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October 2015 Will County Spay Illinois


Pet owners in Will County are in for a real treat this October because once again, we’re offering discounted spay and neuter for ALL pet owners in Will County, all month long. Call Spay Illinois as soon as possible at (877) 475-7729 to receive incredibly affordable spay and neuter for your cats and dogs. We will require a photo ID as proof of residency at check out and this offer is limited to 2 pets per household. We highly encourage pet owners to take advantage of this opportunity to make the healthy choice for your pets. No tricks here, just treats. #WillCounty #SpayNeuterSavesLives

Please share widely so we can be sure to spread the word to as many pets in need as possible!

Illinois Petco Foundation Food Banks


“Pets provide stability for their families during trying times. Unfortunately, during financially stressful times, often the pet is the first that is sacrificed in order to be able to afford food to feed the family. Our nation has risen admirably to the plight of impoverished families who need to be fed and there are food banks in nearly every major city to help with this crisis. At the Petco Foundation we wanted to build upon this generous spirit. Many families have been sharing their own food bank portions with their extended family members, and those that can’t make the food stretch make the painful decision to relinquish their family pet. To combat this growing issue, many food banks across the nation have added pet food and litter to their pantries.

The Petco Foundation has expanded our We Are Family Too program to include a Food Bank Collection Program in our Petco stores nationwide. This program was specifically created to support food bank’s inventory of pet food/litter to assist people in financial crisis feed their pets.”

Illinois Food Banks funded by Petco Foundation

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Cook County 2015 Micro-Chip Clinic Dates

In order to provide individual attention and assure national registry, low cost micro-chip implantation will be available on two dates in 2015.  No rabies vaccines will be given on these dates to allow total attention to those receiving micro-chips.  The cost of the micro-chip and implantation remains at the same low fee of $10 per animal (cash or check only).  They will assist you in filling out the registration for national registry for complete protection of your pet and provide mailing receptacles for the most rapid registration process.   National registration is $19.95 per animal for the life of the animal with no annual fees (checks, money orders and credit card accepted for national registry)

Where:                                Cicero Community Park

34th Court and Laramie

Cicero, IL

Dates:                                   July 16, 2015

August 13, 2015

Time:                                    10:00 am – 2:45 pm

Cook County 2015 Rabies Vaccine Clinic Dates

Cook County’s low cost clinic services will be offered starting late March and running through early October. The mobile clinics will operate at various locations throughout the County. Clinic hours are 10:00 am until 2:45 pm. There will be no micro-chips done at these clinics.

SAFEGUARDS TO PROTECT ANIMALS DURING 2015 RABIES VACCINE CLINICS

• No retractable leashes will be allowed. All dogs must be on leashes of no longer than 6 feet long.

• Maintain a distance of 3 feet between each animal

• Owners must provide own muzzles if required.

• No animal socialization will be allowed.

• No petting of animals other than your own.

• Dogs showing signs of any respiratory disease will be isolated for vaccination. They will be prohibited from standing in line.

• Families with multiple animals should bring enough capable family members to have one individual securing the paperwork while another individual presents the animals for vaccines one at a time at the area designated by the veterinarian.

• Handling of animals must be self-sufficient by a competent adult greater than 18 years of age. County Animal Control personnel will not be allowed to handle leashes, hold or move cages, assist in handling animals restraint or touch animals or animal equipment of any kind.

• Water for pets must be supplied by owner.

• Waste removal bags must be provided by the owners.

Lowcostvaccines2015

2015-CC Rabies-Clinic-ScheduleA

Bringing a New Dog Home!

by
October 5, 2014

Planning On Bringing a New Dog Home?

Or perhaps you’ve already brought a new dog home and are having problems?

There are several things to consider when bringing a new dog home and I’m here to tell you about a way you can make adjusting easier.

Stacie Sparks is the person I originally heard about the “Two Week Shutdown” from and she deserves much of the credit for our promoting this method. It WORKS and it’s something everyone needs to keep in mind, especially those with multi-dog homes.

What IS the Two Week Shutdown?

Here’s a break down of the basics

A very brief overview of the Two Week Shutdown is this:

Your new dog needs time to adjust and there are many scenarios that people put their new dog through that only encourage negative behaviors to surface. Dogs may be resilient creatures, but they do also need to know that we are in control of situations, that we will protect and provide for them, and give them clear expectations and routines to follow.

Two weeks is just a guideline. Most dogs advance faster but depending on the individual dog and how closely you follow the guidelines, it may take longer.

The Items You’ll Need for Success! – Read the item descriptions on WHY you need these!

Midwest Life-stages 36-by-24-by-27-inch Single-door Folding Metal Dog Crate

This will be your dog’s safe zone; the place your dog can retreat to when they need quiet time.

Guardian Gear 6-Feet Cotton Web Dog Training Lead, Red

You can find these in different lengths but 20 ft is pretty standard and really helps you to let the dog run about while still maintaining control.

Cardinal Laboratories Pet Botanics Grain-Free Rolled Dog Food, 4-Pound, Lamb

These food rolls make EXCELLENT training treats! You can cut up the rolls into slices or into little pieces – any size you want! They’re also quick to consume for the dog and a good, QUALITY item to feed your pooch!

What Does The Two Week Shutdown Mean To Me?

When you bring home a new dog, young or old, we KNOW you are so excited and you want to share your new addition with everyone you can!

Did you know that by taking your dog to pet stores, friends and families homes, dog parks, pet events, or other really busy, social settings, you may inadvertently be telling your dog to act out?

Think about this: the majority of us when put into new situations do not put all of ourselves out there. We put forth what we want people to see or think they want to see. Also, we are much more likely to withdraw from situations that make us uncomfortable. What would you do if you were on a date with someone new and they took you to meet their family who constantly hugged you, kissed you, or otherwise invaded your space? What would you do if they then took you to meet all their friends and they did the same? Would you consider your date sane? Would you consider your date someone you could trust? Sure, you liked them initially to go out with them on a first date, but wouldn’t their actions throughout that first date dictate whether you would see them again? Would you see them again if they put you in so many situations that made you uncomfortable? Consider this as well; say you had to go live with a new family who spoke a language you didn’t understand. You’ll be reserved, perhaps a bit detached. What if they doted on you, as a new family member, speaking to you in a language you don’t understand, expecting you to interact with all their family members and friends? Would you feel comfortable? Would you want to retreat to a safe place? Would you know where a safe place was? Would they give you one?

Things many people forget is that we expect our new dogs to be so accepting of everything and we put them in these very similar situations and then become alarmed when they “act out.” Your new dog is acting out or misbehaving because they don’t view you as the decision maker. Remember, to them, you are putting them in situations that make them feel uncomfortable.

Keep reading to find out how to help your dog adjust and begin to view you as the decision maker of the home and to help them put their trust in YOU, where it belongs!

So, How Do I Get Started?

Even if you’ve had your dog a few days and are beginning to notice some issues behaviorally, you can still start fresh and get them started on the shutdown.

