“The 200,000 law”

posted September 7th, 2010 by
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Abandoned puppy

“The 200,000 law,” refers to a little known law in Oklahoma that limits the ability of counties with populations under 200,000 to address animal welfare and animal control issues. 74 out of Oklahoma’s 77 counties have populations totaling under this number. Towns and cities within all 77 counties may have animal control facilities; however the surrounding county (unincorporated areas) may not. This law affects a large number of households across the state.  For example, Creek County neighbors Tulsa on the west.  Four towns in Creek County have public animal shelters (Bristow, Drumright, Oilton and Sapulpa) yet the populations of those towns represent only 40% of those living in Creek County; those who live, “in the county,” have no access to a shelter. Creek County has a population of 68,794.  Almost 50% of Oklahomans do not have access to an open access shelter.

This arbitrary restriction on codifying animal welfare and control creates a tragedy that many Tulsa Pets Magazine readers, and certainly most rescue organizations, are familiar with—abandonment, shooting and neglect often become the norm. Unwanted dogs and cats are, literally, left out in the cold.

Abandoned dog in Creek County

And while shelters are a band-aid, not a solution, prohibiting 74 counties from “erecting needful pens…,” (as per the statute), is also not a solution; it creates a statewide mess.  Dogs and cats starve, some become cruelty victims; most die unaccounted for.   A lot of Oklahomans want that to change.

The difficulty in addressing animal welfare/control issues is exacerbated by the spirit of a law which prohibits taking the first step to deal with these issues.  Adding to the conundrum are the facts that basic record keeping in animal sheltering is not mandatory, the state sterilization law actually lacks a penalty if it is violated and our humane euthanasia law exempts cities under 10,000 from mandatory compliance; this exempts over 80% of our municipalities from compliance with this statute.  This means, in effect, that a county may not create infrastructure to assist a homeless dog, while a town within that county may impound and then shoot the dog, and it not even compelled to account for the action that was taken.  This is unacceptable.

During the last legislative session the Oklahoma State Senate voted to eliminate the population restriction, but a one day lobbying blitz by the Association of County Commissioners of Oklahoma turned the success around, kicking homeless dogs and cats to the curb.  If you feel that our legislators should remove the population restriction in the upcoming session, let them know.  Let your county commissioner know how you feel.  Currently all counties are members of ACCO.

If you have rescued an abandoned dog or cat (or other animal), if you have been the victim of a pack of dogs resulting from abandonment, or are familiar with any cruelty case involving an abandoned stray, please let your state senator and county commissioner know of your experience. Include pictures of the animal or damage.  You can find your state representatives here:  www.lsb.state.ok.us   

Homeless pets need the safety net of a shelter and accountability; they do not deserve to be punished twice.   Please feel free to share your thoughts or experiences with this blog.

   

 

 

 

 

 

Title 4. Animals

Oklahoma Statutes Citationized
   Title 4. Animals
     Chapter 3 – Dogs
         Section 43 – Counties With Population over 200,000
Cite as: O.S. §, __ __


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.

Historical Data


Laws 1959, p. 25, § 1.

Citationizer© Summary of Documents Citing This Document


Cite Name Level  
Oklahoma Court of Civil Appeals Cases
  Cite Name Level
  1993 OK CIV APP 38, 849 P.2d 1106, 64 OBJ 1112, Hass v. Money Cited

Citationizer: Table of Authority

FOCUS OKLAHOMA

Statistics On

Companion Animal

Sheltering In Oklahoma

 

Population of Oklahoma: 3,523,553

Total population served by animal control: 2,372,182

 

- Ruth Steinberger

Overall percentage served by animal control: 67.3%

Oklahoma population with Tulsa and Oklahoma counties removed: 2,273,590 (3,523,553 – 1,249,963)

Population served with Tulsa and Oklahoma counties removed: 1,122,219 (2,372,182- 1,249,963)

Percentage of Oklahoma served by animal control outside of Tulsa and Oklahoma counties: 49.3%

Population in the Oklahoma panhandle (Beaver, Cimarron, Texas counties): 28,667

Population served by animal control in the Oklahoma panhandle: 14,467

Percentage served by animal control in the Oklahoma panhandle: 50.4%

Population in southeastern Oklahoma (Atoka, Bryan, Choctaw, Coal, Haskell, Hughes, Johnston, Latimer,

