29/11/2024
I am reposting this. It was first published years ago. I still see there is confusion on the length of time a found animal needs to be held by a finder before rehoming when it is not surrendered to the shelter.
I say this at the end of the repost but state again, that I feel we have a moral obligation to post, put up found signs and do everything possible to reunite. I get challenged on this topic often and truly because my research was done sometime ago, things could have changed. With the full capacity of shelters, policies could change. Each county has different provisions of what finders need to do before rehoming. Because of differences, I strongly encourage people to contact the shelter with jurisdiction and ask the shelter staff directly, what the rehoming provisions are. For animals, county provisions override the RCW Property law.
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Found an animal?
I often see advice given from people on pages regarding a finder’s responsibility to locate the owners of a found animal.
Many say ~ you must “actively” search for the owners for at least 30 days before rehoming or keeping it. But no law I found says "actively". Does that mean going door to door and in what area? Dogs can run for miles. Putting up signs? How many signs do you put up and where? How many social media sites do you have to post on and how often? What if you do not have a computer or are elderly or have physical limitations and can’t get out to post signs or go door to door?
If you find a lost animal, you can contact your local Animal Control and they will come out to get it or you can bring it to the shelter. By surrendering you don’t have to take the steps expected of a finder who chooses to retain the animal at their home.
I did some additional research, this is one of the Washington State laws that I found.
RCW 9.08.070
Pet animals—Taking, concealing, injuring, killing, etc.—Penalty.
(1) Any person who, with intent to deprive or defraud the owner thereof, does any of the following shall be guilty of a gross misdemeanor punishable according to chapter 9A.20 RCW and, for adult offenders, a mandatory fine of not less than five hundred dollars per pet animal shall be imposed, except as provided by subsection (2) of this section:
(a) Takes, leads away, confines, secretes or converts any pet animal, except in cases in which the value of the pet animal exceeds seven hundred fifty dollars;
(b) Conceals the identity of any pet animal or its owner by obscuring, altering, or removing from the pet animal any collar, tag, license, tattoo, or other identifying device or mark;
(c) Willfully or recklessly kills or injures any pet animal, unless excused by law.
(2) Nothing in this section shall prohibit a person from also being convicted of separate offenses under RCW 9A.56.030, 9A.56.040, or 9A.56.050 for theft, under RCW 9A.56.150, 9A.56.160, or 9A.56.170 for possession of stolen property, or under chapter 16.52 RCW for animal cruelty.
Then I called Animal Control agencies in Pierce, Thurston, King, and Everett, as well as an Animal Rights Attorney. I was surprised by the responses I got.
Pierce County~
You must file a found report with the shelter. You should have the animal scanned for a chip. There is no time frame for owners to reclaim their pet. The legal owner can reclaim it from you at anytime, beyond the 30 days. The only legal way to keep a found pet is by surrendering it to the shelter for the mandatory 72 stray hold and then adopting it.
Thurston County~
You must file a report with the shelter. You should have the animal scanned for a chip and make every effort to locate the owner. “every effort” is not defined.
Thurston County ordinance 9.10.030 - Definitions.
"Owner" means any person who harbors, keeps, possesses or maintains a pet animal, or who encourages a pet animal to remain about their property for a period of fourteen consecutive days or more, or the person named on the license/registration record of any animal as the owner.
King County~
You must file a report with the shelter/animal control. You should post on their website as found. They encourage you have the animal scanned for a chip and to post on social media sites etc. There is no law giving a specific time frame before you can keep a found pet. They recommend that you look for the owner for 30 days.
Everett ~
You must report the found animal to Animal Control, you must put up posters, use social media/newspapers. After 30 days you can assume ownership; however the legal owner can reclaim the dog from you at anytime, beyond the 30 days by going to court. Finders need to contact the animal control for their jurisdiction because the responsibility of finder differs depending on where the pet was found.
*** 3/17/17 *** Additional from Kitsap. I got a voicemail back from them. The message advised me that their policy is that you can consider the found animal yours to keep or rehome after 14 days. But you have to do everything in your power to find the owners. Social media posts, flyers, everything you can to get the word out.
The Attorney advised me that the only way to legally take ownership is to surrender the animal to the shelter that has jurisdiction where the animal was found. If unclaimed, adopt it after the stray hold. Then the animal is yours, that severs the past owner’s right to reclaim.
Did you know that there were these differences depending on where the pet was found?
One thing is very clear, legally you have to report the animal as found to agency that has jurisdiction where it was found. At that time finders should seek advice from them on how to proceed.
Making assumptions that an animal should not be returned based on appearance is not the finders call to make! You do not know if Animal Control has been investigating the owner and trying to build a case of neglect or abuse. If you suspect abuse or neglect you aren’t helping the animal by not getting Animal Control involved. You don’t know the circumstances how the animal became on it’s own. It may be a newly fostered or adopted animal on it’s way to a better life. It may have been lost for a very long time; animals are amazing at surviving on their own!!! It may be stolen and dumped by an angry neighbor or relative.
After completing this research, my opinion didn’t change on what I believe should be done. We have a legal responsibility to report the found pet to Animal Control / Shelter. I also feel we have a moral responsibility that goes beyond this legal obligation to try help the animal get back to it's family.