Some things you want to keep in mind with your new dog when you first get them:

    1. A tired dog is a happy dog! Exercising your dog(s) regularly and thoroughly will help ensure they relax into their new household a little easier. Without that pent up energy, they’ve GOT to relax! However!
    2. Do not take them on walks yet. Walks provide an overabundance of stimulation and there are many variables you may encounter that you need that trust built FIRST before subjecting them to those new situations. Instead, exercise your dog in the yard on a long lead (20ft plus) and spend some time getting to know one another 🙂
    3. Do not take them to pet stores, dog parks, other people’s homes, etc. Again, these situations provide an overabundance of stimulation that your dog needs to have the trust built in you for YOU to handle the situation so they don’t have to.
    4. Keep them leashed to you at ALL times when they are not crated. Yes, even in the house and yes, even if you have a fully fenced yard. Why? It builds the precedence with them that YOU are the bringer of everything in life. Additionally, keeping them leashed to you keeps them from getting in trouble. If they aren’t housetrained, they can’t very well go run out of your line of sight and have an “accident” if you have them leashed to you huh? Or, if someone new comes in the home, keeping them leashed to you can help prevent them reinforcing undesirable behaviors like jumping on people. When the dog is leashed to you, YOU are in control. The dog WILL begin to understand this.
    5. Do not allow your new dog and your existing pets into a 24/7 free for all. Remember, your existing pets don’t know this new “intruder” and the new dog doesn’t know the routine of the home and what’s permissible. Setting a routine with the new dog first, without the full distraction of other pets will make life 1000 times easier when you begin integrating them.
    6. Do not allow your new dog furniture privileges. They haven’t earned them yet. Create a spot for them to be when they are out lounging around in each room. Furniture privileges can be given later on down the road if you so please 🙂

The Basics

When bringing your new dog home, give them a brief tour of their primary living area or the places they will be most often. Now, it’s crate time! It’s time to give the dog some time to itself to take in everything that’s happened thus far.

The crate will be used as a tool in the shutdown, not as a prison. Think of it more like their safe place. Sure, some may cry initially but with positive reinforcement (yummy crate-only treats, no coddling, etc.) they’ll learn to accept their time alone and realize, it’s not so bad! Something to remember is to NOT let the dog out of the crate while they are crying. Do NOT give in as this will only serve to reinforce their crying and barking to be let out of the crate. Being inconsistent will likely train your dog to be a screamer in the crate and that’s not what you want at all!

Special considerations should be given to dogs with Separation Anxiety. Read more about it here!

Initially, keep out of crate interactions short, just like time in the crate should be short. 20-30 minutes at a time initially will help keep interactions with you positive and help reinforce positive crate training. You will increase the time as needed as the days move forward. Little by little. You are using the crate as a way to give them a time out to collect their thoughts and to process the new information they received in their interactions with you. If this is a new and only dog, you’ll likely find that progress will move swiftly! No worries! Patience is a virtue and you will be handsomely rewarded!

For more information on integrating your new dog with existing pets, keep reading!

Have Other Pets?

Take things SLOW and easy!

When bringing home a new dog to a home with existing pets, its important to realize that everyone in the household will need time to adjust to the new living arrangements and routine. It’s important to take things very slow initially and keep things positive and upbeat.

First, let me go ahead and say that the initial meeting of the new dog with resident dog(s) needs to happen OFF your property in a quiet, neutral setting. We don’t need your resident dogs to feel the need to “protect what is theirs” without having the opportunity to get to know one another first.

Now, after the initial meeting if things go well and you choose to bring the new dog home (or this can be tweaked if you’ve already introduced some other way that wasn’t recommended here), it’s time to crate and rotate initially. I’d say for at least the first 48 hours, keep the new dog and your existing pets separated. Sure, let them sniff around. Shoot, crate them side by side (never nose to nose!) to help them get used to the other being around. But, keep at least the first 2 days for yourselves and don’t expect the new dog and existing dogs to interact and everything be hunky dory.

After the initial time has passed, do another outdoors meeting on leash first, then bring them indoors and let them further interact. KEEP LEASHES ON. This is just in case something unexpected DOES happen. You’ve got leashes on to help keep things under control. It can also help when you interject a too hyper play session to encourage the dogs to settle and relax. Keep new interactions VERY short initially. I’m talking 10-15 minutes. End things on a positive note and give the dogs time to process everything that happened. Doing things this way does a couple of things. It gives the dogs the opportunity to enjoy one another’s company without becoming overstimulated and it also gives them the desire to want MORE interaction. Sure, you might have to deal with a bit more whining from them because they want to play, but remember, YOU call the shots. Not them. Being very deliberate in the amount of time they have to play together and WHEN they get to play together sets that precedence of YOU being the person they look to for direction. And with multiple dogs, that’s what you WANT!

Over the course of a few days, slowly increase the time they are out together. Remember to end things on a positive note and be on top of their play 100% of the time. Do not allow over excited play because it can quickly amplify. If one of the dogs is walking away from play, step in and separate. Pay attention and supervise and you can help keep a peaceful multi-dog home 🙂

Make sure to monitor toys. Actually, at the very beginning of interactions, I recommend not having any toys at all for them to play with. Let the dogs learn one another first before introducing things which may be of high value to one or all. Give them the chance to realize one another’s signals for play and for agitation. It is also YOUR responsibility to learn these things as well. As they say, an ounce of prevention is worth a pound of cure!

Kinda confused about it all still? Read the next section about my personal experience with the Two Week Shutdown and how it helped me 🙂

Hand’s On Experience!

Deja was my first dog. I adopted her in October of 2005. We stayed a single dog home until March of 2007 when I decided I was ready for another one.

We drove out 3 hours to the rescue who had the dog we wanted and brought Deja along for the ride. She was so smitten with him at the meeting and he was just a little in his own world as he’d gotten into a tiff the day before with another dog. Because of the tiff, I left him at the rescue so as not to stress him out. A few days later, they brought him down to me and that was that 🙂

I initially let Cyrus and Deja pretty much have a free for all. I also let Cyrus have the run of the house too and lost some blinds to the experiment. I began crating him after that. 🙂

Anywho, I’d say within about 3 days, our first issue arose. Cyrus snapped at Deja over a toy. Poor Deja was SO offended and concerned that for the rest of the night she came and sat down by me. I’d picked up all the toys and began searching the internet for some immediate ideas I could put into play with the situation that was going on.

Something I feel I should let you guys know, I’m a savvy ‘net searcher and a frequent forum user. I’d joined Pit Bull Forum a few months prior and went there to explain my issues. This is where Stacie came into play and laid it down for me HARD. She point blank told me that I was moving entirely too fast and that I needed to separate the dogs and move VERY slowly.

Honestly, at the time, none of that made sense to me. Cyrus was such a laid back and chilled out kinda guy that I didn’t see why I needed to make those changes. I asked a few more questions and explained the dogs a little more and again was told that none of that mattered, I was moving too fast and that’s what the problem was.

I was skeptical at first but you know what? I had NOTHING to lose by trying it out. Well, except a dog I had just adopted and had started bonding with deeply.

The dogs immediately went on a crate and rotate schedule. What this means is that they did NOT interact with one another at all and only saw each other in passing as they were being crated and taken out individually. One crate was set up on one side of my bed and the other crate set up on the other side of the bed. I kept them separated like this for about one week. I kept each dog out for an hour at a time when I was home. I also had to work with Cyrus on his “crate issues” because he would SCREAM in his crate. Initially, I’d have to wait an hour after getting home to even remotely venture upstairs to get him to start reinforcing the “I’ll let you out when you’re quiet” routine. I thank doG Deja was so wonderful during this because she got the “short end of the stick” in waiting while he was worked with.

When we were ready to reintroduce the dogs, we took them outside for a sniff first and then brought them back in to play. We kept both dogs leashed at first and then eventually took them off when letting them play. They got about 10-15 minutes of time together then I stepped in, leashed one and took that one up stairs to be crated for quiet time and to give the other dog some one on one attention.

