Woodland, CA asked in Animal / Dog Law for California

Q: How long does CA law require me to look for the owner of a stray dog?

The dog has no microchip and no ID tags.

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1 Lawyer Answer

A: Civil Code § 2080. Duties of finder

“Any person who finds a thing lost is not bound to take charge of it. . .but when the person does take charge of it he or she is thenceforward a depositary for the owner, with the rights and obligations of a depositary for hire. Any person that. . .saves any domestic animal from harm, neglect, drowning, or starvation, shall, within a reasonable time, inform the owner, if known, and make restitution without compensation, except a reasonable charge for saving and taking care of the property. Any person who takes possession of a live domestic animal shall provide for humane treatment of the animal.”

Civil Code section 2080.1 provides:

“(a) If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff’s department of the county if found outside of city limits, and shall make an affidavit, stating when and where he or she found or saved the property, particularly describing it. If the property was saved, the affidavit shall state:

(1) From what and how it was saved.

(2) Whether the owner of the property is known to the affiant.

(3) That the affiant has not secreted, withheld, or disposed of any part of the property.

(b) The police department or the sheriff’s department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department or sheriff’s department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property.”

So, you aren't entitled to just keep someone's property. You are supposed to surrender it to the police/sheriff (Animal Control in this instance). You can then legally adopt the dog from Animal Control.

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