Title 4. Animals
§4-1. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§4-2. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§4-11. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§4-12. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§4-13. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§4-14. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§4-15. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§4-21. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§4-22. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§4-23. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§4-24. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§4-25. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10, 1980.
§4-29.1. Repealed by Laws 1951, p. 91, § 608.
§4-29.2. Repealed by Laws 1951, p. 91, § 608.
§4-29.3. Repealed by Laws 1951, p. 91, § 608.
§4-31. Breeding certificates - Duty to furnish - Contents - Form.
The owner or keeper of any registered male animals who collect a fee for the service of same, shall upon request of the owner of any registered female of the same breed which has been bred to such registered male animal, and the fee therefor paid, furnish to such owner a breeding certificate, giving name and register number of such male animal and the date of such service, such information to be furnished in the form required by the breeders' association with which such animals are registered, to the end that the offspring may be registered.
Added by Laws 1915, c. 40, § 1.
§4-32. Refusal to furnish certificate - Penalty.
Refusal to comply with the provisions of section one hereof shall be a misdemeanor punishable by a fine of not more than Fifty Dollars ($50.00).
Added by Laws 1915, c. 40, § 2.
§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.
R.L.1910, § 120. Amended by Laws 1935, p. 190, § 1; Laws 1949, p. 39, § 1, emerg. eff. Feb. 15, 1949; Laws 1993, c. 36, § 1, eff. July 1, 1993; Laws 2002, c. 187, § 2, eff. Nov. 1, 2002; Laws 2007, c. 40, § 1, eff. July 1, 2007.
§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.
Added by Laws 1947, p. 32, § 1. Amended by Laws 1980, c. 75, § 1, eff. Oct. 1, 1980.
§4-42.2. Lawful presence on owner's property, what constitutes - Public place, what is.
For the purpose of Sections 42.1 through 42.3 of this title and Section 1 of this act a person shall be considered to be lawfully upon the private property of the owner of a dog when he or she is on the property in the performance of any duty imposed upon the person by the laws of this state, or its political subdivision, or by the laws of the United States, or the postal regulations of the United States, or when reading meters, or making repairs to any public utility or service located on the premises, or when working on the property at the request of the owner or any tenant having a lease upon any portion of the property, or when on the property upon the invitation, either expressed or implied, of the owner or lessee of such property, or when on the property for any other lawful purpose. The term “public place” shall, for the purpose of Sections 42.1 through 42.3 of this title and Section 1 of this act, mean and include any and all public streets, sidewalks, alleyways, easements, buildings, parks, playgrounds and recreational facilities, and any and all places of business, amusement or entertainment which are privately owned, wherein merchandise, property, services, entertainment or facilities are offered for sale, hire, lease, or use.
Added by Laws 1947, p. 32, § 2, emerg. eff. March 11, 1947. Amended by Laws 2006, c. 262, § 2, emerg. eff. June 7, 2006.
§4-42.3. Exceptions to application of act - Existing rights and liabilities.
Provided that this act shall not apply to rural areas of this state or to any cities or towns that do not have city or village United States mail delivery service. Provided, nothing herein shall be construed as diminishing any right or liability for injury by dog bites now existing under the laws of this state.
Added by Laws 1947, p. 32, § 3.
§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
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.
Added by Laws 2006, c. 262, § 1, emerg. eff. June 7, 2006.
§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 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.
Added by Laws 1959, p. 25, § 1.
§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;
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.
Added by Laws 1991, c. 199, § 1, eff. Feb. 1, 1992. Amended by Laws 2001, c. 159, § 1, emerg. eff. May 1, 2001; Laws 2006, c. 262, § 3, emerg. eff. June 7, 2006.
§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
2. A policy of liability insurance, such as homeowner's insurance, or surety bond, issued by an insurer qualified under Title 36 of the Oklahoma Statutes in the amount of not less than Fifty Thousand Dollars ($50,000.00) insuring the owner for any personal injuries inflicted by the dangerous dog.
C. If an owner has the dangerous dog in an incorporated area that is serviced by both a city and county animal control authority, the owner shall obtain a certificate of registration from the city authority.
D. Cities and/or counties may charge an annual fee not to exceed Ten Dollars ($10.00), in addition to regular dog licensing fees, if any are charged, not to exceed Ten Dollars ($10.00), to register dangerous dogs. Fees shall be retained by the city or county issuing license.