Over the next couple of weeks, their time out together supervised was extended. It was a slow process that WORKED. It may have taken time, however, it set the precedence of who was who in the home and what was expected of them. It was at least a month before I reintroduced toys and at the first sign of any attitude, I stepped in and took them all away.

Now, years later, they are out together when I’m home. They can have toys out and play quite well with them. The difference from then to now is REMARKABLE and so worth mentioning. Cyrus took a couple of months of conditioning with the crate but he no longer throws fits and waits quietly for the most part.

Slowing things down and setting a solid routine helped tremendously. It helped him learn who makes the decisions and it helped build the relationship between him and Deja. It helped KEEP him in his new home as it likely would have gotten out of control if I hadn’t been proactive and stepped in.

It may sound like tough work, but it’s worth it!

Spay Illinois Will County October 2014

Attention all Will County residents!

Throughout the ENTIRE month of October, Spay Illinois is offering unbeatable deals on spay/neuter surgery!
Call ASAP to reserve your spot on their schedule. (877) 475-7729.

Prices listed include surgery, anesthesia, and pain medication to go home.

They will also be offering transport from Peotone and Joliet on certain days in October!

Not a Will County resident?
Spay Illinois offers affordable, easily accessible wellness care for your pets every day. Give them a call to find out what your pets qualify for!

SpayOctober

Can You Guess the Breed?

Assumptions kill.
All of these dogs were assumed to be Pit mixes.
They were all given DNA tests to determine their breed.
Only 3 of these dogs are “Pit mixes”.
Breed Specific Legislation does not work.

Pit Bull ID Poster-page1

Lake County Vaccination Clinic Dates

Pet Clinics

Low-cost pet vaccination clinics provide a convenient and affordable way to keep pets up to date with their shots and rabies tags. Pets are taken on a first come first served basis.  All animals brought to a clinic must be at least four months old. Dogs must be leashed and cats placed in carriers.

Only cash will be accepted on site.

For more information, call: 847.377.4700.

Vaccination Clinics – 9 a.m. to Noon

September 6
Fox Lake Vaccination Clinic
Lakefront Park
71 Nippersink Blvd.
Fox Lake
847.587.3100

September 27
West Deerfield Township/Deerfield Park District Vaccination Clinic
Jewett Park Picnic Shelter
Access from Hazel off of Waukegan Road
Deerfield
847.945.0650

October 11
Beach Park Vaccination Clinic
40185 Glendale
Beach Park
847.746.1770

October 25
Avon Foundation Vaccination Clinic
Hainesville Public Works
100 Hainesville Road
Hainesville
847.223.2032

Cost

For pets spayed/neutered: one-year rabies vaccination and Lake County tag, $20; one-year rabies vaccination, tag and distemper, $25; distemper complex only, $10; microchip, $15.

For pets not spayed/neutered: one-year rabies vaccination and Lake County tag, $60; one-year rabies vaccination, tag and distemper, $65; distemper complex only, $10; microchip, $15.

Frequently Asked Questions on Lost Pets

Christopher A. Berry (2010)


Q. What steps can I take before my pet gets lost to maximize my chance of getting it back?

A. It is very wise to take certain measures to protect yourself and your pet in case it gets lost. Most cities require dog owners to register their dog with the local government. Taking this step is important because it may give you extra legal rights and improve your chances of being reunited with the dog if it is taken by animal control.

It is also wise to put a collar or tags on your pet with your contact information so if it gets lost it can be easily reunited with you. This is especially important for outdoor cats because many people do not put tags or collars on their cats.

Perhaps the best measure you can take is to microchip your animal. Most shelters and veterinarians scan for microchips and many are actually required by law to do so. Microchipped dogs find their way back to their owner about 52.2% of the time as compared to 21.9% for ones without microchips. Microchipped cats are reunited with their owners 38.5% of the time but only 1.8% of the time if they are not microchipped.

While stories of microchips causing cancer have emerged, the American Veterinary Medical Association strongly encourages microchipping anyway because the risk of cancer is so small compared to the risk of losing your pet. Since stray pets may ultimately die while stray or get put to sleep if unclaimed at an animal shelter, death is more likely to result by an owner’s failure to microchip their pet.

 

Q. My pet just ran away from home, what should I do?

A. If your pet ran away from home, there are several things you should do. First of all you should contact local veterinarians, animal shelters, and animal control agency. There may be more than one animal shelter in your city and oftentimes there are shelters for the city and shelters for the county. Do a thorough job locating and contacting all possible places. Continue to check up over the next several days as your ownership rights over the animal may be extinguished in as little as two days if you do not find and reclaim it.

In addition to contacting local animal agencies and veterinarians, you should post notice of your lost pet in your neighborhood and community. This way, if someone finds your pet they can reach you. If someone decides to keep the pet, your effort to find the pet may give you a greater legal edge in court.

 

Q. I lost my pet several months ago and I think I saw it at a house on the other side of town. How do I get my pet back?

A. Sometimes when pets wander away from home they will be adopted off the street by well-meaning citizens. If you lost your pet and think it is living in another home, there are a few things to keep in mind.

First of all, you may want to visit the home and tell them what is going on. You can ask to look at the animal up close to see whether it is really yours. If it is your pet, hopefully the people will be kind enough to turn it over. If they do not turn it over you can always exercise your rights in court.

Your legal right to get the pet back will depend on a few things. If the adopter took your dog right off the street your rights will probably be governed by the traditional legal rule allowing the “true owner” of property to reclaim it. However, this “right to reclaim” may be lost if you did not make a reasonable effort to find the pet, meant to abandon the pet, or waited a long time to bring the issue to court.

In a few states, your right to get the pet back may be governed by a lost property statute. Lost property statutes require people who find a wallet of money on the ground, for example, to put up fliers and newspapers ads as well as report it to the police. If the owner does not reclaim the property within a few months, it may go to the finder, go to the local government, or be sold at auction with the income shared between the finder and government. It is possible that these laws will apply to pets in some states although it is unclear because most courts have not decided the issue.

If the pet was adopted from an animal shelter, you will probably be unable to get the pet back. Animal control laws allow stray pets to be impounded for a holding period that only lasts a few days. If the owner does not come forward during that time to reclaim the pet, the shelter can either place it for adoption, sell it to a research facility, or put it to sleep. The only way to get the animal back from someone who adopted the pet from a shelter is to prove that the shelter did not comply with the law. Perhaps the shelter did not make reasonable efforts to locate the owner, did not hold the pet for the proper period of time, or did not have the power to pick up the pet in the first place.

Ultimately, if someone else has your pet and you want it back you should either try to come to an agreement with the person who has your pet or consult with an attorney.

 

Q. Can I sue an animal shelter for putting my pet to sleep?

A. Maybe. As discussed in the previous question, animal control laws allow shelters to hold stray pets and get rid of them after a holding period that usually lasts a few days. If the shelter puts the pet to sleep, sterilizes it, sells it, or places it up for adoption after the holding period the owner usually loses his or her right to get it back.

However, you may be able to sue the shelter if it failed to follow by the law. If it disposed of the pet in an illegal way, acquired it illegitimately, did not make efforts to find the owner, put the pet to sleep it without a reason, or did not keep the pet for the full holding period then it may be liable to you for the damage it caused.

