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 Delaware.
Finding a stray dog in Delaware can stir up a whole bunch of unexpected emotions. The instant bond you may feel with this would-be new family member can be overwhelming. And frankly, the desire to give a stray dog a forever home is commendable of you.
But you need to pump the breaks on your emotions. I get it, your heart’s in the right place. But the line between rescuing a lost pet and unintentionally committing theft is quite thin in the First State.
And how long before a stray dog is legally yours in Delaware is not a quick answer.
How Long Before A Stray Dog Is Legally Yours In Delaware?
Animal shelters in Delaware are required to hold stray dogs for a minimum of 5 days. If they are not claimed by their original owners, they can be adopted out or euthanized. If you find a stray and keep it yourself, it won’t be legally yours until 1 year after the day it came to you.
Delaware state code section 3004F indicates that any dog seized by animal control not claimed within 5 days can be adopted out.
The dog can be euthanized after 5 days ONLY IF the following conditions are met:
- Animal control has no space to keep the dog
- The dog cannot share a cage with another animal to make room for it
- The dog cannot be fostered
- Private rescues won’t take the dog
Compared to other states across the US, these are actually quite humane rules to find at the state level.
Stray dogs in Arkansas can be put down in 5 days too regardless of shelter resources. And you can adopt a stray dog in California from animal control after just 3 days.
That said, the state of Delaware does not specifically state your legal obligations if you find a stray dog. No law specifically states what you must do if you find a stray dog.
It also does not specify how long before a stray dog is legally yours in Delaware.
However, Delaware, like most states, considers dogs to be property. Therefore, it can be helpful to examine Delaware’s laws regarding property. This can help us understand what the state-wide laws are regarding stray dogs in Delaware.
Keep in mind that county and city laws may complicate these rules. But more on that later.
Dogs As Property In Delaware
If you find a dog or any other property in Delaware, you must make reasonable efforts to return it to the original owner. If they don’t claim the dog within 1 year, you can consider the dog abandoned and legally call it your property.
Title 25 chapter 40 of the Delaware state code defines these rules. Section 4001 states that property is deemed abandoned after 1 year. Section 4002 states that, after that time, anyone in possession of the abandoned property gets full ownership rights to that property.
You can sell, give away, or otherwise get rid of the property as you see fit.
This section is not specific to dogs. However, as I mentioned, the state of Delaware considers dogs as property. Therefore, these Delaware property laws apply.
A stray dog is considered legally yours in Delaware after you’ve cared for it for 1 year. However, municipal and city laws may complicate things for you.
Stray Dogs In New Castle County, Delaware
Dogs in New Castle County must be licensed with the county and wear a registration tag. Stray dogs found without that ID tag become the property of the county after just 3 days. Dogs found with that ID tag get the state-mandated 5-day holding period. After that, they can be adopted out or euthanized.
These rules are outlined in New Castle Municipal code Chapter 4. However, they are specific to stray dogs that are impounded, not if you find a stray dog and decide to keep it yourself.
Many states have specific requirements when you find a stray dog or lost property.
For example, if you find a stray dog in California, you must contact animal control within 4 hours of finding it.
However, Delaware does not seem to have the same laws.
They do, however, define the legal owner of a dog as anyone who harbors an animal for 3 or more consecutive days. (source) However, that doesn’t mean any stray dog you find in New Castle County is legally yours after just 3 days.
Stray Dogs In Wilmington
New Castle’s most populated city is Wilmington. Their city code follows the exact same rules as the state, except for their definition of owner. They also define the owner of a dog as anyone who cares for it for 3 consecutive days (the state of Delaware does not define “owner” of a dog or animal).
The state only specifies the 5-day holding period. Wilmington code also only specifies the 5-day holding period. However, because Wilmington is in New Castle County, Wilmington residents are subject to the laws of the city of Wilmington, the county of New Castle, and also the state of Delaware.
While Wilmington and Delaware hold stray dogs in the shelter for 5 days, New Castle holds untagged strays for just 3 days. If your dog loses its tag, you might have less time than you expect to get them back.
And you may have to wait more or less time before that stray dog is legally yours, depending on where you are.
This is why it’s so important to check your city, county, and state laws before determining how long before a dog is legally yours in Delaware.
What You Should Do When You Find A Stray Dog In Delaware
As these things typically go in court, if you find lost property, you typically have a legal obligation to make a reasonable effort to return the property to its rightful owner. This might involve reporting the found property to local law enforcement or taking other steps to identify and notify the owner.
If you keep the property without making an effort to return it, especially if you know who the owner is or if there’s a way to find out, it could be considered theft.
The key distinction between simply finding a lost dog and adopting it and stealing a dog is the intent and actions you take or don’t take to return that dog.
In general, you must make “reasonable efforts” to reunite the dog with the original owner. Reasonable efforts may include putting up flyers, posting in local forums or newspapers, and getting the dog scanned for a microchip.
The best thing you can, though is bring the dog to the shelter. They’ll ensure the dog is healthy, not abused, and make the efforts to reunite the dog with the original owner.
If want to keep the stray dog, this is the fastest way to obtain legal ownership. You may be able to legally adopt the dog in as little as 3 days. If you don’t and decide to keep it, the original owner can reclaim their dog within 1 full year.
Since that would be traumatic for everyone, you, the original owner, and especially the dog, it’s best to bring the dog to the shelter and wait the mandatory holding period.
Sources
- https://library.municode.com/de/new_castle_county/codes/code_of_ordinances?nodeId=PTIICO_CH4AN
- https://www.animallaw.info/statute/de-cruelty-consolidated-cruelty-statutes#s3004f
- https://library.municode.com/co/new_castle/codes/code_of_ordinances?nodeId=TIT6AN_CH6.12DO
- https://library.municode.com/de/wilmington/codes/code_of_ordinances?nodeId=PTIIWICO_CH3AN_ARTIINGE
- https://delcode.delaware.gov/title25/c040/index.html#:~:text=(a)%20For%20the%20purposes%20of,failed%20to%20otherwise%20assert%20or
- https://codes.findlaw.com/de/title-25-property/de-code-sect-25-4001/
- https://delcode.delaware.gov/title12/c011/sc02/index.html
- https://delcode.delaware.gov/title16/c030f/sc01/index.html