Oklahoma Criminal Summary as of 09.19.2013

OKLAHOMA ANIMAL CRUELTY LAWS

Katherine Sholl

Introduction

The criminal animal cruelty laws for the state of Oklahoma can be found primarily within

Title 21 of the Oklahoma Statutes Annotated, Crimes and Punishments, Part VII: Crimes Against

Property, Chapter 67: Injuries to Animals. This act is known as the Animal Facilities Protection

Act. OK ST T. 21 §1680. The main focus of this act is the prohibition of animal cruelty and

animal fighting. Animal cruelty in Oklahoma is defined as the willful or malicious torturing,

destruction or killing of an animal. This also includes cruelly beating, injuring, maiming or

mutilating an animal, regardless of whether it is wild or tame or whether it belongs to the person

perpetrating the violence or someone else. In addition, the deprivation of necessary food, drink,

shelter or veterinary care to prevent suffering to an animal is also considered animal cruelty.

Animal cruelty carries a felony charge and can be punished by imprisonment in the state

penitentiary for a term not exceeding five years, imprisonment in the county jail for a term not

exceeding one year or by a fine not exceeding five thousand dollars.

With respect to the animal fighting provisions, it is a misdemeanor to maliciously

instigate or encourage a fight between animals or to instigate or encourage any animal to attack,

bite, wound or worry another. The animal fighting provisions are further broken down into

cockfighting provisions and dogfighting provisions. Cockfighting is defined as a fight between

birds, whether or not fitted with spurs, knives or gaffs, that may or may not have been bet upon

and includes any training fight in which birds are encouraged to attack or fight with one another.

It is unlawful to instigate or encourage a cockfight, keep a place for such a fight or equipment for

use in such fights, holding a cockfight, owning or training a bird to engage in fighting, or to

intentionally and knowingly watch a cockfight. A conviction under the cockfighting provisions

carries a felony sentence which can include imprisonment of not less than one year to not more

than ten years or a fine of not less than two thousand dollars to not more than twenty-five

thousand dollars or both. Dogfighting is defined as a fight between any dog trained, being

trained, intended to be used for training or intended to be used to attack, bite, wound or worry

another dog and another dog. It is unlawful to instigate or encourage a dogfight, to keep a place

for such a fight or equipment for dogfight training, holding a dogfight, owning or training a dog

to engage in fighting, or to knowingly and intentionally observe a dogfight. A conviction under

the dogfighting provisions carries a felony sentence which can include imprisonment of not less

than one year to not more than ten years or a fine of not less than two thousand dollars to not

more than twenty-five thousand dollars or both.

In addition, the state of Oklahoma also includes provisions within the Animal Facilities

Protection Act for abandoning animals and those that are abused and neglected. There is a

Updated as of September 19, 2013

Katherine Sholl produced this document as an undertaking of the George Washington University (GWU) Law

School’s Animal Welfare Project, and worked under the guidance of the Project’s founder and faculty director,

Professor Joan Schaffner. Katherine graduated from Widener University School of Law in 2010.

specific provision for veterinarians that mandates the reporting of suspected animal abuse with a

guarantee of immunity from civil liability. The additional animal laws included within this

document include general dog and cat laws, which specifically target animals that are found

chasing or injuring livestock and liability included in owning a dangerous dog. In Oklahoma,

while certain dogs must be registered and even muzzled or restrained in various situations, there

may not be any breed-specific legislation with respect to dogs. This state has also enacted

provisions for animals used for scientific investigation, specifically those animals that are

unclaimed and being held in the pound for at least fifteen days without a license or at least thirty

days with a license. Violations of this section may result in a misdemeanor conviction. In

addition, the final laws included in this document are those regarding the disposal of animals in

shelters. These laws specifically state the approved methods to be used and the appropriate

equipment that is necessary for killing the animals in shelters.

Overview of Statutory Provisions

1. Cruelty to Animals:

OK ST T. 21 §1680.2. Prohibited acts with regard to certain animal facilities – Penalties –

Exempted acts.

OK ST T. 21 §1680.3. Veterinarian required to report suspected animal abuse – Immunity from

civil liability.

OK ST T. 21 §1680.4. Protective custody of abused or neglected animals – Bond hearing.

OK ST T. 21 §1681. Poisoning animals.

OK ST T. 21 §1685. Cruelty to animals.

2. Animal Fighting:

OK ST T. 21 §1682. Instigating fights between animals.

OK ST T. 21 §1683. Keeping places for fighting animals.

Cockfighting:

OK ST T. 21 §1692.2. Instigating or encouraging cockfight.

OK ST T. 21 §1692.3. Keeping place, equipment or facilities for cockfighting.

OK ST T. 21 §1692.4. Servicing or facilitating cockfight.

OK ST T. 21 §1692.5. Owning, possessing, keeping or training bird for fighting.

OK ST T. 21 §1692.6. Spectators.

OK ST T. 21 §1692.7. Seizure, destruction, or forfeiture of cockfighting equipment or facilities.

OK ST T. 21 §1692.8. Punishment.

OK ST T. 21 §1692.9. Exemption.

Dogfighting:

OK ST T. 21 §1694. Instigating or encouraging dogfight – Felony – Penalty.

OK ST T. 21 §1695. Keeping place, equipment or facilities for dogfighting – Felony – Penalty.

OK ST T. 21 §1696. Servicing or facilitating dogfight – Felony – Penalty.

Updated as of August 7, 2013

OK ST T. 21 §1697. Owning, possessing, keeping or training dog for fighting – Felony –

Penalty.

OK ST T. 21 §1698. Spectators.

OK ST T. 21 §1699. Seizure, destruction or forfeiture of dogfighting equipment and facilities.

OK ST T. 21 §1699.1. Punishment.

OK ST T. 21 §1699.2. Exemptions.

3. Miscellaneous:

OK ST T. 21 §1684. Wounding or trapping birds in cemetery.

OK ST T. 21 §1685.1. Greyhounds – Using live animal as lure in training – Penalties.

OK ST T. 21 §1686. Abandoned animals –Euthanasia – Custody of animal following arrest.

OK ST T. 21 §1688. Animals in transit.

OK ST T. 21 §1689. Poisonous drugs, unjustifiable administration of.

OK ST T. 21 §1691. Abandoning of domestic animals along streets or highways or in any public

place prohibited.

OK ST T. 21 §1692. Penalty.

OK ST T. 21 §1700. Bear wrestling – Horse tripping.

OK ST T. 4 §512. Seizure of abandoned or neglected animals--Divestment of ownership.

4. Dog and Cat Laws, Generally:

OK ST T. 4 §41. Animals chasing or injuring livestock--Right to kill--Liability of owner--Court

proceedings—Definitions.

OK ST T. 4 §42.4. Owners of dangerous dogs, bite or attacks on public property—penalty.

OK ST T. 4 §43. Counties over 200,000 population--Regulation and control of dogs running at

large—Penalties.

Dangerous Dogs:

OK ST T. 4 §44. Definitions.

OK ST T. 4 §45. Certificate of registration for certain dogs required--Exemption—Fee.

OK ST T. 4 §46. Muzzle and restraint of certain dogs required--Local regulation of dangerous

dogs--Dogs not to be declared dangerous.

OK ST T. 4 §47. Confiscation of dangerous dog--Purpose of act--Other remedies.

5. Animal Use for Scientific Investigation:

OK ST T. 4 §391. Definitions.

OK ST T. 4 §392. Application and issuance of license.

OK ST T. 4 §393. Expiration and renewal of licenses.

OK ST T. 4 §394. Delivery of animals on demand--Municipal ordinances relating to

impoundment and scientific research.