An animal shelter might also be liable for damaging a pet if you tried to reclaim it before it was damaged. In one case, a court awarded damages to a dog owner whose dog was sterilized after he asked for it back even though the holding period had already expired.

Lastly, the shelter might be liable for violating your constitutional rights if its actions were unreasonable. However, this argument is likely to fail as courts regularly uphold the government’s power to take and dispose of stray animals. The shelter’s conduct must be especially unreasonable and abnormal to rise to the level of a constitutional violation.

 

Q. I found out that my lost pet was adopted by another family from a shelter and I want it back. What can I do?

A. There may be very little you can do if your pet was adopted by another family from a shelter. If the shelter complied with the local laws, it probably had a right to place your pet up for adoption because of your failure to reclaim the pet within the holding period. Look at above at the two previous questions for scenarios where an owner’s rights may have been violated.

If you do think your rights have been violated, you will probably need to use legal processes to make the shelter to disclose the identity of the adopter so you can ask the adopter to return the animal or sue them if necessary. The court will only order a shelter to disclose the adopter’s identity only if it is relevant to your lawsuit and it will probably only be relevant if you allege that the shelter did not comply with the law.

 

Q. I found a stray pet and don’t know what I should do.

A. If you find a stray pet, your actions will depend on your own values and desires.

If you are not interested in adopting the pet but want to help it out, you have a legal right to take it in and care for it or to do nothing. If you decide to help the pet you acquire a duty to the pet’s owner to take reasonable care of it and make reasonable efforts to reunite it with the owner. You also acquire a duty to the rest of the world to keep them safe from the pet. In other words, you can be sued if you unreasonably cause harm to the pet or to someone else because of the pet.

Once you take the pet, you can either hold on to it temporarily while you look around the community for the pet’s owner or you can surrender it to animal control. If it ends up at an animal shelter, there is a considerable risk that it will be put to sleep after a short period of time so the nicest thing to do for the animal may be to hold on to it while looking for its owner before surrendering it.

 

Q. …what if I want to keep the pet?

A. If you want to keep the stray pet, you have a few options and duties. You could simply take it into your home and start taking care of it. If you do this, you should at least put up some notices in your local newspaper, courthouse, and community to give the owner a chance to reclaim the pet. Your failure to give notice is likely to give the owner legal ammunition if the issue ever goes to court. As mentioned earlier, giving notice to the community may actually be required in some states.

Taking a pet directly off the street and taking care of it in your home has some risk. The owner of a lost pet can come forward several months or even years after you start taking care of the pet and reclaim it. (The exact timing depends on the state and city where you live). This can be painful for you if you’ve formed a bond with the pet, and harmful to the pet as well since a change in lifestyle may be upsetting for it.

Because it may take so long for an owner’s rights to be extinguished if you just start taking care of a stray pet, the most efficient approach may be to take the pet to an animal shelter and adopt it after the holding period. The shelter will hold the pet for a few days and give the owner a chance to claim it. If the pet is not claimed, it will usually be placed for adoption.

Be sure to ask whether the animal will be put up for adoption and how long it has to hold the animal. Inform the shelter that you will be back to adopt it. There is a small risk to the animal that the shelter will decide it’s not fit for adoption or will euthanize it before you come back to claim it. However, if everything goes as planned you will acquire ownership rights in the pet in as little as a few days instead of a few years.

At least once state (North Carolina) allows you to look after the pet as an agent of the shelter and adopt it after the holding period expires. This eliminates the risk that something bad will happen to the animal while waiting in the shelter.

 

Q. …what if the pet needs medical assistance or needs to be euthanized?

A. If you find a stray pet that appears to need medical assistance, there are a few things to keep in mind. The first thing to keep in mind is that ordinary people don’t need to do anything to help the pet although the humane thing to do is find it help.

If you decide to intervene, you must make reasonable decisions. Although some states offer additional legal protection from liability if you are acting as a Good Samaritan, not all states do. Some places require that you make an attempt to find the owner and put up notices before you have the right to make decisions regarding the animal’s well-being. If the situation is an emergency such an effort is probably not necessary.

Since the pet appears to need medical attention, the reasonable and humane thing to do is bring it to a veterinarian. Be sure the veterinarian knows that you found the animal and how much (if any) you are willing to pay for assistance. Some states impose a duty on veterinarians to provide at least minimal assistance to alleviate animal suffering even if the owner is not present, and some veterinarians may provide treatment out of compassion even if not obligated to do so.

If the veterinarian recommends putting the pet to sleep, the safest approach to take is to tell the veterinarian that you do not feel comfortable making that authorization since you do not own the pet. Some courts have upheld lawsuits against individuals who find pets and authorize their destruction under certain circumstances.

 

Q. My neighbor always lets his pet roam outside without supervision. Can I take it to a shelter?

A. It is not advisable to take a pet roaming outside and dispose of it if you know who its owner is. First of all, trapping a neighbor’s pet is not neighborly. You should try to mediate the dispute or at least put the owner on notice before taking any action. If the pet is bothering you, then you can take the owner to court to compensate you for damages.

Second of all, you may be guilty of theft or liable for damages to the pet if you take it. Some court decisions have actually permitted people to take their neighbors’ roaming animals to shelters but there is no guarantee that all states would permit that kind of conduct.  In fact, some states expressly make it a crime to keep lost property with knowledge of its owner.

Lastly, such a drastic action as taking an animal to a shelter could inflict emotional harm on your neighbor and result in the pet being put to sleep.

Lost and Found: Humane Societies’ Rights and Obligations Regarding Companion Animal Ownership

Lost and Found: Humane Societies’ Rights and Obligations Regarding Companion Animal Ownership

  • Patricia A. Bolen
  • Animal Legal & Historical Center
  • Publish Date: 2005
  • Place of Publication: Michigan State University College of Law

I. Introduction

This paper will address the issues concerning lost and found companion animals, particularly issues of ownership and title rights. First, the paper will examine the current state of animals in the law today, and will give a brief explanation of how animals and their owners are treated in the courts today. The legal rights of companion animals and their owners are increasing; for example, people can now provide for their animals in their wills, and can bring suits for the wrongful death of a companion animal. This current state of the law shows the progression of animals from being seen merely as property to being seen as a part of the family unit that needs protection by the law. Because of the increasingly important status of companion animals today, shelters and individuals who find animals need to be well aware of their own rights and the rights of the owner regarding that animal. This paper will address when and how the original owner’s property rights are relinquished, and when an animal becomes the property of an animal shelter.

Note: The law treats animal shelters the same whether they are publicly or privately operated. Although private shelters may have different policies from public pounds, such as no-kill policies or longer holding periods, public and private animal shelters are the same in the eyes of the law. For ease of reference, in this paper the terms “humane society” and “animal shelter” are used interchangeably.

II. The current state of animals in the law today

A. Animals are treated as property

Companion animals are treated as property in the law. Under common law, a person who owns a domestic animal still owns that animal even when the animal is not directly under the person’s control. For example, a dog who escapes from a backyard is still the property of its owner. [1] Although treating animals as property affords them, and their owners, some protection in the law, it also limits animals’ and their owners’ rights. Additionally, there are inherent contradictions in the law regarding the treatment of animals: they are seen as property, they are essentially treated in a way that holds them criminally liable for their actions. A dog that bites may be killed by the state or at the least greatly confined; although the owner is liable for injuries that the dog causes, the dog is also ultimately punished. There are difficulties in treating animals as property, as they are sentient beings, and are often integral parts of their human families. [2]

B. Tort remedies for injuries to companion animals

In recent years, courts and the legislature have come to recognize the importance of companion animals to their families, and have also begun to recognize that companion animals deserve more protection than traditional property law affords them. If a companion animal is wrongfully killed, the owner can usually collect compensation for the cost of the animal. [3] However, this is often inadequate because the compensation is determined based on the animal’s market value. Although purebred animals have a determinable worth, mixed breeds (mutts) do not, and so traditionally no compensation was required. [4] Awarding damages for wrongful death of a pet based on the animal’s market value has been seen to be increasingly inadequate to compensate the owner.

