Oklahoma § 4-47 - Confiscation of dangerous dog - Purpose of act - Other

§ 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

Oklahoma Statutes - Title 4. Animals

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.