OK ST T. 4 §395. Transportation of dogs--Purposes for which used.

OK ST T. 4 §396. Return of dogs subsequently claimed--Immunity from liability.

OK ST T. 4 §397. Revocation of licenses.

OK ST T. 4 §398. Obtaining dogs from other sources.

Updated as of September 19, 2013

OK ST T. 4 §399. Rules and regulations--Inspections and investigations.

OK ST T. 4 §400. Interpretation and construction of law.

OK ST T. 4 §401. Misdemeanors.

OK ST T. 4 §402. Partial invalidity.

6. Disposal of Animals in Shelters:

OK ST T. 4 §501. Disposal of animals kept for pleasure—Method.

OK ST T. 4 §502. Denatured sodium pentobarbital--Method of administration--Possession and

purchase by certified animal euthanasia technician.

OK ST T. 4 §503. Carbon monoxide—Administration.

OK ST T. 4 §504. Carbon monoxide chambers--Equipment required.

OK ST T. 4 §506. Municipality not having proper facilities and personnel--Manner of disposal.

OK ST T. 4 §507. Violation of act as nuisance--Injunction—Abatement.

OK ST T. 4 §508. Exemptions.

Updated as of August 7, 2013

1. CRUELTY TO ANIMALS

OK ST T. 21 §1680.2. Prohibited acts with regard to certain animal facilities--Penalties--

Exempted acts.

A. No person

shall, without the effective consent

of the owner

and with intent to damage the

enterprise conducted at the animal facility

1. Damage, destroy or remove an animal facility or any property or animal

in or on an animal

facility;

2. Acquire or otherwise exercise control over an animal facility, an animal or other property from

an animal facility, with the intent to deprive the owner of such facility, animal or property;

3. Enter an animal facility, not open to the public, with intent to commit an act prohibited by this

section;

4. Enter an animal facility and commit or attempt to commit an act prohibited by this section;

5. Remain concealed in an animal facility, with intent to commit or attempt to commit an act

prohibited by this section;

6. Enter or remain on an animal facility when the person has notice that entry is forbidden by any

of the following:

Updated as of September 19, 2013

OK ST T. 21 §1680.1. Definitions.

3. “Person” means any individual, state agency, corporation, association, nonprofit corporation, joint stock company,

firm, trust, partnership, two or more persons having a common interest, or other legal entity;

OK ST T. 21 §1680.1. Definitions.

6. “Effective consent” means consent by the owner or a person legally authorized to act for the owner. Consent is

not effective if induced or given by force or fear; by a person the offender knows is not legally authorized to act for

the owner; or by a person who by reason of youth, mental disease or defect, or influence of drug or alcohol is known

by the offender to be unable to make reasonable decisions.

OK ST T. 21 §1680.1. Definitions.

4. “Owner” means a person who has title to the property, possession of the property, or a greater right to the

possession of the animal or property than another person;

5. “Possession” means actual care, custody, control or management;

OK ST T. 21 §1680.1. Definitions.

2. “Animal facility” means any vehicle, building, structure, farm, ranch or other premises where an animal is kept,

handled, transported, housed, exhibited, bred, offered for sale or used in any lawful scientific test, experiment,

investigation or educational training;

OK ST T. 21 §1680.1. Definitions.

1. “Animal” means any mammal, bird, fish, reptile or invertebrate, including wild and domesticated species, other

than a human being;

a. written or oral communication with the owner or a person with apparent authority to act for the

owner,

b. fencing or other enclosure obviously designed to exclude intruders or contain animals, or

c. a sign or signs posted on the property or at the entrance to the building, indicating that

unauthorized entry is forbidden; and

7. Release any animal or animals, with intent to deprive the owner of such animal or animal

facility.

B. A violation of any of the provisions in paragraphs 1 through 7 of subsection A of this section

shall be a misdemeanor, upon conviction, punishable by a fine not to exceed Five Thousand

Dollars ($5,000. 00), with full restitution to be paid for any damage to the property, for

replacement of any animals released, and for out-of-pocket expenses incurred as a result of any

violation, or by imprisonment in the county jail for a term not to exceed one (1) year, or by both

such fine and imprisonment.

C. The provisions of this section shall not apply to lawful activities of any governmental agency

or employees or agents thereof carrying out their respective duties under the law or be construed

to conflict with any provision of Section 391 et seq. of Title 4 of the Oklahoma Statutes.

No Applicable Case Law.

OK ST T. 21 § 1680.3. Veterinarian required to report suspected animal abuse--Immunity

from civil liability.

A. A veterinarian shall report suspected cases of animal abuse to a local law enforcement agency

in the county where the veterinarian is practicing within twenty-four (24) hours of any

examination or treatment administered to any animal which the veterinarian reasonably suspects

and believes has been abused. The report shall contain the breed and description of the animal

together with the name and address of the owner.

B. A veterinarian who files a report as provided in this section shall be immune from civil

liability with respect to any report made in good faith.

Updated as of August 7, 2013

4 Okl.St.Ann. §391. Definitions.

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.

No Applicable Case Law.

OK ST T. 21 §1680.4. Protective custody of abused or neglected animals – Bond hearing.

A. The purpose of this section is to provide a means by which any abused or neglected animal, as

described in Section 1685 of Title 21 of the Oklahoma Statutes, may:

1. Be removed from its present custody; or

2. Be made the subject of an order issued to the owner by the appropriate court to provide care to

the animal by the owner of the animal or by another person at a location approved by the court,

with the order setting forth the conditions under which the animal will be housed and cared for,

and given protection and a humane disposition.

B. Any peace officer or animal control officer may:

1. Specify terms and conditions by which the owner or keeper may maintain custody of the

animal at the expense of the owner to provide care for the animal. The specifications shall be

counter-signed by the owner or keeper of the animal. Provided, however, that violation of the

custody agreement of the animal may result in the impoundment of the animal; or

2. Obtain a court order to take custody of any animal found neglected or cruelly treated by

removing the animal from its present location.

C. 1. After an animal has been seized and prior to any charges being filed, the agency that took

custody of the animal shall, within seven (7) days from the date of seizure, petition the district

court in the county in which the animal was seized for a bond hearing to determine the cost and

care for the animal. The bond hearing shall be held as soon as practicable and not more than ten

(10) business days from the date of application for the bond hearing. If the court finds that

probable cause exists that an animal has been abused, the court may order immediate forfeiture

of the animal to the agency that took custody of the animal. Provided, however, within seventy-

two (72) hours of the order of forfeiture, the person owning or having charge or custody of the

animal may post a security bond in an amount determined by the court that is sufficient to

reimburse all reasonable and anticipated costs incurred by the agency caring for the animal from

the date of seizure. Reasonable costs include, but are not limited to, medical care and boarding of

the animal.

2. The bond shall be placed with the agency that took custody of the animal. The agency shall

provide an accounting of expenses to the court when the animal is no longer in the custody of the

agency or upon request by the court. The agency may petition the court for a subsequent bond

hearing at any time. The bond hearing shall be held as soon as practicable and not more than ten

(10) business days from the date of application for the bond hearing. When all expenses covered

Updated as of September 19, 2013

by the bond are exhausted and a subsequent bond has not been posted, the animal shall be

forfeited to the agency.

3. If the animal is returned to the person who previously owned or had charge or custody of the

animal, funds not used for the care of the animal shall be returned.

4. Nothing in this section shall prevent the euthanasia of a seized animal at any time as

determined necessary by a licensed veterinarian of the state.

No Applicable Case Law.

OK ST T. 21 §1681. Poisoning animals.