Some courts have recognized the inadequacy, and inconsistency, in awarding pet owners only market value for the wrongful death of their pet, and have started to award non-economic damages. [5] However, courts are still reluctant to award punitive damages in cases of the wrongful death of a companion animal. [6] In addition, some courts have also started to consider the best interests of the animal in divorce cases, which is a standard applied to child custody. [7] Thus, animals are not only gaining more rights in the law, but are also being treated as more than just property. Persons are also able to set up trusts for their companion animals’ care, and are able to provide for their animals in wills and estate planning. [8]

 

III. Animal ownership in the law today

            Such developments in tort and estate planning law are important to both animal owners and animal shelters. As the law becomes more and more willing to recognize the familial status of animals in today’s society, shelters too must be careful to respect the rights of companion animal owners. Thus, shelters must be well-versed in the laws of their state regarding when the shelter gains title and ownership in a found or brought-in animal, and what those rights mean. First, however, it is important to understand how far a person’s property rights in her companion animal go, and when those rights can be taken away. This next section of the paper will examine how an owner can lose his property interest in his companion animal, including through abandonment and giving the animal away. It will also examine the duties of an individual who finds a companion animal

A. Owners can lose title to their companion animals

            As title-holders, owners of companion animals can transfer that title through several means. Owners can transfer title immediately to a third party by giving an animal as a gift to another person. An owner can give an animal to an animal shelter, which results in an immediate transfer of title to the shelter if the owner shows the intent to relinquish title. An owner can also relinquish title by abandoning an animal, which happens when the owner leaves the animal in a public place, with or without tags, or otherwise shows that he is unable (or unwilling) to care for the animal. [9] Similarly, the police or other law enforcement can find an animal running at large and take that animal to the pound. If, within a statutorily mandated minimum number of days, the animal is not claimed, the animal becomes property of the shelter. [10]

B. Transfer of title by giving animal away

            If an owner brings an animal directly to a shelter, that owner is transferring title of the animal to the shelter. In property law, this is considered a gift, and title usually transfers immediately upon receipt of the gift. When an owner gives an animal to a shelter, the shelter has both possession and title; generally, it does not have to hold the animal for a minimum number of days, as required by statute, before adopting the animal out or otherwise disposing of it. [11] However, there are good reasons for shelters to have the policy of holding even owner-relinquished animals for the statutory minimum number of days. Often, an owner will make a rash decision to give an animal away when the animal misbehaves, but will want the animal back after a few days. Shelters therefore protect themselves from tort liability by holding the animal for a period of time during which the owner has a chance to regain possession of the animal. When an owner gives his animal to a humane society, the society cannot demand that the owner pay for the costs of boarding the animal [12], unless the owner reclaims the animal. Shelters are immune from civil liability for disposing of a pet that is brought in by the owner as long as the shelter complies with the minimum holding period mandated by state statute. [13]

C. Abandonment

Most states have laws governing the abandonment of animals by the owner. The majority of these statutes deal with situations in which an animal is left at a veterinarian, kennel, or similar facility. [14] If an owner does not collect his animal and pay for the services within a certain number of days, [15] the animal is deemed abandoned. At that time, the facility has certain duties before gaining title to the animal. First, most statutes require that the facility contact the owner and notify him that he can obtain the animal by paying for the services. If the owner does not respond, the facility generally has the duty to turn the animal over to an animal shelter. Most states require that the facility inform the owner as to which shelter the animal has been turned over. After delivery to an animal shelter, the animal is treated as per the shelter’s policies. A facility that does not comply with state statute, for example by turning the animal over to a shelter before the waiting period has expired, can be liable to the owner for expenses incurred. [16]

An owner can also abandon an animal by leaving it in a public place, thus showing the owner’s refusal to care for it. If an animal is left in public for a certain period of time determined by statute, the owner can be charged with a misdemeanor. [17] If an owner attempts to reclaim an animal who has been abandoned by being left in a public place, the owner is liable for any costs incurred by the local authorities in dealing with the animal. [18] For example, if the animal found in a public place is brought to a veterinarian to be treated for injuries, and the owner wants the animal back, the owner is liable for the costs of treating the animal. [19] Authorities who find animals in public places take possession, but not full title, of that animal. [20] Possession of the animal entails giving necessary care and treatment to the animal until the animal is deemed suitable to be returned to its owner. [21] For example, if the animal is found injured, the local authority may require that animal to be treated before returning it to its owner.  The owner is then liable for any costs incurred. [22] If the owner cannot be found, or does not want the animal, the animal is turned over to the local animal shelter. Finally, an animal found in a public place without tags or other indication of being licensed is considered abandoned, and will be immediately turned over to an animal shelter upon being found.

D. Property rights when an individual finds an animal

            If an animal is picked up by a third party, and not by a shelter or public authorities, then the owner may retain title for a longer period of time. If the owner takes reasonable efforts to find the pet, such as contacting local shelters and putting up signs around the neighborhood, then the owner’s title to the animal will likely not be destroyed. [23] There is a presumption that if the animal is licensed, micro-chipped, or tattooed, and the owner has made efforts to find the animal, that the animal still belongs to the owner and should be returned if found by a third party. However, if the finder of a lost dog tries to find the owner and also cares for the animal for a long period of time, the finder may gain title to the animal. [24]

            If a person finds an animal and does not want that animal, the person is under an obligation to notify animal control authorities. [25] When a person finds a stray animal and wishes to gain title to that animal, the person must first attempt to find the original owner of the animal. If the animal is licensed, or otherwise identifiable, the person must contact the owner. The owner may wish to reclaim the animal, or may give the animal to the finder. If the animal is unlicensed, the person should make reasonable efforts to find the owner. Reasonable efforts include putting up signs around the area in which the animal was found and notifying local animal shelters. [26]Some states require lost animals to be turned over to the shelter even if the finder wants to keep the animal. [27] In that situation, the finder can request to be given first chance to adopt the animal after the shelter has held it the mandatory waiting period. [28]

Most courts will award title and possession of an animal to a finder if the finder has made efforts to find the owner. “Where the finder of a lost pet makes a reasonable effort to locate its owner, and responsibly cares for the animal over a reasonably extensive period of time, the finder may acquire possession of the animal.” [29]

 

IV. Property rights in an animal found by a humane society

Once an animal is brought into a humane society or city pound, that organization has an obligation, governed by federal and state (or in some cases, local) statute, to keep the animal for a prescribed period of time. This period of time varies from state to state.During the time that the shelter holds the animal, the shelter must make reasonable efforts to find the owner of the animal. Due the to overwhelming number of animals brought in to shelters, a “reasonable effort” generally means contacting the owner if the owner can be identified, and publishing a list of stray animals if no owner is determined. [30]

States require such efforts as a matter of policy; it is in the animal’s interest to be returned to a home where it receives love and care, so owners should have a reasonable opportunity to reclaim a lost animal. On the other hand, animals that do not have caring owners are best served if the state gains title after the owner has had sufficient opportunity to claim the animal. The shelter can then makes a decision in the animal’s best interest as to what should be done with the animal. The function of state laws governing found animals protects both the animal and the owner; shelters should consider both interests in determining their own policies in compliance with state law.

