Oklahoma § 4-85.5 - Duties of peace officer

§ 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

Oklahoma Statutes - Title 4. Animals

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.