Any person who willfully administers poison to any animal, the property of another, and every

person who maliciously exposes any poisonous substance with intent that the same shall be taken

by any such animal, shall be guilty of a felony and shall be punishable by imprisonment in the

State Penitentiary not exceeding three (3) years, or in a county jail not exceeding one (1) year, or

by a fine not exceeding Two Hundred Fifty Dollars ($250.00), or by both such fine and

imprisonment.

No Applicable Case Law.

OK ST T. 21 §1685. Cruelty to animals.

Any person who shall willfully or maliciously torture, destroy or kill, or cruelly beat or injure,

maim or mutilate any animal in subjugation or captivity, whether wild or tame, and whether

belonging to the person or to another, or deprive any such animal of necessary food, drink,

shelter, or veterinary care to prevent suffering; or who shall cause, procure or permit any such

animal to be so tortured, destroyed or killed, or cruelly beaten or injured, maimed or mutilated,

or deprived of necessary food, drink, shelter, or veterinary care to prevent suffering; or who shall

willfully set on foot, instigate, engage in, or in any way further any act of cruelty to any animal,

or any act tending to produce such cruelty, shall be guilty of a felony and shall be punished by

imprisonment in the State Penitentiary not exceeding five (5) years, or by imprisonment in the

county jail not exceeding one (1) year, or by a fine not exceeding Five Thousand Dollars

($5,000.00). Any animal so maltreated or abused shall be considered an abused or neglected

animal.

Updated as of August 7, 2013

Applicable Case Law:

DiCesare v. Stuart, 12 F.3d 973 (10th Cir. 1993).

Facts: After receiving a stray horse complaint, two Sheriff deputies investigated and saw three

penned horses and eight lose dogs. Upon returning the next day, they found a dead horse being

eaten by the dogs. They subsequently noticed several additional dead animals on the property.

When the living animals were seized pursuant to a court order, petitioner filed a complaint for

the seizure. The district attorney moved for summary judgment and the motion was granted.

Petitioner appeals.

Holding: Remanded to the lower court. Summary judgment was inappropriately granted because

there were violations of law, including officers entering the property and seizing the animals

without a warrant or consent of the property owner.

King v. State, 130 P.2d 105 (Okla.Crim.App. 1942).

Facts: Defendant was charged with cruelty to animals and appealed on the grounds that the

statute was unconstitutional because punishment of up to five years imprisonment or five

hundred dollar fine was cruel and unusual punishment.

Holding: Affirmed. The purpose of the statute is clear and there is a great deal of discretion in

determining the appropriate penalty based on the act of cruelty.

Grizzle v. State, 707 P.2d 1210 (Okla.Crim.App. 1985).

Facts: After an 11 month old puppy bit the leg of defendant’s son at a party, he shot the dog to

death. Defendant appealed, asserting a claim of self-defense of others.

Holding: Reversed and remanded on the animal cruelty charge. Trial court instructions regarding

defense of another were erroneous.

Laner v. State, 381 P.2d 905 (Okla.Crim.App. 1963).

Facts: After a pack of eleven hunting dogs were let lose to find wild animals, defendant shot

three of the dogs when he saw them following a deer. He was convicted of animal cruelty and

appealed on the grounds that because under OK ST T. 4 §41 any dog found chasing or worrying

sheep, other livestock or poultry, off the premises of the owner of such dogs may be lawfully

Updated as of September 19, 2013

shot,

he was permitted to kill the dogs for chasing the deer and that he had a right to abate under

nuisance law.

Holding: Affirmed. Deer does not fit the definitions of any of the categories of animals listed

under OK ST T. 4 §41.

Brewer v. State, 133 P.3d 892 (Okla.Crim.App. 2006).

Facts: Defendant was involved in a partnership that bought skinny, malnourished horses from a

Navajo reservation with the intent of then bringing then to Oklahoma to graze and gain weight so

the horses could be sold for profit. The individual in charge of ensuring the horses were

adequately fed informed defendant that he could no longer participate but defendant did not

address the matter and the horses began to die, leading to animal cruelty charges against the

defendant. Defendant appealed, alleging prosecutorial misconduct and nondisclosure of

exculpatory evidence.

Holding: Affirmed but modified to lesser-included offenses of abandonment.

Stockbridge v. Territory, 79 P. 753 (Okla. 1905).

Facts: Defendant was charged with killing another man’s bull and found guilty. He appealed,

alleging the verdict was not supported by the evidence and instructional error regarding

circumstantial evidence.

Holding: Affirmed. Evidence presented at trial was sufficient for a jury to determine the facts

and convict.

Updated as of August 7, 2013

OK ST T. 4 §41. Animals chasing or injuring livestock--Right to kill--Liability of owner--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 such animal if the person is the owner or occupant of the property on

which the animal is chasing the livestock or if the person is authorized to kill such an animal by the owner or

occupant of such property. The owner of any such animal 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. The court, before whom a recovery

is had for any such injury, 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. Such appeals shall be prosecuted in such manner as

prescribed by general statutes governing appeals.

B. 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; and

2. “Exotic livestock” means commercially raised exotic livestock including animals of the families bovidae,

cervidae and antilocapridae or birds of the ratite group.

2. ANIMAL FIGHTING

OK ST T. 21 §1682. Instigating fights between animals.

Every person who maliciously, or for any bet, stake or reward, instigates or encourages any fight

between animals with the exception of dogs, or instigates or encourages any animal with the

exception of dogs to attack, bite, wound or worry another, upon conviction, is guilty of a

misdemeanor.

Applicable Case Law:

Maloney v. State, 532 P.2d 78 (Okla.Crim.App. 1975).

Facts: Defendant was convicted for cruelty to animals after partaking in dog fighting, which led

to injuries and maiming of the dogs.

Holding: Reversed and remanded. Defendant was convicted under Section 1685 of the Animal

Facilities Protection Act but the more appropriate section was 1682, which does not make the

offense a punishable one.

Lock v. Falkenstine, 380 P.2d 278 (Okla.Crim.App. 1963).

Facts: Petitioners, who engaged in cockfighting, challenged the constitutionality of the animal

fighting law on grounds that it was not sufficiently definite and certain in its description of the

conduct prohibited.

Holding: Reversed. The court determined it was not the legislature’s intent to include roosters in

the category of animals.

2. OK ST T. 21 §1683. Keeping places for fighting animals.

Every person who keeps any house, pit or other place, to be used in permitting any fight between

animals with the exception of dogs or in any other violation of Section 1682 of this title, upon

conviction, is guilty of a misdemeanor.

No Applicable Case Law.

Updated as of September 19, 2013

Cockfighting:

OK ST T. 21 §1692.2. Instigating or encouraging cockfight.

Every person who willfully instigates or encourages any cockfight, upon conviction, shall be

guilty of a felony. The penalty for a violation of this section shall be as provided in Section 8 of

this act.

Applicable Case Law:

Edmondson v. Pearce, 91 P.3d 605 (Okla. 2004).

Facts: Petitioners, which consisted of Oklahoma government including the Attorney General and

Governor, requested declaratory relief upholding the constitutionality of the Oklahoma animal

fighting statute. This was done in response to several individuals and companies obtaining

temporary restraining orders and injunctions against enforcement and prosecution of the act.

Holding: The statute is constitutional and relief was granted. The statute did not violate any of

the alleged constitutional matters, including takings, the Contract Clause, pursuit of happiness,

interstate commerce, or overbroad language.

4. OK ST T. 21 §1692.3. Keeping place, equipment or facilities for cockfighting.

Every person who keeps any pit or other place, or knowingly provides any equipment or

facilities to be used in permitting any cockfight, upon conviction, shall be guilty of a felony. The

penalty for a violation of this section shall be as provided in Section 8 of this act.