The shelter has possession, but not title, of the animal during the required holding period. In terms of property law, the shelter has bailment of the animal – that is, the shelter holds the animal (as property) and has possession of the animal. During the period of bailment, only the original owner can reclaim the animal, and he may be required to pay costs. For example, if the city or municipality brings animals into the shelter, and the owner is notified that they are there, the owner can be liable for any expenses incurred in board the animals. [31] In addition, the state legislature often gives the animal shelter the ability to put a lien on the animal, requiring owner to pay for costs incurred. If the owner does not pay, it is considered a forfeiture of the animal. [32]

A. Shelter’s duties to an animal brought in by the owner

            If an owner brings in an animal, the shelter has to keep the animal for a statutorily prescribed period of time before adopting out the animal or otherwise disposing of it. [33] In cases where the owner reclaims the animal, the shelter can require the owner to pay for the costs incurred in boarding the animal. Additionally, the shelter can keep possession of the animal until it determines that the animal is suitable to be returned to the owner. For example, if the animal is injured, the shelter can treat the animal before returning it the owner, and can collects costs from the animal. [34]

B. Shelter’s duties to a stray, unidentified animal

Humane societies do not gain title immediately to an animal that is unlicensed. [35] Shelters must still hold an unlicensed animal for a minimum amount of time, and must make reasonable efforts to find the owner. Due to the overwhelming number of animals in a shelter, reasonable efforts include posting a list of found animals at the shelter. [36] Such lists contain information as to the type of dog found, a general description of the animal’s appearance, where the animal was found, and when it was found. When an animal is brought in, the shelter must add it to the list; generally, such lists are kept in chronological order with the most recently found animals listed first. Persons searching for their lost animal can look through the list or obtain information from the shelter over the phone. In general, courts will uphold the decision of a humane society to adopt out an animal, as long the humane society has complied with any necessary statutory requirements, such as the minimum holding period. [37]This policy protects the shelter against lawsuits from owners who do not make reasonable efforts to find their animals.

C. Shelter’s duties to a stray, licensed animal

If the animal is licensed, that license shows ownership of the animal. Therefore, an animal that is clearly licensed (for example, by wearing a collar with tags on it) is deemed property of a specific person, and the shelter must make efforts to contact that person to let them know that the shelter has the animal. Further means of identification of an animal include micro-chipping, a practice that is now standard upon adopting animals from some humane societies, [38] and tattooing the animal. [39] Micro-chipping and tattooing show actual title to an animal in a traditional property law sense. Shelters that obtain a licensed animal must make reasonable efforts to contact the owner to inform him as to the animal’s whereabouts. Reasonable efforts generally entail calling or writing to the owner to inform him that the shelter has the animal and will hold it for a minimum number of days. If the owner does not respond within the statutory minimum holding period, the shelter gains title to the animal and can adopt it out or otherwise dispose of it. [40] Additionally, if the owner responds but does not take action to pick up the animal, the shelter still gains title after the minimum holding period. Shelters can collect costs from owners if the owner reclaims the animal. [41]

D. Shelter’s duties to a licensed animal brought in by a third party

            An animal that is brought in to a shelter by a third party (for example, a neighbor) is treated the same as an animal brought in by local authorities. The shelter must make reasonable efforts to contact the owner, such as calling or writing to notify the owner of the animal’s whereabouts. If the owner does not respond, the shelter is obligated to keep the animal for the requisite number of days; after that, the shelter gains title to the animal.

E. Holding period for licensed animals

Some states require a shelter to hold a licensed animal longer than an unlicensed one. There are policy reasons for this; first, an unlicensed animal is more likely to be sick or diseased from lack of care. A license shows that someone owns, and presumably cares for, the animal. An animal may escape while its owner is on vacation; therefore, it makes sense for shelters to hold licensed animals longer, to give the owner a chance to reclaim his animal. Also, a licensed animal is generally one which has a loving home; shelters prefer to return an animal to a place where it can get proper care, rather than have the animal be euthanized or adopted out to an unknown family.

F. Special situations in which a shelter does not have to hold the animal for a minimum number of days

There are narrow exceptions in most state statutes that allow shelters to euthanize animals before the minimum holding period has expired. If an animal is extremely sick, believed to be experiencing extreme pain and suffering, or has a contagious disease, the shelter can kill the animal [42] Such determination of the animal’s condition needs to be made by a veterinarian or the shelter supervisor. [43] If the shelter can determine who the owner of the animal is, it must make efforts to contact the owner by calling him before destroying the animal. [44] Generally, in cases in which the owner is known, the shelter must wait twenty-four hours after obtaining possession of the animal before destroying it; during this time, the shelter must repeatedly call the owner. [45] Such exceptions serve to protect both the specific animal and the animal population in general; allowing a contagious animal into a shelter would likely result in all of the animals becoming sick and therefore unadoptable.

G. Specific state laws regarding the minimum number of days a shelter must hold an animal

            Once a shelter has held an animal for the statutory minimum number of days, the shelter has several options regarding the disposition of the animal. The shelter can immediately adopt out the animal to a human family. It can also hold the animal for future adoptions; many shelters will do this while continuing to evaluate the animal for its potential success as an adoptee. Shelters can also decide to put the animal to sleep or, in limited circumstances, to sell it for research.

            States have specific statutes regulating how long a shelter must hold an animal before the shelter gains title to that animal. Beyond the statutorily required minimum holding period, shelters may hold animals for as long as they wish, under their own policies. Many shelters hold animals that are considered adoptable as long as there is room in the shelter; animals with health or temperament problems may be killed soon after the statutorily mandated holding period is up. Further, many shelters will hold animals that are easily identifiable – for example, through tags, tattoos, or micro-chips, longer than the required minimum. In fact, some states have different holding periods for animals that are easily identifiable than for ones who are not.

In Michigan, a private or public shelter must hold a found animal for four days after acquiring it, after which time the animal can be adopted out or put to sleep. [46] However, animals that are licensed or otherwise identifiable must be held for at least seven days before disposing of the animal. If a licensed or otherwise identifiable animal is sold for research after the seven day holding period, the owner must be notified before the transaction occurs. [47]

In California, animals must be kept at a shelter for six days, not including the day on which the animal was found. [48] After that, the animal can be adopted out or euthanized. [49] However, if the shelter has fewer than three full-time employees, a found animal must be kept only four days before being adopted or euthanized. Finally, if the shelter is open until at least seven in the evening, the shelter only needs to keep found animals for four days. Again, a shelter in California that sells found animals for research (after the statutory waiting period has run) must post a sign somewhere in its shelter that notifies the public of this practice. In New York, both public and private shelters must keep a found animal for five days before adopting or euthanizing it. [50]New York law makes no distinction between licensed and unlicensed animals; all must be kept for five days.

