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