How Long Before A Stray Dog Is Legally Yours?

We are all dog and animal lovers, so when you chance upon a stray dog that is seemingly in distress, your first reaction would be to coax it into your car, hightail it home and care for the poor pooch.

However, that isn’t necessarily the best course of action. Depending on your state, there is legislation around adopting stray dogs and responsibilities that you will have to take on if you want to rescue a dog you’ve picked up on the streets.

In addition, a few federal regulations govern some aspects of animal rights but many restrictions differ from state to state. 

So, if you find a stray that you want to keep, be sure you follow state and municipal rules. In this blog post, we’ll look at all the legislation surrounding picking up a stray dog from the street and what you have to do to make him or her legally yours. 

What To Do Before You Keep A Stray?

If you find a stray dog, the law requires you to do a few things before you claim the dog as yours to keep.

You must prove the following to satisfy state and local government authorities enough to make the animal lawfully yours. 

• You have made every effort to locate the owner.

• A ‘holding time’ of three to ten days has elapsed.

The holding time needed varies based on the state. The majority of states, including Alabama, California, and Connecticut, demand a 7-day waiting period. However, Hawaii only requires 48 hours, and North Carolina requires 72 hours. 

In South Carolina, the dog will be held by the shelter or animal control officials for five days while they wait for the legal owner to claim it. If no one arrives to pick up the dog after five days, you can be awarded legal ownership.

In Texas, you must wait three days before being granted legal authority to care for a stray dog.

Several states, such as Kentucky, Minnesota, New York, and Utah, require a missing dog to be retained for five days to wait for its rightful owner and other states like Ohio and Kansas ask for only three. 

You might want to call your local government and find out what the legislation is in your state. Many dogs are lost each year for various reasons and are frequently kept by well-meaning individuals who are willing to take the dog in. It’s difficult not to feel emotionally connected to a dog you found wandering the streets! 

Don’t think you can keep them only because you found them. You must show that you made an honest effort to locate the original owner. A dog is the owner’s personal property under state law, and the holding period is intended to allow owners enough time to locate their missing dog.

Only after the holding period may you claim the dog as your own. Keep in mind that the holding time begins when the dog is detained by a municipal or state authority. 

When you come across a dog that doesn’t appear to have a home, your dog-lovin’, caring nature will likely cause you to want to pick it up and take it home. Take us for example. We see a dog in need and can’t wait to bathe them, feed them, and shower them with tons of love and affection. 

However, various states have different rules regarding the acquisition and ownership of strays. Regardless of state, it is unlawful to adopt a stray dog merely because you chanced upon it. 

What To Do When You Find A Stray Dog?

If the dog is wearing a collar and tags with the owner’s latest information, contacting the owner will allow the dog and the owner to be reconnected.

• If there is no ID, you must take them to your local shelter, even if you wish to keep them. This is simply so you may request that the staff examine the dog to see whether it has been microchipped. They will also record that the dog has been discovered in case any prospective owners are searching.

• Submit a ‘Found Dog’ report at the shelter to exhibit your intent to find the dog’s owner. Remember, you must try to contact the owner, and you cannot simply keep the dog since it is considered the owner’s “property”. The shelter is frequently the first place missing dog owners look to see whether their dog has been found.

• If you are intending to take the dog home, make sure there are no injuries, flea infestations, or other parasitic ailments.

• If you are required to take the dog to the vet for treatment, make sure you save all invoices in case the owner shows up. You can likely claim all these expenses from the owner if they show up. 

• Take caution when bringing the dog home because you don’t know what kind of dog it is. They could not like cats, or they might not like young kids. Restrict the dog’s access to the house and other family members until you’ve gotten to know them better.

The holding period is intended to give all parties, including the owner and the finding person of the missing dog, time to sort out ownership and any costs associated with care and return to the owner.

Some states require that the owner be informed when their dog is at the pound or shelter waiting to be picked up. The holding period begins when a formal notification is delivered to the owner or their last mailing address.

Precautions When Dealing With A Stray Dog

An unfamiliar, scared, and perhaps sick or injured dog might act erratically. A quick movement, like opening your car door, might frighten them and lead them to flee—possibly onto the freeway. Stay in your car if the animal appears or behaves menacingly, or if you are uncomfortable about the situation.

Restrain the animal if feasible. To keep the animal in the area, establish a shield or use a crate, leash, piece of cloth, or rope. If you are unable to contain the animal, signal incoming motorists to slow down, or redirect traffic around them if they look to be injured and are still on the road.

1. Be Cautious

Approach the animal with caution, especially if you’re dealing with a scared animal. Many ordinarily docile dogs can bite or scratch when cornered. 

When approaching the dog, speak softly to comfort them. As you approach, make sure they can see you at all times, and possibly persuade them to come to you by presenting strong-smelling food like tuna fish or dried liver.

2. Coax Them In Your Vehicle

If you are confident that you will be able to receive help from animal control soon, attempt to attract the dog into your car with food. If you’re successful, close the door and wait for help.

In most circumstances, driving anywhere with an unrestrained, unknown dog in your car is not a smart idea as they may get agitated or aggressive because they are scared or nervous. Smaller dogs might get stuck beneath the vehicle seat, and trying to get them out can be dangerous.

3. Call For Help

If you are unable to restrain the dog, always call for backup from the local animal control or cops. Do so whether the animal is injured or not, and whether or not it is carrying an identifying tag. 

Give the dispatcher your phone number and try to get an idea of how long help will take to arrive. Stay with the dog and keep one eye open until help arrives. 

When describing your location, use street names, mile markers, or landmarks to tell the authorities exactly where the pooch is. 

4. Transport The Dog To Safety

If you can, take the dog to the nearest animal shelter which will have the facilities and network to try to reunite the dog with its owner. 

They can also place a free “found” ad in the local newspaper or social media. If you plan on keeping the dog, tell the shelter to contact you once the mandatory holding period is over. 

Final Thoughts

People who find abandoned, lost dogs often assume the worst, which is that the dog got dumped somewhere along the side of the road by a cruel owner.

However, nothing is further than the truth. Dogs get lost all the time. They jump fences, escape their collars, and some dogs are escape artists that always find a way out. 

Most lost dogs have owners that are going crazy with anxiety trying to find their family members, so if you come across a stray, try your darndest to find its home first before thinking about keeping it. More than likely, the “stray” has a panicky owner that is driving around madly trying to find their beloved pet. 

If the dog you found is indeed a stray with no home, then you can think about adding a new family member to your household. Think carefully about adding a stray to your home, as abandoned dogs are already traumatized and if for some reason, you give them up after a while, they can have even more behavioral issues.