Escalon, CA asked in Animal / Dog Law for California

Q: Legalities regarding taking possession of stray dog which is well-known to the community, including animal control...?

Given the following facts, we firmly believe the spirit of the law(s) to be in our favor, we are wondering if the letter of the law may possibly be used against my friend.

A very skittish dog began living in a field (non residential area) approximately three months ago, at which time animal control was notified. Numerous failed attempts had been made to capture the dog by Animal Control officers (who tried for over a month), rescue organizations, and the general public. The dog refused to enter a trap and would run if anyone got within 5 feet. Hypothetically, if my friend were to gain the dog's trust and the dog followed her home, would the time clock on the mandatory stray dog hold NOT have expired due to: Animal Control being well aware of the animal for a few months , so a found report should be on file ; Every feasible attempt to locate an owner has been made (with the help of local merchants, social media, etc..); The majority of citizens in the small town have seen the dog.

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2 Lawyer Answers

A: Facts are a bit confusing, but if your "friend" happened to befriend the dog and take it home, and no one finked on her (i.e. contacted animal control), then she could keep the dog.

A: If the dog is stray, and now is not stray because you friend took it home, then why would Animal Control try to take it? It is no longer stray. It has an owner. Take it to the vet, get its shots up to date, and get it licensed.

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