Brooklyn, NY asked in Animal / Dog Law for New York

Q: Found a dog but could not find its owner. What are my rights?

My fiance and I found a dog walking around without a tag, and couldn't find out where she came from. We posted and checked lost dog groups on Facebook, checked the area and surrounding areas frequently but did not see any posters. We planned to foster the dog until we found the owner but it's been 3 months and said dog has become family. We don't know anything about her, can only figure her age to be about 6 months but we're not sure, and obviously need to take her to a vet for a checkup/any vaccines. Is there anyway that they could take the dog away if she's not microchipped? We really don't want to lose her. Can one even apply for a license for a found animal?

Also: if she is microchipped, what would I have to do?

Related Topics:
1 Lawyer Answer
Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Animal & Dog Law Lawyer
  • New York, NY
  • Licensed in New York

A: To apply for a dog license, most municipalities only require proof of vaccinations. However, before you do all that you must report to local law enforcement and check with local animal shelters. If you don't, any claim to ownership will be jeopardized for the future. You should also post information on an Internet site like Criagslist. There is generally a lost pets section. Once you do all those things and wait a reasonable period of time, it is appropriate to apply for a license. If you do all that and the owner appears at some time in the future you will have an arguable ownership claim. There is no way to guarantee that you will not have to deal with that situation at some point. If that were to happen, a civil proceeding may be necessary to determine whose rights to the dog are superior. Assuming you were to lose, you would still be entitled to recover financially for expenses relating to the dog's care.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.