LeFlore, McCurtain, Marshall, Pontotoc, Pushmataha counties): 241,257

Population served by animal control in southeastern Oklahoma: 86,892

Percentage served by animal control in southeastern Oklahoma: 36%

Population in rural northeastern Oklahoma (Adair, Cherokee, Craig, Creek, Delaware, Logan, Mayes,

Osage, Ottawa, Wagoner, Washington, counties): 358,301

Population served by animal control in northeastern Oklahoma: 153,239

Percentage served by animal control in northeastern Oklahoma: 42%

Population in southwestern Oklahoma (Beckham, Carter, Caddo, Comanche, Cotton, Garvin, Grady, Greer,

Harmon, Jackson, Jefferson, Kiowa, Love, Murray, Stephens, Tillman, Washita counties): 426,339

Population served by animal control in southwestern Oklahoma: 259,549

Percentage served by animal control in southwestern Oklahoma: 60.8%

Population in northwestern Oklahoma (Alfalfa, Blaine, Canadian, Custer, Dewey, Ellis, Garfield, Grant,

Harper, Kingfisher, Logan, Major, Roger Mills, Woods, Woodward counties): 300,347

Population served by animal control in northeastern Oklahoma: 156,757

Percentage served by animal control in northeastern Oklahoma: 52.1%

Data compiled by Ruth Steinberger, Coordinator

Tabulations assisted by Tara Beres, Director, Safe Haven Center, Oklahoma City, OK, 405-821-7367

 

 

  

 

 

The following list shows each county in Oklahoma, its’ population,

and each town within that county that has a mechanism for

handling unwanted dogs, or “animal control”; the population of each

town with “animal control” is included beside the name of the town.

When added together, the populations of the towns reveal the

number of residents of the entire county that can humanely release

an unwanted animal. When divided by the overall population, that

figure reveals the percentage of the population that has such

access and the percentage that does not.

This information was gathered by contacting county clerks and

sheriff’s offices, and following those calls with calls to individual

municipalities. Despite our best efforts, we estimate that some

facilities were missed.

In rural places the information can be rather fluid. Animal control

services may be interrupted when an animal control officer vacates

their job. A few officers without shelters simply take animals home.

Contractual live animal removal services range from apparently

legitimate private services, to a, “man who comes and gets dogs.”

Between one third and one half of the municipal facilities collect

strays only, refusing owner surrenders. Outside of large shelters,

very few accept cats. Limited accurate euthanasia records may be

available (based on method, or combination of methods, and

therefore payment), but accurate records of animals entering and

leaving the shelters alive are actually rare outside of shelters in

larger municipalities.

We estimate less than one fifth of rural shelters comply with the

state law requiring sterilization of shelter animals. A lack of

shelters causes some officers to rely on unacceptable “rescue”

channels, an issue tied to several large-scale removals in the last

two years, including notorious ones in Stigler and Vici.

Animal disposal in places without shelters (which includes over half

of rural Oklahoma) includes abandonment, shooting and drowning.

A limited number of unwanted, but “adoptable,” animals go into

private shelters. For older, large, sick, or ugly dogs, and cats, there

is virtually no place of refuge.

Most importantly, the focus of most rural services is to eliminate

nuisance animals. Animal welfare is occasionally significant to

individual officers; this seems to be strengthened if the officer has

the assistance and support of local humane volunteers.

Thank you very much for your interest in this information.

Ruth Steinberger and Tara Beres

      

1. Adair County, 21,657

Stilwell, 3,276

Westville, 1,596

Served, 22%

Unserved, 78%

2. Alfalfa County, 5,810

0 served

3. Atoka County, 11,142

Atoka City 2,882

Served, 27%

Unserved 73%

4. Beaver County, 5,474

Beaver, 1,570

Forgan, 532

Served, 38%

Unserved, 62%

5. Beckham County, 21,136

Elk City, 10,510

Eric, 1,023

Sayre, 4,114

Served, 74%

Unserved, 26%

6. Blaine County, 11,290

Watonga, 4,658

Served, 41%

Unserved, 59%

7. Bryan County, 37,306

Durant, 13,648

Calera, 1,739

Served, 41%

Unserved, 59%

8. Caddo County, 30,167

Anadarko, 6,645

Apache, 1,616

Hinton, 2,175

Served, 34%

Unserved, 66%

9. Canadian County, 95,505

El Reno, 16,212

Union City, 1,375

Mustang, 13,156

Yukon, 21,043

Piedmont, 3,650

Okarche, 1,110

Calumet, 535

Geary, 1,258

Served, 61%

Unserved, 39%

 

