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 Georgia.
Finding a stray dog in Georgia, especially in Atlanta, can be a mix of emotions. But before you decide to keep it, it’s important to know the rules. Georgia has its own set of laws, and Atlanta has some extra ones too. This guide will help you understand what you should do if you find a stray dog, and how long before a stray dog is legally yours in Georgia.
How Long Before A Stray Dog Is Legally Yours In Georgia?
In Georgia, stray dogs with known owners are held for 5 days. Strays with unidentified owners get 30 days. However, local laws differ; in Atlanta, dogs without microchips have three days, while identified ones get seven. After that, they can be adopted or euthanized.
Within 24 hours, authorities must contact the owners of impounded dogs with known owners. Owners have a 5-day window to reclaim their dogs; otherwise, authorities may choose to adopt them out or euthanize them.
Dogs with unknown owners remain in custody for 30 days before potential adoption or euthanasia.
This is actually a pretty generous holding period. Compare that to stray dogs in Florida who are only held for 48 hours before they can be adopted or euthanized.
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Stray Dog Laws In Georgia
Georgia state code title 4 defines these rules. If “any person” impounds an animal with a known owner, they must contact the owner immediately. If an animal shelter impounds the dog, the shelter must scan the dog for a microchip within 24 hours.
They must also make reasonable efforts to reunite that dog with their owner.
If the owner can be identified, you must make contact with them via certified mail. In this communication, you should state your name, address, provide the reason for impounding the dog, and explain the timeframe within which they must retrieve their dog.
Once the owner receives this notification, they have 5 days to reclaim their dog. After that, the shelter can adopt out or euthanize the dog.
If the owner is not known, then the shelter must hold the dog for 30 days. During this time they must also post a notice where they found the animal and publish a notice in a widely-read newspaper in the county of impoundment at least once (source).
After that, that dog can be adopted or euthanized.
It’s important to note that, Georgia state code does state that these rules apply to “any person” impounding a dog.
However, they also state that the Commissioner, their designated agent, an animal control officer, or any sheriff, deputy sheriff, or other peace officer are authorized to impound animals.
They do not specify that these rules apply to individuals who find stray dogs that they wish to keep.
So, Georgia law mostly discusses the obligations of animal shelters when it comes to stray dogs. However, because dogs are considered property in Georgia, you are subject to Georgia state property laws as well.
Dogs As Property In Georgia
Because dogs are considered property in Georgia, we need to examine property laws to understand how long before a stray dog is yours.
The state of Georgia is actually pretty clear about dogs being considered property. A recent case involving a Georgia Dachshund named Lola. She was accidentally given the wrong medication while being kenneled, which led to her unfortunate death.
While the court recognized that dogs do have value beyond their purchase price, they are still property.
“The unique human-animal bond, while cherished, is beyond legal measure,” Chief Justice Hugh Thompson, Georgia Supreme Court.
Since dogs are property, you are required to follow Georgia property laws if you find a stray dog.
Georgia Code § 16-8-6 states that if you find lost property, you must make reasonable efforts to find the owner.
Reasonable efforts in the case of a dog might include surrendering the dog to animal services. It may also be having the dog scanned for a microchip, hanging flyers, or posting in community forums.
Failure to do these things might be considered theft.
So, How Long Do You Need To Keep The Dog Before It’s Legally Yours?
Georgia specifically does not state a length of time before you can claim legal ownership of found property. Even if you make reasonable measures to find the owner, the original owner will always have legal claim to their lost dog. (source)
If you want to keep a stray dog that you find in Georgia, you should surrender it to animal services. If the owner does not want the dog, you can adopt it in as little as 5 days. And if the owner can’t be identified, you can adopt it after a 30-day holding period.
However, that’s just the law at the state level. It’s important to note that your specific obligations are likely complicated by your county and city laws.
So, to determine how long before a stray dog is legally yours in Georgia, we need to look deeper still.