Some states, such as Texas, allow local municipalities to determine how long an animal needs to be kept in a shelter. Shelters in Houston, Texas must hold an animal for three days if it is unlicensed or otherwise unidentifiable. [51] If the animal is licensed, tattooed, or microchipped, it must be held for six days after the owner was notified that animal was in the shelter (notification must be made by mail or telephone). [52] On the seventh day, the shelter may dispose of the animal at its discretion. Texas state law governs the conditions in which animals must be kept in the shelter, but local cities and counties determine how long an animal is kept. [53]

H. Federal law

The Federal Pet Theft Act mandates a five-day holding period for shelters before selling a pet to a dealer.This is in order to prevent stolen pets from being sold to research companies, and to allow the owner to reclaim the animal. [54] The Act states that “[i]n the case of each dog or cat acquired by an entity described in paragraph (2), such entity shall hold and care for such dog or cat for a period of not less than five days to enable such dog or cat to be recovered by its original owner or adopted by other individuals before such entity sells such dog or cat to a dealer.” [55]The entities to which the Federal Pet Theft Act applies include all public and private animal shelters, as well as any research facility licensed by the federal Department of Agriculture. [56] This Act was passed to ensure that all companion animals used in research facilities were legally obtained, and also to protect pet owners from having their pets stolen for research purposes. [57] The Act applies to a fairly narrow class of animals, as it mandates only that those animals being sold to a research facility be held for at least five days before being sold. In addition, the shelter must give the receiving research facility a certification that the animal has been held for at least five days; without such, the research facility cannot accept the animal. [58]

Similarly, several states have statutes against shelters selling found animals to laboratories for research. [59] Some states also require a shelter that does sell animals for research to notify the public of such policy. [60] Additionally, the Federal Pet Theft Act trumps any state or local statute that allows an animal to be sold for research before being held for five days. Therefore, an owner has a cause of action against a shelter that is not in compliance with the Federal Pet Theft Act, even if the shelter is in compliance with its local laws.

I. Tort liability for shelters

Courts will generally uphold the decision of a humane society or animal shelter to euthanize an animal over the owner’s claim to that animal if the humane society followed all statutory obligations. [61] If a humane society has not complied with statutory mandates, in particular by not holding the animal the requisite minimum number of days or not attempting to contact the owner, the owner will likely be successful in a suit against the humane society. [62] Therefore, it is good policy for a shelter to establish a holding period that complies or exceeds that required by local law, in order to avoid liability to the owner. In addition, it is generally considered good policy to hold licensed animals as long as possible, particularly if the animal is adoptable.

J. Adoption procedures and transfer of title to new owner

When a person “adopts” an animal from a shelter, that person is really buying the animal; the transaction is covered by the Uniform Commercial Code, which regulates the sale of goods. Although humane societies can place conditions on the adoption of animals, [63] such conditions are difficult to enforce once the animal is placed with the new owner, as title then transfers from the shelter to the owner. [64] More than half of all states now require that animals be spayed or neutered before being adopted, [65] and contracts for adopting an animal that is too young to be fixed may include a clause requiring the new owner to get the animal fixed once it is old enough. [66] In such cases, the owner usually must leave a deposit with the shelter, which is forfeited if the owner cannot provide proof of spaying or neutering within the designated period of time. [67] Shelters are able to make extensive inquiries into an animal’s future living conditions before agreeing to the adoption of an animal. For example, shelters can inquire about the animal’s access to a backyard or other exercise; [68] other animals or children in the home; [69] and whether the animal will be kept indoors or out. [70] Shelters can call to check-up on an animal soon after an adoption; [71] however, the shelter generally cannot investigate or follow-up on the animal without cause. Shelters have cause to investigate an animal if there are reports of abuse or neglect, or if the animal is found running at large or otherwise abandoned in a public place. Such investigations are usually done by animal control. Of course, if the owner is suspected of animal cruelty, the animal control can also instigate criminal investigations.

 

V. Conclusion

Shelters must be aware of their obligations and limitations in caring for lost or abandoned animals. Shelters must hold animals for a minimum number of days so that an owner has a chance to reclaim a lost pet. The holding period protects the owner’s interest and title in the animal, and also protects the animal itself by attempting to return the animal to its caring owner. Allowing the shelter to take title to the animal after the requisite holding period benefits the animal. At that point, when the owner either cannot be found or does not want the animal, the best interests of the animal are determined by the shelter. Adoptable animals are generally held and placed with a new family; animals that are too sick, old, or unsociable to be adopted are euthanized. Once a shelter gains title to the animal, it can do with the animal as it sees fit, and its decision will be upheld by courts as long as the shelter complied with state law.  Following state law is essential not only to protect the rights of animal owners, but also to protect the shelter from tort actions by the owner; state law also ultimately protects the animal itself.



[1] See Mary Randolph, Dog Law (4th edition 2001).

[2]See, for example, Oregon that defines an animal as the property of its owner.

[3] See Lisa Kirtk, Recognizing Man’s Best Friend: An Evaluation of Damages Awarded when a Companion Pet is Wrongfully Killed, 25 Whittier L.Rev. 115 (2003).

[4] See Andrew Boxberger, The Missing Link in the Evolution of Law: Michigan’s Failure to Reflect Society’s Value of Companion Animals, 5 T.M. Cooley J. Prac. & Clinical L. 139 (2002).

[5] See Elizabeth Paek, Fido Seeks Full Membership in the Family: Dismantling the Property Classification of Companion Animals by Statute, 25 U. Haw. L. Rev. 481 (2003), in which the author discusses a case where a man was prosecuted for killing a woman’s dog. See also Lynn B. Epstein, Resolving Confusion in Pet Owner Tort Cases: Recognizing Pets’ Anthropomorphic Qualities Under a Property Classification, 26 S. Ill. U.L. J. 31 (2001) and Richardson v. Fairbanks N. Star Borough, 705 P.2d 454 (Al. 1985), in which the court used the fair market value of the animal in awarding damages; compare with the discussion in Valuing Companion Animals in Wrongful Death Cases: A Survey of Current Court and Legislative Action and a Suggestion for Valuing Pecuniary Loss of Companionship (note: pdf version), Elaine T. Byszewski, 9 Animal L. 215 (2003), in which the author discusses various courts’ opinions stating the need for legislation that allows for emotional distress damages in wrongful death of pets cases.

[6] See Epstein, supra note 5, and Paek, supra note 5.

[7]Id.

[8] See Garry W. Beyer, Estate Planning for Pets, 15-AUG Prob. & Prop. 7 (2001).

[9] In addition, leaving an animal in this manner will also likely be a criminal offense. See Randolph, Dog Law at 13/9.

[10] This is similar to the concept of eminent domain, in which the government gains property rights to land. In addition, the government in most states has the right to immediately destroy any animal running at large that poses an immediate threat or danger to the public; see Dog Law, supra note 1. In general, however, animal control authorities must impound an animal running at large and make efforts to contact its owners before gaining property rights in that animal. Dog Law.

[11] See Pet Fair, Inc. v. Humane Soc. Of Greater Miami, 583 So.2d 407 (1991); see also C.R.S.A. § 35-80-106.3 (Colorado), which provides that shelters must hold owner-forfeited animals for the minimum holding period. This is a somewhat unusual holding and does not seem to be the general rule.

[12]Id.

[13] For example, see C.R.S.A. 35-80-106.3(2), which states “[a]n animal shelter and any employee thereof that complies with the minimum holding period as set forth in subsection (1) of this section or that disposes of a pet animal in accordance with the provisions of subsection (1) of this section for owner-surrendered animals, abandoned animals, or suffering animals shall be immune from liability in a civil action brought by the owner of a pet animal for the shelter’s disposition of a pet animal.”