Applicable Case Law:

See Edmondson v. Pearce, 91 P.3d 605 (Okla. 2004).

Updated as of August 7, 2013

OK ST T. 21 §1692.1. Definitions.

As used in this act:

A. “Cockfight” or “cockfighting” is a fight between birds, whether or not fitted with spurs, knives, or gaffs, and

whether or not bets or wagers are made on the outcome of the fight, and includes any training fight in which birds

are intended or encouraged to attack or fight with one another.

OK ST T. 21 §1692.1. Definitions.

B. “Equipment used for training or handling a fighting bird” includes knives or gaffs, cages, pens, feeding

apparatuses, training pens and other related devices and equipment, and is hereby declared contraband and subject to

seizure.

Caviness v. Johnson, 614 F.Supp.2d 1246 (E.D.Okla. 2008).

Facts: After executing search warrant for drugs, police noticed cockfighting

paraphernalia at defendant’s home and subsequently discovered 200 roosters in the yard of the

home. Defendant appealed his conviction, alleging a violation of the 4

Amendment right to

due process. He further alleges plain view does not apply because no cockfighting was

transpiring at the time of the search.

Holding: Affirmed. The seizure and arrest did not violate defendant’s constitutional rights.

OK ST T. 21 §1692.4. Servicing or facilitating cockfight.

Every person who does any act or performs any service in the furtherance of or to facilitate any

cockfight, upon conviction, shall be guilty of a felony. Such activities and services specifically

prohibited by this section include, but are not limited to: promoting or refereeing of birds at a

cockfight, advertising a cockfight, or serving as a stakes holder of any money wagered on any

cockfight. The penalty for a violation of this section shall be as provided in Section 8 of this act.

Applicable Case Law:

See Edmondson v. Pearce, 91 P.3d 605 (Okla. 2004).

OK ST T. 21 §1692.5. Owning, possessing, keeping or training bird for fighting.

Every person who owns, possesses, keeps, or trains any bird with the intent that such bird shall

be engaged in a cockfight, upon conviction, shall be guilty of a felony. The penalty for a

violation of this section shall be as provided in Section 8 of this act.

Applicable Case Law:

See Edmondson v. Pearce, 91 P.3d 605 (Okla. 2004).

OK ST T. 21 §1692.6. Spectators.

Every person who is knowingly present as a spectator at any place, building, or other site where

preparations are being made for a cockfight with the intent to be present at such preparation or

cockfight, or is knowingly present at such cockfight, upon conviction shall be guilty of a

misdemeanor.

Updated as of September 19, 2013

Applicable Case Law:

See Edmondson v. Pearce, 91 P.3d 605 (Okla. 2004).

U.S. v. Langford, 641 F.3d 1195 (10th Cir. 2011).

Facts: Federal agents raided a cockfighting facility on property owned by the United States for

an Indian reservation. Most of those arrested, including defendant, were not Indian. Defendant

was charged with being a spectator at a cockfight. Defendant appealed federal jurisdiction.

Holding: Reversed and remanded. The case would be appropriately retried under Section 1692.2

because the state possess exclusive criminal jurisdiction over crimes occurring in Indian country

when there is neither an Indian victim nor Indian perpetrator.

OK ST T. 21 §1692.7. Seizure, destruction, or forfeiture of cockfighting equipment or

facilities.

Following the conviction of a person for Sections 2, 3, 4, or 5 of this act, the court entering the

judgment shall order that the birds and knives or gaffs used in violation of this act be forfeited to

the state, and may order that any and all equipment described in Section 1 used in violation of

this act be forfeited to the state.

No Applicable Case Law.

OK ST T. 21 §1692.8. Punishment.

A. Every person who is guilty of a felony under any of the provisions of Sections 2, 3, 4, or 5 of

this act shall be punished by imprisonment in the state penitentiary for not less than one (1) year

nor more than ten (10) years, or shall be fined not less than Two Thousand Dollars ($2,000.00)

nor more than Twenty-five Thousand Dollars ($25,000.00), or by both such fine and

imprisonment.

B. Every person who upon conviction is guilty of any of the provisions of Section 6 of this act

shall be punished by imprisonment in the county jail for not more than one (1) year, or shall be

fined not more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment.

No Applicable Case Law.

Updated as of August 7, 2013

OK ST T. 21 §1692.9. Exemption.

Nothing in this act shall prohibit any of the following:

A. Hunting birds or fowl in accordance with Oklahoma regulation or statute, including but not

limited to the sport of hunting game with trained raptors.

B. Agricultural production of fowl for human consumption.

No Applicable Case Law.

Dogfighting:

OK ST T. 21 §1694. Instigating or encouraging dogfight--Felony—Penalty.

Every person who willfully or for any bet, stake or reward, instigates or encourages any fight

between dogs, or instigates or encourages any dog to attack, bite, wound or worry another dog,

except in the course of protection of life and property, upon conviction, shall be guilty of a

felony, punishable as provided in Section 1699.1 of this title.

No Applicable Case Law.

OK ST T. 21 §1695. Keeping place, equipment or facilities for dogfighting--Felony—

Penalty.

Every person who keeps any house, pit or other place, or provides any equipment or facilities to

be used in permitting any fight between dogs or in furtherance of any activity described in

Section 1693of this title

, upon conviction, shall be guilty of a felony, punishable as provided in

Section 1699.1 of this title.

Updated as of September 19, 2013

OK ST T. 21 §1693. Definitions.

As used in this act:

1. “Equipment used for training or handling a fighting dog” includes harnesses, treadmills, cages, decoys, pens,

houses, feeding apparatuses, training pens and other related devices and equipment.

2. “Equipment used for transporting a fighting dog” includes any automobile, or other vehicle, and its appurtenances

which are intended to be used as a vehicle for transporting a fighting dog to a fight;

3. “Concession equipment” includes any stands, equipment or devices intended to be used to sell or otherwise to

dispense food, drinks, liquor, souvenirs or spectator comforts;

4. “Equipment used to promote or advertise a dogfight” includes any printing presses or similar equipment, any

paper, ink, photography equipment, and related items and equipment intended to be used to transport same;

5. “Equipment used to stage a dogfight” includes, but is not limited to, dogfighting arenas, bleachers, or spectators'

stands or other seating, tents, canopies, buildings, fences, cages, speakers, public address systems, portable toilet

facilities and related equipment; and

6. “Fighting dog” includes any dog trained, being trained, intended to be used for training, or intended to be used to

attack, bite, wound or worry another dog.

No Applicable Case Law.

OK ST T. 21 §1696. Servicing or facilitating dogfight--Felony—Penalty.

Every person who does any act or performs any service in the furtherance of or to facilitate any

dogfight, upon conviction, shall be guilty of a felony. Such activities and services specifically

prohibited by this section include, but are not limited to: Promotion, refereeing, handling of dogs

at a fight, transportation of spectators to or from a dogfight, providing concessions at a dogfight,

advertising a dogfight, or serving as a stakes holder of any money wagered on any dogfight,

punishable as provided in Section 1699.1 of this title.

No Applicable Case Law.

OK ST T. 21 §1697. Owning, possessing, keeping or training dog for fighting--Felony—

Penalty.

Every person who owns, possesses, keeps or trains any dog with the intent that such dog shall be

engaged in an exhibition of fighting with another dog, upon conviction, shall be guilty of a

felony, punishable as provided in Section 1699.1 of this title.

No Applicable Case Law.

OK ST T. 21 §1698. Spectators.