10. Carter County, 47,087

100% served

11. Cherokee County, 44,106

Tahlequah, 14,458

Served, 32%

Unserved, 68%

12. Choctaw County, 15,431

Hugo, 6,638

Served, 43%

Unserved, 57%

13. Cimarron County, 2,897

Boise City, 1,483

Keyes, 410

Served, 65%

Unserved, 35%

14. Cleveland Co., 222,074

Norman, 95,694

Moore, 41,138

Lexington, 2,086

Noble, 5,260

Served, 64%

Unserved, 36%

15. Coal County, 6,031

Coalgate, 2,006

Served, 33%

Unserved, 67%

16. Comanche Co., 110,514

Lawton, 92,757

Served, 84%

Unserved, 16%

17. Cotton County, 6,514

Walters, 2,657

Served, 40%

Unserved, 60%

18. Craig County, 14,873

Vinita, 6,472

Ketchum, 286

Blue Jacket, 274

Served, 47%

Unserved, 53%

19. Creek County, 68,794

Bristow, 4,325

Sapulpa, 19,166

Drumright, 2,905

Oilton, 1,099

Served, 39%

Unserved 61%

20. Custer County, 25,230

Arapaho, 748

Clinton, 8,833

Weatherford, 9,859

Served, 74%

Unserved, 26%

21. Delaware County, 39,088

Grove, 5,131

Served, 13%

Unserved, 87%

22. Dewey County, 4,667

0 served

23. Ellis County, 3,932

Shattuck, 1,274

Arnett, 520

Gage, 429

Fargo, 326

Served, 64%

Unserved, 38%

24.Garfield County, 57,282

Enid, 46,436

Served, 81%

Unserved, 19%

25. Garvin County, 27,229

Paul’s Valley, 6,256

Served, 23%

Unserved, 77%

26. Grady County, 48,176

Chickasha, 15,850

Served, 32%

Unserved, 68%

27. Grant County, 4,824

0 served

28. Greer County, 5,713

Granite, 1,844

Mangum, 2,924

Served, 83%

Unserved, 17%

29. Harmon County, 2,997

Hollis, 2,264

Served, 75%

Unserved, 25%

30. Harper County, 3,397

0 served

31. Haskell County, 12,088

Stigler, 2,731

Served, 22%

Unserved, 78%

32. Hughes County, 14,016

Holdenville, 4,732

Served, 33%

Unserved, 67%

33. Jackson County, 27,182

Altus, 21,447

Served, 78%

Unserved, 22%

34. Jefferson County, 6,460

Waurika, 1,988

Served, 30%

Unserved, 70%

35. Johnston County, 10,522

Tishomingo, 3,182

Served, 30.2%

Unserved, 69.8%

36. Kay County, 47,260

Ponca City, 25,919

Fairfax, 1,666

Served, 57%

Unserved, 43%

37. Kingfisher County, 14,176

Kingfisher, 4,380

Served, 31%

Unserved, 69%

38. Kiowa County, 9,879

Hobart, 3,997

Mountain View, 880

Served, 49%

Unserved, 51%

39. Latimer County, 10,647

Wilburton, 2,972

Served, 28%

Unserved, 72%

40. LeFlore County, 21,614

Panama, 1,362

Poteau, 7,939

Spiro, 2,227

Talihina, 1,211

Served, 59%

Unserved, 41%

41. Lincoln County, 32,386

Stroud, 2,758

Chandler, 2,842

Served, 17%

Unserved, 83%

42. Logan County, 36,301

Guthrie, 9,925

Served, 27%

Unserved, 73%

43. Love County, 9,133

Marietta, 2,445

Served, 27%

Unserved, 73%

3

44. Major County, 7,363

Fairview, 2,733

Served, 37%

Unserved, 67%

45. Marshall County, 21,657

Madill, 3,410

Served, 16%

Unserved, 84%

46. Mayes County, 39,274

Adair, 704

Pryor, 9,000 (+/-)

