Lost Pet

AL - Dog - Chapter 49. Mobile County Dog Laws

Summary: These are laws specific to Mobile County in Alabama. The first set of laws concern the regulation of dangerous or nuisance dogs in the county. An animal control officer or law enforcement officer of Mobile County shall investigate any incidents involving any dog reported to be dangerous or a nuisance in the unincorporated areas of Mobile County. If there is probable cause to believe that an owned dog is dangerous or a nuisance and has caused serious physical injury or has caused damage to real or personal property, the law enforcement officer or animal control officer shall impound the dog pending disposition of a petition to declare a dog to be dangerous or a nuisance. The next law (§ 45-49-231) concerns theft of dogs in the county. Any person who picks up a dog wearing a collar and name plate bearing the name and address of the owner of the dog shall make contact with the owner and deliver the dog to the owner, or return the dog to the place where the dog was picked up. If the person fails to carry out this section, he or she shall be subject to arrest and prosecution for the crime of theft as provided in Chapter 8 of Title 13A.

These are laws specific to Mobile County in Alabama. The first set of laws concern the regulation of dangerous or nuisance dogs in the county. An animal control officer or law enforcement officer of Mobile County shall investigate any incidents involving any dog reported to be dangerous or a nuisance in the unincorporated areas of Mobile County. If there is probable cause to believe that an owned dog is dangerous or a nuisance and has caused serious physical injury or has caused damage to real or personal property, the law enforcement officer or animal control officer shall impound the dog pending disposition of a petition to declare a dog to be dangerous or a nuisance. The next law (§ 45-49-231) concerns theft of dogs in the county. Any person who picks up a dog wearing a collar and name plate bearing the name and address of the owner of the dog shall make contact with the owner and deliver the dog to the owner, or return the dog to the place where the dog was picked up. If the person fails to carry out this section, he or she shall be subject to arrest and prosecution for the crime of theft as provided in Chapter 8 of Title 13A.

AZ - Microchip - 44-8021. Dog or cat possession; microchip scan; owner notification; definition

Summary: This Arizona law from 2022 requires an animal shelter to thoroughly scan for the presence of a microchip in the dog or cat and make a reasonable effort to contact the owner after taking possession of a dog or cat.

This Arizona law from 2022 requires an animal shelter to thoroughly scan for the presence of a microchip in the dog or cat and make a reasonable effort to contact the owner after taking possession of a dog or cat.

Theis v. Yuba County Sheriff's Department

Summary: The Plaintiffs allege that their cat, named Pizza, was unlawfully euthanized at Yuba County Animal Care Services shelter in Olivehurst, California on or about February 9, 2018. Pizza went missing on or about February 9, 2018 and Plaintiffs found out later that same day that a neighbor had found the cat and brought it to the Yuba County animal shelter. The Plaintiffs attempted to contact the shelter, but it had already closed for the evening. The next morning around 9:30 a.m., the Plaintiffs arrived at the shelter and learned that Pizza had been euthanized as early as 5:00 p.m. the night before. Defendant Barnhill, the shelter’s supervising officer, informed the Plaintiff’s that Pizza had been injured, however, the neighbor who brought the cat to the shelter without knowing it was the Plaintiffs’ described Pizza as looking healthy. The Plaintiffs contend that Pizza’s euthanization falls within an ongoing pattern and practice of abuse and failure to follow state and federal law. Plaintiffs filed their original complaint on October 1, 2018. The Defendants removed the case to federal court. Plaintiff’s asserted four claims in their First Amended Complaint: (1) the failure to perform mandatory duties in violation of California Government Code section 815.6, (2) petition for a writ of mandate under California Code of Civil Procedure section 1085, (3) violation of the plaintiff’s Fourteenth Amendment substantive due process rights under 42 U.S.C. section 1983, (4) negligence under California common law. The Defendants moved to dismiss Plaintiff’s First Amended Complaint and alleged that the Plaintiff’s did not plead facts sufficient to show that Barnhill engaged in unlawful conduct or to establish a substantive or procedural due process violation. The Court, however, granted the Plaintiffs leave to amend their complaint as to the section 1983 claim. The Court declined to assert supplemental jurisdiction over the state law claims, which were the Plaintiff’s first, second, and fourth claims since the Plaintiff’s had conceded that their federal claim by requesting to amend their complaint. As a result, the Court reviewed remaining claims to determine whether they may be included in any amended complaint or whether leave to amend would be futile. The Court determined that granting Plaintiff’s leave to file a second amended complaint would not be futile on all of their claims except for the petition for writ of mandate claim. California’s Civil Procedure Code section 1085 does not apply to federal courts and, therefore, the Plaintiff’s leave to amend this claim would be futile. Ultimately, the Court ordered Plaintiff’s third cause of action for violations of their Fourteenth Amendment substantive and procedural due process rights be dismissed with leave to amend, the Plaintiff’s state law claims in their first, second, and fourth causes of action be dismissed with leave to amend to the extent consistent with the order, and denied the Defendant's motions to strike Plaintiffs' punitive damages claim. Plaintiffs were required to file a second amended complaint within 21 days of the date the order was filed if they wished to amend their complaint.

