How Long Before A Stray Dog Is Legally Yours In California?

Disclaimer: I am not an attorney, and the content of this article is for informational purposes only. It should not be construed as legal advice. If you have specific legal questions or concerns, please consult with a licensed attorney in California.

If you’ve stumbled upon a stray dog in California, it’s crucial that you check out your local ordinances to find out what you’re required to do next. You may want to keep this dog, and you may be wondering how long before a stray dog is legally yours in California.

There is some state-wide guidance that all cities and counties must abide by. But nuances abound across the Golden State. So how long before that stray dog is legally yours, if ever, varies from city to city.

How Long Before A Stray Dog Is Legally Yours In California?

In California, stray dogs surrendered to shelters have a mandatory six-day hold. The first three days are for owner claims. After that, they become adoptable. If not surrendered to the shelter, time for legal ownership varies. For example, you’re considered the legal owner of a found stray in San Bernardino County after 15 consecutive days of care.

Under certain circumstances, that 6-day holding period is reduced to 4 days. Circumstances include limited shelter staff or shelters being open on weekends.

This is roughly in line with the national average. For example, stray dogs in Alabama are held for 7 days.

It’s important to note that California does not specify your legal obligations when you find a stray dog. However, that doesn’t mean you are welcome to adopt any stray you find on the spot.

Dogs As Property In California

According to California Family Code Sec. 2605, dogs are considered property in California. Special provisions exist in California in the event of families getting divorced. But, essentially, dogs are treated the same as your TV or your wallet.

So we’ll need to examine California property law to determine how long before a stray dog is legally yours.

If you see a stray dog (or see someone drop their wallet on the street), you are not legally bound to take charge of it. However, if you do, you are not now the owner but are instead a “depositary for the owner.” (source)

You are required to make “reasonable and just efforts” to find the owner and restore the property to them. Failure to do so is technically considered larceny (theft) in California. (source)

What are “Reasonable and just efforts” to reunite a stray dog with their owner? These may be surrendering the dog to the animal shelter, putting up flyers, having it scanned for a microchip, and posting in community forums.

Typically, owners are looking for their lost dog and will be happy you helped reunite them with their pup.

In the meantime, if you’re curious how hold that stray dog you just found is, you can head over to my article: How Old Is My Rescue Dog? I go super in-depth about how to tell how old a rescue dog is down to a few months.

Stray Dogs Surrendered To Shelters In California

This is where the law in California gets more complicated. As stated, if you surrender the dog to the animal shelter, it must be held there for at least 6 days. During the first 3 days, the dog is reserved for the owner to reclaim it. During the last 3 days of their holding period, it becomes available or adoption.

At this time, you can legally adopt the dog from the shelter, making it legally yours after just 3 days.  (source)

Stray Dogs You Keep In California

However, if you decide to keep the dog while making reasonable efforts to find the owner, there is, technically, no specified time period before that stray dog is legally yours in California.

Regardless, that dog’s original owner will always have a legal claim to the dog unless you adopt it from the shelter.

However, these are just the laws regarding stray dogs at the state level. Municipalities and cities across the state of California may have conflicting or additional guidance regarding how long before a stray dog is legally yours.

Besides just the legality of taking in a stray dog as a foster, you should think long and hard about whether or not fostering a dog is right for you. I’ve made a handy guide to help folks just like you decide if their home and lifestyle is compatible with fostering.

Stray Dogs In San Bernardino County, California

In San Bernardino County, California, you can take a stray dog into your possession provided you contact animal control within 4 hours of finding it and surrender it to them on demand. After that, you are considered the owner of a dog after caring for it for 15 days.

California’s largest county, San Bernardino County, mandates in municipal code 32.0108 that individuals who find stray dogs contact animal control, a health officer, or a sheriff within 4 hours of finding the stray.

You’ll be required to report a full description of the dog as well as where you found it and any identifying information, if available.

At this time, they may or may not take the stray into custody.

If they take the dog into their possession, it will be vetted by animal control. It will also be subject to the state-mandated 6-day holding period. After that time, if the owner has not claimed the dog, you are free to adopt the dog from the shelter.

If they leave the dog in your care, municipal code 32.0101 indicates that you will be the “owner” of the dog after caring for it for “15 or more consecutive days.”

Conclusion

For Californians, understanding state and local regulations is crucial when encountering stray dogs. While the state mandates a six-day shelter hold, ownership rules vary across the state.

If you find a stray dog in California and want to keep it, the best thing you can do is surrender that dog to a local animal shelter.

This gives both the owner and the dog the best chance of being reunited. That is, after all, what’s best for the community. However, it also gives you an avenue to legally adopt that stray dog in as little as 3 days. 

Always prioritize what’s best for the stray dog. And keep in mind the rights and feelings of the family who may be missing their pooch. If you successfully reunite them, you should feel proud.

And just know, there are PLENTY of stray dogs in shelters who would love to come home with you.

Sources

• https://codes.findlaw.com/ca/family-code/fam-sect-2605/
• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=2080
• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=485.&lawCode=PEN
• https://casetext.com/statute/california-codes/california-food-and-agricultural-code/division-14-regulation-and-licensing-of-dogs/chapter-5-killing-and-seizure/article-1-generally/section-31108-holding-period-for-impounded-stray-dog
• https://codelibrary.amlegal.com/codes/sanbernardino/latest/sanberncty_ca/0-0-0-157522
• https://codelibrary.amlegal.com/codes/sanbernardino/latest/sanberncty_ca/0-0-0-157522