Salina, 1,422

Served, 28%

Unserved, 72%

47. McClain County, 29,070

Purcell, 5,571

New Castle, 5,434

Served, 38%

Unserved, 62%

48. McCurtain County, 34,046

Idabel, 6,952

Broken Bow, 4,230

Served, 33%

Unserved, 67%

49. McIntosh County, 19,939

Checotah, 3,481

Eufaula, 2,639

Served, 31%

Unserved, 69%

50. Murray County, 12,682

Davis, 2,610

Sulphur, 4,794

Wynnewood, 2,367

Served, 77%

Unserved, 23%

51. Muskogee Co., 70,626

Ft. Gibson, 4,054

Muskogee, 38,310

Porum, 725

Porter, 574

Served, 55%

Unserved, 45%

52. Noble County, 11,233

Perry, 5,230

Served, 46%

Unserved, 54%

53. Nowata County, 10,717

Nowata, 3,971

Delaware, 456

Lanapi, ?

Served, 50%

Unserved, 50% (est.)

54. Okfuskee County, 11,814

Okemah, 3,038

Served, 26%

Unserved, 74%

55. Oklahoma Co., 680,815

100% served

56. Okmulgee County, 39,681

Okmulgee, 13,022

Henryetta, 6,096

Served, 48%

Unserved, 52%

57. Osage County, 45,181

Hominy, 2,584

Pawhuska, 3,629

Skiatook, 5,396

Served, 26%

Unserved, 74%

58. Ottawa County, 32,737

Miami, 13,704

Served, 42%

Unserved, 58%

59. Pawnee County, 16,834

Pawnee, 2,230

Served, 13%

Unserved, 87%

60. Payne County, 69,675

Cushing, 8,371

Perkins, 2,272

Stillwater, 39,065

Served, 71%

Unserved, 29%

61. Pittsburg County, 43,950

100% served

62. Pontotoc County, 35,007

Ada, 15,691

Served, 45%

Unserved, 55%

63. Pottawatomie Co, 67,111

Shawnee, 28,692

McLoud, 3,548

Tecumseh, 6,098

Served, 57%

Unserved, 43%

64. Pushmataha Co, 11,750

Antlers, 2,662

Clayton, 678

Served, 28%

Unserved 72%

65. Roger Mills County, 3,259

Cheyenne, 778

Served, 24%

Unserved, 76%

66. Rogers County, 79,042

Claremore, 15,873

Served, 20%

Unserved, 80%

67. Seminole County, 24,679

Seminole, 6,899

Wewoka, 3,562

Served, 42%

Unserved, 58%

68. Sequoyah County, 40,578

Sallisaw, 7,989

Vian, 1,362

Muldrow, 3,104

Served, 30.7%

Unserved, 69.3%

69. Stephens County, 42,826

Duncan, 22,505

Served, 53%

Unserved, 47%

70. Texas County, 20,296

Guymon, 10,472

Served, 52%

Unserved, 48%

71. Tillman County, 8,785

Frederick, 4,637

Grandfield, 1,110

Tipton, 916

Served, 76%

Unserved, 24%

72. Tulsa County, 569,148

100% served

**73. Wagoner Co., 63,054

Wagoner, 7,669

Coweta, 7,139

Porter, 574

Served, undetermined

**Unserved, undetermined

74. Washington Co., 49,027

100% served

75. Washita County, 11,709

Burns Flat, 1,782

Cordell, 2,867

Canute, 524

Sentinel, 859

Served, 51%

Unserved, 49%

4

76. Woods County, 8,570

Alva, 5,288

Served, 62%

Unserved, 38%

77. Woodward Co., 18,741

Woodward, 11,853

Served, 63%

Unserved, 37%

** Broken Arrow, population

74,859, has a shelter and is

located partially in Tulsa

County and partially in

Wagoner County.

 

 

 

 

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