The Plaintiffs allege that their cat, named Pizza, was unlawfully euthanized at Yuba County Animal Care Services shelter in Olivehurst, California on or about February 9, 2018. Pizza went missing on or about February 9, 2018 and Plaintiffs found out later that same day that a neighbor had found the cat and brought it to the Yuba County animal shelter. The Plaintiffs attempted to contact the shelter, but it had already closed for the evening. The next morning around 9:30 a.m., the Plaintiffs arrived at the shelter and learned that Pizza had been euthanized as early as 5:00 p.m. the night before. Defendant Barnhill, the shelter’s supervising officer, informed the Plaintiff’s that Pizza had been injured, however, the neighbor who brought the cat to the shelter without knowing it was the Plaintiffs’ described Pizza as looking healthy. The Plaintiffs contend that Pizza’s euthanization falls within an ongoing pattern and practice of abuse and failure to follow state and federal law. Plaintiffs filed their original complaint on October 1, 2018. The Defendants removed the case to federal court. Plaintiff’s asserted four claims in their First Amended Complaint: (1) the failure to perform mandatory duties in violation of California Government Code section 815.6, (2) petition for a writ of mandate under California Code of Civil Procedure section 1085, (3) violation of the plaintiff’s Fourteenth Amendment substantive due process rights under 42 U.S.C. section 1983, (4) negligence under California common law. The Defendants moved to dismiss Plaintiff’s First Amended Complaint and alleged that the Plaintiff’s did not plead facts sufficient to show that Barnhill engaged in unlawful conduct or to establish a substantive or procedural due process violation. The Court, however, granted the Plaintiffs leave to amend their complaint as to the section 1983 claim. The Court declined to assert supplemental jurisdiction over the state law claims, which were the Plaintiff’s first, second, and fourth claims since the Plaintiff’s had conceded that their federal claim by requesting to amend their complaint. As a result, the Court reviewed remaining claims to determine whether they may be included in any amended complaint or whether leave to amend would be futile. The Court determined that granting Plaintiff’s leave to file a second amended complaint would not be futile on all of their claims except for the petition for writ of mandate claim. California’s Civil Procedure Code section 1085 does not apply to federal courts and, therefore, the Plaintiff’s leave to amend this claim would be futile. Ultimately, the Court ordered Plaintiff’s third cause of action for violations of their Fourteenth Amendment substantive and procedural due process rights be dismissed with leave to amend, the Plaintiff’s state law claims in their first, second, and fourth causes of action be dismissed with leave to amend to the extent consistent with the order, and denied the Defendant's motions to strike Plaintiffs' punitive damages claim. Plaintiffs were required to file a second amended complaint within 21 days of the date the order was filed if they wished to amend their complaint.

