(A) If a law enforcement officer has reason to believe that an animal has been abandoned or neglected in violation of 21 O.S. §§ 1685 or 1692 through 1700, 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 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 the owner of the animal has not abandoned or neglected the animal, the court shall order the animal returned to the owner.
(C) If the court finds that the owner of the animal has abandoned or neglected the animal, the owner shall be divested of ownership of the animal, and the court shall order:
(1) The ownership of the animal be transferred to a nonprofit animal shelter, pound or society for the protection of animals so that the animal may be sold or adopted; or
(2) The animal be humanely destroyed if the court determines that the best interests of the animal or that the public health and safety would be served by doing so.
(D) If the court finds that the owner of the animal has abandoned or neglected the animal, the court shall order the owner to pay all court cost, and 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.
(Ord. 2009-10, passed 5-18-09) Penalty, see § 10.99
Statutory-reference:
For similar provisions, see 4 O.S. § 512