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Old 06-06-2014, 07:06 AM   #1
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Default legal responsibility when finding a dog

There has been a lot of discussion on here recently (sometimes heated) about what to do when finding a lost dog with no tags/microchip. It got me interested in looking at the legal responsibilities when finding or taking in a dog. Someone on another post said something about you are legally responsibly to seek out the owners. When I looked online the only thing I saw was you are legally responsible to contact animal control within a certain amount of time (I think 48 hours). Not sure if this is different from state to state. It is then the responsibility of the owner to seek out their dog. That being said, many would say there is a moral responsibility to seek out the owners. If someone was to take the dog to an animal shelter, I know they would not put up fliers, canvas neighborhoods, or go on craigslist to find the owner. They will wait for the owner to contact them, and if not, adopt the dog out (or euthanize).


Just wanted to see if anyone else has information about legal rights and responsibilities regarding lost dogs in their state to share with the forum.
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Old 06-06-2014, 07:31 AM   #2
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Good post !

I honestly don't know of any laws in AZ, but perhaps there are some. I totally agree with you in saying that it is a moral and ethical responsibility to find the owner UNLESS there is some clear irrefutable evidence that the dog was abused and/or was used as a fighting dog. And there are some cases in which you could have irrefutable evidence.

I believe in fully trying to find the owner in almost all cases by notifying certain agencies, posting on Craigs and checking Craig's Lost ads, and by putting up posters in the area. After that and after a certain amount of time has passed, decisions have to be made in my mind. At that point, I usually contact rescues to see if they'll help me find a home for the pup, even if the pup is still fostered/living with me. I hesitate to surrender most pups to our pound bc of our very high euthanasia rate (Phoenix metro kills 66,000+ animals a year).
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Old 06-06-2014, 08:29 AM   #3
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And while I have been posting about the lost dog I've found, I've had all kinds of issues with people trying to false claim her. So far, three different people have tried to claim her. None have pictures. One couldn't tell me the breed. The other said it was a boy (it's a girl). I spoke with local law enforcement and they said the burden of proof lies with the owner. If it's truly missed the owner will post and will look for the lost dog.
So now...I wait and see. I just want her taken care of.
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Old 06-06-2014, 08:42 AM   #4
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Originally Posted by tassibo View Post
And while I have been posting about the lost dog I've found, I've had all kinds of issues with people trying to false claim her. So far, three different people have tried to claim her. None have pictures. One couldn't tell me the breed. The other said it was a boy (it's a girl). I spoke with local law enforcement and they said the burden of proof lies with the owner. If it's truly missed the owner will post and will look for the lost dog.
So now...I wait and see. I just want her taken care of.




I think I would want to see a picture for proof unless there is some very specific feature on the dog they can describe. Like on my pup, she has two white nails on her back foot all the rest are black. I would think any dog owner would have at least one recent picture of their dog. I know it must be frustrating with people claiming a dog is theirs when it's not. Too many untrustworthy people out there.
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Old 06-06-2014, 09:14 AM   #5
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I've had a couple of issues with the lost and found pets in my area lately. Granted the found dogs usually don't have ID tags and they aren't chipped. I've seen where the finder will give the dog to a relative just because the relative comments that they would like to have it. I don't think that flyers have been posted or that anything else has been done to locate the owner. The only thing that I'm aware of is that the finder has posted on a lost and found page on FB. The owner might not see that FB page, flyers weren't posted at the local vets, etc. To give the dog away without trying to find the owner, in my opinion, is wrong. Especially giving the dog to a relative.
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Old 06-06-2014, 09:17 AM   #6
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This site has some good information on what to do if you find a stray/lost pet.




What to Do If You Find a Stray Pet : The Humane Society of the United States
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Old 06-06-2014, 09:18 AM   #7
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Quote:
Originally Posted by kreuer View Post
There has been a lot of discussion on here recently (sometimes heated) about what to do when finding a lost dog with no tags/microchip. It got me interested in looking at the legal responsibilities when finding or taking in a dog. Someone on another post said something about you are legally responsibly to seek out the owners. When I looked online the only thing I saw was you are legally responsible to contact animal control within a certain amount of time (I think 48 hours). Not sure if this is different from state to state. It is then the responsibility of the owner to seek out their dog. That being said, many would say there is a moral responsibility to seek out the owners. If someone was to take the dog to an animal shelter, I know they would not put up fliers, canvas neighborhoods, or go on craigslist to find the owner. They will wait for the owner to contact them, and if not, adopt the dog out (or euthanize).


Just wanted to see if anyone else has information about legal rights and responsibilities regarding lost dogs in their state to share with the forum.
You are LEGALLY RESPONSIBLE for looking for an owner. It is call Finder Law of Lost Chatties which isn't necessarily law on the books and could be a common law principle of finders of lost chattles (money or goods).

Let's say you have a boat and it gets away from your slip and ends up over in the neighbors slip. That does not mean that the boat is now your property. It belongs to someone and needs to be returned. A found dog is the exact same thing since animals are considered PROPERTY! So a reasonable effort needs to be made to find the owners. Here's another example: I found a bag of money on the side of the road and took it home and said it was mine.....finders keeper losers weepers......

