Lost Pet

State Holding Period Laws for Impounded Animals

Summary:

Holding period laws are state requirements that determine how long an impounded animal must be “held” before it is able to be released or euthanized. Typically, these laws give owners anywhere between three and ten days to redeem the animal before the animal can be placed for adoption, sold, or euthanized. The majority of states require a holding period of three to five days. In all of the states with holding laws, the decision of what happens to the animal after the holding period has passed is left solely up to the animal shelter or organization that has impounded the animal.

Holding period laws are state requirements that determine how long an impounded animal must be “held” before it is able to be released or euthanized. Typically, these laws give owners anywhere between three and ten days to redeem the animal before the animal can be placed for adoption, sold, or euthanized. The majority of states require a holding period of three to five days. In all of the states with holding laws, the decision of what happens to the animal after the holding period has passed is left solely up to the animal shelter or organization that has impounded the animal.

MI - Running at Large - Chapter 433. Animals Running at Large.

Summary: This chapter of Michigan laws deals with animals running at large. In Michigan, an owner cannot allow an animal (defined here as cattle, horses, sheep, swine, mules, burros, or goats) to run at large. In addition, a person that is not the owner of the animal cannot willfully and knowingly allow the animal to run at large. Any person who allows an animal to run at large will be guilty of a misdemeanor. Law enforcement is authorized to take possession of any animal that is running at large. Once the animal is in possession of law enforcement, the owner of the animal must be notified or a notice must be placed in the newspaper within 30 days.

This chapter of Michigan laws deals with animals running at large. In Michigan, an owner cannot allow an animal (defined here as cattle, horses, sheep, swine, mules, burros, or goats) to run at large. In addition, a person that is not the owner of the animal cannot willfully and knowingly allow the animal to run at large. Any person who allows an animal to run at large will be guilty of a misdemeanor. Law enforcement is authorized to take possession of any animal that is running at large. Once the animal is in possession of law enforcement, the owner of the animal must be notified or a notice must be placed in the newspaper within 30 days.

Lira v. Greater Houston German Shepherd Dog Rescue, Inc.

Summary:

In this case, plaintiff’s family dog, a German Shepherd named Monte, ran away and was rescued by Greater Houston German Shepherd Dog Rescue (GHGSDR). The organization refused to return the dog to plaintiff, so plaintiff filed suit against GHGSDR. The court found that there is no common law that states that a dog owner loses property rights to its dog if it runs away and is found by someone else. The court also looked to whether or not there was a city ordinance that would determine the proper ownership of the dog. Ultimately, the court found that the city ordinance regarding stray dogs did not strip the plaintiff of ownership rights because the dog had run away. The court also held that if there were any doubts as to the meaning of the ordinance, it should always be read “against a forfeiture of property.” The Supreme Court of Texas reversed judgment of the court of appeals and rendered judgment reinstating the trial court's judgment that Monte belonged to the Liras and the court properly enjoined GHGSDR to return him to his owners. 

In this case, plaintiff’s family dog, a German Shepherd named Monte, ran away and was rescued by Greater Houston German Shepherd Dog Rescue (GHGSDR). The organization refused to return the dog to plaintiff, so plaintiff filed suit against GHGSDR. The court found that there is no common law that states that a dog owner loses property rights to its dog if it runs away and is found by someone else. The court also looked to whether or not there was a city ordinance that would determine the proper ownership of the dog. Ultimately, the court found that the city ordinance regarding stray dogs did not strip the plaintiff of ownership rights because the dog had run away. The court also held that if there were any doubts as to the meaning of the ordinance, it should always be read “against a forfeiture of property.” The Supreme Court of Texas reversed judgment of the court of appeals and rendered judgment reinstating the trial court's judgment that Monte belonged to the Liras and the court properly enjoined GHGSDR to return him to his owners. 