Every person who is knowingly present as a spectator at any place, building or other site where

preparations are being made for an exhibition of dogfighting with the intent to be present at such

preparation or fight, or is knowingly present at such exhibition, upon conviction, shall be guilty

of a misdemeanor.

No Applicable Case Law.

OK ST T. 21 §1699. Seizure, destruction or forfeiture of dogfighting equipment and

facilities.

Following the conviction of a person for the offense of keeping a place for fighting dogs,

providing facilities for fighting dogs, performing services in the furtherance of dogfighting,

training, owning, possessing, handling fighting dogs, the court entering the judgment shall order

that the machine, device, gambling equipment, training or handling instruments or equipment,

Updated as of August 7, 2013

transportation equipment, concession equipment, dogfighting equipment and instruments, and

fighting dogs used in violation of this act be destroyed or forfeited to the state.

No Applicable Case Law.

OK ST T. 21 §1699.1. Punishment.

A. Every person who is guilty of a felony under any of the provisions of Sections 1694, 1695,

1696 and 1697 of this title shall be punished by imprisonment in the State Penitentiary for not

less than one (1) year nor more than ten (10) years, or a fine not less than Two Thousand Dollars

($2,000.00) nor more than Twenty-five Thousand Dollars ($25,000.00), or by both such fine and

imprisonment.

B. Every person who upon conviction is guilty of any of the provisions of Section 1698 of this

title shall be punished by imprisonment in the county jail for not more than one (1) year, or shall

be fined not more than Five Hundred Dollars ($500.00).

No Applicable Case Law.

OK ST T. 21 §1699.2. Exemptions.

Nothing in this act shall prohibit any of the following:

1. The use of dogs in hunting as permitted by the Game and Fish Code and by the rules and

regulations adopted by the Oklahoma Wildlife Conservation Commission;

2. The use of dogs in the management of livestock by the owner of such livestock or his

employees or agents or other persons in lawful custody thereof;

3. The training of dogs or the use of equipment in the training of dogs for any purpose not

prohibited by law; or

4. The raising, breeding, keeping or training of dogs or the use of equipment for the raising,

breeding, keeping or training of dogs for sale or show purposes.

No Applicable Case Law.

Updated as of September 19, 2013

Miscellaneous:

OK ST T. 21 §1684. Wounding or trapping birds in cemetery.

Every person who, within any public cemetery or burying ground, wounds or traps any birds or

destroys any bird's nest, or removes any eggs or young birds from any nest; and every person

who buys or sells, offers or keeps for sale, any bird which has been killed or trapped in violation

of this section, is punishable by a fine of Five Dollars ($5.00) for each offense, recoverable by a

civil action in any justice's court within the county where the offense is committed, brought in

the name of any person making a complaint.

No Applicable Case Law.

OK ST T. 21 §1685.1. Greyhounds--Using live animal as lure in training—Penalties.

A. No person may knowingly use any live animal as a lure or bait in training a greyhound for

entry in any race.

B. Any person convicted of violating the provisions of this section shall be guilty of a

misdemeanor punishable by a fine not exceeding Two Hundred Fifty Dollars ($250.00).

C. The provisions of subsection B of this section shall be the exclusive remedy for any violation

of the provisions of subsection A of this section.

No Applicable Case Law.

OK ST T. 21 §1686. Abandoned animals--Euthanasia--Custody of animal following arrest.

A. Any person owning or having charge or custody of a maimed, diseased, disabled, or infirm

animal who abandons the animal or who allows the animal to lie in a public street, road, or

public place one (1) hour after the person receives notice by a duly constituted authority that the

animal is disabled or dead, upon conviction, shall be guilty of a misdemeanor.

B. Any peace officer or animal control officer may humanely destroy or cause to be humanely

destroyed any animal found abandoned and for which no proper care has been given.

C. When any person who is arrested is, at the time of the arrest, in charge of any animal or of any

vehicle drawn by or containing any animal, any peace officer, or animal control officer may take

Updated as of August 7, 2013

custody of the animal or of the vehicle and its contents, or deliver the animal or the vehicle and

its contents into the possession of the police or sheriff of the county or place where the arrest was

made, who shall assume the custody thereof. All necessary expenses incurred in taking custody

of the animal or of the vehicle and its contents shall be a lien on such property.

D. For the purpose of the provisions of this section and Section 1691 of this title, the term

“abandon” means the voluntary relinquishment of an animal and shall include but shall not be

limited to vacating a premises and leaving the animal in or at the premises, or failing to feed the

animal or allowing it to stray or wander onto private or public property with the intention of

surrendering ownership or custody over the animal.

No Applicable Case Law.

OK ST T. 21 §1688. Animals in transit.

Any person who carries or causes to be carried in or upon any vessel or vehicle, or otherwise,

any animal in a cruel or inhuman manner, or so as to produce torture is guilty of a misdemeanor.

No Applicable Case Law.

OK ST T. 21 §1689. Poisonous drugs, unjustifiable administration of.

Any person who unjustifiably administers any poisonous or noxious drug or substance to any

animal, or unjustifiably exposes any such drug or substance with intent that the same shall be

taken by an animal, whether such animal be the property of himself or another, is guilty of a

misdemeanor.

No Applicable Case Law.

OK ST T. 21 §1691. Abandoning of domestic animals along streets or highways or in any

public place prohibited.

Any person who deposits any live dog, cat, or other domestic animal along any private or public

roadway, or in any other private or public place with the intention of abandoning the domestic

animal upon conviction, shall be guilty of a misdemeanor.

No Applicable Case Law.

Updated as of September 19, 2013

OK ST T. 21 §1692. Penalty.

Any person found guilty of violating any of the provisions of Sections 1686, 1688, 1689 and

1691 of this title shall be punished by a fine in an amount not less than One Hundred Dollars

($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail

for not more than one (1) year, or by both said fine and imprisonment.

Applicable Case Law:

See Edmondson v. Pearce, 91 P.3d 605 (Okla. 2004).

OK ST T. 21 §1700. Bear wrestling--Horse tripping.

A. It is unlawful for any person to:

1. Promote, engage in, or be employed at a bear wrestling exhibition or horse tripping event;

2. Receive money for the admission of another person to any place where bear wrestling or horse

tripping will occur;

3. Sell, purchase, possess, or offer a horse for any horse tripping event;

4. Sell, purchase, possess, or train a bear for any bear wrestling exhibition;

5. Subject a bear to alteration in any form for purposes of bear wrestling including, but not

limited to, removal of claws or teeth, or severing tendons; or

6. Give any substance to a bear, inject any substance into a bear, or cause a bear to ingest or

inhale any substance for the purposes of bear wrestling.

B. Any person violating the provisions of this section shall, upon conviction, be guilty of a

misdemeanor punishable by imprisonment in the county jail not exceeding one (1) year, or by a

fine of not more than Two Thousand Dollars ($2,000.00), or by both such fine and imprisonment.

In addition, the court may require the violator to make restitution and reimbursements to the

state, any of its political subdivisions, or to any society which is incorporated for the prevention

of cruelty to animals for housing, feeding, or providing medical treatment to any animals used or

intended for use in violation of this section.

C. Upon the arrest of any person pursuant to any provision of this section, the arresting law

enforcement agency or animal control office shall have authority to seize and take custody of all

Updated as of August 7, 2013

animals in the possession of the arrested person which are the basis of an arrest pursuant to the

provisions of this section. Upon conviction, the court shall have authority to order the forfeiture

of all animals seized which are the basis of the conviction pursuant to the provisions of this

section. Any animals ordered forfeited may be placed in the custody of a society which is

incorporated for the prevention of cruelty to animals.