Added by Laws 1991, c. 199, § 2, eff. Feb. 1, 1992.
§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.
Added by Laws 1991, c. 199, § 3, eff. Feb. 1, 1992. Amended by Laws 2006, c. 262, § 4, emerg. eff. June 7, 2006.
§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;
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.
Added by Laws 1991, c. 199, § 4, eff. Feb. 1, 1992. Amended by Laws 2006, c. 262, § 5, emerg. eff. June 7, 2006.
§4-51. Repealed by Laws 1943, p. 16, § 5.
§4-52. Repealed by Laws 1943, p. 16, § 5.
§4-53. Repealed by Laws 1943, p. 16, § 5.
§4-54. Repealed by Laws 1943, p. 16, § 5.
§4-61. Repealed by Laws 1963, c. 220, § 11.
§4-62. Repealed by Laws 1941, p. 462, § 1.
§4-63. Repealed by Laws 1941, p. 462, § 1.
§4-64. Repealed by Laws 1941, p. 462, § 1.
§4-65. Repealed by Laws 1941, p. 462, § 1.
§4-66. Repealed by Laws 1941, p. 462, § 1.
§4-67. Repealed by Laws 1963, c. 220, § 11.
§4-68. Repealed by Laws 1941, p. 462, § 1.
§4-69. Repealed by Laws 1941, p. 462, § 1.
§4-70. Repealed by Laws 1941, p. 462, § 1.
§4-71. Repealed by Laws 1941, p. 462, § 1.
§4-72. Repealed by Laws 1941, p. 462, § 1.
§4-73. Repealed by Laws 1941, p. 462, § 1.
§4-74. Repealed by Laws 1941, p. 462, § 1.
§4-75. Repealed by Laws 1941, p. 462, § 1.
§4-81.1. Repealed by Laws 1963, c. 200, § 11.
§4-81.2. Repealed by Laws 1963, c. 220, § 11.
§4-81.3. Repealed by Laws 1963, c. 220, § 11.
§4-81.4. Repealed by Laws 1963, c. 220, § 11.
§4-82.1. Repealed by Laws 1970, c. 165, § 13.
§4-82.2. Repealed by Laws 1970, c. 165, § 13.
§4-82.3. Repealed by Laws 1970, c. 165, § 13.
§4-82.4. Repealed by Laws 1970, c. 165, § 13.
§4-82.5. Repealed by Laws 1970, c. 165, § 13.
§4-82.6. Repealed by Laws 1970, c. 165, § 13.
§4-82.7. Repealed by Laws 1970, c. 165, § 13.
§4-82.8. Repealed by Laws 1970, c. 165, § 13.
§4-82.9. Repealed by Laws 1970, c. 165, § 13.
§4-82.10. Repealed by Laws 1970, c. 165, § 13.
§4-85.1. Definitions.
A. As used in this act, "domestic animals" shall include all domestic animals including, but not limited to, cattle, bison, hogs, sheep, goats, equidae, chickens or other poultry and exotic livestock. The term "domestic animals" shall not include dogs and cats.
B. As used in this section, “exotic livestock" means commercially raised exotic livestock including animals of the families bovidae, cervidae and antilocapridae or birds of the ratite group.
Added by Laws 1970, c. 165, § 1. Amended by Laws 1974, c. 29, § 1, emerg. eff. April 11, 1974; Laws 1993, c. 36, § 2, eff. July 1, 1993; Laws 2000, c. 206, § 1, emerg. eff. May 19, 2000; Laws 2007, c. 5, § 13, eff. Nov. 1, 2007.
§4-85.2. Estrays.
Any domestic animal found running at large upon public or private lands in the State of Oklahoma, whose owner is unknown in the vicinity of the premises where found, shall be known as an "estray", and it shall be unlawful for any person, company or corporation or either of their employees or agents to take up an estray and retain possession of same, except as provided in this act.
Added by Laws 1970, c. 165, § 2. Amended by Laws 2000, c. 206, § 2, emerg. eff. May 19, 2000; Laws 2007, c. 5, § 14, eff. Nov. 1, 2007.
§4-85.3. Taking up by landowner or lessee - Investigation - Reports.
