Lost Pet
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RI - Livestock, damage done by - Chapter 14. Damage by Animals | This chapter deals with responsibilities and liability for livestock at large. No horse, bull, boar, ram, or goat shall be permitted to run at large and if the owner or keeper of these, for any reason suffers any animals to do so he or she shall upon conviction be fined not in excess of one hundred dollars ($100) and be liable in addition for all damages done by the animal while so at large. The chapter also specifies procedures for impounding animals found at large. |
SAM LAMBERT & ANDRIA LAMBERT v. SALLY MORRIS & STEVE HAIR | 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. |
Sao Paulo State Stray Dog Law |
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SC - Impound - § 47-3-40. Impoundment or quarantine of cat or dog running at large; release to owner. | This South Carolina statute provides that the county or municipal animal shelter or animal control officers shall pick up and impound or quarantine any dog running at large. To obtain release of a dog or cat, an owner must prove that the dog or cat is currently inoculated against rabies and also pay an impound or quarantine fee determined by the governing body of the county or municipality. |
SC - Impound - § 47-3-540. Destruction of identifiable dog by animal control officer; prior notification of owner | This South Carolina statute provides that animal control officers must not destroy any positively identifiable dog until they have notified the owner at his or her last known address by registered mail that they have the dog in their possession. The owner then has two weeks to reclaim his or her dog, after which the animal may be destroyed. |
Scotland - Dogs, microchip - The Microchipping of Dogs (Scotland) Regulations 2016 | |
SD - Licenses - 40-34-5. Running at large prohibited by county--County license or tax on dogs | This South Dakota statute provides that the board of county commissioners of each of the counties shall have the power to regulate, restrain or prohibit the running at large of dogs and to impose a license or tax on all dogs not licensed or taxed under municipal ordinance, owned or kept by any person within the county. |
SD - Lost Property - Chapter 43-41. Lost and Found Property. | These statutes comprise South Dakota's lost property provisions. |
Sexton v. Brown |
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State Holding Period Laws for Impounded Animals |
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. |