D. As used in this section, “horse tripping” means to cause an animal of the equine species to fall

or lose its balance with the use of a wire, pole, stick, rope or other object. The term does not

include the lawful laying down of a horse for medical purposes or for the purposes of

identification.

No Applicable Case Law.

OK ST T. 4 §512. Seizure of abandoned or neglected animals--Divestment of ownership.

A. If a law enforcement officer has reason to believe that an animal has been abandoned or

neglected in violation of Sections 1685 or 1692 through 1700 of Title 21 of the Oklahoma

Statutes, the officer may apply in a court of competent jurisdiction for a warrant to seize the

animal. Upon a showing of probable cause, the court shall issue a warrant and set a hearing

within ten (10) calendar days of the date of issuance to determine if a violation of such statutes

has occurred. Upon execution of the warrant, the animal shall be impounded and the owner of

the animal shall receive written notice of the time and place of a hearing to determine whether

the owner's right to ownership of the animal shall be terminated.

B. If the court finds that the owner of the animal has not abandoned or neglected the animal, the

court shall order the animal returned to the owner.

C. If the court finds that the owner of the animal has abandoned or neglected the animal, the

owner shall be divested of ownership of the animal, and the court shall order:

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.

Updated as of September 19, 2013

OK ST T. 4 §511. Definitions.

As used in this act:

1. “Abandon” includes leaving an animal without making reasonable arrangements for assumption of custody by

another person; and

2. “Neglect” means unreasonable deprivation of necessary food, care, or shelter.

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.

No Applicable Case Law.

Dog and Cat Laws, Generally:

OK ST T. 4 §41. Animals chasing or injuring livestock--Right to kill--Liability of owner--

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 such animal if the person is the owner

or occupant of the property on which the animal is chasing the livestock or if the person is

authorized to kill such an animal by the owner or occupant of such property. The owner of any

such animal 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. The court, before whom a recovery is had for

any such injury, 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. Such

appeals shall be prosecuted in such manner as prescribed by general statutes governing appeals.

B. 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; and

2. “Exotic livestock” means commercially raised exotic livestock including animals of the

families bovidae, cervidae and antilocapridae or birds of the ratite group.

Applicable Case Law:

See Laner v. State, 381 P.2d 905 (Okla.Crim.App. 1963).

OK ST T. 4 §42.4. Owners of dangerous dogs, bite or attacks on public property—penalty.

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

1. When unprovoked inflicted bites on any person or severely injured any person either on public

or private property; or

Updated as of August 7, 2013

2. When unprovoked created an imminent threat of injury or death to any person,

to permit such dog to run at large or aggressively bite or attack any person while such person is

lawfully upon public or private property. Upon conviction, the violator shall be guilty of a

misdemeanor punishable by imprisonment in the county jail for not more than one (1) year, or by

imposition of a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such fine and

imprisonment. In addition, the owner shall be liable for damages as provided in Section 42.1 of

Title 4 of the Oklahoma Statutes.

B. The owner of any dangerous dog as defined by Section 44 of Title 4 of the Oklahoma Statutes,

or any dog that is described in subsection A of this section, that attacks any person causing the

death of such person shall, upon conviction, be guilty of a felony punishable by imprisonment in

the custody of the Department of Corrections for not more than five (5) years, or by the

imposition of a fine not to exceed Twenty-five Thousand Dollars ($25,000.00), or by both such

fine and imprisonment.

C. It is unlawful for any person to release any dog upon a law enforcement officer while the

officer is in the performance of official duties. Upon conviction, the violator shall be guilty of a

felony punishable by imprisonment in the custody of the Department of Corrections for not more

than five (5) years, or imprisonment in the county jail for not more than one (1) year, or by

imposition of a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and

imprisonment.

D. It shall be an affirmative defense to a prosecution pursuant to subsection A or B of this section

that the injury or death was sustained by a person who, at the time, was committing a willful

criminal act upon the premises of the owner of the dog or was assaulting the owner of the dog.

No Applicable Case Law.

OK ST T. 4 §43. Counties over 200,000 population--Regulation and control of dogs running

at large—Penalties.

The board of county commissioners of any county with a population of two hundred thousand

(200,000) or more according to the last Federal Decennial Census may regulate or prohibit the

running at large of dogs within said county, and cause such dogs as may be running at large to be

impounded and disposed of as otherwise provided for by law or sold to discharge the costs and

penalties provided for the violation of such prohibition and the expense of impounding and

Updated as of September 19, 2013

OK ST T. 4 §42.1. Personal injury by dog--Liability of owner.

The owner or owners of any dog shall be liable for damages to the full amount of any damages sustained when his

dog, without provocation, bites or injures any person while such person is in or on a place where he has a lawful

right to be.

keeping the same for such sale; and may also provide for the erection of all needful pens, pounds

and buildings for the use of said county at any place within said county. It shall be the duty of the

board of county commissioners of any county undertaking the regulation and taxation of dogs in

said county under this act 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.

No Applicable Case Law.

Dangerous Dogs:

OK ST T. 4 §44. Definitions.

As used in Section 44 et seq. of this title:

1. “Potentially dangerous dog” means any dog that:

a. when unprovoked inflicts bites on a human either on public or private property, or

b. when unprovoked attacks a dog which results in the death of said dog either on public or

private property;

2. “Dangerous dog” means any dog that:

a. has inflicted severe injury on a human being without provocation on public or private property,

b. has been previously found to be potentially dangerous, the owner having received notice of

such by the animal control authority in writing and the dog thereafter aggressively bites, attacks,

or endangers the safety of humans, or

c. has been previously found to be potentially dangerous, the owner having received notice of

such by the animal control authority in writing and the dog thereafter attacks a dog which results

in the death of said dog either on public of private property;

Updated as of August 7, 2013

3. “Severe injury” means any physical injury that results in broken bones or lacerations requiring

multiple sutures or cosmetic surgery;

4. “Proper enclosure of a dangerous dog” means, while on the owner's property, a dangerous dog

shall be securely confined indoors or in a securely enclosed and locked pen or structure with at

least one hundred fifty (150) square feet of space for each dog kept therein which is over six (6)

months of age, and which is suitable to prevent the entry of children and designed to prevent the

animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall

also provide protection from the elements for the dog;

5. “Animal control authority” means an entity acting alone or in concert with other local

governmental units for enforcement of the animal control laws of the city, county and state and

the shelter and welfare of animals;

6. “Animal control officer” means any individual employed, contracted with, or appointed by the

animal control authority for the purpose of aiding the enforcement of this act or any other law or

ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of

animals, and includes any state or local law enforcement officer or other employee whose duties

in whole or in part include assignments that involve the seizure and impoundment of any animal;

and

7. “Owner” means any person, firm, corporation, organization, or department possessing,

harboring, keeping, having an interest in, or having control or custody of an animal.

No Applicable Case Law.

OK ST T. 4 §45. Certificate of registration for certain dogs required--Exemption—Fee.

A. It is unlawful for an owner to have a dangerous dog in the state without certificate of

registration issued under this section. This section shall not apply to dogs used by law

enforcement officials for police work.

B. The animal control authority of the city or county in which an owner has a dangerous dog

shall issue a certificate of registration to the owner of such animal if the owner presents to the

animal control unit sufficient evidence of:

1. A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly

visible warning sign that there is a dangerous dog on the property. In addition, the owner shall

conspicuously display a sign with a warning symbol that informs children of the presence of a

dangerous dog; and

Updated as of September 19, 2013

2. A policy of liability insurance, such as homeowner's insurance, or surety bond, issued by an

insurer qualified under Title 36 of the Oklahoma Statutes in the amount of not less than Fifty

Thousand Dollars ($50,000.00) insuring the owner for any personal injuries inflicted by the

dangerous dog.