Any landowner or lessee of land may take up any domestic animal that strays upon his premises or any public thoroughfare adjoining the same. When any person shall take up any stray animal, he shall make a reasonable investigation immediately to ascertain the owner of such animal and, within seven (7) days, he shall report such taking up to the county sheriff of the county in which the animal was taken up, giving a description of the animal, setting forth the brand, sex, and approximate age of such animal. When the identity of the owner of any stray animal is known to the taker-up he shall communicate to the said owner that the animal has strayed and that he has taken it up. The taker-up may require the owner of any strayed animal he has taken up to pay the actual cost of its keep while so taken up plus all damages that the strayed animal caused to the premises. When one who has taken up a strayed animal is unable, after investigation, to ascertain by whom the animal is owned, or when an owner of a strayed animal is identified and known to be such but neglects or fails to pay the cost of the animal's keep while taken up plus all damages it caused to the premises of the taker-up and remove the animal from the possession of the taker-up the latter shall report all facts relative to the matter to the sheriff of the county in which the animal was taken up.
Added by Laws 1970, c. 165, § 3. Amended by Laws 1974, c. 29, § 2, emerg. eff. April 11, 1974; Laws 1980, c. 161, § 1, eff. Oct. 1, 1980.
§4-85.4. Rights and duties of taker-up.
Upon taking up an estray animal or animals, and after sending a description to the county sheriff, the taker-up shall be entitled to hold the same lawfully until relieved of its custody by the sheriff. Should a claimant for said animal apply to the taker-up for possession of this animal, the taker-up shall at once notify the sheriff, and should the sheriff be satisfied that said applicant is the rightful owner, he shall issue an order authorizing the taker-up to grant possession of the estray to the rightful owner. The owner shall be required to pay to the taker-up the actual cost for keeping the estray, together with the actual amount of any damages suffered by the taker-up as a result of the estray being upon his premises and such costs and damages shall be approved by the district judge and shall be entered on the order by the sheriff.
Added by Laws 1970, c. 165, § 4. Amended by Laws 1980, c. 161, § 2, eff. Oct. 1, 1980.
§4-85.5. Duties of peace officer.
A. 1. Upon receiving notice of the taking up of any strayed animal, it shall be the duty of any peace officer, unless the owner thereof is identified and known by the peace officer to be the owner, to make or cause to be made an examination of the brand records and reports of lost, strayed and stolen livestock.
2. If from these records the name of the owner or probable owner can be determined, the owner shall be notified forthwith of the taking up of the strayed animal.
3. If the name of the owner or probable owner cannot be determined, the officer shall arrange for the housing of the animal as provided by subsection B of this section.
B. The Department of Public Safety and any municipality, county, or other political subdivision of this state may establish a list of facilities, including, but not limited to, livestock sales facilities or veterinary clinics, for an official rotation log for the keeping of strayed animals pursuant to the request of or at the direction of any officer of the Department or a municipality, county, or other political subdivision. The Department of Public Safety may promulgate rules for the implementation and administration of this section.
C. Upon the owner's proving to the satisfaction of the peace officer that the animal is lawfully the owner's, the peace officer shall allow the animal to be taken by the owner, upon payment of the actual cost for keeping it together with the amount of any damages suffered by the taker-up as a result of the strayed animal being upon the premises of the taker-up.
D. If the owner fails to pay the charges, the animal shall be sold according to provisions of Section 85.6 of this title.
E. After all costs and expenses incurred for the care, transportation, and sale of such animal have been deducted from the gross sale proceeds, the net amount shall be paid to the owner.
Added by Laws 1970, c. 165, § 5. Amended by Laws 1974, c. 29, § 3, emerg. eff. April 11, 1974; Laws 1997, c. 44, § 1, eff. Nov. 1, 1997; Laws 2000, c. 253, § 1, eff. Nov. 1, 2000; Laws 2004, c. 130, § 1, emerg. eff. April 20, 2004.
§4-85.6. Sale of unclaimed animals.
