Lets look at some laws concerning
lost pets.Source-
http://www.animallaw.info/articles/ovuslostdog.htm
Legal & Historical Center
Publish Date: 2006
Place of Publication: Michigan State
University
College
of Lawn.
My beagle just ran away and she doesn’t have
any dog tags. What happens if someone else finds her?Unfortunately, this question does not
have an easy legal answer. Unlike cruelty laws or impound laws, no
state appears to directly address the issue of lost pets in its statutory
code. Indeed, while many states define dogs and cats as the personal
property of their owners by statute, these states exclude domestic animals
from their lost property statutes. This is ironic
considering the understood value we place upon companion animals in our
society and the level of regulation states apply to animals.
The common law (the law that developed
as a result of court decisions) generally holds that a finder of lost
property has rights superior to anyone else in the property,
except the true owner. Dogs and other companion animals
are considered the personal property of their owners. Thus, the
short legal answer to the question above provides that if a rightful owner
finds his or her dog, he or she then can assert ownership. The reality
that a court may consider other factors, such as how long the person who
finds the dog has cared for it, the efforts that have been made by the
original owner, and the relative "value" each party has invested in the dog
in terms of veterinary or other care.
One important distinction must be made
first when considering this legal question; that is, what is the status of
the "finder?"
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Interesting laws concerning lost
pets.
Hawaii-
http://www.animallaw.info/statutes/stushist143_1.htm#III
§ 143-10 Stray dogs.
Every person who takes into the person's possession any stray dog shall
immediately notify the animal control officer and release the dog to the
animal control officer upon demand. If there is attached to the dog a
license tag for the then current year, the animal control officer shall
notify in writing the person to whom the license was issued, at the address
given in the license certificate, and, upon demand made within twenty-four
hours thereafter and without charge, shall release the dog to the person. If
no person lawfully entitled to the dog, within nine days after the date of
giving the notice, shall claim the dog, the dog may be sold or destroyed by
the animal control officer in the manner provided in section 143-8 for
unlicensed dogs.
Maine-
http://www.animallaw.info/statutes/stusmest3401_4162.htm#s3913
Persons finding stray dogs. A person finding a stray dog
and taking control of that dog shall take that dog to its owner if known or,
if the owner is not known, to the animal shelter designated by the
municipality in which the dog was found.
Two things become apparent from these two statutes. First, both
states require that the dog is either returned to the owner or given to an
animal control officer or shelter. Second, these laws imply that the
finder cannot retain the dog and must turn it over to municipal
officials.
This issue is further muddied by the
fact that twenty states have enacted lost property statutes that set out a
procedure when lost property has been found. These statutes set out a
series of steps a finder must follow when coming upon lost property.
Despite the fact dogs are considered
personal property and no other statutes concern pets as lost property, these
provisions may not apply to companion animals. Of the
approximately twenty states and District of Columbia that have lost property
sections, two specifically exclude domestic animals from their application (New
York and
South Dakota). Those states that do
not explicitly exclude animals from their lost property statutes employ a
statutory procedure for finders of lost property.
Michigan-
http://www.animallaw.info/statutes/stusmist287_261_395.htm#s302
287.305 Lost dog; finder entitled to fee for keeping.
Sec. 5. Any person finding a dog registered under the provisions of this
act shall be entitled to the sum of 25 cents per day for boarding such dog,
such board to be paid by the owner. The commissioner of agriculture shall
furnish such finder with the name and address of the owner, upon request.
287.308 Stealing or holding dog in
possession; penalty.
Sec. 8. Any person who
shall steal or take without the consent of the owner and without lawful
authority, any dog registered under the provisions of this act, or any
person excepting dog wardens who shall harbor or hold in his possession any
stray dog of which he is not the owner and does not report such possession
to the sheriff of the county or the police department of the city in which
he is holding such dog within 48 hours after such person came in possession
of said dog, where the value of such dog shall not be in excess of $100.00,
shall be guilty of a misdemeanor, and where the value of such dog shall be
in excess of $100.00, shall be guilty of a misdemeanor and upon conviction
thereof shall be fined not less than $50.00 nor more than $500.00, or
imprisoned in the county jail for not more than 1 year, or both such fine
and imprisonment in the discretion of the court.
New York-
http://www.animallaw.info/statutes/stusnyagmktslaw106_126.htm#s113
§ 113. Change of ownership; lost or stolen dog
2. If any dog which has been assigned an official identification number is
lost or stolen, the owner of record shall, within ten days of the discovery
of such loss or theft file with the commissioner a written report of such
loss or theft. In the case of a loss or theft, the owner of record of any
such dog shall not be liable for any violation of this article committed
after such report is filed.
North Carolina
http://www.animallaw.info/statutes/statestatutes/stusncset.htm
NC ST
§ 130A-195
This
North Carolina statute provides that when quarantine has
been declared and dogs and cats continue to run uncontrolled in the area, any
peace officer or Animal Control Officer shall have the right, after reasonable
effort has been made to apprehend the animals, to destroy the uncontrolled dogs
and cats and properly dispose of their bodies.
NC ST
§ 160A-186
This
North Carolina statute provides that a city may by
ordinance regulate, restrict, or prohibit the keeping, running, or going at
large of any domestic animals, including dogs and cats. The ordinance may
provide that animals allowed to run at large in violation of the ordinance may
be seized and sold or destroyed after reasonable efforts to notify their owner.