C. If an owner has the dangerous dog in an incorporated area that is serviced by both a city and

county animal control authority, the owner shall obtain a certificate of registration from the city

authority.

D. Cities and/or counties may charge an annual fee not to exceed Ten Dollars ($10.00), in

addition to regular dog licensing fees, if any are charged, not to exceed Ten Dollars ($10.00), to

No Applicable Case Law.

OK ST T. 4 §46. Muzzle and restraint of certain dogs required--Local regulation of

dangerous dogs--Dogs not to be declared dangerous.

A. It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper

enclosure as defined by Section 44 of this title, unless the dog is muzzled and restrained by a

substantial chain or leash and remains under the physical restraint of a responsible person over

sixteen (16) years of age. The muzzle shall be made in a manner that will not cause injury to the

dog or interfere with its vision or respiration but shall prevent it from biting any person or

animal.

B. Potentially dangerous or dangerous dogs may be regulated through local, municipal and

county authorities, provided the regulations are not breed specific. Nothing in this act shall

prohibit such local governments from enforcing penalties for violation of such local laws.

C. Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a

person who, at the time, was committing a willful trespass or other tort upon the premises

occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the

past, been observed or reported to have tormented, abused, or assaulted the dog or was

committing or attempting to commit a crime.

Applicable Case Law:

Okl. A.G. Opin. No. 07-28, 2007 WL 4699702 (Okl.A.G.)

Question:

Updated as of August 7, 2013

Does OK ST T. 4 §46 prohibit a municipality from regulating dangerous or potentially

dangerous dogs as determined by the Centers for Disease Control as having the most human dog-

bite-related fatalities or considered most likely to kill or seriously maim?

Answer:

This statute permits local authorities to regulate potentially dangerous or dangerous dogs,

provided that the regulations to do so are not breed specific. Here, the specific report referred to

identified by specific pure- and cross-bred breeds of dogs, most frequently involved in human

dog-bite-related fatalities. If a municipal ordinance regulating dangerous or potentially

dangerous dogs referenced the report referred to here, or any other document, it would have the

effect of incorporating the referenced material into the ordinance as if the text were set out

verbatim. In this case, to the extent that the referenced material referred to specific dog breeds,

the enacting municipality would have adopted a breed-specific ordinance and would therefore be

in violation of OK ST T. 4 §46.

Okl. A.G. Opin. No. 05-27, 2005 WL 1996925 (Okl.A.G.)

Question:

Can a city or town that has adopted a municipal charter enact and enforce an ordinance to

ban specific breeds of dogs?

Answer:

The statute in question, OK ST T. 4 §46, expressly prohibits breed-specific municipal

regulations concerning potentially dangerous or dangerous dogs. It has been previously held that

a charter city’s ordinance supersedes state law only in matters of purely municipal concern.

However, the Oklahoma Supreme Court has stated that regulation of dogs is a matter of

concurrent local and state concern, and that a local ordinance and a state statute relating to dogs

and dog attacks may construed cumulatively if the ordinance is not irreconcilable with the state

statute. Here, a municipal ordinance that banned a specific breed of dog would be directly

against the provisions of OK ST T. 4 §46(B), which expressly prohibits breed-specific municipal

regulations and therefore a city or town which has adopted a municipal charter could not enact

and enforce an ordinance to ban specific breeds of dogs.

OK ST T. 4 §47. Confiscation of dangerous dog--Purpose of act--Other remedies.

A. Any dangerous dog shall be immediately confiscated by an animal control authority if:

1. The dog is not validly registered under Section 45 of this title;

2. The owner does not secure the liability insurance coverage or surety bond required under

Section 45 of this title;

Updated as of September 19, 2013

3. The dog is not maintained in the proper enclosure as defined by Section 44 of this title; and

4. The dog is outside of the dwelling of the owner, or outside the proper enclosure and not under

physical restraint of the responsible person as required by Section 46 of this title.

B. The owner of a dangerous dog shall, upon conviction, be guilty of a misdemeanor punishable

by imprisonment in the county jail for not more than one (1) year or by the imposition of a fine

not to exceed Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment for any

violation of the laws relating to dangerous dogs resulting in the confiscation of such dog

pursuant to any provision of subsection A of this section.

C. The owner of a dangerous dog shall be guilty of a misdemeanor punishable by imprisonment

in the county jail for not more than one (1) year, or by the imposition of a fine not to exceed Five

Thousand Dollars ($5,000.00), or by both such fine and imprisonment for any personal injury

caused by such dangerous dog. The fine, at the discretion of the court, may be offset by

payments made by the dog owner to any victim of an injury or attack by the dog. However,

insurance payments may not be considered as an offset. In addition, the court may require the

owner to perform forty (40) hours of community service. The court may suspend any portion of

the community service requirement set forth in this section. It shall be an affirmative defense to a

prosecution pursuant to this subsection that the injury was sustained by a person who, at the time,

was committing a willful criminal act upon the premises occupied by the owner of the dog or

was assaulting the owner of the dog.

D. It is the purpose of Sections 44 through 47 of this title to provide additional and cumulative

remedies to control dangerous and potentially dangerous dogs in this state. Nothing in this act

shall be construed to abridge or alter rights of action or remedies of victims under the common

law or statutory law, criminal or civil.

No Applicable Case Law.

Animal Use for Scientific Investigation:

OK ST T. 4 §391. Definitions.

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

Updated as of August 7, 2013

pound” means any place used by a city or the state for the detention or keeping of unclaimed or

stray animals.

No Applicable Case Law.

OK ST T. 4 §392. Application and issuance of license.

An institution requiring for the effective carrying on of its scientific or educational activities the

use of live dogs and cats may apply to the Oklahoma Department of Agriculture, Food, and

Forestry for a license to obtain animals from the establishment maintained and operated by

public funds for the confinement, care and disposal of animals seized by public authority,

commonly called the “dog pound”. If the Oklahoma Department of Agriculture, Food, and

Forestry finds that the institution, by reason of its ethical standards, its personnel, its facilities

and the uses it proposes to make of animals is a fit and proper agency to receive a license, and

that the public interest would be served by the issuance of a license to the institution, it shall

issue a license to the institution, subject to the restrictions and limitations hereinafter provided.

No Applicable Case Law.

OK ST T. 4 §393. Expiration and renewal of licenses.

A license shall expire annually on June 30, but may be renewed annually from year to year on

application to the Oklahoma Department of Agriculture, Food, and Forestry, and on compliance

with the conditions required with respect to the original issuance of the license.

No Applicable Case Law.

OK ST T. 4 §394. Delivery of animals on demand--Municipal ordinances relating to

impoundment and scientific research.

A. Except as otherwise provided by municipal ordinance, it shall be the duty of the pound

supervisor to deliver from among the available impounded animals on the demand of an

institution possessing a license, such number of animals as the institution may demand and be

reasonably required effectively to carry on its activities, subject to the following conditions:

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

Updated as of September 19, 2013

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.

No Applicable Case Law.

OK ST T. 4 §395. Transportation of dogs--Purposes for which used.

The licensed institution shall provide for the transportation of dogs from the pound, and may use

them only in the conduct of their scientific or educational activities.

No Applicable Case Law.

OK ST T. 4 §396. Return of dogs subsequently claimed--Immunity from liability.

An institution shall at its own expense return to appropriate dog pound any dog delivered to it

which subsequently is identified and claimed by its owner; provided, however, that no institution

shall be liable to the owner for any injury or illness or subsequent death of any such animal,

resulting from the transportation, detention, or proper use of the dog in its scientific and

educational activities.