Finn v. Anderson

Summary: This replevin action concerns ownership of an "indoor/outdoor" cat named "Sylvester" or "Marshmallow," depending on perspective. In September 2018, plaintiffs found an unidentified, thin, white cat hanging around their house looking for food. After several months of feeding the cat, in January 2019, plaintiffs decided to bring the cat inside and take it to a vet, where he was de-wormed, vaccinated, treated for fleas, microchipped, and dubbed "Sylvester." A few weeks later, Sylvester accidentally got out of plaintiff's house where plaintiff found out from a neighbor that the cat was taken back by the Defendant, who claimed that Sylvester is actually "Marshmallow" and had been plaintiff's indoor/outdoor cat since 2009. Plaintiff then filed a replevin action against defendant to recover legal possession of Sylvester, aka Marshmallow. The City Court, New York, Jamestown, Chautauqua County first noted that, regardless of how people feel about their dogs and cats, New York law treats them as personal property and even "chattel." While the court observed that the trend has been the "de-chattelization" of household pets in New York, it has not gone so far as to adopt a "best interests" standard to replace the superior possessory rights standard. The court noted that there is inherent difficulty in applying a best interests standard with pets because there is no practical way of gauging a pet's feelings and assessing its interests. The court further stated that New York Courts have developed a “quasi-interests based standard” for pets that considers highly subjective factors. Significantly, the court declared the following: "[w]hile it appears the Appellate Division, Fourth Department, has not addressed the issue, this Court concludes that it is time to declare that a pet should no longer be considered “personal property” like a table or car." Thus, using a "best for all concerned" articulated in Raymond v. Lachmann in 1999, this court weighed the factors whether to place Sylvester/Marshmallow with plaintiff or defendant based on the care provided by both parties. The court found, in a very close decision, that the “best interests of all concerned” test leaves the custody of the cat, Sylvester/Marshmallow, with the defendant. While the court was convinced that plaintiffs were genuinely concerned for Sylvester's/Marshmallow's welfare and spent time and money on his care, it appears that Sylvester/Marshmallow may have “voted with his feet” to return to his home of ten years with the defendant and her children. The Court found in favor of the defendant, and plaintiff's claim was dismissed.

This replevin action concerns ownership of an "indoor/outdoor" cat named "Sylvester" or "Marshmallow," depending on perspective. In September 2018, plaintiffs found an unidentified, thin, white cat hanging around their house looking for food. After several months of feeding the cat, in January 2019, plaintiffs decided to bring the cat inside and take it to a vet, where he was de-wormed, vaccinated, treated for fleas, microchipped, and dubbed "Sylvester." A few weeks later, Sylvester accidentally got out of plaintiff's house where plaintiff found out from a neighbor that the cat was taken back by the Defendant, who claimed that Sylvester is actually "Marshmallow" and had been plaintiff's indoor/outdoor cat since 2009. Plaintiff then filed a replevin action against defendant to recover legal possession of Sylvester, aka Marshmallow. The City Court, New York, Jamestown, Chautauqua County first noted that, regardless of how people feel about their dogs and cats, New York law treats them as personal property and even "chattel." While the court observed that the trend has been the "de-chattelization" of household pets in New York, it has not gone so far as to adopt a "best interests" standard to replace the superior possessory rights standard. The court noted that there is inherent difficulty in applying a best interests standard with pets because there is no practical way of gauging a pet's feelings and assessing its interests. The court further stated that New York Courts have developed a “quasi-interests based standard” for pets that considers highly subjective factors. Significantly, the court declared the following: "[w]hile it appears the Appellate Division, Fourth Department, has not addressed the issue, this Court concludes that it is time to declare that a pet should no longer be considered “personal property” like a table or car." Thus, using a "best for all concerned" articulated in Raymond v. Lachmann in 1999, this court weighed the factors whether to place Sylvester/Marshmallow with plaintiff or defendant based on the care provided by both parties. The court found, in a very close decision, that the “best interests of all concerned” test leaves the custody of the cat, Sylvester/Marshmallow, with the defendant. While the court was convinced that plaintiffs were genuinely concerned for Sylvester's/Marshmallow's welfare and spent time and money on his care, it appears that Sylvester/Marshmallow may have “voted with his feet” to return to his home of ten years with the defendant and her children. The Court found in favor of the defendant, and plaintiff's claim was dismissed.

