Oklahoma § 4-703 - Holding periods

§ 4-703. Holding periods

A. Disaster animals taken from a disaster area or delivered to

an animal shelter following a Class #1 Event or Class #2 Event shall

be kept by the animal shelter that receives the disaster animals

according to the applicable holding period, unless the owner of the

disaster animals agrees otherwise in writing. After the applicable

holding period has passed for disaster animals, the animal shelter

has the authority to dispose of the disaster animals as allowed

under state law when there is no Class #1 Event or Class #2 Event,

unless the owner has an extension by contract with the animal

Oklahoma Statutes - Title 4. Animals

shelter for additional time. An owner who does not retake

possession of their disaster animals by the end of the applicable

holding period plus any extension by contract thereof has abandoned

the disaster animals, and any new owner shall have unencumbered

title to the disaster animals.

B. Holding periods:

1. Class #1 Event: Disaster animals brought in to an animal

shelter shall be kept by the animal shelter for a minimum of thirty

(30) days;

2. Class #2 Event: Disaster animals brought to an animal

shelter shall be kept for a minimum of thirty (30) days up to ninety

(90) days as determined by the State Veterinarian after photograph

and tracking information about the disaster animals sufficient to

give notice to owners is posted on an approved website. The holding

period for the animal shelter shall be six (6) months if posting on

an approved website does not occur. This requirement may be

modified by the State Veterinarian or as otherwise determined by the

State Veterinarian;

3. During the holding period, the animal shelter is fully

authorized to provide or arrange for necessary veterinary health

services that are in the best interests of the disaster animals as

may be determined by a veterinarian, up to and including humane

euthanasia. A disaster animal that exhibits ownership by the

presence of a tag or identification chip or was removed from a

private residence, including fenced adjacent land, may not be spayed

or neutered without the written permission of the owner unless it is

medically necessary as may be determined by a veterinarian;

4. During the holding period, an animal shelter may place a

disaster animal in a private home or other animal shelter either in

the state or out of the state so long as available tracking

information is kept and any transfer out of state is authorized by

the State Veterinarian. In no case shall title to a disaster animal

be awarded to a new owner until after the holding period has

expired, together with any extension by contract thereof;

5. If an owner of a disaster animal contacts an animal shelter

about disaster animals but is unable to assume possession of the

disaster animal by the end of the applicable holding period, the

owner may request the animal shelter to keep the disaster animal for

up to an additional thirty (30) days, if the owner is willing to pay

the cost of care as established by the animal shelter for the

disaster animal during an extension by contract. The animal shelter

may require payment of the costs as a condition of extending the

holding period. If by the end of the extension by contract the

disaster animal has not been reclaimed by the owner, the animal

shelter may treat the holding period as expired. The animal shelter

shall advise an owner of the dates of the required holding period

Oklahoma Statutes - Title 4. Animals

and opportunity for extensions by contract, if any owner inquiry is

made;

6. If an animal shelter becomes inoperative because of a Class

#1 Event or Class #2 Event, all the companion animals removed from

the animal shelter shall be treated as disaster animals by whoever

takes control of the companion animals, unless records that

accompany the shelter animals demonstrate that it was lawfully

permissible to transfer title to the shelter animals before a Class

#1 Event or Class #2 Event. If these records are available, then

the shelter animals shall not be treated as disaster animals;

7. If an owner of a disaster animal has contacted the animal

shelter responsible for the owner's disaster animal before the end

of the holding period to reclaim the disaster animal, but the animal

shelter or other possessor of the disaster animal refuses to return

the disaster animal, any transfer of title agreement by the animal

shelter to a new owner is voidable by court order; and

8. Prior to the scheduling of any adoption event for the

adoption of unclaimed disaster animals from a Class #1 Event or

Class #2 Event, the animal shelter shall notify the State

Veterinarian and request approval of the adoption event. Any

transfer of title agreement by the animal shelter to a new owner is

voidable by court order if the adoption event is not approved by the

State Veterinarian.

Added by Laws 2015, c. 304, § 3, emerg. eff. May 12, 2015.