla. Stat. tit. 4, § 4-201.9 — OK Code / Title 4 / Section 4-201.9
Prohibition of waiver, relinquishment, or release of
Status: in_force

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 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.
Okla. Stat. tit. 4, § 4-199 — OK Code / Title 4 / Section 4-199
Enforcement of lien by replevin
Status: in_force

For the purpose of enforcing such lien upon default in the

payment of the sum secured, the lienor may proceed by replevin in

Oklahoma Statutes - Title 4. Animals Page 45

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.
Okla. Stat. tit. 4, § 4-30.16 — OK Code / Title 4 / Section 4-30.16
Appropriation of funds
Status: in_force

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. 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

Oklahoma Statutes - Title 4. Animals Page 16

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.