A. If a peace officer is unable to determine the owner or probable owner of any strayed animal from brand records and other reports of lost, strayed and stolen livestock, the sheriff shall cause to be published in a newspaper having general circulation in the county in which the strayed animal has been taken up, a description of the animal which shall contain sex, age and brand or brands but shall not contain color, or marks or other descriptive information. The notice shall be published for two (2) consecutive weekly issues. If after such publication the sheriff is still unable to determine the owner, the animal shall be sold by the sheriff, at the nearest approved and licensed or federally inspected livestock auction market from where taken up, inside the State of Oklahoma.
B. The approved selling firm shall forward by mail to the sheriff a check for the proceeds and other sales information, listing a description, sex, weight, selling price per pound and total sales price less normal and customary marketing fees.
C. The sheriff shall pay to the taker-up of an unclaimed stray animal the actual cost for keeping it, together with the actual amount of any damages suffered by the taker-up as a result of the strayed animal being upon the premises.
D. All remaining money, if any, shall be deposited with the county treasurer to be held by the treasurer in a special fund from which payment may be made to a claimant who has been determined by the district court to be the owner of the stray animal. If not expended pursuant to court order within one (1) year the funds so deposited shall be credited to the County General Fund.
Added by Laws 1970, c. 165, § 6. Amended by Laws 1974, c. 29, § 4, emerg. eff. April 11, 1974; Laws 1997, c. 44, § 2, eff. Nov. 1, 1997; Laws 2000, c. 253, § 2, eff. Nov. 1, 2000.
§4-85.7. Adverse claimants.
In the event that there is more than one (1) claimant to any estray after the publication of the notice, as provided by this act, and if a contest or controversy ensues as a result of adverse claimants, then after the publication the sheriff shall certify the matter to the district court of the county in which the estray is taken up, and the small claims division of the district court shall docket said matter in a proper docket supplied by the county for such purpose, and the claimants shall have ten (10) days from the date of such docketing of said matter to file affidavits in support of their several claims. The district court shall also have the right and authority to hear oral testimony at any reasonable time on notice to the claimants to determine the ownership of such estray, and after said hearing the district court shall enter a finding determining the ownership of said estray. Such finding shall have the same effect and force as a judgment and shall be appealable as other matters from the district court but such appeals shall be taken within ten (10) days. In the event two (2) or more claimants are found to be the owners of such estrays, the expenses incurred by the taker-up shall be assessed pro rata to the owners. They shall jointly pay for the keeping of such estrays as is customary in the community for pasturing, feed and keeping of such animals, together with the cost of the proceeding including publication costs.
Added by Laws 1970, c. 165, § 7.
§4-85.10. Duty to feed and care for estrays.
Any person taking up an estray as hereinbefore provided shall feed and care for said estray.
Added by Laws 1970, c. 165, § 10.
§4-85.11. Penalties.
If any person unlawfully takes up or conceals an estray, or fails to comply with the provisions of this act, such person so offending shall be guilty of the felony of larceny of domestic animals and shall be punished according to the provisions of Section 1716 of Title 21 of the Oklahoma Statutes.
Added by Laws 1970, c. 165, § 11. Amended by Laws 1974, c. 29, § 5, emerg. eff. April 11, 1974; Laws 1997, c. 133, § 121, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 121 from July 1, 1998, to July 1, 1999.
§4-85.12. Jurisdiction to settle disputes and claims.
In event the taker-up and the owner and/or claimant cannot agree as to the amount of damages or expenses involved, the small claims division of the district court in the county where estray is located shall have jurisdiction to adjudicate the matter, as well as determine claims between more than one person who claim ownership of the estray.
Added by Laws 1970, c. 165, § 12.
§4-85.13. Claim to ownership of exotic livestock under this chapter - Conditions.
A. A person may claim to be the owner of exotic livestock under this chapter only if:
1. The exotic livestock is tagged, branded, banded, or marked in another manner that identifies the exotic livestock as being the property of the claimant; or
2. The person acquired the exotic livestock by purchase, gift, devise, inheritance, or other lawful transfer or the exotic livestock was born or hatched on property owned or leased by the claimant or on other property under an agreement with the claimant in which the claimant may assert ownership of the exotic livestock and:
a. the exotic livestock, when normally in the possession of the owner, is impounded within a fence or by another restraining device that is generally appropriate to prevent the escape of the type of animal claimed, or
b. the animal claimed is of such rarity or has such genetic marking or other attributes as to identify the exotic livestock as having come from the claimant's stock having the same rarity or attributes.
