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.
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 thereon, attorney fees and costs associated with the collection of the penalties.
J. If any person refuses, denies or interferes with any right of access, the Board shall have the right to apply to and obtain from a district court an administrative or other warrant as necessary to enforce the right of access and inspection.
Added by Laws 2012, c. 302, § 13, eff. July 1, 2012. Amended by Laws 2013, c. 289, § 12.
Structure Oklahoma Statutes
§4-30.1. Commercial Pet Breeders and Animal Shelter Licensing Act.
§4-30.5. Application for licensure - Inspection of applicant.
§4-30.6. Requirements for licensure.
§4-30.7. Revocation or suspension of license.
§4-30.8. Expiration and renewal of license.
§4-30.9. Required information updates.
§4-30.10. Disclosure of license.
§4-30.11. Annual report filings.
§4-30.12. Annual health records.
§4-30.13. Prohibited conduct - Penalties.
§4-30.14. State disclosure duties.
§4-30.16. Appropriation of funds.
§4-31. Breeding certificates - Duty to furnish - Contents - Form.
§4-32. Refusal to furnish certificate - Penalty.
§4-42.1. Personal injury by dog - Liability of owner.
§4-42.2. Lawful presence on owner's property, what constitutes - Public place, what is.
§4-42.3. Exceptions to application of act - Existing rights and liabilities.
§4-42.4. Owners of dangerous dogs, bite or attacks on public property - Penalty.
§4-45. Certificate of registration for certain dogs required - Exemption - Fee.
§4-47. Confiscation of dangerous dog - Purpose of act - Other remedies.
§4-85.3. Taking up by landowner or lessee - Investigation - Reports.
§4-85.4. Rights and duties of taker-up.
§4-85.5. Duties of peace officer.
§4-85.6. Sale of unclaimed animals.
§4-85.10. Duty to feed and care for estrays.
§4-85.12. Jurisdiction to settle disputes and claims.
§4-85.13. Claim to ownership of exotic livestock under this chapter - Conditions.
§4-98. Restraint of all domestic animals - Damages for trespass.
§4-99. Failure to keep domestic animals enclosed – Penalties.
§4-132. Removal of stock from distraint without leave of possessor - Penalty - Civil liability.
§4-133. Stock "owner" defined.
§4-135. Proceedings after distraint - Assessment of damages - Notices - Sale - Surplus.
§4-141. Fence viewers - Number - Qualifications - Appointment - Compensation.
§4-145. Opening field for use as commons - Notice.
§4-146. Joinder to partition fence - Payment for or rebuilding of half of fence.
§4-147. Recorded fence division - Effect on owners and successors.
§4-148. Application of term "owner".
§4-150. Fence or improvements on land of another - When not removable.
§4-151. Additional powers of fence viewers.
§4-152. Erection and removal of line fence.
§4-153. Legal proceedings or agreement not barred.
§4-154. Lawful fence - Construction - Material - Height - Tightening.
§4-155. Damages by animals breaking fences - Seizure.
§4-156. Lien of judgment for damages on trespassing stock - Execution.
§4-191. Lien for feeding, grazing and herding.
§4-192. Lien for furnishing feed.
§4-193. Lien for keeping, boarding or training animal - Scope.
§4-194.1. Foreclosure of lien upon a domestic animal.
§4-197. Record of certificates - Compensation of register of deeds.
§4-199. Enforcement of lien by replevin.
§4-201. Proceedings governed by general replevin laws.
§4-201.3. Livestock lien - Existence - Validity.
§4-201.5. Commingled livestock - Priority.
§4-201.6. Transfer of lien due to sale.
§4-201.8. Applicability of act.
§4-201.9. Prohibition of waiver, relinquishment, or release of lien.
§4-201.10. Lien expiration - Commencement of action.
§4-201.11. Preference - Owners right to be paid.
§4-269. Destruction of cattle hides or brands a misdemeanor.
§4-270.2. Enforcement of laws pertaining to livestock brands.
§4-341. Livestock shippers - Right to furnish feed.
§4-342. Refusal to permit lessees of pens to furnish feed - Penalties.
§4-392. Application and issuance of license.
§4-393. Expiration and renewal of licenses.
§4-395. Transportation of dogs - Purposes for which used.
§4-396. Return of dogs subsequently claimed - Immunity from liability.
§4-397. Revocation of licenses.
§4-398. Obtaining dogs from other sources.
§4-399. Rules and regulations - Inspections and investigations.
§4-400. Interpretation and construction of law.
§4-499.2. Spaying or neutering as condition for release of certain animals.
§4-499.3. Refund of deposit upon proof of spaying or neutering.
§4-499.4. Rules - Sterilization agreement.
§4-499.5. Extension of time to spay or neuter.
§4-499.6. Death of adopted animal - Refund of deposited funds.
§4-499.7. Disposition of forfeited funds - Record of accounts.
§4-499.9. Construction of act.
§4-499.10. Failure to comply with act.
§4-501. Disposal of animals kept for pleasure - Method.
§4-503. Carbon monoxide - Administration.
§4-504. Carbon monoxide chambers - Equipment required.
§4-506. Municipality not having proper facilities and personnel - Manner of disposal.
§4-507. Violation of act as nuisance - Injunction - Abatement.
§4-512. Seizure of abandoned or neglected animals - Divestment of ownership.
§4-602. Pet overpopulation – Gifts, grants and donations - Programs.
§4-701. Short title - Care and Disposition of Disaster Animals Act.
§4-704. Transfer to animal shelter.
§4-705. Removal from the state - Penalties.
§4-706. Application and construction of act.
§4-801. Public accommodations – Policy to prohibit animals – Service animal exception.