[14] See, for example, 59 Okl..St.Ann § 698.16; Ohio Revised Code Annotated R.C. § 4741.30; V.A.M.S. 340.288 (Missouri); C.R.S.A. § 12-64-115 (Colorado); 17 M.R.S.A. § 1021 (Maine).

[15] State statutes generally require the facility to hold the animal for at least ten days, and often up to thirty days. See, for example, Animal Hospital of Elmont, Inc. v. Gianfrancisco, 418 N.Y.S.2d 992 (1979). In New York, a person who leaves an animal for a specified period of time with a kennel or veterinary facility and does not claim the animal within ten days of the last day of service is deemed to have abandoned the animal. If the period of time the animal is to be left with the facility is unspecified, the animal is considered to have been abandoned twenty days after the facility notifies the owner that it still has the animal. See also Massachusetts Soc. For Prevention of Cruelty to Animals v. Commissioner of Public Health, 158 N.E.2d 487 (1959); Massachusetts has a ten-day period in which a facility must hold an abandoned animal before turning it over to an animal shelter.

[16] See Gianfrancisco, supra note 15, in which the court found that a facility that prematurely turns an animal over to a shelter can be liable for that animal’s costs.

[17] See People v. Rogers, 708 N.Y.S.2d 795 (2000), which discusses the New York rule that an animal left in the public for more than three hours is deemed abandoned, and its owner can be charged with a misdemeanor. See also Anderson v. George, 233 S.E.2d 407 (1977) for a description of how West Virginia deals with animal abandonment.

[18] See Broden v. Marin Humane Society, 83 Cal. Rptr. 235 (1999).

[19]Id.

[20]Id. See also Dog Law, supra note 1, in which the author points out that unless an animal running at large poses an immediate threat to the public, animal control authorities must hold the animal for the minimum number of days and attempt to contact the owner before destroying or adopting out the animal. Dog Law, at 2/12.

[21] See Broden, supra note 18.

[22]Id.; see also Pet Fair, Inc. v. Humane Soc. Of Greater Miami, 553 So.2d 407 (1991).

[23] Williams v. McMahan, 2002 WL 242538 (2002).

[24] Morgan v. Kroupa, 702 A.2d 630 (Vt. 1997).

[25] Mary Randolph, Dog Law 18.

[26]See Morgan v. Kroupa, 702 A.2d 630 (Vt. 1997).

[27] Randolph, Dog Law 18-19.

[28]Id.

[29] Morgan v. Kroupa, supra note 24.

[30] Randolph, Dog Law.

[31] See Hubbard v. City of Oxford, Inc., 717 So.2d 814 (1998).

[32]SeeState v. Branstetter, 45 P.3d 137 (Or.App. 2002).

[33] See discussion on page 3, supra.

[34] See supra notes 9 and 10.

[35] See, for example, Scharfield v. Richardson, in which the court found that an owner’s property rights do not extinguish when the animal is lost and unlicensed. Compare to Williams, in which the court found that the owner’s failure to license an animal amounted to an expiration of the owner’s property rights.

[36] Randolph, Dog Law.

[37] See Huss, Separation, Custody, and Estate Planning Issues Relating to Companion Animals, 74 U.Colo. L. Rev. 181 (2003); see also Johnson v. Atlanta Humane Society, 326 S.E.2d 585 (Ga.Ct. App. 1985).

[38] For example, the Kent County Humane Society in Walker, MI.

[39] When an animal is tattooed, its identification number is registered with the state department of agriculture, and also engraved on a tag to be worn on the animal’s collar. If the owner and animal move to a different state, the number can be registered with that state’s department of agriculture.

[40] Randolph, Dog Law.

[41] See supra note 9.

[42] People v. Youngblood, 109 Cal. Rptr.2d 776 (2001).

[43]Id.

[44] C.R.S.A. § 35-80-106.3 (Colorado).

[45]Id.

[47]Id.

[48] Ca. Food & Ag. 31108.

[49] However, it is California’s state policy that no adoptable or treatable animal should be euthanized. See West’s Ann. Cal. Civ. Code § 1834.4; an “adoptable” animal is one that does not pose a threat to the public.

[50]McKinney’s Ag. & Markets Laws § 322.

[51] Section 6-111 of Division 4, Code of Ordinances for the City of HoustonTexas.

[52]Id.

[53] Title 10 of the Texas Health and Safety Code applies to animals, and does not include a section mandating a minimum time period for which a found animal must be kept.

[54] 7 U.S.C. 2158

[55]Id.

[56] 7 U.S.C.A. § 2158(a)(2).

[57] See id.; see also 2003 Cong.  S 2346.

[58] 7. U.S.C.C. § 2158 (b)(2).

[59]  Connecticut, Delaware, Hawaii, New Jersey, New York, Pennsylvania, Rhode Island, and West Virginia all have statutes that prevent shelters from selling animals for research purposes. Dog Law, supra note 1.

[60] For example, California.

[61] See supra note 11. See also Rebecca J. Huss, Valuing Man’s and Woman’s Best Friend: The Moral and Legal Status of Companion Animals, 86 Marq. L.Rev. 47 (2002); see also Johnson v. Atlanta Humane Society, 326 S.E.2d 585 (Ga. Ct. App. 1985); Lamare v. N. Country Animal League, 743 A.2d 598 (1999). In both cases, the courts found that as long as the humane society complied with statutory mandates, its transfer of title to third person (or killing the animal) was upheld against the owner’s original title, because the owner was found to have forfeited title by losing their animal.

[62] Richardson v. Fairbanks N. Star Borough, 705 P.2d 454 (Al. 1985), the owner was successful in a suit against an animal shelter that killed his dog before the minimum holding period had expired. The owner was able to recover market value damages.

[63] State legislatures usually give animal shelters the ability to devise their own policies regarding the adoption of animals; many state legislatures have enacted statutes stating that the shelter does not need to adopt an animal to a person unwilling to comply with the shelter’s policies or conditions. See, for example, V.A.M.S. § 273.405, which is the Missouri statute. See also the Louisiana statute, LSA-R.S. 3:2475, which further states that if the conditions agreed upon are not upheld, the shelter is able to bring a court action.

[64] Such conditions help the shelter to ensure that the adoption will be final, and that they will not end up taking title to the animal again due to unfit conditions.

[65]Arizona, Arkansas, California, Connecticut, DC, Florida, Georgia, Illinois, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Missouri, Montana, Nevada, Michigan, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, and Virginia all require that animals be spayed or neutered before leaving the shelter. Dog Law, supra note 1, at 2/20.

[66] See, for example, M.C.L.A. 287.338a (Michigan); West’s Ann. Cal.Civ.Code § 1815 (California).

[67]Id.

[68] For example, most shelters will inquire about a prospective owner’s living conditions, and may not allow the person to adopt if she lives in an apartment unless she can show that the landlord allows pets.

[69] Some shelters require that all animals living in the same household meet before an additional animal is adopted; for example, the Kent County Humane Society in Michigan.

[70] Shelters may have policies that allow them to decline adoption to a person who intends to keep the animal solely out-of-doors. For example, in Michigan, local humane societies allow adoption of dogs only if they are to be housed indoors; however, in South Carolina, shelters will adopt to families who intend to have the dog be an outdoor-only animal.

[71] Several shelters in Michigan have a policy of making follow-up calls a week after an animal is adopted.