B. Under subsection A of this section, a lawful transfer does not include the live taking of an exotic livestock in this state on property that is owned or leased by a person other than the claimant.
Added by Laws 1993, c. 36, § 3, eff. July 1, 1993.
§4-91. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-92. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-93. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-94. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-95. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-96. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-97. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-98. Restraint of all domestic animals - Damages for trespass.
All domestic animals shall be restrained by the owner thereof at all times and seasons of the year from running at large in the State of Oklahoma. Damages caused by the domestic animals trespassing upon lands of another shall be recovered in a manner provided by law. For the purpose of this act, domestic animals shall include cattle, horses, swine, sheep, goats, exotic livestock and all other animals not considered wild. The term “domestic animals” shall not include domestic house pets.
Added by Laws 1965, c. 117, § 1, eff. Jan. 1, 1966. Amended by Laws 2000, c. 206, § 3, emerg. eff. May 19, 2000; Laws 2007, c. 5, § 15, eff. Nov. 1, 2007.
§4-99. Failure to keep domestic animals enclosed – Penalties.
A. Any person who:
1. Willfully omits to keep a domestic animal such person owns or has charge of within a suitable enclosure;
2. Allows the animal to be unrestrained or to run at large, with notice, actual or constructive, that the enclosure within which the animal is kept is open; or
3. Knowingly causes a domestic animal to escape confinement,
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than Fifty Dollars ($50.00) for each offense, or not more than thirty (30) days' imprisonment in the county jail for each offense, or by both fine and imprisonment.
B. For the purpose of this act, the term "domestic animals" shall not include domestic house pets.
Added by Laws 1972, c. 131, § 1, emerg. eff. April 7, 1972. Amended by Laws 2000, c. 206, § 4, emerg. eff. May 19, 2000; Laws 2007, c. 5, § 16, eff. Nov. 1, 2007.
§4-101. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-102. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-103. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-104. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-105. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-106. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-107. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-108. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-109. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-110. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-111. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-112. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-114.1. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-114.2. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-115.1. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-115.2. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-115.3. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-115.4. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-121. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-122. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-131. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-132. Removal of stock from distraint without leave of possessor - Penalty - Civil liability.
If any person, by force or otherwise, without leave of the person having the stock under distraint remove the stock from such distraint, he shall be guilty of a misdemeanor, and shall pay a fine of not less than ten (10) nor more than One Hundred Dollars ($100.00), or be imprisoned in the county jail not less than ten (10) nor more than thirty (30) days, and shall in addition thereto, be liable in a civil action for the recovery of the stock so relieved from distraint, or for damages and costs, as the party distraining may elect.
R.L. 1910, § 150.
§4-133. Stock "owner" defined.
The word "owner" as used in this article shall include the person entitled to the immediate possession of the animal, and also the person having charge or care of the same, and also the person having the legal title thereto.
R.L. 1910, § 151.
§4134. Land "owner" defined.
For the purposes of this article, the owner, homesteader, tenant, or other person in the possession of, or cultivating the land trespassed upon, shall be deemed to be the owner thereof.
R.L.1910, § 152.
§4-135. Proceedings after distraint - Assessment of damages - Notices - Sale - Surplus.
A. Within forty-eight (48) hours after stock has been distrained, Sunday not being included, the party distraining, or such party's agent, shall notify the owner of the stock when known, or, if unknown, the party having them in charge. If the owner fails to satisfy the person whose lands are trespassed upon, the party injured shall, within twenty-four (24) hours thereafter, notify in writing the county sheriff to come upon the premises to view and assess the damages.
B. The county sheriff shall, within forty-eight (48) hours after receiving such notice, Sundays and holidays excepted, proceed to view and assess the damages, and determine a reasonable amount to be paid for seizing and keeping said stock. If the person owning the distrained stock fails to pay the damages as assessed, the sheriff shall provide for the public notice and sale of the distrained stock as provided by Section 85.6 of this title.
C. Any money or stock left after satisfying such claims shall be returned to the owner of the stock sold.
R.L. 1910, § 153. Amended by Laws 1968, c. 72, § 1; Laws 1997, c. 44, § 3, eff. Nov. 1, 1997.
§4-136. Assessment of damages - Filing - Review - Bond - Supersedeas - Delivery of stock to owner appealing - Certification of papers.