No Applicable Case Law.

OK ST T. 4 §397. Revocation of licenses.

The Oklahoma Department of Agriculture, Food, and Forestry, after notice and a reasonable

opportunity to defend, may revoke the license granted an institution (1) if the institution has

violated any provision of this act or any rule or regulation promulgated by the Oklahoma

Department of Agriculture, Food, and Forestry pursuant hereto; (2) if the standards, personnel,

Updated as of August 7, 2013

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.

No Applicable Case Law.

OK ST T. 4 §398. Obtaining dogs from other sources.

Nothing in this act shall be construed to affect the right of an institution to obtain dogs from

sources other than dog pounds.

No Applicable Case Law.

OK ST T. 4 §399. Rules and regulations--Inspections and investigations.

A. The Oklahoma Department of Agriculture, Food, and Forestry shall have the power to adopt

such rules and regulations, not inconsistent with the laws of Oklahoma, as it may deem necessary

to carry into effect the provisions of this act. The Secretary of Agriculture shall have the right

whenever it deems advisable to inspect or investigate any institution to which it has granted a

license or which has applied for a license.

B. Effective November 1, 2012, all records maintained by the State Board of Health for the

purposes of licensing institutions pursuant to Sections 391 through 402 of this title shall be

transferred to the Oklahoma Department of Agriculture, Food, and Forestry.

No Applicable Case Law.

OK ST T. 4 §400. Interpretation and construction of law.

This act shall be so interpreted and construed as to effect its general purpose to make available to

qualified institutions for the purpose of scientific investigation, experiment or instruction

unclaimed and unredeemed animals impounded in dog pounds.

No Applicable Case Law.

Updated as of September 19, 2013

OK ST T. 4 §401. Misdemeanors.

It shall be a misdemeanor for:

(a) Any person or institution to violate any of the provisions of this act or any rules and

regulations promulgated thereunder, or (b) Any person to fail willfully to execute any duty

imposed on him by this act.

No Applicable Case Law.

OK ST T. 4 §402. Partial invalidity.

If any provision of this act or the application thereof to any person or circumstance is held

invalid, such invalidity shall not affect other provisions or applications of the act which can be

given effect without the invalid provision or application, and to this end the provisions of this act

are declared to be severable.

No Applicable Case Law.

Disposal of Animals in Shelters:

OK ST T. 4 §501. Disposal of animals kept for pleasure—Method.

A. Any dog, cat or any other animal which is kept for pleasure rather than utility in or about a

household, held by or in the custody of a private or public animal shelter or agency and not

reclaimed by the owner, may be disposed of only by:

1. Adoption as a pet in a suitable home;

2. Delivery to a licensed educational or research institution in accordance with the provisions of

Sections 391 through 402 of this title; or

3. Euthanasia by only one of the following methods:

a. administration of denatured sodium pentobarbital,

b. the use of a carbon monoxide chamber, using commercially compressed cylinder gas;

provided that kittens and puppies under sixteen (16) weeks of age shall not be euthanized with

carbon monoxide but with injections of denatured sodium pentobarbital, or

Updated as of August 7, 2013

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,

(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.

No Applicable Case Law.

OK ST T. 4 §502. Denatured sodium pentobarbital--Method of administration--Possession

and purchase by certified animal euthanasia technician.

A. Denatured sodium pentobarbital shall be administered by any one of the following methods:

1. Intravenous or intracardial injection of a lethal dose in dogs and cats. Intracardiac injection is

acceptable only when performed on heavily sedated, anesthetized, or comatose animals;

2. Oral ingestion by wild or intractable dogs of powdered denatured sodium pentobarbital in

capsules mixed with food, with the dog remaining in its individual cage until dead; or

3. Intraperitoneal or intracardial injection in cats, kittens and puppies when location of and

injection into the vein is difficult or impossible. Intracardiac injection is acceptable only when

performed on heavily sedated, anesthetized, or comatose animals.

Updated as of September 19, 2013

B. Denatured sodium pentobarbital shall be administered under the following conditions:

1. A sharp and undamaged hypodermic needle shall be used for each animal and be of a size

suitable for the size and species of animal, and method of injection; and

2. Administration shall be by a licensed veterinarian or by a person trained for this purpose and

approved and supervised by a licensed veterinarian, or a person certified as an animal euthanasia

technician by the Oklahoma State Board of Veterinary Medical Examiners or an animal control

officer registered by the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control as

provided in subsection D of this section.

C. 1. Any certified animal euthanasia technician that is registered by the Oklahoma Bureau of

Narcotics and Dangerous Drugs Control, Drug Enforcement Agency, and who holds a valid

certificate issued by the Oklahoma Board of Veterinary Medical Examiners or any animal control

officer that is registered by the Oklahoma Bureau of Narcotics and Dangerous Drugs Control is

authorized to purchase and possess denatured sodium pentobarbital or other drugs approved by

the registering entity for euthanasia of animals provided they are working in conjunction with a

law enforcement agency, animal control agency, or animal shelter that is recognized and

approved by the Board or the Oklahoma Bureau of Narcotics and Dangerous Drugs Control; and

2. Denatured sodium pentobarbital and other drugs approved by the Board of Veterinary Medical

Examiners or the Oklahoma Bureau of Narcotics and Dangerous Drugs Control shall be the only

drugs used for the euthanasia of animals in an animal shelter.

No Applicable Case Law.

OK ST T. 4 §503. Carbon monoxide—Administration.

Personnel shall be thoroughly instructed and be adequately trained in the operation and use of the

carbon monoxide chamber. Carbon monoxide shall be administered in the following manner:

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.

No Applicable Case Law.

Updated as of August 7, 2013

OK ST T. 4 §504. Carbon monoxide chambers--Equipment required.

Carbon monoxide chambers shall be equipped with:

1. Internal lighting and a viewport providing direct visual observation of any animal within the

chamber;

2. Compressed cylinder gas of commercial grade adequate to achieve a uniform carbon

monoxide gas concentration throughout the chamber that induces unconsciousness within three

(3) minutes after any animal is placed in the chamber;

3. A suitable gauge or gas concentration indicator or recording device making possible easy and

instantaneous visual determination of the carbon monoxide concentration in the chamber;

4. A means of keeping the animals in the chamber in separate compartments;

5. An exhaust fan connected by a gas-tight duct to the outdoors, capable of completely

evacuating the gas from the chamber before it is opened after each use, for protection of

personnel. There shall also be a gas analyzer located in the room that is capable of warning

personnel of hazardous concentrations while the chamber is being used. Small carbon monoxide

chambers without exhaust fan or warning bell may be placed outdoors, provided they are placed

under a shelter with a roof for protection of equipment and personnel, but open at the sides for

ventilation.

No Applicable Case Law.

OK ST T. 4 §506. Municipality not having proper facilities and personnel--Manner of

disposal.

Any municipality that does not have proper facilities and trained personnel shall transport in a

humane manner any animals which are to be euthanized to the nearest municipality which has

proper facilities and trained personnel or contract for euthanasia of such animals by a licensed

veterinarian.

No Applicable Case Law.

OK ST T. 4 §507. Violation of act as nuisance--Injunction—Abatement.

Updated as of September 19, 2013

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.

No Applicable Case Law.

OK ST T. 4 §508. Exemptions.

The provisions of Sections 1 through 7 of this act shall not apply to any municipality with a

population of ten thousand (10,000) or less persons according to the latest Federal Decennial

Census. However, unclaimed animals must be destroyed by an acceptable, humane method.

No Applicable Case Law.

Updated as of August 7, 2013