SAM LAMBERT & ANDRIA LAMBERT v. SALLY MORRIS & STEVE HAIR

Summary: Plaintiffs Sam Lambert and Andria Lambert appeal the trial court's granting of summary judgment in this lost dog case. Specifically, plaintiffs filed an action against defendants Sally Morris and Steve Hair alleging conversion, civil conspiracy, unfair and deceptive trade practices, and intentional or reckless infliction of emotional distress, as well as injunctive relief and damages related to the disappearance of their dog, Biscuit. Biscuit went missing in August of 2015. After searching for Biscuit for several days, plaintiffs contacted the local animal control and posted Biscuit as a lost dog on animal control's unofficial Facebook page. Over a month later, a citizen brought Biscuit (who had no microchip or collar on) to animal control where she was placed in a holding cell. After the 72-hour hold, Biscuit was transferred to the Humane Society. Biscuit was spayed and examined by a veterinarian, and a picture was posted on the Humane Society website. At the vet exam, tumors were discovered in Biscuit's mammary glands and so surgery was performed, some of it paid for by defendant Hair. Hair eventually adopted Biscuit. Almost a year later, plaintiffs found an old picture of Biscuit on the Humane Society Facebook page and attempted to claim Biscuit. Defendant Hair learned of this and requested that plaintiffs reimburse for veterinary expenses, to which they agreed. After some discussion, Hair learned plaintiffs had over 14 dogs and refused to return Biscuit without a home inspection. That caused a heated discussion and the meeting between plaintiffs and defendant ended without the dog returning. About a month later, plaintiffs filed suit against defendants, whereupon defendants filed a motion for summary judgment. On appeal here, the court first noted that, per state law, an animal shelter hold a lost or abandoned dog for at least 72-hours. Here, animal control satisfied its legal duty by keeping Biscuit in custody for the required holding period before transferring her to the Humane Society. Thus, plaintiffs lost any ownership rights to Biscuit after the 72-hour mark. Moreover, almost a month had passed between the time Biscuit was taken in by animal control and the formal adoption by defendant Hair at the Humane Society. As a result, the court found that Hair was the rightful owner of Biscuit and was entitled to negotiate with plaintiffs as he saw fit. Thus, no genuine issues of material fact existed for plaintiffs at trial. Accordingly, the trial court did not err in granting summary judgment to defendants and dismissing plaintiffs’ claims.