The county sheriff shall make his assessment in writing and file the same with the county clerk, to be kept in his office. Any person aggrieved by the action of the county sheriff under this article, may appeal therefrom, to the district court. The person appealing shall file with the county sheriff a bond, in a penalty double the value of the property distrained, or if the value of the property exceed the amount of damage claimed, then in double the amount of damages, with good and sufficient sureties, to be approved by the county sheriff, and from and after the filing of the appeal bond, the same shall operate as a supersedeas. In case the owner of such stock be the appellant, the same shall be delivered to him. The county sheriff shall, after the appeal is taken, certify all the original papers in the case to the district court.
R.L. 1910, § 154. Amended by Laws 1968, c. 72, § 2.
§4-137. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-138. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.
§4-139. Controversy over partition fence - Application to fence viewers - Notice - Authority of viewers.
When a controversy arises between the respective owners about the obligation to erect or maintain a partition fence, either party may apply to the fence viewers, who, after due notice to each party, may inquire into the matter and assign to each his share thereof, and direct the time in which each shall erect or repair his share in the manner provided above.
R.L. 1910, § 157.
§4-140. Repair or reconstruction of fence by complainant - Recovery of value and viewers' fees from landowner - Interest.
If such fence be not repaired or built accordingly, the complainant may repair or rebuild it, and the same being adjudged sufficient by the fence viewers, and the value thereof, with their fees, being ascertained by them, and certified under their hands, the complainant may demand of the owner of the land where the fence was deficient, the sum so ascertained, and in case of neglect to pay the same, for one (1) month after demand, may recover it by civil action together with one percent (1%) a month interest thereon.
R.L. 1910, § 158.
§4-141. Fence viewers - Number - Qualifications - Appointment - Compensation.
Fence viewers herein designated shall consist of three (3) disinterested freeholders, one to be chosen by each of the interested parties, and the two so chosen shall choose the third person, and the three so chosen shall proceed to discharge the duties of fence viewers as herein provided. Such fence viewers to be allowed One Dollar ($1.00) per day each, to be paid by the interested parties: Provided, that if either party shall fail or refuse to appoint such fence viewers, as herein provided, within three (3) days after so requested to do by the other interested party, then the county sheriff shall, on application of the party making the request for fence viewers, appoint such fence viewer for such party so failing or refusing to appoint.
R.L. 1910, § 159. Amended by Laws 1968, c. 72, § 3.
§4-142. Fence repair.
All partition fences shall be kept in good repair throughout the year, unless the owners on both sides otherwise agree in writing.
R.L. 1910, § 160.
§4-143. Commons - Owners not required to fence - Lands enclosed or used otherwise than as commons - Duty to fence.
Any person not wishing his land enclosed, and not occupying or using it otherwise than as commons, shall not be compelled to contribute to erect or maintain any fence between him and an adjacent owner; but when he encloses or uses his land otherwise than as a commons, he shall contribute to the partition fences as in this article provided.
R.L. 1910, § 161.
§4-144. Severalty owned lands enclosed in common without partition fence - Division of fence line - Construction of fence.
When lands owned in severalty have been enclosed in common without a partition fence, and one of the owners is desirous of occupying his in severalty and the other refuses or neglects to divide the line where the fence shall be built, or refuses to build a sufficient fence on his part of the line, when divided, the party desiring it may have the same divided and assigned by the fence viewers, who may, in writing, assign a reasonable time within six (6) months, having regard for the season of the year, for making the fence, and if either party neglects to comply with the decision of the viewers the other, after making his own part, may make the other part and recover as hereinbefore provided.
R.L. 1910, § 162.
§4-145. Opening field for use as commons - Notice.
In the case mentioned in the preceding section, when one of the owners desires to throw open any portion of his field not less than sixteen (16) feet in width and leave it unenclosed to be used as a commons by the public, he shall first give the other party six (6) months' notice thereof.
R.L. 1910, § 163.
§4-146. Joinder to partition fence - Payment for or rebuilding of half of fence.