MS - Theft - § 97-17-61. Taking of animals or vehicles

Summary: This Mississippi statute provides that any person who takes away any livestock animal, dog, or vehicle without the consent of the owner or his or her agent, where such taking and carrying away does not amount to larceny, shall be fined, imprisoned, or both upon conviction. This statute does not apply to anyone who takes property of another believing, in good faith, that he or she has a right to do so.

This Mississippi statute provides that any person who takes away any livestock animal, dog, or vehicle without the consent of the owner or his or her agent, where such taking and carrying away does not amount to larceny, shall be fined, imprisoned, or both upon conviction. This statute does not apply to anyone who takes property of another believing, in good faith, that he or she has a right to do so.

MS - Dog Theft - Chapter 17. Crimes Against Property

Summary: This Mississippi Statute provides that a person commits a felonious offense by stealing, taking and carrying away any dog that is the property of another. If the person who commits the offense is indicted and convicted for stealing the dog, he or she shall be punished by a fine not more than $500, imprisonment not more than 6 months, or both, or imprisoned in the penitentiary not less than 1 year nor more than 2 years.

This Mississippi Statute provides that a person commits a felonious offense by stealing, taking and carrying away any dog that is the property of another. If the person who commits the offense is indicted and convicted for stealing the dog, he or she shall be punished by a fine not more than $500, imprisonment not more than 6 months, or both, or imprisoned in the penitentiary not less than 1 year nor more than 2 years.

FAQ: Mandatory Scans for Microchips

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In addition to collars with identification tags, another option many people chose to help identify a lost pet is a microchip implantation. In 2021, Hawaii became the first state to MANDATE that owners microchip their pets. With this law, shelters and rescues were required to both scan and implant chips into stray animals in their custody. only nine (9) states and the District of Columbia require animal shelters, animal pounds, or animal control to scan for this microchip.

WY - Impound - § 33-30-215. Disposition of unclaimed animals in custody of veterinarians;

Summary: This Wyoming statute states that any animal placed in the custody of a licensed veterinarian for treatment, boarding, or other care, which is then unclaimed by its owner for a period of more than ten days after written notice is given to the owner at his or her last known address, shall be deemed to be abandoned. It may then be turned over to the nearest humane society or dog pound in the area where it may be disposed of as the shelter sees fit.

This Wyoming statute states that any animal placed in the custody of a licensed veterinarian for treatment, boarding, or other care, which is then unclaimed by its owner for a period of more than ten days after written notice is given to the owner at his or her last known address, shall be deemed to be abandoned. It may then be turned over to the nearest humane society or dog pound in the area where it may be disposed of as the shelter sees fit.

WY - Dog - Consolidated Dog Laws

Summary: These Wyoming statutes comprise the state's dog laws. Among the provisions include damage done to livestock by dogs, rabies vaccination requirements, and municipal powers to regulate dogs.

These Wyoming statutes comprise the state's dog laws. Among the provisions include damage done to livestock by dogs, rabies vaccination requirements, and municipal powers to regulate dogs.

WV - Impound - § 19-20-8. Impounding and disposition of dogs; costs and fees

Summary: This West Virginia statute provides that dogs seized and impounded as provided in this article shall be kept housed and fed in the county dog pound for five days after notice of seizure and impounding has been given or posted. Upon expiration this time period, all dogs which have not previously been redeemed by their owners shall be sold or humanely destroyed (this statute outlines what constitutes "humanely destroyed"). The owner may, at any time prior to the expiration of five days retrieve his or her dog by paying the requisite fees and satisfying any other provisions.

This West Virginia statute provides that dogs seized and impounded as provided in this article shall be kept housed and fed in the county dog pound for five days after notice of seizure and impounding has been given or posted. Upon expiration this time period, all dogs which have not previously been redeemed by their owners shall be sold or humanely destroyed (this statute outlines what constitutes "humanely destroyed"). The owner may, at any time prior to the expiration of five days retrieve his or her dog by paying the requisite fees and satisfying any other provisions.