You do not need to turn a lost dog into animal control but you do need to notify them if an owner is looking they will know where to find the dog.

As I said above, Finders Chatties is a very broad area and include property that would include lost animals as well.
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Old 06-06-2014, 09:34 AM   #8
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Originally Posted by megansmomma View Post
You are LEGALLY RESPONSIBLE for looking for an owner. It is call Finder Law of Lost Chatties which isn't necessarily law on the books and could be a common law principle of finders of lost chattles (money or goods).

Let's say you have a boat and it gets away from your slip and ends up over in the neighbors slip. That does not mean that the boat is now your property. It belongs to someone and needs to be returned. A found dog is the exact same thing since animals are considered PROPERTY! So a reasonable effort needs to be made to find the owners. Here's another example: I found a bag of money on the side of the road and took it home and said it was mine.....finders keeper losers weepers......

You do not need to turn a lost dog into animal control but you do need to notify them if an owner is looking they will know where to find the dog.

As I said above, Finders Chatties is a very broad area and include property that would include lost animals as well.




Thanks for the info. Do you have a link you can share about the Finder Law of Lost Chatties? I couldn't find anything when I googled it. Thanks.
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Old 06-06-2014, 09:39 AM   #9
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[QUOTE=tassibo;4446344]And while I have been posting about the lost dog I've found, I've had all kinds of issues with people trying to false claim her. So far, three different people have tried to claim her. None have pictures. One couldn't tell me the breed. The other said it was a boy (it's a girl). I spoke with local law enforcement and they said the burden of proof lies with the owner. If it's truly missed the owner will post and will look for the lost dog.
So now...I wait and see. I just want her taken care of.[/QUOTE]

And what if you found out she wasn't being taken care of? Legally, she still belongs to that owner and if you chose to keep her because you didn't approve of the circumstances that she was being kept in, you could be charged with a crime.

I understand that you want what is best for the dog and I appreciate that you are taking care of her, but you have to go about this the right way.
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Old 06-06-2014, 09:39 AM   #10
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Laws vary by state. Just look up lost chattels law on google. It's old common law "chattles justly possessed cannot be lost" which means if I own it, it's NOT yours.
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Old 06-06-2014, 09:43 AM   #11
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Thanks for the info. Do you have a link you can share about the Finder Law of Lost Chatties? I couldn't find anything when I googled it. Thanks.
Here you go:
Wisconsin Strays and Lost Chattels
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Old 06-06-2014, 09:45 AM   #12
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Laws vary by state. Just look up lost chattels law on google. It's old common law "chattles justly possessed cannot be lost" which means if I own it, it's NOT yours.
According to some people if you pick up a lost dog, deem it neglected you get to pass judgment and keep it for yourself. Ya know that Finders Keepers Losers Weeps rule
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Old 06-06-2014, 10:04 AM   #13
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I just want to make sure people read the laws for their state when finding a lost pup.... and do the right thing morally. They could be charged with a crime if they don't, at the very least, report the missing dog to the proper authority. Yes, you may be taking great care of the dog, but it's still not yours. Some loving family may be out there missing their dog. (This is not directed at anyone, just info for anyone who finds a dog to keep in mind). Also, to keep in mind, if you put money into caring for the dog like food, vet, etc, I'm pretty sure if the owner claims the dog they are not required to reimburse those fees.
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Old 06-06-2014, 10:15 AM   #14
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I just want to make sure people read the laws for their state when finding a lost pup.... and do the right thing morally. They could be charged with a crime if they don't, at the very least, report the missing dog to the proper authority. Yes, you may be taking great care of the dog, but it's still not yours. Some loving family may be out there missing their dog. (This is not directed at anyone, just info for anyone who finds a dog to keep in mind). Also, to keep in mind, if you put money into caring for the dog like food, vet, etc, I'm pretty sure if the owner claims the dog they are not required to reimburse those fees.

You are exactly correct! A lost dog does not have the capability to tell you their address and phone number do they are reunited with their owners. If you take a dog off the street to remove it from harms way you are also taking away their ability to be found by their rightful owners. So you need to take appropriate steps to let that owner know that you have their pet.

A few years ago, there was a woman that posted here about a yorkie she had found by a creek behind her home. She CAPTURED it with a TRAP and then refused to look for the owners or to give her phone number out. I offered to place CL ads in her area and used my email and phone number as a contact which she agreed to doing. She kept it in her barn on a leash for a day or so and then within 2 days she rehomed it to a family that lived 25 miles away! That is just so wrong and I was so upset at the time. She made no effort and kept the poor dog a prisoner in her barn unable to be seen by anyone looking for the poor little guy. She was too far away from me so it wasn't like I was able to go and get him myself and make a real effort and because she wouldn't even give me her phone number I could only reach her through email. It was just a horrible experience that still bothers me to this day.
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Old 06-06-2014, 10:34 AM   #15
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If by chance my dogs get out, please make every effort to find me...they are not yours to keep...you will never know how grateful I am, but again, they are my dogs. I love them more than anything, be assured that they love me. They can both look neglected and uncared for after a short time on their own. But they are not yours, this is not a losers, weepers, finders, keepers game. They live, they breath...they are mine.
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