Stray Dogs In Fulton County, Georgia
Finding a stray dog in Fulton County, Georgia, can be a heartwarming experience, but it’s important to know the legal steps to ensure the well-being of the dog and comply with local regulations. Here’s a step-by-step guide on what to do if you find a stray dog and wish to keep or adopt it:
According to Fulton County ordinances, any citizen has the right to pick up and impound an animal running at large.
However, you MUST be “promptly” surrendered to Fulton County Animal Control. That stray will then be held for a mandatory holding period.
Notably, this holding period differs from that of the State of Georgia.
You may be tempted to keep the dog. But remember, failing to take reasonable measures to reunite an owner with their lost dog is considered theft in the state of Georgia.
Not to mention that fostering a stray dog is risky. Check out my article, Should I Foster A Dog?, to ohelp gauge if you and your home are really ready for this.
Dogs At Animal Services In Fulton County
In Fulton County, Georgia, dogs must be held at animal services for a minimum of three days from the day of impoundment. In most cases, the animal cannot be euthanized until five days from the date of impoundment.
This law implies that the animal shelter can adopt that dog out to an individual after just 3 days. They may also decide to give the dog up to a private animal shelter after just 3 days.
This step is essential as it allows the rightful owner an opportunity to reclaim their pet. This law also states that stray dogs can be euthanized in Fulton County after a 5-day holding period.
Therefore, the fastest path to legally adopt a stray dog in Fulton County, Georgia is to surrender it to animal services. This gives you the only legal path to claim ownership of a dog, and you can claim that ownership in as little as 3 days.
While the state of Georgia has its regulations regarding stray animals, the city of Atlanta has specific ordinances that residents must adhere to.
Stray Dogs In Atlanta
In Atlanta, stray dogs without microchips are held for three days before potential adoption or euthanasia. If a stray has identifiable information, such as a license or microchip, the owner has seven days to reclaim. After seven days, the dog may be adopted. If unclaimed or unadopted after ten days, the dog may be euthanized or donated to a rescue.
If you’ve found a stray dog in Atlanta, it’s crucial to understand the local laws. Otherwise, you may be breaking the law.
Stray dogs found without microchips will be held for a minimum of three days from the day of impoundment, as stated in Sec. 18-191(c). If these stray dogs are not claimed within three days of impoundment, they can be euthanized or adopted [(Sec. 18-191(d)].
Sec. 18-64(a) states that, if a dog is impounded with a license or microchip and the owner can be reasonably identified, owners get a seven-day window.
After that, the dog may be offered up for adoption.
If the dog hasn’t been reclaimed within seven days or adopted within ten days, the designated enforcement agency may euthanize them. They may also donate the dog to a private rescue.
Conclusion
It’s easy to feel your heartstrings pull when you encounter a stray dog, especially if you want to keep them. However, it’s so important to understand your local laws in Georgia. In Atlanta, stray dogs are held for specific durations based on their identification.
Always act with the dog’s best interest in mind, and remember that understanding and following the law is a crucial step in that journey.
Sources
- https://codes.findlaw.com/ga/title-4-animals/ga-code-sect-4-11-9-5.html#:~:text=(b)(1)%20If%20the,a%20hearing%20within%20five%20business
- https://codes.findlaw.com/ga/title-4-animals/ga-code-sect-4-11-9-4.html
- https://www.ajc.com/news/local/state-high-court-decides-the-worth-pet-dog/CchBCQ8VwUO6UHvXynsh0M/
- https://www.law.upenn.edu/faculty/paul-robinson/clrgcodes/Georgia.html
- https://www.georgiacriminallawyer.com/theft-of-lost-or-mislaid-property#:~:text=Georgia%20Law%20O.C.G.A.&text=If%20a%20person%20has%20in,it%2C%20then%20criminal%20intent%20appears.
- https://library.municode.com/ga/fulton_county/codes/code_of_ordinances?nodeId=PTIICOORCORE_CH34HESA_ARTVIRAANCO#:~:text=It%20shall%20be%20unlawful%20for,some%20other%20means%20and%20under
- https://library.municode.com/ga/atlanta/codes/code_of_ordinances?nodeId=PTIICOORENOR_CH18AN
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