When land which has lain unenclosed is enclosed the owner thereof, before he join to any partition fence, already erected, shall pay for one-half (1/2) of each partition fence between his lands and the adjoining lands, the value to be ascertained by the fence viewers, and if he neglects for thirty (30) days after notice and demand to pay the same, the party to whose fence he joins may recover as before provided, or such person, enclosing such land, may, at his election, rebuild and make one-half (1/2) of the fence, and if he neglects so to do for two (2) months after making such election, he shall be liable as above provided.
R.L. 1910, § 164.
§4-147. Recorded fence division - Effect on owners and successors.
When a division of fence between the owners of improved land shall have been made, either by fence viewers or agreement in writing, and is recorded in the office of the county clerk of the county where the lands are, the owners and their heirs and assigns shall be bound thereby, and shall support them accordingly.
R.L. 1910, § 165.
§4-148. Application of term "owner".
In the provisions of this article relating to fences the term "owner" shall apply to the occupant or tenant where the owner does not reside in the county, but these proceedings will not bind the owner unless notified.
R.L. 1910, § 166.
§4-149. Fence or improvements on land of another - Removal - Damages - Notice to remove - Effect of nonremoval.
When a person has made a fence or other improvements on land, which, on afterwards making division lines, is found to be on the land of another, such person shall not remove such fence or other improvements, until he shall have paid to the owner of such land all damages by reason of such improvements or fence being so located, and if the person making such fence or other improvements fail to pay such damages and remove the said improvements within six (6) months after such division line has been established, and after having thirty (30) days' notice from the owner of said land to remove such fence or improvements, then said fence or improvements shall become a part of the real estate and belong to the owner thereof: Provided, that when the parties interested in such land and such fence and improvements cannot agree as to the amount of such damages, by reason of such improvements being upon the land of another, the fence viewers may determine the amount of such damages as in other cases.
R.L. 1910, § 167.
§4-150. Fence or improvements on land of another - When not removable.
But such fence or other improvement, except substantial buildings, shall not be removed if they were made of timber or other material taken from the land on which they lie, until the party pays the owner the value of the timber, or other material, to be ascertained by fence viewers, nor shall a fence be removed at any time when the removal will throw open or expose the crop of the other party, but it shall be removed in a reasonable time after the crop is secured, although six (6) months has passed.
R.L. 1910, § 168.
§4-150.1. Property line across an existing boundary or division line fence, notice to adjacent owner - Cause of action - Attorney fees.
A. If a survey obtained by a property owner reflects a property line across an existing boundary or division line fence, said property owner shall not damage or remove the existing fence or authorize the establishment, locating or relocating of any improvements, including utility installation on such property, until the adjacent property owner has been given notice. The notice shall include a copy of the survey, the nature of the relief requested, and notice that the court may award attorney fees and costs to the prevailing party if an action to establish title is filed by the requestor against the recipient. The notice shall be served in the same manner as provided for service of process in Section 2004 of Title 12 of the Oklahoma Statutes.
B. If no agreement has been reached by the adjoining property owners within thirty (30) days from receipt of the notice sent pursuant to subsection A of this section, the property owner may cause an action to be filed against the adjacent property owner in the district court in the county where the property is located to establish title to the parcel of property at issue. The district court shall enter such temporary relief as may be necessary to maintain the status quo during the pendancy of the action.
C. The prevailing party shall be entitled to an award of attorney fees and costs.
Added by Laws 2007, c. 165, § 1, eff. Nov. 1, 2007.
§4-151. Additional powers of fence viewers.
When any question arises between parties other than those stated, concerning their rights in fences or their duties in relation to building or maintaining or removing them, such question may be determined by the fence viewers.
R.L. 1910, § 169.
§4-152. Erection and removal of line fence.
A person building a fence may erect the same upon the line between him and the adjacent owners, so that the fence may be partly on one side and partly on the other, and the owner of such fence shall have the same right to remove it as if it were wholly on his land: Provided, that such fence is not more than five (5) feet from such line.
R.L. 1910, § 170.
§4-153. Legal proceedings or agreement not barred.
The foregoing provisions of this article, shall not bar any other legal proceedings, for the determination of the title of land, or dividing the line between contending owners, nor do they preclude agreement by the parties.
R.L. 1910, § 171.
§4-154. Lawful fence - Construction - Material - Height - Tightening.
A fence made of three rails of good substantial material, or three boards not less than six (6) inches wide and three-quarters (3/4) of an inch thick, such rails or boards to be fastened in or to