Plaintiffs Sam Lambert and Andria Lambert appeal the trial court's granting of summary judgment in this lost dog case. Specifically, plaintiffs filed an action against defendants Sally Morris and Steve Hair alleging conversion, civil conspiracy, unfair and deceptive trade practices, and intentional or reckless infliction of emotional distress, as well as injunctive relief and damages related to the disappearance of their dog, Biscuit. Biscuit went missing in August of 2015. After searching for Biscuit for several days, plaintiffs contacted the local animal control and posted Biscuit as a lost dog on animal control's unofficial Facebook page. Over a month later, a citizen brought Biscuit (who had no microchip or collar on) to animal control where she was placed in a holding cell. After the 72-hour hold, Biscuit was transferred to the Humane Society. Biscuit was spayed and examined by a veterinarian, and a picture was posted on the Humane Society website. At the vet exam, tumors were discovered in Biscuit's mammary glands and so surgery was performed, some of it paid for by defendant Hair. Hair eventually adopted Biscuit. Almost a year later, plaintiffs found an old picture of Biscuit on the Humane Society Facebook page and attempted to claim Biscuit. Defendant Hair learned of this and requested that plaintiffs reimburse for veterinary expenses, to which they agreed. After some discussion, Hair learned plaintiffs had over 14 dogs and refused to return Biscuit without a home inspection. That caused a heated discussion and the meeting between plaintiffs and defendant ended without the dog returning. About a month later, plaintiffs filed suit against defendants, whereupon defendants filed a motion for summary judgment. On appeal here, the court first noted that, per state law, an animal shelter hold a lost or abandoned dog for at least 72-hours. Here, animal control satisfied its legal duty by keeping Biscuit in custody for the required holding period before transferring her to the Humane Society. Thus, plaintiffs lost any ownership rights to Biscuit after the 72-hour mark. Moreover, almost a month had passed between the time Biscuit was taken in by animal control and the formal adoption by defendant Hair at the Humane Society. As a result, the court found that Hair was the rightful owner of Biscuit and was entitled to negotiate with plaintiffs as he saw fit. Thus, no genuine issues of material fact existed for plaintiffs at trial. Accordingly, the trial court did not err in granting summary judgment to defendants and dismissing plaintiffs’ claims.

Scotland - Dogs, microchip - The Microchipping of Dogs (Scotland) Regulations 2016

Summary: Regulations providing for the compulsory microchipping of dogs and the recording of each dog’s identity and its keeper’s contact details on a database.

Regulations providing for the compulsory microchipping of dogs and the recording of each dog’s identity and its keeper’s contact details on a database.

NY - Lien upon strays - § 310. Lien upon strays

Summary: If any person finds any livestock on their enclosed land, or finds livestock on their land doing damage, and the livestock did not come from adjoining lands because of the refusal or neglect to erect a division fence required by law, such person may have a lien over all other liens on such livestock. The lien shall last for as long as such person retains possession of the livestock, and as long as the damage remains to his land, until the damages, charges, fees, and costs are paid for keeping the livestock.

If any person finds any livestock on their enclosed land, or finds livestock on their land doing damage, and the livestock did not come from adjoining lands because of the refusal or neglect to erect a division fence required by law, such person may have a lien over all other liens on such livestock. The lien shall last for as long as such person retains possession of the livestock, and as long as the damage remains to his land, until the damages, charges, fees, and costs are paid for keeping the livestock.

Looking for a Good Home: Balancing Interests in the Disposition of Impounded Animals to Owners and Rescues

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Summary: This Article explores the scope of governmental authority to interfere with or terminate the property rights of pet owners in the interest of efficiency and effectiveness. Part I sets out the regulatory framework for local animal control programs, describing the process for handling and disposing of stray animals and the provisions designed to help reunite owners with their pets. Part II then turns to the issue of post-redemption ownership, discussing the recognized reach of the law and its limitations as well as the cases that have contemplated termination of an owner’s rights to a pet. Part III explores the policy reasons that support a clear demarcation of when ownership of an unclaimed, impounded animal should be established in the government, making possible a clear transfer of title from a public shelter to an adopter or transferee, and Part IV suggests means by which a local government might increase the possibility of reuniting an owner with a pet within the appropriate timeframe to avoid the conflicts created by late-redeeming owners.

This Article explores the scope of governmental authority to interfere with or terminate the property rights of pet owners in the interest of efficiency and effectiveness. Part I sets out the regulatory framework for local animal control programs, describing the process for handling and disposing of stray animals and the provisions designed to help reunite owners with their pets. Part II then turns to the issue of post-redemption ownership, discussing the recognized reach of the law and its limitations as well as the cases that have contemplated termination of an owner’s rights to a pet. Part III explores the policy reasons that support a clear demarcation of when ownership of an unclaimed, impounded animal should be established in the government, making possible a clear transfer of title from a public shelter to an adopter or transferee, and Part IV suggests means by which a local government might increase the possibility of reuniting an owner with a pet within the appropriate timeframe to avoid the conflicts created by late-redeeming owners.