Lost Pet

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Titlesort descending Summary
AL - Dog - Chapter 49. Mobile County Dog Laws 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.
AL - Impound - Destruction of impounded dogs and cats This Alabama statute provides that all dogs, cats, and ferrets which have been impounded for lack of rabies immunization, after due notice has been given to the owner as provided in Section 3-7A-7, may be humanely destroyed and disposed of when not redeemed by the owner within seven days. The owner may redeem the animal before destruction by paying the associated costs of vaccination (if no proof of prior vaccination) and impoundment.
Allendorf v. Redfearn


After a farm employee was injured in an all terrain vehicle (ATV) while trying to round up a bull, he sued the farm owners under the Domestic Animals Running at Large Act. The Appellate Court held that the employee could not recover under the Act, which protects members of the general public who cannot be expected to appreciate the risk posed by an animal. Because the employee was not an innocent bystander but rather was attempting to exercise control over the bull at the time he was injured, he fell within the Act's definition of an “owner” of the bull.

Alvarez v. Clasen


Plaintiff sued neighbors who trapped cat outside and brought it to an animal shelter where it was euthanized. This court held that private parties trapping a stray cat were not liable for conversion because local ordinances permitted animal shelters to hold stray cats. 

Anays Rodriguez-Porras, Plaintiff v. Miami-Dade Animal Services, Miami-Dade Police Department, Miami-Dade County, Defendants


This Miami-Dade County, Florida case concerns the unauthorized euthanization of the plaintiff's dog, "Cowboy." Cowboy was a beloved family pet who was fitted with an identification microchip in case he was ever lost. In August of 2005, Cowboy got loose after being frightened by a storm and picked up by an animal shelter officer. The plaintiff was inaccurately informed that no dog matching Cowboy's description was at the shelter (records from the shelter showed he was actually picked up the same day he escaped from his home). Five days later, she was informed that Cowboy was at the shelter. After telling the shelter she would be there the next day to pick up Cowboy (since the shelter was closing and would not wait for her to arrive), the shelter euthanized the dog despite assurances to plaintiff that he would be kept safe. Plaintiff sued animal control, the county, and police department for intentional infliction of emotional distress, conversion, wrongful disposition of a body, and negligence.

Arguello v. Behmke


The adoption of a dog was invalidated and the court ordered its return to the original owner. The shelter's placement of the dog with a new family was invalid because the shelter agreed that it would hold the dog for a certain period of time.

AZ - Microchip - 44-8021. Dog or cat possession; microchip scan; owner notification; definition 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.
Birmingham Humane Society v. Dickson


The owner of a lost dog found the dog in an animal shelter and asked for its return. The shelter gave it back but sterilized it first despite the owner's wishes that it not be sterilized. The court held the shelter owed a duty to give the dog back without sterilizing it and affirmed a finding of negligence.

Brief Summary of Humane Societies and Enforcement Powers


In some states, humane societies are granted police powers to enforce animal cruelty laws. This Article explains the systems that states use to grant police powers to humane societies.

CA - Euthanasia - § 599d. Policy of state regarding adoptable and treatable animals This law provides that it is the policy of the state that no adoptable animal should be euthanized if it can be adopted into a suitable home. (Editor's note: The law was part of SB 1785 (the Hayden Act) that expanded the holding time for companion animals and the duties of pounds and shelters who act as depositories for lost or stray animals).

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